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S. 3021-100 <br />that the Commission's dam safety requirements apply to such <br />qualifying facility, and the associated qualifying nonpowered <br />dam, over the term of such license. <br />"(c) INTERAGENCY COMMUNICATIONS. —Interagency cooperation <br />in the preparation of environmental documents under the National <br />Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with <br />respect to an application for a license for a qualifying facility <br />under this section, and interagency communications relating to <br />licensing process coordination pursuant to this section, shall not— <br />"(1) be considered to be ex parte communications under <br />Commission rules; or <br />"(2) preclude an agency from participating in a licensing <br />proceeding under this part, providing that any agency partici- <br />pating as a party in a licensing proceeding under this part <br />shall, to the extent practicable, demonstrate a separation of <br />staff cooperating with the Commission under the National <br />Environmental Policy Act (42 U.S.C. 4321 et seq.) and staff <br />participating in the applicable proceeding under this part. <br />"(d) IDENTIFICATION OF NONPOWERED DAMS FOR HYDROPOWER <br />DEVELOPMENT.— <br />"(1) IN GENERAL. —Not later than 12 months after the date <br />of enactment of this section, the Commission, with the Secretary <br />of the Army, the Secretary of the Interior, and the Secretary <br />of Agriculture, shall jointly develop a list of existing nonpowered <br />Federal dams that the Commission and the Secretaries agree <br />have the greatest potential for non -Federal hydropower develop- <br />ment. <br />"(2) CoNSIDERATIONs.—In developing the list under para- <br />graph (1), the Commission and the Secretaries may consider <br />the following: <br />"(A) The compatibility of hydropower generation with <br />existing purposes of the dam. <br />"(B) The proximity of the dam to existing transmission <br />resources. <br />"(C) The existence of studies to characterize environ- <br />mental, cultural, and historic resources relating to the dam. <br />"(D) The effects of hydropower development on release <br />or flow operations of the dam. <br />"(3) AVAILABILITY. —The Commission shall — <br />"(A) provide the list developed under paragraph (1) <br />"(i) the Committee on Energy and Commerce, the <br />Committee on Transportation and Infrastructure, and <br />the Committee on Natural Resources, of the House <br />of Representatives; and <br />"(ii) the Committee on Environment and Public <br />Works, and the Committee on Energy and Natural <br />Resources, of the Senate; and <br />"(B) make such list available to the public. <br />"(e) DEFINITIONS. —For purposes of this section: <br />"(1) QUALIFYING CRITERIA. —The term `qualifying criteria' <br />means, with respect to a facility— <br />to— <br />"(Aof +ho rl.+o of on.n+mnn+ of +h;c aor+inn +ho <br />