I 

108TH CONGRESS 

1ST SESSION H. R. 1760

To establish water conservation and habitat restoration programs in the 

Klamath River basin and to provide emergency disaster assistance to 

fishermen, Indian tribes, small businesses, and others that suffer economic harm from the devastating effects of the Klamath River basin 

fish kill of 2002. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. THOMPSON of California (for himself, Mr. GEORGE MILLER of California, 

Mr. MATSUI, Mr. FARR, Mr. BLUMENAUER, Ms. SOLIS, Mrs. 

NAPOLITANO, Mr. BERMAN, Mr. HONDA, Ms. LEE, Ms. HARMAN, Mr. 

SCHIFF, Ms. WATSON, Ms. LOFGREN, Mr. LANTOS, Mrs. CAPPS, Ms. 

ESHOO, Mr. WAXMAN, Ms. WOOLSEY, Mr. SHERMAN, Mrs. DAVIS of 

California, and Mr. BACA) introduced the following bill; which was referred to the Committee on Resources 

A BILL

To establish water conservation and habitat restoration programs in the Klamath River basin and to provide emergency disaster assistance to fishermen, Indian tribes, 

small businesses, and others that suffer economic harm 

from the devastating effects of the Klamath River basin 

fish kill of 2002.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Klamath River Basin 

3 Restoration and Emergency Assistance Act of 2003’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) KLAMATH BASIN.—The term ‘‘Klamath 

7 Basin’’ means the watershed areas in Oregon and 

8 California that drain into the Klamath River Sys9 tem. 

10 (2) KLAMATH BASIN NATIONAL WILDLIFE REF11 UGES.—The term ‘‘Klamath Basin National Wildlife 

12 Refuges’’ means the following: 

13 (A) The Lower Klamath National Wildlife 

14 Refuge. 

15 (B) The Tule Lake National Wildlife Ref16 uge. 

17 (C) The Clear Lake National Wildlife Ref18 uge. 

19 (D) The Upper Klamath National Wildlife 

20 Refuge. 

21 (E) The Bear Valley National Wildlife Ref22 uge. 

23 (F) The Klamath Marsh National Wildlife 

24 Refuge. 

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1 (3) PROGRAM.—The term ‘‘Program’’ means 

2 the Klamath River Basin Conservation Area Res3 toration Program established under section 3. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior, unless otherwise speci6 fied. 

7 (5) TASK FORCE.—The term ‘‘Task Force’’ 

8 means the Klamath Basin Restoration Task Force 

9 established by section 6. 

10 (6) TRIBES.—The term ‘‘Tribes’’ means—

11 (A) the Klamath Tribes; 

12 (B) the Hoopa Valley Tribe; 

13 (C) the Karuk Tribe; and 

14 (D) the Yurok Tribe. 

15 (7) WATER CONSERVATION.—The term ‘‘water 

16 conservation’’—

17 (A) subject to subparagraph (B), means 

18 actions taken to improve the efficiency of stor19 age, conveyance, distribution, or use of water, 

20 including such actions taken specifically for 

21 protection and restoration of fish and wildlife 

22 species in the Klamath Basin; and 

23 (B) does not include the construction of 

24 any dam, reservoir, or well. 

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1 SEC. 3. KLAMATH WATER QUALITY AND CONSERVATION 

2 PROGRAM. 

3 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

4 of the Interior, acting through the Commissioner of the 

5 Bureau of Reclamation and the Director of the United 

6 States Fish and Wildlife Service, shall, immediately upon 

7 the enactment of this Act, establish a program for pro8 viding financial and technical assistance for water con9 servation in the Klamath Basin. The program shall be 

10 known as the ‘‘Klamath River Basin Conservation Area 

11 Restoration Program’’. 

12 (b) ASSISTANCE.—The Secretary, under the Pro13 gram, may provide loans, grants, and technical assistance 

14 to qualified applicants for preparation and implementation 

15 of plans for and short- and long-term eligible water con16 servation projects and measures in the Klamath Basin. 

17 (c) QUALIFIED APPLICANT.—

18 (1) IN GENERAL.—For purposes of subsection 

19 (b), a qualified applicant is any irrigation district, 

20 Indian tribe, nonprofit nongovernmental organiza21 tion, or individual landowner that meets qualification 

22 requirements established by the Secretary under 

23 paragraph (2). 

