I 
117TH CONGRESS 
1ST SESSION H. R. 2641 
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 
A BILL 
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 ‘‘Pacific Northwest 
Pumped Storage Hydropower Development Act of 2021’’. 
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— 
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(1) in paragraph (1), in the fourth sentence, by 
striking ‘‘, including small conduit hydropower devel-
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 Bu-
reau of Reclamation reservoirs’’; and 
(2) in paragraph (8), by striking ‘‘has been 
filed with the Federal Energy Regulatory Commis-
sion as of the date of the enactment of the Bureau 
of Reclamation Small Conduit Hydropower Develop-
ment and Rural Jobs Act’’ and inserting ‘‘was filed 
with the Federal Energy Regulatory Commission be-
fore 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 
Office of Hearings and Appeals of the Department 
of the Interior. 
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(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 
proposed pumped storage facility that— 
(A) would use multiple Bureau of Rec-
lamation 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 en-
tered into under subsection (b)(1) and described in 
subsection (c). 
(10) TRIBES.—The term ‘‘Tribes’’ means— 
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(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 
(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 pro-
posed lessee to formally respond in writing to 
comments and study requests about the project 
previously submitted to the Commission; 
(B) allow for the parties to submit addi-
tional comments and study requests if any as-
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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 
parties or as provided in paragraph (2) or sub-
section (d), require that the proposed lessee 
conduct 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 Reserva-
tion authorized after the date of enactment 
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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 implemen-
tation 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 deter-
mination 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 agree-
ment. 
(B) INCLUSION.—A dispute covered by 
subparagraph (A) may include the view of a 
proposed lessee that an additional study request 
submitted in accordance with paragraph (1)(B) 
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is not reasonably calculated to assist the Sec-
retary in evaluating the potential impacts of the 
project. 
(C) TIMING.—The Director shall issue a 
determination regarding a dispute under sub-
paragraph (A) not later than 120 days after the 
date on which the Director receives notice of 
the dispute under that subparagraph. 
(d) STUDY PLAN.— 
(1) IN
GENERAL.—The proposed lessee shall 
submit to the Secretary for approval a study plan 
that details the proposed methodology for per-
forming 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 re-
ceives the study plan under paragraph (1), the Sec-
retary shall make an initial determination that— 
(A) approves the study plan; 
(B) rejects the study plan on the grounds 
that the study plan— 
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(i) lacks sufficient detail on a pro-
posed 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 
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.); 
(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.— 
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(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-
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.— 
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(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 
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 
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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 
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 
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