Page:United States Statutes at Large Volume 94 Part 3.djvu/67

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-501—DEC. 5, 1980

94 STAT. 2711

(ii) exercise such responsibilities, taking into account at each relevant stage of decisionmaking processes to the fullest extent practicable, the program adopted by the Council 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 project measures to protect, mitigate, and enhance fish and wildlife which are not attributable to the development and operation of such project, then the resulting monetary costs and power losses (if any) shall be borne by the Administrator in accordance with this subsection. (B) The Administrator and such Federal Eigencies shall consult with the Secretary of the Interior, the Administrator of the National Marine Fisheries Service, and the State fish and wildlife agencies of the region, appropriate Indian tribes, and affected project operators in carrying out the provisions of this paragraph and shall, to the greatest extent practicable, coordinate their actions. (12XA) Beginning on October 1 of the first fiscal year after all Report to members to the Council are appointed initially, the Council shall congressional submit annually a detailed report to the Committee on Energy and committees. Natural Resources of the Senate and to the Committees on Interstate and Foreign Commerce and on Interior and Insular Affairs of the House of Representatives. The report shall describe the actions taken and to be taken by the Council under this Act, including this subsection, the effectiveness of the fish and wildlife program, and potential revisions or modifications to the program to be included in the plein when adopted. At least ninety days prior to its submission of such report, the Council shall make available to such fish and wildlife agencies, and tribes, the Administrator and the customers a draft of such report. The Council shall establish procedures for timely comments thereon. The Council shall include as an appendix to such report such comments or a summary thereof. (B) The Administrator shall keep such committees fully and currently informed of the actions taken and to be taken by the Administrator under this Act, including this subsection. (i) The Council may from time to time review the actions of the Review. Administrator pursuant to sections 4 and 6 of this Act 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 in preparing amendments to the plan and programs. (j)(1) The Council may request the Administrator to take an action under section 6 to carry out the Administrator's responsibilities under the plan. (2) To the greatest extent practicable within ninety days after the Council's request, the Administrator shall respond to the Council in writing specifying— (A) the means by which the Administrator will undertake the action or any modification thereof requested by the Council, or (B) the reasons why such action would not be consistent with the plan, or with the Administrator's legal obligations under this Act, or other provisions of law, which the Administrator shall specifically identify. (3) If the Administrator determines not to undertake the requested Hearing. action, the Council, within sixty days after notice of the Administrator's determination, may request the Administrator to hold an informal hearing and make a final decision. (k)(1) Not later than October 1, 1987, or six years after the Council Conservation is established under this Act, whichever is later, the Council shall measures and resources, analysis.