; and (B) by striking Act, and and inserting Act; and ; and (3) in paragraph (2), by striking insure and inserting ensure . 10. Alternative conditions and prescriptions (a) Alternative conditions Section 33(a) of the Federal Power Act ( 16 U.S.C. 823d(a) ) is amended— (1) in paragraph (1)— (A) by inserting or an Indian Tribe, as provided in section 37, after (referred to in this subsection as the Secretary ) ; and (B) by striking the first proviso of section 4(e) and inserting section 4(e)(2) ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking the first proviso of section 4(e) and inserting section 4(e)(2) ; (B) by striking the Secretary each place it appears and inserting the Secretary or Indian Tribe ; and (C) by striking subparagraphs (A) and (B) and inserting the following: (A) would result in improved protection or utilization of the reservation at no additional cost to the project, including the value of foregone power or energy as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; or (B) would— (i) be no less protective of the reservation than the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; and (ii) as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe— (I) cost significantly less to implement; or (II) result in improved operation of the project works for electricity production. ; (3) in paragraph (3), by striking the Secretary each place it appears and inserting the Secretary or Indian Tribe ; (4) by redesignating paragraph (5) as paragraph (6)