---
kind: "section"
citation: "16 U.S.C. § 803"
title: "16"
title_heading: "Conservation"
number: "803"
heading: "Conditions of license generally"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/803"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter I — Regulation of the Development of Water Power and Resources"
---

# §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](/usc/16/796.md?p=11) adopted, including the [maps](/usc/16/430f–7.md?p=1), plans, and specifications, shall be such as in the judgment of the [Commission](/usc/16/544.md?p=c) 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](/usc/16/3102.md?p=17) (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](/usc/16/797.md?p=e)[^1] if necessary in order to secure such plan the [Commission](/usc/16/544.md?p=c) shall have authority to require the modification of any [project](/usc/16/796.md?p=11) and of the plans and specifications of the [project works](/usc/16/796.md?p=12) before approval.
  - (2) In order to ensure that the [project](/usc/16/796.md?p=11) adopted will be best adapted to the comprehensive plan described in [paragraph (1)](#a-1), the [Commission](/usc/16/544.md?p=c) shall consider each of the following:
    - (A) The extent to which the [project](/usc/16/796.md?p=11) is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the [project](/usc/16/796.md?p=11) 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](/usc/16/796.md?p=6) in which the facility is or will be located.
    - (B) The recommendations of Federal and [State](/usc/16/796.md?p=6) agencies exercising administration over flood control, navigation, irrigation, recreation, cultural and other relevant resources of the [State](/usc/16/796.md?p=6) in which the [project](/usc/16/796.md?p=11) is located, and the recommendations (including [fish and wildlife](/usc/16/3102.md?p=17) recommendations) of [Indian tribes](/usc/16/544.md?p=g) affected by the [project](/usc/16/796.md?p=11).
    - (C) In the case of a [State](/usc/16/796.md?p=6) 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](/usc/16/796.md?p=18-A) or [small power production facilities](/usc/16/796.md?p=17-A)), 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](/usc/16/3102.md?p=18) into account the published policies, restrictions, and requirements of relevant [State](/usc/16/796.md?p=6) regulatory authorities applicable to such applicant.
  - (3) Upon receipt of an application for a license, the [Commission](/usc/16/544.md?p=c) shall solicit recommendations from the agencies and [Indian tribes](/usc/16/544.md?p=g) identified in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B) of paragraph (2) for proposed terms and conditions for the [Commission](/usc/16/544.md?p=c)’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](/usc/16/410r–5.md?p=c-2) not in conformity with the approved plans shall be made to any dam or other [project works](/usc/16/796.md?p=12) constructed hereunder of an installed capacity in excess of two thousand horsepower without the prior approval of the [Commission](/usc/16/544.md?p=c); and any emergency alteration or [addition](/usc/16/410r–5.md?p=c-2) so made shall thereafter be subject to such modification and change as the [Commission](/usc/16/544.md?p=c) may direct.
- (c) **Maintenance and repair of project works; liability of licensee for damages—** That the [licensee](/usc/16/796.md?p=5) shall maintain the [project works](/usc/16/796.md?p=12) 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](/usc/16/544.md?p=c) may from time to time prescribe for the protection of life, health, and property. Each [licensee](/usc/16/796.md?p=5) hereunder shall be liable for all damages occasioned to the property of others by the construction, maintenance, or operation of the [project works](/usc/16/796.md?p=12) 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](/usc/16/796.md?p=5) in any [project](/usc/16/796.md?p=11) or [projects](/usc/16/796.md?p=11) under license, the [licensee](/usc/16/796.md?p=5) shall establish and maintain amortization reserves, which reserves shall, in the discretion of the [Commission](/usc/16/544.md?p=c), 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](/usc/16/808.md), 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](/usc/16/796.md?p=5) shall pay to the United States reasonable annual charges in an amount to be fixed by the [Commission](/usc/16/544.md?p=c) 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](/usc/16/796.md?p=6) [fish and wildlife](/usc/16/3102.md?p=17) 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](/usc/16/544.md?p=r) 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](/usc/16/544.md?p=c) 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](/usc/16/544.md?p=c) as conditions may require: Provided, That, subject to annual appropriations Acts, the portion of such annual charges imposed by the [Commission](/usc/16/544.md?p=c) under this subsection to cover the reasonable and necessary costs of such agencies shall be available to such agencies (in [addition](/usc/16/410r–5.md?p=c-2) 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](/usc/16/796.md?p=10) or other structures owned by the United States or tribal lands embraced within Indian [reservations](/usc/16/796.md?p=2) the [Commission](/usc/16/544.md?p=c) shall, subject to the approval of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior in the case of such dams or structures in [reclamation projects](/usc/16/460l–32.md?p=3) 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](/usc/25/5123.md), fix a reasonable annual charge for the use thereof, and such charges may with like approval be readjusted by the [Commission](/usc/16/544.md?p=c) at the end of twenty years after the [project](/usc/16/796.md?p=11) 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](/usc/16/544.md?p=r) or [municipalities](/usc/16/796.md?p=7) shall be issued and enjoyed without charge to the extent such power is sold to the public without profit or is used by such [State](/usc/16/796.md?p=6) or [municipality](/usc/16/796.md?p=7) for [State](/usc/16/796.md?p=6) or [municipal purposes](/usc/16/796.md?p=9), except that as to [projects](/usc/16/796.md?p=11) constructed or to be constructed by [States](/usc/16/544.md?p=r) or [municipalities](/usc/16/796.md?p=7) 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](/usc/16/796.md?p=11) of not more than two thousand horsepower installed capacity may be issued without charge, except on tribal lands within Indian [reservations](/usc/16/796.md?p=2); but in no case shall a license be issued free of charge for the development and utilization of power created by any [Government dam](/usc/16/796.md?p=10) and that the amount charged therefor in any license shall be such as determined by the [Commission](/usc/16/544.md?p=c): Provided however, That no charge shall be assessed for the use of any [Government dam](/usc/16/796.md?p=10) or structure by any [licensee](/usc/16/796.md?p=5) if, before January 1, 1985, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior has entered into a contract with such [licensee](/usc/16/796.md?p=5) that meets each of the following requirements:
    - (A) The contract covers one or more [projects](/usc/16/796.md?p=11) for which a license was issued by the [Commission](/usc/16/544.md?p=c) before January 1, 1985.
    - (B) The contract contains provisions specifically providing each of the following:
      - (i) A powerplant may be built by the [licensee](/usc/16/796.md?p=5) utilizing irrigation facilities constructed by the United States.
      - (ii) The powerplant shall remain in the exclusive control, possession, and ownership of the [licensee](/usc/16/796.md?p=5) 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](/usc/16/796.md?p=5).
    - (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](/usc/16/796.md?p=11) 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](/usc/16/796.md?p=5), the [Commission](/usc/16/544.md?p=c) 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](/usc/16/796.md?p=10) or other structures owned by the United States, the charges fixed (or readjusted) by the [Commission](/usc/16/544.md?p=c) under [paragraph (1)](#e-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](/usc/16/796.md?p=11) 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](/usc/16/796.md?p=11) produces over 80 gigawatt-hours in any year. Except as provided in [subsection (f)](#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)](#e-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](/usc/16/796.md?p=10) 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](/usc/16/544.md?p=c) 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](/usc/16/796.md?p=5) hereunder is directly benefited by the construction work of another [licensee](/usc/16/796.md?p=5), a permittee, or of the United States of a storage reservoir or other headwater improvement, the [Commission](/usc/16/544.md?p=c) shall require as a condition of the license that the [licensee](/usc/16/796.md?p=5) so benefited shall reimburse the [owner](/usc/16/429b–3.md?p=4) of such reservoir or other improvements for such part of the annual charges for interest, maintenance, and depreciation thereon as the [Commission](/usc/16/544.md?p=c) may deem equitable. The proportion of such charges to be paid by any [licensee](/usc/16/796.md?p=5) shall be determined by the [Commission](/usc/16/544.md?p=c). The [licensees](/usc/16/796.md?p=5) or permittees affected shall pay to the United States the cost of making such determination as fixed by the [Commission](/usc/16/544.md?p=c).

