16 U.s.c. 803

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16 U.S.C.
United States Code, 2018 Edition
Title 16 - CONSERVATION
CHAPTER 12 - FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I - REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 803 - Conditions of license generally
From the U.S. Government Publishing Office, www.gpo.gov

§803. Conditions of license generally
All licenses issued under this subchapter shall be on the following conditions:
(a) Modification of plans; factors considered to secure adaptability of project;
recommendations for proposed terms and conditions
(1) That the project adopted, including the maps, plans, and specifications, shall be such as in the
judgment of the Commission will be best adapted to a comprehensive plan for improving or
developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the
improvement and utilization of water-power development, for the adequate protection, mitigation,
and enhancement of fish and wildlife (including related spawning grounds and habitat), and for other
beneficial public uses, including irrigation, flood control, water supply, and recreational and other
purposes referred to in section 797(e) of this title 1 if necessary in order to secure such plan the
Commission shall have authority to require the modification of any project and of the plans and
specifications of the project works before approval.
(2) In order to ensure that the project adopted will be best adapted to the comprehensive plan
described in paragraph (1), the Commission shall consider each of the following:
(A) The extent to which the project is consistent with a comprehensive plan (where one exists)
for improving, developing, or conserving a waterway or waterways affected by the project that is
prepared by—
(i) an agency established pursuant to Federal law that has the authority to prepare such a plan;
or
(ii) the State in which the facility is or will be located.
(B) The recommendations of Federal and State agencies exercising administration over flood
control, navigation, irrigation, recreation, cultural and other relevant resources of the State in
which the project is located, and the recommendations (including fish and wildlife
recommendations) of Indian tribes affected by the project.
(C) In the case of a State or municipal applicant, or an applicant which is primarily engaged in
the generation or sale of electric power (other than electric power solely from cogeneration
facilities or small power production facilities), the electricity consumption efficiency improvement
program of the applicant, including its plans, performance and capabilities for encouraging or
assisting its customers to conserve electricity cost-effectively, taking into account the published
policies, restrictions, and requirements of relevant State regulatory authorities applicable to such
applicant.
(3) Upon receipt of an application for a license, the Commission shall solicit recommendations
from the agencies and Indian tribes identified in subparagraphs (A) and (B) of paragraph (2) for
proposed terms and conditions for the Commission's consideration for inclusion in the license.
(b) Alterations in project works
That except when emergency shall require for the protection of navigation, life, health, or
property, no substantial alteration or addition not in conformity with the approved plans shall be

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made to any dam or other project works constructed hereunder of an installed capacity in excess of
two thousand horsepower without the prior approval of the Commission; and any emergency
alteration or addition so made shall thereafter be subject to such modification and change as the
Commission may direct.
(c) Maintenance and repair of project works; liability of licensee for damages
That the licensee shall maintain the project works in a condition of repair adequate for the
purposes of navigation and for the efficient operation of said works in the development and
transmission of power, shall make all necessary renewals and replacements, shall establish and
maintain adequate depreciation reserves for such purposes, shall so maintain, and operate said works
as not to impair navigation, and shall conform to such rules and regulations as the Commission may
from time to time prescribe for the protection of life, health, and property. Each licensee hereunder
shall be liable for all damages occasioned to the property of others by the construction, maintenance,
or operation of the project works or of the works appurtenant or accessory thereto, constructed under
the license and in no event shall the United States be liable therefor.
(d) Amortization reserves
That after the first twenty years of operation, out of surplus earned thereafter, if any, accumulated
in excess of a specified reasonable rate of return upon the net investment of a licensee in any project
or projects under license, the licensee shall establish and maintain amortization reserves, which
reserves shall, in the discretion of the Commission, be held until the termination of the license or be
applied from time to time in reduction of the net investment. Such specified rate of return and the
proportion of such surplus earnings to be paid into and held in such reserves shall be set forth in the
license. For any new license issued under section 808 of this title, the amortization reserves under
this subsection shall be maintained on and after the effective date of such new license.
(e) Annual charges payable by licensees; maximum rates; application; review and report to
Congress
(1) That the licensee shall pay to the United States reasonable annual charges in an amount to be
fixed by the Commission for the purpose of reimbursing the United States for the costs of the
administration of this subchapter, including any reasonable and necessary costs incurred by Federal
and State fish and wildlife agencies and other natural and cultural resource agencies in connection
with studies or other reviews carried out by such agencies for purposes of administering their
responsibilities under this subchapter; for recompensing it for the use, occupancy, and enjoyment of
its lands or other property; and for the expropriation to the Government of excessive profits until the
respective States shall make provision for preventing excessive profits or for the expropriation
thereof to themselves, or until the period of amortization as herein provided is reached, and in fixing
such charges the Commission shall seek to avoid increasing the price to the consumers of power by
such charges, and any such charges may be adjusted from time to time by the Commission as
conditions may require: Provided, That, subject to annual appropriations Acts, the portion of such
annual charges imposed by the Commission under this subsection to cover the reasonable and
necessary costs of such agencies shall be available to such agencies (in addition to other funds
appropriated for such purposes) solely for carrying out such studies and reviews and shall remain
available until expended: Provided, That when licenses are issued involving the use of Government
dams or other structures owned by the United States or tribal lands embraced within Indian
reservations the Commission shall, subject to the approval of the Secretary of the Interior in the case
of such dams or structures in reclamation projects and, in the case of such tribal lands, subject to the
approval of the Indian tribe having jurisdiction of such lands as provided in section 5123 of title 25,
fix a reasonable annual charge for the use thereof, and such charges may with like approval be
readjusted by the Commission at the end of twenty years after the project is available for service and
at periods of not less than ten years thereafter upon notice and opportunity for hearing: Provided
further, That licenses for the development, transmission, or distribution of power by States or
municipalities shall be issued and enjoyed without charge to the extent such power is sold to the

