Sec. 8. Operation of navigation facilities; rules and regulations; penalties
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Section 18 of the Federal Power Act ( 16 U.S.C. 811 ) is amended— in the first sentence, by inserting to address project effects and other relevant factors before the period at the end; in the second sentence, by inserting , including alternative prescriptions submitted under section 33(b), as applicable, after on any disputed issues of material fact with respect to such fishways ; in the third sentence, by striking relevant resource and inserting resource ; and 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, the Secretary of the Army, the Secretary of Commerce, and the Secretary of Agriculture shall update jointly, by rule, after consultation with the Commission and providing notice and opportunity for public comment, the procedures for an expedited trial-type hearing under this section and section 4(e)(2), including the opportunity to undertake discovery and cross-examine witnesses, providing a forum for conditions submitted under section 33(b) 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 opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing.
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Sec. 8
Operation of navigation facilities; rules and regulations; penalties
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