42 U.S.C. § 17211. Definition

For purposes of this part, the term “marine and hydrokinetic renewable energy” means electrical energy from—

  1. (1)
    (1)waves, tides, and currents in oceans, estuaries, and tidal areas;
  2. (2)
    (2)free flowing water in rivers, lakes, and streams;
  3. (3)
    (3)free flowing water in man-made channels; and
  4. (4)
    (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.
(Pub. L. 110–140, title VI, § 632, Dec. 19, 2007, 121 Stat. 1686.)