PUBLIC LAW 99-495—OCT. 16, 1986
100 STAT. 1249
Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in subsection (c) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended.". SEC. 8. AMENDMENTS CONCERNING CERTAIN SMALL POWER PRODUCTION FACILITIES SUBJECT TO PURPA BENEFITS.
(a) N E W DAMS AND DIVERSIONS SEEKING PURPA BENEFITS.—Section 210 of the Public Utility Regulatory Policies Act of 1978 is 16 USC 824a-3. amended by inserting the following new subsections after subsection (i) and by redesignating subsection (j) as subsection (1): "(j) N E W DAMS AND DIVERSIONS.—Except for a hydroelectric
project located at a Government dam (as defined in section 3(10) of the Federal Power Act) at which non-Federal hydroelectric develop- 16 USC 796. ment is permissible, this section shall not apply to any hydroelectric project which impounds or diverts the water of a natural watercourse by means of a new dam or diversion unless the project meets each of the following requirements: "(1) N o SUBSTANTIAL ADVERSE EFFECTS.—At the time of isSU-
ance of the license or exemption for the project, the Commission finds that the project will not have substantial adverse effects on the environment, including recreation and water quality. Such finding shall be made by the Commission after taking into consideration terms and conditions imposed under either paragraph (3) of this subsection or section 10 of the Federal Power Act (whichever is appropriate as required by that Act or the Ante, pp. 1243, Electric Consumers Protection Act of 1986) and compliance with i^"*^other environmental requirements applicable to the project. "(2) PROTECTED RIVERS.—At the time the application for a license or exemption for the project is accepted by the Commission (in accordance with the Commission's regulations and procedures in effect on January 1, 1986, including those relating to environmental consultation), such project is not located on either of the following: "(A) Any segment of a natural watercourse which is included in (or designated for potential inclusion in) a State or national wild and scenic river system. "(B) Any segment of a natural watercourse which the State has determined, in accordance with applicable State law, to possess unique natural, recreational, cultural, or scenic attributes which would be adversely affected by hydroelectric development. "(3) FISH AND WILDLIFE TERMS AND CONDITIONS.—The project
meets the terms and conditions set by fish and wildlife agencies under the same procedures as provided for under section 30(c) of the Federal Power Act. Ante, p. 1248. "(k) DEFINITION OF N E W DAM OR DIVERSION.—For purposes of this section, the term 'new dam or diversion' means a dam or diversion which requires, for purposes of installing any hydroelectric power project, any construction, or enlargement of any impoundment or diversion structure (other than repairs or reconstruction or the addition of flashboards or similar adjustable devices)".
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