(2) is in the public interest, taking into account 
potential impacts on affected local communities and 
federally recognized Indian tribes among other fac-
tors. 
(b) BASIS FOR SECRETARIAL DETERMINATION.—To 
support the Secretarial determination, the Secretary, in 
cooperation with the Secretary of Commerce and other en-
tities, shall— 
(1) use existing information; 
(2) conduct any necessary further appropriate 
studies; 
(3) prepare an environmental document under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
(4) take such other actions as the Secretary de-
termines to be appropriate. 
(c) DESIGNATION OF DAM REMOVAL ENTITY.— 
(1) IN GENERAL.—If the Secretarial determina-
tion provides for proceeding with facilities removal, 
the Secretarial determination shall include the des-
ignation of a Dam Removal Entity. 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Dam Removal Entity designated 
by the Secretary shall be the Department if the 
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Secretary determines, in the judgment of the 
Secretary, that— 
(i) the Department has the capabili-
ties and responsibilities for facilities re-
moval described in section 7 of the Hydro-
electric Settlement; and 
(ii) it is appropriate for the Depart-
ment to be the Dam Removal Entity. 
(B) NON-FEDERAL
DAM
REMOVAL
ENTI-
TY.—As determined by the Secretary consistent 
with section 3.3.4.E of the Hydroelectric Settle-
ment, the Secretary may designate a non-Fed-
eral Dam Removal Entity if— 
(i) the Secretary finds, based on the 
judgment of the Secretary, that the Dam 
Removal Entity-designate is qualified and 
has the capabilities and responsibilities for 
facilities removal described in section 7 of 
the Hydroelectric Settlement; 
(ii) the States have concurred in the 
finding described in clause (i); and 
(iii) the Dam Removal Entity-des-
ignate has committed, if so designated, to 
perform facilities removal within the State 
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Cost Cap described in section 4.1.3 of the 
Hydroelectric Settlement. 
(d) CONDITIONS
FOR SECRETARIAL DETERMINA-
TION.—The Secretary may not make or publish the Secre-
tarial determination, unless the conditions specified in sec-
tion 3.3.4 of the Hydroelectric Settlement have been satis-
fied. 
(e) NOTICE.—The Secretary shall— 
(1) publish notification of the Secretarial deter-
mination in the Federal Register; and 
(2) submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representa-
tives a report on implementation of the Hydro-
electric Settlement. 
(f) JUDICIAL REVIEW OF SECRETARIAL DETERMINA-
TION.— 
(1) IN GENERAL.—For purposes of judicial re-
view, the Secretarial determination shall constitute a 
final agency action with respect to whether or not to 
proceed with facilities removal. 
(2) PETITION FOR REVIEW.— 
(A) FILING.— 
(i) IN GENERAL.—Judicial review of 
the Secretarial determination and related 
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actions to comply with environmental laws 
(including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), and the National 
Historic Preservation Act (16 U.S.C. 470 
et seq.)) may be obtained by an aggrieved 
person or entity only as provided in this 
subsection. 
(ii) JURISDICTION.—A petition for re-
view under this paragraph may be filed 
only in the United States Court of Appeals 
for the District of Columbia Circuit or in 
the Ninth Circuit Court of Appeals. 
(iii) LIMITATION.—Neither a district 
court of the United States nor a State 
court shall have jurisdiction to review the 
Secretarial determination or related actions 
to comply with environmental laws de-
scribed in clause (i). 
(B) DEADLINE.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), any petition for review under 
this subsection shall be filed within 60 
days after the date of publication of the 
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Secretarial determination in the Federal 
Register. 
(ii) SUBSEQUENT GROUNDS.—If a pe-
tition is based solely on grounds arising 
after the date that is 60 days after the 
date of publication of the Secretarial deter-
mination in the Federal Register, the peti-
tion for review under this subsection shall 
be filed not later than 60 days after the 
grounds arise. 
(3) IMPLEMENTATION.—Any action of the Sec-
retary with respect to which review could have been 
obtained under this paragraph shall not be subject 
to judicial review in any action relating to the imple-
mentation of the Secretarial determination or in pro-
ceedings for enforcement of the Hydroelectric Settle-
ment. 
(4) APPLICABLE STANDARD AND SCOPE.—Judi-
cial review of the Secretarial determination shall be 
in accordance with the standard and scope of review 
under subchapter II of chapter 5, and chapter 7, of 
title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’). 
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(5) NON-TOLLING.—The filing of a petition for 
reconsideration by the Secretary of an action subject 
to review under this subsection shall not— 
(A) affect the finality of the action for pur-
poses of judicial review; 
(B) extend the time within which a petition 
for judicial review under this subsection may be 
filed; or 
(C) postpone the effectiveness of the ac-
tion. 
SEC. 203. FACILITIES TRANSFER AND REMOVAL. 
(a) FACILITIES REMOVAL PROCESS.— 
(1) APPLICATION.—This subsection shall apply 
if— 
(A) the Secretarial determination provides 
for proceeding with facilities removal; 
(B) the States concur in the Secretarial 
determination in accordance with section 3.3.5 
of the Hydroelectric Settlement; 
(C) the availability of non-Federal funds 
for the purposes of facilities removal is con-
sistent with the Hydroelectric Settlement; and 
(D) the Hydroelectric Settlement has not 
terminated in accordance with section 8.11 of 
the Hydroelectric Settlement. 
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