---
kind: "section"
citation: "16 U.S.C. § 839b"
title: "16"
title_heading: "Conservation"
number: "839b"
heading: "Regional planning and participation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/839b"
units:
  - "Chapter 12H — Pacific Northwest Electric Power Planning and Conservation"
---

# §839b. Regional planning and participation

- (a) **Pacific Northwest Electric Power and Conservation Planning Council; establishment and operation as regional agency—**
  - (1) The purposes of this section are to provide for the prompt establishment and effective operation of the Pacific Northwest [Electric Power](/usc/16/839a.md?p=9) and [Conservation](/usc/16/839a.md?p=3) Planning [Council](/usc/16/839a.md?p=6), to further the purposes of this chapter by the [Council](/usc/16/839a.md?p=6) promptly preparing and adopting (A) a regional [conservation](/usc/16/839a.md?p=3) and [electric power](/usc/16/839a.md?p=9) plan and (B) a program to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17), and to otherwise expeditiously and effectively carry out the [Council](/usc/16/839a.md?p=6)’s responsibilities and functions under this chapter.
  - (2) To achieve such purposes and facilitate cooperation among the [States](/usc/16/544.md?p=r) of Idaho, Montana, Oregon, and Washington, and with the Bonneville Power Administration, the consent of Congress is given for an agreement described in this paragraph and not in conflict with this chapter, pursuant to which—
    - (A) there shall be established a regional agency known as the “Pacific Northwest [Electric Power](/usc/16/839a.md?p=9) and [Conservation](/usc/16/839a.md?p=3) Planning [Council](/usc/16/839a.md?p=6)” which (i) shall have its offices in the Pacific Northwest, (ii) shall carry out its functions and responsibilities in accordance with the provisions of this chapter, (iii) shall continue in force and effect in accordance with the provisions of this chapter, and (iv) except as otherwise provided in this chapter, shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law; and
    - (B) two [persons](/usc/16/450rr–1.md?p=b) from each [State](/usc/16/590q.md?p=a) may be appointed, subject to the applicable laws of each such [State](/usc/16/590q.md?p=a), to undertake the functions and duties of members of the [Council](/usc/16/839a.md?p=6).

    The [State](/usc/16/590q.md?p=a) may fill any vacancy occurring prior to the expiration of the term of any member. The appointment of six initial members, subject to applicable [State](/usc/16/590q.md?p=a) law, by June 30, 1981, by at least three of such [States](/usc/16/544.md?p=r) shall constitute an agreement by the [States](/usc/16/544.md?p=r) establishing the [Council](/usc/16/839a.md?p=6) and such agreement is hereby consented to by the Congress. Upon request of the Governors of two of the [States](/usc/16/544.md?p=r), the [Secretary](/usc/16/839a.md?p=20) shall extend the June 30, 1981, date for six additional months to provide more time for the [States](/usc/16/544.md?p=r) to make such appointments.

  - (3) Except as otherwise provided by [State](/usc/16/590q.md?p=a) law, each member appointed to the [Council](/usc/16/839a.md?p=6) shall serve for a term of three years, except that, with respect to members initially appointed, each Governor shall designate one member to serve a term of two years and one member to serve a term of three years. The members of the [Council](/usc/16/839a.md?p=6) shall select from among themselves a chairman. The members and officers and employees of the [Council](/usc/16/839a.md?p=6) shall not be deemed to be officers or employees of the United States for any purpose. The [Council](/usc/16/839a.md?p=6) shall appoint, fix compensation, assign and delegate duties to such executive and additional personnel as the [Council](/usc/16/839a.md?p=6) deems necessary to fulfill its functions under this chapter, [taking](/usc/16/3102.md?p=18) into account such information and analyses as are, or are likely to be, available from other sources pursuant to provisions of this chapter. The compensation of the members shall be fixed by [State](/usc/16/590q.md?p=a) law. The compensation of the members and the officers shall not exceed the rate prescribed for Federal officers and positions at step 1 of level GS–18 of the General Schedule.
  - (4) For the purpose of providing a uniform system of laws, in [addition](/usc/16/410r–5.md?p=c-2) to this chapter, applicable to the [Council](/usc/16/839a.md?p=6) relating to the making of contracts, conflicts-of-interest, financial disclosure, open meetings of the [Council](/usc/16/839a.md?p=6), [advisory committees](/usc/16/698u–1.md?p=1), disclosure of information, judicial review of [Council](/usc/16/839a.md?p=6) functions and actions under this chapter, and related matters, the Federal laws applicable to such matters in the case of the Bonneville Power Administration shall apply to the [Council](/usc/16/839a.md?p=6) to the extent appropriate, except that with respect to open meetings, the Federal laws applicable to open meetings in the case of the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) shall apply to the [Council](/usc/16/839a.md?p=6) to the extent appropriate. In applying the Federal laws applicable to financial disclosure under the preceding sentence, such laws shall be applied to members of the [Council](/usc/16/839a.md?p=6) without regard to the duration of their service on the [Council](/usc/16/839a.md?p=6) or the amount of compensation received for such service. No contract, obligation, or other action of the [Council](/usc/16/839a.md?p=6) shall be construed as an obligation of the United States or an obligation secured by the full faith and credit of the United States. For the purpose of judicial review of any action of the [Council](/usc/16/839a.md?p=6) or challenging any provision of this chapter relating to functions and responsibilities of the [Council](/usc/16/839a.md?p=6), notwithstanding any other provision of law, the courts of the United States shall have exclusive jurisdiction of any such review.
- (b) **Alternative establishment of Council as Federal agency—**
  - (1) If the [Council](/usc/16/839a.md?p=6) is not established and its members are not timely appointed in accordance with [subsection (a)](#a) of this section, or if, at any time after such [Council](/usc/16/839a.md?p=6) is established and its members are appointed in accordance with [subsection (a)](#a)—
    - (A) any provision of this chapter relating to the establishment of the [Council](/usc/16/839a.md?p=6) or to any substantial function or responsibility of the [Council](/usc/16/839a.md?p=6) (including any function or responsibility under subsection [(d)](#d) or [(h)](#h) of this section or under [section 839d(c) of this title](/usc/16/839d.md?p=c)) is held to be unlawful by a final determination of any Federal court, or
    - (B) the plan or any program adopted by such [Council](/usc/16/839a.md?p=6) under this section is held by a final determination of such a court to be ineffective by reason of [subsection (a)(2)(B)](#a-2-B),

    the [Secretary](/usc/16/839a.md?p=20) shall establish the [Council](/usc/16/839a.md?p=6) pursuant to this subsection as a Federal agency. The [Secretary](/usc/16/839a.md?p=20) shall promptly publish a notice thereof in the Federal Register and notify the Governors of each of the [States](/usc/16/544.md?p=r) referred to in [subsection (a)](#a) of this section.

