Agenda - Public Works Committee - 10/20/2020

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S. 3021-102 "(b) DAM SAFETY. —Before issuing any license for a closed - loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). "(C) EXCEPTIONS FROM OTHER REQUIREMENTS.— "(1) IN GENERAL. —In issuing or amending a license for a closed -loop pumped storage project pursuant to the expedited process established under this section, the Commission may grant an exception from any other requirement of this part with respect to any part of the closed -loop pumped storage project (not including any dam or other impoundment). "(2) CONSULTATION. —In granting an exception under para- graph (1), the Commission shall consult with the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency exercising administration over the fish and wildlife resources of the State in which the closed - loop pumped storage project is or will be located, in the manner provided by the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). "(3) TERMS AND CONDITIONS. —In granting an exception under paragraph (1), the Commission shall include in any such exception — "(A) such terms and conditions as the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency described in paragraph (2) each determine are appropriate to prevent loss of, or dam- age to, fish and wildlife resources and to otherwise carry out the purposes of the Fish and Wildlife Coordination Act; and "(B) such terms and conditions as the Commission deems appropriate to ensure that such closed -loop pumped storage project continues to comply with the provisions of this section and terms and conditions included in any such exception. "(4) FEES. —The Commission, in addition to the require- ments of section 10(e), shall establish fees which shall be paid by an applicant for a license for a closed -loop pumped storage project that is required to meet terms and conditions set by fish and wildlife agencies under paragraph (3). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in paragraph (3) for any reasonable costs incurred in connec- tion with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended. "(d) TRANSFERS. —Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed -loop pumped storage project claimed municipal preference under section 7(al nhtaininor this narmit nn rannact by a mnnirinality