Pub. L. 109-58, tit. II, subtit. C, sec. 244 (as amended)
ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
SEC. 244. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
Section 32 of the Federal Power Act (16 U.S.C. 823c) is amended—
(1) in subsection (a)(3)(C), by inserting “except as provided in subsection (j),” before “conditions”; and
(2) by adding at the end the following:
“(j) Fish and Wildlife.—If the State of Alaska determines that a recommendation under subsection (a)(3)(C) is inconsistent with paragraphs (1) and (2) of subsection (a), the State of Alaska may decline to adopt all or part of the recommendations in accordance with the procedures established under section 10(j)(2).”
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