Page:United States Statutes at Large Volume 119.djvu/692

 119 STAT. 674

Establishment.

PUBLIC LAW 109–58—AUG. 8, 2005

issues surrounding the expanded discovery and use of geothermal energy, including from geothermal resources on public lands. (b) MEMBERS.—The consortium referred to in subsection (a) shall— (1) be known as the ‘‘Intermountain West Geothermal Consortium’’; (2) be a regional consortium of institutions and government agencies that focuses on building collaborative efforts among the universities in the State of Idaho, other regional universities, State agencies, and the Idaho National Laboratory; (3) include Boise State University, the University of Idaho (including the Idaho Water Resources Research Institute), the Oregon Institute of Technology, the Desert Research Institute with the University and Community College System of Nevada, and the Energy and Geoscience Institute at the University of Utah; (4) be hosted and managed by Boise State University; and (5) have a director appointed by Boise State University, and associate directors appointed by each participating institution. (c) FINANCIAL ASSISTANCE.—The Secretary, acting through the Idaho National Laboratory and subject to the availability of appropriations, will provide financial assistance to Boise State University for expenditure under contracts with members of the consortium to carry out the activities of the consortium.

Subtitle C—Hydroelectric SEC. 241. ALTERNATIVE CONDITIONS AND FISHWAYS.

Deadline. Regulations. Procedures.

Deadline.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

(a) FEDERAL RESERVATIONS.—Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended by inserting after ‘‘adequate protection and utilization of such reservation.’’ at the end of the first proviso the following: ‘‘The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such conditions. All disputed issues of material fact raised by any party shall be determined in a single trial-type hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection and within the time frame established by the Commission for each license proceeding. Within 90 days of the date of enactment of the Energy Policy Act of 2005, the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission.’’. (b) FISHWAYS.—Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ‘‘and such fishways as may be prescribed by the Secretary of Commerce.’’ the following: ‘‘The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such fishways. All disputed issues of material fact raised by any party shall be determined in a

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