  - (2) As soon as practicable, but not more than thirty days after the publication of the notice referred to in paragraph (1) of this subsection, and thereafter within forty-five days after a vacancy occurs, the Governors of the [States](/usc/16/544.md?p=r) of Washington, Oregon, Idaho, and Montana may each (under applicable [State](/usc/16/590q.md?p=a) laws, if any) provide to the [Secretary](/usc/16/839a.md?p=20) a list of nominations from such [State](/usc/16/590q.md?p=a) for each of the [State](/usc/16/590q.md?p=a)’s positions to be selected for such [Council](/usc/16/839a.md?p=6). The [Secretary](/usc/16/839a.md?p=20) may extend this time an additional thirty days. The list shall include at least two [persons](/usc/16/450rr–1.md?p=b) for each such position. The list shall include such information about such nominees as the [Secretary](/usc/16/839a.md?p=20) may request. The [Secretary](/usc/16/839a.md?p=20) shall appoint the [Council](/usc/16/839a.md?p=6) members from each Governor’s list of nominations for each [State](/usc/16/590q.md?p=a)’s positions, except that the [Secretary](/usc/16/839a.md?p=20) may decline to appoint for any reason any of a Governor’s nominees for a position and shall so notify the Governor. The Governor may thereafter make successive nominations within forty-five days of receipt of such notice until nominees acceptable to the [Secretary](/usc/16/839a.md?p=20) are appointed for each position. In the event the Governor of any such [State](/usc/16/590q.md?p=a) fails to make the required nominations for any [State](/usc/16/590q.md?p=a) position on such [Council](/usc/16/839a.md?p=6) within the time specified for such nominations, the [Secretary](/usc/16/839a.md?p=20) shall select from such [State](/usc/16/590q.md?p=a) and appoint the [Council](/usc/16/839a.md?p=6) member or members for such position. The members of the [Council](/usc/16/839a.md?p=6) shall select from among themselves one member of the [Council](/usc/16/839a.md?p=6) as Chairman.
  - (3) The members of the [Council](/usc/16/839a.md?p=6) established by this subsection who are not employed by the United States or a [State](/usc/16/590q.md?p=a) shall receive compensation at a rate equal to the rate prescribed for offices and positions at level GS–18 of the General Schedule for each day such members are engaged in the actual performance of duties as members of such [Council](/usc/16/839a.md?p=6), except that no such member may be paid more in any calendar year than an officer or employee at step 1 of level GS–18 is paid during such year. Members of such [Council](/usc/16/839a.md?p=6) shall be considered officers or employees of the United States for purposes of title II of the Ethics in Government Act of 1978 (5 U.S.C. app.)[^1] and shall also be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as [persons](/usc/16/450rr–1.md?p=b) employed intermittently in Government service are allowed expenses under [section 5703 of title 5](/usc/5/5703.md). Such [Council](/usc/16/839a.md?p=6) may appoint, and assign duties to, an executive director who shall serve at the pleasure of such [Council](/usc/16/839a.md?p=6) and who shall be compensated at the rate established for GS–18 of the General Schedule. The executive director shall exercise the powers and duties delegated to such director by such [Council](/usc/16/839a.md?p=6), including the power to appoint and fix compensation of additional personnel in accordance with applicable Federal law to carry out the functions and responsibilities of such [Council](/usc/16/839a.md?p=6).
  - (4) When a [Council](/usc/16/839a.md?p=6) is established under this subsection after a [Council](/usc/16/839a.md?p=6) was established pursuant to [subsection (a)](#a) of this section, the [Secretary](/usc/16/839a.md?p=20) shall provide, to the greatest extent feasible, for the transfer to the [Council](/usc/16/839a.md?p=6) established by this subsection of all funds, books, papers, documents, equipment, and other matters in order to facilitate the [Council](/usc/16/839a.md?p=6)’s capability to achieve the requirements of subsections [(d)](#d) and [(h)](#h) of this section. In order to carry out its functions and responsibilities under this chapter expeditiously, the [Council](/usc/16/839a.md?p=6) shall [take](/usc/16/3102.md?p=18) into consideration any actions of the [Council](/usc/16/839a.md?p=6) under [subsection (a)](#a) and may review, modify, or confirm such actions without further proceedings.
  - (5)
    - (A) At any time beginning one year after the plan referred to in such [subsection (d)](#d) and the program referred to in such [subsection (h)](#h) of this section are both finally adopted in accordance with this chapter, the [Council](/usc/16/839a.md?p=6) established pursuant to this subsection shall be terminated by the [Secretary](/usc/16/839a.md?p=20) 90 days after the Governors of three of the [States](/usc/16/544.md?p=r) referred to in this subsection jointly provide for any reason to the [Secretary](/usc/16/839a.md?p=20) a written request for such termination. Except as provided in [subparagraph (B)](#b-5-B), upon such termination all functions and responsibilities of the [Council](/usc/16/839a.md?p=6) under this chapter shall also terminate.
    - (B) Upon such termination of the [Council](/usc/16/839a.md?p=6), the functions and responsibilities of the [Council](/usc/16/839a.md?p=6) set forth in [subsection (h)](#h) of this section shall be transferred to, and continue to be funded and carried out, jointly, by the [Administrator](/usc/16/839a.md?p=2), the [Secretary](/usc/16/839a.md?p=20) of the Interior, and the [Administrator](/usc/16/839a.md?p=2) of the National Marine Fisheries Service, in the same manner and to the same extent as required by such subsection and in cooperation with the Federal and the region’s [State](/usc/16/590q.md?p=a) [fish and wildlife](/usc/16/3102.md?p=17) agencies and [Indian tribes](/usc/16/544.md?p=g) referred to in [subsection (h)](#h) of this section and the [Secretary](/usc/16/839a.md?p=20) shall provide for the transfer to them of all records, books, documents, funds, and personnel of such [Council](/usc/16/839a.md?p=6) that relate to [subsection (h)](#h) matters. In order to carry out such functions and responsibilities expeditiously, the [Administrator](/usc/16/839a.md?p=2), the [Secretary](/usc/16/839a.md?p=20) of the Interior, and the [Administrator](/usc/16/839a.md?p=2) of the National Marine Fisheries Service shall [take](/usc/16/3102.md?p=18) into consideration any actions of the [Council](/usc/16/839a.md?p=6) under this subsection, and may review, modify, or confirm such actions without further proceedings. In the event the [Council](/usc/16/839a.md?p=6) is terminated pursuant to this paragraph, whenever any action of the [Administrator](/usc/16/839a.md?p=2) requires any approval or other action by the [Council](/usc/16/839a.md?p=6), the [Administrator](/usc/16/839a.md?p=2) may [take](/usc/16/3102.md?p=18) such action without such approval or action, except that the [Administrator](/usc/16/839a.md?p=2) may not implement any proposal to [acquire](/usc/16/620e.md?p=1) a major generating [resource](/usc/16/839a.md?p=19) or to grant billing credits involving a major generating [resource](/usc/16/839a.md?p=19) until the expenditure of funds for that purpose is specifically authorized by Act of Congress enacted after such termination.
- (c) **Organization and operation of Council—**
  - (1) The provisions of this subsection shall, except as specifically provided in this subsection, apply to the [Council](/usc/16/839a.md?p=6) established pursuant to either subsection [(a)](#a) or [(b)](#b) of this section.
  - (2) A majority of the members of the [Council](/usc/16/839a.md?p=6) shall constitute a quorum. Except as otherwise provided specifically in this chapter, all actions and decisions of the [Council](/usc/16/839a.md?p=6) shall be by majority vote of the members present and voting. The plan or any part thereof and any amendment thereto shall not be approved unless such plan or amendment receives the votes of—
    - (A) a majority of the members appointed to the [Council](/usc/16/839a.md?p=6), including the vote of at least one member from each [State](/usc/16/590q.md?p=a) with members on the [Council](/usc/16/839a.md?p=6); or
    - (B) at least six members of the [Council](/usc/16/839a.md?p=6).
  - (3) The [Council](/usc/16/839a.md?p=6) shall meet at the call of the Chairman or upon the request of any three members of the [Council](/usc/16/839a.md?p=6). If any member of the [Council](/usc/16/839a.md?p=6) disagrees with respect to any matter transmitted to any Federal or [State](/usc/16/590q.md?p=a) official or any other [person](/usc/16/450rr–1.md?p=b) or wishes to express additional views concerning such matter, such member may submit a statement to accompany such matter setting forth the reasons for such disagreement or views.
