dreamproit/uscode huggingface dataset:
16 U.S.C. § 2631 (CONSERVATION)
§ 2631. Intervention in proceedings
(a) Authority to intervene and participate
In order to initiate and participate in the consideration of one or more of the standards established by subchapter II or other concepts which contribute to the achievement of the purposes of this chapter, the Secretary, any affected electric utility, or any electric consumer of an affected electric utility may intervene and participate as a matter of right in any ratemaking proceeding or other appropriate regulatory proceeding relating to rates or rate design which is conducted by a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or by a nonregulated electric utility.
(b) Access to information
Any intervenor or participant in a proceeding described in subsection (a) shall have access to information available to other parties to the proceeding if such information is relevant to the issues to which his intervention or participation in such proceeding relates. Such information may be obtained through reasonable rules relating to discovery of information prescribed by the State regulatory authority (in the case of proceedings concerning electric utilities for which it has ratemaking authority) or by the nonregulated electric utility (in the case of a proceeding conducted by a nonregulated electric utility).
(c) Effective date; procedures
Any intervention or participation under this section, in any proceeding commenced before November 9, 1978, but not completed before such date, shall be permitted under this section only to the extent such intervention or participation is timely under otherwise applicable law.
(Pub. L. 95–617, title I, § 121, Nov. 9, 1978, 92 Stat. 3128.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2641 (CONSERVATION)
§ 2641. Voluntary guidelines
The Secretary may prescribe voluntary guidelines respecting the standards established by sections 2621(d) and 2623(b) of this title. Such guidelines may not expand the scope or legal effect of such standards or establish additional standards respecting electric utility rates.
(Pub. L. 95–617, title I, § 131, Nov. 9, 1978, 92 Stat. 3131.)
16 U.S.C. § 2644 (CONSERVATION)
§ 2644. Relationship to other authority
Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.
(Pub. L. 95–617, title I, § 134, Nov. 9, 1978, 92 Stat. 3133.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.
16 U.S.C. § 2645 (CONSERVATION)
§ 2645. Utility regulatory institute
(a) Matching grants
The Secretary may make grants under this section to an institute established by the National Association of Regulatory Utility Commissioners to enable such institute to—
(1) conduct research on electric and gas utility regulatory policy issues,
(2) develop data processing and retrieval methods for electric and gas utility ratemaking, and
(3) perform other functions directly related to assisting State regulatory authorities in carrying out their functions under State law and this Act.
(b) Federal share
Grants under this section shall not be used to provide more than the following percentages of the cost to the institute of carrying out the activities specified in subsection (a):
(1) 80 percent for the fiscal year 1979; and
(2) 60 percent for the fiscal year 1980.
The remaining amounts expended by the institute may not be provided from Federal sources.
(c) Restrictions
Grants under this section may not be made subject to terms and conditions other than those the Secretary deems necessary for purposes of administering this section and for purposes of assuring that—
(1) all information gathered by the institute is available to the Secretary, the Commission, and the public, and
(2) no portion of any such grant is used to support or oppose any legislative proposal except by means of testimony by representatives of the institute provided by invitation to a committee of Congress or of a State legislature.
(d) Authorization of appropriations
There is authorized to be appropriated not more than $2,000,000 for each of the fiscal years 1979 and 1980 for purposes of making grants under this section. No amounts may be appropriated for any fiscal year after the fiscal year 1980 to carry out the purposes of this section without a specific authorization of Congress.
(Pub. L. 95–617, title VI, § 603, Nov. 9, 1978, 92 Stat. 3165.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (a)(3), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, known as the Public Utility Regulatory Policies Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables.
heading: Codification
text: This section was not enacted as part of title I of Pub. L. 95–617 which comprises this chapter.
16 U.S.C. § 2701 (CONSERVATION)
§ 2701. Establishment of program
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.
(Pub. L. 95–617, title IV, § 401, Nov. 9, 1978, 92 Stat. 3154.)
heading: Editorial Notes
heading: References in Text
text: The Secretary, referred to in text, means the Secretary of Energy, see section 2602(14) of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Promulgation of Implementing Rules and Regulations
text: Pub. L. 96–294, title IV, § 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 [amending sections 2705 and 2708 of this title]”.
16 U.S.C. § 2702 (CONSERVATION)
§ 2702. 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 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.
