II 
Calendar No. 663 
115TH CONGRESS 
2D SESSION 
H. R. 1967 
[Report No. 115–377] 
IN THE SENATE OF THE UNITED STATES 
JUNE 28, 2017 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
NOVEMBER 26, 2018 
Reported by Ms. MURKOWSKI, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To amend the Reclamation Project Act of 1939 to authorize 
pumped storage hydropower development utilizing mul-
tiple Bureau of Reclamation reservoirs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bureau of Reclamation 
Pumped Storage Hydropower Development Act’’. 
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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. 
(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 
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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. 
(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 
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(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; 
(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 
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(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; 
(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. 
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(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 
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 
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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 
(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 
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