[House Report 119-477]
[From the U.S. Government Publishing Office]


119th Congress }                                       { Report
                        HOUSE OF REPRESENTATIVES
  2nd Session  }                                       { 119-477

======================================================================
 
       TO REQUIRE THE FEDERAL ENERGY REGULATORY COMMISSION TO EX-
        TEND THE TIME PERIOD DURING WHICH LICENSEES ARE REQUIRED TO 
        COMMENCE CONSTRUCTION OF CERTAIN HYDROPOWER PROJECTS

                                _______
                                

February 2, 2026.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Guthrie, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2072]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2072) to require the Federal Energy Regulatory 
Commission to extend the time period during which licensees are 
required to commence construction of certain hydropower 
projects, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     2
Committee Votes..................................................     2
Oversight Findings and Recommendations...........................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Related Committee and Subcommittee Hearings......................     4
Committee Cost Estimate..........................................     4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............

                          PURPOSE AND SUMMARY

    H.R. 2072, To require the Federal Energy Regulatory 
Commission to extend the time period during which licensees are 
required to commence construction of certain hydropower 
projects, was introduced by Representative Newhouse (R-WA) on 
March 11, 2025, and referred to the Committee on Energy and 
Commerce on March 11, 2025. H.R. 2072 would allow the Federal 
Energy Regulatory Commission (FERC) to extend the commencement 
of construction requirements for covered hydropower projects by 
no more than 3 consecutive 2-year periods.

                  BACKGROUND AND NEED FOR LEGISLATION

    Hydropower is a critical part of the nation's energy mix, 
supplying clean, reliable power to approximately 30 million 
homes and businesses. Section 13 of the Federal Power Act 
requires that construction of a licensed project commence 
within two years from the issuance of the license.\1\ Current 
law authorizes the Federal Energy Regulatory Commission (FERC) 
to extend this deadline for not more than 8 additional years if 
the extension is not ``incompatible with public interests.''\2\
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    \1\16 U.S.C. 805.
    \2\Id.
---------------------------------------------------------------------------
    However, due to COVID pandemic-related supply chain and 
labor challenges, plans to begin construction on several 
hydropower projects were halted. In fact, 37 unconstructed, 
FERC-licensed hydropower projects across 15 states are at risk 
of losing licenses if additional time is not granted.\3\ Once 
constructed, these projects will provide energy imperative to 
winning the intelligence race, powering our communities, 
onshoring manufacturing, and lowering prices for consumers.
---------------------------------------------------------------------------
    \3\U.S. Fed. Energy Regulatory Comm'n. (FERC), Complete list of 
Active Licenses (Last updated 1/13/2026), https://www.ferc.gov/
licensing.
---------------------------------------------------------------------------
    H.R. 2072 authorizes the Federal Energy Regulatory 
Commission, after reasonable notice and for good cause shown, 
to extend construction deadlines for projects licensed prior to 
March 13, 2020. These additional extensions will not consist of 
more than 3 consecutive 2-year periods. On July 29, 2025, the 
Senate passed identical legislation, S. 1020, by unanimous 
consent.\4\ The Committee finds this legislation will provide a 
necessary extension to impacted parties licensed to bring 
critical power online.
---------------------------------------------------------------------------
    \4\S. 1020, 119th Cong., A bill to require the Federal Energy 
Regulatory Commission to extend the time period during which licensees 
are required to commence construction of certain hydropower projects 
(as passed by the Senate, Jul. 29, 2025).
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                            COMMITTEE ACTION

    On January 21, 2026, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 2072, 
without amendment, favorably reported to the House by a record 
vote of 44 yeas and 0 nays.

                            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. The following reflects the record votes taken during 
the Committee consideration:


                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held (a) hearing(s) and made findings 
that are reflected in this report.

              NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
                          AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 2072 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 extend 
the FERC commencement of construction requirement for certain 
hydropower projects.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2072 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.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearing was used to develop or consider H.R. 2072:
    On February 5, 2025, the Subcommittee on Energy held a 
hearing on H.R. 2072. The title of the hearing was ``Powering 
America's Future: Unleashing American Energy.'' The 
Subcommittee received testimony from:
           Amanda Eversole, Executive Vice President 
        and Chief Advocacy Officer, American Petroleum 
        Institute;
           Brigham McCown, Senior Fellow and Director, 
        Initiative on American Energy Security, The Hudson 
        Institute;
           Gary Arnold, Business Manager, Denver 
        Pipefitters Local 208; and,
           Tyler O'Conner, Partner, Crowell & Moring 
        LLP.

                        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. 2072 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      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. Extension of time to commence construction of certain 
        hydropower projects

    Section 1(a) defines a covered project as a hydropower 
project which the Federal Energy Regulatory Commission (FERC) 
issued a license before March 13, 2020.
    Section 1(b) authorizes FERC to extend the period during 
which the licensee is required to commence construction by an 
additional 6 years.
    Section 1(c) stipulates that the extension shall not 
consist of more than 3 consecutive 2-year periods, begins on 
the date of the final extension granted under section 13 of the 
Federal Power Act, and ends on the date that is no more than 6 
years after the latest date in which FERC was authorized to 
extend the period for commencing construction.
    Section 1(d) additionally authorizes FERC to reinstate 
licenses for projects which have exceeded the period to 
commence construction after December 31, 2023 and before 
enactment.

                           [all]