§817. Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities — Inbound Citations

Citations to 16 U.S.C. § 817 as a whole

• 16 U.S.C. § 823c(a)

  Go to provision →
  (a) 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 et seq.) and the Fish and Wildlife Coordination 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 (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 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies.