A bill to direct the Federal Energy Regulatory Commission to issue an order with respect to Docket No. EL-85-38-000.
PL 100-216 (H.R.519), enacted 12/29/1987

101 STAT. 1450 
PUBLIC LAW 100-216—DEC. 29, 1987 
Public Law 100-216 
100th Congress 
An Act 
Dec. 29, 1987 
[H.R. 519] 
Idaho. 
Contracts. 
Fish and fishing. 
Wildlife. 
Environment. 
Idaho. 
To direct the Federal Energy Regulatory Commission to issue an order with respect 
to Docket No. EL-85-38-000. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. FERC ORDER. 
(a) ISSUANCE OF ORDER.—Notwithstanding the petition filed by the 
Idaho Power Company on November 26, 1984, with the Federal 
Energy Regulatory Commission for a declaratory order concerning 
an Agreement dated October 25, 1984 (Exhibit A, Petition of Idaho 
Power Company for Declaratory Order, FERC Docket No. EL-85-
38-000), relative to the projects of such company specifically ref-
erenced in the petition, the Federal Energy Regulatory Commission 
is authorized and directed, in lieu of the petition request, to issue an 
order under the Federal Power Act providing that such Agreement 
shall not be considered by the Commission, in any subsequent 
proceeding before the Commission during the remaining term of the 
licenses applicable to such projects, to be either— 
(1) inconsistent with the terms and conditions of such licenses 
concerning the retention of project property; or 
(2) imprudent for purposes of section 205 of the Federal Power 
Act. 
The order, subject to the requirements of section 3(a)(2), shall be 
issued within 90 calendar days after enactment of this Act and shall 
take effect on the date provided in section 3. 
(b) CONSIDERATION OF OTHER MATTERS.—Notwithstanding the issu-
ance of an order pursuant to this section, except for the specific 
terms and conditions referred to in subsection (a)(1) and the specific 
provisions of the Federal Power Act referred to in subsection (a)(2), 
the Commission may, at any time, consider, in accordance with 
existing and applicable law, whether the settlement agreement and 
the licensee are in full compliance with— 
(1) any terms and conditions of the license (including those 
relating to the protection, mitigation, and enhancement of fish 
and wildlife), and 
(2) any other applicable provision of Federal environmental 
law (including section 10 of the Federal Power Act). 
(c) OFFERS OF SETTLEMENT.—In issuing an order pursuant to this 
section, the Commission shall accept and adopt as part of the order 
the Offers of Settlement pending before the Commission on enact-
ment of this Act between the licensee, the State of Idaho, the 
Secretary of the Interior, the National Marine Fisheries Service and 
others. 
SEC. 2. SAVINGS PROVISION. 
(a) FISH AND WILDLIFE AGREEMENTS AND STIPULATIONS.—Nothing 
in section 1 or in any order issued by the Commission pursuant to 
section 1 shall be construed as affecting any stipulation or other 
PUBLIC LAW 100-216—DEC. 29, 1987 
101 STAT. 1451 
agreement entered into by the State of Idaho or the Idaho Power 
Company prior to the date of enactment of this Act relating to any 
fish and wildlife matters affected by any such project. 
03) FERC AUTHORITY.—Nothing in section 1 shall be construed to 
modify, change, expand, or limit the authority of the Federal Energy 
Regulatory Commission under the Federal Power Act or other 
applicable law relating to fish and wildlife. 
(c) WATER.—Nothing in this Act shall be construed as (1) affecting 
the rights or jurisdiction of the United States, the States, Indian 
tribes, or other entities over waters of any river or stream or over 
any ground water resource; (2) altering or establishing the respec-
tive rights of States, the United States, Indian tribes, or any person 
with respect to any water or water-related right; or (3) altering, 
amending, repealing, interpreting, modifying, or be in conflict with, 
the Treaty rights or other rights of any Indian tribe. 
SEC. 3. STUDY. 
(a) JOINT AGREEMENT TO CONDUCT STUDY.— 
(1) The Federal and licensee parties to the Offers of Settle-
ment and the settlement agreement referred to in section 1 
shall immediately after enactment of this Act enter into good 
faith negotiations for a joint agreement to conduct and ade-
quately finance detailed evaluations and studies (and issue a 
report thereon) concerning the timing, quantity and quality of 
instream flows and related matters to protect, enhance, and 
mitigate fish and wildlife resources, including anadromous fish 
and related habitat of the Snake River and the Deer Flat 
National Wildlife Refuge. Such agreement shall be filed with 
the Federal Energy Regulatory Commission and shall be consid-
ered thereafter as part of the order issued pursuant to section 1. 