(Pub. L. 95–617, title IV, § 402, Nov. 9, 1978, 92 Stat. 3154.)
heading: Editorial Notes
heading: References in Text
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.
16 U.S.C. § 2703 (CONSERVATION)
§ 2703. 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 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.
(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.
(Pub. L. 95–617, title IV, § 403, Nov. 9, 1978, 92 Stat. 3155.)
heading: Editorial Notes
heading: References in Text
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.
16 U.S.C. § 2704 (CONSERVATION)
§ 2704. Loan rates and repayment
(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.
(Pub. L. 95–617, title IV, § 404, Nov. 9, 1978, 92 Stat. 3155.)
heading: Editorial Notes
heading: References in Text
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.
16 U.S.C. § 2706 (CONSERVATION)
§ 2706. New impoundments
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.
(Pub. L. 95–617, title IV, § 406, Nov. 9, 1978, 92 Stat. 3156.)
16 U.S.C. § 2707 (CONSERVATION)
§ 2707. 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 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.
(Pub. L. 95–617, title IV, § 407, Nov. 9, 1978, 92 Stat. 3156.)
16 U.S.C. § 2802 (CONSERVATION)
§ 2802. Definitions
As used in this chapter, unless the context otherwise requires—
(1) The term “aquaculture” means the propagation and rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching (except private ocean ranching of Pacific salmon for profit in those States where such ranching is prohibited by law).
(2) The term “aquaculture facility” means any land, structure, or other appurtenance that is used for aquaculture and is located in any State. Such term includes, but is not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.
(3) The term “aquatic species” means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant.
(4) The term “coordinating group” means the interagency aquaculture coordinating group established by section 2805 of this title.
(5) The term “person” means any individual who is a citizen or national of the United States or of any State, any Indian tribe, any institution of higher education, and any corporation, partnership, association or other entity (including, but not limited to, any community development corporation, producer cooperative, or fishermen’s cooperative) organized or existing under the laws of any State.
(6) The term “Plan” means the National Aquaculture Development Plan required to be established under section 2803 of this title.
(7) The term “Secretaries” means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior.
(8) The term “Secretary” means the Secretary of Agriculture.
(9) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.
(Pub. L. 96–362, § 3, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 99–198, title XVII, § 1733, Dec. 23, 1985, 99 Stat. 1641.)
heading: Editorial Notes
heading: Amendments
text: 1985—Pars. (8), (9). Pub. L. 99–198 added par. (8) and redesignated former par. (8) as (9).
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
16 U.S.C. § 2806 (CONSERVATION)
§ 2806. Contracts and grants
(a) In general
The Secretaries may each carry out any action that such Secretary is responsible for implementing under the Plan through grants to, or contracts with, any person, any other Federal department or agency, any State agency, or any regional commission.
(b) Terms and conditions
Any contract entered into, or any grant made, under subsection (a) shall contain such terms and conditions as the Secretary concerned shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States. No contract may be entered into, and no grant may be made under subsection (a), for any purpose that is in violation of any applicable State or local law.
(c) Limitation
The amount of any grant made under subsection (a) may not exceed an amount equal to one-half the estimated cost of the project for which the grant is made.
(d) Audit
Each recipient of a grant or contract under this section shall make available to the Secretary concerned and to the Comptroller General of the United States, for purposes of audit and examination, any book, document, paper, or record that is pertinent to the funds received under such grant or contract.
(Pub. L. 96–362, § 7, Sept. 26, 1980, 94 Stat. 1204.)
16 U.S.C. § 2807 (CONSERVATION)
§ 2807. Capital requirements for aquaculture
(a) Capital requirements study
The Secretaries, through the coordinating group, shall conduct within twelve months after September 26, 1980, a study of the capital requirements of the United States aquaculture industry. The study shall—
(1) document and analyze any capital constraints that affect the development of aquaculture in the United States; and
(2) evaluate the role that appropriate Federal financial assistance does or could play in filling gaps in the normal credit market with respect to aquaculture.
The study will identify the capital needs of the United States aquaculture industry, with emphasis on the needs that are not being filled either in normal credit channels or through government programs for direct loans, loan guarantees, disaster loans, and insurance. Upon its completion, the Secretaries shall submit the results of the study to Congress.
