S.Amdt. 1959

SA 1959. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the beginning of title IV, insert the following:

SEC. 4__. RESOLUTION OF CONFLICTING CLEAN WATER CERTIFICATIONS.

Section 10(a) of the Federal Power Act (16 U.S.C. 803(a)) is amended by adding at the end the following:

“(4) Resolution of conflicting clean water certifications.--

“(A) In general.--Notwithstanding any other provision of law, if any condition or requirement of any certification made under section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) for a project covered by this Act is not agreed to by 2 or more affected States, the Commission shall review, modify as necessary, and approve the condition or requirement under paragraph (1) before the condition or requirement may become effective and included in a new license for the project.

“(B) Resolution of conflicts.--Any condition or requirement that is modified by the Commission and included in the new license for a project under this paragraph shall supersede and replace the condition or requirement of any certification made under section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341).

“(C) Administration.--In reviewing conditions and requirements under this paragraph, the Commission shall--

“(i) use and consider the best scientific information available, including site-specific and species-specific information;

“(ii) consult with appropriate Federal and State resource agencies;

“(iii) provide for a public hearing; and

“(iv) consider such additional evidence in reaching the decision of the Commission as is appropriate to secure adequate protection of any affected species.”.