  - (4) The [Council](/usc/16/839a.md?p=6) shall determine its organization and prescribe its practices and procedures for carrying out its functions and responsibilities under this chapter. The [Council](/usc/16/839a.md?p=6) shall make available to the public a statement of its organization, practices, and procedures, and make available to the public its annual work program budget at the time the President submits his annual budget to Congress.
  - (5) Upon request of the [Council](/usc/16/839a.md?p=6) established pursuant to [subsection (b)](#b) of this section, the head of any Federal agency is authorized to detail or assign to the [Council](/usc/16/839a.md?p=6), on a reimbursable basis, any of the personnel of such agency to assist the [Council](/usc/16/839a.md?p=6) in the performance of its functions under this chapter.
  - (6) At the [Council](/usc/16/839a.md?p=6)’s request the [Administrator](/usc/16/839a.md?p=2) of the General Services Administration shall furnish the [Council](/usc/16/839a.md?p=6) established pursuant to [subsection (b)](#b) of this section with such offices, equipment, supplies, and services in the same manner and to the same extent as such [Administrator](/usc/16/839a.md?p=2) is authorized to furnish to any other Federal agency or instrumentality such offices, supplies, equipment, and services.
  - (7) Upon the request of the Congress or any committee thereof, the [Council](/usc/16/839a.md?p=6) shall promptly provide to the Congress, or to such committee, any record, report, document, material, and other information which is in the possession of the [Council](/usc/16/839a.md?p=6).
  - (8) To obtain such information and advice as the [Council](/usc/16/839a.md?p=6) determines to be necessary or appropriate to carry out its functions and responsibilities pursuant to this chapter, the [Council](/usc/16/839a.md?p=6) shall, to the greatest extent practicable, solicit engineering, economic, social, environmental, and other technical studies from [customers](/usc/16/839a.md?p=7) of the [Administrator](/usc/16/839a.md?p=2) and from other bodies or organizations in the region with particular expertise.
  - (9) The [Administrator](/usc/16/839a.md?p=2) and other Federal agencies, to the extent authorized by other provisions of law, shall furnish the [Council](/usc/16/839a.md?p=6) all information requested by the [Council](/usc/16/839a.md?p=6) as necessary for performance of its functions, subject to such requirements of law concerning trade secrets and proprietary data as may be applicable.
  - (10)
    - (A) At the request of the [Council](/usc/16/839a.md?p=6), the [Administrator](/usc/16/839a.md?p=2) shall pay from funds available to the [Administrator](/usc/16/839a.md?p=2) the compensation and other expenses of the [Council](/usc/16/839a.md?p=6) as are authorized by this chapter, including the reimbursement of those [States](/usc/16/544.md?p=r) with members on the [Council](/usc/16/839a.md?p=6) for services and personnel to assist in preparing a plan pursuant to [subsection (d)](#d) and a program pursuant to [subsection (h)](#h) of this section, as the [Council](/usc/16/839a.md?p=6) determines are necessary or appropriate for the performance of its functions and responsibilities. Such payments shall be included by the [Administrator](/usc/16/839a.md?p=2) in his annual budgets submitted to Congress pursuant to the Federal Columbia River Transmission System Act [[16 U.S.C. 838](/usc/16/838.md) et seq.] and shall be subject to the requirements of that Act, including the audit requirements of [section 11(d)](/usc/16/11.md) of such Act [[16 U.S.C. 838i(d)](/usc/16/838i.md?p=d)]. The records, reports, and other documents of the [Council](/usc/16/839a.md?p=6) shall be available to the Comptroller General for review in connection with such audit or other review and examination by the Comptroller General pursuant to other provisions of law applicable to the Comptroller General. Funds provided by the [Administrator](/usc/16/839a.md?p=2) for such payments shall not exceed annually an amount equal to 0.02 mill multiplied by the kilowatt hours of firm power forecast to be sold by the [Administrator](/usc/16/839a.md?p=2) during the year to be funded. In order to assist the [Council](/usc/16/839a.md?p=6)’s initial organization, the [Administrator](/usc/16/839a.md?p=2) after December 5, 1980, shall promptly prepare and propose an amended annual budget to expedite payment for [Council](/usc/16/839a.md?p=6) activities.
    - (B) Notwithstanding the limitation contained in the fourth sentence of subparagraph (A) of this paragraph, upon an annual showing by the [Council](/usc/16/839a.md?p=6) that such limitation will not permit the [Council](/usc/16/839a.md?p=6) to carry out its functions and responsibilities under this chapter the [Administrator](/usc/16/839a.md?p=2) may raise such limit up to any amount not in excess of 0.10 mill multiplied by the kilowatt hours of firm power forecast to be sold by the [Administrator](/usc/16/839a.md?p=2) during the year to be funded, adjusted for inflation.
  - (11) The [Council](/usc/16/839a.md?p=6) shall establish a voluntary scientific and statistical [advisory committee](/usc/16/698u–1.md?p=1) to assist in the development, collection, and evaluation of such statistical, biological, economic, social, environmental, and other scientific information as is relevant to the [Council](/usc/16/839a.md?p=6)’s devel­opment and amendment of a regional [conservation](/usc/16/839a.md?p=3) and [electric power](/usc/16/839a.md?p=9) plan.
  - (12) The [Council](/usc/16/839a.md?p=6) may establish such other voluntary [advisory committees](/usc/16/698u–1.md?p=1) as it determines are necessary or appropriate to assist it in carrying out its functions and responsibilities under this chapter.
  - (13) The [Council](/usc/16/839a.md?p=6) shall ensure that the membership for any [advisory committee](/usc/16/698u–1.md?p=1) established or formed pursuant to this section shall, to the extent feasible, include representatives of, and seek the advice of, the Federal, and the various regional, [State](/usc/16/590q.md?p=a), local, and Indian Tribal Governments, [consumer](/usc/16/839a.md?p=5) groups, and [customers](/usc/16/839a.md?p=7).
- (d) **Regional conservation and electric power plan—**
  - (1) Within two years after the [Council](/usc/16/839a.md?p=6) is established and the members are appointed pursuant to subsection [(a)](#a) or [(b)](#b) of this section, the [Council](/usc/16/839a.md?p=6) shall prepare, adopt, and promptly transmit to the [Administrator](/usc/16/839a.md?p=2) a regional [conservation](/usc/16/839a.md?p=3) and [electric power](/usc/16/839a.md?p=9) plan. The adopted plan, or any portion thereof, may be amended from time to time, and shall be reviewed by the [Council](/usc/16/839a.md?p=6) not less frequently than once every five years. Prior to such adoption, public hearings shall be held in each [Council](/usc/16/839a.md?p=6) member’s [State](/usc/16/590q.md?p=a) on the plan or substantial, nontechnical amendments to the plan proposed by the [Council](/usc/16/839a.md?p=6) for adoption. A public hearing shall also be held in any other [State](/usc/16/590q.md?p=a) of the region on the plan or amendments thereto, if the [Council](/usc/16/839a.md?p=6) determines that the plan or amendments would likely have a substantial impact on that [State](/usc/16/590q.md?p=a) in terms of [major resources](/usc/16/839a.md?p=12) which may be developed in that [State](/usc/16/590q.md?p=a) and which the [Administrator](/usc/16/839a.md?p=2) may seek to [acquire](/usc/16/620e.md?p=1). Action of the [Council](/usc/16/839a.md?p=6) under this subsection concerning such hearings shall be subject to [section 553 of title 5](/usc/5/553.md) and such procedure as the [Council](/usc/16/839a.md?p=6) shall adopt.
  - (2) Following adoption of the plan and any amendment thereto, all actions of the [Administrator](/usc/16/839a.md?p=2) pursuant to [section 839d of this title](/usc/16/839d.md) shall be consistent with the plan and any amendment thereto, except as otherwise specifically provided in this chapter.
- (e) **Plan priorities and requisite features; studies—**
  - (1) The plan shall, as provided in this paragraph, give priority to [resources](/usc/16/839a.md?p=19) which the [Council](/usc/16/839a.md?p=6) determines to be cost-effective. Priority shall be given: first, to [conservation](/usc/16/839a.md?p=3); second, to [renewable resources](/usc/16/839a.md?p=16); third, to generating [resources](/usc/16/839a.md?p=19) utilizing waste heat or generating [resources](/usc/16/839a.md?p=19) of high fuel conversion efficiency; and fourth, to all other [resources](/usc/16/839a.md?p=19).
