S.Amdt. 1482

SA 1482. Mr. BINGAMAN submitted an amendment intended to be proposed to amendment SA 1432 proposed by Mr. Frist to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:

Strike the text starting on page 159, line 14, through page 165, line 14, and insert the following:

SEC. 511. 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 deems a condition to such license to be necessary under the first proviso of subsection (e), the license applicant or any other party to the licensing proceeding may propose an alternative condition.

“(2) Notwithstanding the first proviso of subsection (e), the Secretary of the department under whose supervision the reservation falls 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 of the appropriate department determines, based on substantial evidence provided by the party proposing such alternative condition, that the alternative condition--

“(A) provides no less protection for the reservation than provided by the condition deemed necessary 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 condition deemed necessary by the Secretary.

“(3) Within 1 year after the enactment of this subsection, each Secretary concerned shall, by rule, establish a process to expeditiously resolve conflicts arising under this subsection.”.

(b) Alternative Fishways.--Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by--

(1) inserting “(a)” before the first sentence; and

(2) adding at the end the following:

“(b)(1) Whenever the Commission shall require a licensee to construct, maintain, or operate a fishway prescribed by the Secretary of the Interior or the Secretary of Commerce under this section, the licensee or any other party to the proceeding may propose an alternative to such prescription to construct, maintain, or operate a fishway.

“(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 party proposing such alternative, that the alternative--

“(A) will be no less effective 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) Within 1 year after the enactment of this subsection, the Secretary of the Interior and the Secretary of Commerce shall each, by rule, establish a process to expeditiously resolve conflicts arising under this subsection.”.