Page:United States Statutes at Large Volume 106 Part 4.djvu/361

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3097 this section prior to enactment of this subsection, no such permit, right-of-way, or other approval shall be required for continued operation, including continued operation pursuant to section 15 of the Federal Power Act, of such project unless the Commission determines that such project involves the use of any additional public lands or National Forest lands not subject to such reservation.". SEC. 2402. DAMS IN NATIONAL PARK SYSTEM UNITS. 16 USC 797c. After the date of enactment of this Act, the Federal Energy Regulatory Commission may not issue an original license under Part I of the Federal Power Act (nor an exemption from such Part) for any new hydroelectric power project located within the boundaries of any unit of the National Park System that would have a direct adverse effect on Federal lands within any such unit. Nothing in this section shall be construed as repealing any existing provision of law (or eifTecting any treaty) explicitly authorizing a hydroelectric power project. SEC. 2403. THIRD PARTY CONTRACTING BY FERC. 16 USC 797d. (a) ENVIRONMENTAL IMPACT STATEMENTS. —W here the Federal Energy Regulatory Commission is required to prepare a draft or final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in connection with an application for a license under part I of the Federal Power Act, the Commission may permit, at the election of the applicant, a contractor, consultant or other person funded by the applicant and chosen by the Commission from among a list of such individuals or companies determined by the Commission to be qualified to do such work, to prepare such statement for the Commission. The contractor shall execute a disclosure statement prepared by the Commission specifying that it has no financial or other interest in the outcome of the project. The Commission shall establish the scope of work and procedures to assure that the contractor, consultant or other person has no financial or other potential conflict of interest in the outcome of the proceeding. Nothing herein shall affect the Commission's responsibility to comply with the National Environmental Policy Act of 1969. (b) ENVIRONMENTAL ASSESSMENTS. —W here an environmental assessment is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 and following) in connection with an application for a license under part I of the Federal Power Act, the Commission may permit an applicant, or a contractor, consultant or other person selected by the applicant, to prepare such environmental assessment. The Commission shall institute procedures, including pre-application consultations, to advise potential applicants of stuaies or other information foreseeably required by the Commission. The Commission may allow the filing of such applicant-prepared environmental assessments as part of the application. Nothing herein shall affect the Commission's responsibility to comply with the National Environmental Policy Act of 1969. (c) EFFECTIVE DATE. — This section shall take effect with respect to license applications filed after the enactment of this Act. SEC. 2404. IMPROVEMENT AT EXISTING FEDERAL FACILITIES. 16 USC 797 note. (a) STUDIES OF OPPORTUNITIES FOR INCREASED HYDROELECTRIC GENERATION. — The Secretary, in consultation with the Secretary of the Interior and the Secretary of the Army, shall perform recon-

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