  - (2) The plan shall set forth a general scheme for implementing [conservation](/usc/16/839a.md?p=3) measures and developing [resources](/usc/16/839a.md?p=19) pursuant to [section 839d of this title](/usc/16/839d.md) to reduce or meet the [Administrator](/usc/16/839a.md?p=2)’s obligations with due consideration by the [Council](/usc/16/839a.md?p=6) for (A) environmental quality, (B) compatibility with the existing regional power system, (C) protection, mitigation, and enhancement of [fish and wildlife](/usc/16/3102.md?p=17) and related spawning grounds and habitat, including sufficient quantities and qualities of flows for successful migration, survival, and propagation of anadromous fish, and (D) other criteria which may be set forth in the plan.
  - (3) To accomplish the priorities established by this subsection, the plan shall include the following elements which shall be set forth in such detail as the [Council](/usc/16/839a.md?p=6) determines to be appropriate:
    - (A) an energy [conservation](/usc/16/839a.md?p=3) program to be implemented under this chapter, including, but not limited to, model [conservation](/usc/16/839a.md?p=3) standards;
    - (B) recommendation for research and development;
    - (C) a methodology for determining quantifiable environmental costs and benefits under [section 839a(4) of this title](/usc/16/839a.md?p=4);
    - (D) a demand forecast of at least twenty years (developed in consultation with the [Administrator](/usc/16/839a.md?p=2), the [customers](/usc/16/839a.md?p=7), the [States](/usc/16/544.md?p=r), including [State](/usc/16/590q.md?p=a) agencies with ratemaking authority over electric utilities, and the public, in such manner as the [Council](/usc/16/839a.md?p=6) deems appropriate) and a forecast of power [resources](/usc/16/839a.md?p=19) estimated by the [Council](/usc/16/839a.md?p=6) to be required to meet the [Administrator](/usc/16/839a.md?p=2)’s obligations and the portion of such obligations the [Council](/usc/16/839a.md?p=6) determines can be met by [resources](/usc/16/839a.md?p=19) in each of the priority categories referred to in paragraph (1) of this subsection which forecast (i) shall include regional reliability and reserve requirements, (ii) shall [take](/usc/16/3102.md?p=18) into account the effect, if any, of the requirements of [subsection (h)](#h) on the availability of [resources](/usc/16/839a.md?p=19) to the [Administrator](/usc/16/839a.md?p=2), and (iii) shall include the approximate amounts of power the [Council](/usc/16/839a.md?p=6) recommends should be acquired by the [Administrator](/usc/16/839a.md?p=2) on a long-term basis and may include, to the extent practicable, an estimate of the types of [resources](/usc/16/839a.md?p=19) from which such power should be acquired;
    - (E) an analysis of reserve and reliability requirements and cost-effective methods of providing [reserves](/usc/16/839a.md?p=17) designed to insure adequate [electric power](/usc/16/839a.md?p=9) at the lowest probable cost;
    - (F) the program adopted pursuant to [subsection (h)](#h); and
    - (G) if the [Council](/usc/16/839a.md?p=6) recommends surcharges pursuant to [subsection (f)](#f) of this section, a methodology for calculating such surcharges.
  - (4) The [Council](/usc/16/839a.md?p=6), [taking](/usc/16/3102.md?p=18) into consideration the requirement that it devote its principal efforts to carrying out its responsibilities under subsections [(d)](#d) and [(h)](#h) of this section, shall undertake studies of [conservation](/usc/16/839a.md?p=3) measures reasonably available to [direct service industrial customers](/usc/16/839a.md?p=8) and other major [consumers](/usc/16/839a.md?p=5) of [electric power](/usc/16/839a.md?p=9) within the region and make an analysis of the estimated reduction in energy use which would result from the implementation of such measures as rapidly as possible, consistent with sound business practices. The [Council](/usc/16/839a.md?p=6) shall consult with such [customers](/usc/16/839a.md?p=7) and [consumers](/usc/16/839a.md?p=5) in the conduct of such studies.
- (f) **Model conservation standards; surcharges—**
  - (1) Model [conservation](/usc/16/839a.md?p=3) standards to be included in the plan shall include, but not be limited to, standards applicable to (A) new and existing structures, (B) utility, [customer](/usc/16/839a.md?p=7), and governmental [conservation](/usc/16/839a.md?p=3) programs, and (C) other [consumer](/usc/16/839a.md?p=5) actions for achieving [conservation](/usc/16/839a.md?p=3). Model [conservation](/usc/16/839a.md?p=3) standards shall reflect geographic and climatic differences within the region and other appropriate considerations, and shall be designed to produce all power savings that are cost-effective for the region and economically feasible for [consumers](/usc/16/839a.md?p=5), [taking](/usc/16/3102.md?p=18) into account financial assistance made available to [consumers](/usc/16/839a.md?p=5) under [section 839d(a) of this title](/usc/16/839d.md?p=a). These model [conservation](/usc/16/839a.md?p=3) standards shall be adopted by the [Council](/usc/16/839a.md?p=6) and included in the plan after consultation, in such manner as the [Council](/usc/16/839a.md?p=6) deems appropriate, with the [Administrator](/usc/16/839a.md?p=2), [States](/usc/16/544.md?p=r), and political [subdivisions](/usc/16/539m–1.md?p=15), [customers](/usc/16/839a.md?p=7) of the [Administrator](/usc/16/839a.md?p=2), and the public.
  - (2) The [Council](/usc/16/839a.md?p=6) by a majority vote of the members of the [Council](/usc/16/839a.md?p=6) is authorized to recommend to the [Administrator](/usc/16/839a.md?p=2) a surcharge and the [Administrator](/usc/16/839a.md?p=2) may thereafter impose such a surcharge, in accordance with the methodology provided in the plan, on [customers](/usc/16/839a.md?p=7) for those portions of their loads within the region that are within [States](/usc/16/544.md?p=r) or political [subdivisions](/usc/16/539m–1.md?p=15) which have not, or on the [Administrator](/usc/16/839a.md?p=2)’s [customers](/usc/16/839a.md?p=7) which have not, implemented [conservation](/usc/16/839a.md?p=3) measures that achieve energy savings which the [Administrator](/usc/16/839a.md?p=2) determines are comparable to those which would be obtained under such standards. Such surcharges shall be established to recover such additional costs as the [Administrator](/usc/16/839a.md?p=2) determines will be incurred because such projected energy savings attributable to such [conservation](/usc/16/839a.md?p=3) measures have not been achieved, but in no case may such surcharges be less than 10 per centum or more than 50 per centum of the [Administrator](/usc/16/839a.md?p=2)’s applicable rates for such load or portion thereof.
- (g) **Public information; consultation; contracts and technical assistance—**
  - (1) To insure widespread public involvement in the formulation of regional power policies, the [Council](/usc/16/839a.md?p=6) and [Administrator](/usc/16/839a.md?p=2) shall maintain comprehensive programs to—
    - (A) inform the Pacific Northwest public of major regional power issues,
    - (B) obtain public views concerning major regional power issues, and
    - (C) secure advice and consultation from the [Administrator](/usc/16/839a.md?p=2)’s [customers](/usc/16/839a.md?p=7) and others.
  - (2) In carrying out the provisions of this section, the [Council](/usc/16/839a.md?p=6) and the [Administrator](/usc/16/839a.md?p=2) shall—
    - (A) consult with the [Administrator](/usc/16/839a.md?p=2)’s [customers](/usc/16/839a.md?p=7);
    - (B) include the comments of such [customers](/usc/16/839a.md?p=7) in the record of the [Council](/usc/16/839a.md?p=6)’s proceedings; and
    - (C) recognize and not abridge the authorities of [State](/usc/16/590q.md?p=a) and local governments, electric utility systems, and other non-Federal entities responsible to the people of the Pacific Northwest for the planning, [conservation](/usc/16/839a.md?p=3), supply, distribution, and use of [electric power](/usc/16/839a.md?p=9) and the operation of electric generating facilities.
  - (3) In the preparation, adoption, and implementation of the plan, the [Council](/usc/16/839a.md?p=6) and the [Administrator](/usc/16/839a.md?p=2) shall encourage the cooperation, participation, and assistance of appropriate Federal agencies, [State](/usc/16/590q.md?p=a) entities, [State](/usc/16/590q.md?p=a) political [subdivisions](/usc/16/539m–1.md?p=15), and [Indian tribes](/usc/16/544.md?p=g). The [Council](/usc/16/839a.md?p=6) and the [Administrator](/usc/16/839a.md?p=2) are authorized to contract, in accordance with applicable law, with such agencies, entities, tribes, and [subdivisions](/usc/16/539m–1.md?p=15) individually, in groups, or through associations thereof to (A) investigate possible measures to be included in the plan, (B) provide public involvement and information regarding a proposed plan or amendment thereto, and (C) provide services which will assist in the implementation of the plan. In order to assist in the implementation of the plan, particularly [conservation](/usc/16/839a.md?p=3), [renewable resource](/usc/16/839a.md?p=16), and [fish and wildlife](/usc/16/3102.md?p=17) activities, the [Administrator](/usc/16/839a.md?p=2), when requested and subject to available funds, may provide technical assistance in establishing [conservation](/usc/16/839a.md?p=3), [renewable resource](/usc/16/839a.md?p=16), and [fish and wildlife](/usc/16/3102.md?p=17) objectives by individual [States](/usc/16/544.md?p=r) or [subdivisions](/usc/16/539m–1.md?p=15) thereof or [Indian tribes](/usc/16/544.md?p=g). Such objectives, if adopted by a [State](/usc/16/590q.md?p=a) or [subdivision](/usc/16/539m–1.md?p=15) thereof or [Indian tribes](/usc/16/544.md?p=g), may be submitted to the [Council](/usc/16/839a.md?p=6) and the [Administrator](/usc/16/839a.md?p=2) for review, and upon approval by the [Council](/usc/16/839a.md?p=6), may be incorporated as part of the plan.