(b) Capital requirements plan
Based on the results of the Capital Requirements Study conducted under subsection (a), and within six months of the completion of the study, the Secretaries shall formulate a plan for acting on the study’s findings. The plan shall include: (1) those Federal actions, if any, found to be necessary to meet financial needs unmet through normal credit channels and existing Federal programs; and (2) recommendations, if any, for legislative actions. Upon completion, the plan shall be submitted to Congress.
(Pub. L. 96–362, § 8, Sept. 26, 1980, 94 Stat. 1204.)
16 U.S.C. § 2808 (CONSERVATION)
§ 2808. Regulatory constraints on aquaculture
(a) Regulatory constraints study
The Secretaries, through the coordinating group, shall conduct, within twelve months after September 26, 1980, a study of the State and Federal regulatory restrictions to aquaculture development in the United States. The study shall—
(1) include a literature review and a descriptive list identifying the parameters of the issue;
(2) identify and list relevant current and pending Federal regulations restricting the development of commercial aquaculture operations;
(3) identify and list relevant current State regulations restricting the development of commercial aquaculture operations in five States selected randomly in five separate geographic regions of the United States;
(4) conduct case studies of ten commercial aquaculture operations in the United States representing a wide range of marine and fresh water species to determine the practical effects of regulatory restrictions on aquaculture; and
(5) develop a flow-chart time line using the information obtained by means of paragraphs (1) through (4) to identify those regulations and restrictions that could have the most detrimental effect in establishing commercial aquaculture operations in the United States.
Upon completion of the study, the Secretaries shall submit its results to Congress.
(b) Regulatory constraints plan
Based on the results of the Regulatory Constraints Study conducted under subsection (a), and within six months of the study’s completion, the Secretaries shall formulate a plan for acting on the study’s findings. The plan will contain specific steps the Federal Government can take to remove unnecessarily burdensome regulatory barriers to the initiation and operation of commercial aquaculture ventures. Upon its completion, the Secretaries shall submit the plan to Congress.
(Pub. L. 96–362, § 9, Sept. 26, 1980, 94 Stat. 1205.)
16 U.S.C. § 2810 (CONSERVATION)
§ 2810. Disclaimer
Nothing in this chapter shall be construed to amend, repeal, or otherwise modify the authority of any Federal officer, department, or agency to perform any function, responsibility, or activity authorized under any other provision of law.
(Pub. L. 96–362, § 11, Sept. 26, 1980, 94 Stat. 1206.)
16 U.S.C. § 2901 (CONSERVATION)
§ 2901. Congressional findings and declaration of purpose
(a) Findings
The Congress finds and declares the following:
(1) Fish and wildlife are of ecological, educational, esthetic, cultural, recreational, economic, and scientific value to the Nation.
(2) The improved conservation and management of fish and wildlife, particularly nongame fish and wildlife, will assist in restoring and maintaining fish and wildlife and in assuring a productive and more esthetically pleasing environment for all citizens.
(3) Many citizens, particularly those residing in urban areas, have insufficient opportunity to participate in recreational and other programs designed to foster human interaction with fish and wildlife and thereby are unable to have a greater appreciation and awareness of the environment.
(4) Historically, fish and wildlife conservation programs have been focused on the more recreationally and commercially important species within any particular ecosystem. As a consequence such programs have been largely financed by hunting and fishing license rev­enues or excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the conservation needs of nongame fish and wildlife.
(5) Each State should be encouraged to develop, revise, and implement, in consultation with appropriate Federal, State, and local and regional agencies, a plan for the conservation of fish and wildlife, particularly those species which are indigenous to the State.
(b) Purpose
It is the purpose of this chapter—
(1) to provide financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife; and
(2) to encourage all Federal departments and agencies to utilize their statutory and administrative authority, to the maximum extent practicable and consistent with each agency’s statutory responsibilities, to conserve and to promote conservation of nongame fish and wildlife and their habitats, in furtherance of the provisions of this chapter.
(Pub. L. 96–366, § 2, Sept. 29, 1980, 94 Stat. 1322.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 96–366, § 1, Sept. 29, 1980, 94 Stat. 1322, provided: “That this Act [enacting this chapter] may be cited as the ‘Fish and Wildlife Conservation Act of 1980’.”