16 U.S.C. § 2702 — Loans for feasibility studies

Page 2214 TITLE 16—CONSERVATION § 2701 (1) all information gathered by the institute is available to the Secretary, the Commission, and the public, and (2) no portion of any such grant is used to support or oppose any legislative proposal ex- cept by means of testimony by representatives of the institute provided by invitation to a committee of Congress or of a State legisla- ture. (d) Authorization of appropriations There is authorized to be appropriated not more than $2,000,000 for each of the fiscal years 1979 and 1980 for purposes of making grants under this section. No amounts may be appro- priated for any fiscal year after the fiscal year 1980 to carry out the purposes of this section without a specific authorization of Congress. (Pub. L. 95–617, title VI, § 603, Nov. 9, 1978, 92 Stat. 3165.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(3), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. CODIFICATION This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter. CHAPTER 47—SMALL HYDROELECTRIC POWER PROJECTS Sec. 2701. Establishment of program. 2702. Loans for feasibility studies. 2703. Loans for project costs. 2704. Loan rates and repayment. 2705. Simplified and expeditious licensing proce- dures. 2706. New impoundments. 2707. Authorizations. 2708. Definitions. § 2701. Establishment of program The Secretary shall establish a program in ac- cordance with this chapter to encourage munici- palities, electric cooperatives, industrial devel- opment agencies, nonprofit organizations, and other persons to undertake the development of small hydroelectric power projects in connec- tion with existing dams which are not being used to generate electric power. (Pub. L. 95–617, title IV, § 401, Nov. 9, 1978, 92 Stat. 3154.) Editorial Notes REFERENCES IN TEXT The Secretary, referred to in text, means the Sec- retary of Energy, see section 2602(14) of this title. Statutory Notes and Related Subsidiaries PROMULGATION OF IMPLEMENTING RULES AND REGULATIONS Pub. L. 96–294, title IV, § 408(d), June 30, 1980, 94 Stat. 718, provided that: ‘‘The Secretary shall take such ac- tion as may be necessary to assure the establishment, as soon as possible after the date of the enactment of this Act [June 30, 1980] (and in any event within six months after such date in the case of the amendments made by subsections (a) and (c) of this section and in the case of the loan program under section 403 of the Public Utility Regulatory Policies Act of 1978) [amend- ing section 2708 of the title, and section 2703 of this title respectively], of such rules and regulations as may be necessary to fully implement his responsibilities under title IV of the Public Utility Regulatory Policies Act of 1978 [this subchapter] and the amendments thereto made by this section [amending sections 2705 and 2708 of this title]’’. § 2702. Loans for feasibility studies (a) Loan authority The Secretary, after consultation with the Commission, is authorized to make a loan to any municipality, electric cooperative, indus- trial development agency, nonprofit organiza- tion, or other person to assist such person in de- fraying up to 90 percent of the costs of— (1) studies to determine the feasibility of un- dertaking a small hydroelectric power project at an existing dam or dams and (2) preparing any application for a necessary license or other Federal, State, and local ap- proval respecting such a project at an existing dam or dams and of participating in any ad- ministrative proceeding regarding any such application. (b) Cancellation The Secretary may cancel the unpaid balance and any accrued interest on any loan granted pursuant to this section if he determines on the basis of the study that the small hydroelectric power project would not be technically or eco- nomically feasible. (Pub. L. 95–617, title IV, § 402, Nov. 9, 1978, 92 Stat. 3154.) 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. § 2703. Loans for project costs (a) Authority The Secretary is authorized to make loans to any municipality, electric cooperative, indus- trial development agency, nonprofit organiza- tion, or other person of up to 75 percent of the project costs of a small hydroelectric power project. No such loan may be made unless the Secretary finds that— (1) the project will be constructed in connec- tion with an existing dam or dams, (2) all licenses and other required Federal, State, and local approvals necessary for con- struction of the project have been issued, (3) the project will have no significant ad- verse environmental effects, including signifi- cant adverse effects on fish and wildlife, on recreational use of water, and on stream flow, and (4) the project will not have a significant ad- verse effect on any other use of the water used by such project.