- (h) **Fish and wildlife—**
  - (1)
    - (A) The [Council](/usc/16/839a.md?p=6) shall promptly develop and adopt, pursuant to this subsection, a program to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17), including related spawning grounds and habitat, on the Columbia River and its trib­utaries. Because of the unique history, problems, and opportunities presented by the development and operation of hydroelectric facilities on the Columbia River and its tributaries, the program, to the greatest extent possible, shall be designed to deal with that river and its tributaries as a system.
    - (B) This subsection shall be applicable solely to [fish and wildlife](/usc/16/3102.md?p=17), including related spawning grounds and habitat, located on the Columbia River and its tributaries. Nothing in this subsection shall alter, modify, or affect in any way the laws applicable to rivers or river systems, including [electric power](/usc/16/839a.md?p=9) facilities related thereto, other than the Columbia River and its tributaries, or affect the rights and obligations of any agency, entity, or [person](/usc/16/450rr–1.md?p=b) under such laws.
  - (2) The [Council](/usc/16/839a.md?p=6) shall request, in writing, promptly after the [Council](/usc/16/839a.md?p=6) is established under either subsection [(a)](#a) or [(b)](#b) of this section and prior to the development or review of the plan, or any major revision thereto, from the Federal, and the region’s [State](/usc/16/590q.md?p=a), [fish and wildlife](/usc/16/3102.md?p=17) agencies and from the region’s appropriate [Indian tribes](/usc/16/544.md?p=g), recommendations for—
    - (A) measures which can be expected to be implemented by the [Administrator](/usc/16/839a.md?p=2), using authorities under this chapter and other laws, and other Federal agencies to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17), including related spawning grounds and habitat, affected by the development and operation of any hydroelectric [project](/usc/16/410r–5.md?p=c-4) on the Columbia River and its tributaries;
    - (B) establishing objectives for the development and operation of such [projects](/usc/16/410r–5.md?p=c-4) on the Columbia River and its tributaries in a manner designed to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17); and
    - (C) [fish and wildlife](/usc/16/3102.md?p=17) management coordination and research and development (including funding) which, among other things, will assist protection, mitigation, and enhancement of anadromous fish at, and between, the region’s hydroelectric dams.
  - (3) Such agencies and tribes shall have 90 days to respond to such request, unless the [Council](/usc/16/839a.md?p=6) extends the time for making such recommendations. The Federal, and the region’s, water management agencies, and the region’s [electric power](/usc/16/839a.md?p=9) producing agencies, [customers](/usc/16/839a.md?p=7), and public may submit recommendations of the type referred to in paragraph (2) of this subsection. All recommendations shall be accompanied by detailed information and data in support of the recommendations.
  - (4)
    - (A) The [Council](/usc/16/839a.md?p=6) shall give notice of all recommendations and shall make the recommendations and supporting documents available to the [Administrator](/usc/16/839a.md?p=2), to the Federal, and the region’s, [State](/usc/16/590q.md?p=a) [fish and wildlife](/usc/16/3102.md?p=17) agencies, to the appropriate [Indian tribes](/usc/16/544.md?p=g), to Federal agencies responsible for managing, operating, or regulating hydroelectric facilities located on the Columbia River or its tributaries, and to any [customer](/usc/16/839a.md?p=7) or other electric utility which owns or operates any such facility. Notice shall also be given to the public. Copies of such recommendations and supporting documents shall be made available for review at the offices of the [Council](/usc/16/839a.md?p=6) and shall be available for reproduction at reasonable cost.
    - (B) The [Council](/usc/16/839a.md?p=6) shall provide for public participation and comment regarding the recommendations and supporting documents, including an opportunity for written and oral comments, within such reasonable time as the [Council](/usc/16/839a.md?p=6) deems appropriate.
  - (5) The [Council](/usc/16/839a.md?p=6) shall develop a program on the basis of such recommendations supporting documents, and views and information obtained through public comment and participation, and consultation with the agencies, tribes, and [customers](/usc/16/839a.md?p=7) referred to in [subparagraph (A)](#h-4-A) of paragraph (4). The program shall consist of measures to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17) affected by the development, operation, and management of such facilities while assuring the Pacific Northwest an adequate, efficient economical, and reliable power supply. Enhancement measures shall be included in the program to the extent such measures are designed to achieve improved protection and mitigation.
  - (6) The [Council](/usc/16/839a.md?p=6) shall include in the program measures which it determines, on the basis set forth in [paragraph (5)](#h-5), will—
    - (A) complement the existing and future activities of the Federal and the region’s [State](/usc/16/590q.md?p=a) [fish and wildlife](/usc/16/3102.md?p=17) agencies and appropriate [Indian tribes](/usc/16/544.md?p=g);
    - (B) be based on, and supported by, the best available scientific knowledge;
    - (C) utilize, where equally effective alternative means of achieving the same sound biological objective exist, the alternative with the minimum economic cost;
    - (D) be consistent with the legal rights of appropriate [Indian tribes](/usc/16/544.md?p=g) in the region; and
    - (E) in the case of anadromous fish—
      - (i) provide for improved survival of such fish at hydroelectric facilities located on the Columbia River system; and
      - (ii) provide flows of sufficient quality and quantity between such facilities to improve production, migration, and survival of such fish as necessary to meet sound biological objectives.
  - (7) The [Council](/usc/16/839a.md?p=6) shall determine whether each recommendation received is consistent with the purposes of this chapter. In the event such recommendations are inconsistent with each other, the [Council](/usc/16/839a.md?p=6), in consultation with appropriate entities, shall resolve such inconsistency in the program giving due weight to the recommendations, expertise, and legal rights and responsibilities of the Federal and the region’s [State](/usc/16/590q.md?p=a) [fish and wildlife](/usc/16/3102.md?p=17) agencies and appropriate [Indian tribes](/usc/16/544.md?p=g). If the [Council](/usc/16/839a.md?p=6) does not adopt any recommendation of the [fish and wildlife](/usc/16/3102.md?p=17) agencies and [Indian tribes](/usc/16/544.md?p=g) as part of the program or any other recommendation, it shall explain in writing, as part of the program, the basis for its finding that the adoption of such recommendation would be—
    - (A) inconsistent with paragraph (5) of this subsection;
    - (B) inconsistent with paragraph (6) of this subsection; or
    - (C) less effective than the adopted recommendations for the protection, mitigation, and enhancement of [fish and wildlife](/usc/16/3102.md?p=17).
  - (8) The [Council](/usc/16/839a.md?p=6) shall consider, in developing and adopting a program pursuant to this subsection, the following principles:
    - (A) Enhancement measures may be used, in appropriate circumstances, as a means of achieving offsite protection and mitigation with respect to compensation for losses arising from the development and operation of the hydroelectric facilities of the Columbia River and its tributaries as a system.
    - (B) [Consumers](/usc/16/839a.md?p=5) of [electric power](/usc/16/839a.md?p=9) shall bear the cost of measures designed to deal with adverse impacts caused by the development and operation of [electric power](/usc/16/839a.md?p=9) facilities and programs only.
