
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC797d]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 797d. Third party contracting by FERC


(a) Environmental impact statements

    Where 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 [16 U.S.C. 791a et seq.], 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

    Where 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 [16 U.S.C. 791a et seq.], 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 studies 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 October 24, 1992.

(Pub. L. 102-486, title XXIV, Sec. 2403, Oct. 24, 1992, 106 Stat. 3097.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 4321 
of Title 42 and Tables.
    The Federal Power Act, referred to in subsecs. (a) and (b), is act 
June 10, 1920, ch. 285, 41 Stat. 1063, as amended. Part I of the Act is 
classified generally to this subchapter (Sec. 791a et seq.). For 
complete classification of this Act to the Code, see section 791a of 
this title and Tables.

                          Codification

    Section was enacted as part of the Energy Policy Act of 1992, and 
not as part of the Federal Power Act which generally comprises this 
chapter.
