S. 5048: Hydropower Licensing Affordability Act

This bill would change two parts of the federal hydropower licensing rules under the Federal Power Act.

What the bill does

• Limits some federal license conditions for projects on federal reservations. When the federal government licenses a hydropower project that affects a federal reservation, the bill would require any added conditions to be aimed at reasonably reducing the project’s direct harmful effects on that reservation. In other words, it narrows the scope of what federal agencies can require in those license terms.
• Limits fish passage requirements to direct impacts. For fishway requirements under Section 18 of the Federal Power Act, the bill would say those requirements should be used to reasonably mitigate the project’s direct harmful effect on fish populations in the affected river system. This would tie fish passage obligations more closely to direct project impacts.

Practical effect

In plain terms, the bill would make it harder for federal agencies to impose hydropower license conditions that go beyond addressing the project’s direct effects. Supporters might view this as making licensing more predictable and less costly for hydropower developers. It could also affect how much protection or mitigation is required for nearby land, water, and fish resources when a project is licensed or renewed.

Relevant Companies

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