Sec. 6. Conditions of license; report requirement
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Section 10(a)(2) of the Federal Power Act ( 16 U.S.C. 803(a)(2) ) is amended by adding at the end the following: Current and reasonably foreseeable future economic conditions material to the value of the project, over the term of the license, with respect to— providing revenues from sales of power, generation capacity, and ancillary services; and other uses of the project. Methods to collect and, as appropriate, publicly report hydrologic data relating to the operations of the project during a time interval appropriate for effective management of any affected waterways. .
Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) is amended— in paragraph (1), in the first sentence, by inserting , in accordance with paragraph
(5)after for purposes of administering their responsibilities under this part ; and by adding at the end the following: In fixing reasonable annual charges under paragraph
(1)for purposes of administering the responsibilities of the United States under this part, the Commission— notwithstanding section 9701 of title 31, United States Code, section 3401 of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 7178 ), or any other provision of Federal law relating to annual charges fixed under paragraph (1), shall ensure that all administrative costs of the United States, other than the administrative costs of the Commission, do not exceed the direct costs incurred by any department of the Federal Government or any agency, bureau, office, or other subdivision of the applicable department, in the participation of the applicable department in license proceedings under this part; shall not include costs of any department of the Federal Government or any agency, bureau, office, or other subdivision of the applicable department that are reimbursed directly to the applicable department or subdivision of the applicable department by the licensee or license applicant; shall include costs of a third-party contractor retained by any department of the Federal Government or any agency, bureau, office, or other subdivision of the applicable department that are incurred in supporting the applicable department in administering the responsibilities of the applicable department under this part, if the costs— are not otherwise reimbursed directly to the department or subdivision of the department, as provided in subparagraph (B); and meet the requirements of subparagraph (D); shall provide a reasonable opportunity for public review and comment on the determinations of the Commission under subparagraphs
(A)through
(C)before issuing any bills for annual charges for purposes of the administration of this part under paragraph (1); and shall— respond to all comments received under subparagraph
(D)before issuing any bills for annual charges for the administrative costs of the United States under this part under paragraph (1); and make any adjustments to the billing determinations in response to the comments received under subparagraph (D), as appropriate. . Section 10(j) of the Federal Power Act ( 16 U.S.C. 803(j) ) is amended— in paragraph (1), by adding at the end the following: For any project that may affect fish and wildlife resources protected under a Federal treaty with an Indian Tribe, as determined by a court of competent jurisdiction, the conditions under this subsection shall be based on recommendations received from the applicable Indian Tribe. ; and in paragraph (2)— in the first sentence, by inserting and Indian Tribes after and statutory responsibilities of such agencies ; and in the second sentence, in the matter preceding subparagraph (A), by inserting or Indian Tribe after a recommendation of any such agency . Section 10 of the Federal Power Act ( 16 U.S.C. 803 ) is amended by adding at the end the following: In any case in which the applicable Secretary exercises authority to submit a license condition to the Commission for inclusion in the license under section 4(e)(2), 18, 33, or 37 or through authority reserved in the license under 1 or more of those sections, the applicable Secretary shall include with the submitted condition or prescription a written statement— demonstrating that the applicable Secretary considered alternatives to the submitted condition; providing a scientific and technical rationale for— the condition submitted; and any alternatives considered but not adopted; and identifying specific facts relied on in the record. Along with the written statement included under paragraph (1), the applicable Secretary shall submit any studies, data, and other factual information relied on by the applicable Secretary that is relevant to the decision of the applicable Secretary. To the extent reasonably practicable, the Commission and other Federal and State agencies with responsibilities under this part shall— use relevant existing studies, monitoring information, and data; and avoid duplicating current, existing studies that are applicable to the relevant project. In requiring any new study or collection of information, the Commission and other Federal and State agencies and Indian Tribes with responsibilities under this part shall prepare a written statement that— explains why the new study or other information is necessary to support the decisionmaking relative to the responsibilities of the applicable agency under this part; identifies how existing information reasonably available to the applicable agency, including any monitoring information collected by the licensee during the existing license term, is inadequate to support the decisionmaking of the applicable agency; and explains the manner in which the information produced by the required new study or other information supports the cost of producing the information. In modifying or denying a request to require a new study or collection of information that is submitted to the Commission by another agency with responsibilities under this part, the Commission shall include in a written statement of the Commission an explanation of the manner in which the Commission considers the modification or denial to be consistent with— the responsibilities of the requestor to compile a record under applicable law; and the obligation of the Commission and other agencies to undertake to develop a joint study plan pursuant to section 38(c)(2). . Section 10 of the Federal Power Act ( 16 U.S.C. 803 ) (as amended by subsection (d)) is amended by adding at the end the following: Not later than 2 years after the date of enactment of this subsection, and every 5 years thereafter, the Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, prepared in consultation with each affected licensee or exemptee under this part, that— identifies any project or individual unit of development that— is licensed, or exempted from the license requirements, under this part; and has been continually out-of-service for not fewer than 5 years preceding the report; explains the reason why each project or development has been out-of-service; identifies any plans of the licensee and the Commission for the rehabilitation or other disposition of the project or development; and describes the anticipated timelines and requirements of the Commission for the rehabilitation or other final disposition of the project or development. .
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