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Subtitle F—General Provisions
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SEC. 271. CHANGE 3 CENTS TO 1.5 CENTS.
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Not withstanding any other provision in this Act, ‘‘3
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cents’’ shall be considered by law to be ‘‘1.5 cents’’ in any
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place ‘‘3 cents’’ appears in title II of this Act.
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SEC. 272. BONNEVILLE POWER ADMINISTRATION BONDS.
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Section 13 of the Federal Columbia River Trans-
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mission System Act (16 U.S.C. 838k) is amended—
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(1) by striking the section heading and all that
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follows through ‘‘(a) The Administrator’’ and insert-
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ing the following:
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‘‘SEC. 13. BONNEVILLE POWER ADMINISTRATION BONDS.
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‘‘(a) B
ONDS
.—
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‘‘(1) I
N GENERAL
.—The Administrator’’; and
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(2) by adding at the end the following:
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‘‘(2) A
DDITIONAL BORROWING AUTHORITY
.—In
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addition to the borrowing authority of the Adminis-
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trator authorized under paragraph (1) or any other
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provision of law, an additional $1,300,000,000 is
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made available, to remain outstanding at any one
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time—
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‘‘(A) to provide funds to assist in financing
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the construction, acquisition, and replacement of
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the transmission system of the Bonneville Power
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Administration; and
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‘‘(B) to implement the authorities of the Ad-
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ministrator under the Pacific Northwest Electric
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Power Planning and Conservation Act (16
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U.S.C. 839 et seq.).’’.
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TITLE III—HYDROELECTRIC
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RELICENSING
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SEC. 301. ALTERNATIVE CONDITIONS AND FISHWAYS.
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(a) A
LTERNATIVE
M
ANDATORY
C
ONDITIONS
.—Section
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4 of the Federal Power Act (16 U.S.C. 797) is amended
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by adding at the end the following:
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‘‘(h)(1) Whenever any person applies for a license for
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any project works within any reservation of the United
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States under subsection (e), and the Secretary of the depart-
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ment under whose supervision such reservation falls (in this
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subsection referred to as the ‘Secretary’) shall deem a condi-
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tion to such license to be necessary under the first proviso
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of such section, the license applicant may propose an alter-
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native condition.
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‘‘(2) Notwithstanding the first proviso of subsection
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(e), the Secretary of the department under whose super-
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vision the reservation falls shall accept the proposed alter-
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native condition referred to in paragraph (1), and the Com-
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mission shall include in the license such alternative condi-
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tion, if the Secretary of the appropriate department deter-
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mines, based on substantial evidence provided by the license
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applicant, that the alternative condition—
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‘‘(A) provides for the adequate protection and
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utilization of the reservation; and
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‘‘(B) will either—
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‘‘(i) cost less to implement, or
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‘‘(ii) result in improved operation of the
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project works for electricity production as com-
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pared to the condition initially deemed necessary
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by the Secretary.
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‘‘(3) The Secretary shall submit into the public record
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of the Commission proceeding with any condition under
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subsection (e) or alternative condition it accepts under this
13
subsection a written statement explaining the basis for such
14
condition, and reason for not accepting any alternative con-
15
dition under this subsection, including the effects of the con-
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dition accepted and alternatives not accepted on energy
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supply, distribution, cost, and use, air quality, flood con-
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trol, navigation, and drinking, irrigation, and recreation
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water supply, based on such information as may be avail-
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able to the Secretary, including information voluntarily
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provided in a timely manner by the applicant and others.
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‘‘(4) Nothing in this subsection shall prohibit other in-
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terested parties from proposing alternative conditions.’’.
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(b) A
LTERNATIVE
F
ISHWAYS
.—Section 18 of the Fed-
1
eral Power Act (16 U.S.C. 811) is amended by—
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(1) inserting ‘‘(a)’’ before the first sentence; and
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(2) adding at the end the following:
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‘‘(b)(1) Whenever the Secretary of the Interior or the
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Secretary of Commerce prescribes a fishway under this sec-
6
tion, the license applicant or the licensee may propose an
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alternative to such prescription to construct, maintain, or
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operate a fishway.
