{"identifier":"/us/usc/t16/s2708","title":16,"num":"\u00a7\u202f2708.","heading":"Definitions","text":"\u00a7\u202f2708.\nDefinitions\n(a) For purposes of this chapter, the term\u2014\n(1) \u201csmall hydroelectric power project\u201d 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;\n(2) \u201celectric cooperative\u201d means any cooperative association eligible to receive loans under\nsection 904 of title 7\n(3) \u201cindustrial development agency\u201d means any agency which is permitted to issue obligations the interest on which is excludable from gross income under\nsection 103 of title 26\n(4) \u201cproject costs\u201d means the cost of acquisiiton\n1\n1 So in original. Probably should be \u201cacquisition\u201d.\n(5) \u201cnonprofit organization\u201d means any organization described in section 501(c)(3) or 501(c)(4) of title 26 and exempt from tax under\nsection 501(a) of title 26\nsection 513(a) of title 26\n(6) \u201cexisting dam\u201d means any dam, the construction of which was completed or on\n2\n2 So in original. Probably should be \u201con or\u201d.\nJuly 22, 2005\n(7) \u201cmunicipality\u201d has the meaning provided in\nsection 796 of this title\n(8) \u201cperson\u201d has the meaning provided in\nsection 796 of this title\n(b) The requirement in subsection (a)(1) 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\u2014\n(1) from the definition contained in such subsection (a)(1), or\n(2) from any other provision of this chapter,\nany 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.","url":"https://projectusc.org/usc/t16/s2708.html","content":[{"t":"sec","id":"/us/usc/t16/s2708","children":[{"t":"num","text":"\u00a7\u202f2708."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t16/s2708/a","children":[{"t":"num","text":"(a)"},{"t":"chapeau","text":" For purposes of this chapter, the term\u2014"},{"t":"para","id":"/us/usc/t16/s2708/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201csmall hydroelectric power project\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201celectric cooperative\u201d means any cooperative association eligible to receive loans under ","children":[{"t":"ref","text":"section 904 of title 7","href":"/us/usc/t7/s904","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cindustrial development agency\u201d means any agency which is permitted to issue obligations the interest on which is excludable from gross income under ","children":[{"t":"ref","text":"section 103 of title 26","href":"/us/usc/t26/s103","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cproject costs\u201d means the cost of acquisiiton\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cacquisition\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cacquisition\u201d.","tail":" 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;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cnonprofit organization\u201d means any organization described in section 501(c)(3) or 501(c)(4) of title 26 and exempt from tax under ","children":[{"t":"ref","text":"section 501(a) of title 26","href":"/us/usc/t26/s501/a","tail":" (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 "},{"t":"ref","text":"section 513(a) of title 26","href":"/us/usc/t26/s513/a","tail":" to such organization);"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cexisting dam\u201d means any dam, the construction of which was completed or on\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201con or\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201con or\u201d.","tail":" before "},{"t":"text","text":"July 22, 2005","tail":", 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;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cmunicipality\u201d has the meaning provided in ","children":[{"t":"ref","text":"section 796 of this title","href":"/us/usc/t16/s796","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/a/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cperson\u201d has the meaning provided in ","children":[{"t":"ref","text":"section 796 of this title","href":"/us/usc/t16/s796","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s2708/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" The requirement in subsection (a)(1) 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\u2014"},{"t":"para","id":"/us/usc/t16/s2708/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" from the definition contained in such subsection (a)(1), or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s2708/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" from any other provision of this chapter,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}