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16 U.S.C. § 823c — Alaska State jurisdiction over small hydroelectric projects

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 823c — Alaska State jurisdiction over small hydroelectric projects

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Source file: Laws/federal/codes/united-states-code/title-16/section-823c-alaska-state-jurisdiction-over-small-hydroelectric-projects--40f572bb70.md
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Source location: Title 16, Chapter 12, § 823c; chapter-012-federal-regulation-and-development-of-power.md

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**(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 Interior or the Secretary of Commerce, as appropriate; (B) the operation of any navigation facilities which may be constructed as part of any project to be controlled at all times by such reasonable rules and regulations as may be made by the Secretary of the Army; and (C) except as provided in subsection (j), conditions for the protection, mitigation, and enhancement of fish and wildlife based on recommendations received pursuant to 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.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies. **(b) Definition of “qualifying project works”** For purposes of this section, the term “qualifying project works” means project works— (1) that are not part of a project licensed under this part or exempted from licensing under this subchapter or [section 2705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2705&num=0&edition=prelim) prior to November 9, 2000; (2) for which a preliminary permit, a license application, or an application for an exemption from licensing has not been accepted for filing by the Commission prior to November 9, 2000 (unless such application is withdrawn at the election of the applicant); (3) that are part of a project that has a power production capacity of 5,000 kilowatts or less; (4) that are located entirely within the boundaries of the State of Alaska; and (5) that are not located in whole or in part on any Indian reservation, a conservation system unit (as defined in [section 3102(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3102/4&num=0&edition=prelim)), or segment of a river designated for study for addition to the Wild and Scenic Rivers System. **(c) Election of State licensing** In the case of nonqualifying project works that would be a qualifying project works but for the fact that the project has been licensed (or exempted from licensing) by the Commission prior to November 9, 2000, the licensee of such project may in its discretion elect to make the project subject to licensing and regulation by the State of Alaska under this section. **(d) Project works on Federal lands** With respect to projects located in whole or in part on a reservation, a conservation system unit, or the public lands, a State license or exemption from licensing shall be subject to— (1) the approval of the Secretary having jurisdiction over such lands; and (2) such conditions as the Secretary may prescribe. **(e) Consultation with affected agencies** The Commission shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce before certifying the State of Alaska’s regulatory program. **(f) Application of Federal laws** Nothing in this section shall preempt the application of Federal environmental, natural resources, or cultural resources protection laws according to their terms. **(g) Oversight by the Commission** The State of Alaska shall notify the Commission not later than 30 days after making any significant modification to its regulatory program. The Commission shall periodically review the State’s program to ensure compliance with the provisions of this section. **(h) Resumption of Commission authority** Notwithstanding subsection (a), the Commission shall reassert its licensing and regulatory authority under this subchapter if the Commission finds that the State of Alaska has not complied with one or more of the requirements of this section. **(i) Determination by the Commission** (1) Upon application by the Governor of the State of Alaska, the Commission shall within 30 days commence a review of the State of Alaska’s regulatory program for water-power development to determine whether it complies with the requirements of subsection (a). (2) The Commission’s review required by paragraph (1) shall be completed within 1 year of initiation, and the Commission shall within 30 days thereafter issue a final order determining whether or not the State of Alaska’s regulatory program for water-power development complies with the requirements of subsection (a). (3) If the Commission fails to issue a final order in accordance with paragraph (2) the State of Alaska’s regulatory program for water-power development shall be deemed to be in compliance with subsection (a). **(j) Fish and wildlife** If the State of Alaska determines that a recommendation under subsection (a)(3)(C) is inconsistent with paragraphs (1) and (2) of subsection (a), the State of Alaska may decline to adopt all or part of the recommendations in accordance with the procedures established under [section 803(j)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section803/j/2&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(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

16 U.S.C. § 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](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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2705

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 661 — Short title; authorization

**(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

16 U.S.C. § 1531 — Congressional findings and declaration of

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

16 U.S.C. § 661 — Short title; authorization

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

16 U.S.C. § 823c — Alaska State jurisdiction over small hy-

Page 1393 TITLE 16—CONSERVATION § 823c § 823c. Alaska State jurisdiction over small hy- droelectric projects (a) Discontinuance of regulation by the Commis- sion Notwithstanding sections 797(e) and 817 of this title, the Commission shall discontinue exer- cising 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 reg- ulation by the Commission under this sub- chapter and other applicable Federal laws, in- cluding the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordi- nation Act (16 U.S.C. 661 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 (in- cluding related spawning grounds and habi- tat); (C) the protection of recreational opportu- nities; (D) the preservation of other aspects of en- vironmental 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 op- eration 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 Sec- retary of the Interior or the Secretary of Commerce, as appropriate; (B) the operation of a

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