qualifying nonpowered dam
(3) Qualifying nonpowered dam The term “qualifying nonpowered dam” means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before October 23, 2018 ; (B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and (C) that, as of October 23, 2018 , is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this subchapter.