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S. 3021-103 <br />"(2) transfer a license in part to one or more nonmunicipal <br />entities as co -licensees with a municipality, if the municipality <br />retains majority ownership of the project for which the license <br />was issued. <br />"(e) 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 closed -loop pumped <br />storage project submitted pursuant to this section, and interagency <br />communications relating to licensing process coordination pursuant <br />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 />"(f) DEVELOPING ABANDONED MINES FOR PUMPED STORAGE.— <br />"(1) WORKSHOP. —Not later than 6 months after the date <br />of enactment of this section, the Commission shall hold a work- <br />shop to explore potential opportunities for development of <br />closed -loop pumped storage projects at abandoned mine sites. <br />"(2) GUIDANCE. —Not later than 1 year after the date of <br />enactment of this section, the Commission shall issue guidance <br />to assist applicants for licenses or preliminary permits for <br />closed -loop pumped storage projects at abandoned mine sites. <br />"(g) QUALIFYING CRITERIA FOR CLOSED -LOOP PUMPED STORAGE <br />PROJECTS.— <br />"(1) IN GENERAL. —The Commission shall establish criteria <br />that a pumped storage project shall meet in order to qualify <br />as a closed -loop pumped storage project eligible for the expe- <br />dited process established under this section. <br />"(2) INCLUSIONS. —In establishing the criteria under para- <br />graph (1), the Commission shall include criteria requiring that <br />the pumped storage project — <br />"(A) cause little to no change to existing surface and <br />ground water flows and uses; and <br />"(B) is unlikely to adversely affect species listed as <br />a threatened species or endangered species under the <br />Endangered Species Act of 1973. <br />"(h) SAVINGS CLAUSE. —Nothing in this section affects any <br />authority of the Commission to license a closed -loop pumped storage <br />project under this part.". <br />SEC. 3005. CONSIDERATIONS FOR RELICENSING TERMS. <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. 36. CONSIDERATIONS FOR RELICENSING TERMS. <br />(TPMVP AT.—Tn rlo+orminincr +Ko 1-arm ni o noxxi Bronco <br />