reserved pursuant the Act of June 29, 1940 
(54 Stat. 703, chapter 460; 16 U.S.C. 835d 
et seq.); 
(ii) the annual payments described in 
clauses (i) and (ii) of subsection (c)(1)(D); 
(iii) the Columbia Basin project (as 
defined in section 1 of the Act of May 27, 
1937 (50 Stat. 208, chapter 269; 57 Stat. 
14, chapter 14; 16 U.S.C. 835)); 
(iv) historic properties and cultural or 
spiritually significant resources; and 
(v) the environment. 
(3) OBJECTIONS.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which the Secretary makes an 
initial determination under paragraph (2), the 
Tribes or the proposed lessee may submit to the 
Director an objection to the initial determina-
tion. 
(B) FINAL
DETERMINATION.—Not later 
than 120 days after the date on which the Direc-
tor receives an objection under subparagraph 
(A), the Director shall— 
(i) hold a hearing on the record re-
garding the objection; and 
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daltland on DSKBBV9HB2PROD with BILLS
(ii) make a final determination that 
establishes the study plan, including a de-
scription of studies the proposed lessee is re-
quired to perform. 
(4) NO OBJECTIONS.—If no objections are sub-
mitted by the deadline described in paragraph (3)(A), 
the initial determination of the Secretary under para-
graph (2) shall be final. 
(e) CONDITIONS OF LEASE.— 
(1) CONSISTENCY WITH RIGHTS OF TRIBES; PRO-
TECTION, MITIGATION, AND ENHANCEMENT OF FISH 
AND WILDLIFE.— 
(A) IN
GENERAL.—Any lease of power 
privilege issued by the Secretary for a project 
under subsection (b) shall contain conditions— 
(i) to ensure that the project is con-
sistent with, and will not interfere with, the 
exercise of the paramount hunting, fishing, 
and boating rights of the Tribes reserved 
pursuant to the Act of June 29, 1940 (54 
Stat. 703, chapter 460; 16 U.S.C. 835d et 
seq.); and 
(ii) to adequately and equitably pro-
tect, mitigate damages to, and enhance fish 
and wildlife, including related spawning 
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daltland on DSKBBV9HB2PROD with BILLS
grounds and habitat, affected by the devel-
opment, operation, and management of the 
project. 
(B) RECOMMENDATIONS OF THE TRIBES.— 
The conditions required under subparagraph (A) 
shall be based on joint recommendations of the 
Tribes. 
(C) RESOLVING INCONSISTENCIES.— 
(i) IN GENERAL.—If the Secretary de-
termines that any recommendation of the 
Tribes under subparagraph (B) is not rea-
sonably calculated to ensure the project is 
consistent with subparagraph (A) or is in-
consistent with the requirements of the Rec-
lamation Project Act of 1939 (43 U.S.C. 
485 et seq.), the Secretary shall attempt to 
resolve any such inconsistency with the 
Tribes, giving due weight to the rec-
ommendations and expertise of the Tribes. 
(ii) PUBLICATION
OF
FINDINGS.—If, 
after an attempt to resolve an inconsistency 
under clause (i), the Secretary does not 
adopt in whole or in part a recommenda-
tion of the Tribes under subparagraph (B), 
the Secretary shall issue each of the fol-
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daltland on DSKBBV9HB2PROD with BILLS
lowing findings, including a statement of 
the basis for each of the findings: 
(I) A finding that adoption of the 
recommendation is inconsistent with 
the requirements of the Reclamation 
Project Act of 1939 (43 U.S.C. 485 et 
seq.). 
(II) A finding that the conditions 
selected by the Secretary to be con-
tained in the lease of power privilege 
under subparagraph (A) comply with 
the requirements of clauses (i) and (ii) 
of that subparagraph. 
(2) ANNUAL CHARGES PAYABLE BY LICENSEE.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), any lease of power privilege issued by the 
Secretary for a project under subsection (b) 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 eco-
nomic effect of the project identified in a study 
performed pursuant to the study plan agreement 
for the project. 
(B) AGREEMENT.— 
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daltland on DSKBBV9HB2PROD with BILLS
(i) IN GENERAL.—The amount of the 
annual charges described in subparagraph 
(A) shall be established through agreement 
between the proposed lessee and the Tribes. 
(ii) CONDITION.—The agreement under 
clause (i), including any modification of the 
agreement, shall be deemed to be a condition 
to the lease of power privilege issued by the 
Secretary for a project under subsection (b). 
(C) DISPUTE RESOLUTION.— 
(i) IN GENERAL.—If the proposed lessee 
and the Tribes cannot agree to the terms of 
an agreement under subparagraph (B)(i), 
the proposed lessee and the Tribes shall sub-
mit notice of the dispute to the Director. 
(ii) RESOLUTION.—The Director shall 
resolve the dispute described in clause (i) 
not later than 180 days after the date on 
which the Director receives notice of the dis-
pute under that clause. 
(3) ADDITIONAL
CONDITIONS.—The Secretary 
may include in any lease of power privilege issued by 
the Secretary for a project under subsection (b) other 
conditions determined appropriate by the Secretary, 
on the condition that the conditions shall be con-
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daltland on DSKBBV9HB2PROD with BILLS
sistent with the Reclamation Project Act of 1939 (43 
U.S.C. 485 et seq.). 
(4) CONSULTATION.—In establishing conditions 
under this subsection, the Secretary shall consult with 
the Tribes. 
(f) 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— 
(1) at the discretion of the Secretary or the offi-
cer; or 
(2) on a showing of good cause by any party. 
(g) JUDICIAL REVIEW.—Any final action of the Sec-
retary or the Director made pursuant to this section shall 
be subject to judicial review in accordance with chapter 7 
of title 5, United States Code. 
(h) EFFECT ON OTHER PROJECTS.—Nothing in this 
section establishes any precedent or is binding on any Bu-
reau of Reclamation lease of power privilege, other than for 
a project. 
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Calendar No. 663 
115TH CONGRESS 
2D SESSION 
H. R. 1967 
[Report No. 115–377] 
AN ACT 
To amend the Reclamation Project Act of 1939 to 
authorize pumped storage hydropower develop-
ment utilizing multiple Bureau of Reclamation 
reservoirs. 
NOVEMBER 26, 2018 
Reported with an amendment 
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