Hydropower maintenance and temporary adjustments

(a) Alterations in project works Section 10(b) of the Federal Power Act (16 U.S.C. 803(b)) is amended by adding at the end the following: Except as previously provided in this subsection, the Commission shall require prior approval of a substantial alteration or addition to project works or to project operations consisting of any significant modification of the project works or operation of the project that is not in conformity with the project plans previously approved by the Commission. The Commission shall not require approval of any alteration or addition other than a substantial alteration or addition as determined pursuant to regulations promulgated under section 2(c) of the Fair Licensing for Operations of Water Structures Act or any temporary variance to the project operations necessitated by circumstances beyond the reasonable control of the licensee, including extreme weather, natural disasters, equipment failures, or other unforeseen circumstances.. (b) Maintenance and repair of project works Section 10(c) of the Federal Power Act (16 U.S.C. 803(c)) is amended by inserting after the first sentence the following: The Commission shall not require approval or an amendment to a project license for any routine maintenance, repair, or replacement of any portion of a project works necessary to maintain the project works in accordance with this subsection.. (c) Guidance and process (1) Guidance Not later than 90 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall issue a notice of proposed rulemaking proposing a process or considerations for determining a substantial alteration or addition, nonsubstantial alteration or addition, and routine maintenance, repair, or replacement to a hydropower project works based on the results of the Notice of Inquiry of the Federal Energy Regulatory Commission entitled Authorizations for Certain Post-Licensing Activities at Hydroelectric Projects (90 Fed. Reg. 53310; Docket No. RM26–3–000) issued on November 20, 2025, initially scheduled to close on January 26, 2026, but extended and officially closed on February 10, 2026. (2) Process Not later than 180 days after the date of issuance of the notice of proposed rulemaking under paragraph (1), and after public notice and opportunity for comment, the Federal Energy Regulatory Commission shall promulgate a final rule establishing— (A) standards for determining a substantial alteration or addition, nonsubstantial alteration or addition, and routine maintenance, repair, or replacement to a hydropower project works; and (B) a formal process, as appropriate, for determining whether a proposed alteration or addition constitutes a substantial alteration or addition under the final rule that requires approval of the Federal Energy Regulatory Commission under section 10(b) of the Federal Power Act (16 U.S.C. 803(b)). (3) Effect The rule promulgated under paragraph (2) shall establish a process or considerations for determining which licensee-requested project alterations require the approval of the Federal Energy Regulatory Commission. (d) Savings clause Nothing in this section or an amendment made by this section— (1) affects any authority of the Federal Energy Regulatory Commission— (A) to require notice from a licensee under subsection (a) or (b) of section 10 of the Federal Power Act (16 U.S.C. 803); or (B) to enforce requirements of that section or the terms of a license issued under part I of the Federal Power Act (16 U.S.C. 792 et seq.) with respect to the safety of any dam and appurtenant works and structures; or (2) (A) precludes any prompt, informal consultation between the licensee and the Federal Energy Regulatory Commission, at the request of the licensee or the Federal Energy Regulatory Commission, with respect to the safety of any dam and appurtenant works and structures in advance of work to be undertaken under section 10 of the Federal Power Act (16 U.S.C. 803); or (B) affects any authority of the Federal Energy Regulatory Commission to require changes in advance of the work described in subparagraph (A) to protect the safety of any dam and appurtenant works and structures.