104
and wood wastes and residues, plants (including 
aquatic plants), grasses, residues, fibers, and animal 
wastes, municipal wastes, and other waste mate-
rials.’’. 
(d) REBATE PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of En-
ergy shall establish a program providing rebates for 
consumers for expenditures made for the installation 
of a renewable energy system in connection with a 
dwelling unit or small business. 
(2) AMOUNT
OF
REBATE.—Rebates provided 
under the program established under paragraph (1) 
shall be in an amount not to exceed the lesser of—
(A) 25 percent of the expenditures de-
scribed in paragraph (1) made by the con-
sumer; or 
(B) $3,000. 
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘renewable energy system’’ has the 
meaning given that term in section 415(c)(6)(A) of 
the Energy Conservation and Production Act (42 
U.S.C. 6865(c)(6)(A)), as added by subsection 
(a)(3) of this section. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
105
retary of Energy for carrying out this subsection, to 
remain available until expended—
(A) $150,000,000 for fiscal year 2006; 
(B) $150,000,000 for fiscal year 2007; 
(C) $200,000,000 for fiscal year 2008; 
(D) $250,000,000 for fiscal year 2009; 
and 
(E) $250,000,000 for fiscal year 2010. 
(e) RENEWABLE FUEL INVENTORY.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary of Energy shall transmit to Congress a report con-
taining—
(1) an inventory of renewable fuels available for 
consumers; and 
(2) a projection of future inventories of renew-
able fuels based on the incentives provided in this 
section 
Subtitle C—Hydroelectric 
PART I—ALTERNATIVE CONDITIONS 
SEC. 231. ALTERNATIVE CONDITIONS AND FISHWAYS. 
(a) FEDERAL RESERVATIONS.—Section 4(e) of the 
Federal Power Act (16 U.S.C. 797(e)) is amended by in-
serting after ‘‘adequate protection and utilization of such 
reservation.’’ at the end of the first proviso the following: 
‘‘The license applicant shall be entitled to a determination
106
on the record, after opportunity for an expedited agency 
trial-type hearing of any disputed issues of material fact, 
with respect to such conditions. Such hearing may be con-
ducted in accordance with procedures established by agen-
cy regulation in consultation with the Federal Energy 
Regulatory Commission.’’. 
(b) FISHWAYS.—Section 18 of the Federal Power Act 
(16 U.S.C. 811) is amended by inserting after ‘‘and such 
fishways as may be prescribed by the Secretary of Com-
merce.’’ the following: ‘‘The license applicant shall be enti-
tled to a determination on the record, after opportunity 
for an expedited agency trial-type hearing of any disputed 
issues of material fact, with respect to such fishways. Such 
hearing may be conducted in accordance with procedures 
established by agency regulation in consultation with the 
Federal Energy Regulatory Commission.’’. 
(c) ALTERNATIVE
CONDITIONS
AND
PRESCRIP-
TIONS.—Part I of the Federal Power Act (16 U.S.C. 791a 
et seq.) is amended by adding the following new section 
at the end thereof: 
‘‘SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS. 
‘‘(a) ALTERNATIVE CONDITIONS.—(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 reserva-
107
tion falls (referred to in this subsection as ‘the Secretary’) 
deems a condition to such license to be necessary under 
the first proviso of section 4(e), the license applicant may 
propose an alternative condition. 
‘‘(2) Notwithstanding the first proviso of section 4(e), 
the Secretary shall accept the proposed alternative condi-
tion 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 or otherwise available to 
the Secretary, that such alternative condition—
‘‘(A) provides for the adequate protection and 
utilization of 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 nec-
essary by the Secretary. 
‘‘(3) The Secretary shall submit into the public 
record of the Commission proceeding with any condition 
under section 4(e) or alternative condition it accepts under 
this section, a written statement explaining the basis for 
such condition, and reason for not accepting any alter-
native condition under this section. The written statement
108
must demonstrate that the Secretary gave equal consider-
ation to the effects of the condition adopted and alter-
natives not accepted on energy supply, distribution, cost, 
and use; flood control; navigation; 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 section shall prohibit other inter-
ested parties from proposing alternative conditions. 
‘‘(5) If the Secretary does not accept an applicant’s 
alternative condition under this section, and the Commis-
sion finds that the Secretary’s condition would be incon-
sistent with the purposes of this part, or other applicable 
law, the Commission may refer the dispute to the Commis-
sion’s Dispute Resolution Service. The Dispute Resolution 
Service shall consult with the Secretary and the Commis-
sion and issue a non-binding advisory within 90 days. The 
Secretary may accept the Dispute Resolution Service advi-
sory unless the Secretary finds that the recommendation 
will not provide for the adequate protection and utilization