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Title 16 — ConservationRelease 119-73

§2705 Simplified and expeditious licensing procedures

Title 16 › Chapter CHAPTER 47— - SMALL HYDROELECTRIC POWER PROJECTS › § 2705

Last updated Apr 6, 2026|Official source

Summary

The Commission must set up a program to use simple and fast licensing under the Federal Power Act for small hydroelectric projects at existing dams. Before giving any license, the Commission must check the safety of the existing dam structures and think about what could happen if they failed. The Commission must also let the Council on Environmental Quality and the Environmental Protection Agency review and consult on the project's environmental effects. The Commission should encourage applicants to use public money or other help to build any needed fish and wildlife facilities. The Commission can, in some cases, exempt projects of 10,000 kilowatts or less from some Part I licensing rules. Any exemption must still meet the same fish, wildlife, and environmental limits that apply under section 30(c) and (d), and it cannot eliminate the required chance for CEQ and EPA consultation unless the exemption specifically allows it.

Full Legal Text

Title 16, §2705

Conservation — Source: USLM XML via OLRC

(a)The Commission shall establish, in such manner as the Commission deems appropriate, consistent with the applicable provisions of law, a program to use simple and expeditious licensing procedures under the Federal Power Act [16 U.S.C. 791a et seq.] for small hydroelectric power projects in connection with existing dams.
(b)Before issuing any license under the Federal Power Act [16 U.S.C. 791a et seq.] for the construction or operation of any small hydroelectric power project the Commission—
(1)shall assess the safety of existing structures in any proposed project (including possible consequences associated with failure of such structures), and
(2)shall provide an opportunity for consultation with the Council on Environmental Quality and the Environmental Protection Agency with respect to the environmental effects of such project.
(c)The Commission shall encourage applicants for licenses for small hydroelectric power proj­ects to make use of public funds and other assistance for the design and construction of fish and wildlife facilities which may be required in connection with any development of such proj­ect.
(d)The Commission may in its discretion (by rule or order) grant an exemption in whole or in part from the requirements (including the licensing requirements) of part I of the Federal Power Act [16 U.S.C. 791a et seq.] to small hydroelectric power projects having a proposed installed capacity of 10,000 kilowatts or less, on a case-by-case basis or on the basis of classes or categories of projects, subject to the same limitations (to ensure protection for fish and wildlife as well as other environmental concerns) as those which are set forth in subsections (c) and (d) of section 30 of the Federal Power Act [16 U.S.C. 823a (c) and (d)] with respect to determinations made and exemptions granted under subsection (b) of such section 30 [16 U.S.C. 823a(b)]; and subsections (c) and (d) of such section 30 shall apply with respect to actions taken and exemptions granted under this subsection. Except as specifically provided in this subsection, the granting of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting the application (to such project) of the second sentence of subsection (b) of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Commission, referred to in text, means the Federal Energy Regulatory Commission, see section 2602(3) of this title. The Federal Power Act, referred to in subsecs. (a), (b), and (d), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. Part I of the Federal Power Act is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title,

Short Title

note set out under section 661 of this title, and Tables. The Endangered Species Act, referred to in subsec. (b), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of this title and Tables.

Amendments

2013—Subsec. (d). Pub. L. 113–23 substituted “10,000 kilowatts” for “5,000 kilowatts” and “subsection (b) of such section 30” for “subsection (a) of such section 30”. 1980—Subsec. (d). Pub. L. 96–294 added subsec. (d).

Reference

Citations & Metadata

Citation

16 U.S.C. § 2705

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73