Sec. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA

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## SEC. 7612 PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA ###

(a)Definitions In this section: ####

(1)Commission The term “Commission” means the Federal Energy Regulatory Commission. ####

(2)Conservation pool The term “conservation pool” means all land and water of Grand Lake O’ the Cherokees, Oklahoma, below the flood pool. ####

(3)Flood pool The term “flood pool” means all land and water of Grand Lake O’ the Cherokees, Oklahoma, allocated for flood control or navigation by the Secretary pursuant to section 7 of the Flood Control Act of 1944 (33 U.S.C. 709). ####

(4)Project The term “project” means the Pensacola Hydroelectric Project (FERC No. 1494). ####

(5)Secretary The term “Secretary” means the Secretary of the Army. ###

(b)Conservation Pool Management ####

(1)Federal land Notwithstanding section 3(2) of the Federal Power Act (16 U.S.C. 796(2)), any 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— #####

(A)be subject to the first proviso in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)); or #####

(B)be considered to be— ######

(i)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 ######

(ii)land of the United States for purposes of section 24 of that Act (16 U.S.C. 818). ####

(2)License conditions #####

(A)In general Except as may be required by the Secretary to carry out responsibilities under section 7 of the Flood Control Act of 1944 (33 U.S.C. 709), the Commission or any other Federal or State agency shall not include in any license for the project any condition or other requirement relating to— ######

(i)surface elevations of the conservation pool; or ######

(ii)the flood pool (except to the extent it references flood control requirements prescribed by the Secretary). #####

(B)Exception Notwithstanding subparagraph (A), the project shall remain subject to the Commission’s rules and regulations for project safety and protection of human health. ####

(3)Project scope #####

(A)Licensing jurisdiction The licensing jurisdiction of the Commission for the project shall not extend to any land or water outside the project boundary. #####

(B)Outside infrastructure Any land, water, or physical infrastructure or other improvement outside the project boundary shall not be considered to be part of the project. #####

(C)Boundary jurisdiction amendments The Commission may, consistent with the requirements of the Federal Power Act, amend the project boundary, only with the expressed written agreement of the project licensee. If the licensee does not agree to a project boundary change proposed by the Commission, the purposes and requirements of part I of the Federal Power Act (16 U.S.C. 791a et seq.) shall be deemed to be satisfied without the Commission’s proposed boundary or jurisdiction change. ###

(c)Exclusive Jurisdiction of Flood Pool Management The Secretary shall have exclusive jurisdiction and responsibility for management of the flood pool for flood control operations at Grand Lake O’ the Cherokees. ###

(d)Study of Upstream Infrastructure Not later than 90 days after the date of the enactment of this Act, the Secretary shall initiate a study of infrastructure and lands upstream from the project to evaluate resiliency to flooding. Not later than one year after initiating the study, the Secretary shall issue a report advising local communities and State departments of transportation of any identified deficiencies and potential mitigation options. ###

(e)Savings Provision Nothing in this section affects, with respect to the project— ####

(1)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); ####

(2)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); ####

(3)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); ####

(4)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); ####

(5)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); ####

(6)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); ####

(7)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 ####

(8)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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