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15 USC 3210.
(b) SECRETARY.—Not later than 18 months after the date of the enactment of this Act and annually thereafter for 10 years, the Secretary shall submit a report to the President and the Congress containing
(1) a summary of the reports submitted under subsection (a), (2) his analysis of such reports, and
(3) his actions under this title, and his recommendations for such further Federal actions, including any legislation, regarding retail gas utility rates (and other practices) as may be necessary to
carry out the purposes of this title.
For purposes of this title, proceedings commenced by any State regulatory authority (with respect to gas utilities for which it has ratemaking authority) and any nonregulated gas utility before the date of the enactment of this Act and actions taken before such date in such proceedings shall be treated as complying with the requirements of this title if such proceedings and actions substantially conform to such requirements. For purposes of this title, any such proceeding or action commenced before the
date of enactment of this Act but not completed before such date shall comply with the requirements of this title, to the maximum extent practicable, with respect to so much of such proceeding or action as takes place after such date. SEC. 311. RELATIONSHIP TO OTHER AUTHORITY.
Nothing in this title shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.
15 USC 3211.
TITLE IV-SMALL HYDROELECTRIC POWER
16 USC 2701.
16 USC 2702.
SEC. 401. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish a program in accordance with this title 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. SEC. 402. 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, 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 administra
tive 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.
16 USC 2703.
SEC. 403. LOANS FOR PROJECT COSTS.
(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 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.
(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 11(d) of the Energy Supply and Environmental Coordination Act of 1974.
(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. SEC. 404. LOAN RATES AND REPAYMENT.
(a) INTEREST.-Each loan made pursuant to this title shall bear interest at the discount or interest rate used at the time the loan is made for water resources planning projects under section 80 of the Water Resources Development Act of 1974 (42 U.S.C. 1962–17(a)). 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 402) or
15 USC 796.
16 USC 2704
(b) REPAYMENTS.-Amounts repaid on loans made pursuant to this title shall be deposited into the United States Treasury as miscel
laneous receipts. 16 USC 2705. SEC. 405. SIMPLIFIED AND EXPEDITIOUS LICENSING PROCEDURES.
(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 for small hydroelectric power projects in connection with existing dams.
(b) PREREQUISITES.—Before issuing any license under the Federal Power Act 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 require
ment applicable to any such project under the National Environ42 USC 4321 mental Policy Act of 1969, the Fish and Wildlife Coordination Act, note, 16 USC 661 the Endangered Species Act, or any other provision of Federal law.
(c) Fish AND WILDLIFE FACILITIES.—The Commission shall 16 USC 1531
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. 16 USC 2706. SEC. 406. NEW IMPOUNDMENTS.
Nothing in this title authorizes (1) the loan of funds for construction of any new dam or other impoundment, or (2) the simple and expedi
tious licensing of any such new dam or other impoundment. 16 USC 2707. SEC. 407. AUTHORIZATIONS.
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 402, 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 403,
such funds to remain available until expended. 16 USC 2708. SEC. 408. DEFINITIONS.
For purposes of this title, 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 15,000 kilowatts of installed capacity;
(2) "electric cooperative" means any cooperative association eligible to receive loans under section 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904);
(3) "industrial development agency" means any agency which is permitted to issue oblígations the interest on which is exclud
able from gross income under section 103 of the Internal Revenue 26 USC 103.
Code of 1954;
(4). "project costs” means the cost of acquisiiton 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;
(5) "nonprofit organization" means any organization described in section 501(c)(3) or 501(c)(4) of the Internal Revenue ode of 1954 and exempt from tax under section 501(a) of such Code 26 USC 501. (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) to such organization); 26 USC 513.
(6) “existing dam” means any dam, the construction of which was completed or on 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;
(7) “municipality" has the meaning provided in section 3 of the Federal Power Act; and
16 USC 796. (8) “person" has the meaning provided in section 3 of the Federal Power Act.
TITLE V-CRUDE OIL TRANSPORTATION
SYSTEMS (Note: Title V appears in part A of volume I of this compilation.]
TITLE VI-MISCELLANEOUS PROVISIONS
SEC. 601. STUDY CONCERNING ELECTRIC RATES OF STATE UTILITY
AGENCIES. (a) STUDY AND REPORT.---The Secretary, in consultation with the Commission and appropriate State regulatory authorities and other persons, shall conduct a study concerning the effects of provisions of Federal law on rate established by State utility agencies. The Secretary shall submit a report to Congress containing the results of such study not later than 1 year after the date of the enactment of this Act.
(b) DEFINITION.-The term “State utility agency” means an agency of a State (not including any political subdivision or agency thereof or any public power district) which is an electric utility. SEC. 602. SEASONAL DIVERSITY ELECTRICITY EXCHANGE.
(a) AUTHORITY.— The Secretary may acquire rights-of-way by purchase, including eminent domain, through North Dakota, South Dakota, and Nebraska for transmission facilities for the seasonal diversity exchange of electric power to and from Canada if he determines
(1) after opportunity for public hearing
(A) that the exchange is in the public interest and would further the purposes referred to in section 101 (1) and (2) of this Act and that the acquisition of such rights-of-way and the construction and operation of such transmission facilities for such purposes is otherwise in the public interest,
(B) that a permit has been issued in accordance with subsection (b) for such construction, operation, maintenance, and connection of the facilities at the border for the transmission of electric energy between the United States and Canada as is necessary for such exchange of electric power, and
(C) that each affected State has approved the portion of the transmission route located in each State in accordance with applicable State law, or if there is no such applicable State law in such State, the Governor has approved such portion:
and (2) after consultation with the Secretary of the Interior and the heads of other affected Federal agencies, that the Secretary of the Interior and the heads of such, other agencies concur in writing in the location of such portion of the transmission facilities as crosses Federal land under the jurisdiction of such Secretary or such other
Federal agency, as the case may be. The Secretary shall provide to any State such cooperation and technical assistance as the State may request and as he determines appropriate in the selection of a transmission route. If the transmission route
Cooperation and technical assistance.