16 U.S.C. § 2705 — Simplified and expeditious licensing pro-

Page 2215 TITLE 16—CONSERVATION § 2705 1 So in original. Probably should be ‘‘for a period’’. The Secretary may make a commitment to make a loan under this subsection to an appli- cant who has not met the requirements of para- graph (2), pending compliance by such applicant with such requirements. Such commitment shall be for period 1 of not to exceed 3 years unless the Secretary, in consultation with the Commission, extends such period for good cause shown. Not- withstanding any such commitment, no such loan shall be made before such person has com- plied with such requirements. (b) Preference The Secretary shall give preference to appli- cants under this section who do not have avail- able alternative financing which the Secretary deems appropriate to carry out the project and whose projects will provide useful information as to the technical and economic feasibility of— (1) the generation of electric energy by such projects, and (2) the use of energy produced by such projects. (c) Information Every applicant for a license for a small hy- droelectric power project receiving loans pursu- ant to this section shall furnish the Secretary with such information as the Secretary may re- quire regarding equipment and services proposed to be used in the design, construction, and oper- ation of such project. The Secretary shall have the right to forbid the use in such project of any equipment or services he finds inappropriate for such project by reason of cost, performance, or failure to carry out the purposes of this section. The Secretary shall make information which he obtains under this subsection available to the public, other than information described as enti- tled to confidentiality under section 796(d) of title 15. (d) Joint participation In making loans for small hydroelectric power projects under this section, the Secretary shall encourage joint participation, to the extent per- mitted by law, by applicants eligible to receive loans under this section with respect to the same project. (Pub. L. 95–617, title IV, § 403, Nov. 9, 1978, 92 Stat. 3155.) Editorial Notes REFERENCES IN TEXT The Secretary, referred to in text, and the Commis- sion, referred to in subsec. (a), mean the Secretary of Energy and the Federal Energy Regulatory Commis- sion, respectively, see section 2602(3), (14) of this title. § 2704. Loan rates and repayment (a) Interest Each loan made pursuant to this chapter shall bear interest at the discount or interest rate used at the time the loan is made for water re- sources planning projects under section 1962d–17 of title 42. Each such loan shall be for such term, as the Secretary deems appropriate, but not in excess of— (1) 10 years (in the case of a loan under sec- tion 2702 of this title) or (2) 30 years (in the case of a loan under sec- tion 2703 of this title). (b) Repayments Amounts repaid on loans made pursuant to this chapter shall be deposited into the United States Treasury as miscellaneous receipts. (Pub. L. 95–617, title IV, § 404, Nov. 9, 1978, 92 Stat. 3155.) Editorial Notes REFERENCES IN TEXT In subsec. (a), ‘‘section 1962d–17 of title 42’’ was in the original ‘‘section 80 of the Water Resources Develop- ment Act of 1974 (42 U.S.C. 1962–17(a))’’. The Secretary, referred to in subsec. (a), means the Secretary of Energy, see section 2602(14) of this title. § 2705. Simplified and expeditious licensing pro- cedures (a) Establishment of program The Commission shall establish, in such man- ner as the Commission deems appropriate, con- sistent with the applicable provisions of law, a program to use simple and expeditious licensing procedures under the Federal Power Act [16 U.S.C. 791a et seq.] for small hydroelectric power projects in connection with existing dams. (b) Prerequisites Before issuing any license under the Federal Power Act [16 U.S.C. 791a et seq.] for the con- struction or operation of any small hydro- electric power project the Commission— (1) shall assess the safety of existing struc- tures in any proposed project (including pos- sible consequences associated with failure of such structures), and (2) shall provide an opportunity for consulta- tion with the Council on Environmental Qual- ity and the Environmental Protection Agency with respect to the environmental effects of such project. Nothing in this subsection exempts any such project from any requirement applicable to any such project under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Endangered Species Act [16 U.S.C. 1531 et seq.], or any other provision of Federal law. (c) Fish and wildlife facilities The Commission shall encourage applicants for licenses for small hydroelectric power proj- ects to make use of public funds and other as- sistance for the design and construction of fish and wildlife facilities which may be required in connection with any development of such proj- ect. (d) Exemptions from licensing requirements in certain cases The Commission may in its discretion (by rule or order) grant an exemption in whole or in part from the requirements (including the licensing requirements) of part I of the Federal Power Act [16 U.S.C. 791a et seq.] to small hydroelectric Page 2216 TITLE 16—CONSERVATION § 2706 1 So in original. Probably should be ‘‘acquisition’’. 