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S. 3021-101 <br />"(C) the facility will be constructed, operated, and <br />maintained for the generation of electric power; <br />"(D) the facility will use for such generation any with- <br />drawals, diversions, releases, or flows from the associated <br />qualifying nonpowered dam, including its associated <br />impoundment or other infrastructure; and <br />"(E) the operation of the facility will not result in <br />any material change to the storage, release, or flow oper- <br />ations of the associated qualifying nonpowered dam. <br />"(2) QUALIFYING FACILITY. —The term `qualifying facility' <br />means a facility that is determined under this section to meet <br />the qualifying criteria. <br />"(3) QUALIFYING NONPOWERED DAM. —The term `qualifying <br />nonpowered dam' means any dam, dike, embankment, or other <br />barrier — <br />"(A) the construction of which was completed on or <br />before the date of enactment of this section; <br />"(B) that is or was operated for the control, release, <br />or distribution of water for agricultural, municipal, naviga- <br />tional, industrial, commercial, environmental, recreational, <br />aesthetic, drinking water, or flood control purposes; and <br />"(C) that, as of the date of enactment of this section, <br />is not generating electricity with hydropower generating <br />works that are licensed under, or exempted from the license <br />requirements contained in, this part. <br />"(f) SAVINGS CLAUSE. —Nothing in this section affects— <br />"(1) any authority of the Commission to license a facility <br />at a nonpowered dam under this part; and <br />"(2) any authority of the Commission to issue an exemption <br />to a small hydroelectric power project under the Public Utility <br />Regulatory Policies Act of 1978.". <br />SEC. 3004. CLOSED -LOOP PUMPED STORAGE PROJECTS. <br />Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as <br />amended, is further amended by adding at the end the following: <br />"SEC. 35. CLOSED -LOOP PUMPED STORAGE PROJECTS. <br />"(a) EXPEDITED LICENSING PROCESS FOR CLOSED -LOOP PUMPED <br />STORAGE PROJECTS.— <br />"(1) IN GENERAL. —As provided in this section, the Commis- <br />sion may issue and amend licenses, as appropriate, for closed - <br />loop pumped storage projects. <br />"(2) RULE. —Not later than 180 days after the date of enact- <br />ment of this section, the Commission shall issue a rule estab- <br />lishing an expedited process for issuing and amending licenses <br />for closed -loop pumped storage projects under this section. <br />"(3) INTERAGENCY TASK FORCE. —In establishing the expe- <br />dited process under this section, the Commission shall convene <br />an interagency task force, with appropriate Federal and State <br />agencies and Indian tribes represented, to coordinate the regu- <br />latory processes associated with the authorizations required <br />to construct and operate closed -loop pumped storage projects. <br />"(Al TMnmu ew punr1cc —Tha Cry.rri;ec;-rn ch.11 conlr +r, <br />