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public without profit or is used by such State or municipality for State or municipal purposes, except
that as to projects constructed or to be constructed by States or municipalities primarily designed to
provide or improve navigation, licenses therefor shall be issued without charge; and that licenses for
the development, transmission, or distribution of power for domestic, mining, or other beneficial use
in projects of not more than two thousand horsepower installed capacity may be issued without
charge, except on tribal lands within Indian reservations; but in no case shall a license be issued free
of charge for the development and utilization of power created by any Government dam and that the
amount charged therefor in any license shall be such as determined by the Commission: Provided
however, That no charge shall be assessed for the use of any Government dam or structure by any
licensee if, before January 1, 1985, the Secretary of the Interior has entered into a contract with such
licensee that meets each of the following requirements:
(A) The contract covers one or more projects for which a license was issued by the Commission
before January 1, 1985.
(B) The contract contains provisions specifically providing each of the following:
(i) A powerplant may be built by the licensee utilizing irrigation facilities constructed by the
United States.
(ii) The powerplant shall remain in the exclusive control, possession, and ownership of the
licensee concerned.
(iii) All revenue from the powerplant and from the use, sale, or disposal of electric energy
from the powerplant shall be, and remain, the property of such licensee.
(C) The contract is an amendatory, supplemental and replacement contract between the United
States and: (i) the Quincy-Columbia Basin Irrigation District (Contract No. 14–06–100–6418); (ii)
the East Columbia Basin Irrigation District (Contract No. 14–06–100–6419); or, (iii) the South
Columbia Basin Irrigation District (Contract No. 14–06–100–6420).
This paragraph shall apply to any project covered by a contract referred to in this paragraph only
during the term of such contract unless otherwise provided by subsequent Act of Congress. In the
event an overpayment of any charge due under this section shall be made by a licensee, the
Commission is authorized to allow a credit for such overpayment when charges are due for any
subsequent period.
(2) In the case of licenses involving the use of Government dams or other structures owned by the
United States, the charges fixed (or readjusted) by the Commission under paragraph (1) for the use of
such dams or structures shall not exceed 1 mill per kilowatt-hour for the first 40 gigawatt-hours of
energy a project produces in any year, 1½ mills per kilowatt-hour for over 40 up to and including 80
gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy the project produces over 80
gigawatt-hours in any year. Except as provided in subsection (f), such charge shall be the only charge
assessed by any agency of the United States for the use of such dams or structures.
(3) The provisions of paragraph (2) shall apply with respect to—
(A) all licenses issued after October 16, 1986; and
(B) all licenses issued before October 16, 1986, which—
(i) did not fix a specific charge for the use of the Government dam or structure involved; and
(ii) did not specify that no charge would be fixed for the use of such dam or structure.
(4) Every 5 years, the Commission shall review the appropriateness of the annual charge
limitations provided for in this subsection and report to Congress concerning its recommendations
thereon.
(f) Reimbursement by licensee of other licensees, etc.
That whenever any licensee hereunder is directly benefited by the construction work of another
licensee, a permittee, or of the United States of a storage reservoir or other headwater improvement,
the Commission shall require as a condition of the license that the licensee so benefited shall

