II 112th CONGRESS 1st Session S. 1758 IN THE SENATE OF THE UNITED STATES October 20, 2011 Mrs. McCaskill (for herself and Mr. Blunt) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act prohibit the Federal Energy Regulatory Commission from requiring the removal or modification of existing structures or encroachments in licenses of the Commission.

1.

Short title

This Act may be cited as the Landowner Protection Act of 2011.

2.

Shoreline Management Plans

(a)

In General

Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended— (1)by designating the first, second, and third sentences as paragraphs (1), (2), and (3), respectively; and (2)by adding at the end the following: (4)

Removal or Modification of Existing Nonconforming Structures or Encroachments

(A)

In general

Except as provided in subparagraph (B), in issuing, denying, approving, or modifying a shoreline management plan required under any license issued under this part for any project, the Commission shall not require the removal or modification of any existing nonconforming structure or encroachment within the project boundary. (B)

Exception

Subparagraph (A) shall not apply to any existing nonconforming structure or encroachment built within the project boundary in bad faith. . (b)

Effective Date

The amendments made by subsection (a) shall take effect on January 1, 2011.