US (United States) Code. Title 16. Chapter 47: Small hydroelectric power projects

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

.

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CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec.

2701. Establishment of program.

2702. Loans for feasibility studies.

(a) Loan authority.

(b) Cancellation.

2703. Loans for project costs.

(a) Authority.

(b) Preference.

(c) Information.

(d) Joint participation.

2704. Loan rates and repayment.

(a) Interest.

(b) Repayments.

2705. Simplified and expeditious licensing procedures.

(a) Establishment of program.

(b) Prerequisites.

(c) Fish and wildlife facilities.

(d) Exemptions from licensing requirements in certain

cases.

2706. New impoundments.

2707. Authorizations.

2708. Definitions.

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16 USC Sec. 2701 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2701. Establishment of program

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The Secretary shall establish a program in accordance with this

chapter to encourage municipalities, electric cooperatives,

industrial development agencies, nonprofit organizations, and other

persons to undertake the development of small hydroelectric power

projects in connection with existing dams which are not being used

to generate electric power.

-SOURCE-

(Pub. L. 95-617, title IV, Sec. 401, Nov. 9, 1978, 92 Stat. 3154.)

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REFERENCES IN TEXT

The Secretary, referred to in text, means the Secretary of

Energy, see section 2602(14) of this title.

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PROMULGATION OF IMPLEMENTING RULES AND REGULATIONS

Pub. L. 96-294, title IV, Sec. 408(d), June 30, 1980, 94 Stat.

718, provided that: ''The Secretary shall take such action 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) (amending 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 (appending sections 2705 and 2708 of this

title)''.

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16 USC Sec. 2702 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2702. Loans for feasibility studies

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(a) Loan authority

The Secretary, after consultation with the Commission, is

authorized to make a loan to any municipality, electric

cooperative, industrial development agency, nonprofit organization,

or other person to assist such person in defraying up to 90 percent

of the costs of -

(1) studies to determine the feasibility of undertaking 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 approval respecting such a project at

an existing dam or dams and of participating in any

administrative 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 economically feasible.

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(Pub. L. 95-617, title IV, Sec. 402, Nov. 9, 1978, 92 Stat. 3154.)

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REFERENCES IN TEXT

The Secretary, referred to in text, and the Commission, referred

to in subsec. (a), mean the Secretary of Energy and the Federal

Energy Regulatory Commission, respectively, see section 2602(3),

(14) of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2704, 2707 of this title;

title 42 section 7375.

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16 USC Sec. 2703 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2703. Loans for project costs

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(a) Authority

The Secretary is authorized to make loans to any municipality,

electric cooperative, industrial development agency, nonprofit

organization, 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 connection with an

existing dam or dams,

(2) all licenses and other required Federal, State, and local

approvals necessary for construction of the project have been

issued,

(3) the project will have no significant adverse environmental

effects, including significant adverse effects on fish and

wildlife, on recreational use of water, and on stream flow, and

(4) the project will not have a significant adverse effect on

any other use of the water used by such project.

The Secretary may make a commitment to make a loan under this

subsection to an applicant who has not met the requirements of

paragraph (2), pending compliance by such applicant with such

requirements. Such commitment shall be for period (FOOTNOTE 1) of

not to exceed 3 years unless the Secretary, in consultation with

the Commission, extends such period for good cause shown.

Notwithstanding any such commitment, no such loan shall be made

before such person has complied with such requirements.

(FOOTNOTE 1) So in original. Probably should be ''for a

period''.

(b) Preference

The Secretary shall give preference to applicants under this

section who do not have available 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 hydroelectric power

project receiving loans pursuant to this section shall furnish the

Secretary with such information as the Secretary may require

regarding equipment and services proposed to be used in the design,

construction, and operation 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 entitled 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 permitted by law, by applicants eligible to receive loans

under this section with respect to the same project.

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(Pub. L. 95-617, title IV, Sec. 403, Nov. 9, 1978, 92 Stat. 3155.)

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REFERENCES IN TEXT

The Secretary, referred to in text, and the Commission, referred

to in subsec. (a), mean the Secretary of Energy and the Federal

Energy Regulatory Commission, respectively, see section 2602(3),

(14) of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2704, 2707 of this title;

title 42 section 7375.

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16 USC Sec. 2704 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2704. Loan rates and repayment

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(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 resources 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 section 2702 of this

title) or

(2) 30 years (in the case of a loan under section 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.

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(Pub. L. 95-617, title IV, Sec. 404, Nov. 9, 1978, 92 Stat. 3155.)