24 (2) QUALIFICATION REQUIREMENTS.—The Sec25 retary shall issue regulations establishing qualifica26 tion requirements for purposes of paragraph (1) by 

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1 not later than 1 year after the date of the enactment 

2 of this Act. 

3 (d) ELIGIBLE WATER CONSERVATION PROJECTS

4 AND MEASURES.—For purposes of subsection (b), eligible 

5 water conservation projects and measures include the fol6 lowing: 

7 (1) Incentives for growing crops that require 

8 less water than crops grown on the date of the en9 actment of this Act, in—

10 (A) the Upper Klamath Basin above Iron 

11 Gate Dam; or 

12 (B) the Scott and Shasta River Valleys 

13 and other Lower Klamath Basin areas.

14 (2) Purchase, from a willing seller, of land, 

15 water rights associated with land, and other prop16 erty interests in the Upper Klamath Basin above 

17 Iron Gate Dam and within the Scott and Shasta 

18 River Valleys and other Lower Klamath Basin areas, 

19 including acquisition of nonirrigation conservation 

20 easements that preclude the grantor of such an ease21 ment from irrigating lands that are subject to such 

22 an easement. 

23 (3) Short- or long-term contracts for the lease, 

24 from a willing seller or lessor of land, of water rights

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1 associated with land and other property interests in 

2 the Klamath Basin. 

3 (4) Tail-water recovery programs, and lining or 

4 piping (or both) of earthen irrigation channels. 

5 (5) Groundwater recharge and management 

6 systems. 

7 (6) Restoration of in-stream habitat conditions, 

8 consistent with generally accepted stream improve9 ment practices, in accordance with the California 

10 Department of Fish and Game stream improvement 

11 manual (for projects and measures in California) or 

12 the Oregon Watershed Enhancement Board stream 

13 restoration guidelines (for projects and measures in 

14 Oregon), as applicable. 

15 (7) Field leveling, monitoring of soil moisture 

16 conditions, and irrigation scheduling. 

17 (8) Restoration of riparian habitat for the pur18 poses of improving water quality and conservation. 

19 (9) Updating and installation of water moni20 toring and metering facilities. 

21 (e) WATER CONSERVATION FOR FISH HABITAT RES22 TORATION.—The Secretary shall require that any water 

23 conservation project or measure for fish habitat restora24 tion purposes that is carried out with assistance under this 

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1 section shall be carried out in accordance with all applica2 ble State and Federal laws. 

3 (f) PROHIBITION OF USE OF FUNDS.—None of the 

4 funds made available under this Act may be used to plan, 

5 design, or construct new facilities that may be used to 

6 store, divert, distribute, or otherwise supply water from 

7 any source for the purpose of bringing newly irrigated 

8 lands into agricultural production. 

9 (g) COST SHARING.—

10 (1) IN GENERAL.—The Federal share of the 

11 cost of any activity carried out with a loan or grant 

12 under this section shall not exceed 75 percent. 

13 (2) IN-KIND CONTRIBUTIONS.—(A) The Sec14 retary shall apply to the non-Federal share of the 

15 cost of any activity carried out with a loan or grant 

16 under this section (in addition to cash outlays), the 

17 value of in-kind contributions to the activity of real 

18 and personal property and voluntary personal serv19 ices provided from non-Federal sources. 

20 (B) Any valuation of property or services by the 

21 Secretary for purposes of this paragraph is final and 

22 not subject to judicial review. 

23 (C) The Secretary shall by regulation estab24 lish—

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1 (i) the training, experience, and other 

2 qualifications that volunteers must have in 

3 order for their services to be considered as in4 kind contributions under this paragraph; and 

5 (ii) the standards under which the Sec6 retary will determine the value of in-kind con7 tributions for purposes of this paragraph. 

8 (3) LIMITATION.—The Secretary may not con9 sider the expenditure, either directly or indirectly, 

10 with respect to the Program of Federal moneys re11 ceived by a State or local government to be a finan12 cial contribution by a non-Federal source for pur13 poses of this subsection. 

14 (h) OPERATION AND MAINTENANCE EXPENSES.—No 

15 Federal funds may be expended for operation or mainte16 nance of any facility constructed under this Act. 

17 (i) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary to carry out this sec20 tion $200,000,000 for fiscal years 2004 through 

21 2016, of which no more than $5,000,000 shall be 

22 used for short-term and long-term water leasing pro23 grams in the Klamath Basin for eligible water con24 servation projects and measures described in sub25 section (d)(4). 

