16 U.S.C. § 823a : US Code - Section 823A: Conduit hydroelectric facilities

Search 16 U.S.C. § 823a : US Code - Section 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 -
(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.