§ 823a. Conduit hydroelectric facilities

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1920

   Public Utility Regulatory Policies Act of 1978

   Pub. L. 95–617 title II § 213 · 92 Stat. 3117

   Enacted · 16 U.S.C. § 823a

   June 10, 1920, ch. 285, pt. I, § 30, as added Pub. L. 95–617, title II, § 213, Nov. 9, 1978, 92 Stat. 3148

   Source evidence

   Code source credit
   June 10, 1920, ch. 285, pt. I, § 30, as added Pub. L. 95–617, title II, § 213, Nov. 9, 1978, 92 Stat. 3148

   Enacted provision · exact public law section
   SEC. 213. CONDUIT HYDROELECTRIC FACILITIES. Part T of the Federal Power Act is amended by adding the following new section at the end thereof: “Sec. 30. (a) Except as provided in subsection (b) or (c), the Commission 16 USC 823a. may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, 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) The Commission may not grant any exemption under subsection (a) to any facility the installed capacity of which exceeds 15 megawatts. “(c) In making the determination under subsection (a) the Commission shall consult with the United States Fish and Wildlife Service 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 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) Any violation of a term or condition of any exemption granted under subsection (a) shall be treated as a violation of a rule or order of the Commission under this Act.”.

2. 1986

   Electric Consumers Protection Act of 1986

   Pub. L. 99–495 § 7(a) · 100 Stat. 1243

   Inserted · 16 U.S.C. § 823a(b)

   Pub. L. 99–495, § 7(a), inserted provision setting the maximum installation capacity for exemptions under subsec. (a) at 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–495, § 7(a), inserted provision setting the maximum installation capacity for exemptions under subsec. (a) at 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.

   Enacted provision · exact public law section
   (a) State or Local Conduits.— Section 30(b) of the Federal Power Act is amended by inserting after “15 megawatts” the following: “(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)”.

   Effective date note
   Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

3. 1986

   Electric Consumers Protection Act of 1986

   Pub. L. 99–495 § 7(b) · 100 Stat. 1243

   Inserted · 16 U.S.C. § 823a(c)

   Pub. L. 99–495, § 7(b), which directed the insertion of “National Marine Fisheries Service” after “the Fish and Wildlife Service” in both places such term appears, was executed by inserting “National Marine Fisheries Service” after “the United States Fish and Wildlife Service” and “the Fish and Wildlife Service”, as the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–495, § 7(b), which directed the insertion of “National Marine Fisheries Service” after “the Fish and Wildlife Service” in both places such term appears, was executed by inserting “National Marine Fisheries Service” after “the United States Fish and Wildlife Service” and “the Fish and Wildlife Service”, as the probable intent of Congress.

   Enacted provision · exact public law section
   (b) NMFS.— Section 30(c) of the Federal Power Act is amended by inserting “National Marine Fisheries Service” after “the Fish and Wildlife Service” in both places such term appears.

   Effective date note
   Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

4. 1986

   Electric Consumers Protection Act of 1986

   Pub. L. 99–495 § 7(c) · 100 Stat. 1243

   Added · 16 U.S.C. § 823a(e)

   Pub. L. 99–495, § 7(c), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–495, § 7(c), added subsec. (e).

   Enacted provision · exact public law section
   (c) Fees for Studies.— Section 30 of the Federal Power Act is amended by adding the following new subsection at the end thereof: “(e) The Commission, in addition to the requirements of section Ante, pp. 1243, 1244. 10(e), 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”.

   Effective date note
   Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.

5. 2013

   Hydropower Regulatory Efficiency Act of 2013

   Pub. L. 113–23 § 4(a)(1) · 127 Stat. 493

   1. Added · 16 U.S.C. § 823a(a); 16 U.S.C. § 823a(b)

      Pub. L. 113–23, § 4(a)(1), added subsecs. (a) and (b)

   2. Struck · 16 U.S.C. § 823a(a); 16 U.S.C. § 823a(b)

      Pub. L. 113–23, § 4(a)(1), struck out former subsecs. (a) and (b) which authorized the Commission to grant exemptions from the requirements of this subchapter for certain hydroelectric facilities and prohibited the granting of exemptions to facilities with certain capacities

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 113–23, § 4(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which authorized the Commission to grant exemptions from the requirements of this subchapter for certain hydroelectric facilities and prohibited the granting of exemptions to facilities with certain capacities.

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (b) and inserting the following: “(a) (1) A qualifying conduit hydropower facility shall not be required to be licensed under this part. “(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 45 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 5 megawatts; and “(iii) on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2013, the facility is not licensed under, or exempted from the license requirements contained in, this part. “(b) Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, 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.” ;

6. 2013

   Hydropower Regulatory Efficiency Act of 2013

   Pub. L. 113–23 § 4(a)(2) · 127 Stat. 493

   Substituted · 16 U.S.C. § 823a(c)

   Pub. L. 113–23, § 4(a)(2), substituted “subsection (b)” for “subsection (a)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–23, § 4(a)(2), substituted “subsection (b)” for “subsection (a)” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subsection (c), by striking “subsection (a)” and inserting “subsection (b)”; and

7. 2013

   Hydropower Regulatory Efficiency Act of 2013

   Pub. L. 113–23 § 4(a)(3) · 127 Stat. 493

   Substituted · 16 U.S.C. § 823a(d)

   Pub. L. 113–23, § 4(a)(3), substituted “subsection (b)” for “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–23, § 4(a)(3), substituted “subsection (b)” for “subsection (a)”.

   Enacted provision · exact public law section
   (3) in subsection (d), by striking “subsection (a)” and inserting “subsection (b)”.

8. 2018

   America’s Water Infrastructure Act of 2018

   Pub. L. 115–270 § 3002(1) · 132 Stat. 3765

   Substituted · 16 U.S.C. § 823a(a)(2)(C)

   Pub. L. 115–270, § 3002(1), substituted “30 days” for “45 days” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 115–270, § 3002(1), substituted “30 days” for “45 days” in introductory provisions.

   Enacted provision · exact public law section
   (1) in paragraph (2)(C), by striking “45 days” and inserting “30 days”; and

9. 2018

   America’s Water Infrastructure Act of 2018

   Pub. L. 115–270 § 3002(2) · 132 Stat. 3765

   Substituted · 16 U.S.C. § 823a(a)(3)(C)(ii)

   Pub. L. 115–270, § 3002(2), substituted “40 megawatts” for “5 megawatts”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(C)(ii). Pub. L. 115–270, § 3002(2), substituted “40 megawatts” for “5 megawatts”.

   Enacted provision · exact public law section
   (2) in paragraph (3)(C)(ii), by striking “5” and inserting “40”.

10 of 10 references resolved to an enrolled provision