    - (C) To the extent the program provides for coordination of its measures with additional measures (including additional enhancement measures to deal with impacts caused by factors other than the development and operation of [electric power](/usc/16/839a.md?p=9) facilities and programs), such additional measures are to be implemented in accordance with agreements among the appropriate parties providing for the administration and funding of such additional measures.
    - (D) Monetary costs and [electric power](/usc/16/839a.md?p=9) losses resulting from the implementation of the program shall be allocated by the [Administrator](/usc/16/839a.md?p=2) consistent with individual [project](/usc/16/410r–5.md?p=c-4) impacts and system wide objectives of this subsection.
  - (9) The [Council](/usc/16/839a.md?p=6) shall adopt such program or amendments thereto within one year after the time provided for receipt of the recommendations. Such program shall also be included in the plan adopted by the [Council](/usc/16/839a.md?p=6) under [subsection (d)](#d).
  - (10)
    - (A) The [Administrator](/usc/16/839a.md?p=2) shall use the Bonneville Power Administration fund and the authorities available to the [Administrator](/usc/16/839a.md?p=2) under this chapter and other laws administered by the [Administrator](/usc/16/839a.md?p=2) to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17) to the extent affected by the development and operation of any hydroelectric [project](/usc/16/410r–5.md?p=c-4) of the Columbia River and its tributaries in a manner consistent with the plan, if in existence, the program adopted by the [Council](/usc/16/839a.md?p=6) under this subsection, and the purposes of this chapter. Expenditures of the [Administrator](/usc/16/839a.md?p=2) pursuant to this paragraph shall be in [addition](/usc/16/410r–5.md?p=c-2) to, not in lieu of, other expenditures authorized or required from other entities under other agreements or provisions of law.
    - (B) The [Administrator](/usc/16/839a.md?p=2) may make expenditures from such fund which shall be included in the annual or supplementary budgets submitted to the Congress pursuant to the Federal Columbia River Transmission System Act [[16 U.S.C. 838](/usc/16/838.md) et seq.]. Any amounts included in such budget for the construction of capital facilities with an estimated life of greater than 15 years and an estimated cost of at least $2,500,000 shall be funded in the same manner and in accordance with the same procedures as major transmission facilities under the Federal Columbia River Transmission System Act.
    - (C) The amounts expended by the [Administrator](/usc/16/839a.md?p=2) for each activity pursuant to this subsection shall be allocated as appropriate by the [Administrator](/usc/16/839a.md?p=2), in consultation with the Corps of Engineers and the Water and Power [Resources](/usc/16/839a.md?p=19) Service, among the various hydroelectric [projects](/usc/16/410r–5.md?p=c-4) of the Federal Columbia River Power System. Amounts so allocated shall be allocated to the various [project](/usc/16/410r–5.md?p=c-4) purposes in accordance with existing accounting procedures for the Federal Columbia River Power System.
    - (D) **Independent Scientific Review Panel.—**
      - (i) The Northwest Power Planning [Council](/usc/16/839a.md?p=6) ([Council](/usc/16/839a.md?p=6)) shall appoint an Independent Scientific Review Panel (Panel), which shall be comprised of eleven members, to review [projects](/usc/16/410r–5.md?p=c-4) proposed to be funded through that portion of the Bonneville Power Administration’s (BPA) annual [fish and wildlife](/usc/16/3102.md?p=17) budget that implements the [Council](/usc/16/839a.md?p=6)’s [fish and wildlife](/usc/16/3102.md?p=17) program. Members shall be appointed from a list of no fewer than 20 scientists submitted by the National Academy of Sciences (Academy), provided that Pacific Northwest scientists with expertise in Columbia River anadromous and non-anadromous [fish and wildlife](/usc/16/3102.md?p=17) and ocean experts shall be among those represented on the Panel. The Academy shall provide such nominations within 90 days of September 30, 1996, and in any case not later than December 31, 1996. If appointments are required in subsequent years, the [Council](/usc/16/839a.md?p=6) shall request nominations from the Academy and the Academy shall provide nominations not later than 90 days after the date of this request. If the Academy does not provide nominations within these time requirements, the [Council](/usc/16/839a.md?p=6) may appoint such members as the [Council](/usc/16/839a.md?p=6) deems appropriate.
      - (ii) **Scientific Peer Review Groups.—** The [Council](/usc/16/839a.md?p=6) shall establish Scientific Peer Review Groups (Peer Review Groups), which shall be comprised of the appropriate number of scientists, from a list submitted by the Academy to assist the Panel in making its recommendations to the [Council](/usc/16/839a.md?p=6) for [projects](/usc/16/410r–5.md?p=c-4) to be funded through BPA’s annual [fish and wildlife](/usc/16/3102.md?p=17) budget, provided that Pacific Northwest scientists with expertise in Columbia River anadromous and non-anadromous [fish and wildlife](/usc/16/3102.md?p=17) and ocean experts shall be among those represented on the Peer Review Groups. The Academy shall provide such nominations within 90 days of September 30, 1996, and in any case not later than December 31, 1996. If appointments are required in subsequent years, the [Council](/usc/16/839a.md?p=6) shall request nominations from the Academy and the Academy shall provide nominations not later than 90 days after the date of this request. If the Academy does not provide nominations within these time requirements, the [Council](/usc/16/839a.md?p=6) may appoint such members as the [Council](/usc/16/839a.md?p=6) deems appropriate.
      - (iii) **Conflict of Interest and Compensation.—** Panel and Peer Review Group members may be compensated and shall be considered subject to the conflict of interest standards that apply to scientists performing comparable work for the National Academy of Sciences; provided that a Panel or Peer Review Group members with a direct or indirect financial interest in a [project](/usc/16/410r–5.md?p=c-4), or [projects](/usc/16/410r–5.md?p=c-4), shall recuse himself or herself from review of, or recommendations associated with, such [project](/usc/16/410r–5.md?p=c-4) or [projects](/usc/16/410r–5.md?p=c-4). All expenses of the Panel and the Peer Review Groups shall be paid by BPA as provided for under paragraph (vii). Neither the Panel nor the Peer Review Groups shall be deemed [advisory committees](/usc/16/698u–1.md?p=1) within the meaning of chapter 10 of title 5.
      - (iv) **Project Criteria and Review.—** The Peer Groups, in conjunction with the Panel, shall review [projects](/usc/16/410r–5.md?p=c-4) proposed to be funded through BPA’s annual [fish and wildlife](/usc/16/3102.md?p=17) budget and make recommendations on matters related to such [projects](/usc/16/410r–5.md?p=c-4) to the [Council](/usc/16/839a.md?p=6) no later than June 15 of each year. If the recommendations are not received by the [Council](/usc/16/839a.md?p=6) by this date, the [Council](/usc/16/839a.md?p=6) may proceed to make final recommendations on [project](/usc/16/410r–5.md?p=c-4) funding to BPA, relying on the best information available. The Panel and Peer Review Groups shall review a sufficient number of [projects](/usc/16/410r–5.md?p=c-4) to adequately ensure that the list of prioritized [projects](/usc/16/410r–5.md?p=c-4) recommended is consistent with the [Council](/usc/16/839a.md?p=6)’s program. [Project](/usc/16/410r–5.md?p=c-4) recommendations shall be based on a determination that [projects](/usc/16/410r–5.md?p=c-4): are based on sound science principles; benefit [fish and wildlife](/usc/16/3102.md?p=17); and have a clearly defined objective and outcome with provisions for monitoring and evaluation of results. The Panel, with assistance from the Peer Review Groups, shall review, on an annual basis, the results of prior year expenditures based upon these criteria and submit its findings to the [Council](/usc/16/839a.md?p=6) for its review.
      - (v) **Public Review.—** Upon completion of the review of [projects](/usc/16/410r–5.md?p=c-4) to be funded through BPA’s annual [fish and wildlife](/usc/16/3102.md?p=17) budget, the Peer Review Groups shall submit its findings to the Panel. The Panel shall analyze the information submitted by the Peer Review Groups and submit recommendations on [project](/usc/16/410r–5.md?p=c-4) priorities to the [Council](/usc/16/839a.md?p=6). The [Council](/usc/16/839a.md?p=6) shall make the Panel’s findings available to the public and subject to public comment.
