[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.601]

[Page 99-100]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
            Subpart O_Conditions in FERC Hydropower Licenses
 
Sec. 1.601  What is the purpose of this subpart, and to what license proceedings does it apply?

    Authority: 16 U.S.C. 797(e), 811, 823d.

    Source: 70 FR 69817, Nov. 17, 2005, unless otherwise noted.

                           General Provisions


    (a) Hearing process. (1) The regulations in Sec. Sec. 1.601 through 
1.660 contain rules of practice and procedure applicable to hearings on 
disputed issues of material fact with respect to mandatory conditions 
that the Department of Agriculture, Forest Service (Forest Service) may 
develop for inclusion in a hydropower license issued under subchapter I 
of the Federal Power Act (FPA), 16 U.S.C. 791 et seq. The authority to 
develop these conditions is granted by FPA section 4(e), 16 U.S.C. 
797(e), which authorizes the Secretary of Agriculture to condition 
hydropower licenses issued by the Federal Energy Regulatory Commission 
(FERC).
    (2) The hearing process under this subpart does not apply to 
recommendations that the Forest Service may submit to FERC under FPA 
section 10(a), 16 U.S.C. 803(a).
    (3) The FPA also grants the Department of the Interior the authority 
to develop mandatory conditions and prescriptions, and the Department of 
Commerce the authority to develop mandatory prescriptions, for inclusion 
in a hydropower license. Where the Forest Service USDA and either or 
both of these other Departments develop conditions or prescriptions to 
be included in the same hydropower license and where the Departments 
agree to consolidate the hearings under Sec. 1.623:

[[Page 100]]

    (i) A hearing conducted under this subpart will also address 
disputed issues of material fact with respect to any condition or 
prescription developed by one of the other Departments; or
    (ii) A hearing requested under this subpart will be conducted by one 
of the other Departments, pursuant to 43 CFR 45.1 et seq. or 50 CFR 
221.1 et seq., as applicable.
    (4) The regulations in Sec. Sec. 1.601 through 1.660 will be 
construed and applied to each hearing process to achieve a just and 
speedy determination, consistent with adequate consideration of the 
issues involved and the provisions of Sec. 1.660(a).
    (b) Alternatives process. The regulations in Sec. Sec. 1.670 
through 1.673 contain rules of procedure applicable to the submission 
and consideration of alternative conditions under FPA section 33, 16 
U.S.C. 823d. That section allows any party to the license proceeding to 
propose an alternative to a condition deemed necessary by the Forest 
Service under section 4(e).
    (c) Reservation of authority. Where the Forest Service notifies FERC 
that it is reserving its authority to develop one or more conditions 
during the term of the license, the hearing and alternatives processes 
under this subpart for such conditions will be available if and when the 
Forest Service exercises its reserved authority. The Forest Service will 
consult with FERC and notify the license parties regarding how to 
initiate the hearing process and alternatives process at that time.
    (d) Applicability. (1) This subpart applies to any hydropower 
license proceeding for which the license has not been issued as of 
November 17, 2005 and for which one or more preliminary conditions or 
conditions have been or are filed with FERC.
    (2) If the Forest Service has already filed one or more preliminary 
conditions or conditions as of November 17, 2005, the special 
applicability provisions of Sec. 1.604 also apply.