Sec. 3. General powers of the Federal Energy Regulatory Commission
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Section 241(a) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 674) is amended by striking after and inserting adequate protection and utilization of such reservation. at the end of the first proviso after . adequate protection and utilization of such reservation at the end of the first proviso a period and Subparagraph
(A)and the amendments made by that subparagraph shall take effect as if included in the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. ), and section 241(a) of that Act (Public Law 1058; 119 Stat. 674) and the amendments made by that section shall be executed as if the amendment made by subparagraph
(A)had been included in that Act. Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) ) is amended by striking the period after Federal Energy Regulatory Commission . Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) ) is amended— by striking the colon each place it appears and inserting a period; in the fourth proviso, by striking and inserting the following: And provided further , That upon On ; in the third proviso, by striking and inserting the following: Provided further , That in case In case ; in the second proviso, by striking and inserting the following: Provided further , That no license No license ; in the first proviso, by striking and inserting the following: Provided , That licenses Licenses ; in the first sentence, by striking
(e)To issue licenses and inserting the following: To issue licenses ; in paragraph
(1)(as so designated), by striking , or to any State and inserting , or to any State, Indian Tribe, ; in paragraph (2)(A) (as so designated)— by striking the fourth sentence and inserting the following: Not later than 180 days after the date of enactment of the Community and Hydropwer Improvement Act , the Secretary of the Interior, Secretary of the Army, the Secretary of Commerce, and the Secretary of Agriculture shall jointly update, by rule, after consultation with the Commission and providing notice and an opportunity for public comment, the procedures for an expedited trial-type hearing under this section and section 18, including the opportunity to undertake discovery and cross-examine witnesses, providing— a forum for conditions submitted under section 33(a) to obtain a hearing; a requirement that the party raising a disputed issue, or the proponent of an alternative, bears the burden of proof by a preponderance of the evidence; and and opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing. ; in the third sentence— by striking by the relevant resource and inserting by the relevant ; and by striking All disputed and inserting the following: All disputed ; in the second sentence— by inserting , including alternative conditions submitted under section 33(a), as applicable after on any disputed issues of material fact with respect to such conditions ; and by striking The license applicant and inserting the following: The license applicant ; and in the first sentence, by striking shall deem necessary for the adequate protection and utilization of such reservation and inserting the following: or the applicable Indian Tribe, as provided in section 37, shall deem— necessary for the adequate protection and utilization of such reservation; and reasonably related to project effects on— the reservation; and the utilization of the reservation ; and in paragraph
(5)(as designated by paragraph (2)), by inserting addressing the effects of hydrologic alterations that may occur over the license term, after the protection of recreational opportunities, . Section 4(f) of the Federal Power Act ( 16 U.S.C. 797(f) ) is amended, in the proviso, by inserting , Indian Tribe, after in writing to any State .
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- Pub. L. 109-58
- 119 Stat. 674
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Sec. 3
General powers of the Federal Energy Regulatory Commission
Pub. L.Pub. L. 109-58
Stat.119 Stat. 674
Cites 4Cited by 0 across 0 sources