18cfr 2.19, 8.1-8.2, 141.15

RM14-22-ecfr2-19_8-1-2_141-15.docx

FERC-505, [Final Rule in RM14-22] Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

18CFR 2.19, 8.1-8.2, 141.15

OMB: 1902-0115

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e-CFR Data is current as of December 17, 2014



Title 18Chapter ISubchapter APart 2 → §2.19

Title 18: Conservation of Power and Water Resources
PART 2—GENERAL POLICY AND INTERPRETATIONS

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§2.19   State and Federal comprehensive plans.

(a) In determining whether the proposed hydroelectric project is best adapted to a comprehensive plan under section (10)(a)(1) of the Federal Power Act for improving or developing a waterway, the Commission will consider the extent to which the project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the project that is prepared by:

(1) An agency established pursuant to Federal law that has the authority to prepare such a plan, or

(2) A state agency, of the state in which the facility is or will be located, authorized to conduct such planning pursuant to state law.

(b) The Commission will treat as a state or Federal comprehensive plan a plan that:

(1) Is a comprehensive study of one or more of the beneficial uses of a waterway or waterways;

(2) Includes a description of the standards applied, the data relied upon, and the methodology used in preparing the plan; and

(3) Is filed with the Secretary of the Commission.

[Order 481-A, 53 FR 15804, May 4, 1988]





e-CFR Data is current as of December 17, 2014





Title 18 → Chapter I → Subchapter B → Part 8







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Title 18: Conservation of Power and Water Resources



PART 8—RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED PROJECTS



Contents

§8.1 Publication of license conditions relating to recreation.

§8.2 Posting of project lands as to recreational use and availability of information.

§8.3 Discrimination prohibited.

§8.11 Information respecting use and development of public recreational opportunities.





Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.





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§8.1 Publication of license conditions relating to recreation.



Following the issuance or amendment of a license, the licensee shall make reasonable efforts to keep the public informed of the availability of project lands and waters for recreational purposes, and of the license conditions of interest to persons who may be interested in the recreational aspects of the project or who may wish to acquire lands in its vicinity. Such efforts shall include but not be limited to: the publication of notice in a local newspaper once each week for 4 weeks of the project's license conditions which relate to public access to and the use of the project waters and lands for recreational purposes, recreational plans, installation of recreation and fish and wildlife facilities, reservoir water surface elevations, minimum water releases or rates of change of water releases and such other conditions of general public interest as the Commission may designate in the order issuing or amending the license.



[Order 299, 30 FR 7313, June 3, 1965]









§8.2 Posting of project lands as to recreational use and availability of information.



(a) Following the issuance or amendment of a license, the licensee shall post and shall maintain at all points of public access which are required by the license (or at such access points as are specifically designated for this purpose by the licensee) and at such other points as are subsequently prescribed by the Commission on its own motion or upon the recommendation of a public recreation agency operating in the area in which the project is located, a conspicuous sign giving the name of the project and the owner of the project, a statement that it is licensed by the Commission and the project number, directions to the areas of the project which are available for public recreation use, permissible times and activities, and other regulations regarding such use, and advising that further information may be obtained at local offices of the licensee in the vicinity of the project. In addition, the licensee shall post at such locations conspicuous notice that the recreation facilities are open to all members of the public without discrimination.



(b) The licensee shall make available for inspection at its local offices in the vicinity of the project the recreation plan approved by the Commission and the entire license instrument, properly indexed for easy reference to the license conditions designated for publications in §8.1.



[Order 299, 30 FR 7313, June 3, 1965, as amended by Order 341, 32 FR 6488, Apr. 27, 1967; 32 FR 11640, Aug. 11, 1967]



Title 18: Conservation of Power and Water Resources

PART 141—STATEMENTS AND REPORTS (SCHEDULES)

§141.15 Annual Conveyance Report.



If a licensee of a hydropower project is required by its license to file with the Commission an annual report of conveyances of easements or rights-of-way across, or leases of, project lands, the report must be filed only if such a conveyance or lease of project lands has occurred in the previous year.



[Order 540, 57 FR 21738, May 22, 1992]

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