H.R. 9337: Hydropower Licensing Affordability Act

This bill would change how the federal government licenses hydropower projects under the Federal Power Act.

What it would do

It would narrow the scope of certain conditions that federal agencies can place on hydropower licenses for projects located on federal reservations, such as national forests or other reserved federal lands.
Under current law, agencies can require license conditions they “deem necessary.” This bill would specify that those conditions should be limited to steps that reasonably mitigate the direct adverse effect of the hydropower project on the reservation.
It would also narrow the scope of fish passage requirements, known as fishways, that can be required for hydropower projects.
For fishways, the bill would specify that any requirement should be aimed at reasonably mitigating the direct adverse effect of the project on fish populations in the affected river system.

Plain-language effect

In practical terms, the bill would direct federal agencies to focus license conditions more tightly on direct harms caused by a hydropower project, rather than allowing broader or more expansive requirements. The bill does not remove the licensing process itself, but it would change the standard agencies use when setting certain conditions related to land and fish impacts.