The Dingell-Boehlert substitute amendment for the hydroelectric relicensing title of the bill is identical to the bipartisan compromise language that was included in last year’s energy bill and that passed the full House. This amendment was offered at both the markup before the Subcommittee on Energy and Air Quality and at the full Committee on Energy and Commerce.

The amendment introduces flexibility into the licensing and relicensing of hydroelectric facilities by allowing any party to a licensing proceeding to propose alternatives to the resource and fishway prescriptions made by the resource agencies. The Secretary must accept the alternative so long as he or she determines it provides the same level of protection for resources, fish, and wildlife and either costs less to implement or would result in more efficient operation of the hydroelectric facility. The amendment also requires the resource agencies to establish a process to expeditiously resolve any disputes involving resource or fish and wildlife conditions.

The language contained in H.R. 6 entitles only one party to a licensing -- the utility -- to propose alternatives and grants them special procedural rights that are not afforded to other legitimate stakeholders. This is a fundamental shift away from the balance that should exist in this process; a balance that recognizes that many groups -- including states, Indian tribes, landowners, sportsmen, and concerned citizens -- have a legitimate interest in this process.

The amendment would also strike the incentive payment program for hydropower contained in this title.