; or (iii) land or water above an elevation of 750 feet (Pensacola Datum) (B) Exception 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. (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 on request of 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.). (d) 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. (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