[House Report 115-176]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-176
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J. BENNETT JOHNSTON WATERWAY HYDROPOWER EXTENSION ACT OF 2017
_______
June 12, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Walden, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2457]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2457) to extend the deadline for commencement of
construction of certain hydroelectric projects, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``J. Bennett Johnston Waterway
Hydropower Extension Act of 2017''.
SEC. 2. EXTENSION.
(a) In General.--Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to Federal Energy Regulatory Commission project numbers 12756, 12757,
and 12758, the Commission may, at the request of the licensee for the
applicable project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements of that
section and the Commission's procedures under that section, extend the
time period during which such licensee is required to commence the
construction of its applicable project for up to 3 consecutive 2-year
periods from the date of the expiration of any extension issued by the
Commission under that section for such project.
(b) Obligation for Payment of Annual Charges.--Any obligation of a
licensee for a project described in subsection (a) for the payment of
annual charges under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)) shall commence when the construction of the project commences.
(c) Reinstatement of License; Effective Date for Extension.--
(1) Reinstatement.--If the time period required for
commencement of construction of a project described in
subsection (a) has expired prior to the date of the enactment
of this Act, the Commission may reinstate the license for such
project, effective as of the date of the expiration of the
license.
(2) Effective date for extension.--If the Commission
reinstates a license under paragraph (1) for a project, the
first extension authorized under subsection (a) with respect to
such project shall take effect on the effective date of such
reinstatement under paragraph (1).
CONTENTS
Page
Purpose and Summary.............................................. 2
Committee Action................................................. 2
Committee Votes.................................................. 2
Oversight Findings and Recommendations........................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Congressional Budget Office Estimate............................. 2
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 3
Committee Cost Estimate.......................................... 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Disclosure of Directed Rule Makings.............................. 3
Advisory Committee Statement..................................... 3
Applicability to Legislative Branch.............................. 3
Section-by-Section Analysis of the Legislation................... 3
Changes in Existing Law Made by the Bill, as Reported............ 4
PURPOSE AND SUMMARY
H.R. 2457 authorizes Federal Energy Regulatory Commission
(FERC) to extend the time period during which a licensee is
required to commence the construction of Commission project
numbers 12756, 12757, and 12758 for up to 3 consecutive 2-year
periods.
COMMITTEE ACTION
The Committee on Energy and Commerce has not held hearings
on the legislation.
On June 7, 2017, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 2457, as amended,
favorably reported to the House by unanimous consent.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. There were no record votes taken in connection with
ordering H.R. 2457 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee has not held hearings on this
legislation.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 2457 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
authorize the FERC to extend the time period during which a
licensee is required to commence the construction of Commission
project numbers 12756, 12757, and 12758 for up to 3 consecutive
2-year periods.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2457 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2457 contains no earmarks, limited
tax benefits, or limited tariff benefits.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, the Committee finds
that H.R. 2457 contains no directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 provides that the Act may be cited as the ``J.
Bennett Johnston Waterway Hydropower Extension Act of 2017.''
Section 2. Extension
Section 1 would authorize FERC to extend the time period
during which the licensee is required to commence the
construction of Commission project numbers 12756, 12757, and
12758 for up to 3 consecutive 2-year periods. Such action may
be taken at the request of the licensee for the project, and
after reasonable notice, in accordance with the good faith, due
diligence, and public interest requirements of section 13 of
the Federal Power Act, and the Commission's procedures.
Any obligation of the licensee for the project of annual
charges under section 10(e) of the Federal Power Act shall
commence on the expiration of the time period to commence
construction of the project.
If the period required for commencement of construction of
the project has expired prior to the date of the enactment of
this Act, the FERC may reinstate the license for the project
effective as of the date of its expiration and the first
authorized extension shall take effect on the date of such
expiration.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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