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Code · BILL · 114th Congress · S. 3013 (Introduced in Senate) — To authorize and implement the water rights compact among the Confederated Salish and Kootenai Tribes of the Flathead... · Sec. 7

Sec. 7. Hydropower

279 words·~1 min read·/bill/114/s/3013/is/section-7

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The Commissioner shall have exclusive jurisdiction to authorize the development of any hydroelectric power generation project within the Reservation. Notwithstanding any other provision of law, the Tribes shall have the exclusive right to develop and market any hydroelectric power generation project on bodies of water within the Reservation. The Commissioner shall cooperate with the Tribes in the development of any hydroelectric power generation project under this section. Before construction of a hydroelectric power generation project under this section, the Tribes shall enter into an agreement with the Commissioner that includes provisions— requiring that— the design, construction, and operation of the hydroelectric power generation project shall be consistent with the Bureau of Reclamation guidelines and methods for hydroelectric power development at Bureau of Reclamation facilities, as appropriate; and the hydroelectric power generation project will not impair the efficiencies of any Bureau of Indian Affairs or Bureau of Reclamation project for authorized purposes; regarding construction and operating criteria and emergency procedures; and under which any modification proposed by the Tribes to a facility owned by the Bureau of Indian Affairs or the Bureau of Reclamation shall be subject to review and approval by the Secretary, acting through the Commissioner, in coordination with the Director of the Bureau of Indian Affairs if applicable.
Any hydroelectric power generated in accordance with this section shall be used or marketed by the Tribes. The Tribes shall collect and retain any revenue from the sale of hydroelectric power generated by a hydroelectric power generation project under this section. The United States shall have no obligation to monitor, administer, or account for— any revenue received by the Tribes under this section; or the expenditure of that revenue.
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