Part I of the Federal Power Act, under
the authority of the Federal Power Act (FPA) gives the Commission
authority to issue licenses for hydroelectric projects on the
waters over which Congress has jurisdiction. Any person, state, or
municipality planning to develop hydroelectric power must have a
license or exemption from the Commission to construct, operate, or
maintain any dam, water conduit, reservoir, or power house along or
in any navigable waters of the United States, upon any part of the
public lands or reservations of the United States, or which will
affect interstate commerce. Section 23(b) of the FPA provides that
any person intending to construct project works on a non navigable
commerce clause water must file a declaration of their intention to
do so (a "DI") with the Commission. Section 23(b) further provides
that upon the filing of a DI, the Commission will investigate the
proposed project, and, if it finds that the "interests of
interstate or foreign commerce would be affected" by the proposed
project, then the person intending to construct the project must
obtain a Commission license before starting construction.
Submission of the data is necessary for the Commission to make a
required determination as to jurisdiction over the proposed
project. The respondent universe that would submit a declaration of
intention can be defined and is limited to potential developers of
hydropower projects at sites where the Commission's jurisdiction
may be in question. Such sites are generally on streams other than
those defined as U.S. navigation waters, and over which Congress
has jurisdiction under its authority to regulate foreign and
interstate commerce.
US Code:
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USC 817 Name of Law: Federal Power Act
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.