16 U.S.C. § 823g — Considerations for relicensing terms
submitted 106 years ago by Pub. L. 115-270 to r/title-16-CONSERVATION · 288 words · no verdicts yet
When setting the term of a new license after an existing license expires, the Commission must consider investments under both licenses. It must give equal weight to qualifying new-license and existing-license investments.
(a) When setting the term of a new license after an existing license expires, the Commission must consider, among other things, the licensee’s project investments under the new license and during the existing license. (b) It must give equal weight to: (1) investments to carry out the new license, including redevelopment, construction, capacity, efficiency, modernization, major-equipment rehabilitation or replacement, safety, and environmental, recreation, or other protection, mitigation, or enhancement measures; and (2) investments during the existing license, including annual licenses, that produced those kinds of improvements and were not expressly considered by the Commission as contributing to the existing term. (c) At the licensee’s request, the Commission must decide within 60 days whether a planned, ongoing, or completed investment meets subsection (b)(2). It may not decide how many years the investment might add; that assessment happens only under subsection (a).
In determining the term of a new license issued when an existing license under this subchapter expires, the Commission shall take into consideration, among other things—
project-related investments by the licensee under the new license; and
project-related investments by the licensee over the term of the existing license.
The determination of the Commission under subsection (a) shall give equal weight to—
investments by the licensee 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
investments by the licensee over the term of the existing license (including any terms under annual licenses) that—
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
were not expressly considered by the Commission as contributing to the length of the existing license term in any order establishing or extending the existing license term.
At the request of the licensee, the Commission shall make a determination as to whether any planned, ongoing, or completed investment meets the criteria under subsection (b)(2). Any determination under this subsection shall be issued within 60 days following receipt of the licensee’s request. When issuing its determination under this subsection, the Commission 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).
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.)
- 1920Enacted · Pub. L. 115-270 · 132 Stat. 3867
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-270 on 1920-06-10.
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