49–010 

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. 

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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. 

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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: 

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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. 

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