§ 2705. — Simplified and expeditious licensing procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2705]
TITLE 16--CONSERVATION
CHAPTER 47--SMALL HYDROELECTRIC POWER PROJECTS
Sec. 2705. Simplified and expeditious licensing procedures
(a) Establishment of program
The Commission shall establish, in such manner as the Commission
deems appropriate, consistent with the applicable provisions of law, a
program to use simple and expeditious licensing procedures under the
Federal Power Act [16 U.S.C. 791a et seq.] for small hydroelectric power
projects in connection with existing dams.
(b) Prerequisites
Before issuing any license under the Federal Power Act [16 U.S.C.
791a et seq.] for the construction or operation of any small
hydroelectric power project the Commission--
(1) shall assess the safety of existing structures in any
proposed project (including possible consequences associated with
failure of such structures), and
(2) shall provide an opportunity for consultation with the
Council on Environmental Quality and the Environmental Protection
Agency with respect to the environmental effects of such project.
Nothing in this subsection exempts any such project from any requirement
applicable to any such project under the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.], the Fish and Wildlife Coordination
Act [16 U.S.C. 661 et seq.], the Endangered Species Act [16 U.S.C. 1531
et seq.], or any other provision of Federal law.
(c) Fish and wildlife facilities
The Commission shall encourage applicants for licenses for small
hydroelectric power projects to make use of public funds and other
assistance for the design and construction of fish and wildlife
facilities which may be required in connection with any development of
such project.
(d) Exemptions from licensing requirements in certain cases
The Commission may in its discretion (by rule or order) grant an
exemption in whole or in part from the requirements (including the
licensing requirements) of part I of the Federal Power Act [16 U.S.C.
791a et seq.] to small hydroelectric power projects having a proposed
installed capacity of 5,000 kilowatts or less, on a case-by-case basis
or on the basis of classes or categories of projects, subject to the
same limitations (to ensure protection for fish and wildlife as well as
other environmental concerns) as those which are set forth in
subsections (c) and (d) of section 30 of the Federal Power Act [16
U.S.C. 823a (c) and (d)] with respect to determinations made and
exemptions granted under subsection (a) of such section 30 [16 U.S.C.
823a(a)]; and subsections (c) and (d) of such section 30 shall apply
with respect to actions taken and exemptions granted under this
subsection. Except as specifically provided in this subsection, the
granting of an exemption to a project under this subsection shall in no
case have the effect of waiving or limiting the application (to such
project) of the second sentence of subsection (b) of this section.
(Pub. L. 95-617, title IV, Sec. 405, Nov. 9, 1978, 92 Stat. 3156; Pub.
L. 96-294, title IV, Sec. 408(b), June 30, 1980, 94 Stat. 718.)
References in Text
The Commission, referred to in text, means the Federal Energy
Regulatory Commission, see section 2602(3) of this title.
The Federal Power Act, referred to in subsecs. (a), (b), and (d), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is
classified generally to chapter 12 (Sec. 791a et seq.) of this title.
Part I of the Federal Power Act is classified generally to subchapter I
(Sec. 791a et seq.) of chapter 12 of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Fish and Wildlife Coordination Act, referred to in subsec. (b),
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.
The Endangered Species Act, referred to in subsec. (b), 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
(Sec. 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.
Amendments
1980--Subsec. (d). Pub. L. 96-294 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in section 823c of this title.
