‘‘(A) will be equally or more effective 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,
than the fishway initially prescribed by the Secretary.
‘‘(3) Within one year after the enactment of this sub-
section, the Secretary of the Interior and the Secretary
of Commerce shall each, by rule, establish a process to
expeditiously resolve conflicts arising under this sub-
section.’’.
SEC. 17. FERC DATA ON HYDROELECTRIC LICENSING.
(a) DATA COLLECTION PROCEDURES.—The Federal
Energy Regulatory Commission shall revise its procedures
regarding the collection of data in connection with the
Commission’s consideration of hydroelectric licenses under
the Federal Power Act. Such revised data collection proce-
dures shall be designed to provide the Commission with
complete and accurate information concerning the time
and costs to parties involved in the licensing process. Such
data shall be available for each significant stage in the
licensing process and shall be designed to identify projects
with similar characteristics so that analyses can be made
of the time and costs involved in licensing proceedings
based upon the different characteristics of those pro-
ceedings.
(b) REPORTS.—Within 6 months after the date of en-
actment of this Act, the Commission shall notify the Com-
mittee on Energy and Commerce of the United States
House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate of the
progress made by the Commission under subsection (a),
and within one year after such date of enactment, the
Commission shall submit a report to such Committees
specifying the measures taken by the Commission pursu-
ant to subsection (a).
SEC. 18. ENFORCEMENT.
(a) MONITORING AND INVESTIGATIONS OF MANDA-
TORY CONDITIONS AND FISHWAY PRESCRIPTIONS.—The
first sentence of section 31(a) of the Federal Power Act
(16 U.S.C. 823b(a)) is amended to read as follows: ‘‘The
Commission shall monitor, investigate, and enforce com-
pliance with each license and permit issued under this
part, each condition imposed under section 4(e) or 4(h),
each fishway prescription imposed under section 18, condi-
tions of State water quality certification and protection of
fish and game, and each exemption granted from any re-
quirement of this part. Nothing in this section shall be
construed to limit or abridge the authority of agencies ad-
ministering section 401 of the Clean Water Act or to af-
fect the applicability of section 1365 of the Clean Water
Act.’’.
(b) COMPLIANCE ORDERS.—The third sentence of
section 31(a) of the Federal Power Act (16 U.S.C. 823(a))
is amended to read as follows: ‘‘After notice and oppor-
tunity for public hearing, the Commission shall issue such
orders as necessary to require compliance with all of the
terms and conditions of licenses, permits, and exemptions
issued under this part, with conditions imposed under sec-
tion 4(e) or 4(h), with fishway prescriptions imposed
under section 18, conditions of State water quality certifi-
cation and protection of fish and game, and with the terms
and conditions of exemptions granted from any require-
ment of this part.’’.
(c) CHANGES IN WATER QUALITY STANDARDS.—
Within 12 months of the enactment of this section, the
Federal Energy Regulatory Commission shall establish
procedures to reopen and amend licenses to ensure that
a project complies with State water quality standards for
the duration of the license term.
SEC. 19. SUNSHINE IN FINANCIAL ACCOUNTING.
Section 9 of the Federal Power Act (16 U.S.C. 802)
is amended by redesignating subsection (c) as paragraph
(3) of subsection (a) and by adding the following new sub-
section at the end thereof:
‘‘(c) Each applicant for an original license, permit,
or exemption or for a new license under section 15, shall
provide to the Commission such financial accounting infor-
mation, including revenue and net revenue projections, re-
garding the project as would be provided to potential in-
vestors in the project concerned. Such information shall
not be considered proprietary, and the Commission shall
make such information available to the public. The Com-
mission may prescribe such rules as may be necessary to
carry out this subsection.’’.
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