To include certain provisions relating to Federal Energy Regulatory Commission hydroelectric projects.

SA 3059. Mr. McCONNELL (for Ms. Murkowski (for herself, Mr. Manchin,
Mr. Burr, Mr. Daines, Mr. Cassidy, and Mrs. Gillibrand)) proposed an
amendment to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy

[[Page S4347]]

and water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; as follows:

At the end of title III of division A, add the following:
Sec. 305. (a) Section 5 of the Federal Power Act (16 U.S.C.
798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period of a
preliminary permit once for not more than 2 additional years
beyond the 3 years'' and inserting the following:
``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(b) Section 13 of the Federal Power Act (16 U.S.C. 806) is
amended in the second sentence by striking ``once but not
longer than two additional years'' and inserting ``for not
more than 8 additional years,''.
(c) Any obligation of a licensee or exemptee for the
payment of annual charges under section 10(e) of the Federal
Power Act (16 U.S.C. 803(e)) for a project that has not
commenced construction as of the date of enactment of this
Act shall commence not earlier than the latest of--
(1) the date by which the licensee or exemptee is required
to commence construction; or
(2) the date of any extension of the deadline under
paragraph (1).
Sec. 306.  Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior, after
consultation with the Secretary of Agriculture, shall--
(1) survey the exterior boundaries of the tract of Federal
land within the project boundary of the Swan Lake
Hydroelectric Project (FERC No. 2911) as generally depicted
and labeled ``Lost Creek'' on the map entitled ``Swan Lake
Project Boundary--Lot 2'' and dated February 1, 2016; and
(2) issue a patent to the State of Alaska for the tract
described in paragraph (1) in accordance with--
(A) the survey authorized under paragraph (1);
(B) section 6(a) of the Act of July 7, 1958 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21;
Public Law 85-508); and
(C) section 24 of the Federal Power Act (16 U.S.C. 818).
Sec. 307. (a) In this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``Terror Lake Hydroelectric Project'' means
the project identified in section 1325 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3212), and which
is the Commission project numbered 2743.
(3) The term ``Upper Hidden Basin Diversion Expansion''
means the expansion of the Terror Lake Hydroelectric Project
as generally described in exhibit E to the Upper Hidden Basin
Grant Application dated July 2, 2014, and submitted to the
Alaska Energy Authority Renewable Energy Fund Round VIII by
Kodiak Electric Association, Inc.
(b) The licensee for the Terror Lake Hydroelectric Project
may occupy not more than 20 acres of Federal land to
construct, operate, and maintain the Upper Hidden Basin
Diversion Expansion without further authorization of the
Secretary of the Interior or under the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
(c) The Upper Hidden Basin Diversion Expansion shall be
subject to appropriate terms and conditions included in an
amendment to a license issued by the Commission pursuant to
the Federal Power Act (16 U.S.C. 791a et seq.), including
section 4(e) of that Act (16 U.S.C. 797(e)), following an
environmental review by the Commission under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 308. (a) In this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``license'' means the license for the
Commission project numbered 11393.
(3) The term ``licensee'' means the holder of the license.
(b) On the request of the licensee, the Commission shall
issue an order continuing the stay of the license.
(c) On the request of the licensee, but not later than 10
years after the date of enactment of this Act, the Commission
shall--
(1) issue an order lifting the stay of the license under
subsection (b); and
(2) make the effective date of the license the date on
which the stay is lifted under paragraph (1).
(d)(1) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would
otherwise apply to the Commission project numbered 11393, the
Commission may, at the request of the licensee, and after
reasonable notice, in accordance with the good faith, due
diligence, and public interest requirements of, and the
procedures of the Commission under, that section, extend the
time period during which the licensee is required to commence
the construction of the project for not more than 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(2)(A) If the period required for the commencement of
construction of the project described in paragraph (1) has
expired prior to the date of enactment of this Act, the
Commission may reinstate the license effective as of the date
of the expiration of the license.
(B) If the Commission reinstates the license under
subparagraph (A), the first extension authorized under
paragraph (1) shall take effect on the date of that
expiration.
(e) Nothing in this section prioritizes, or creates any
advantage or disadvantage to, Commission project numbered
11393 under Federal law, including the Federal Power Act (16
U.S.C. 791a et seq.) or the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared
to--
(1) any electric generating facility in existence on the
date of enactment of this Act; or
(2) any electric generating facility that may be examined,
proposed, or developed during the period of any stay or
extension of the license under this section.
Sec. 309. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to Federal Energy Regulatory Commission
project numbers 12756, 12757, and 12758, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
applicable project, and after reasonable notice, in
accordance with the good faith, due diligence, and public
interest requirements of that section and the procedures of
the Commission under that section, extend the time period
during which the licensee is required to commence the
construction of the applicable project for up to 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(b) If the time period required for commencement of
construction of a project described in subsection (a) has
expired prior to the date of enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of the expiration
of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration.
Sec. 310. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12478-003, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements
of, and the procedures of the Commission under, that section,
extend the time period during which the licensee is required
to commence construction of the project for not more than 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(b)(1) If the period required for the commencement of
construction of the project described in subsection (a) has
expired prior to the date of enactment of this Act, the
Commission may reinstate the license effective as of that
date of expiration.
(2) If the Commission reinstates the license under
paragraph (1), the first extension authorized under
subsection (a) shall take effect on the date of that
expiration.
Sec. 311. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 13287, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements
of that section and the procedures of the Commission under
that section, extend the time period during which the
licensee is required to commence construction of the project
for up to 4 consecutive 2-year periods after the required
date of the commencement of construction described in Article
301 of the license.
(b)(1) If the period required for the commencement of
construction of the project described in subsection (a) has
expired prior to the date of enactment of this Act, the
Commission may reinstate the license effective as of that
date of expiration.
(2) If the Commission reinstates the license under
paragraph (1), the first extension authorized under
subsection (a) shall take effect on the date of that
expiration.
Sec. 312. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12642, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements
of that section and the procedures of the Commission under
that section, extend the time period during which the
licensee is required to commence the construction of the
project for up to 3 consecutive 2-year periods from the date
of the expiration of the extension originally issued by the
Commission.

[[Page S4348]]

(b) If the period required for commencement of construction
of the project described in subsection (a) has expired prior
to the date of enactment of this Act--
(1) the Commission may reinstate the license effective as
of the date of the expiration of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration date.
Sec. 313. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission projects numbered 12737 and 12740, the Federal
Energy Regulatory Commission (referred to in this section as
the ``Commission'') may, at the request of the licensee for
the applicable project, and after reasonable notice, in
accordance with the good faith, due diligence, and public
interest requirements of that section and the procedures of
the Commission under that section, extend the time period
during which the licensee is required to commence the
construction of the applicable project for up to 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(b) If the period required for commencement of construction
of a project described in subsection (a) has expired prior to
the date of enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of the expiration
of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration.
Sec. 314. (a) Notwithstanding the time period specified in
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12715 (referred to in this
section as the ``project''), the Federal Energy Regulatory
Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements
of, and the procedures of the Commission under, that section,
extend the time period during which the licensee is required
to commence the construction of the project for not more than
3 consecutive 2-year periods that begin on the date of the
expiration of the extension originally issued by the
Commission.
(b)(1) If the period required for the commencement of
construction of the project has expired before the date of
enactment of this Act, the Commission may reinstate the
license effective as of the date of the expiration of the
license.
(2) If the Commission reinstates the license under
paragraph (1), the first extension authorized under
subsection (a) shall take effect on the date of that
expiration.
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