Such negotiations shall be completed and a joint agreement 
entered into by all such parties and filed with the Commission 
not later than 60 calendar days after the order is issued under 
section 1. 
(2) If a joint agreement is not entered and filed within the 60-
day period referred to in paragraph (1), the Commission shall 
within 60 calendar days after the expiration of such period issue 
an order under this paragraph requiring that the evaluations 
and studies referred to in paragraph (1) be undertaken and the 
duties and responsibilities of such parties to conduct and fi-
nance them. The Commission may for good cause extend the 
time for issuance of the order under this paragraph an addi-
tional period of not more than 45 calendar days. The Commis-
sion in issuing an order under this subsection, may take into 
consideration such information as the parties may stipulate and 
file with the Commission resulting from such negotiations. The 
Commission is not required, notwithstanding any provision of 
law, to afford the parties any other opportunity to make oral or 
written presentations to the Commission regarding such order. 
In any judicial review of the order issued under section 1, the 
order (or the adequacy thereof) issued under this paragraph 
shall not be a basis for that review or for a stay of the effective 
date of the order issued under section 1. 
(3) The order referred to in section 1 shall be effective and 
final when the joint agreement referred to in paragraph (1) is 
filed by all the parties with the Commission, or not later than 
60 calendar days after such order is issued under section 1, 
State and local 
governments. 
Indians. 
Reports. 
Fish and fishing. 
Wildlife. 
101 STAT. 1452 
PUBLIC LAW 100-216—DEC. 29, 1987 
Reports. 
Public 
information. 
State and local 
governments. 
Idaho. 
.Appropriation 
authorization. 
Indians. 
whichever comes first. The order referred to in paragraph (2) 
shall be effective and final when issued. When effective, each 
order issued and joint agreement adopted shall be enforced by 
the Commission under the Federal Power Act and the licensee 
V 
shall pay its assigned share at the times and in the manner 
directed by the Commission. 
(4) The evaluations and studies and the report thereof re-
quired by this subsection shall be made available by the Federal 
parties to the public and the Commission and shall be consid-
*' 
ered by the Commission in accordance with existing and ap-
plicable law. Nothing contained in this Act requires the 
' 
Commission to take any action pursuant to such consideration, 
or authorizes or grants the Commission any authority to take 
any action, based upon the findings, recommendations, results, 
or conclusions of the study required by this section. 
(5) Any final order issued pursuant to this Act shall be subject 
to judicial review in the same manner as final orders under the 
Federal Power Act are subject to judicial review under that Act. 
Qa) PARTICIPATION BY GOVERNOR.—At any time prior to the effec-
tive date of the order issued under section 1(a) of this Act, the 
Governor of the State of Idaho shall have the option to participate in 
good faith in the negotiations required by section 3 of this Act. In 
exercising such option, the Governor shall agree to carry out the 
State's responsibilities under the agreement or any order issued by 
the Commission under subsection (a). 
(c) FUNDING FOR FEDERAL SHARE OF STUDIES.—The Secretary of 
the Interior and the National Oceanic and Atmospheric Administra-
tion shall, subject to applicable appropriation Acts, utilize such 
funds as may be available for carrying out the evaluations and 
studies required by this Act to be conducted by the parties referred 
to in subsection (a) and such agencies are authorized and directed to 
seek further appropriations as may be necessary. All such funds 
shall be available until expended. The Federal share of the costs of 
carrying out the evaluations and studies shall be determined pursu-
ant to the joint agreement under subsection (a) (or the Commission 
order under subsection (a)(2), if applicable). The Federal agencies 
shall provide for consultation with the affected Indian tribes and 
other interested public or private persons during the conduct of any 
study conducted pursuant to this Act. 
SEC. 4. PROVIDING INFORMATION TO CONGRESS. 
The Federal Energy Regulatory Commission, the Secretary of the 
Interior, and the Administrator of the National Oceanic and At-
mospheric Administration shall keep the Committee on Energy and 
PUBLIC LAW 100-216—DEC. 29, 1987 
101 STAT. 1453 
Commerce of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate fully and currently 
informed of the status of all actions taken or required by this Act 
and of any delays (and the reasons therefor) in implementing all 
such actions. 
Approved December 29, 1987. 
LEGISLATIVE HISTORY—H.R. 519 (S. 214): 
HOUSE REPORTS: No. 100-418 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 100-8 accompanying S. 214 (Comm. on Energy and Natural 
Resources). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Feb. 19, S. 214 considered and passed Senate. 
Nov. 9, H.R. 519 considered and passed House. 
Dec. 18, considered and passed Senate, amended. House concurred in Senate 
amendment.