§811. Operation of navigation facilities; rules and regulations; penalties — Inbound Citations

Citations to 16 U.S.C. § 811 as a whole

• 16 U.S.C. § 823d(b)(1)

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  (1) Whenever the Secretary of the Interior or the Secretary of Commerce prescribes a fishway under section 811 of this title, the license applicant or any other party to the license proceeding may propose an alternative to such prescription to construct, maintain, or operate a fishway.
• 16 U.S.C. § 823d(b)(2)

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  (2) Notwithstanding section 811 of this title, the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative referred to in paragraph (1), if the Secretary of the appropriate department 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—

  (A) will be no less protective than the fishway initially prescribed by the Secretary; and

  (B) will either, as compared to the fishway initially prescribed by the Secretary—

  (i) cost significantly less to implement; or

  (ii) result in improved operation of the project works for electricity production.
• 16 U.S.C. § 823d(b)(4)

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  (4) The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under section 811 of this title or alternative prescription it accepts under this section, a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this section. The written statement must demonstrate that the Secretary gave equal consideration to the effects of the prescription 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 other factual information available to the Secretary and relevant to the Secretary’s decision.