(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 Di-
rector 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-
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scription of studies the proposed lessee is 
required 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 paragraph (2) shall be final. 
(e) CONDITIONS OF LEASE.— 
(1) CONSISTENCY
WITH
RIGHTS
OF
TRIBES; 
PROTECTION, 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 spawn-
ing grounds and habitat, affected by the 
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development, operation, and management 
of the project. 
(B) 
RECOMMENDATIONS
OF
THE 
TRIBES.—The conditions required under sub-
paragraph (A) shall be based on joint rec-
ommendations 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 
Reclamation Project Act of 1939 (43 
U.S.C. 485 et seq.), the Secretary shall at-
tempt to resolve any such inconsistency 
with the Tribes, giving due weight to the 
recommendations and expertise of the 
Tribes. 
(ii) PUBLICATION OF FINDINGS.—If, 
after an attempt to resolve an inconsist-
ency under clause (i), the Secretary does 
not adopt in whole or in part a rec-
ommendation of the Tribes under subpara-
graph (B), the Secretary shall issue each 
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of the following findings, including a state-
ment 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
LI-
CENSEE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), any lease of power privilege issued 
by the Secretary for a project under subsection 
(b) shall contain conditions that require the les-
see 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 iden-
tified in a study performed pursuant to the 
study plan agreement for the project. 
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(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 modifica-
tion of the agreement, shall be deemed to 
be a condition to the lease of power privi-
lege issued by the Secretary for a project 
under subsection (b). 
(C) DISPUTE RESOLUTION.— 
(i) IN GENERAL.—If the proposed les-
see and the Tribes cannot agree to the 
terms of an agreement under subpara-
graph (B)(i), the proposed lessee and the 
Tribes shall submit 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 
dispute under that clause. 
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(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 Sec-
retary, on the condition that the conditions shall be 
consistent 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 of-
ficer; 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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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 
authorize pumped storage hydropower develop-
ment utilizing multiple Bureau of Reclamation 
reservoirs. 
DECEMBER 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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