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reimburse the owner of such reservoir or other improvements for such part of the annual charges for
interest, maintenance, and depreciation thereon as the Commission may deem equitable. The
proportion of such charges to be paid by any licensee shall be determined by the Commission. The
licensees or permittees affected shall pay to the United States the cost of making such determination
as fixed by the Commission.
Whenever such reservoir or other improvement is constructed by the United States the
Commission shall assess similar charges against any licensee directly benefited thereby, and any
amount so assessed shall be paid into the Treasury of the United States, to be reserved and
appropriated as a part of the special fund for headwater improvements as provided in section 810 of
this title.
Whenever any power project not under license is benefited by the construction work of a licensee
or permittee, the United States or any agency thereof, the Commission, after notice to the owner or
owners of such unlicensed project, shall determine and fix a reasonable and equitable annual charge
to be paid to the licensee or permittee on account of such benefits, or to the United States if it be the
owner of such headwater improvement.
(g) Conditions in discretion of commission
Such other conditions not inconsistent with the provisions of this chapter as the commission may
require.
(h) Monopolistic combinations; prevention or minimization of anticompetitive conduct; action
by Commission regarding license and operation and maintenance of project
(1) Combinations, agreements, arrangements, or understandings, express or implied, to limit the
output of electrical energy, to restrain trade, or to fix, maintain, or increase prices for electrical
energy or service are hereby prohibited.
(2) That conduct under the license that: (A) results in the contravention of the policies expressed in
the antitrust laws; and (B) is not otherwise justified by the public interest considering regulatory
policies expressed in other applicable law (including but not limited to those contained in subchapter
II of this chapter) shall be prevented or adequately minimized by means of conditions included in the
license prior to its issuance. In the event it is impossible to prevent or adequately minimize the
contravention, the Commission shall refuse to issue any license to the applicant for the project and,
in the case of an existing project, shall take appropriate action to provide thereafter for the operation
and maintenance of the affected project and for the issuing of a new license in accordance with
section 808 of this title.
(i) Waiver of conditions
In issuing licenses for a minor part only of a complete project, or for a complete project of not
more than two thousand horsepower installed capacity, the Commission may in its discretion waive
such conditions, provisions, and requirements of this subchapter, except the license period of fifty
years, as it may deem to be to the public interest to waive under the circumstances: Provided, That
the provisions hereof shall not apply to annual charges for use of lands within Indian reservations.
(j) Fish and wildlife protection, mitigation and enhancement; consideration of
recommendations; findings
(1) That in order to adequately and equitably protect, mitigate damages to, and enhance, fish and
wildlife (including related spawning grounds and habitat) affected by the development, operation,
and management of the project, each license issued under this subchapter shall include conditions for
such protection, mitigation, and enhancement. Subject to paragraph (2), such conditions shall be
based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service,
and State fish and wildlife agencies.
(2) Whenever the Commission believes that any recommendation referred to in paragraph (1) may
be inconsistent with the purposes and requirements of this subchapter or other applicable law, the

