16 U.S. Code § 823a - Conduit hydroelectric facilities

(a) Qualifying conduit hydropower facilities
(1) A qualifying conduit hydropower facility shall not be required to be licensed under this subchapter.
(2)
(A) Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria.
(B) Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall—
(i) make an initial determination as to whether the facility meets the qualifying criteria; and
(ii) if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A).
(C) If, not later than 45 days after the date of publication of the public notice described in subparagraph (B)(ii)—
(i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or
(ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria.
(3) For purposes of this section:
(A) The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
(B) The term “qualifying conduit hydropower facility” means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria.
(C) The term “qualifying criteria” means, with respect to a facility—
(i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit;
(ii) the facility has an installed capacity that does not exceed 5 megawatts; and
(iii) on or before August 9, 2013, the facility is not licensed under, or exempted from the license requirements contained in, this subchapter.
(b) Exemption qualifications
Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this subchapter, including any license requirements contained in this subchapter, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order—
(1) utilizes for such generation only the hydroelectric potential of a conduit; and
(2) has an installed capacity that does not exceed 40 megawatts.
(c) Consultation with Federal and State agencies
In making the determination under subsection (b) of this section the Commission shall consult with the United States Fish and Wildlife Service  [1] National Marine Fisheries Service  [1] and the State agency exercising administration over the fish and wildlife resources of the State in which the facility is or will be located, in the manner provided by the Fish and Wildlife Coordination Act (16 U.S.C. 661, et seq.), and shall include in any such exemption—
(1) such terms and conditions as the Fish and Wildlife Service  [1] National Marine Fisheries Service  [1] and the State agency each determine are appropriate to prevent loss of, or damage to, such resources and to otherwise carry out the purposes of such Act, and
(2) such terms and conditions as the Commission deems appropriate to insure that such facility continues to comply with the provisions of this section and terms and conditions included in any such exemption.
(d) Violation of terms of exemption
Any violation of a term or condition of any exemption granted under subsection (b) of this section shall be treated as a violation of a rule or order of the Commission under this chapter.
(e) Fees for studies
The Commission, in addition to the requirements of section 803 (e) of this title, shall establish fees which shall be paid by an applicant for a license or exemption for a project that is required to meet terms and conditions set by fish and wildlife agencies under subsection (c) of this section. Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in subsection (c) of this section for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended.


[1]  So in original. Probably should be followed by a comma.

Source

(June 10, 1920, ch. 285, pt. I, § 30, as added Pub. L. 95–617, title II, § 213,Nov. 9, 1978, 92 Stat. 3148; amended Pub. L. 99–495, § 7,Oct. 16, 1986, 100 Stat. 1248; Pub. L. 113–23, § 4(a),Aug. 9, 2013, 127 Stat. 494.)
References in Text

The Fish and Wildlife Coordination Act, referred to in subsec. (c), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is classified generally to sections 661 to 666c of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.
Prior Provisions

A prior section 30 of act June 10, 1920, was classified to section 791 of this title, prior to repeal by act Aug. 26, 1935, ch. 687, title II, § 212,49 Stat. 847.
Amendments

2013—Subsecs. (a), (b). Pub. L. 113–23, § 4(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which authorized the Commission to grant exemptions from the requirements of this subchapter for certain hydroelectric facilities and prohibited the granting of exemptions to facilities with certain capacities.
Subsec. (c). Pub. L. 113–23, § 4(a)(2), substituted “subsection (b)” for “subsection (a)” in introductory provisions.
Subsec. (d). Pub. L. 113–23, § 4(a)(3), substituted “subsection (b)” for “subsection (a)”.
1986—Subsec. (b). Pub. L. 99–495, § 7(a), inserted provision setting the maximum installation capacity for exemptions under subsec. (a) at 40 megawatts in the case of a facility constructed, operated, and maintained by an agency or instrumentality of a State or local government solely for water supply for municipal purposes.
Subsec. (c). Pub. L. 99–495, § 7(b), which directed the insertion of “National Marine Fisheries Service” after “the Fish and Wildlife Service” in both places such term appears, was executed by inserting “National Marine Fisheries Service” after “the United States Fish and Wildlife Service” and “the Fish and Wildlife Service”, as the probable intent of Congress.
Subsec. (e). Pub. L. 99–495, § 7(c), added subsec. (e).
Effective Date of 1986 Amendment