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‘‘(2) Notwithstanding subsection (a), the Secretary of
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the Interior or the Secretary of Commerce, as appropriate,
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shall accept and prescribe, and the Commission shall re-
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quire, the proposed alternative referred to in paragraph (1),
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if the Secretary of the appropriate department determines,
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based on substantial evidence provided by the licensee, that
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the alternative—
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‘‘(A) will be no less protective of the fish re-
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sources than the fishway initially prescribed by the
18
Secretary; and
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‘‘(B) will either—
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‘‘(i) cost less to implement, or
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‘‘(ii) result in improved operation of the
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project works for electricity production as com-
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pared to the fishway initially prescribed by the
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Secretary.
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‘‘(3) The Secretary shall submit into the public record
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of the Commission proceeding with any prescription under
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subsection (a) or alternative prescription it accepts under
3
this subsection a written statement explaining the basis for
4
such prescription, and reason for not accepting any alter-
5
native prescription under this subsection, including the ef-
6
fects of the prescription accepted or alternative not accepted
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on energy supply, distribution, cost, and use, air quality,
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flood control, navigation, and drinking, irrigation, and
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recreation water supply, based on such information as may
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be available to the Secretary, including information volun-
11
tarily provided in a timely manner by the applicant and
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others.
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‘‘(4) Nothing in this subsection shall prohibit other in-
14
terested parties from proposing alternative prescriptions.’’.
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(c) T
IME OF
F
ILING
A
PPLICATION
.—Section 15(c)(1)
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of the Federal Power Act (16 U.S.C. 808(c)(1)) is amended
17
by striking the first sentence and inserting the following:
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‘‘(1) Each application for a new license pursu-
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ant to this section shall be filed with the
20
Commission—
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‘‘(A) at least 24 months before the expira-
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tion of the term of the existing license in the case
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of licenses that expire prior to 2008; and
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‘‘(B) at least 36 months before the expira-
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tion of the term of the existing license in the case
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of licenses that expire in 2008 or any year there-
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after.’’.
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TITLE IV—INDIAN ENERGY
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SEC. 401. COMPREHENSIVE INDIAN ENERGY PROGRAM.
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Title XXVI of the Energy Policy Act of 1992 (25
7
U.S.C. 3501–3506) is amended by adding after section 2606
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the following:
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‘‘SEC. 2607. COMPREHENSIVE INDIAN ENERGY PROGRAM.
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‘‘(a) D
EFINITIONS
.—For purposes of this section—
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‘‘(1) the term ‘Director’ means the Director of the
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Office of Indian Energy Policy and Programs estab-
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lished by section 217 of the Department of Energy
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Organization Act, and
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‘‘(2) the term ‘Indian land’ means—
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‘‘(A) any land within the limits of an In-
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dian reservation, pueblo, or rancheria;
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‘‘(B) any land not within the limits of an
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Indian reservation, pueblo, or rancheria whose
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title is held—
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‘‘(i) in trust by the United States for
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the benefit of an Indian tribe,
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‘‘(ii) by an Indian tribe subject to re-
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striction by the United States against alien-
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ation, or
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‘‘(iii) by a dependent Indian commu-
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nity; and
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‘‘(C) land conveyed to an Alaska Native
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Corporation under the Alaska Native Claims
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Settlement Act.
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‘‘(b) I
NDIAN
E
NERGY
E
DUCATION
P
LANNING AND
M
AN
-
9
AGEMENT
A
SSISTANCE
.—(1) The Director shall establish
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programs within the Office of Indian Energy Policy and
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Programs to assist Indian tribes in meeting their energy
12
education, research and development, planning, and man-
13
agement needs.
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‘‘(2) The Director may make grants, on a competitive
15
basis, to an Indian tribe for—
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‘‘(A) renewable energy, energy efficiency, and
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conservation programs;
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‘‘(B) studies and other activities supporting trib-
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al acquisition of energy supplies, services, and facili-
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ties;
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‘‘(C) planning, constructing, developing, oper-
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ating, maintaining, and improving tribal electrical
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generation, transmission, and distribution facilities;
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and
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‘‘(D)
developing,
constructing,
and
inter-
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connecting electric power transmission facilities with
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transmission facilities owned and operated by a Fed-
3
eral power marketing agency or an electric utility
4
that provides open access transmission service.
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‘‘(3) The Director may develop, in consultation with
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Indian tribes, a formula for making grants under this sec-
7
tion. The formula may take into account the following—
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‘‘(A) the total number of acres of Indian land
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owned by an Indian tribe;
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‘‘(B) the total number of households on the In-
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dian tribe’s Indian land;
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‘‘(C) the total number of households on the In-
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dian tribe’s Indian land that have no electricity serv-
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ice or are under-served; and
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‘‘(D) financial or other assets available to the In-
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dian tribe from any source.
