[House Report 119-477]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 119-477
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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.
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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.
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\3\U.S. Fed. Energy Regulatory Comm'n. (FERC), Complete list of
Active Licenses (Last updated 1/13/2026), https://www.ferc.gov/
licensing.
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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.
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\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.
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