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16 U.S.C. § 823a — Conduit hydroelectric facilities
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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Source file: Laws/federal/codes/united-states-code/title-16/section-823a-conduit-hydroelectric-facilities--ee20257cd2.md
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Source location: Title 16, Chapter 12, § 823a; chapter-012-federal-regulation-and-development-of-power.md
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**(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 paragraph (2)(C) to meet the qualifying criteria.
(C) The term “qualifying criteria” means, with respect to a facility—
(i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit;
(ii) the facility has an installed capacity that does not exceed 40 megawatts; and
(iii) on or before August 9, 2013, the facility is not licensed under, or exempted from the license requirements contained in, this subchapter.
**(b) Exemption qualifications** Subject to subsection (c), 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) utilizes for such generation only the hydroelectric potential of a conduit; and
(2) has an installed capacity that does not exceed 40 megawatts.
**(c) Consultation with Federal and State agencies** In making the determination under subsection (b) the Commission shall consult with the United States Fish and Wildlife Service 11 So in original. Probably should be followed by a comma. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim), 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 (b) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section803/e&num=0&edition=prelim), 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). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in subsection (c) 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.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Federal Power Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 791a
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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
The Commission is authorized and empowered—
**(a) Investigations and data** To make investigations and to collect and record data concerning the utilization of the water resources of any region to be developed, the water-power industry and its relation to other industries and to interstate or foreign commerce, and concerning the location, capacity, development costs, and relation to markets of power sites, and whether the power from Government dams can be advantageously used by the United States for its public purposes, and what is a fair value of such power, to the extent the Commission may deem necessary or useful for the purposes of this chapter.
**(b) Statements as to investment of licensees in projects; access to projects, maps, etc.** To determine the actual legitimate original cost of and the net investment in a licensed project, and to aid the Commission in such determinations, each licensee shall, upon oath, within a reasonable period of time to be fixed by the Commission, after the construction of the original project or any addition thereto or betterment thereof, file with the Commission in such detail as the Commission may require, a statement in duplicate showing the actual legitimate original cost of construction of such project addition, or betterment, and of the price paid for water rights, rights-of-way, lands, or interest in lands. The licensee shall grant to the Commission or to its duly authorized agent or agents, at all reasonable times, free access to such project, addition, or betterment, and to all maps, profiles, contracts, reports of engineers, accounts, books, records, and all other papers and documents relating thereto. The statement of actual legitimate original cost of said project, and revisions thereof as determined by the Commission, s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 797
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 10, 1920, ch. 285, § 30, 41 Stat. 1077, designated the act as The Federal Water Power Act.
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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
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
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 1390
TITLE 16—CONSERVATION
§ 821
1 So in original. Probably should be followed by a comma.
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en-
acted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
§ 821. State laws and water rights unaffected
Nothing contained in this chapter shall be
construed as affecting or intending to affect or
in any way to interfere with the laws of the re-
spective States relating to the control, appro-
priation, use, or distribution of water used in ir-
rigation or for municipal or other uses, or any
vested right acquired therein.
(June 10, 1920, ch. 285, pt. I, § 27, 41 Stat. 1077; re-
numbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847.)
§ 822. Reservation of right to alter or repeal
chapter
The right to alter, amend, or repeal this chap-
ter is expressly reserved; but no such alteration,
amendment, or repeal shall affect any license
theretofore issued under the provisions of this
chapter or the rights of any licensee thereunder.
(June 10, 1920, ch. 285, pt. I, § 28, 41 Stat. 1077; re-
numbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847.)
§ 823. Repeal of inconsistent laws
All Acts or parts of Acts inconsistent with
this chapter are repealed: Provided, That noth-
ing contained herein shall be held or construed
to modify or repeal any of the provisions of the
Act of Congress approved December 19, 1913,
granting certain rights-of-way to the city and
county of San Francisco, in the State of Cali-
fornia.
(June 10, 1920, ch. 285, pt. I, § 29, 41 Stat. 1077; re-
numbered pt. I, Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847.)
Editorial Notes
REFERENCES I
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 823a
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