; or (2) preclude an agency from participating in a licensing proceeding under this part. (d) Definitions For purposes of this section: (1) 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, release, or flow operations of the associated qualifying nonpowered dam. (2) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (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 the date of enactment of this section; (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 the date of enactment of this section, is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part. . 3. Obligation for payment of annual charges Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) is amended by adding at the end the following: (5) Any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences. .