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land Renewable Resources Planning Act of 1974 (16 U.S.C.
1604). Nothing in this subsection shall preclude the issuance
of a right-of-way for the development of a wind or solar
energy project prior to the revision of a land use plan by
the appropriate land management agency.
(g) REPORT TO CONGRESS.—Within 24 months after
the date of enactment of this section, the Secretary of the
Interior shall develop and report to Congress recommenda-
tions on any statutory or regulatory changes the Secretary
believes would assist in the development of renewable energy
on Federal land. The report shall include—
(1) a five-year plan developed by the Secretary
of the Interior, in cooperation with the Secretary of
Agriculture, for encouraging the development of wind
and solar energy on Federal land in an environ-
mentally sound manner; and
(2) an analysis of—
(A) whether the use of rights-of-ways is the
best means of authorizing use of Federal land for
the development of wind and solar energy, or
whether such resources could be better developed
through a leasing system, or other method;
(B) the desirability of grants, loans, tax
credits or other provisions to promote wind and
solar energy development on Federal land; and
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(C) any problems, including environmental
concerns, which the Secretary of the Interior or
the Secretary of Agriculture have encountered in
managing wind or solar energy projects on Fed-
eral land, or believe are likely to arise in rela-
tion to the development of wind or solar energy
on Federal land;
(3) a list, developed in consultation with the Sec-
retaries of Energy and Defense, of lands under the ju-
risdiction of the Departments of Energy and Defense
that would be suitable for development for wind or
solar energy, and recommended statutory and regu-
latory mechanisms for such development.
(h) NATIONAL ACADEMY OF SCIENCES STUDY.— With-
in 90 days after the enactment of this Act, the Secretary
of the Interior shall contract with the National Academy
of Sciences to study the potential for the development of
wind, solar, and ocean energy on the Outer Continental
Shelf; assess existing Federal authorities for the develop-
ment of such resources; and recommend statutory and regu-
latory mechanisms for such development. The results of the
study shall be transmitted to Congress within 24 months
after the enactment of this Act.
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Subtitle F—General Provisions
SEC. 271. CHANGE 3 CENTS TO 1.5 CENTS.
Not withstanding any other provision in this Act, ‘‘3
cents’’ shall be considered by law to be ‘‘1.5 cents’’ in any
place ‘‘3 cents’’ appears in title II of this Act.
SEC. 272. BONNEVILLE POWER ADMINISTRATION BONDS.
Section 13 of the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838k) is amended—
(1) by striking the section heading and all that
follows through ‘‘(a) The Administrator’’ and insert-
ing the following:
‘‘SEC. 13. BONNEVILLE POWER ADMINISTRATION BONDS.
‘‘(a) BONDS.—
‘‘(1) IN GENERAL.—The Administrator’’; and
(2) by adding at the end the following:
‘‘(2) ADDITIONAL BORROWING AUTHORITY.—In
addition to the borrowing authority of the Adminis-
trator authorized under paragraph (1) or any other
provision of law, an additional $1,300,000,000 is
made available, to remain outstanding at any one
time—
‘‘(A) to provide funds to assist in financing
the construction, acquisition, and replacement of
the transmission system of the Bonneville Power
Administration; and
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‘‘(B) to implement the authorities of the Ad-
ministrator under the Pacific Northwest Electric
Power Planning and Conservation Act (16
U.S.C. 839 et seq.).’’.
TITLE III—HYDROELECTRIC
RELICENSING
SEC. 301. ALTERNATIVE CONDITIONS AND FISHWAYS.
(a) ALTERNATIVE MANDATORY CONDITIONS.—Section
4 of the Federal Power Act (16 U.S.C. 797) is amended
by adding at the end the following:
‘‘(h)(1) Whenever any person applies for a license for
any project works within any reservation of the United
States under subsection (e), and the Secretary of the depart-
ment under whose supervision such reservation falls (in this
subsection referred to as the ‘Secretary’) shall deem a condi-
tion to such license to be necessary under the first proviso
of such section, the license applicant may propose an alter-
native condition.
‘‘(2) Notwithstanding the first proviso of subsection
(e), the Secretary of the department under whose super-
vision the reservation falls shall accept the proposed alter-
native condition referred to in paragraph (1), and the Com-
mission shall include in the license such alternative condi-
tion, if the Secretary of the appropriate department deter-
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mines, based on substantial evidence provided by the license
applicant, that the 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 com-
pared to the condition initially deemed necessary
by the Secretary.
‘‘(3) The Secretary shall submit into the public record
of the Commission proceeding with any condition under
subsection (e) or alternative condition it accepts under this
subsection a written statement explaining the basis for such
condition, and reason for not accepting any alternative con-
dition under this subsection, including the effects of the con-
dition accepted and alternatives not accepted on energy
supply, distribution, cost, and use, air quality, flood con-
trol, navigation, and drinking, irrigation, and recreation
water supply, based on such information as may be avail-
able to the Secretary, including information voluntarily
provided in a timely manner by the applicant and others.
‘‘(4) Nothing in this subsection shall prohibit other in-
terested parties from proposing alternative conditions.’’.
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(b) ALTERNATIVE FISHWAYS.—Section 18 of the Fed-
eral Power Act (16 U.S.C. 811) is amended by—
(1) inserting ‘‘(a)’’ before the first sentence; and
(2) adding at the end the following:
‘‘(b)(1) Whenever the Secretary of the Interior or the
Secretary of Commerce prescribes a fishway under this sec-
tion, the license applicant or the licensee may propose an
alternative to such prescription to construct, maintain, or
operate a fishway.
‘‘(2) Notwithstanding subsection (a), the Secretary of
the Interior or the Secretary of Commerce, as appropriate,
shall accept and prescribe, and the Commission shall re-
quire, the proposed alternative referred to in paragraph (1),
if the Secretary of the appropriate department determines,
based on substantial evidence provided by the licensee, that
the alternative—
‘‘(A) will be no less protective of the fish re-
sources than the fishway initially prescribed by the
Secretary; and
‘‘(B) will either—
‘‘(i) cost less to implement, or
‘‘(ii) result in improved operation of the
project works for electricity production as com-
pared to the fishway initially prescribed by the
Secretary.