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1 (2) AVAILABILITY.—Amounts appropriated 

2 under this subsection may remain available until ex3 pended. 

4 SEC. 4. EMERGENCY DISASTER ASSISTANCE.

5 (a) IN GENERAL.—The Secretary of the Interior, 

6 subject to the availability of appropriations, shall provide 

7 emergency financial assistance to persons in northern 

8 California and Oregon coastal communities that were ad9 versely affected by the Klamath Basin salmon kill disaster 

10 of 2002, including Indian tribes, participants in the rec11 reational and commercial fishing industries, owners and 

12 operators of fish processing facilities, and other businesses 

13 that were so affected.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary of the 

16 Interior $20,000,000 to provide assistance under this sec17 tion. 

18 SEC. 5. FLOW RATES. 

19 The Secretary of the Interior shall release the funds 

20 necessary to complete in final form the document entitled 

21 ‘‘Evaluation of Interim Instream Flow Needs in the Klam22 ath River, Phase II, Final Report’’, prepared for the De23 partment of the Interior by Dr. Thomas B. Hardy and 

24 Mr. R. Craig Addley (also known as the ‘‘Final Hardy 

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1 Phase II Report’’) by no later than one month after the 

2 date of the enactment of this Act.

3 SEC. 6. KLAMATH BASIN RESTORATION TASK FORCE. 

4 (a) ESTABLISHMENT.—There is established a Klam5 ath Basin Restoration Task Force. 

6 (b) FUNCTIONS.—The Task Force shall—

7 (1) advise the Secretary in the formulation, co8 ordination, and implementation of the Program; 

9 (2) develop and propose water conservation 

10 projects and measures for receipt of assistance 

11 under the Program, and make recommendations on 

12 eligible water conservation projects and measures to 

13 be provided assistance under the Program; 

14 (3) assist, and coordinate its activities with, 

15 Federal, State, and local governmental or private 

16 anadromous and resident native fish restoration 

17 projects within the Klamath Basin;

18 (4) conduct any other activity that is necessary 

19 to accomplish the objectives of the Program; and 

20 (5) act as an advisor to the Klamath Fisheries 

21 Management Council. 

22 (c) MEMBERSHIP AND APPOINTMENT.—The Task 

23 Force shall consist of 32 members, as follows: 

24 (1) Nine members appointed by the Governor of 

25 California, as follows:

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1 (A) A representative of the California com2 mercial salmon fishing industry. 

3 (B) A representative of the California in4 river sport fishing or in-stream recreational in5 dustry. 

6 (C) A representative of the California De7 partment of Fish and Game. 

8 (D) A representative of the California De9 partment of Water Resources. 

10 (E) A representative of private land own11 ers in the Lower Klamath River basin farming 

12 and ranching community, who reside in the 

13 State of California and who are not dependent 

14 on the Federal Klamath Irrigation Project for 

15 water supplies. 

16 (F) A representative of private land owners 

17 in the farming and ranching community who re18 side in the State of California and who are de19 pendent on the Federal Klamath Irrigation 

20 Project for water supplies. 

21 (G) Two representatives of California22 based environmental organizations, or of na23 tional organizations having an office in Cali24 fornia, with interests in ecosystem restoration, 

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1 anadromous fisheries and wildlife refuges in the 

2 Klamath Basin. 

3 (H) A citizen of California who resides in 

4 the Lower Klamath Basin to represent the gen5 eral business community and who is drawn 

6 from the California business community of the 

7 Lower Klamath Basin. 

8 (2) Nine members appointed by the Governor of 

9 Oregon, as follows: 

10 (A) A representative of the Oregon com11 mercial salmon fishing industry. 

12 (B) A representative of the Oregon in-river 

13 sport fishing or in-stream recreational industry. 

14 (C) A representative of the Oregon Depart15 ment of Fish and Wildlife. 

