Fishers Island Tidal Energy Project - Energy Highway

May 30, 2012 NYS TIDAL ENERGY DEVELOPMENT NY ENERGY HIGHWAY
16 U.S.C. § 661 Fish and Wildlife Impacts
This act requires consultation with federal and state fish and wildlife agencies where a federal project
impacts a body of water. FERC has its own independent consultation requirements under Section 10 (I)
of the Federal Power Act.
Endangered Species Act (ESA)
16 U.S.C. § 1531 Endangered Species Impact
Section 7 of the ESA requires consultation with the Secretary of the Interior prior to project
development to determine if endangered species may be present or adversely impacted by the project
development.
Marine Mammals Protection Act
16 U.S.C. § 1361 – 1407 Harassment of Endangered Mammals
This federal law prohibits the harassment, hunting or capture of depleted endangered marine mammals.
The project must prove that it does not “harass” protected marine mammals.
Submerged Land Act
43 U.S.C. § 1301 – Lease for Use of State Lands
The application of this law depends on the project location. At a minimum, the land lease would be
required for transmission lines to shore. Also, under the FPA, 16 U.S.C. § 814, licensee has the power of
eminent domain, which could possibly be used to acquire state lands. It should also be noted that
eminent domain authority has never been tested for in such an application.
Production Tax Credits
Section 45 IRS Code Renewable Energy Production Incentive (REPI)
The REPI would apply for tidal and wave energy projects and is structured such that municipal entities
may receive cash reimbursements from the federal government for capital projects which include
production of power from renewable energy sources.
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