(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
(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
(4)“project costs” means the cost of acquisiiton  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)(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  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) 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.
 So in original. Probably should be “acquisition”.
The Commission, referred to in subsec. (b), means the Federal Energy Regulatory Commission, see section
2602(3) of this title.
2005—Subsec. (a)(6). Pub. L. 109–58substituted “July 22, 2005” for “April 20, 1977”.
1986—Subsec. (a)(3), (5). Pub. L. 99–514substituted “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”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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