§ 823a. — Conduit hydroelectric facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC823a]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 823a. Conduit hydroelectric facilities
(a) Exemption qualifications
Except as provided in subsection (b) or (c) of this section, 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) is located on non-Federal lands, and
(2) utilizes for such generation only the hydroelectric
potential of a manmade conduit, which is operated for the
distribution of water for agricultural, municipal, or industrial
consumption and not primarily for the generation of electricity.
(b) Maximum installation capacity for exemption
The Commission may not grant any exemption under subsection (a) of
this section to any facility the installed capacity of which exceeds 15
megawatts (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).
(c) Consultation with Federal and State agencies
In making the determination under subsection (a) 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--
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\1\ So in original. Probably should be followed by a comma.
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(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 (a) 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.
(June 10, 1920, ch. 285, pt. I, Sec. 30, as added Pub. L. 95-617, title
II, Sec. 213, Nov. 9, 1978, 92 Stat. 3148; amended Pub. L. 99-495,
Sec. 7, Oct. 16, 1986, 100 Stat. 1248.)
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, Sec. 212, 49 Stat. 847.
Amendments
1986--Subsec. (b). Pub. L. 99-495, Sec. 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, Sec. 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, Sec. 7(c), added subsec. (e).
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-495 effective with respect to each license,
permit, or exemption issued under this chapter after Oct. 16, 1986, see
section 18 of Pub. L. 99-495, set out as a note under section 797 of
this title.
Transfer of Functions
The Federal Power Commission was terminated and its functions,
personnel, property, funds, etc., were transferred to the Secretary of
Energy (except for certain functions which were transferred to the
Federal Energy Regulatory Commission) by sections 7151(b), 7171(a),
7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.
Application of Subsection (c)
Section 8(c) of Pub. L. 99-495 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].''
Section Referred to in Other Sections
This section is referred to in sections 824a-3, 2705 of this title;
title 42 section 7178.
