Title 16, ConservationRelease 119-110

§823g Considerations for Relicensing Terms

Title 16 › CHAPTER 12 — FEDERAL REGULATION AND DEVELOPMENT OF POWER › SUBCHAPTER I — REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES › § 823g

Last updated Sep 22, 2026|Official source

Summary

When deciding how long a new license will last after the current one ends, the Commission must consider both investments the licensee will make under the new license and investments the licensee made during the old license. These two kinds of investments get equal weight. Investments include things like rebuilding, new construction or capacity, efficiency or modernization work, replacing major equipment, safety upgrades, and environmental or recreation protections or enhancements required or allowed by the new license. If past, ongoing, or planned investments were not already counted when the old license term was set, the Commission must treat them the same as new-license investments. A licensee can ask the Commission to say whether an investment qualifies, and the Commission must answer within 60 days. That answer will not say how many extra years the investment adds; the length is decided later when setting the new license term.

Full Legal Text

Title 16, §823g

Conservation, Source: USLM XML via OLRC

(a)In general
In determining the term of a new license issued when an existing license under this subchapter expires, the Commission shall take into consideration, among other things—
(1)project-related investments by the licensee under the new license; and
(2)project-related investments by the licensee over the term of the existing license.
(b)Equal weight
The determination of the Commission under subsection (a) shall give equal weight to—
(1)investments by the licensee to implement the new license under this subchapter, including investments relating to redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protection, mitigation, or enhancement measures required or authorized by the new license; and
(2)investments by the licensee over the term of the existing license (including any terms under annual licenses) that—
(A)resulted in redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation or replacement of major equipment, safety improvements, or environmental, recreation, or other protection, mitigation, or enhancement measures conducted over the term of the existing license; and
(B)were not expressly considered by the Commission as contributing to the length of the existing license term in any order establishing or extending the existing license term.
(c)Commission determination
At the request of the licensee, the Commission shall make a determination as to whether any planned, ongoing, or completed investment meets the criteria under subsection (b)(2). Any determination under this subsection shall be issued within 60 days following receipt of the licensee’s request. When issuing its determination under this subsection, the Commission shall not assess the incremental number of years that the investment may add to the new license term. All such assessment shall occur only as provided in subsection (a).

Reference

Citations & Metadata

Citation

16 U.S.C. § 823g

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110