§ 806. Time limit for construction of project works; extension of time; termination or revocation of licenses for delay

Proceedings in equity, referred to in text, were abolished by the adoption of rule 2 of the Federal Rules of Civil Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure, which provided that “there shall be one form of action to be known as ‘civil action’ ”.

2018—Pub. L. 115–270 substituted “for not more than 8 additional years,” for “once but not longer than two additional years” in second sentence.

Pub. L. 119–90, May 11, 2026, 140 Stat. 820, provided that:

“SECTION 1. EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF CERTAIN HYDROPOWER PROJECTS.

“(a)“(a)

Definition of Covered Project.—

In this section, the term ‘covered project’ means a hydropower project with respect to which the Federal Energy Regulatory Commission issued a license before March 13, 2020.

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“(b)“(b)

Authorization of Extension.—

Notwithstanding section 13 of the Federal Power Act (16 U.S.C. 806), on the request of a licensee of a covered project, the Federal Energy Regulatory Commission may, after reasonable notice and for good cause shown, extend in accordance with subsection (c) the period during which the licensee is required to commence construction of the covered project for not more than an additional 6 years beyond the 8 years authorized by that section.

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“(c)“(c)

Period of Extension.—

An extension of time to commence construction of a covered project under subsection (b) shall—

“(1)“(1)

consist of not more than 3 consecutive 2-year periods;

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“(2)“(2)

begin on the date on which the final extension of the period for commencement of construction granted to the licensee under section 13 of the Federal Power Act (16 U.S.C. 806) expires; and

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“(3)“(3)

end on the date that is not more than 6 years after the latest date to which the Federal Energy Regulatory Commission is authorized to extend the period for commencement of construction under that section.

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“(d)“(d)

Reinstatement of Expired License.—

If the time period required under section 13 of the Federal Power Act (16 U.S.C. 806) to commence construction of a covered project expires after December 31, 2023, and before the date of enactment of this Act [May 11, 2026]—

“(1)“(1)

the Federal Energy Regulatory Commission may reinstate the license for the applicable project effective as of the date of expiration of the license; and

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“(2)“(2)

the extension authorized under subsection (b) shall take effect on the date of that expiration.”

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