An application must be submitted to the Commission for a license to construct, operate, and maintain a non‐federal hydropower project that would: (1) be located on navigable waters of the United States; (2) occupy lands or reservations of the United States; (3) use surplus water or water power from a Government dam; or (4) be located on non‐navigable waters that are subject to the authority of Congress under the Commerce Clause, affect the interests of interstate or foreign commerce, and involve construction on or after August 26, 1935. FERC is authorized to issue original licenses, and new or subsequent licenses following the expiration of an existing license (i.e., "relicenses").
Non Federal Hydropower Licenses
Permit/Review
Responsible Agency/Bureau
Project Type
Non‐Federal Hydropower ‐ Licenses (including Non‐Federal Marine and Hydrokinetic Projects)
Activity/Trigger
License application submitted to FERC in accordance with Part I of the Federal Power Act.
Description
Statute/Regulations
Section 4(e), 15(a)(1), and 23(b) of the Federal Power Act [16 U.S.C. 797, 808, and 817, respectively]; 18 C.F.R. 4, 5, and 16.
Editorial Category