In the Senate of the United States, 
December 22, 2018. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1967) entitled ‘‘An Act to amend the Reclamation 
Project Act of 1939 to authorize pumped storage hydropower 
development utilizing multiple Bureau of Reclamation res-
ervoirs.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bureau of Reclamation 
Pumped Storage Hydropower Development Act’’. 
SEC. 2. AUTHORITY FOR PUMPED STORAGE HYDROPOWER 
DEVELOPMENT USING MULTIPLE BUREAU OF 
RECLAMATION RESERVOIRS. 
Section 9(c) of the Reclamation Project Act of 1939 
(43 U.S.C. 485h(c)) is amended— 
(1) in paragraph (1), in the fourth sentence, by 
striking ‘‘, including small conduit hydropower devel-
† HR 1967 EAS 
opment’’ and inserting ‘‘and reserve to the Secretary 
the exclusive authority to develop small conduit hy-
dropower using Bureau of Reclamation facilities and 
pumped storage hydropower exclusively using Bureau 
of Reclamation reservoirs’’; and 
(2) in paragraph (8), by striking ‘‘has been filed 
with the Federal Energy Regulatory Commission as 
of August 9, 2013’’ and inserting ‘‘was filed with the 
Federal Energy Regulatory Commission before August 
9, 2013, and is still pending’’. 
SEC. 3. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF 
POWER PRIVILEGE. 
(a) DEFINITIONS.—In this section: 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Hearings and Appeals. 
(3) OFFICE OF HEARINGS AND APPEALS.—The 
term ‘‘Office of Hearings and Appeals’’ means the Of-
fice of Hearings and Appeals of the Department of the 
Interior. 
(4) PARTY.—The term ‘‘party’’, with respect to 
a study plan agreement, means each of the following 
parties to the study plan agreement: 
(A) The proposed lessee.
† HR 1967 EAS 
(B) The Tribes. 
(5) PROJECT.—The term ‘‘project’’ means a pro-
posed pumped storage facility that— 
(A) would use multiple Bureau of Reclama-
tion reservoirs; and 
(B) as of June 1, 2017, was subject to a 
preliminary permit issued by the Commission 
pursuant to section 4(f) of the Federal Power Act 
(16 U.S.C. 797(f)). 
(6) PROPOSED
LESSEE.—The term ‘‘proposed 
lessee’’ means the proposed lessee of a project. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STUDY PLAN.—The term ‘‘study plan’’ means 
the plan described in subsection (d)(1). 
(9) STUDY PLAN AGREEMENT.—The term ‘‘study 
plan agreement’’ means an agreement entered into 
under subsection (b)(1) and described in subsection 
(c). 
(10) TRIBES.—The term ‘‘Tribes’’ means— 
(A) the Confederated Tribes of the Colville 
Reservation; and 
(B) the Spokane Tribe of Indians of the 
Spokane Reservation.
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(b) REQUIREMENT
FOR ISSUANCE
OF LEASES
OF 
POWER PRIVILEGE.—The Secretary shall not issue a lease 
of power privilege pursuant to section 9(c)(1) of the Rec-
lamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as 
amended by section 2) for a project unless— 
(1) the proposed lessee and the Tribes have en-
tered into a study plan agreement; or 
(2) the Secretary or the Director, as applicable, 
makes a final determination for— 
(A) a study plan agreement under sub-
section (c)(2); or 
(B) a study plan under subsection (d). 
(c) STUDY PLAN AGREEMENT REQUIREMENTS.— 
(1) IN
GENERAL.—A study plan agreement 
shall— 
(A) establish the deadlines for the proposed 
lessee to formally respond in writing to com-
ments and study requests about the project pre-
viously submitted to the Commission; 
(B) allow for the parties to submit addi-
tional comments and study requests if any as-
pect of the project, as proposed, differs from an 
aspect of the project, as described in a 
preapplication document provided to the Com-
mission;
† HR 1967 EAS 
(C) except as expressly agreed to by the par-
ties or as provided in paragraph (2) or sub-
section (d), require that the proposed lessee con-
duct each study described in— 
(i) a study request about the project 
previously submitted to the Commission; or 
(ii) any additional study request sub-
mitted in accordance with the study plan 
agreement; 
(D) require that the proposed lessee study 
any potential adverse economic effects of the 
project on the Tribes, including effects on— 
(i) annual payments to the Confed-
erated Tribes of the Colville Reservation 
under section 5(b) of the Confederated 
Tribes of the Colville Reservation Grand 
Coulee Dam Settlement Act (Public Law 
103–436; 108 Stat. 4579); and 
(ii) annual payments to the Spokane 
Tribe of Indians of the Spokane Reservation 
authorized after the date of enactment of 
this Act, the amount of which derives from 
the annual payments described in clause (i); 
(E) establish a protocol for communication 
and consultation between the parties;
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(F) provide mechanisms for resolving dis-
putes between the parties regarding implementa-
tion and enforcement of the study plan agree-
ment; and 
(G) contain other provisions determined to 
be appropriate by the parties. 
(2) DISPUTES.— 
(A) IN
GENERAL.—If the parties cannot 
agree to the terms of a study plan agreement or 
implementation of those terms, the parties shall 
submit to the Director, for final determination 
on the terms or implementation of the study 
plan agreement, notice of the dispute, consistent 
with paragraph (1)(F), to the extent the parties 
have agreed to a study plan agreement. 
(B) INCLUSION.—A dispute covered by sub-
paragraph (A) may include the view of a pro-
posed lessee that an additional study request sub-
mitted in accordance with paragraph (1)(B) is 
not reasonably calculated to assist the Secretary 
in evaluating the potential impacts of the 
project. 
(C) TIMING.—The Director shall issue a de-
termination regarding a dispute under subpara-
graph (A) not later than 120 days after the date
† HR 1967 EAS 
on which the Director receives notice of the dis-
pute under that subparagraph. 
(d) STUDY PLAN.— 
(1) IN GENERAL.—The proposed lessee shall sub-
mit to the Secretary for approval a study plan that 
details the proposed methodology for performing each 
of the studies— 
(A) identified in the study plan agreement 
of the proposed lessee; or 
(B) determined by the Director in a final 
determination regarding a dispute under sub-
section (c)(2). 
(2) INITIAL DETERMINATION.—Not later than 60 
days after the date on which the Secretary receives the 
study plan under paragraph (1), the Secretary shall 
make an initial determination that— 
(A) approves the study plan; 
(B) rejects the study plan on the grounds 
that the study plan— 
(i) lacks sufficient detail on a proposed 
methodology for a study identified in the 
study plan agreement; or 
(ii) is inconsistent with the study plan 
agreement; or
† HR 1967 EAS 
(C) imposes additional study plan require-
ments that the Secretary determines are nec-
essary to adequately define the potential effects of 
the project on— 
(i) the exercise of the paramount hunt-
ing, fishing, and boating rights of the Tribes 
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.
† HR 1967 EAS 
(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 
(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
† HR 1967 EAS 
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 
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.
† HR 1967 EAS 
(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-
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
† HR 1967 EAS 
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.— 
(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
† HR 1967 EAS 
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-
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-
† HR 1967 EAS 
reau of Reclamation lease of power privilege, other than for 
a project. 
Attest: 
Secretary.