Page:United States Statutes at Large Volume 106 Part 4.djvu/364

 106 STAT. 3100 PUBLIC LAW 102-486—OCT. 24, 1992 the Federal Power Act, to the following facilities located in the State of Alaska: (1) a project located at Sitka, Alaska, with application numbered tJL89-08-000; (2) a project located at Juneau, Alaska, with preUminary '/' permit numbered 10681-000; and (3) a project located near Nondalton, Alaska, with application numbered EL88-25-001. (b) CAPACITY LIMITATIONS.— No exemption under subsection (a) shall be applicable to any facility the installed capacity of which exceeds 5 megawatts. (c) MANDATORY TERMS AND CONDITIONS. — In making the determination under subsection (a), the Commission shall consult with the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency exercising administration over the fish and wildlife resources of the State of Alaska, in the manner provided by the Fish and Wildlife Coordination Act (16 U.S.C. 661, et seq.), and shall include in any such exemption— (1) such terms and conditions as the Fish and Wildlife Service, National Marine Fisheries Service, and the State agency each determine are appropriate to prevent loss of, or damage to, such resources and to otherwise carry out the purposes of such Act, and (2) such terms and conditions as the Commission deems appropriate to ensure that such facility continues to comply with the provisions of this section and terms and conditions included in any such exemption. (d) ENFORCEMENT.—Any violation of a term or condition of any exemption granted under subsection (a) shall be treated as a violation of a rule or order of the Commission under the Federal Power Act. (e) FEES.—The Commission may establish fees which shall be paid by an applicant for a license or exemption for a project that is required to meet terms and conditions set by fish and wildlife agencies under subsection (c). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in subsection (c) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended. (f) EXPEDITED PROCESSING.— ^A completed application for an exemption under this section shall be acted on by the Commission in an expedited manner, in accordemce with this section, within 6 months after the date on which the application for such exemption is applied for, or as promptly as practicable thereafter. 16 USC 797 note. SEC. 2408. PROJECTS ON FRESH WATERS IN STATE OF HAWAIL The Federal Energy Regulatory Commission, in consultation with the State of Hawaii, shall carry out a study of hydroelectric Reports. Ucensing in the State of Hawaii. For purposes of considering whether such Ucensing should be transferred to the State, within 18 months after the enactment of this Act, the Commission shall complete the study and submit a report containing the results ^^ of the study to the Committee on Energy and Commerce of the United States House of Representatives and to the Committee

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