Sec. 10. Alternative conditions and prescriptions
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Section 33 of the Federal Power Act ( 16 U.S.C. 823d ) is amended— in subsection (a)— in paragraph (1), by striking deems and inserting determines ; in paragraph (2)— in the matter preceding subparagraph (A)— by striking in paragraph (1), and and inserting in paragraph (1), as submitted and without modification, and ; by striking if the Secretary determines, and inserting if the Commission determines, ; and by striking otherwise available to the Secretary and inserting otherwise available to the Commission ; in subparagraph (A), by striking provides for the adequate protection and utilization of the reservation and inserting adequately protects the reservation from adverse effects of the project ; and in subparagraph (B), in the matter preceding clause (i), by inserting determined to be necessary before by the Secretary ; in paragraph (3)— by striking Secretary each place it appears and inserting Commission ; and by striking evidence provided by the Commission and inserting evidence provided by the Secretary ; by striking paragraph (4); and by striking paragraph (5); in subsection (b)— in paragraph (2), in the matter preceding subparagraph (A)— by striking referred to in paragraph (1), if the Secretary of the appropriate department and inserting referred to in paragraph (1), as submitted and without modification, if the Commission ; and by striking otherwise available to the Secretary and inserting otherwise available to the Commission ; in paragraph (3)— by striking the Secretary shall consider and inserting the Commission shall consider ; by striking otherwise available to the Secretary and inserting otherwise available to the Commission ; and by striking evidence provided by the Commission and inserting evidence provided by the Secretary concerned ; by striking paragraph (4); and by striking paragraph (5); and by adding at the end the following:
This section applies to— any proceeding under this part in which a Secretary proposes a condition to a license under the first proviso of section 4(e); any proceeding under this part in which a Secretary proposes a prescription for a fishway under section 18; and any instance in which a Secretary seeks to exercise reserved authority under a license to prescribe, submit, or revise any condition to a license, under the first provision of section 4(e) or a fishway prescribed under section 18, as appropriate. .
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Sec. 10
Alternative conditions and prescriptions
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