Page:United States Statutes at Large Volume 114 Part 3.djvu/1016

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114 STAT. 2038 PUBLIC LAW 106-469—NOV. 9, 2000 part over qualifying project works in the State of Alaska, effective on the date on which the Commission certifies that the State of Alaska has in place a regulatory program for water-power development that— "(1) protects the public interest, the purposes listed in paragraph (2), and the environment to the SEime extent provided by licensing and regulation by the Commission under this part and other applicable Federal laws, including the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 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 (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; 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— "(A) the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate; "(B) the operation of any navigation facilities which may be constructed as part of any project to be controlled at all times by such reasonable rules and regulations as may be made by the Secretary of the Army; and "(C) conditions for the protection, mitigation, and enhancement of fish and wildlife based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies. "(b) DEFINITION OF 'QUALIFYING PROJECT WORKS'. — For purposes of this section, the term 'qualifying project works' means project works— "(1) that are not part of a project licensed under this part or exempted from licensing under this part or section 405 of the Public Utility Regulatory Policies Act of 1978 prior to the date of the enactment of this section; "(2) for which a preliminary permit, a license application, or an appHcation for an exemption from licensing has not been accepted for filing by the Commission prior to the date of the enactment of subsection (c) (unless such application is withdrawn at the election of the applicant); "(3) that are part of a project that has a power production capacity of 5,000 kilowatts or less; "(4) that are located entirely within the boundaries of the State of Alaska; and "(5) that are not located in whole or in part on any Indian reservation, a conservation system unit (as defined in section