II

Calendar No. 451

106TH CONGRESS

2D SESSION S. 1167

[Report No. 106–235]

To amend the Pacific Northwest Electric Power Planning and Conservation

Act to provide for expanding the scope of the Independent Scientific

Review Panel.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. GORTON (for himself, Mr. SMITH of Oregon, Mr. CRAIG, and Mr. CRAPO)

introduced the following bill; which was read twice and referred to the

Committee on Energy and Natural Resources

MARCH 9, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Insert the part printed in italic]

A BILL

To amend the Pacific Northwest Electric Power Planning

and Conservation Act to provide for expanding the scope

of the Independent Scientific Review Panel.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 1167 RS

1 SECTION 1. REVIEW OF REIMBURSABLE PROJECTS, PRO2 GRAMS, AND MEASURES BY THE INDE3 PENDENT SCIENTIFIC REVIEW PANEL OF THE

4 PACIFIC NORTHWEST ELECTRIC POWER

5 PLANNING COUNCIL.

6 Section 4(h)(10)(D) of the Pacific Northwest Electric

7 Power Planning and Conservation Act (16 U.S.C.

8 839b(h)(10)(D)) is amended by striking clauses (vii) and

9 (viii) and inserting the following:

10 ‘‘(vii) REVIEW BY THE PANEL OF RE11 IMBURSABLE PROJECTS, PROGRAMS, AND

12 MEASURES.—

13 ‘‘(I) IN GENERAL.—With regard

14 to Columbia Basin fish and wildlife

15 projects, programs or measures pro16 posed in a Federal agency budget to

17 be reimbursed by BPA, or paid

18 through a direct funding agreement

19 with BPA, the panel shall annually—

20 ‘‘(aa) review such proposals;

21 ‘‘(bb) determine whether the

22 proposals are consistent with the

23 criteria stated in item (iv);

24 ‘‘(cc) make any rec25 ommendations that the Panel

26 considers appropriate to make
3

S 1167 RS

1 the project, program, or measure

2 meet the criteria stated in item

3 (iv); and

4 ‘‘(dd) transmit the rec5 ommendations to the Council no

6 later than April 1 of each year.

7 ‘‘(II) PUBLIC AVAILABILITY AND

8 COMMENT.—Determinations and rec9 ommendations made by the panel

10 under subclause (I) shall be available

11 to the public and shall be subject to

12 public comment as in item (v).

13 ‘‘(III) ROLE OF THE COUNCIL.—

14 The Council shall fully consider the

15 recommendations of the Panel when

16 making its final recommendations of

17 projects proposed by Federal agencies

18 and reimbursed by BPA, or paid

19 through a direct funding agreement

20 with BPA. The Council shall submit

21 its recommendations to the House and

22 Senate Committees on Appropriations

23 and relevant authorizing committees,

24 and the U.S. Army Corps of Engi25 neers, U.S. Fish and Wildlife Service,
4

S 1167 RS

1 Bureau of Reclamation, and the Bon2 neville Power Administration no later

3 than May 15 of each year. If the

4 Council does not incorporate a rec5 ommendation of the Panel in its rec6 ommendations, the Council shall ex7 plain in writing its reasons for not ac8 cepting Panel recommendations.

9 ‘‘(viii) COST LIMITATION.—The an10 nual cost of this provision shall not exceed

11 $750,000 in 1997 dollars.’’.

Calendar No. 451

106TH CONGRESS

2D SESSION S. 1167

[Report No. 106–235]

A BILL

To amend the Pacific Northwest Electric Power

Planning and Conservation Act to provide for expanding the scope of the Independent ScientificReview Panel.

MARCH 9, 2000

Reported with an amendment