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To amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, and for other purposes.
Summary
- Hydropower licensees no longer need Federal Energy Regulatory Commission approval for nonsubstantial alterations, routine maintenance and repairs, or temporary operational adjustments to project works.
- FERC retains authority to require notice from licensees and to enforce dam safety standards and license terms.
- The bill authorizes FERC to issue 10-to-20-year licenses for micro hydrokinetic energy projects with capacity of 5 megawatts or less that use waves, tides, currents, or free-flowing water.
- Micro hydrokinetic projects use an expedited licensing process with deadlines of 2 years for notice of intent, 1 year for application, and 1 year for FERC decision.
- FERC must issue regulations within 180 days allowing categorical exclusions from environmental review under the National Environmental Policy Act for low-disturbance micro hydrokinetic activities.
- FERC must report to Congress within 5 years on the environmental, economic, and electricity reliability impacts of licensed micro hydrokinetic projects.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Murkowski, Lisa [R-AK] (R-AK)
2 cosponsors
- Sen. Daines, Steve [R-MT] (R-MT)
- Sen. King, Angus S., Jr. [I-ME] (I-ME)
Actions (4)
- Jun 10, 2026 Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably. · senate
- Mar 17, 2026 Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. · senate
- Dec 17, 2025 Read twice and referred to the Committee on Energy and Natural Resources. · senate
- Dec 17, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Committee action
What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.
Meetings where this bill was on the agenda
- Business meeting to consider S.140, to address the forest health crisis on the National Forest System and public lands, S.332, to require a study on Holocaust education efforts of States, local educational agencies, and public elementary and secondary schools, S.365 and H.R.1729, bills to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to allow for additional entities to be eligible to complete the maintenance work on Bolts Ditch and the Bolts Ditch Headgate within the Holy Cross Wilderness, Colorado, S.764, to provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, S.789, to require reports on critical mineral and rare earth element resources around the world and a strategy for the development of advanced mining, refining, separation, and processing technologies, S.791, to establish the Justice Thurgood Marshall National Historic Site in the State of Maryland as an affiliated area of the National Park System, S.888, to designate certain land administered by the Bureau of Land Management and the Forest Service in the State of Oregon as wilderness and national recreation areas, to withdraw certain land located in Curry County and Josephine County, Oregon, from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, and operation under the mineral leasing and geothermal leasing laws, S.945, to amend the Smith River National Recreation Area Act to include certain additions to the Smith River National Recreation Area, to amend the Wild and Scenic Rivers Act to designate certain wild rivers in the State of Oregon, S.1088 and H.R.2290, bills to provide that the memorial to commemorate the sacrifice and service of the women who worked on the home front to support the efforts of the United States military during World War II may be located on the National Mall, S.1288, to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to designate as a component of the National Heritage Area System the Finger Lakes National Heritage Area in the State of New York, S.1341, to amend the Colorado Wilderness Act of 1993 to add certain land to the Sarvis Creek Wilderness, S.1349, to withdraw the National Forest System land in the Ruby Mountains subdistrict of the Humboldt-Toiyabe National Forest and the National Wildlife Refuge System land in Ruby Lake National Wildlife Refuge, Elko and White Pine Counties, Nevada, from operation under the mineral leasing laws, S.1413, to authorize additional funding for the San Joaquin River Restoration Settlement Act, S.1476, to amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, S.1547, to amend title 54, United States Code, to reauthorize the National Parks and Public Land Legacy Restoration Fund, S.1737, to designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, S.1870, to adjust the boundary of the Santa Monica Mountains National Recreation Area to include the Rim of the Valley Corridor, S.2437 and H.R.3857, bills to amend the Snow Water Supply Forecasting Program Authorization Act, S.2753, to amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern, S.3500 and H.R.3657, bills to amend the Federal Power Act to require the Federal Energy Regulatory Commission to annually submit to Congress a report on the status of ongoing hydropower relicensing applications, S.3518, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, S.3526, to provide for the protection of and investment in certain Federal land in the State of California, S.3693, to extend the authorization for a large-scale water recycling and reuse grant program, S.3723, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System, S.3732, to amend the Water Infrastructure Improvements for the Nation Act to authorize assistance under the storage program, S.3736, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota, S.3743, to direct the Secretary of
- Hearings to examine S.1034, to establish the Southwestern Power Administration Fund, S.1242, to authorize the Secretary of the Interior to carry out watershed pilots, S.2437 and H.R.3857, bills to amend the Snow Water Supply Forecasting Program Authorization Act, S.2753, to amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern, S.3409, to reaffirm that the Bureau of Reclamation retains exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel, ensuring long-term conservation of the endangered pallid sturgeon and other native aquatic species in the Yellowstone River while protecting the Lower Yellowstone Irrigation Project and District from undue financial and operational burdens, S.3500, to amend the Federal Power Act to require the Federal Energy Regulatory Commission to annually submit to Congress a report on the status of ongoing hydropower relicensing applications, S.3518, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, S.3635, to reauthorize the Fort Peck Reservation Rural Water System Act of 2000, S.3684, to amend the Energy Independence and Security Act of 2007 to reauthorize water power research, development, demonstration, and commercial application activities, S.3693, to extend the authorization for a large-scale water recycling and reuse grant program, S.3723, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water from the Missouri River to the Western Dakota Regional Water System, S.3725, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to expand the capacity and reach of the Lewis and Clark Rural Water System, Inc. (doing business as "Lewis & Clark Regional Water System"), in the States of Iowa, Minnesota, and South Dakota, S.3732, to amend the Water Infrastructure Improvements for the Nation Act to authorize assistance under the storage program, S.3736, to require the Secretary of the Interior to conduct a study to determine the feasibility of constructing a project to supply municipal, rural, and industrial water to the Dakota Mainstem Regional Water System service area in the States of South Dakota, Iowa, Nebraska, and Minnesota, S.3737, to amend the Reclamation States Emergency Drought Relief Act of 1991 to provide financial and technical assistance to eligible entities for the conduct of innovative approaches to voluntary water partnership agreements among multiple water users and projects conducted by individual agricultural entities, S.3738, to amend the Infrastructure Investment and Jobs Act to reauthorize the large-scale water recycling and reuse program, to establish a Water Conveyance Improvement Program, S.3743, to direct the Secretary of the Interior to carry out a feasibility study on a selective water withdrawal system at Glen Canyon Dam, S.3792, to provide for the establishment of a Water Project Navigators Program, S.4040, to amend Public Law 89-108 to modify the authorization of appropriations for State and Tribal, municipal, rural, and industrial water supplies, and S.4041, to reauthorize the Cooperative Watershed Management Program.
