[Senate Report 114-132]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 212
114th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {      114-132

======================================================================



 
                            CLARK CANYON DAM

                                _______
                                

               September 9, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1103]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1103) to reinstate and extend the 
deadline for commencement of construction of a hydroelectric 
project involving Clark Canyon Dam, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 1103 is to reinstate and extend the 
deadline for commencement of construction of a hydroelectric 
project involving Clark Canyon Dam in Montana.

                          BACKGROUND AND NEED

    Clark Canyon Dam Project was licensed as Federal Energy 
Regulatory Commission (FERC) Project No. 12429 in 2009, and 
subsequently received the maximum two-year extension in 2011. 
After project construction did not commence by the extended 
deadline (August 25, 2013), the license was terminated by FERC 
order in 2015. Legislation is required to reinstate the 
terminated license and extend the construction commencement 
deadline.

                          LEGISLATIVE HISTORY

    Senator Daines introduced S. 1103 on April 27, 2015. The 
bill is co-sponsored by Senators Crapo, Risch, and Tester. The 
Committee on Energy and Natural Resources conducted a 
legislative hearing on S. 1103 on May 19, 2015.
    The Committee on Energy and Natural Resources met in open 
business session on July 30, 2015, and ordered S. 1103 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 30, 2015, by majority voice vote 
of a quorum present, recommends that the Senate pass S. 1103.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 requires FERC, at the request of the licensee for 
the project and after reasonable notice in accordance with FERC 
procedures, to reinstate the license and extend the time period 
during which the licensee is required to commence the 
construction of project works to a 3-year period beginning on 
the date of enactment of this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

S. 1103--A bill to reinstate and extend the deadline for commencement 
        of construction of a hydroelectric project involving Clark 
        Canyon Dam

    CBO estimates that implementing S. 1103 would have no net 
effect on the federal budget. The bill would authorize the 
Federal Energy Regulatory Commission (FERC) to reinstate the 
license and extend the deadline for beginning construction of a 
hydroelectric project (number 12429) at Clark Canyon Dam in 
Montana. The proposed extension could have a minor impact on 
FERC's workload; however, because FERC recovers 100 percent of 
its costs through user fees, any change in that agency's costs 
(which are controlled through annual appropriation acts) would 
be offset by an equal change in fees that the commission 
charges, resulting in no net change in federal spending. S. 
1103 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    S. 1103 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1103.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1103, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1103, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by FERC at the May 19, 2015 Full 
Committee hearing on S. 1103 follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1103, as ordered 
reported.

                                  [all]