IB 

Union Calendar No. 463 

117TH CONGRESS 

2D SESSION H. R. 2641 

[Report No. 117–644] 

To amend the Reclamation Project Act of 1939 to authorize pumped storage 

hydropower development utilizing multiple Bureau of Reclamation reservoirs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2021 

Mr. NEWHOUSE introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 15, 2022 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To amend the Reclamation Project Act of 1939 to authorize 

pumped storage hydropower development utilizing multiple Bureau of Reclamation reservoirs. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pacific Northwest 

5 Pumped Storage Hydropower Development Act of 2021’’. 

6 SEC. 2. AUTHORITY FOR PUMPED STORAGE HYDROPOWER 

7 DEVELOPMENT USING MULTIPLE BUREAU OF 

8 RECLAMATION RESERVOIRS. 

9 Section 9(c) of the Reclamation Project Act of 1939 

10 (43 U.S.C. 485h(c)) is amended— 

11 (1) in paragraph (1), in the fourth sentence, by 

12 striking ‘‘, including small conduit hydropower devel13 opment’’ and inserting ‘‘and reserve to the Secretary 

14 the exclusive authority to develop small conduit hy15 dropower using Bureau of Reclamation facilities and 

16 pumped storage hydropower exclusively using Bu17 reau of Reclamation reservoirs’’; and 

18 (2) in paragraph (8), by striking ‘‘has been 

19 filed with the Federal Energy Regulatory Commis20 sion as of the date of the enactment of the Bureau 

21 of Reclamation Small Conduit Hydropower Develop22 ment and Rural Jobs Act’’ and inserting ‘‘was filed 

23 with the Federal Energy Regulatory Commission be24 fore August 9, 2013, and is still pending’’. 


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1 SEC. 3. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF 

2 POWER PRIVILEGE. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Energy Regulatory Commission. 

6 (2) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the Office of Hearings and Appeals. 

8 (3) OFFICE OF HEARINGS AND APPEALS.—The 

9 term ‘‘Office of Hearings and Appeals’’ means the 

10 Office of Hearings and Appeals of the Department 

11 of the Interior. 

12 (4) PARTY.—The term ‘‘party’’, with respect to 

13 a study plan agreement, means each of the following 

14 parties to the study plan agreement: 

15 (A) The proposed lessee. 

16 (B) The Tribes. 

17 (5) PROJECT.—The term ‘‘project’’ means a 

18 proposed pumped storage facility that— 

19 (A) would use multiple Bureau of Rec20 lamation reservoirs; and 

21 (B) as of June 1, 2017, was subject to a 

22 preliminary permit issued by the Commission 

23 pursuant to section 4(f) of the Federal Power 

24 Act (16 U.S.C. 797(f)). 

25 (6) PROPOSED LESSEE.—The term ‘‘proposed 

26 lessee’’ means the proposed lessee of a project. 


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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (8) STUDY PLAN.—The term ‘‘study plan’’ 

4 means the plan described in subsection (d)(1). 

5 (9) STUDY PLAN AGREEMENT.—The term 

6 ‘‘study plan agreement’’ means an agreement en7 tered into under subsection (b)(1) and described in 

8 subsection (c). 

9 (10) TRIBES.—The term ‘‘Tribes’’ means— 

10 (A) the Confederated Tribes of the Colville 

11 Reservation; and 

12 (B) the Spokane Tribe of Indians of the 

13 Spokane Reservation. 

14 (b) REQUIREMENT FOR ISSUANCE OF LEASES OF

15 POWER PRIVILEGE.—The Secretary shall not issue a lease 

16 of power privilege pursuant to section 9(c)(1) of the Rec17 lamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as 

18 amended by section 2) for a project unless— 

19 (1) the proposed lessee and the Tribes have en20 tered into a study plan agreement; or 

21 (2) the Secretary or the Director, as applicable, 

22 makes a final determination for— 

23 (A) a study plan agreement under sub24 section (c)(2); or 

25 (B) a study plan under subsection (d). 


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1 (c) STUDY PLAN AGREEMENT REQUIREMENTS.— 

2 (1) IN GENERAL.—A study plan agreement 

3 shall— 

4 (A) establish the deadlines for the pro5 posed lessee to formally respond in writing to 

6 comments and study requests about the project 

7 previously submitted to the Commission; 

8 (B) allow for the parties to submit addi9 tional comments and study requests if any as10 pect of the project, as proposed, differs from an 

11 aspect of the project, as described in a 

12 preapplication document provided to the Com13 mission; 

14 (C) except as expressly agreed to by the 

15 parties or as provided in paragraph (2) or sub16 section (d), require that the proposed lessee 

17 conduct each study described in— 

18 (i) a study request about the project 

19 previously submitted to the Commission; or 

20 (ii) any additional study request sub21 mitted in accordance with the study plan 

22 agreement; 

23 (D) require that the proposed lessee study 

24 any potential adverse economic effects of the 

25 project on the Tribes, including effects on— 


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1 (i) annual payments to the Confed2 erated Tribes of the Colville Reservation 

3 under section 5(b) of the Confederated 

4 Tribes of the Colville Reservation Grand 

5 Coulee Dam Settlement Act (Public Law 

6 103–436; 108 Stat. 4579); and 

7 (ii) annual payments to the Spokane 

8 Tribe of Indians of the Spokane Reserva9 tion authorized after the date of enactment 

10 of this Act, the amount of which derives 

11 from the annual payments described in 

12 clause (i); 

13 (E) establish a protocol for communication 

14 and consultation between the parties; 

15 (F) provide mechanisms for resolving dis16 putes between the parties regarding implemen17 tation and enforcement of the study plan agree18 ment; and 

19 (G) contain other provisions determined to 

20 be appropriate by the parties. 

21 (2) DISPUTES.— 

22 (A) IN GENERAL.—If the parties cannot 

23 agree to the terms of a study plan agreement 

24 or implementation of those terms, the parties 

25 shall submit to the Director, for final deterVerDate Sep 11 2014 21:46 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2641.RH H2641

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1 mination on the terms or implementation of the 

2 study plan agreement, notice of the dispute, 

3 consistent with paragraph (1)(F), to the extent 

4 the parties have agreed to a study plan agree5 ment. 

6 (B) INCLUSION.—A dispute covered by 

7 subparagraph (A) may include the view of a 

8 proposed lessee that an additional study request 

9 submitted in accordance with paragraph (1)(B) 

10 is not reasonably calculated to assist the Sec11 retary in evaluating the potential impacts of the 

12 project. 

13 (C) TIMING.—The Director shall issue a 

14 determination regarding a dispute under sub15 paragraph (A) not later than 120 days after the 

16 date on which the Director receives notice of 

17 the dispute under that subparagraph. 

18 (d) STUDY PLAN.— 

19 (1) IN GENERAL.—The proposed lessee shall 

20 submit to the Secretary for approval a study plan 

21 that details the proposed methodology for per22 forming each of the studies— 

23 (A) identified in the study plan agreement 

24 of the proposed lessee; or 


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1 (B) determined by the Director in a final 

2 determination regarding a dispute under sub3 section (c)(2). 

4 (2) INITIAL DETERMINATION.—Not later than 

5 60 days after the date on which the Secretary re6 ceives the study plan under paragraph (1), the Sec7 retary shall make an initial determination that— 

8 (A) approves the study plan; 

9 (B) rejects the study plan on the grounds 

10 that the study plan— 

11 (i) lacks sufficient detail on a pro12 posed methodology for a study identified in 

13 the study plan agreement; or 

14 (ii) is inconsistent with the study plan 

15 agreement; or 

16 (C) imposes additional study plan require17 ments that the Secretary determines are nec18 essary to adequately define the potential effects 

19 of the project on— 

20 (i) the exercise of the paramount 

21 hunting, fishing, and boating rights of the 

22 Tribes reserved pursuant to the Act of 

23 June 29, 1940 (54 Stat. 703, chapter 460; 

24 16 U.S.C. 835d et seq.); 


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1 (ii) the annual payments described in 

2 clauses (i) and (ii) of subsection (c)(1)(D); 

3 (iii) the Columbia Basin project (as 

4 defined in section 1 of the Act of May 27, 

5 1937 (50 Stat. 208, chapter 269; 57 Stat. 

6 14, chapter 14; 16 U.S.C. 835)); 

7 (iv) historic properties and cultural or 

8 spiritually significant resources; and 

9 (v) the environment. 

10 (3) OBJECTIONS.— 

11 (A) IN GENERAL.—Not later than 30 days 

12 after the date on which the Secretary makes an 

13 initial determination under paragraph (2), the 

14 Tribes or the proposed lessee may submit to the 

15 Director an objection to the initial determina16 tion. 

17 (B) FINAL DETERMINATION.—Not later 

18 than 120 days after the date on which the Di19 rector receives an objection under subparagraph 

20 (A), the Director shall— 

21 (i) hold a hearing on the record re22 garding the objection; and 

23 (ii) make a final determination that 

24 establishes the study plan, including a deVerDate Sep 11 2014 21:46 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2641.RH H2641

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1 scription of studies the proposed lessee is 

2 required to perform. 

3 (4) NO OBJECTIONS.—If no objections are sub4 mitted by the deadline described in paragraph 

5 (3)(A), the initial determination of the Secretary 

6 under paragraph (2) shall be final. 

7 (e) CONDITIONS OF LEASE.— 

8 (1) CONSISTENCY WITH RIGHTS OF TRIBES; 

9 PROTECTION, MITIGATION, AND ENHANCEMENT OF

10 FISH AND WILDLIFE.— 

11 (A) IN GENERAL.—Any lease of power 

12 privilege issued by the Secretary for a project 

13 under subsection (b) shall contain conditions— 

14 (i) to ensure that the project is con15 sistent with, and will not interfere with, 

16 the exercise of the paramount hunting, 

17 fishing, and boating rights of the Tribes 

18 reserved pursuant to the Act of June 29, 

19 1940 (54 Stat. 703, chapter 460; 16 

20 U.S.C. 835d et seq.); and 

21 (ii) to adequately and equitably pro22 tect, mitigate damages to, and enhance 

23 fish and wildlife, including related spawn24 ing grounds and habitat, affected by the 


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1 development, operation, and management 

2 of the project. 

3 (B) RECOMMENDATIONS OF THE

4 TRIBES.—The conditions required under sub5 paragraph (A) shall be based on joint rec6 ommendations of the Tribes. 

7 (C) RESOLVING INCONSISTENCIES.— 

8 (i) IN GENERAL.—If the Secretary de9 termines that any recommendation of the 

10 Tribes under subparagraph (B) is not rea11 sonably calculated to ensure the project is 

12 consistent with subparagraph (A) or is in13 consistent with the requirements of the 

14 Reclamation Project Act of 1939 (43 

15 U.S.C. 485 et seq.), the Secretary shall at16 tempt to resolve any such inconsistency 

17 with the Tribes, giving due weight to the 

18 recommendations and expertise of the 

19 Tribes. 

20 (ii) PUBLICATION OF FINDINGS.—If, 

21 after an attempt to resolve an inconsist22 ency under clause (i), the Secretary does 

23 not adopt in whole or in part a rec24 ommendation of the Tribes under subpara25 graph (B), the Secretary shall issue each 


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1 of the following findings, including a state2 ment of the basis for each of the findings: 

3 (I) A finding that adoption of the 

4 recommendation is inconsistent with 

5 the requirements of the Reclamation 

6 Project Act of 1939 (43 U.S.C. 485 et 

7 seq.). 

8 (II) A finding that the conditions 

9 selected by the Secretary to be con10 tained in the lease of power privilege 

11 under subparagraph (A) comply with 

12 the requirements of clauses (i) and 

13 (ii) of that subparagraph. 

14 (2) ANNUAL CHARGES PAYABLE BY LI15 CENSEE.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), any lease of power privilege issued 

18 by the Secretary for a project under subsection 

19 (b) shall contain conditions that require the les20 see of the project to make direct payments to 

21 the Tribes through reasonable annual charges 

22 in an amount that recompenses the Tribes for 

23 any adverse economic effect of the project iden24 tified in a study performed pursuant to the 

25 study plan agreement for the project. 


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1 (B) AGREEMENT.— 

2 (i) IN GENERAL.—The amount of the 

3 annual charges described in subparagraph 

4 (A) shall be established through agreement 

5 between the proposed lessee and the 

6 Tribes. 

7 (ii) CONDITION.—The agreement 

8 under clause (i), including any modifica9 tion of the agreement, shall be deemed to 

10 be a condition to the lease of power privi11 lege issued by the Secretary for a project 

12 under subsection (b). 

13 (C) DISPUTE RESOLUTION.— 

14 (i) IN GENERAL.—If the proposed les15 see and the Tribes cannot agree to the 

16 terms of an agreement under subpara17 graph (B)(i), the proposed lessee and the 

18 Tribes shall submit notice of the dispute to 

19 the Director. 

20 (ii) RESOLUTION.—The Director shall 

21 resolve the dispute described in clause (i) 

22 not later than 180 days after the date on 

23 which the Director receives notice of the 

24 dispute under that clause. 


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1 (3) ADDITIONAL CONDITIONS.—The Secretary 

2 may include in any lease of power privilege issued by 

3 the Secretary for a project under subsection (b) 

4 other conditions determined appropriate by the Sec5 retary, on the condition that the conditions shall be 

6 consistent with the Reclamation Project Act of 1939 

7 (43 U.S.C. 485 et seq.). 

8 (4) CONSULTATION.—In establishing conditions 

9 under this subsection, the Secretary shall consult 

10 with the Tribes. 

11 (f) DEADLINES.—The Secretary or any officer of the 

12 Office of Hearing and Appeals before whom a proceeding 

13 is pending under this section may extend any deadline or 

14 enlarge any timeframe described in this section— 

15 (1) at the discretion of the Secretary or the of16 ficer; or 

17 (2) on a showing of good cause by any party. 

18 (g) JUDICIAL REVIEW.—Any final action of the Sec19 retary or the Director made pursuant to this section shall 

20 be subject to judicial review in accordance with chapter 

21 7 of title 5, United States Code. 

22 (h) EFFECT ON OTHER PROJECTS.—Nothing in this 

23 section establishes any precedent or is binding on any Bu24 reau of Reclamation lease of power privilege, other than 

25 for a project. 


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Union Calendar No. 463 

117TH CONGRESS 

2D SESSION H. R. 2641 

[Report No. 117–644] 

A BILL 

To amend the Reclamation Project Act of 1939 to 

reservoirs. ment utilizing multiple Bureau of Reclamation authorize pumped storage hydropower developDECEMBER 15, 2022 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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