16 (D) A representative of the Oregon Water 

17 Resources Department. 

18 (E) A representative of private land own19 ers in the Upper Klamath Basin farming and 

20 ranching community, who reside in the State of 

21 Oregon and who are not dependent on the Fed22 eral Klamath Irrigation Project for water sup23 plies. 

24 (F) A representative of private land owners 

25 in the farming and ranching community who reVerDate Jan 31 2003 13:51 Apr 14, 2003 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1760.IH H1760
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1 side in the State of Oregon and who are de2 pendent on the Federal Klamath Irrigation 

3 Project for water supplies. 

4 (G) Two representatives of Oregon-based 

5 environmental organizations, or of national or6 ganizations having an office in Oregon, with in7 terests in ecosystem restoration, anadromous 

8 fisheries and wildlife refuges in the Klamath 

9 Basin. 

10 (H) A citizen of Oregon who resides in the 

11 Upper Klamath Basin to represent the general 

12 business community and who is drawn from the 

13 Oregon business community of the Upper 

14 Klamath Basin. 

15 (3) A representative of the Department of the 

16 Interior, who shall be appointed by the Secretary. 

17 (4) A representative of the National Marine 

18 Fisheries Service and the Department of Commerce, 

19 who shall be appointed by the Secretary of Com20 merce. 

21 (5) A representative of the Department of Agri22 culture who shall be appointed by the Secretary of 

23 Agriculture. 

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1 (6) A representative of the Environmental Pro2 tection Agency, who shall be appointed by the Ad3 ministrator of that agency. 

4 (7) One individual who shall be appointed by 

5 the County Commissioners of Klamath County, Or6 egon. 

7 (8) One individual who shall be appointed by 

8 the Board of Supervisors of Del Norte County, Cali9 fornia. 

10 (9) One individual who shall be appointed by 

11 the Board of Supervisors of Siskiyou County, Cali12 fornia. 

13 (10) One individual who shall be appointed by 

14 the Board of Supervisors of Humboldt County, Cali15 fornia. 

16 (11) One individual who shall be appointed by 

17 the Board of Supervisors of Modoc County, Cali18 fornia. 

19 (12) One individual who shall be appointed by 

20 the Board of Supervisors of Trinity County, Cali21 fornia. 

22 (13) A representative of the Karuk Tribe, who 

23 shall be appointed by the governing body of the 

24 Tribe. 

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1 (14) A representative of the Klamath Tribes, 

2 who shall be appointed by the governing body of the 

3 Klamath Tribes. 

4 (15) A representative of the Yurok Tribe, who 

5 shall be appointed by the governing body of the 

6 Tribe. 

7 (16) A representative of the Hoopa Valley 

8 Tribe, who shall be appointed by the governing body 

9 of the Hoopa Valley Tribe. 

10 (d) TERMS.—

11 (1) IN GENERAL.—The term of a member of 

12 the Task Force is 4 years, except that an individual 

13 may continue to serve as a member after expiration 

14 of the individual’s term until a successor has taken 

15 office. 

16 (2) SERVICE.—A member of the Task Force 

17 shall serve at the pleasure of the person having au18 thority to appoint the member.

19 (3) VACANCIES.—(A) Any vacancy on the Task 

20 Force shall be filled in the manner in which the 

21 original appointment was made. 

22 (B) Any member appointed to fill a vacancy oc23 curring before the expiration of the term for which 

24 the member’s predecessor was appointed shall be ap25 pointed only for the remainder of such term.

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1 (e) TRANSACTION OF BUSINESS.—

2 (1) PROCEDURES.—The Task Force shall es3 tablish practices and procedures for the carrying out 

4 of its functions under subsection (b). The procedures 

5 shall include the requirement that a quorum of the 

6 Task Force must be present before business may be 

7 transacted. The Task Force shall make decisions by 

8 the unanimous consent of the members voting (with9 out regard to any abstentions). 

10 (2) CHAIRMAN.—The members of the Task 

11 Force shall select a Chairman from among its mem12 bers. The term of membership as Chairman shall be 

13 one year. The chairmanship shall rotate annually be14 tween appointees from California and appointees 

15 from Oregon. Any member who is an employee of a 

16 Federal agency shall be considered, for purposes of 

17 this paragraph, to be an appointee from both States, 

18 and may serve as Chairman without regard to the 

19 member’s State of residence. 

