Sec. 10. Alternative conditions and prescriptions
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Section 33(a) of the Federal Power Act ( 16 U.S.C. 823d(a) ) is amended— in paragraph (1)— by inserting or an Indian Tribe, as provided in section 37, after (referred to in this subsection as the ; and Secretary ) by striking the first proviso of section 4(e) and inserting section 4(e)(2) ; in paragraph (2)— in the matter preceding subparagraph (A), by striking the first proviso of section 4(e) and inserting section 4(e)(2) ; by striking the Secretary each place it appears and inserting the Secretary or Indian Tribe ; and by striking subparagraphs
(A)and
(B)and inserting the following: would result in improved protection or utilization of the reservation at no additional cost to the project, including the value of foregone power or energy as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; or would— be no less protective of the reservation than the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; and as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe— cost significantly less to implement; or result in improved operation of the project works for electricity production. ; in paragraph (3), by striking the Secretary each place it appears and inserting the Secretary or Indian Tribe ; by redesignating paragraph
(5)as paragraph (6); by striking paragraph
(4)and inserting the following: The Secretary or applicable Indian Tribe shall submit into the public record of the Commission proceeding with any condition under section 4(e)(2) or alternative condition accepted by the Secretary or applicable Indian Tribe under this subsection a detailed analysis establishing and explaining how the condition adopted by the Secretary or applicable Indian Tribe meets the criteria under paragraph (2), as compared to— the condition initially determined to be necessary by the Secretary or applicable Indian Tribe; and each alternative condition proposed by the license applicant or any other party to the license proceeding, as provided in paragraph (1), that is not adopted by the Secretary or applicable Indian Tribe. Any submission by the Secretary under paragraph
(4)shall include a written statement demonstrating that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not adopted on— energy supply, distribution, cost, and use; flood control; navigation; water supply; hydrologic alterations that may occur over the license term; air quality; and the preservation of other aspects of environmental quality. The written statement included under subparagraph
(A)shall be based on information available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. Along with the written statement included under subparagraph (A), the Secretary shall submit any studies, data, and other factual information available to the Secretary and relevant to the determination of the Secretary under paragraph (2). ; and in paragraph
(6)(as so redesignated)— in the first sentence, by striking the Secretary’s final condition and inserting the final condition of the Secretary or applicable Indian Tribe ; in the second sentence, by striking the Secretary and inserting the Secretary or applicable Indian Tribe ; in the third sentence, by striking Secretary each place it appears and inserting Secretary or applicable Tribe ; and in the fourth sentence— by striking The Secretary and inserting The Secretary or applicable Indian Tribe ; and by striking Secretary’s final written determination and inserting final written determination of the Secretary or applicable Indian Tribe . Section 33(b) of the Federal Power Act ( 16 U.S.C. 823d(b) ) is amended— in paragraph (1), by striking Secretary of Commerce and inserting Secretary of Commerce, as applicable (referred to in this subsection as the ; Secretary concerned ), in paragraph (2)— in the matter preceding subparagraph (A)— by striking of the Interior or the Secretary of Commerce, as appropriate, and inserting concerned ; by striking of the appropriate department and inserting concerned ; and by striking to the Secretary and inserting to the Secretary concerned ; and by striking subparagraphs
(A)and
(B)and inserting the following: would result in improved protection for fish at no additional cost to the project, including the value of foregone power or energy, as compared to the fishway initially prescribed by the Secretary concerned; or would— be no less protective than the fishway initially prescribed by the Secretary concerned; and as compared to the fishway initially prescribed by the Secretary concerned— cost significantly less to implement; or result in improved operation of the project works for electricity production. ; in paragraph (3), by striking the Secretary each place it appears and inserting the Secretary concerned ; by redesignating paragraph
(5)as paragraph (6); by striking paragraph
(4)and inserting the following: The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under section 18 or alternative prescription accepted by the Secretary concerned under this subsection a detailed analysis establishing and explaining how the prescription adopted by the Secretary concerned meets the criteria under paragraph (2), as compared to— the prescription initially prescribed by the Secretary concerned; and each alternative proposed by the license applicant or any other party to the license proceeding, as provided in paragraph (1), that is not adopted by the Secretary concerned. Any submission by the Secretary concerned under paragraph
(4)shall include a written statement demonstrating that the Secretary concerned gave equal consideration to the effects of the prescription adopted and alternatives not adopted on— energy supply, distribution, cost, and use; flood control; navigation; water supply; hydrologic alterations that may occur over the license term; air quality; and the preservation of other aspects of environmental quality. The written statement included under subparagraph
(A)shall be based on information available to the Secretary concerned, including information voluntarily provided in a timely manner by the applicant and others. Along with the written statement included under subparagraph (A), the Secretary concerned shall submit any studies, data, and other factual information available to the Secretary concerned and relevant to the determination of the Secretary concerned under paragraph (2). ; and in paragraph
(6)(as so redesignated)— in the first sentence, by striking the Secretary’s final prescription and inserting the final prescription of the Secretary concerned ; in the second sentence, by striking the Secretary and inserting the Secretary concerned ; in the third sentence, by striking Secretary each place it appears and inserting Secretary concerned ; and in the fourth sentence— by striking The Secretary and inserting The Secretary concerned ; and by striking Secretary’s final written determination and inserting final written determination of the Secretary concerned .
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Sec. 10
Alternative conditions and prescriptions
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