II 

Calendar No. 536 

115TH CONGRESS 

2D SESSION S. 1142 

To extend the deadline for commencement of construction of certain 

hydroelectric projects. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2017 

Mr. CASSIDY (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JULY 30, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To extend the deadline for commencement of construction 

of certain hydroelectric projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘J. Bennett Johnston 

5 Waterway Hydropower Extension Act of 2017’’. 


amozie on DSK3GDR082PROD with BILLS
2 

•S 1142 RS

1 SEC. 2. EXTENSION. 

2 (a) IN GENERAL.—Notwithstanding the time period 

3 specified in section 13 of the Federal Power Act (16 

4 U.S.C. 806) that would otherwise apply to Federal Energy 

5 Regulatory Commission project numbers 12756, 12757, 

6 and 12758, the Commission may, at the request of the 

7 licensee for the applicable project, and after reasonable no8 tice, in accordance with the good faith, due diligence, and 

9 public interest requirements of that section and the Com10 mission’s procedures under that section, extend the time 

11 period during which such licensee is required to commence 

12 the construction of its applicable project for up to 3 con13 secutive 2-year periods from the date of the expiration of 

14 the extension originally issued by the Commission under 

15 that section for such project. 

16 (b) OBLIGATION FOR PAYMENT OF ANNUAL

17 CHARGES.—Any obligation of a licensee for a project de18 scribed in subsection (a) for the payment of annual 

19 charges under section 10(e) of the Federal Power Act (16 

20 U.S.C. 803(e)) shall commence when the construction of 

21 the project commences. 

22 (c) REINSTATEMENT OF LICENSE; EFFECTIVE DATE

23 FOR EXTENSION.— 

24 (1) REINSTATEMENT.—If the time period re25 quired for commencement of construction of a 

26 project described in subsection (a) has expired prior 


amozie on DSK3GDR082PROD with BILLS
3 

•S 1142 RS

1 to the date of the enactment of this Act, the Com2 mission may reinstate the license for such project, 

3 effective as of the date of the expiration of the li4 cense. 

5 (2) EFFECTIVE DATE FOR EXTENSION.—If the 

6 Commission reinstates a license under paragraph (1) 

7 for a project, the first extension authorized under 

8 subsection (a) with respect to such project shall take 

9 effect on the effective date of such reinstatement 

10 under paragraph (1). 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘J. Bennett Johnston Wa13 terway Hydropower Extension Act of 2018’’. 

14 SEC. 2. EXTENSION. 

15 (a) IN GENERAL.—Notwithstanding the time period 

16 specified in section 13 of the Federal Power Act (16 U.S.C. 

17 806) that would otherwise apply to Federal Energy Regu18 latory Commission project numbers 12756, 12757, and 

19 12758, the Commission may, at the request of the licensee 

20 for the applicable project, and after reasonable notice, in 

21 accordance with the good faith, due diligence, and public 

22 interest requirements of that section and the procedures of 

23 the Commission under that section, extend the time period 

24 during which the licensee is required to commence the con25 struction of the applicable project for up to 3 consecutive 


amozie on DSK3GDR082PROD with BILLS
4 

•S 1142 RS

1 2-year periods from the date of the expiration of the exten2 sion originally issued by the Commission. 

3 (b) REINSTATEMENT OF LICENSE.—If the time period 

4 required for commencement of construction of a project de5 scribed in subsection (a) has expired prior to the date of 

6 enactment of this Act— 

7 (1) the Commission may reinstate the license for 

8 the applicable project effective as of the date of the ex9 piration of the license; and 

10 (2) the first extension authorized under sub11 section (a) shall take effect on that expiration. 


amozie on DSK3GDR082PROD with BILLS

amozie on DSK3GDR082PROD with BILLS
Calendar No. 536 

115TH CONGRESS 

2D SESSION S. 1142 

A BILL 

construction of certain hydroelectric projects. 

To extend the deadline for commencement of 

JULY 30, 2018 

Reported with an amendment 


amozie on DSK3GDR082PROD with BILLS