U.S. Code » Title 16 » Chapter CHAPTER 12— FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER I— REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES

16 U.S.C. § 799

License; duration, conditions, revocation, alteration, or surrender

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Licenses under this subchapter shall be issued for a period not exceeding fifty years. Each such license shall be conditioned upon acceptance by the licensee of all of the terms and conditions of this chapter and such further conditions, if any, as the Commission shall prescribe in conformity with this chapter, which said terms and conditions and the acceptance thereof shall be expressed in said license. Licenses may be revoked only for the reasons and in the manner prescribed under the provisions of this chapter, and may be altered or surrendered only upon mutual agreement between the licensee and the Commission after thirty days’ public notice.

Notes of Decisions
Cited in 69 cases (11 in the last 5 years), 1930–2025 · leading case: California Trout v. Fed. Energy Regulatory Comm'n, 572 F.3d 1003 (9th Cir. 2009).
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California Trout v. Fed. Energy Regulatory Comm'n, 572 F.3d 1003 (9th Cir. 2009). · cites it 4× “Although these licenses are normally binding for several decades, see 16 U.S.C. § 799 (setting fifty years as the maximum life of a license), they can be amended, as here, upon application by the licensee and public notice.”
City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320 (1958). · cites it 4× “1067 , 16 U. S. C. § 799 . The license, among other things, incorporated the City's maps, plans, specifications, and estimates of cost for the construction of the project (see § 9 (a), 41 Stat.”
S. D. Warren Co. v. Maine Bd. of Env't Prot., 547 U.S. 370 (2006). “FERC grants these licenses for periods up to 50 years, 16 U. S. C. § 799 , *374 after a review that looks to environmental issues as well as the rising demand for power, § 797(e).”
Albany Eng'g Corp. v. Fed. Energy Regulatory Comm'n, 548 F.3d 1071 (D.C. Cir. 2008). · cites it 2× “16 U.S.C. § 799 . Equally misplaced is Albany's reliance on California ex rel.”
Marseilles Hydro Power, LLC v. Marseilles Land & Water Co., 299 F.3d 643 (7th Cir. 2002). “See 16 U.S.C. §§ 799 , 803(a)(1), (c), (g); 18 C.”
Cities of Anaheim & Riverside, California v. Fed. Energy Regulatory Comm'n, S. California Edison Co., Intervenor, 692 F.2d 773 (D.C. Cir. 1982). · cites it 3× “) Section 6, 16 U.S.C. § 799 , reads in part: Licenses under this Part shall be issued for a period not exceeding fifty years.”
City of Tacoma v. Fed. Energy Regulatory Comm'n, 460 F.3d 53 (D.C. Cir. 2006). “FERC could, of course, address these issues at the time of licensing by imposing appropriate license conditions, 16 U.S.C. § 799 , but it is not clear whether, in the absence of express license conditions, FERC has the authority to impose obligations and costs on a former…”
Fall River Rural Elec. Coop., Inc. v. Fed. Energy Regulatory Comm'n, 543 F.3d 519 (9th Cir. 2008). · cites it 3× “In July 2004, FERC informed Fall River by letter that its license application potentially conflicted with Section 6 of the Federal Power Act (FPA), 16 U.S.C. § 799 . 2 Specifically, FERC stated that it “cannot, without [PPL’s] concurrence, approve a development proposal that…”
Shafer & Freeman Lakes Env't Conservation Corp. v. FERC, 992 F.3d 1071 (D.C. Cir. 2021). “To that end, the Commission consults with that Act’s statutorily designated wildlife agencies when deciding whether to issue or amend licenses for hydroelectric facilities.”
State of California, Ex Rel. State Water Resources Bd. v. Fed. Energy Regulatory Comm'n, Rock Creek Ltd. P'ship, Intervenor, 877 F.2d 743 (9th Cir. 1989). · cites it 2× “§ 806 (1982)); grant licenses for a limited term of fifty years (§ 6, 16 U.S.C. § 799 (1982)), after which the Commission may take over the project on behalf of the United States on payment of just compensation (§ 14(a), 16 U.”
Clifton Power Corp. v. Fed. Energy Regulatory Comm'n, 88 F.3d 1258 (D.C. Cir. 1996). · cites it 2× “16 U.S.C. § 799 (1994). The Commission concedes that Clifton’s license does not contain an explicit requirement that Clifton operate in a run-of-river mode.”
California State Water Resourc v. Ferc, 43 F.4th 920 (9th Cir. 2022). “1 16 U.S.C. § 799 ; Policy Statement on Establishing License Terms for Hydroelectric Projects, 82 Fed.”
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