H. R. 6—82
single trial-type hearing to be conducted by the relevant resource 
agency in accordance with the regulations promulgated under this 
subsection and within the time frame established by the Commis-
sion for each license proceeding. Within 90 days of the date of 
enactment of the Energy Policy Act of 2005, the Secretaries of 
the Interior, Commerce, and Agriculture shall establish jointly, 
by rule, the procedures for such expedited trial-type hearing, 
including the opportunity to undertake discovery and cross-examine 
witnesses, in consultation with the Federal Energy Regulatory 
Commission.’’. 
(c) ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.—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 reservation falls (referred to in this sub-
section as the ‘Secretary’) deems a condition to such license to 
be necessary under the first proviso of section 4(e), the license 
applicant or any other party to the license proceeding may propose 
an alternative condition. 
‘‘(2) Notwithstanding the first proviso of section 4(e), the Sec-
retary shall accept the proposed alternative condition 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, any other 
party to the proceeding, 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, as compared to the condition initially by 
the Secretary— 
‘‘(i) cost significantly less to implement; or 
‘‘(ii) result in improved operation of the project works 
for electricity production. 
‘‘(3) In making a determination under paragraph (2), the Sec-
retary shall consider evidence provided for the record by any party 
to a licensing proceeding, or otherwise available to the Secretary, 
including any evidence provided by the Commission, on the 
implementation costs or operational impacts for electricity produc-
tion of a proposed alternative. 
‘‘(4) The Secretary concerned 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 alternative condition under this section. The 
written statement must demonstrate that the Secretary gave equal 
consideration to the effects of the condition adopted and alternatives 
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