16 U.S. Code § 823c - Alaska State jurisdiction over small hydroelectric projects

(a) Discontinuance of regulation by the Commission
Notwithstanding sections 797 (e) and 817 of this title, the Commission shall discontinue exercising licensing and regulatory authority under this subchapter over qualifying project works in the State of Alaska, effective on the date on which the Commission certifies that the State of Alaska has in place a regulatory program for water-power development that—
(1) protects the public interest, the purposes listed in paragraph (2), and the environment to the same extent provided by licensing and regulation by the Commission under this subchapter and other applicable Federal laws, including the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
(2) gives equal consideration to the purposes of—
(A) energy conservation;
(B) the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat);
(C) the protection of recreational opportunities;
(D) the preservation of other aspects of environmental quality;
(E) the interests of Alaska Natives; and
(F) other beneficial public uses, including irrigation, flood control, water supply, and navigation; and
(3) requires, as a condition of a license for any project works—
(A) the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate;
(B) the operation of any navigation facilities which may be constructed as part of any project to be controlled at all times by such reasonable rules and regulations as may be made by the Secretary of the Army; and
(C) except as provided in subsection (j) of this section, conditions for the protection, mitigation, and enhancement of fish and wildlife based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies.
(b) Definition of “qualifying project works”
For purposes of this section, the term “qualifying project works” means project works—
(1) that are not part of a project licensed under this part or exempted from licensing under this subchapter or section 2705 of this title prior to November 9, 2000;
(2) for which a preliminary permit, a license application, or an application for an exemption from licensing has not been accepted for filing by the Commission prior to November 9, 2000 (unless such application is withdrawn at the election of the applicant);
(3) that are part of a project that has a power production capacity of 5,000 kilowatts or less;
(4) that are located entirely within the boundaries of the State of Alaska; and
(5) that are not located in whole or in part on any Indian reservation, a conservation system unit (as defined in section 3102 (4) of this title), or segment of a river designated for study for addition to the Wild and Scenic Rivers System.
(c) Election of State licensing
In the case of nonqualifying project works that would be a qualifying project works but for the fact that the project has been licensed (or exempted from licensing) by the Commission prior to November 9, 2000, the licensee of such project may in its discretion elect to make the project subject to licensing and regulation by the State of Alaska under this section.
(d) Project works on Federal lands
With respect to projects located in whole or in part on a reservation, a conservation system unit, or the public lands, a State license or exemption from licensing shall be subject to—
(1) the approval of the Secretary having jurisdiction over such lands; and
(2) such conditions as the Secretary may prescribe.
(e) Consultation with affected agencies
The Commission shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce before certifying the State of Alaska’s regulatory program.
(f) Application of Federal laws
Nothing in this section shall preempt the application of Federal environmental, natural resources, or cultural resources protection laws according to their terms.
(g) Oversight by the Commission
The State of Alaska shall notify the Commission not later than 30 days after making any significant modification to its regulatory program. The Commission shall periodically review the State’s program to ensure compliance with the provisions of this section.
(h) Resumption of Commission authority
Notwithstanding subsection (a) of this section, the Commission shall reassert its licensing and regulatory authority under this subchapter if the Commission finds that the State of Alaska has not complied with one or more of the requirements of this section.
(i) Determination by the Commission
(1) Upon application by the Governor of the State of Alaska, the Commission shall within 30 days commence a review of the State of Alaska’s regulatory program for water-power development to determine whether it complies with the requirements of subsection (a) of this section.
(2) The Commission’s review required by paragraph (1) shall be completed within 1 year of initiation, and the Commission shall within 30 days thereafter issue a final order determining whether or not the State of Alaska’s regulatory program for water-power development complies with the requirements of subsection (a) of this section.
(3) If the Commission fails to issue a final order in accordance with paragraph (2) the State of Alaska’s regulatory program for water-power development shall be deemed to be in compliance with subsection (a) of this section.
(j) Fish and wildlife
If the State of Alaska determines that a recommendation under subsection (a)(3)(C) of this section is inconsistent with paragraphs (1) and (2) of subsection (a) of this section, the State of Alaska may decline to adopt all or part of the recommendations in accordance with the procedures established under section 803 (j)(2) of this title.

Source

(June 10, 1920, ch. 285, pt. I, § 32, as added Pub. L. 106–469, title V, § 501,Nov. 9, 2000, 114 Stat. 2037; amended Pub. L. 109–58, title II, § 244,Aug. 8, 2005, 119 Stat. 678.)
References in Text

The Endangered Species Act, referred to in subsec. (a)(1), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
The Fish and Wildlife Coordination Act, referred to in subsec. (a)(1), (3)(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.
Amendments

2005—Subsec. (a)(3)(C). Pub. L. 109–58, § 244(1), inserted “except as provided in subsection (j) of this section,” before “conditions”.
Subsec. (j). Pub. L. 109–58, § 244(2), added subsec. (j).
Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

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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