Full text
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Ms. Murkowski (for herself and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Fair Licensing for Operations of Water Structures Act” or the “FLOWS Act”.
SEC. 2. 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: “Notwithstanding any other requirement of this part, the licensee shall not be required to obtain approval from the Commission for any nonsubstantial alteration or addition to project works under the plans approved by the Commission under section 9(a)(1).”.
(b) Maintenance and Repair of Project Works.—Section 10(c) of the Federal Power Act (16 U.S.C. 803(c)) is amended by adding at the end the following: “Notwithstanding any other requirement of this part, the licensee shall not be required to obtain approval from the Commission 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 or for any seasonal or temporary adjustments to project operations in response to circumstances beyond the reasonable control of the licensee.”.
(c) 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.
SEC. 3. MICRO HYDROKINETIC ENERGY PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following:
“SEC. 37. LICENSING OF MICRO HYDROKINETIC ENERGY PROJECTS.
“(a) Definition of Micro Hydrokinetic Energy Project.—In this section, the term ‘micro hydrokinetic energy project’—
“(1) means a project that—
“(A) has or will have an installed capacity of not more than 5 megawatts; and
“(B) converts to electric energy the hydrokinetic energy from a generator driven by a turbine from—
“(i) waves, tides, or currents in oceans, estuaries, or tidal areas; or
“(ii) free flowing water in rivers, lakes, streams, or man-made channels; and
“(2) does not include a project that impounds water to generate electricity.
“(b) Authorization.—The Commission may issue a license in accordance with this section for a term of not less than 10, and not more than 20, years for the construction, operation, and maintenance of project works for a micro hydrokinetic energy project.
“(c) Expedited Licensing Process.—
“(1) Notification of intent.—
“(A) Filing of notification.—An applicant for a license under this section shall commence the licensing process by filing a notification of intent with the Commission.
“(B) Existing license deadline.—Notwithstanding section 15(b)(1), an applicant for a license under this section shall file a notification of intent under subparagraph (A) not later than 2 years before the expiration of an existing license, if applicable.
“(2) Filing of application.—
“(A) In general.—Except as provided in subparagraph (B), an applicant for a license under this section shall submit to the Commission an application not later than 1 year after the date on which the applicant files a notification of intent under paragraph (1).
“(B) Existing license deadline.—Notwithstanding section 15(c)(1), an applicant for a license under this section shall file an application with the Commission not later than 1 year before the date of expiration of the term of an existing license, if applicable.
“(3) Deadline for issuance.—The Commission shall take final action on an application for a license under this section not later than 1 year after the date on which the application is filed under paragraph (2).
“(4) Schedule for final action.—To the extent reasonably practicable, the Commission and any applicable conditioning or permitting agencies shall establish, with respect to each micro hydrokinetic energy project that is the subject of a notification of intent to apply for a license under this section, a joint schedule that permits the timely completion of decisions required to be made with respect to, and the timely issuance of, authorizations required under Federal law by the Commission and the conditioning or permitting agencies, subject to the requirement that any joint schedule established under this paragraph shall comply with the deadline for final action established under paragraph (3).
“(d) Regulations.—
“(1) In general.—Not later than 180 days after the date of enactment of this section, the Commission shall promulgate regulations to implement this section in a manner that expedites the deployment of micro hydrokinetic energy projects while ensuring the safe operation of the micro hydrokinetic energy project in compliance with applicable Federal and State laws.
“(2) Inclusion.—The regulations promulgated under paragraph (1) shall provide for the use of 1 or more categorical exclusions, including allowing for extraordinary circumstances under which the categorical exclusion shall not be available, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for low disturbance activities necessary for micro hydrokinetic energy projects.
“(e) Report to Congress.—The Commission shall submit to Congress a report describing the impacts of the micro hydrokinetic energy projects licensed under this section on the environment, the economy, and the reliability and affordability of electricity not later than the earlier of—
“(1) the date that is 5 years after the date of enactment of this section; and
“(2) the date on which the first 50 micro hydrokinetic energy projects licensed under this section have been operational for not less than 1 year.
“(f) Savings Clause.—Nothing in this section affects any authority of the Commission, at the election of an applicant, to license the construction, operation, and maintenance of project works for a micro hydrokinetic energy project under any other provision of this part.”. <all>
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