[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR292.208]

[Page 734-735]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 292--REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER PRODUCTION AND COGENERATION--Table of Contents
 
Subpart B--Qualifying Cogeneration and Small Power Production Facilities
 
Sec. 292.208  Special requirements for hydroelectric small power production facilities located at a new dam or diversion.

    (a) A hydroelectric small power production facility that impounds or 
diverts the water of a natural watercourse by means of a new dam or 
diversion (as that term is defined in Sec. 292.202(p)) is a qualifying 
facility only if it meets the requirements of:
    (1) Paragraph (b) of this section;
    (2) Section 292.203(c); and
    (3) Part 4 of this chapter.
    (b) A hydroelectric small power production described in paragraph 
(a) is a qualifying facility only if:
    (1) The Commission finds, at the time it issues the license or 
exemption, that the project will not have a substantial adverse effect 
on the environment (as that term is defined in Sec. 292.202(q)), 
including recreation and water quality;
    (2) The Commission finds, at the time the application for the 
license or exemption is accepted for filing under Sec. 4.32 of this 
chapter, that the project is not located on any segment of a natural 
watercourse which:
    (i) Is included, or designated for potential inclusion in, a State 
or National wild and scenic river system; or
    (ii) 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; and
    (3) The project meets the terms and conditions set by the 
appropriate fish and wildlife agencies under the same procedures as 
provided for under section 30(c) of the Federal Power Act.

[[Page 735]]

    (c) For the Commission to make the findings in paragraph (b) of this 
section an applicant must:
    (1) Comply with the applicable hydroelectric licensing requirements 
in Part 4 of this chapter, including:
    (i) Completing the pre-filing consultation process under Sec. 4.38 
of this chapter, including performing any environmental studies which 
may be required under Secs. 4.38(b)(2)(i)(D) through (F) of this 
chapter; and
    (ii) Submitting with its application an environmental report that 
meets the requirements of Sec. 4.41(f) of this chapter, regardless of 
project size;
    (2) State whether the project is located on any segment of a natural 
watercourse which:
    (i) Is included in or designated for potential inclusion in:
    (A) The National Wild and Scenic River System (28 U.S.C. 1271-1278 
(1982)); or
    (B) A State wild and scenic river system;
    (ii) Crosses an area designated or recommended for designation under 
the Wilderness Act (16 U.S.C. 1132) as:
    (A) A wilderness area; or
    (B) Wilderness study area; or
    (iii) The State, either by or pursuant to an act of the State 
legislature, has determined to possess unique, natural, recreational, 
cultural, or scenic attributes that would be adversely affected by 
hydroelectric development.
    (d) If the project is located on any segment of a natural 
watercourse that meets any of the conditions in paragraph (c)(2) of this 
section, the applicant must provide the following information in its 
application:
    (1) The date on which the natural watercourse was protected;
    (2) The statutory authority under which the natural watercourse was 
protected; and
    (3) The Federal or state agency, or political subdivision of the 
state, that is in charge of administering the natural watercourse.

[Order 499, 53 FR 27003, July 18, 1988]