qualifying criteria
(1) Qualifying criteria The term “qualifying criteria” means, with respect to a facility— (A) as of October 23, 2018 , the facility is not licensed under, or exempted from the license requirements contained in, this subchapter; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam.