,,ii ,calendar ,no4 #bfj #aafth ,,congress #ast ,session ,s4 #agea ,report ,no4 #aaf-adj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjai,ms4 ,cantwell introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,october #bc1 #bjai,reported by ,ms4 ,murkowski1 with an amendment,omit the part struck through and insert the part printed in italic ,a ,,bill ,to amend the ,reclamation ,project ,act of #aici to authorize pumped storage hydropower development utilizing multiple ,bureau of ,reclamation reservoirs4 #a4 ,short title ,this ,act may be cited as the ,bureau of ,reclamation ,pumped ,storage ,hydropower ,development ,act4 #b4 ,authority for pumped storage hydropower development using multiple ,bureau of ,reclamation reservoirs ,section #i7;c7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77 is amended-- 7#a7 in paragraph 7#a71 in the fourth sentence1 by striking 1 including small conduit hydropower development and inserting and reserve to the ,secretary the exclusive authority to develop small conduit hydropower using ,bureau of ,reclamation facilities and pumped storage hydropower exclusively using ,bureau of ,reclamation reservoirs2 and 7#b7 in paragraph 7#h71 by striking has been filed with the ,federal ,energy ,regulatory ,commission as of ,august #i1 #bjac as of the date of the enactment of the ,bureau of ,reclamation ,small ,conduit ,hydropower ,development and ,rural ,jobs ,act and inserting was filed with the ,federal ,energy ,regulatory ,commission before ,august #i1 #bjac1 and is still pending4 #c4 ,limitations on issuance of certain leases of power privilege 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,hearings and ,appeals4 7#c7 ,office of ,hearings and ,appeals ,the term ,office of ,hearings and ,appeals means the ,office of ,hearings and ,appeals of the ,department of the ,interior4 7#d7 ,party ,the term party1 with respect to a study plan agreement1 means each of the following parties to the study plan agreement3 7,a7 ,the proposed lessee4 7,b7 ,the ,tribes4 7#e7 ,project ,the term project means a proposed pumped storage facility that-- 7,a7 would use multiple ,bureau of ,reclamation reservoirs2 and 7,b7 as of ,june #a1 #bjag1 was subject to a preliminary permit issued by the ,commission pursuant to section #d7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;f774 7#f7 ,proposed lessee ,the term proposed lessee means the proposed lessee of a project4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,study plan ,the term study plan means the plan described in subsection 7d77#a74 7#i7 ,study plan agreement ,the term study plan agreement means an agreement entered into under subsection 7b77#a7 and described in subsection 7c74 7#aj7 ,tribes ,the term ,tribes means-- 7,a7 the ,confederated ,tribes of the ,colville ,reservation2 and 7,b7 the ,spokane ,tribe of ,indians of the ,spokane ,reservation4 7b7 ,requirement for issuance of leases of power privilege ,the ,secretary shall not issue a lease of power privilege pursuant to section #i7;c77#a7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77#a77 7as amended by section #b7 for a project unless-- 7#a7 the proposed lessee and the ,tribes have entered into a study plan agreement2 or 7#b7 the ,secretary or the ,director1 as applicable1 makes a final determination for-- 7,a7 a study plan agreement under subsection 7c77#b72 or 7,b7 a study plan under subsection 7d74 7c7 ,study plan agreement requirements 7#a7 ,in general ,a study plan agreement shall-- 7,a7 establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the ,commission2 7,b7 allow for the parties to submit additional comments and study requests if any aspect of the project1 as proposed1 differs from an aspect of the project1 as described in a preapplication document provided to the ,commission2 7,c7 except as expressly agreed to by the parties or as provided in paragraph 7#b7 or subsection 7d71 require that the proposed lessee conduct each study described in-- 7i7 a study request about the project previously submitted to the ,commission2 or 7ii7 any additional study request submitted in accordance with the study plan agreement2 7,d7 require that the proposed lessee study any potential adverse economic effects of the project on the ,tribes1 including effects on-- 7i7 annual payments to the ,confederated ,tribes of the ,colville ,reservation under section #e7;b7 of the ,confederated ,tribes of the ,colville ,reservation ,grand ,coulee ,dam ,settlement ,act 7,public ,law #ajc-dcf2 #ajh ,stat4 #degi72 and 7ii7 annual payments to the ,spokane ,tribe of ,indians of the ,spokane ,reservation authorized after the date of enactment of this ,act1 the amount of which derives from the annual payments described in clause 7i72 7,e7 establish a protocol for communication and consultation between the parties2 7,f7 provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement2 and 7,g7 contain other provisions determined to be appropriate by the parties4 7#b7 ,disputes 7,a7 ,in general ,if the parties cannot agree to the terms of a study plan agreement or implementation of those terms1 the parties shall submit to the ,director1 for final determination on the terms or implementation of the study plan agreement1 notice of the dispute1 consistent with paragraph 7#a77;,f71 to the extent the parties have agreed to a study plan agreement4 7,b7 ,inclusion ,a dispute covered by subparagraph 7,a7 may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph 7#a77;,b7 is not reasonably calculated to assist the ,secretary in evaluating the potential impacts of the project4 7,c7 ,timing ,the ,director shall issue a determination regarding a dispute under subparagraph 7,a7 not later than #abj days after the date on which the ,director receives notice of the dispute under that subparagraph4 7d7 ,study plan 7#a7 ,in general ,the proposed lessee shall submit to the ,secretary for approval a study plan that details the proposed methodology for performing each of the studies-- 7,a7 identified in the study plan agreement of the proposed lessee2 or 7,b7 determined by the ,director in a final determination regarding a dispute under