which the affected facilities has declared a drought emer-
gency or if any Federal agency finds that such bypass 
could result in harming endangered fish by any means un-
less such bypasses are necessary for flood control pur-
poses. 
SEC. 9. PROTECTING ELECTRICITY RIGHTS-OF-WAY ON 
FEDERAL LANDS. 
If an electricity right-of-way holder, including a 
Power Marketing Administration, on Forest Service or 
Bureau of Land Management lands applies to remove in-
sect-infected trees or other hazardous fuels within 500 feet 
of the right-of-way, the project or activity is categorically 
excluded from the requirement to prepare an environ-
mental assessment or an environmental impact statement 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), so long as the project or activity 
is otherwise conducted consistently with agency and de-
partmental procedures and the applicable land and re-
source management plan or land-use plan. 
SEC. 10. FEDERAL FUNDING PROHIBITION ON POWER MAR-
KETING ADMINISTRATION MEMORANDUM. 
No Federal funds, including funds derived from 
Power Marketing Administration customer revenues, shall 
be used to implement a new program, new project, new 
activity, or other new action required by or proposed in 
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the memorandum from Steven Chu, Secretary of Energy, 
to the Power Marketing Administrators with the subject 
line ‘‘Power Marketing Administrations’ Role’’ and dated 
March 16, 2012, until— 
(1) the Committee on Natural Resources of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate receive a 
report containing a legal analysis performed by the 
appropriate Federal agency that justifies the existing 
and proposed statutory authorities necessary to im-
plement every program, project, activity, and other 
action required or proposed by the memorandum; 
and 
(2) the authority for the program, project, ac-
tivity, or other action to be so funded has been au-
thorized— 
(A) as documented in the report required 
under paragraph (1); or 
(B) by a Federal law enacted after the 
issuance of that report. 
SEC. 11. FEDERAL FUNDING PROHIBITIONS ON FEDERAL 
DAM REMOVAL. 
Federal funding shall not be used to remove, partially 
remove, or breach, or study the removal, partial removal, 
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or breaching of any Federal or non-Federal hydroelectric- 
producing dam unless explicitly authorized by Congress. 
SEC. 12. FEDERAL FUNDING PROHIBITIONS ON DAM RE-
MOVAL MITIGATION. 
Federal funding or funding from congressionally 
chartered organizations that provide grants impacting 
Federal land and fish and wildlife shall not be used for 
mitigation activities carried out by Federal or non-Federal 
entities related to hydroelectric-producing dam removal 
unless explicitly authorized by Congress. 
SEC. 13. FEDERAL FUNDING PROHIBITIONS ON NON-
GOVERNMENTAL ORGANIZATIONS. 
(a) PROHIBITION ON FUNDING.—Federal agencies or 
congressionally chartered organizations that provide 
grants impacting Federal land and fish and wildlife shall 
not fund any nongovernmental organization that is in-
volved in or that was involved in certain litigation at any 
time during the 10 years immediately before the funding 
would otherwise be provided. 
(b) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘certain litigation’’ means litiga-
tion against the Federal Government that requests, 
urges, or otherwise attempts or if successful would 
result in hydroelectric producing dam removal, par-
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tial removal, breaching, or reoperation that would 
negatively impact the generation of hydropower; and 
(2) the term ‘‘involved in’’ includes a party to 
litigation, a person on behalf of whom litigation is 
initiated, settled, or otherwise instigated, and an at-
torney or law firm to whom or on behalf of whom 
attorneys fees will be paid as a result of the litiga-
tion. 
SEC. 14. DEPARTMENTS OF THE INTERIOR AND COMMERCE 
CONDITIONS AND RECOMMENDATIONS. 
(a) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) 
CONDITION.—The 
term 
‘‘condition’’ 
means— 
(A) a condition to a license for a project on 
a reservation deemed necessary by a consulting 
agency for the purpose of the first proviso of 
section 4(e) of the Federal Power Act (16 
U.S.C. 797(e)); or 
(B) a requirement relating to the construc-
tion, maintenance, or operation of a fishway 
prescribed by a consulting agency for the pur-
pose of the first sentence of section 18 of the 
Federal Power Act (16 U.S.C. 811). 
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(3) CONSULTING
AGENCY.—The term ‘‘con-
sulting agency’’ means— 
(A) in relation to a condition described in 
paragraph (2)(A), the Federal agency with re-
sponsibility for supervising the reservation; and 
(B) in relation to a requirement described 
in paragraph (2)(B), the Secretary of the Inte-
rior or the Secretary of Commerce, as appro-
priate. 
(4) PROPOSED LICENSE APPLICANT.—The term 
‘‘proposed license applicant’’ means a person, State, 
or municipality that is engaging in activities in prep-
aration for filing an application for a license under 
section 4 of the Federal Power Act (16 U.S.C. 797). 
(5) RESERVATION.—The term ‘‘reservation’’ 
has the meaning given the term ‘‘reservations’’ in 
section 3 of the Federal Power Act (16 U.S.C. 796). 
(6) 
PERSON; 
STATE; 
MUNICIPALITY.—The 
terms ‘‘person’’, ‘‘State’’, and ‘‘municipality’’ have 
the meanings given those terms in section 3 of the 
Federal Power Act (16 U.S.C. 796). 
(b) SUBMISSION OF RECOMMENDATIONS PRIOR TO 
FILING OF APPLICATION.—If a consulting agency makes 
any recommendation to a proposed license applicant prior 
to such license applicant filing a license application under 
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part I of the Federal Power Act (16 U.S.C. 792 et seq.) 
with the Commission, the consulting agency shall submit 
such recommendation to the Commission not later than 
30 days after making such recommendation. 
(c) FACTORS TO BE CONSIDERED.— 
(1) IN
GENERAL.—In deeming necessary or 
prescribing a condition, a consulting agency shall 
take into consideration— 
(A) the impacts of the condition on— 
(i) the cost of the project; 
(ii) electric generation capacity and 
system reliability; 
(iii) air quality (including consider-
ation of the impacts on greenhouse gas 
emissions); and 
(iv) drinking water supply, flood con-
trol, irrigation, navigation, and recreational 
water supply; and 
(B) compatibility with other conditions to 
be included in the license, including mandatory 
conditions of other agencies, if available. 
(2) DOCUMENTATION.— 
(A) IN GENERAL.—In the course of the 
consideration of factors under paragraph (1), a 
consulting agency shall create written docu-
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mentation detailing, among other pertinent 
matters, all proposals made, comments received, 
facts considered, and analyses made regarding 
each of those factors sufficient to demonstrate 
that each of the factors was given full consider-
ation in deeming necessary or prescribing the 
condition to be submitted to the Commission. 
(B) SUBMISSION TO THE COMMISSION.—A 
consulting agency shall include the documenta-
tion created under subparagraph (A) in its sub-
mission of a condition to the Commission. 
(d) RELATIONSHIP TO IMPACTS ON RESERVATION.— 
In the case of a condition deemed necessary by a con-
sulting agency for the purpose of the first proviso of sec-
tion 4(e) of the Federal Power Act (16 U.S.C. 797(e)), 
if the Commission determines such condition is not di-
rectly and reasonably related to the impacts of the project 
within the reservation, such condition shall not be included 
in any license issued by the Commission. 
Æ 
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