Sec. 408. DEFINITIONS
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## SEC. 408 DEFINITIONS ###
(a)For purposes of this title, 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 4 of the Rural Electrification Act of 1936 (7 U.S.C. 904); ####
(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 the Internal Revenue Code of 1954; ####
(4)“**project costs**” means the cost of acquisiiton11 or construction of all facilities and services and the cost of acquisition of all land and interest in land used in the design and construction and operation of a small hydroelectric power project; 11So in original. Probably should be “**acquisition**”. ####
(5)“**nonprofit organization**” means any organization described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954 and exempt from tax under section 501(a) of such Code (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) to such organization); ####
(6)“**existing dam**” means any dam, the construction of which was completed 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 3 of the Federal Power Act; and ####
(8)“**person**” has the meaning provided in section 3 of the Federal Power Act. ###
(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 title 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 title, 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 title and will do so without any adverse effect upon such natural water features. **[**[16 U.S.C. 2708](/us/usc/t16/s2708)**]** # TITLE V CRUDE OIL TRANSPORTATION SYSTEMS **[**Title V is not included in this compilation.**]** # TITLE VI MISCELLANEOUS PROVISIONS
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