; or (2) that is submitted on or after the date of enactment of this section. (c) Environmental review process (1) In general Except as provided under paragraph (2) and consistent with the Memorandum of Understanding, the Commission and the Secretary shall develop and implement an environmental review process for a licensing application at a qualifying facility, which shall include conducting the Commission prelicensing process concurrently with the process of preparing an environmental impact statement or environmental assessment under the jurisdiction of the Secretary that may be required to construct or operate a hydropower facility at a qualifying facility. (2) Exception The environmental review process shall not include a licensing application in which the proposed activity qualifies for a general permit under section 10 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1151, chapter 425; 33 U.S.C. 403 ) or section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or categorical permission under section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Act of 1899 ) (30 Stat. 1152, chapter 425