16 U.S.C. § 2703 — Loans for project costs

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. 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