§823c Alaska State jurisdiction over small hydroelectric projects

Summary

The federal licensing agency will stop regulating certain small hydropower works in Alaska when the State of Alaska puts in place a water‑power program that meets specific rules. The state program must protect the public interest and the environment as well as federal licensing and other federal laws (including the Endangered Species Act and the Fish and Wildlife Coordination Act). The program must give the same weight to energy conservation, fish and wildlife (and their habitat), recreation, other parts of environmental quality, Alaska Natives, and other public uses like irrigation, flood control, water supply, and navigation. Any state license must require lights and signals as directed by the Coast Guard, fishways as required by the Secretary of the Interior or Commerce, navigation facilities to be run under rules set by the Secretary of the Army, and fish and wildlife protection measures based on recommendations from the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, and State fish and wildlife agencies (the State may decline some recommendations if they conflict with the required protections under procedures in section 803(j)(2)). A "qualifying project works" is one that: was not already licensed or exempted before November 9, 2000; had no accepted preliminary permit, license, or exemption filing before November 9, 2000 (unless the applicant withdrew it); is part of a project that produces 5,000 kilowatts or less; lies entirely inside Alaska; and is not on an Indian reservation, a conservation system unit, or on a river segment being studied for the Wild and Scenic Rivers System. Projects licensed or exempted before November 9, 2000 may choose to become subject to State licensing. If a project is on reservation, conservation unit, or public lands, a State license needs approval and any conditions from the Secretary in charge of those lands. The federal agency must consult the Secretaries of the Interior, Agriculture, and Commerce before certifying the State program, and federal environmental, natural resources, and cultural laws still apply. The State must tell the Commission within 30 days of major changes to its program; the Commission will review the program now and then and can take back authority if the State fails to meet the requirements. If the Governor asks, the Commission must start a review within 30 days, finish it within 1 year, and issue a final order within 30 days after that; if the Commission does not issue the final order as required, the State program is treated as compliant.