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Commission and the agencies referred to in paragraph (1) shall attempt to resolve any such
inconsistency, giving due weight to the recommendations, expertise, and statutory responsibilities of
such agencies. If, after such attempt, the Commission does not adopt in whole or in part a
recommendation of any such agency, the Commission shall publish each of the following findings
(together with a statement of the basis for each of the findings):
(A) A finding that adoption of such recommendation is inconsistent with the purposes and
requirements of this subchapter or with other applicable provisions of law.
(B) A finding that the conditions selected by the Commission comply with the requirements of
paragraph (1).
Subsection (i) shall not apply to the conditions required under this subsection.
(June 10, 1920, ch. 285, pt. I, §10, 41 Stat. 1068; renumbered pt. I and amended, Aug. 26, 1935, ch.
687, title II, §§206, 212, 49 Stat. 842, 847; Pub. L. 87–647, Sept. 7, 1962, 76 Stat. 447; Pub. L. 90
–451, §4, Aug. 3, 1968, 82 Stat. 617; Pub. L. 99–495, §§3(b), (c), 9(a), 13, Oct. 16, 1986, 100 Stat.
1243, 1244, 1252, 1257; Pub. L. 99–546, title IV, §401, Oct. 27, 1986, 100 Stat. 3056; Pub. L. 102
–486, title XVII, §1701(a), Oct. 24, 1992, 106 Stat. 3008.)
REFERENCES IN TEXT
The Fish and Wildlife Coordination Act, referred to in subsec. (j)(1), is act Mar. 10, 1934, ch. 55, 48 Stat.
401, as amended, which is classified generally to sections 661 to 666c of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.
AMENDMENTS
1992—Subsec. (e)(1). Pub. L. 102–486, in introductory provisions, substituted "administration of this
subchapter, including any reasonable and necessary costs incurred by Federal and State fish and wildlife
agencies and other natural and cultural resource agencies in connection with studies or other reviews carried
out by such agencies for purposes of administering their responsibilities under this subchapter;" for
"administration of this subchapter;" and inserted "Provided, That, subject to annual appropriations Acts, the
portion of such annual charges imposed by the Commission under this subsection to cover the reasonable and
necessary costs of such agencies shall be available to such agencies (in addition to other funds appropriated
for such purposes) solely for carrying out such studies and reviews and shall remain available until expended:"
after "as conditions may require:".
1986—Subsec. (a). Pub. L. 99–495, §3(b), designated existing provisions as par. (1), inserted "for the
adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds
and habitat)," after "water-power development", inserted "irrigation, flood control, water supply, and" after
"including", which words were inserted after "public uses, including" as the probable intent of Congress,
substituted "and other purposes referred to in section 797(e) of this title" for "purposes; and", and added pars.
(2) and (3).
Subsec. (e). Pub. L. 99–546 inserted proviso that no charge be assessed for use of Government dam or
structure by licensee if, before Jan. 1, 1985, licensee and Secretary entered into contract which met
requirements of date of license, powerplant construction, ownership, and revenue, etc.
Pub. L. 99–495, §9(a), designated existing provisions as par. (1) and added pars. (2) to (4).
Subsec. (h). Pub. L. 99–495, §13, designated existing provisions as par. (1) and added par. (2).
Subsec. (j). Pub. L. 99–495, §3(c), added subsec. (j).
1968—Subsec. (d). Pub. L. 90–451 provided for maintenance of amortization reserves on and after
effective date of new licenses.
1962—Subsecs. (b), (e), (i). Pub. L. 87–647 substituted "two thousand horsepower" for "one hundred
horsepower".
1935—Subsec. (a). Act Aug. 26, 1935, §206, substituted "plan for improving or developing a waterway or
waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of
water-power development, and for other beneficial uses, including recreational purposes" for "scheme of
improvement and utilization for the purposes of navigation, of water-power development, and of other
beneficial public uses," and "such plan" for "such scheme".
Subsec. (b). Act Aug. 26, 1935, §206, inserted "installed" before "capacity".
Subsec. (d). Act Aug. 26, 1935, §206, substituted "net investment" for "actual, legitimate investment".

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Subsec. (e). Act Aug. 26, 1935, §206, amended subsec. (e) generally.
Subsec. (f). Act Aug. 26, 1935, §206, inserted last sentence to first par., and inserted last par.
Subsec. (i). Act Aug. 26, 1935, §206, inserted "installed" before "capacity", and "annual charges for use of"
before "lands" in proviso.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under
this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this
title.
SAVINGS PROVISION
Pub. L. 99–495, §9(b), Oct. 16, 1986, 100 Stat. 1252, provided that: "Nothing in this Act [see Short Title of
1986 Amendment note set out under section 791a of this title] shall affect any annual charge to be paid
pursuant to section 10(e) of the Federal Power Act [16 U.S.C. 803(e)] to Indian tribes for the use of their lands
within Indian reservations."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec. (e)(4) of this section relating to reporting
recommendations to Congress every 5 years, see section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 91 of House Document No. 103–7.
OBLIGATION FOR PAYMENT OF ANNUAL CHARGES
Pub. L. 115–270, title III, §3001(c), Oct. 23, 2018, 132 Stat. 3862, provided that: "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 [Oct.
23, 2018] 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)."
1

So in original. Probably should be followed by "; and".

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