Sec. 6021. Pensacola dam and reservoir, Grand River, Oklahoma

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The purpose of this section is to clarify Federal authorities and responsibilities relating to the Pensacola Dam and Reservoir. In this section: The term Commission means the Federal Energy Regulatory Commission. The term conservation pool means all land and water of Grand Lake O’ the Cherokees, Oklahoma, below elevation 745 feet (Pensacola Datum). The term flood pool means all land and water of Grand Lake O’ the Cherokees, Oklahoma, between elevation 745 feet and elevation 755 feet (Pensacola Datum).

The term project means the Pensacola Hydroelectric Project (FERC No. 1494). The term Secretary means the Secretary of the Army. Notwithstanding section 3(2) of the Federal Power Act ( 16 U.S.C. 796(2) ), Federal land within the project boundary, including any right, title, or interest in or to land held by the United States for any purpose, shall not be considered to be— a reservation for purposes of section 4(e) of that Act ( 16 U.S.C. 797(e) ); land or other property of the United States for purposes of recompensing the United States for the use, occupancy, or enjoyment of the land under section 10(e)(1) of that Act ( 16 U.S.C. 803(e)(1) ); or land of the United States for purposes of section 24 of that Act ( 16 U.S.C. 818 ).

Notwithstanding any other provision of law, the Commission shall not include in any license for the project any condition or other requirement relating to— surface elevations of the conservation pool; or the flood pool (except to the extent it references flood control requirements prescribed by the Secretary); or land or water above an elevation of 750 feet (Pensacola Datum) Notwithstanding subparagraph (A)(i), the Commission shall, in consultation with the licensee, prescribe flexible target surface elevations of the conservation pool to the extent necessary for the protection of life, health, property, or the environment.

The licensing jurisdiction of the Commission for the project shall not extend to any land or water outside the project boundary. Any land, water, or physical infrastructure or other improvement outside the project boundary shall not be considered to be part of the project. The Commission shall amend the project boundary only on request of the project licensee. The Commission may deny a request to amend a project boundary under clause

(i)if the Commission determines that the request is inconsistent with the requirements of part I of the Federal Power Act ( 16 U.S.C. 792 et seq.). Notwithstanding any other provision of law, the Secretary shall have exclusive jurisdiction and responsibility for management of the flood pool for flood control operations at Grand Lake O’ the Cherokees. If a feasibility study or other investigation determines that flood control operations at or associated with Pensacola Dam, including any backwater effect, may result in the inundation of, or damage to, land outside the project boundary to which the United States does not hold flowage rights or holds insufficient flowage rights, the project licensee shall not have any obligation to obtain or enhance those flowage rights. Nothing in this section affects, with respect to the project— any authority or obligation of the Secretary or the Chief of Engineers pursuant to section 2 of the Act of June 28, 1938 (commonly known as the Flood Control Act of 1938 ) ( 33 U.S.C. 701c–1 ); any authority of the Secretary or the Chief of Engineers pursuant to section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 709 ); any obligation of the United States to obtain flowage or other property rights pursuant to the Act of July 31, 1946 (60 Stat. 743, chapter 710); any obligation of the United States to acquire flowage or other property rights for additional reservoir storage pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating to the Grand River Dam Project); any authority of the Secretary to acquire real property interest pursuant to section 560 of the Water Resources Development Act of 1996 ( Public Law 104–303 ; 110 Stat. 3783); any obligation of the Secretary to conduct and pay the cost of a feasibility study pursuant to section 449 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 114 Stat. 2641); the National Flood Insurance Program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq.), including any policy issued under that Act; or any disaster assistance made available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) or other Federal disaster assistance program.

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