Title 16, ConservationRelease 119-110

§2703 Loans for Project Costs

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

Last updated Sep 23, 2026|Official source

Summary

The Secretary can make loans for small hydroelectric projects that cover up to 75 percent of the project costs. Loans go to towns, electric co-ops, industrial development agencies, nonprofits, or other people. A loan can only be given if the project uses an existing dam, has all needed Federal, State, and local approvals, will not cause significant harm to the environment (including fish, wildlife, recreation, and stream flow), and will not significantly hurt other water uses. The Secretary may promise a loan before approvals are complete for up to 3 years (longer only for good cause), but the money is not paid until all approvals are met. The Secretary must favor applicants who have no other suitable financing and whose projects will show useful technical or economic results about producing and using power. Loan recipients must give the Secretary information about the equipment and services they will use. The Secretary can ban equipment he finds too costly, poor performing, or not fitting the program. Information collected will be made public except for items protected as confidential under section 796(d) of title 15. The Secretary should also encourage eligible parties to join together on the same project when allowed by law.

Full Legal Text

Title 16, §2703

Conservation, Source: USLM XML via OLRC

(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)
(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.

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 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110