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‘‘(4) In making a grant under paragraph (2), the Di-
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rector shall give priority to an application received from
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an Indian tribe that is not served or is served inadequately
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by an electric utility, as that term is defined in section 3(4)
21
of the Public Utility Regulatory Policies Act of 1978 (16
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U.S.C. 2602(4)), or by a person, State agency, or any other
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non-Federal entity that owns or operates a local distribu-
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tion facility used for the sale of electric energy to an electric
1
consumer.
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‘‘(5) There are authorized to be appropriated to the
3
Department of Energy such sums as may be necessary to
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carry out the purposes of this section.
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‘‘(6) The Secretary is authorized to promulgate such
6
regulations as the Secretary determines to be necessary to
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carry out the provisions of this subsection.
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‘‘(c) L
OAN
G
UARANTEE
P
ROGRAM
.—
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‘‘(1) A
UTHORITY
.—The Secretary may guarantee
10
not more than 90 percent of the unpaid principal and
11
interest due on any loan made to any Indian tribe
12
for energy development, including the planning, devel-
13
opment, construction, and maintenance of electrical
14
generation plants, and for transmission and delivery
15
mechanisms for electricity produced on Indian land.
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A loan guaranteed under this subsection shall be
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made by—
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‘‘(A) a financial institution subject to the
19
examination of the Secretary; or
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‘‘(B) an Indian tribe, from funds of the In-
21
dian tribe, to another Indian tribe.
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‘‘(2)
A
VAILABILITY
OF
APPROPRIATIONS
.—
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Amounts appropriated to cover the cost of loan guar-
24
antees shall be available without fiscal year limita-
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tion to the Secretary to fulfill obligations arising
1
under this subsection.
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‘‘(3) A
UTHORIZATION OF APPROPRIATIONS
.—(A)
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There are authorized to be appropriated to the Sec-
4
retary such sums as may be necessary to cover the
5
cost of loan guarantees, as defined by section 502(5)
6
of the Federal Credit Reform Act of 1990 (2 U.S.C.
7
661a(5)).
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‘‘(B) There are authorized to be appropriated to
9
the Secretary such sums as may be necessary to cover
10
the administrative expenses related to carrying out
11
the loan guarantee program established by this sub-
12
section.
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‘‘(4) L
IMITATION
ON
AMOUNT
.—The aggregate
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outstanding amount guaranteed by the Secretary of
15
Energy at any one time under this subsection shall
16
not exceed $2,000,000,000.
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‘‘(5) R
EGULATIONS
.—The Secretary is author-
18
ized to promulgate such regulations as the Secretary
19
determines to be necessary to carry out the provisions
20
of this subsection.
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‘‘(d) I
NDIAN
E
NERGY
P
REFERENCE
.—(1) An agency
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or department of the United States Government may give,
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in the purchase of electricity, oil, gas, coal, or other energy
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product or by-product, preference in such purchase to an
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energy and resource production enterprise, partnership,
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corporation, or other type of business organization majority
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or wholly owned and controlled by a tribal government.
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‘‘(2) In implementing this subsection, an agency or de-
4
partment shall pay no more than the prevailing market
5
price for the energy product or by-product and shall obtain
6
no less than existing market terms and conditions.
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‘‘(e) E
FFECT ON
O
THER
L
AWS
.—This section does
8
not—
9
‘‘(1) limit the discretion vested in an Adminis-
10
trator of a Federal power marketing agency to market
11
and allocate Federal power, or
12
‘‘(2) alter Federal laws under which a Federal
13
power marketing agency markets, allocates, or pur-
14
chases power.’’.
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SEC. 402. OFFICE OF INDIAN ENERGY POLICY AND PRO-
16
GRAMS.
17
Title II of the Department of Energy Organization Act
18
is amended by adding at the end the following:
19
‘‘
OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS
20
‘‘S
EC
. 217. (a) There is established within the Depart-
21
ment an Office of Indian Energy Policy and Programs.
22
This Office shall be headed by a Director, who shall be ap-
23
pointed by the Secretary and compensated at the rate equal
24
to that of level IV of the Executive Schedule under section
25
5315 of title 5, United States Code.
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