      - (vi) **Responsibilities of the Council.—** The [Council](/usc/16/839a.md?p=6) shall fully consider the recommendations of the Panel when making its final recommendations of [projects](/usc/16/410r–5.md?p=c-4) to be funded through BPA’s annual [fish and wildlife](/usc/16/3102.md?p=17) budget, and if the [Council](/usc/16/839a.md?p=6) does not incorporate a recommendation of the Panel, the [Council](/usc/16/839a.md?p=6) shall explain in writing its reasons for not accepting Panel recommendations. In making its recommendations to BPA, the [Council](/usc/16/839a.md?p=6) shall consider the impact of ocean conditions on [fish and wildlife](/usc/16/3102.md?p=17) populations and shall determine whether the [projects](/usc/16/410r–5.md?p=c-4) employ cost-effective measures to achieve program objectives. The [Council](/usc/16/839a.md?p=6), after consideration of the recommendations of the Panel and other appropriate entities, shall be responsible for making the final recommendations of [projects](/usc/16/410r–5.md?p=c-4) to be funded through BPA’s annual [fish and wildlife](/usc/16/3102.md?p=17) budget.
      - (vii) **Cost limitation.—** The annual cost of this provision shall not exceed $500,000 in 1997 dollars.
  - (11)
    - (A) The [Administrator](/usc/16/839a.md?p=2) and other Federal agencies responsible for managing, operating, or regulating Federal or non-Federal hydroelectric facilities located on the Columbia River or its tributaries shall—
      - (i) exercise such responsibilities consistent with the purposes of this chapter and other applicable laws, to adequately protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17), including related spawning grounds and habitat, affected by such [projects](/usc/16/410r–5.md?p=c-4) or facilities in a manner that provides equitable treatment for such [fish and wildlife](/usc/16/3102.md?p=17) with the other purposes for which such system and facilities are managed and operated;
      - (ii) exercise such responsibilities, [taking](/usc/16/3102.md?p=18) into account at each relevant stage of decisionmaking processes to the fullest extent practicable, the program adopted by the [Council](/usc/16/839a.md?p=6) under this subsection. If, and to the extent that, such other Federal agencies as a result of such consideration impose upon any non-Federal [electric power](/usc/16/839a.md?p=9) [project](/usc/16/410r–5.md?p=c-4) measures to protect, mitigate, and enhance [fish and wildlife](/usc/16/3102.md?p=17) which are not attributable to the development and operation of such [project](/usc/16/410r–5.md?p=c-4), then the resulting monetary costs and power losses (if any) shall be borne by the [Administrator](/usc/16/839a.md?p=2) in accordance with this subsection.
    - (B) The [Administrator](/usc/16/839a.md?p=2) and such Federal agencies shall consult with the [Secretary](/usc/16/839a.md?p=20) of the Interior, the [Administrator](/usc/16/839a.md?p=2) of the National Marine Fisheries Service, and the [State](/usc/16/590q.md?p=a) [fish and wildlife](/usc/16/3102.md?p=17) agencies of the region, appropriate [Indian tribes](/usc/16/544.md?p=g), and affected [project](/usc/16/410r–5.md?p=c-4) operators in carrying out the provisions of this paragraph and shall, to the greatest extent practicable, coordinate their actions.
  - (12)
    - (A) Beginning on October 1 of the first fiscal year after all members to the [Council](/usc/16/839a.md?p=6) are appointed initially, the [Council](/usc/16/839a.md?p=6) shall submit annually a detailed report to the Committee on Energy and Natural [Resources](/usc/16/839a.md?p=19) of the Senate and to the Committees on Energy and Commerce and on Natural [Resources](/usc/16/839a.md?p=19) of the House of Representatives. The report shall describe the actions taken and to be taken by the [Council](/usc/16/839a.md?p=6) under this chapter, including this subsection, the effectiveness of the [fish and wildlife](/usc/16/3102.md?p=17) program, and potential revisions or modifications to the program to be included in the plan when adopted. At least ninety days prior to its submission of such report, the [Council](/usc/16/839a.md?p=6) shall make available to such [fish and wildlife](/usc/16/3102.md?p=17) agencies, and tribes, the [Administrator](/usc/16/839a.md?p=2) and the [customers](/usc/16/839a.md?p=7) a draft of such report. The [Council](/usc/16/839a.md?p=6) shall establish procedures for timely comments thereon. The [Council](/usc/16/839a.md?p=6) shall include as an appendix to such report such comments or a summary thereof.
    - (B) The [Administrator](/usc/16/839a.md?p=2) shall keep such committees fully and currently informed of the actions taken and to be taken by the [Administrator](/usc/16/839a.md?p=2) under this chapter, including this subsection.
- (i) **Review—** The [Council](/usc/16/839a.md?p=6) may from time to time review the actions of the [Administrator](/usc/16/839a.md?p=2) pursuant to this section and [section 839d of this title](/usc/16/839d.md) to determine whether such actions are consistent with the plan and programs, the extent to which the plan and programs is being implemented, and to assist the [Council](/usc/16/839a.md?p=6) in preparing amendments to the plan and programs.
- (j) **Requests by Council for action—**
  - (1) The [Council](/usc/16/839a.md?p=6) may request the [Administrator](/usc/16/839a.md?p=2) to [take](/usc/16/3102.md?p=18) an action under [section 839d of this title](/usc/16/839d.md) to carry out the [Administrator](/usc/16/839a.md?p=2)’s responsibilities under the plan.
  - (2) To the greatest extent practicable within ninety days after the [Council](/usc/16/839a.md?p=6)’s request, the [Administrator](/usc/16/839a.md?p=2) shall respond to the [Council](/usc/16/839a.md?p=6) in writing specifying—
    - (A) the means by which the [Administrator](/usc/16/839a.md?p=2) will undertake the action or any modification thereof requested by the [Council](/usc/16/839a.md?p=6), or
    - (B) the reasons why such action would not be consistent with the plan, or with the [Administrator](/usc/16/839a.md?p=2)’s legal obligations under this chapter, or other provisions of law, which the [Administrator](/usc/16/839a.md?p=2) shall specifically identify.
  - (3) If the [Administrator](/usc/16/839a.md?p=2) determines not to undertake the requested action, the [Council](/usc/16/839a.md?p=6), within sixty days after notice of the [Administrator](/usc/16/839a.md?p=2)’s determination, may request the [Administrator](/usc/16/839a.md?p=2) to hold an informal hearing and make a final decision.
- (k) **Review and analysis of 5-year period of Council activities—**
  - (1) Not later than October 1, 1987, or six years after the [Council](/usc/16/839a.md?p=6) is established under this chapter, whichever is later, the [Council](/usc/16/839a.md?p=6) shall complete a thorough analysis of [conservation](/usc/16/839a.md?p=3) measures and [conservation](/usc/16/839a.md?p=3) [resources](/usc/16/839a.md?p=19) implemented pursuant to this chapter during the five-year period beginning on the date the [Council](/usc/16/839a.md?p=6) is established under this chapter to determine if such measures or [resources](/usc/16/839a.md?p=19):
    - (A) have resulted or are likely to result in costs to [consumers](/usc/16/839a.md?p=5) in the region greater than the costs of additional generating [resources](/usc/16/839a.md?p=19) or additional fuel which the [Council](/usc/16/839a.md?p=6) determines would be necessary in the absence of such measures or [resources](/usc/16/839a.md?p=19);
    - (B) have not been or are likely not to be generally equitable to all [consumers](/usc/16/839a.md?p=5) in the region; or
    - (C) have impaired or are likely to impair the ability of the [Administrator](/usc/16/839a.md?p=2) to carry out his obligations under this chapter and other laws, consistent with sound business practices.
  - (2) The [Administrator](/usc/16/839a.md?p=2) may determine that [section 839a(4)(D) of this title](/usc/16/839a.md?p=4-D) shall not apply to any proposed [conservation](/usc/16/839a.md?p=3) measure or [resource](/usc/16/839a.md?p=19) if the [Administrator](/usc/16/839a.md?p=2) finds after receipt of such analysis from the [Council](/usc/16/839a.md?p=6) that such measure or [resource](/usc/16/839a.md?p=19) would have any result or effect described in subparagraph [(A)](#k-1-A), [(B)](#k-1-B) or [(C)](#k-1-C) of paragraph (1).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 96–501, § 4, Dec. 5, 1980, 94 Stat. 2700; Pub. L. 103–437, § 6(u), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 104–206, title V, § 512, Sept. 30, 1996, 110 Stat. 3005; Pub. L. 106–60, title VI, § 610, Sept. 29, 1999, 113 Stat. 502; Pub. L. 112–74, div. B, title III, § 307, Dec. 23, 2011, 125 Stat. 877; Pub. L. 117–286, § 4(a)(104), Dec. 27, 2022, 136 Stat. 4317; Pub. L. 119–74, div. B, title III, § 312, Jan. 23, 2026, 140 Stat. 89.)

