S.Amdt. 974

SA 974. Mr. BLUNT (for himself and Mrs. McCaskill) submitted an amendment intended to be proposed to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter under the heading “GENERAL PROVISIONS” of title V, insert the following:

Sec. __. (a) None of the funds appropriated or otherwise made available by this Act shall be used by the Federal Energy Regulatory Commission to issue any order, including any order at the request of the licensee, directing the licensee of the Osage Hydroelectric Project No. 459 project to remove or dismantle residential dwellings or structures that are located within the project boundary unless the licensee has first submitted a plan to revise the project boundary.

(b) The Federal Energy Regulatory Commission shall not withhold approval of the plan described in subsection (a) if the plan will preserve the primary purpose of power generation of the project.

(c) Licensee resolution of the project boundary described in subsection (a) shall include the following actions:

(1) The contour elevation at 662 feet Union Electric datum shall be the new project boundary.

(2) Any existing structure on any property owned by any private owner with a valid property right (as of the date of enactment of this Act) above the contour elevation described in paragraph (1) shall no longer be considered within the project boundary.

(3) Any encroachment on land within the project boundary above the contour elevation described in paragraph (1) is consistent with the purposes of the project unless the encroachment significantly impedes the Bagnell Dam from generating power.