; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law to approve or implement the license, license amendment, or exemption under this part. (2) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (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, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. (3) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (4) 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 the date of enactment of this section; (B) that is operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, or flood control purposes; (C) that, as of the date of enactment of this section, is not equipped with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part; and (D) that, in the case of a non-Federal dam, has been certified by an independent consultant approved by the Commission as complying with the Commission’s dam safety requirements. .