---
kind: "section"
citation: "16 U.S.C. § 823g"
title: "16"
title_heading: "Conservation"
number: "823g"
heading: "Considerations for relicensing terms"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/823g"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter I — Regulation of the Development of Water Power and Resources"
---

# §823g. Considerations for relicensing terms

- (a) **In general—** In determining the term of a new license issued when an existing license under this subchapter expires, the [Commission](/usc/16/544.md?p=c) shall [take](/usc/16/3102.md?p=18) into consideration, among other things—
  - (1) [project](/usc/16/796.md?p=11)-related investments by the [licensee](/usc/16/796.md?p=5) under the new license; and
  - (2) [project](/usc/16/796.md?p=11)-related investments by the [licensee](/usc/16/796.md?p=5) over the term of the existing license.
- (b) **Equal weight—** The determination of the [Commission](/usc/16/544.md?p=c) under [subsection (a)](#a) shall give equal weight to—
  - (1) investments by the [licensee](/usc/16/796.md?p=5) 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](/usc/16/796.md?p=5) 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](/usc/16/544.md?p=c) 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](/usc/16/796.md?p=5), the [Commission](/usc/16/544.md?p=c) shall make a determination as to whether any planned, ongoing, or completed investment meets the criteria under [subsection (b)(2)](#b-2). Any determination under this subsection shall be issued within 60 days following receipt of the [licensee](/usc/16/796.md?p=5)’s request. When issuing its determination under this subsection, the [Commission](/usc/16/544.md?p=c) 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)](#a).

## Source credit

(June 10, 1920, ch. 285, pt. I, § 36, as added Pub. L. 115–270, title III, § 3005, Oct. 23, 2018, 132 Stat. 3867.)