MONTANA STATE LIBRARY 



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 Authority, background and guid«l(n«t tor 



MONTANA STATE LIBRARY 



1515 E. 6th AVE. 

 HELENA, MONTANA 59620 



JUL 2 





AUTHORITY, BACKGROUND AND GUIDELINES FOR 



DEPARTMENT RECOMMENDATIONS ON 

 WINTER FLOWS FOR SMALL HYDRO DEVELOPMENT 



I. Authority 



STATE OOCUMEWTSCOULBCnOPI 



JUL ?, n 1988 



MONTANA STATE UBRffff 

 1515E.6lhAME. 



A. The department, as the agency responsible for the manage- 

 ment of the state's fish and wildlife resources, partici- 

 pates in all federal and state permitting and licensing 

 processes for small hydro development. The department 

 conducts extensive review of small hydro projects, con- 

 sults with other agencies and makes recommendations to the 

 permitting and licensing agencies. 



B. The Fish and Wildlife Coordination Act authorizes the U.S. 

 Fish and VJildlife Service and state agencies responsible 

 for fish and wildlife resources to investigate all pro- 

 posed federal undertakings and non-federal actions needing 

 a federal permit or license which would impound, divert, 

 deepen, or otherwise control or modify a stream or other 

 body of water and to make recommendations to the federal 

 agency. In addition, the Act requires that wildlife con- 

 servation be coordinated with other features of water re- 

 source development programs. Since a federal licensing 

 procedure is an integral part of small hydro development, 

 FWP must be actively involved. Coordination with the U.S. 

 Fish and Wildlife Service is maintained on all hydro ap- 

 plications. 



C. The Federal Energy Regulatory Commission (FERC) is the 

 primary licensing and regulatory agency for non-federal 

 hydroelectric development. A small hydro developer must 

 obtain a FERC license or exemption from licensing if the 

 power is to be sold to a utility connected to an inter- 

 state grid system and/or on a navigable stream. The two 

 FERC procedures of primary concern to this policy are 

 minor license (short-form license) and case-by-case 

 exemptions. 



D. In 1980 FERC, responding to the Energy Security Act of 

 1980, issued Order 106 establishing regulations to exempt 

 certain projects on a case specific basis from all of 

 Part 1 of the Federal Power Act; including licensing. An 

 applicant for exemption must consult with fish and game 

 management agencies to solicit Terms and Conditions (T & 

 C's) necessary to protect fish and wildlife resources. 

 All prescribed T & C's are binding on the applicant if the 

 exemption is granted by FERC. 



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