Page:United States Statutes at Large Volume 119.djvu/1006

 119 STAT. 988

‘‘(i) the facility is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements, ‘‘(ii) the facility was placed in service before the date of the enactment of this paragraph and did not produce hydroelectric power on the date of the enactment of this paragraph, and ‘‘(iii) turbines or other generating devices are to be added to the facility after such date to produce hydroelectric power, but only if there is not any enlargement of the diversion structure, or construction or enlargement of a bypass channel, or the impoundment or any withholding of any additional water from the natural stream channel.’’. (4) FACILITIES.—Section 45(d) (relating to qualified facilities) is amended by adding at the end the following new paragraph: ‘‘(9) QUALIFIED HYDROPOWER FACILITY.—In the case of a facility producing qualified hydroelectric production described in subsection (c)(8), the term ‘qualified facility’ means— ‘‘(A) in the case of any facility producing incremental hydropower production, such facility but only to the extent of its incremental hydropower production attributable to efficiency improvements or additions to capacity described in subsection (c)(8)(B) placed in service after the date of the enactment of this paragraph and before January 1, 2008, and ‘‘(B) any other facility placed in service after the date of the enactment of this paragraph and before January 1, 2008. ‘‘(C) CREDIT PERIOD.—In the case of a qualified facility described in subparagraph (A), the 10-year period referred to in subsection (a) shall be treated as beginning on the date the efficiency improvements or additions to capacity are placed in service.’’. (d) INDIAN COAL.— (1) PRODUCTION FACILITIES.—Subsection (e) of section 45 (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ‘‘(10) INDIAN COAL PRODUCTION FACILITIES.— ‘‘(A) DETERMINATION OF CREDIT AMOUNT.—In the case of a producer of Indian coal, the credit determined under this section (without regard to this paragraph) for any taxable year shall be increased by an amount equal to the applicable dollar amount per ton of Indian coal— ‘‘(i) produced by the taxpayer at an Indian coal production facility during the 7-year period beginning on January 1, 2006, and ‘‘(ii) sold by the taxpayer— ‘‘(I) to an unrelated person, and ‘‘(II) during such 7-year period and such taxable year. ‘‘(B) APPLICABLE DOLLAR AMOUNT.— ‘‘(i) IN GENERAL.—The term ‘applicable dollar amount’ for any taxable year beginning in a calendar year means—

26 USC 45.

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