Page:United States Statutes at Large Volume 114 Part 3.djvu/1017

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PUBLIC LAW 106-469—NOV. 9, 2000 114 STAT. 2039 102(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(4))), or segment of a river designated for study for addition to the Wild and Scenic Rivers System. "(c) ELECTION OF STATE LICENSING. —In the case of nonqualifying project works that would be a qualifying project works but for the fact that the project has been licensed (or exempted from licensing) by the Commission prior to the enactment of this section, the licensee of such project may in its discretion elect to make the project subject to licensing and regulation by the State of Alaska under this section. "(d) PROJECT WORKS ON FEDERAL LANDS. — With respect to projects located in whole or in part on a reservation, a conservation system unit, or the public lands, a State license or exemption from licensing shall be subject to— "(1) the approval of the Secretary having jurisdiction over such lands; and "(2) such conditions as the Secretary may prescribe. "(e) CONSULTATION WITH AFFECTED AGENCIES. —The Commission shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce before certifying the State of Alaska's regulatory program. "(f) APPLICATION OF FEDERAL LAWS.— Nothing in this section shall preempt the application of Federal environmental, natural resources, or cultural resources protection laws according to their terms. "(g) OVERSIGHT BY THE COMMISSION. —The State of Alaska shall notify the Commission not later than 30 days after making any significant modification to its regulatory program. The Commission shall periodically review the State's program to ensure compliance with the provisions of this section. "(h) RESUMPTION OF COMMISSION AUTHORITY.— Notwithstanding subsection (a), the Commission shall reassert its licensing and regulatory authority under this part if the Commission finds that the State of Alaska has not complied with one or more of the requirements of this section. "(i) DETERMINATION BY THE COMMISSION.—(1) Upon application Deadline. by the Governor of the State of Alaska, the Commission shall within 30 days commence a review of the State of Alaska's regulatory program for water-power development to determine whether it complies with the requirements of subsection (a). "(2) The Commission's review required by paragraph (1) shall be completed within 1 year of initiation, and the Commission shall within 30 days thereafter issue a final order determining whether or not the State of Alaska's regulatory program for water-power development complies with the requirements of subsection (a). "(3) If the Commission fails to issue a final order in accordance with paragraph (2) the State of Alaska's regulatory program for water-power development shall be deemed to be in compliance with subsection (a).". Notification. Deadline. Deadline. 79-194O-00 -33:QL3Part3