Home > 106th Congressional Bills > H.R. 1014 (ih) To amend the Internal Revenue Code of 1986 to make permanent the exclusion for employer-provided educational assistance. [Introduced in House] ...

H.R. 1014 (ih) To amend the Internal Revenue Code of 1986 to make permanent the exclusion for employer-provided educational assistance. [Introduced in House] ...


Google
 
Web GovRecords.org








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>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 592 (rh) To redesignate Great Kills Park in the Gateway National Recreation Area as ``World War II Veterans Park at Great Kills''. [Reported in House] ...
2 H.Res. 431 (eh) [Engrossed in House] ...
3 S. 2386 (rs) To extend the Stamp Out Breast Cancer Act. [Reported in Senate] ...
4 H.R. 4733 (rh) Making appropriations for energy and water development for the fiscal year ending September 30, 2001, and for other purposes. [Reported in House] ...
5 H.R. 3417 (rh) To complete the orderly withdrawal of the National Oceanic and Atmospheric Administration from the civil administration of the Pribilof Islands, Alaska. [Reported in House] ...
6 H.R. 1801 (ih) To make technical corrections to various antitrust laws and to references to such laws. [Introduced in House] ...
7 S.Res. 119 (rs) Expressing the sense of the Senate with respect to United Nations General Assembly Resolution ES-10/6. [Reported in Senate] ...
8 S. 1009 (ris) To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, an...
9 H.R. 1979 (ih) To amend the Internal Revenue Code of 1986 to clarify the application of the excise tax imposed on arrow components. [Introduced in House] ...
10 H.Res. 158 (eh) [Engrossed in House] ...
11 H.Con.Res. 48 (rh) Authorizing the use of the Capitol Grounds for the opening ceremonies of Sunrayce 99. [Reported in House] ...
12 H.R. 4389 (enr) To direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District. [Enrolled bill] ...
13 S. 249 (enr) To provide funding for the National Center for Missing and Exploited Children, to reauthorize the Runaway and Homeless Youth Act, and for other purposes. [Enrolled bill] ...
14 S. 1822 (is) To amend the Public Health Service Act, the Employee Retirement Income [Introduced in Senate] ...
15 H.R. 940 (rs) To designate the Lackawanna Valley National Heritage Area, and for other purposes. [Reported in Senate] ...
16 S.Res. 119 (ats) Expressing the sense of the Senate with respect to United Nations General Assembly Resolution ES-10/6. [Agreed to Senate] ...
17 S. 1534 (rs) To reauthorize the Coastal Zone Management Act, and for other purposes. [Reported in Senate] ...
18 H.R. 705 (eh) To make technical corrections with respect to the monthly reports submitted by the Postmaster General on official mail of the House of Representatives. [Engrossed in House] ...
19 S. 1236 (is) To extend the deadline under the Federal Power Act for commencement of the construction of the Arrowrock Dam Hydroelectric Project in the State of Idaho. [Introduced in Senate] ...
20 H.Con.Res. 107 (ih) Expressing the sense of Congress rejecting the conclusions of a recent article published by the American Psychological Association that suggests that sexual relationships between adults and children might be positive for children. [Int...
21 H.R. 5229 (enr) To designate the facility of the United States Postal Service located at 219 South Church Street in Odum, Georgia, as the ``Ruth Harris Coleman Post Office Building''. [Enrolled bill] ...
22 H.R. 2155 (ih) To suspend temporarily the duty on THQ (Toluhydroquinone). [Introduced in House] ...
23 S. 3287 (is) To amend title 3, United States Code, and the Uniform Time Act of 1966 to establish a single poll closing time for Presidential general elections. [Introduced in Senate] ...
24 S. 2253 (rs) To authorize the establishment of a joint United States-Canada commission to study the feasibility of connecting the rail system in Alaska to the North American continental rail system; and for other purposes. [Reported in Senate] %%Filename:...
25 H.R. 3237 (ih) To provide for the exchange of certain lands within the State of Wyoming. [Introduced in House] ...
26 H.R. 1499 (ih) For the relief of Jean-Loup J. M. Chretien. [Introduced in House] ...
27 H.R. 368 (ih) To require the installation of a system for filtering or blocking matter on the Internet on computers in schools and libraries with Internet access, and for other purposes. [Introduced in House] ...
28 H.R. 5328 (ih) To authorize the acquisition of additional lands for inclusion in the Fort Clatsop National Memorial in the State of Oregon, and for other purposes. [Introduced in House] ...
29 S.Res. 117 (is) Expressing the sense of the Senate regarding the United States share of any reconstruction measures undertaken in the Balkans region of Europe on account of the armed conflict and atrocities that have occurred in the Federal Republic of Yu...
30 S. 348 (rs) To authorize and facilitate a program to enhance training, research and development, energy conservation and efficiency, and consumer education in the oilheat industry for the benefit of oilheat consumers and the public, and for other purposes...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy