under paragraph (2) shall, not later than 
30 days prior to such deadline, file for an 
extension with the Commission. The Com-
mission shall issue a one-time extension of 
up to 90 days to any such Federal or State 
agency upon a demonstration of good 
cause. 
‘‘(ii) OTHER EXTENSIONS.—The Com-
mission may grant extensions requested by 
the license applicant or other licensing par-
ticipants to facilitate settlement, address 
unforeseen circumstances, or accommodate 
other showings of good cause if the Com-
mission determines that any such extension 
would reduce the overall time period for 
decision making on required Federal au-
thorizations for the project, increase the 
administrative efficiency of the processes 
for Federal authorizations, or improve the 
quality of information available to Federal 
and State agencies with a responsibility for 
a Federal authorization. 
‘‘(iii) REISSUANCE OF SCHEDULE.—If 
the Commission grants an extension under 
this paragraph, the Commission shall re-
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issue the schedule and applicable deadlines 
to reflect the extension of time granted. 
‘‘(C) LIMITATION.—Notwithstanding the 
Commission’s authority to extend the schedule 
as provided in subparagraph (B), the Commis-
sion shall not grant any extension that would 
increase by 1 year or longer the time period in 
the original schedule issued under paragraph 
(2) for obtaining all Federal authorizations for 
the applicable project. 
‘‘(4) FAILURE
TO
MEET
SCHEDULE
DEAD-
LINES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), if a Federal or State agency fails to 
complete its disposition of a Federal authoriza-
tion in accordance with the schedule deadline 
established under paragraph (2) (as may be ex-
tended under paragraph (3))— 
‘‘(i) in the case of a Federal agency, 
$5,000 of unobligated funds shall be re-
scinded; or 
‘‘(ii) in the case of a State agency, 
$5,000 of unobligated funds shall be re-
scinded from Federal fish and wildlife or 
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water resources funding programs to the 
State. 
‘‘(B) SUBSEQUENT
RESCISSION.—Subject 
to subparagraph (C), for each additional week 
after any deadline established by the Commis-
sion under paragraph (2) (as may be extended 
under paragraph (3)) remains uncompleted by a 
Federal or State agency with a responsibility 
for a Federal authorization, an additional re-
scission of $5,000 shall occur as provided in 
subparagraph (A). 
‘‘(C) MAXIMUM ANNUAL RESCISSION.—For 
each individual Federal authorization for a 
project, the total amounts rescinded under sub-
paragraphs (A) and (B) shall not exceed, in any 
fiscal year, $100,000. 
‘‘(D) LIMITATION.—No head of a Federal 
or State department or agency shall reprogram 
funds from another Federal account or program 
for the loss of the funds under this paragraph. 
No head of a Federal or State agency shall re-
port or include any rescinded funds as an ad-
ministrative cost for purposes of annual charges 
under section 10(e). 
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‘‘(e) INCONSISTENT
OR
CONFLICTING
LICENSE 
TERMS.— 
‘‘(1) CONSULTATION TO RESOLVE INCONSIST-
ENCY OR CONFLICT.— 
‘‘(A) IN GENERAL.—If a term or condition 
of a Federal authorization submitted for inclu-
sion in a license under this part conflicts or is 
otherwise inconsistent with another such term 
or condition, the Commission shall initiate and 
facilitate consultation between the Federal or 
State resource agencies submitting conflicting 
or inconsistent terms or conditions, to attempt 
to resolve the inconsistency or conflict, includ-
ing with any such conditions recommended for 
inclusion in the license by the Commission. 
‘‘(B) MEETINGS.—The consultation period 
under this subsection shall extend up to 90 
days and shall include at least one technical 
conference or similar meeting. The Commission 
shall issue notice of any such conference or 
other consultation meeting, which shall be open 
to participation by the license applicant, other 
agencies, and other licensing participants. 
‘‘(C) AMENDMENT
AND
REISSUANCE.—If 
the agencies submitting the terms or conditions 
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resolve the inconsistency or conflict, the Com-
mission and other consulting agencies shall set 
a reasonable schedule and deadline, that is not 
later than 90 days after the conclusion of the 
consultation, for the agencies to amend and re-
issue their Federal authorizations to reflect the 
resolution, as appropriate. 
‘‘(2) RESOLUTION OF INCONSISTENCY OR CON-
FLICT.— 
‘‘(A) STATEMENTS.—If agencies are un-
able to resolve an inconsistency or conflict 
under paragraph (1), not later than 30 days 
after the conclusion of the consultation process 
under such paragraph, the agencies shall sub-
mit to the public record maintained by the 
Commission a statement that identifies the in-
consistency or conflict, explains the position 
taken by each agency causing the inconsistency 
or conflict, and provides an analysis, supported 
by information in the public record, of the fac-
tual basis for the inconsistent or conflicting po-
sition taken by each agency. 
‘‘(B) REFERRAL.—Following such submis-
sion, the Commission shall refer the matter for 
resolution as provided in subsection (f). 
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‘‘(f) RESOLUTION OF INTERAGENCY DISPUTES.— 
‘‘(1) REFERRAL
TO
OMB.—For any dispute 
under subsections (c), (d), or (e) among Federal and 
State agencies with responsibility for a Federal au-
thorization, as well as any dispute between any such 
agency and the license applicant, the Commission 
may, upon its own motion or the request of the head 
of any such agency or the license applicant, refer the 
matter to the Director of the Office of Management 
and Budget. 
‘‘(2) ACTION BY OMB.—With respect to any dis-
pute referred to the Director under paragraph (1), 
the Director, in consultation with the Chair of the 
Council on Environmental Quality, shall act as ap-
propriate— 
‘‘(A) to ensure a timely participation; 
‘‘(B) to ensure a timely decision; 
‘‘(C) to mediate the dispute; or 
‘‘(D) to refer the matter to the President. 
‘‘(3) PARTICIPATION.—The license applicant 
and other interested participants shall be provided 
the opportunity to participate in the resolution of 
any issues under this subsection.’’. 
Æ 
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