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115th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 115-176

======================================================================
 
     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.

                                  [all]