16 U.S.C. § 2705 | Simplified and expeditious licensing procedures

(a)

Establishment of program

16 U.S.C. 791aThe 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 [ et seq.] for small hydroelectric power projects in connection with existing dams.

(b)

Prerequisites

16 U.S.C. 791aBefore issuing any license under the Federal Power Act [ 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.

42 U.S.C. 4321 16 U.S.C. 661 16 U.S.C. 1531Nothing in this subsection exempts any such project from any requirement applicable to any such project under the National Environmental Policy Act of 1969 [ et seq.], the Fish and Wildlife Coordination Act [ et seq.], the Endangered Species Act [ 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

16 U.S.C. 791a 16 U.S.C. 823a 16 U.S.C. 823a(b)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 [ et seq.] to small hydroelectric power projects having a proposed installed capacity of 10,000 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 [ (c) and (d)] with respect to determinations made and exemptions granted under subsection (b) of such section 30 []; 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, § 405Nov. 9, 197892 Stat. 3156 Pub. L. 96–294, title IV, § 408(b)June 30, 198094 Stat. 718 Pub. L. 113–23Aug. 9, 2013127 Stat. 493(, , ; , , ; , §§ 3, 4(b), , , 495.)

Editorial Notes

References in Text

section 2602(3) of this titleThe Commission, referred to in text, means the Federal Energy Regulatory Commission, see .

act June 10, 1920, ch. 285 41 Stat. 1063 section 791a of this titleThe Federal Power Act, referred to in subsecs. (a), (b), and (d), is , , which is classified generally to chapter 12 (§ 791a et seq.) of this title. Part I of the Federal Power Act is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (b), is , , , which is classified generally to chapter 55 (§ 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 and Tables.

act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661(a) of this title section 661 of this titleThe Fish and Wildlife Coordination Act, referred to in subsec. (b), is , , which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see , Short Title note set out under , and Tables.

Pub. L. 93–205Dec. 28, 197387 Stat. 884 section 1531 of this titleThe Endangered Species Act, referred to in subsec. (b), probably means the Endangered Species Act of 1973, , , , 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 and Tables.

Amendments

Pub. L. 113–232013—Subsec. (d). substituted “10,000 kilowatts” for “5,000 kilowatts” and “subsection (b) of such section 30” for “subsection (a) of such section 30”.

Pub. L. 96–2941980—Subsec. (d). added subsec. (d).