Title 16ConservationRelease 119-73

§2703 Loans for project costs

Title 16 › Chapter CHAPTER 47— - SMALL HYDROELECTRIC POWER PROJECTS › § 2703

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make loans up to 75 percent of the project costs to local governments, electric cooperatives, industrial development agencies, nonprofits, or others for small hydroelectric projects. Loans are allowed only if the project is built at an existing dam, all required federal, state, and local permits and licenses are issued, and the project will not cause significant harm to the environment, fish and wildlife, recreational water use, stream flow, or other uses of the water. Applicants without other suitable financing and whose projects will show whether small hydropower can generate and use energy will get preference. Applicants must give the Secretary information about the equipment and services they plan to use. The Secretary may ban equipment that is too costly, performs poorly, or defeats the program’s purpose. Non-confidential information will be made public unless protected under section 796(d) of title 15. Joint participation by eligible applicants is encouraged where allowed by law.

Full Legal Text

Title 16, §2703

Conservation — Source: USLM XML via OLRC

(a)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.
(b)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 2703

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73