Amendment by Pub. L. 99–495effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 ofPub. L. 99–495, set out as a note under section 797 of this title.
Application of Subsection (c)

Pub. L. 99–495, § 8(c),Oct. 16, 1986, 100 Stat. 1251, provided that: “Nothing in this Act [see Short Title of 1986 Amendment note set out under section 791a of this title] shall affect the application of section 30(c) of the Federal Power Act [16 U.S.C. 823a (c)] to any exemption issued after the enactment of this Act [Oct. 16, 1986].”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


10 CFR - Energy

10 CFR Part 205 - ADMINISTRATIVE PROCEDURES AND SANCTIONS

18 CFR - Conservation of Power and Water Resources

18 CFR Part 1b - RULES RELATING TO INVESTIGATIONS

18 CFR Part 1c - PROHIBITION OF ENERGY MARKET MANIPULATION

18 CFR Part 2 - GENERAL POLICY AND INTERPRETATIONS

18 CFR Part 3 - [Reserved]

18 CFR Part 5 - INTEGRATED LICENSE APPLICATION PROCESS

18 CFR Part 8 - RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED PROJECTS

18 CFR Part 11 - ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT

18 CFR Part 12 - SAFETY OF WATER POWER PROJECTS AND PROJECT WORKS

18 CFR Part 16 - PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF LICENSED PROJECTS

18 CFR Part 24 - DECLARATION OF INTENTION

18 CFR Part 32 - INTERCONNECTION OF FACILITIES

18 CFR Part 33 - APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203

18 CFR Part 34 - APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR THE ASSUMPTION OF LIABILITIES

18 CFR Part 35 - FILING OF RATE SCHEDULES AND TARIFFS

18 CFR Part 36 - RULES CONCERNING APPLICATIONS FOR TRANSMISSION SERVICES UNDER SECTION 211 OF THE FEDERAL POWER ACT

18 CFR Part 37 - OPEN ACCESS SAME-TIME INFORMATION SYSTEMS

18 CFR Part 41 - ACCOUNTS, RECORDS, MEMORANDA AND DISPOSITION OF CONTESTED AUDIT FINDINGS AND PROPOSED REMEDIES

18 CFR Part 42 - LONG-TERM FIRM TRANSMISSION RIGHTS IN ORGANIZED ELECTRICITY MARKETS

18 CFR Part 45 - APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS

18 CFR Part 46 - PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS FOR PERSONS HOLDING INTERLOCKING POSITIONS

18 CFR Part 101 - UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR PUBLIC UTILITIES AND LICENSEES SUBJECT TO THE PROVISIONS OF THE FEDERAL POWER ACT

18 CFR Part 131 - FORMS

18 CFR Part 141 - STATEMENTS AND REPORTS (SCHEDULES)

18 CFR Part 154 - RATE SCHEDULES AND TARIFFS

18 CFR Part 225 - PRESERVATION OF RECORDS OF NATURAL GAS COMPANIES

18 CFR Part 260 - STATEMENTS AND REPORTS (SCHEDULES)

18 CFR Part 290 - COLLECTION OF COST OF SERVICE INFORMATION UNDER SECTION 133 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978

18 CFR Part 292 - REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION

18 CFR Part 294 - PROCEDURES FOR SHORTAGES OF ELECTRIC ENERGY AND CAPACITY UNDER SECTION 206 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978

18 CFR Part 358 - STANDARDS OF CONDUCT

18 CFR Part 375 - THE COMMISSION

18 CFR Part 381 - FEES

18 CFR Part 382 - ANNUAL CHARGES

18 CFR Part 385 - RULES OF PRACTICE AND PROCEDURE

18 CFR Part 390 - ELECTRONIC REGISTRATION

 

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