Page:United States Statutes at Large Volume 92 Part 3.djvu/524

 92 STAT. 3 1 5 6 > J- = '

16 USC 2705.

PUBLIC LAW 95-617—NOV. 9, 1978

(lb) REPAYMENTS.—Amounts repaid on loans made pursuant to this title shall be deposited into the United States Treasury as miscellaneous receipts. SEC. 405. SIMPLIFIED AND EXPEDITIOUS LICENSING PROCEDURES. (a) ESTABLISHMENT OF PROGRAM.—The Commission shall establish,

16 USC 791a.

42 USC 4321 note, 16 USC 661 •lote.

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 requirement applicable to any such project under the National Environmental Policy Act of 1969, the F i s h and Wildlife Coordination Act, the E n d a n g e r e d Species Act, or any other provision of Federal law. (c)

-^•1^^^ ^^^^ note.

16 USC 2706.

16 USC 2707.

16 USC 2708.

,,,, i,;: i

26 USC 103.

FISH

AND W I L D L I F E

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. 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 expeditious licensing of any such new d a m or other impoundment. 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. The r e 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. SEC. 408. DEFINITIONS. For purposes of this title, the term— (1) "small hydroelectric power project" means any hydroelectric power project which is located a t 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 R u r a l Electrification Act of 1936 (7 U.S.C. 9 0 4); (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 the I n t e r n a l Revenue Code of 1954;

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