§2708 — Title 16 Conservation | U.S. Code

Summary

Sets plain meanings for important words used in this chapter. A "small hydroelectric power project" is a plant placed at an existing dam that uses that dam’s water power and has no more than 30,000 kilowatts of installed capacity. An "electric cooperative" is a cooperative eligible for loans under section 904 of title 7. An "industrial development agency" is an agency allowed to issue tax-exempt bonds under section 103 of title 26. "Project costs" means the cost to build or buy the facilities and land for the project. A "nonprofit organization" means an entity described in section 501(c)(3) or 501(c)(4) and tax-exempt under section 501(a), limited by section 513(a). An "existing dam" is one finished on or before July 22, 2005, that needs no new impoundment work (beyond repairs) to add a small hydro project. "Municipality" and "person" have the meanings given in section 796 of this title. The law also says the rule that a project must be at an existing dam, and other parts of the chapter that tie help to existing dams, should not be read to exclude things listed elsewhere in the chapter.

Title 16, §2708

Conservation — Source: USLM XML via OLRC

(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 11 So in original. Probably should be “acquisition”. 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;

(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 22 So in original. Probably should be “on or”. before July 22, 2005, 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;

(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) 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,

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Commission, referred to in subsec. (b), means the Federal Energy Regulatory Commission, see section 2602(3) of this title.

Amendments

2005—Subsec. (a)(6). Pub. L. 109–58 substituted “

July 22, 2005” for “

April 20, 1977”. 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, § 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, § 408(c)(2), added subsec. (b).

§2708 Definitions