## Notes

### Editorial Notes

### References in Text

The Ethics in Government Act of 1978, referred to in subsec. (b)(3), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title II of the Act was set out in the Appendix to Title 5, Government Organization and Employees, prior to repeal by Pub. L. 101–194, title II, § 201, Nov. 30, 1989, 103 Stat. 1724. For complete classification of this Act to the Code, see Tables.

The Federal Columbia River Transmission System Act, referred to in subsecs. (c)(10)(A) and (h)(10)(B), is Pub. L. 93–454, Oct. 18, 1974, 88 Stat. 1376, which is classified generally to chapter 12G (§ 838 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 838 of this title and Tables.

### Codification

September 30, 1996, referred to in subsec. (h)(10)(D)(i), (ii), was in the original “the date of this enactment”, which was translated as meaning the date of enactment of Pub. L. 104–206, which enacted subsec. (h)(10)(D), to reflect the probable intent of Congress.

### Amendments

2026—Subsec. (c)(10)(B). Pub. L. 119–74 substituted “, adjusted for inflation.” for period at end.

2022—Subsec. (h)(10)(D)(iii). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

2011—Subsec. (h)(10)(B). Pub. L. 112–74, which directed amendment of “section 839b(h)(10)(B) of title 16, United States Code” by substituting “$2,500,000” for “$1,000,000”, was executed by making the substitution in subsec. (h)(10)(B) of this section, which is section 4 of the Pacific Northwest Electric Power Planning and Conservation Act, to reflect the probable intent of Congress.

1999—Subsec. (h)(10)(D)(vii), (viii). Pub. L. 106–60 added cl. (vii) and struck out former cls. (vii) and (viii) which read as follows:

“(vii) Cost Limitation.—The cost of this provision shall not exceed $2,000,000 in 1997 dollars.

“(viii) Expiration.—This paragraph shall expire on September 30, 2000.”

1996—Subsec. (h)(10)(D). Pub. L. 104–206, which directed that subpar. (D) be inserted after subsec. (h)(10)(C) of the Northwest Power Planning and Conservation Act, was executed by adding subsec. (h)(10)(D) to this section, which is from the Pacific Northwest Electric Power Planning and Conservation Act, to reflect the probable intent of Congress.

1994—Subsec. (h)(12)(A). Pub. L. 103–437 substituted “Committees on Energy and Commerce and on Natural Resources” for “Committees on Interstate and Foreign Commerce and on Interior and Insular Affairs”.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (h)(12)(A) of this section relating to submitting annually a detailed report to the Committee on Energy and Natural Resources of the Senate and to the Committees on Energy and Commerce and on Natural Resources of the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 188 of House Document No. 103–7.

### References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

### Operation and Maintenance of Fish Passage Facilities Within the Yakima River Basin; Funding

Pub. L. 98–381, title I, § 109, Aug. 17, 1984, 98 Stat. 1340, provided that: “The Secretary of the Interior, acting pursuant to Federal reclamation law (Act of June 17, 1902, 32 Stat. 388 [see Short Title note under section 371 of Title 43, Public Lands], and Acts amendatory thereof and supplementary thereto) and in accordance with the Pacific Northwest Electric Power Planning and Conservation Act (94 Stat. 2697) [16 U.S.C. 839 et seq.] is authorized to design, construct, operate, and maintain fish passage facilities within the Yakima River Basin, and to accept funds from any entity, public or private, to design, construct, operate, and maintain such facilities.”

### Executive Documents

### Change of Name

The Water and Power Resources Service, referred to in subsec. (h)(10)(C), changed to the Bureau of Reclamation on May 18, 1981. See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y James G. Watt, Dep’t of the Interior, Secretarial Order 3064, §§ 3, 5 (May 18, 1981).