  Whenever such reservoir or other improvement is constructed by the United States the [Commission](/usc/16/544.md?p=c) shall assess similar charges against any [licensee](/usc/16/796.md?p=5) 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](/usc/16/810.md).

  Whenever any power [project](/usc/16/796.md?p=11) not under license is benefited by the construction work of a [licensee](/usc/16/796.md?p=5) or permittee, the United States or any agency thereof, the [Commission](/usc/16/544.md?p=c), after notice to the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of such unlicensed [project](/usc/16/796.md?p=11), shall determine and fix a reasonable and equitable annual charge to be paid to the [licensee](/usc/16/796.md?p=5) or permittee on account of such benefits, or to the United States if it be the [owner](/usc/16/429b–3.md?p=4) of such headwater improvement.

- (g) **Conditions in discretion of commission—** Such other conditions not inconsistent with the provisions of this chapter as the [commission](/usc/16/544.md?p=c) 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](/usc/16/544.md?p=c) shall refuse to issue any license to the applicant for the [project](/usc/16/796.md?p=11) and, in the case of an existing [project](/usc/16/796.md?p=11), shall [take](/usc/16/3102.md?p=18) appropriate action to provide thereafter for the operation and maintenance of the affected [project](/usc/16/796.md?p=11) and for the issuing of a new license in accordance with [section 808 of this title](/usc/16/808.md).
- (i) **Waiver of conditions—** In issuing licenses for a minor part only of a complete [project](/usc/16/796.md?p=11), or for a complete [project](/usc/16/796.md?p=11) of not more than two thousand horsepower installed capacity, the [Commission](/usc/16/544.md?p=c) 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](/usc/16/796.md?p=2).
- (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](/usc/16/3102.md?p=17) (including related spawning grounds and habitat) affected by the development, operation, and management of the [project](/usc/16/796.md?p=11), each license issued under this subchapter shall include conditions for such protection, mitigation, and enhancement. Subject to [paragraph (2)](#j-2), such conditions shall be based on recommendations received pursuant to the [Fish and Wildlife](/usc/16/3102.md?p=17) Coordination Act ([16 U.S.C. 661](/usc/16/661.md) et seq.) from the National Marine Fisheries Service, the United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service, and [State](/usc/16/796.md?p=6) [fish and wildlife](/usc/16/3102.md?p=17) agencies.
  - (2) Whenever the [Commission](/usc/16/544.md?p=c) believes that any recommendation referred to in [paragraph (1)](#j-1) may be inconsistent with the purposes and requirements of this subchapter or other applicable law, the [Commission](/usc/16/544.md?p=c) and the agencies referred to in [paragraph (1)](#j-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](/usc/16/544.md?p=c) does not adopt in whole or in part a recommendation of any such agency, the [Commission](/usc/16/544.md?p=c) 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](/usc/16/544.md?p=c) comply with the requirements of [paragraph (1)](#j-1).

    [Subsection (i)](#i) shall not apply to the conditions required under this subsection.


## Footnotes

[^1]: So in original. Probably should be followed by “; and”.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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, 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.

### 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”.

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.

### Statutory Notes and Related Subsidiaries

### 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— the date by which the licensee or exemptee is required to commence construction; or the date of any extension of the deadline under paragraph (1).”