---
kind: "section"
citation: "16 U.S.C. § 823c"
title: "16"
title_heading: "Conservation"
number: "823c"
heading: "Alaska State jurisdiction over small hydroelectric projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/823c"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter I — Regulation of the Development of Water Power and Resources"
---

# §823c. Alaska State jurisdiction over small hydroelectric projects

- (a) **Discontinuance of regulation by the Commission—** Notwithstanding sections [797(e)](/usc/16/797.md?p=e) and [817](/usc/16/817.md) of this title, the [Commission](/usc/16/544.md?p=c) shall discontinue exercising licensing and regulatory authority under this subchapter over qualifying [project works](/usc/16/796.md?p=12) in the [State](/usc/16/796.md?p=6) of Alaska, effective on the date on which the [Commission](/usc/16/544.md?p=c) certifies that the [State](/usc/16/796.md?p=6) of Alaska has in place a regulatory program for water-power development that—
  - (1) protects the public interest, the purposes listed in [paragraph (2)](#a-2), and the environment to the same extent provided by licensing and regulation by the [Commission](/usc/16/544.md?p=c) under this subchapter and other applicable Federal laws, including the Endangered Species Act ([16 U.S.C. 1531](/usc/16/1531.md) et seq.) and the [Fish and Wildlife](/usc/16/3102.md?p=17) Coordination Act ([16 U.S.C. 661](/usc/16/661.md) 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](/usc/16/3102.md?p=17) (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](/usc/16/3102.md?p=16); 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](/usc/16/796.md?p=12)—
    - (A) the construction, maintenance, and operation by a [licensee](/usc/16/796.md?p=5) at its own expense of such lights and signals as may be directed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior or the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, as appropriate;
    - (B) the operation of any navigation facilities which may be constructed as part of any [project](/usc/16/796.md?p=11) to be controlled at all times by such reasonable rules and regulations as may be made by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army; and
    - (C) except as provided in [subsection (j)](#j), conditions for the protection, mitigation, and enhancement of [fish and wildlife](/usc/16/3102.md?p=17) based on recommendations received pursuant to the [Fish and Wildlife](/usc/16/3102.md?p=17) Coordination Act ([16 U.S.C. 661](/usc/16/661.md) et seq.) from the National Marine Fisheries Service, the United States [Fish and Wildlife](/usc/16/3102.md?p=17) Service, and [State](/usc/16/796.md?p=6) [fish and wildlife](/usc/16/3102.md?p=17) agencies.
- (b) **Definition of “qualifying project works”—** For purposes of this section, the term “qualifying [project works](/usc/16/796.md?p=12)” means [project works](/usc/16/796.md?p=12)—
  - (1) that are not part of a [project](/usc/16/796.md?p=11) licensed under this part or exempted from licensing under this subchapter or [section 2705 of this title](/usc/16/2705.md) 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](/usc/16/544.md?p=c) prior to November 9, 2000 (unless such application is withdrawn at the election of the applicant);
  - (3) that are part of a [project](/usc/16/796.md?p=11) that has a power production capacity of 5,000 kilowatts or less;
  - (4) that are located entirely within the boundaries of the [State](/usc/16/796.md?p=6) of Alaska; and
  - (5) that are not located in whole or in part on any Indian reservation, a [conservation system unit](/usc/16/3102.md?p=4) (as defined in [section 3102(4) of this title](/usc/16/3102.md?p=4)), or segment of a river designated for study for [addition](/usc/16/410r–5.md?p=c-2) to the Wild and Scenic Rivers System.
- (c) **Election of State licensing—** In the case of nonqualifying [project works](/usc/16/796.md?p=12) that would be a qualifying [project works](/usc/16/796.md?p=12) but for the fact that the [project](/usc/16/796.md?p=11) has been licensed (or exempted from licensing) by the [Commission](/usc/16/544.md?p=c) prior to November 9, 2000, the [licensee](/usc/16/796.md?p=5) of such [project](/usc/16/796.md?p=11) may in its discretion elect to make the [project](/usc/16/796.md?p=11) subject to licensing and regulation by the [State](/usc/16/796.md?p=6) of Alaska under this section.
- (d) **Project works on Federal lands—** With respect to [projects](/usc/16/796.md?p=11) located in whole or in part on a reservation, a [conservation system unit](/usc/16/3102.md?p=4), or the [public lands](/usc/16/796.md?p=1), a [State](/usc/16/796.md?p=6) license or exemption from licensing shall be subject to—
  - (1) the approval of the [Secretary](/usc/16/410r–5.md?p=c-1) having jurisdiction over such lands; and
  - (2) such conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe.
- (e) **Consultation with affected agencies—** The [Commission](/usc/16/544.md?p=c) shall consult with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, and the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce before certifying the [State](/usc/16/796.md?p=6) 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](/usc/16/796.md?p=6) of Alaska shall notify the [Commission](/usc/16/544.md?p=c) not later than 30 days after making any significant modification to its regulatory program. The [Commission](/usc/16/544.md?p=c) shall periodically review the [State](/usc/16/796.md?p=6)’s program to ensure compliance with the provisions of this section.
- (h) **Resumption of Commission authority—** Notwithstanding [subsection (a)](#a), the [Commission](/usc/16/544.md?p=c) shall reassert its licensing and regulatory authority under this subchapter if the [Commission](/usc/16/544.md?p=c) finds that the [State](/usc/16/796.md?p=6) 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](/usc/16/796.md?p=6) of Alaska, the [Commission](/usc/16/544.md?p=c) shall within 30 days commence a review of the [State](/usc/16/796.md?p=6) of Alaska’s regulatory program for water-power development to determine whether it complies with the requirements of [subsection (a)](#a).
  - (2) The [Commission](/usc/16/544.md?p=c)’s review required by [paragraph (1)](#i-1) shall be completed within 1 year of initiation, and the [Commission](/usc/16/544.md?p=c) shall within 30 days thereafter issue a final order determining whether or not the [State](/usc/16/796.md?p=6) of Alaska’s regulatory program for water-power development complies with the requirements of [subsection (a)](#a).
  - (3) If the [Commission](/usc/16/544.md?p=c) fails to issue a final order in accordance with [paragraph (2)](#i-2) the [State](/usc/16/796.md?p=6) of Alaska’s regulatory program for water-power development shall be deemed to be in compliance with [subsection (a)](#a).
- (j) **Fish and wildlife—** If the [State](/usc/16/796.md?p=6) of Alaska determines that a recommendation under [subsection (a)(3)(C)](#a-3-C) is inconsistent with paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a), the [State](/usc/16/796.md?p=6) 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](/usc/16/803.md?p=j-2).

## Source credit

(June 10, 1920, ch. 285, pt. I, § 32, as added Pub. L. 106–469, title V, § 501, Nov. 9, 2000, 114 Stat. 2037; amended Pub. L. 109–58, title II, § 244, Aug. 8, 2005, 119 Stat. 678.)

## Notes

### Editorial Notes

### References in Text

The Endangered Species Act, referred to in subsec. (a)(1), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Fish and Wildlife Coordination Act, referred to in subsec. (a)(1), (3)(C), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

### Amendments

2005—Subsec. (a)(3)(C). Pub. L. 109–58, § 244(1), inserted “except as provided in subsection (j),” before “conditions”.

Subsec. (j). Pub. L. 109–58, § 244(2), added subsec. (j).

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.