2 So in original. Probably should be ‘‘on or’’. power projects having a proposed installed ca- pacity of 10,000 kilowatts or less, on a case-by- case basis or on the basis of classes or categories of projects, subject to the same limitations (to ensure protection for fish and wildlife as well as other environmental concerns) as those which are set forth in subsections (c) and (d) of section 30 of the Federal Power Act [16 U.S.C. 823a (c) and (d)] with respect to determinations made and exemptions granted under subsection (b) of such section 30 [16 U.S.C. 823a(b)]; and sub- sections (c) and (d) of such section 30 shall apply with respect to actions taken and exemptions granted under this subsection. Except as specifi- cally provided in this subsection, the granting of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting the application (to such project) of the second sentence of subsection (b) of this section. (Pub. L. 95–617, title IV, § 405, Nov. 9, 1978, 92 Stat. 3156; Pub. L. 96–294, title IV, § 408(b), June 30, 1980, 94 Stat. 718; Pub. L. 113–23, §§ 3, 4(b), Aug. 9, 2013, 127 Stat. 493, 495.) Editorial Notes REFERENCES IN TEXT The Commission, referred to in text, means the Fed- eral Energy Regulatory Commission, see section 2602(3) of this title. The Federal Power Act, referred to in subsecs. (a), (b), and (d), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. Part I of the Federal Power Act is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. The Endangered Species Act, referred to in subsec. (b), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classi- fied generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 2013—Subsec. (d). Pub. L. 113–23 substituted ‘‘10,000 kilowatts’’ for ‘‘5,000 kilowatts’’ and ‘‘subsection (b) of such section 30’’ for ‘‘subsection (a) of such section 30’’. 1980—Subsec. (d). Pub. L. 96–294 added subsec. (d). § 2706. New impoundments Nothing in this chapter authorizes (1) the loan of funds for construction of any new dam or other impoundment, or (2) the simple and expe- ditious licensing of any such new dam or other impoundment. (Pub. L. 95–617, title IV, § 406, Nov. 9, 1978, 92 Stat. 3156.) § 2707. Authorizations There are hereby authorized to be appro- priated for each of the fiscal years ending Sep- tember 30, 1978, September 30, 1979, and Sep- tember 30, 1980, not to exceed $10,000,000 for loans to be made pursuant to section 2702 of this title, such funds to remain available until ex- pended. There are hereby authorized to be ap- propriated for each of the fiscal years ending September 30, 1978, September 30, 1979, Sep- tember 30, 1980, not to exceed $100,000,000 for loans to be made pursuant to section 2703 of this title, such funds to remain available until ex- pended. (Pub. L. 95–617, title IV, § 407, Nov. 9, 1978, 92 Stat. 3156.) § 2708. Definitions (a) For purposes of this chapter, the term— (1) ‘‘small hydroelectric power project’’ means any hydroelectric power project which is located at the site of any existing dam, which uses the water power potential of such dam, and which has not more than 30,000 kilo- watts of installed capacity; (2) ‘‘electric cooperative’’ means any cooper- ative association eligible to receive loans under section 904 of title 7; (3) ‘‘industrial development agency’’ means any agency which is permitted to issue obliga- tions the interest on which is excludable from gross income under section 103 of title 26; (4) ‘‘project costs’’ means the cost of acquisiiton 1 or construction of all facilities and services and the cost of acquisition of all land and interests in land used in the design and construction and operation of a small hy- droelectric power project; (5) ‘‘nonprofit organization’’ means any or- ganization described in section 501(c)(3) or 501(c)(4) of title 26 and exempt from tax under section 501(a) of title 26 (but only with respect to a trade or business carried on by such orga- nization which is not an unrelated trade or business, determined by applying section 513(a) of title 26 to such organization); (6) ‘‘existing dam’’ means any dam, the con- struction of which was completed or on 2 be- fore July 22, 2005, and which does not require any construction or enlargement of impound- ment structures (other than repairs or recon- struction) in connection with the installation of any small hydroelectric power project; (7) ‘‘municipality’’ has the meaning provided in section 796 of this title; and (8) ‘‘person’’ has the meaning provided in section 796 of this title. (b) The requirement in subsection (a)(1) that a project be located at the site of an existing dam in order to qualify as a small hydroelectric power project, and the other provisions of this chapter which require that a project be at or in connection with an existing dam (or utilize the potential of such dam) in order to be assisted under or included within such provisions, shall not be construed to exclude—