is licensed by the Federal Energy Regulatory Commission; or

is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);

is in compliance with all applicable Federal, Tribal, and State requirements; or

would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.

adapting more quickly to changing grid conditions;

providing ancillary services (including black start capabilities, voltage support, and spinning reserves);

integrating other variable sources of electricity generation; and

managing accumulated reservoir sediments;

the maintenance or upgrade of spillways or other appurtenant structures;

dam stability improvements, including erosion repair and enhanced seepage controls; and

upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or

adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility;

improving the quality of the water retained or released by a qualified hydroelectric facility;

promoting downstream sediment transport processes and habitat maintenance; and

improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.