§823a Conduit hydroelectric facilities

Summary

Qualifying conduit hydropower facilities do not need a license from the Commission. Anyone planning to build one must file a notice with the Commission that shows the project meets the rules. Within 15 days the Commission must make an initial decision and, if it looks like it qualifies, publish a public notice. After that notice, people have 30 days to challenge whether the project really meets the rules. If someone challenges it, the Commission must quickly issue a written decision. If no one objects, the project is treated as qualifying. Conduit means a manmade water channel used to move water for farming, towns, or industry and not mainly to make electricity. A qualifying conduit hydropower facility is a project (no dam or impoundment) the Commission finds or deems to meet the qualifying criteria. Qualifying criteria mean the project uses only the hydroelectric potential of a non-federal conduit, has installed capacity of no more than 40 megawatts, and was not licensed or exempted on or before August 9, 2013. The Commission may grant exemptions for such projects but must consult the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the State fish and wildlife agency under the Fish and Wildlife Coordination Act and include terms to avoid harm to wildlife and to ensure compliance. Breaking those terms is treated like breaking a Commission order. The Commission must also set fees to pay the wildlife agencies for any study costs; those fees are transferred to the agencies, subject to annual appropriations, and remain available until spent.