99–010 

Calendar No. 134 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–54 

AMERICAN FALLS RESERVOIR 

AUGUST 30 (legislative day, AUGUST 2), 2011.—Ordered to be printed 

Filed under authority of the order of the Senate of August 2, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 334] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 334) to reinstate and extend the deadline for 

commencement of construction of a hydroelectric project involving 

the American Falls Reservoir, having considered the same, reports 

favorably thereon without amendment and recommends that the 

bill do pass. 

PURPOSE

The purpose of S. 334 is to reinstate and extend the deadline for 

commencement of construction of a hydroelectric project at the 

American Falls Reservoir in Idaho. 

BACKGROUND AND NEED

The Lateral 993 Project was licensed to the American Falls Reservoir District No. 2/Big Wood Canal Company in Idaho as Federal 

Energy Regulatory Commission (FERC) Project No. 12423 in 2003, 

and subsequently received the maximum, two-year extension in 

2005. After project construction did not commence by the extended 

deadline (September 26, 2007), the license was terminated by 

FERC order in 2009. Legislation is required to reinstate the terminated license and extend the construction commencement deadline. 

LEGISLATIVE HISTORY

Senator Risch introduced S. 334 on February 14, 2011. The bill 

is co-sponsored by Senator Crapo. The Subcommittee on Water and 


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Power of the Committee on Energy and Natural Resources held a 

hearing on S. 334 on May 19, 2011, and considered the bill at its 

business meeting on July 14, 2011. The Committee ordered S. 334 

favorably reported without amendment at its business meeting on 

July 14, 2011. 

During the 111th Congress, the Committee considered similar 

legislation, S. 3099, sponsored by Senator Risch. The Subcommittee 

on Water and Power held a hearing on S. 3099 on April 27, 2010 

(S. Hrg. 111–619) and the Committee ordered S. 3099 favorably reported without amendment on May 6, 2010 (S. Rpt. 111–195). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 14, 2011, by voice vote of a quorum 

present, recommends that the Senate pass S. 334. 

SECTION-BY-SECTION ANALYSIS

Section 1 requires FERC, at the request of the licensee for the 

project and after reasonable notice and in accordance with FERC 

procedures, to reinstate the license issued for FERC project number 

12423 and to extend the time period during which the licensee is 

required to commence the construction of project works to September 25, 2013. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 334—A bill to reinstate and extend the deadline for commencement of construction of a hydroelectric project involving the 

American Falls Reservoir 

CBO estimates that implementing S. 334 would have no net effect on the federal budget. The bill would authorize the Federal Energy Regulatory Commission (FERC) to extend the deadline for beginning construction of a hydroelectric project (number 12423) at 

the American Falls Reservoir in Idaho. The proposed extension 

could have a minor impact on FERC’s workload. Because FERC recovers 100 percent of its costs through user fees, any change in its 

administrative costs would be offset by an equal change in fees 

that the commission charges. Therefore, the legislation’s provisions 

would have no net budgetary impact. 

Because FERC’s administrative costs are controlled through annual appropriation acts, enacting S. 334 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

S. 334 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, Deputy Assistant Director 

for Budget Analysis. 


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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. 334. 

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. 334, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 334, as ordered 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 the Federal Energy Regulatory Commission at the May 19, 2011, Subcommittee hearing on S. 334 follows: 

FEDERAL ENERGY REGULATORY COMMISSION, 

Washington, DC, May 18, 2011. 

Re S. 334 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

304 Dirksen Senate Office Building, Washington, DC. 

DEAR CHAIRMAN BINGAMAN: This letter is in response to 

your request for my views on S. 344. That bill would require the Federal Energy Regulatory Commission to reinstate the license for the proposed 1.5-megawatt Lateral 

993 Hydroelectric Project No. 12423, to be located at the 

juncture of the 993 Lateral Canal and the North Gooding 

Main Canal, northwest of the town of Shoshone, in Lincoln 

County, Idaho. The bill also would require the Commission 

to extend the commencement of construction deadline for 

the project to September 25, 2013. 

The Commission issued an original license for this 

project, to American Falls Reservoir District No. 2 and Big 

Wood Canal, on September 26, 2003. The license provided 

that the company was required to commence project construction within two years of the date of the license, the 

maximum period permitted by section 13 of the Federal 

Power Act. The Commission subsequently granted a twoyear extension of the commencement of construction deadline, again the maximum authorized by section 13. Construction had not commenced when that deadline expired, 

on September 26, 2007. Section 13 provides that, when 

construction has not timely commenced, the Commission 

must terminate the license. The Commission terminated 

the license by order dated August 3, 2009. 


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I and the last several Commission Chairmen have taken 

the position of not opposing legislation that would extend 

the commencement of construction deadline no further 

than 10 years from the date that the license in question 

was issued. Where proposed extensions would run beyond 

that time, there has been a sense that the public interest 

is better served by releasing the site for other public uses. 

Because S. 334 requires the Commission to an extension 

to September 25, 2013, thus extending the commencement 

of construction deadline to 10 years from when the license 

was issued, I do not oppose the bill. 

If I can be of further assistance to you on this or any 

other Commission matter, please let me know. 

Sincerely, 

JON WELLINGHOFF, Chairman. 

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. 334, as ordered reported. 

Æ 


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