; and (vi) whether information submitted with, or referenced in, the notification of intent is adequate to support the development of the license application. ; (B) by striking paragraph (2) and inserting the following: (2) Qualifying facility (A) In general The term qualifying facility means a facility that— (i) includes only— (I) the power house, power tunnel, penstocks, and tailrace; (II) any other water conveyance infrastructure connected directly to the powerhouse; (III) each primary line transmitting power from the facility to the point of junction with the distribution system or the interconnected primary transmission system; and (IV) any other new, miscellaneous structures used and useful in connection with the facility; and (ii) is determined under this section to meet the qualifying criteria. (B) Exclusions Notwithstanding subparagraph (A)(i)(IV) and section 3(11), the term qualifying facility does not include, with respect to the complete unit of improvement or development of a facility described in subparagraph (A)— (i) a dam or appurtenant work or structure (including a navigation structure); (ii) a dike; (iii) any other water retention or diversion infrastructure; (iv) an impoundment; (v) a shoreline; (vi) an access road; or (vii) any recreational or other infrastructure associated with an existing nonpowered dam or impoundment. ; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by inserting Federal or non-Federal after means any ; and (ii) by striking subparagraph (C) and inserting the following: (C) that— (i) for a non-Federal dam— (I) as of October 23, 2018, is not generating electricity using any hydropower-generating facility that is— (aa) licensed under this part; or (bb) exempted from the license requirements contained in this part; and (II) is regulated by an established dam safety program of the State in which the non-Federal dam is located; or (ii) for a Federal dam— (I) is available for non-Federal power development