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16 U.S.C. § 2705 — Simplified and expeditious licensing procedures
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.], the Fish and Wildlife Coordination Act [[16 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim) et seq.], the Endangered Species Act [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.], or any other provision of Federal law.
**(c) Fish and wildlife facilities** Th
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Source location: Title 16, Chapter 47, § 2705; chapter-047-small-hydroelectric-power-projects.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.], the Fish and Wildlife Coordination Act [[16 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim) et seq.], the Endangered Species Act [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) 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 [[16 U.S.C. 823a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section823a&num=0&edition=prelim) (c) and (d)] with respect to determinations made and exemptions granted under subsection (b) of such section 30 [[16 U.S.C. 823a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section823a/b&num=0&edition=prelim)]; 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.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Federal Power Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Qualifying conduit hydropower facilities**
(1) A qualifying conduit hydropower facility shall not be required to be licensed under this subchapter.
(2)
(A) Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria.
(B) Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall—
(i) make an initial determination as to whether the facility meets the qualifying criteria; and
(ii) if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A).
(C) If, not later than 30 days after the date of publication of the public notice described in subparagraph (B)(ii)—
(i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or
(ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria.
(3) For purposes of this section:
(A) The term “conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
(B) The term “qualifying conduit hydropower facility” means a facility (not including any dam or other impoundment) that is determined or deemed under paragra
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This Act may be cited as the “Fish and Wildlife Coordination Act”.
**(b) Authorization** For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of this Act; (2) to make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or controlled by any agency of the United States; and (3) to accept donations of land and contributions of funds in furtherance of the purposes of this Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) and the Fish and Wildlife Coordination Act ([16 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim) 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 In
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 823c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
Page 2215
TITLE 16—CONSERVATION
§ 2705
1 So in original. Probably should be ‘‘for a period’’.
The Secretary may make a commitment to
make a loan under this subsection to an appli-
cant who has not met the requirements of para-
graph (2), pending compliance by such applicant
with such requirements. Such commitment shall
be for period 1 of not to exceed 3 years unless the
Secretary, in consultation with the Commission,
extends such period for good cause shown. Not-
withstanding any such commitment, no such
loan shall be made before such person has com-
plied with such requirements.
(b) Preference
The Secretary shall give preference to appli-
cants under this section who do not have avail-
able alternative financing which the Secretary
deems appropriate to carry out the project and
whose projects will provide useful information
as to the technical and economic feasibility of—
(1) the generation of electric energy by such
projects, and
(2) the use of energy produced by such
projects.
(c) Information
Every applicant for a license for a small hy-
droelectric power project receiving loans pursu-
ant to this section shall furnish the Secretary
with such information as the Secretary may re-
quire regarding equipment and services proposed
to be used in the design, construction, and oper-
ation of such project. The Secretary shall have
the right to forbid the use in such project of any
equipment or services he finds inappropriate for
such project by reason of cost, performance, or
failure to carry out the purposes of this section.
The Secretary shall make information which he
obtains under this subsection available to the
public, other than information described as enti-
tled to confidentiality under section 796(d) of
title 15.
(d) Joint participation
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 2705
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Federal law — U.S. Code and appendices · legal_authorities
Page 1152
TITLE 16—CONSERVATION
§ 661
Sec.
666e.
Administration of acquired lands.
666f.
Wildlife conservation and agricultural, indus-
trial, recreational, and related uses for cer-
tain Federal lands; transfer of lands to Sec-
retary of the Interior; administration, de-
velopment, and disposition.
666g.
Classification of lands; industrial leases;
moneys subject to section 715s of this title;
administration;
jurisdiction
of
Federal
agencies.
667.
Game management supply depots; appropria-
tions.
667a.
Omitted.
667b.
Transfer of certain real property for wildlife
conservation
purposes;
reservation
of
rights.
667c.
Publication of designating order.
667d.
Reports to Congress.
667e.
Repealed.
667f.
Availability of grain to prevent waterfowl
depredations; payment of packaging, trans-
porting, handling, and other charges.
667f–1.
Requisition of grain to prevent crop depreda-
tion by migratory waterfowl.
667f–2.
Reimbursement of packaging and trans-
porting expenses.
667f–3.
Authorization of appropriations for miti-
gating losses caused by waterfowl depreda-
tion.
667g.
Requisition of surplus grain; prevention of
starvation of resident game birds and other
resident wildlife; utilization by State agen-
cies; reimbursement for packaging and
transporting.
667g–1.
Requisition and use of grain for prevention of
starvation of migratory birds; reimburse-
ment for packaging and transporting.
667g–2.
Authorization of appropriations for reim-
bursement of Commodity Credit Corpora-
tion.
667h.
Chronic Wasting Disease Task Force.
667i.
Chronic wasting disease research and man-
agement program.
SUBCHAPTER II—PROTECTION OF BALD AND
GOLDEN EAGLES
668.
Bald and golden eagles.
668a.
Taking and using of the bald and golden eagle
for sci
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 661
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Federal law — U.S. Code and appendices · legal_authorities
Page 1364
TITLE 16—CONSERVATION
§ 791
Sec.
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided
that: ‘‘Congress finds that—
‘‘(1) the hydropower industry currently employs ap-
proximately 300,000 workers across the United States;
‘‘(2) hydropower is the largest source of clean, re-
newable electricity in the United States;
‘‘(3) as of the date of enactment of this Act [Aug. 9,
2013], hydropower resources, including pumped stor-
age facilities, provide—
‘‘(A) nearly 7 percent of the electricity generated
in the United States; and
‘‘(B) approximately 100,000 megawatts of electric
capacity in the United States;
‘‘(4) only 3 percent of the 80,000 dams in the United
States generate electricity, so there is substantial
potential for adding hydropower generation to non-
powered dams; and
‘‘(5) according to one study, by utilizing currently
untapped resources, the United States could add ap-
proximately 60,000 megawatts of new hydropower ca-
pacity by 2025, which could create 700,000 new jobs
over the next 13 years.’’
SUBCHAPTER I—REGULATION OF THE DE-
VELOPMENT OF WATER POWER AND RE-
SOURCES
Statutory Notes and Related Subsidiaries
CODIFICATION; CONSTRUCTION
Act Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847,
provided that sections 1 to 29 of the Federal Water
Power Act, as amended (sections 792, 793, 794 to 797, 798
to 818, 819, and 820 to 823 of this title) shall constitute
part I of the act. Said section 212 also repealed sections
25 and 30 of the act (sections 819, 791 of this title). It
also contained a proviso as follows: ‘‘That nothing in
that Act, as amended, shall be construed to repeal or
amend the provisions of the amendment to the Federal
Water Power Act approved March 3, 192
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 791a
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