[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1013 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1013
To amend the Federal Power Act to provide for alternative conditions
and alternative fishways in hydroelectric dam licenses, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Radanovich (for himself, Mr. Hastings of Washington, and Mr. Walden
of Oregon) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to provide for alternative conditions
and alternative fishways in hydroelectric dam licenses, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ALTERNATIVE CONDITIONS AND FISHWAYS.
(a) Alternative Mandatory Conditions.--Section 4 of the Federal
Power Act (16 U.S.C. 797) is amended by adding at the end the
following:
``(h)(1) Whenever any person applies for a license for any project
works within any reservation of the United States, and the Secretary of
the department under whose supervision such reservation falls (referred
to in this subsection as `the Secretary`) deems a condition to such
license to be necessary under the first proviso of subsection (e), the
license applicant may propose an alternative condition. The license
applicant shall be entitled to a determination on the record after
opportunity for an agency trial-type hearing of any disputed issues of
material fact.
``(2) Notwithstanding the first proviso of subsection (e), the
Secretary shall accept the proposed alternative condition referred to
in paragraph (1), and the Commission shall include in the license such
alternative condition, if the Secretary determines, based on
substantial evidence provided by the license applicant that such
alternative condition--
``(A) provides for the adequate protection and utilization
for the reservation; and
``(B) will either--
``(i) cost less to implement, or
``(ii) result in improved operation of the project
works for electricity production, as compared to the
condition initially deemed necessary by the Secretary.
``(3) The Secretary shall submit into the public record of the
Commission proceeding with any condition under subsection (e) or
alternative condition it accepts under this subsection a written
statement explaining the basis for such condition, and reason for not
accepting any alternative condition under this subsection. The written
statement must demonstrate that the Secretary gave equal consideration
to the effects of the condition adopted and alternatives not accepted
on energy supply, distribution, cost, and use, flood control,
navigation, drinking, irrigation, and recreational water supply, and
air quality, in addition to the preservation of other aspects of
environmental quality, based on such information as may be available to
the Secretary, including information voluntarily provided in a timely
manner by the applicant and others. The Secretary shall also submit,
together with the aforementioned written statement, all studies, data,
and other factual information available to the Secretary and relevant
to the Secretary's decision.
``(4) Nothing in this subsection shall prohibit other interested
parties from proposing alternative conditions.
``(5) If the Secretary does not accept an applicant's alternative
condition under this subsection, and the Commission finds that the
Secretary's condition would be inconsistent with the purposes and
requirements of this Part, or other applicable law, the Commission may
refer the dispute to the Commission's Dispute Resolution Service. The
Dispute Resolution Service shall consult with the Secretary and the
Commission and issue a non-binding advisory within 90 days. The
Secretary may accept the Dispute Resolution Service advisory unless the
Secretary finds that the recommendation will not adequately protect the
reservation. The Secretary shall submit the advisory and the
Secretary's final written determination into the record of the
Commission proceeding.''.
(b) Alternative Fishways.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended as follows:
(1) By inserting ``(a)'' before the first sentence.
(2) By adding at the end the following:
``(b)(1) Whenever the Secretary of the Interior or the Secretary of
Commerce prescribes a fishway under this section, the license applicant
or the licensee may propose an alternative to such prescription to
construct, maintain, oroperate a fishway. The license applicant shall
be entitled to a determination on the record after opportunity for an
agency trial-type hearing of any disputed issues of material fact.
``(2) Notwithstanding subsection (a), the Secretary of the Interior
or the Secretary of Commerce, as appropriate, shall accept and
prescribe, and the Commission shall require, the proposed alternative
referred to in paragraph (1) if the Secretary of the appropriate
department determines, based on substantial evidence provided by the
licensee, that the alternative--
``(A) will be no less protective of the fish resources than
the fishway initially prescribed by the Secretary; and
``(B) will either--
``(i) cost less to implement, or
``(ii) result in improved operation of the project
works for electricity production, as compared to the
fishway initially prescribed by the Secretary.
``(3) The Secretary concerned shall submit into the public record
of the Commission proceeding with any prescription under subsection (a)
or alternative prescription it accepts under this subsection a written
statement explaining the basis for such prescription, and reason for
not accepting any alternative prescription under this subsection. The
written statement must demonstrate that the Secretary gave equal
consideration to the effects of the prescription adopted or alternative
not accepted on energy supply, distribution, cost, and use, flood
control, navigation, drinking, irrigation, and recreational water
supply, and air quality, in addition to the preservation of other
aspects of environmental quality, based on such information as may be
available to the Secretary, including information voluntarily provided
in a timely manner by the applicant and others. The Secretary shall
also submit, together with the aforementioned written statement, all
studies, data, and other factual information available to the Secretary
and relevant to the Secretary's decision.
``(4) Nothing in this subsection shall prohibit other interested
parties from proposing alternative prescriptions.
``(5) If the Secretary does not accept an applicant's alternative
prescription under this subsection, and the Commission finds that the
Secretary's prescription would be inconsistent with the purposes and
requirements of this Part, or other applicable law, the Commission may
refer the dispute to the Commission's Dispute Resolution Service. The
Dispute Resolution Service shall consult with the Secretary and the
Commission and issue a non-binding advisory within 90 days. The
Secretary may accept the Dispute Resolution Service advisory unless the
Secretary finds that the recommendation will not adequately protect the
fish resources. The Secretary shall submit the advisory and the
Secretary's final written determination into the record of the
Commission proceeding.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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