§ 17211. Definition

For purposes of this part, the term “marine and hydrokinetic renewable energy” means electrical energy from—
(1) waves, tides, and currents in oceans, estuaries, and tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels; and
(4) differentials in ocean temperature (ocean thermal energy conversion).
The term “marine and hydrokinetic renewable energy” does not include energy from any source that uses a dam, diversionary structure, or impoundment for electric power purposes.