§823c Alaska State Jurisdiction Over Small Hydroelectric Projects

Summary

The federal Commission must stop licensing and regulating small hydro projects in Alaska once it certifies that Alaska has a program that protects the public and the environment as well as federal rules do, including the Endangered Species Act and the Fish and Wildlife Coordination Act. The state program must give equal weight to energy conservation, fish and wildlife (including spawning and habitat), recreation, other environmental quality, the interests of Alaska Natives, and other public uses like irrigation, flood control, water supply, and navigation. State licenses must require things like Coast Guard lights and signals, fishways set by the Interior or Commerce Departments, navigation rules set by the Army, and fish and wildlife protections 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 such recommendations under the process in subsection (j)). “Qualifying project works” are projects that meet all of these: were not licensed or exempted before November 9, 2000; had no accepted application before that date (unless the applicant withdrew it); have power capacity of 5,000 kilowatts or less; lie entirely inside Alaska; and are not on an Indian reservation, a conservation unit, or a river being studied for the Wild and Scenic Rivers System. Before certifying Alaska’s program, the Commission must consult the Secretaries of the Interior, Agriculture, and Commerce. The state must tell the Commission within 30 days of major program changes, and the Commission will review the program from time to time and can take back federal control if the state does not meet the rules. If the Governor asks for a review, the Commission must start within 30 days, finish the review within 1 year, and issue a final order within 30 days after that review; if it fails to issue the final order on time, the state program is treated as complying.