§ 2708. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2708]
TITLE 16--CONSERVATION
CHAPTER 47--SMALL HYDROELECTRIC POWER PROJECTS
Sec. 2708. Definitions
(a) For purposes of this chapter, 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 30,000 kilowatts of installed capacity;
(2) ``electric cooperative'' means any cooperative association
eligible to receive loans under section 904 of title 7;
(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 title 26;
(4) ``project costs'' means the cost of acquisiiton \1\ 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;
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\1\ So in original. Probably should be ``acquisition''.
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(5) ``nonprofit organization'' means any organization described
in section 501(c)(3) or 501(c)(4) of title 26 and exempt from tax
under section 501(a) of title 26 (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)
of title 26 to such organization);
(6) ``existing dam'' means any dam, the construction of which
was completed or on \2\ 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;
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\2\ So in original. Probably should be ``on or''.
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(7) ``municipality'' has the meaning provided in section 796 of
this title; and
(8) ``person'' has the meaning provided in section 796 of this
title.
(b) The requirement in subsection (a)(1) of this section that a
project be located at the site of an existing dam in order to qualify as
a small hydroelectric power project, and the other provisions of this
chapter which require that a project be at or in connection with an
existing dam (or utilize the potential of such dam) in order to be
assisted under or included within such provisions, shall not be
construed to exclude--
(1) from the definition contained in such subsection (a)(1), or
(2) from any other provision of this chapter,
any project which utilizes or proposes to utilize natural water features
for the generation of electricity, without the need for any dam or
impoundment, in a manner which (as determined by the Commission) will
achieve the purposes of this chapter and will do so without any adverse
effect upon such natural water features.
(Pub. L. 95-617, title IV, Sec. 408, Nov. 9, 1978, 92 Stat. 3156; Pub.
L. 96-294, title IV, Sec. 408(a), (c), June 30, 1980, 94 Stat. 718; Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Amendments
1986--Subsec. (a)(3), (5). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for
purposes of codification was translated as ``title 26'' thus requiring
no change in text.
1980--Subsec. (a). Pub. L. 96-294, Sec. 408(a), (c)(1), designated
existing provisions as subsec. (a) and, as so designated, in par. (1)
substituted ``30,000'' for ``15,000''.
Subsec. (b). Pub. L. 96-294, Sec. 408(c)(2), added subsec. (b).
