[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR4.31]

[Page 75-76]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 4_LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT 
COSTS--Table of Contents
 
  Subpart D_Application for Preliminary Permit, License or Exemption: 
                           General Provisions
 
Sec. 4.31  Initial or competing application: who may file.

    (a) Application for a preliminary permit or a license. Any citizen, 
association of citizens, domestic corporation, municipality, or state 
may submit for filing an initial application or a competing application 
for a preliminary permit or a license for a water power project under 
Part I of the Federal Power Act.

[[Page 76]]

    (b) Application for exemption of a small conduit hydroelectric 
facility--(1) Exemption from provisions other than licensing. Any 
citizen, association of citizens, domestic corporation, municipality, or 
state that has all of the real property interests in the lands necessary 
to develop and operate that project, or an option to obtain those 
interests, may apply for exemption of a small conduit hydroelectric 
facility from provisions of Part I of the Federal Power Act, other than 
licensing provisions.
    (2) Exemption from licensing. Any person having all the real 
property interests in the lands necessary to develop and operate the 
small conduit hydroelectric facility, or an option to obtain those 
interests, may apply for exemption of that facility from licensing under 
Part I of the Federal Power Act.
    (c) Application for case-specific exemption of a small hydroelectric 
power project--(1) Exemption from provisions other than licensing. Any 
qualified license applicant or licensee seeking amendment of its license 
may apply for exemption of the related project from provisions of Part I 
of the Federal Power Act other than licensing provisions.
    (2) Exemption from licensing--(i) Only Federal lands involved. If 
only rights to use or occupy Federal lands would be necessary to develop 
and operate the proposed small hydroelectric power project, any person 
may apply for exemption of that project from licensing.
    (ii) Some non-Federal lands involved. If real property interests in 
any non-Federal lands would be necessary to develop and operate the 
proposed small hydroelectric power project, any person who has all of 
the real property interests in non-Federal lands necessary to develop 
and operate that project, or an option to obtain those interests, may 
apply for exemption of that project from licensing.

[Order 413, 50 FR 11678, Mar. 25, 1985]