---
kind: "section"
citation: "7 C.F.R. § 1.674"
title: "7"
number: "1.674"
heading: "How will the Forest Service analyze a proposed alternative and formulate its modified condition?"
url: "https://uscodex.org/cfr/7/1.674"
---

# §1.674. How will the Forest Service analyze a proposed alternative and formulate its modified condition?

- (a) In deciding whether to accept an alternative proposed under [§ 1.671](/cfr/7/1.671.md) or [§ 1.672](/cfr/7/1.672.md), the Forest Service must consider evidence and supporting material provided by any license party or otherwise reasonably available to the Forest Service, including:
  - (1) Any evidence on the implementation costs or operational impacts for electricity production of the proposed alternative;
  - (2) Any comments received on the Forest Service's preliminary condition;
  - (3) Any ALJ decision on disputed issues of material fact issued under [§ 1.660](/cfr/7/1.660.md) with respect to the preliminary condition;
  - (4) Comments received on any draft or final NEPA documents; and
  - (5) The license party's proposal under [§ 1.671](/cfr/7/1.671.md) or [§ 1.672](/cfr/7/1.672.md).
- (b) The Forest Service must accept a proposed alternative if the Forest Service determines, based on substantial evidence provided by any license party or otherwise available to the Forest Service, that the alternative:
  - (1) **Will, as compared to the Forest Service's preliminary condition—**
    - (i) Cost significantly less to implement; or
    - (ii) Result in improved operation of the project works for electricity production; and
  - (2) **Will provide for the adequate protection and utilization of the reservation.**
- (c) For purposes of paragraphs [(a)](#a) and [(b)](#b) of this section, the Forest Service will consider evidence and supporting material provided by any license party by the deadline for filing comments on FERC's NEPA document under [18 CFR 5.25(c)](/cfr/18/5.25.md?p=c).
- (d) When the Forest Service files with FERC the condition that the Forest Service adopts as its modified condition under [§ 1.673(a)(2)](/cfr/7/1.673.md?p=a-2), it must also file:
  - (1) **A written statement explaining—**
    - (i) The basis for the adopted condition;
    - (ii) If the Forest Service is not accepting any pending alternative, its reasons for not doing so; and
    - (iii) If any alternative submitted under [§ 1.671](/cfr/7/1.671.md) was subsequently withdrawn by the license party, that the alternative was withdrawn; and
  - (2) Any study, data, and other factual information relied on that is not already part of the licensing proceeding record.
- (e) The written statement under [paragraph (d)(1)](#d-1) of this section must demonstrate that the Forest Service gave equal consideration to the effects of the condition adopted and any alternative not accepted on:
  - (1) Energy supply, distribution, cost, and use;
  - (2) Flood control;
  - (3) Navigation;
  - (4) Water supply;
  - (5) Air quality; and
  - (6) **Preservation of other aspects of environmental quality.**

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17181, Mar. 31, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.