[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3719-S3720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 711. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 108___. PENSACOLA DAM AND RESERVOIR, GRAND RIVER,
OKLAHOMA.
(a) Findings.--Congress finds that--
(1) since the Pensacola Dam and Reservoir began
construction in 1938--
(A) the jurisdiction of the Commission has consistently
been limited to areas within the project boundary; and
(B) the Secretary of the Army has held exclusive
jurisdiction over flood control operations, including areas
inside and outside the project boundary; and
(2) the jurisdictional responsibilities of the Commission
and the Secretary described in paragraph (1) should be
maintained and continued.
(b) Purpose.--The purpose of this section is to clarify
Federal authorities and responsibilities relating to the
Pensacola Dam and Reservoir.
(c) 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 elevation 745 feet (Pensacola Datum).
(3) Flood pool.--The term ``flood pool'' means all land and
water of Grand Lake O' the Cherokees, Oklahoma, subject to
flood control operations of the Secretary pursuant to section
7 of the Act of December 22, 1944 (58 Stat. 890, chapter 665;
33 U.S.C. 709).
(4) Project.--The term ``project'' means the Pensacola
Hydroelectric Project (FERC No. 1494).
(5) Project boundary.--The term ``project boundary'' means
the area--
(A) designated as within the project boundary in the maps
under Exhibit G approved in the Commission Order Issuing New
License, dated April 24, 1992; and
(B) which generally encompasses, to the extent of the
interests of the project licensee--
(i) the Pensacola Dam and powerhouse;
(ii) Grand Lake O' the Cherokees, Oklahoma;
(iii) the shoreline areas of the conservation pool below
approximately elevation 750 feet (Pensacola Datum); and
(iv) facilities appurtenant to hydropower operations and
areas of maintenance under the Commission license.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(d) Conservation Pool Management.--
(1) Federal land.--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) a reservation for purposes of section 4(e) of that Act
(16 U.S.C. 797(e));
(B) 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
(C) land of the United States for purposes of section 24 of
that Act (16 U.S.C. 818).
(2) License conditions.--Notwithstanding any other
provision of law, the Commission shall not include in any
license for the project any condition or other requirement
relating to--
(A) surface elevations of the conservation pool or flood
pool; or
(B) land or water outside the project boundary.
[[Page S3720]]
(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 amendment.--
(i) In general.--The Commission shall amend the project
boundary only as requested by the project licensee.
(ii) Denial of request.--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.).
(e) Flood Pool Management.--
(1) Exclusive jurisdiction.--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.
(2) Property acquisition.--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.
(f) 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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