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REFERENCES IN TEXT

In subsec. (a), ''section 1962d-17 of title 42'' was in the

original ''section 80 of the Water Resources Development 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.

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16 USC Sec. 2705 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2705. Simplified and expeditious licensing procedures

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(a) Establishment of program

The Commission shall establish, in such manner as the Commission

deems appropriate, consistent 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 construction or operation of any small

hydroelectric power project the Commission -

(1) shall assess the safety of existing structures in any

proposed project (including possible consequences associated with

failure of such structures), and

(2) shall provide an opportunity for consultation with the

Council on Environmental Quality 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 projects to make use of public funds and other

assistance for the design and construction of fish and wildlife

facilities which may be required in connection with any development

of such project.

(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 power projects having a

proposed installed capacity of 5,000 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 (a) of

such section 30 (16 U.S.C. 823a(a)); and subsections (c) and (d) of

such section 30 shall apply with respect to actions taken and

exemptions granted under this subsection. Except as specifically

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.

-SOURCE-

(Pub. L. 95-617, title IV, Sec. 405, Nov. 9, 1978, 92 Stat. 3156;

Pub. L. 96-294, title IV, Sec. 408(b), June 30, 1980, 94 Stat.

718.)

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REFERENCES IN TEXT

The Commission, referred to in text, means the Federal 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, as amended, which is

classified generally to chapter 12 (Sec. 791a et seq.) of this

title. Part I of the Federal Power Act is classified generally to

subchapter I (Sec. 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, referred to in

subsec. (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 Fish and Wildlife Coordination Act, referred to in subsec.

(b), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which

is classified generally to sections 661 to 666c of this title. For

complete classification of this Act to the Code, see 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, as amended, which is classified generally to

chapter 35 (Sec. 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.

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AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-294 added subsec. (d).

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 823c of this title.

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16 USC Sec. 2706 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2706. New impoundments

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Nothing in this chapter authorizes (1) the loan of funds for

construction of any new dam or other impoundment, or (2) the simple

and expeditious licensing of any such new dam or other impoundment.

-SOURCE-

(Pub. L. 95-617, title IV, Sec. 406, Nov. 9, 1978, 92 Stat. 3156.)

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16 USC Sec. 2707 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2707. Authorizations

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There are hereby authorized to be appropriated for each of the

fiscal years ending September 30, 1978, September 30, 1979, and

September 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 expended. There are hereby authorized to be

appropriated for each of the fiscal years ending September 30,

1978, September 30, 1979, September 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 expended.

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(Pub. L. 95-617, title IV, Sec. 407, Nov. 9, 1978, 92 Stat. 3156.)

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16 USC Sec. 2708 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 47 - SMALL HYDROELECTRIC POWER PROJECTS

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Sec. 2708. Definitions

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(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 kilowatts of installed

capacity;

(2) ''electric cooperative'' means any cooperative association

eligible to receive loans under section 904 of title 7;

(3) ''industrial development agency'' means any agency which is

permitted to issue obligations the interest on which is

excludable from gross income under section 103 of title 26;

(4) ''project costs'' means the cost of acquisiiton (FOOTNOTE

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 hydroelectric power

project;

(FOOTNOTE 1) So in original. Probably should be

''acquisition''.

(5) ''nonprofit organization'' means any organization 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 organization 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 construction of which

was completed or on (FOOTNOTE 2) before April 20, 1977, and which

does not require any construction or enlargement of impoundment

structures (other than repairs or reconstruction) in connection

with the installation of any small hydroelectric power project;

(FOOTNOTE 2) So in original. Probably should be ''on or''.

(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) of this section 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 -

(1) from the definition contained in such subsection (a)(1), or

(2) from any other provision of this chapter,

any project which utilizes or proposes to utilize natural water

features for the generation of electricity, without the need for

any dam or impoundment, in a manner which (as determined by the

Commission) will achieve the purposes of this chapter and will do

so without any adverse effect upon such natural water features.

-SOURCE-

(Pub. L. 95-617, title IV, Sec. 408, Nov. 9, 1978, 92 Stat. 3156;

Pub. L. 96-294, title IV, Sec. 408(a), (c), June 30, 1980, 94 Stat.

718; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

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AMENDMENTS

1986 - Subsec. (a)(3), (5). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which

for purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1980 - Subsec. (a). Pub. L. 96-294, Sec. 408(a), (c)(1),

designated existing provisions as subsec. (a) and, as so

designated, in par. (1) substituted ''30,000'' for ''15,000''.

Subsec. (b). Pub. L. 96-294, Sec. 408(c)(2), added subsec. (b).

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