Page:United States Statutes at Large Volume 94 Part 3.djvu/65

 PUBLIC LAW 96-501—DEC. 5, 1980

94 STAT. 2709

(B) The Council shall provide for public participation and comment Written and oral regarding the recommendations and supporting documents, includ- comments. ing an opportunity for written and oral comments, within such reasonable time as the Council deems appropriate. (5) The Council shall develop a program on the basis of such recommendations, supporting documents, and views and info:^mation obtained through public comment and participation, and consultation with the agencies, tribes, and customers referred to in subparagraph (A) of paragraph (4). The program shall consist of measures to protect, mitigate, and enhance fish and wildlife 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 shall include in the program measures which it determines, on the basis set forth in paragraph (5), will— (A) complement the existing and future activities of the Federal and the region's State fish and wildlife agencies and appropriate Indian tribes; (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 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 shall determine whether each recommendation received is consistent with the purposes of this Act. In the event such recommendations are inconsistent with each other, the Council, 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 fish and wildlife agencies and appropriate Indian tribes. If the Council does not adopt any recommendation of the fish and wildlife agencies and Indian tribes 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. (8) The Council 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.

79-194

O—81—pt. 3

5: QL3