subsection 7c77#b74 7#b7 ,initial determination ,not later than #fj days after the date on which the ,secretary receives the study plan under paragraph 7#a71 the ,secretary shall make an initial determination that-- 7,a7 approves the study plan2 7,b7 rejects the study plan on the grounds that the study plan-- 7i7 lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement2 or 7ii7 is inconsistent with the study plan agreement2 or 7,c7 imposes additional study plan requirements that the ,secretary determines are necessary to adequately define the potential effects of the project on-- 7i7 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 7ii7 the annual payments described in clauses 7i7 and 7ii7 of subsection 7c77#a77;,d72 7iii7 the ,columbia ,basin project 7as defined in section #a of the ,act of ,may #bg1 #aicg 7#ej ,stat4 #bjh1 chapter #bfi2 #eg ,stat4 #ad1 chapter #ad2 #af ,u4,s4,c4 #hce772 7iv7 historic properties and cultural or spiritually significant resources2 and 7v7 the environment4 7#c7 ,objections 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary makes an initial determination under paragraph 7#b71 the ,tribes or the proposed lessee may submit to the ,director an objection to the initial determination4 7,b7 ,final determination ,not later than #abj days after the date on which the ,director receives an objection under subparagraph 7,a71 the ,director shall-- 7i7 hold a hearing on the record regarding the objection2 and 7ii7 make a final determination that establishes the study plan1 including a description of studies the proposed lessee is required to perform4 7#d7 ,no objections ,if no objections are submitted by the deadline described in paragraph 7#c77;,a71 the initial determination of the ,secretary under paragraph 7#b7 shall be final4 7e7 ,conditions of lease 7#a7 ,consistency with rights of ,tribes2 protection1 mitigation1 and enhancement of fish and wildlife 7,a7 ,in general ,any lease of power privilege issued by the ,secretary for a project under subsection 7b7 shall contain conditions-- 7i7 to ensure that the project is consistent with1 and will not interfere with1 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 and 7ii7 to adequately and equitably protect1 mitigate damages to1 and enhance fish and wildlife1 including related spawning grounds and habitat1 affected by the development1 operation1 and management of the project4 7,b7 ,recommendations of the ,tribes ,the conditions required under subparagraph 7,a7 shall be based on joint recommendations of the ,tribes4 7,c7 ,resolving inconsistencies 7i7 ,in general ,if the ,secretary determines that any recommendation of the ,tribes under subparagraph 7,b7 is not reasonably calculated to ensure the project is consistent with subparagraph 7,a7 or is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq471 the ,secretary shall attempt to resolve any such inconsistency with the ,tribes1 giving due weight to the recommendations and expertise of the ,tribes4 7ii7 ,publication of findings ,if1 after an attempt to resolve an inconsistency under clause 7i71 the ,secretary does not adopt in whole or in part a recommendation of the ,tribes under subparagraph 7,b71 the ,secretary shall issue each of the following findings1 including a statement of the basis for each of the findings3 7,i7 ,a finding that adoption of the recommendation is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7,,ii7 ,a finding that the conditions selected by the ,secretary to be contained in the lease of power privilege under subparagraph 7,a7 comply with the requirements of clauses 7i7 and 7ii7 of that subparagraph4 7#b7 ,annual charges payable by licensee 7,a7 ,in general ,subject to subparagraph 7,b71 any lease of power privilege issued by the ,secretary for a project under subsection 7b7 shall contain conditions that require the lessee of the project to make direct payments to the ,tribes through reasonable annual charges in an amount that recompenses the ,tribes for any adverse economic effect of the project identified in a study performed pursuant to the study plan agreement for the project4 7,b7 ,agreement 7i7 ,in general ,the amount of the annual charges described in subparagraph 7,a7 shall be established through agreement between the proposed lessee and the ,tribes4 7ii7 ,condition ,the agreement under clause 7i71 including any modification of the agreement1 shall be deemed to be a condition to the lease of power privilege issued by the ,secretary for a project under subsection 7b74 7,c7 ,dispute resolution 7i7 ,in general ,if the proposed lessee and the ,tribes cannot agree to the terms of an agreement under subparagraph 7,b77i71 the proposed lessee and the ,tribes shall submit notice of the dispute to the ,director4 7ii7 ,resolution ,the ,director shall resolve the dispute described in clause 7i7 not later than #ahj days after the date on which the ,director receives notice of the dispute under that clause4 7#c7 ,additional conditions ,the ,secretary may include in any lease of power privilege issued by the ,secretary for a project under subsection 7b7 other conditions determined appropriate by the ,secretary1 on the condition that the conditions shall be consistent with the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7#d7 ,consultation ,in establishing conditions under this subsection1 the ,secretary shall consult with the ,tribes4 7f7 ,deadlines ,the ,secretary or any officer of the ,office of ,hearing and ,appeals before whom a proceeding is pending under this section may extend any deadline or enlarge any timeframe described in this section-- 7#a7 at the discretion of the ,secretary or the officer2 or 7#b7 on a showing of good cause by any party4 7g7 ,judicial review ,any final action of the ,secretary or the ,director made pursuant to this section shall be subject to judicial review in accordance with chapter #g of title #e1 ,united ,states ,code4 7h7 ,effect on other projects ,nothing in this section establishes any precedent or is binding on any ,bureau of ,reclamation lease of power privilege1 other than for a project4 ,october #bc1 #bjai,reported with an amendment