20 (3) MEETINGS.—The Task Force shall meet at 

21 the call of the Chairman or upon the request of a 

22 majority of its members, but not less than 3 times 

23 each year. At least one meeting each calendar year 

24 shall be held in or near Klamath Falls, Oregon, at 

25 least one meeting each calendar year shall be held 

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1 in or near Yreka, California, and at least one meet2 ing each calendar year shall be held in or near Eure3 ka, California. 

4 (f) STAFF AND ADMINISTRATION.—

5 (1) ADMINISTRATIVE SUPPORT.—The Sec6 retary, through the United States Fish and Wildlife 

7 Service and other relevant agencies, shall provide the 

8 Task Force with the administrative and technical 

9 support services necessary for the effective func10 tioning of the Task Force. 

11 (2) INFORMATION.—The Secretary shall furnish 

12 the members of the Task Force with relevant infor13 mation concerning the Klamath Basin. 

14 (3) ORGANIZATION.—The Task Force shall de15 termine its organization, and prescribe the practices 

16 and procedures for carrying out its functions under 

17 subsection (b). 

18 (4) SCIENCE ADVISORY TEAM.—(A) The Task 

19 Force shall establish a Science Advisory Team to ad20 vise it on technical issues referred to it and to review 

21 and advise the Task Force on the scientific merits 

22 of proposed projects and measures. 

23 (B) The Task Force shall—

24 (i) provide staff support for the Science 

25 Advisory Team; and 

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1 (ii) reimburse travel expenses of members 

2 of the Science Advisory Team in the same man3 ner such reimbursement is provided to Task 

4 Force members. 

5 (g) MEMBERS WHO ARE FEDERAL OR STATE EM6 PLOYEES.—Any Task Force member who is an officer or 

7 employee of the United States, the State of California, or 

8 the State of Oregon at the time of appointment to the 

9 Task Force, and who serves on the Task Force as a rep10 resentative of a State or Federal agency, shall cease to 

11 be a member of the Task Force within 14 days after the 

12 date on which the member ceases to be employed by such 

13 agency. 

14 (h) EXPENSES.—

15 (1) TRAVEL EXPENSES.—(A) Except as pro16 vided in subparagraph (B), while away from their 

17 homes or regular places of business in the perform18 ance of services for the Task Force, Task Force 

19 members shall be allowed travel expenses, including 

20 a per diem allowance in lieu of subsistence, in the 

21 same manner as persons employed intermittently in 

22 the Government service are allowed travel expenses 

23 under section 5703 of title 5, United States Code. 

24 (B) Any Task Force member who is an em25 ployee of any agency or governmental unit and is eliVerDate Jan 31 2003 13:51 Apr 14, 2003 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1760.IH H1760
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1 gible for travel expenses from that agency or unit 

2 for performing services for the Task Force is not eli3 gible for travel expenses under this paragraph. 

4 (2) LIMITATION ON SPENDING AUTHORITY.—

5 Amounts appropriated under section 6 of the Klam6 ath River Basin Fishery Resources Restoration Act 

7 (16 U.S.C. 460ss–5) may not be used to reimburse 

8 any agency or governmental unit that has a rep9 resentative as a member of the Task Force with re10 spect to the performance of such member’s duties on 

11 the Task Force. 

12 (i) MEMORANDUM OF AGREEMENT REGARDING EN13 FORCEMENT.—In order to strengthen and facilitate the 

14 enforcement of Klamath Basin fishery harvesting and 

15 wildlife hunting regulations, the Secretary shall enter into 

16 a memorandum of agreement with the California Depart17 ment of Fish and Game and the Oregon Department of 

18 Fish and Wildlife that—

19 (1) specifies the enforcement activities within 

20 the Klamath Basin for which the Department of In21 terior and the California Department of Fish and 

22 Game and Oregon Department of Fish and Wildlife 

23 are responsible; and 

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1 (2) contains such provisions as are necessary to 

2 ensure coordinated implementation of Federal and 

3 State enforcement activities. 

4 (j) TERMINATION OF EXISTING ENTITIES.—

5 (1) TERMINATION.—The Upper Klamath Basin 

6 Working Group referred to in section 1024 of the 

7 Omnibus Parks and Public Lands Act of 1996 (Pub8 lic Law 104–333; 110 Stat. 4224) and the Klamath 

9 Basin Fisheries Restoration Task Force established 

10 by section 4 of the Klamath River Basin Fishery Re11 sources Restoration Act (16 U.S.C. 460ss–3) are 

12 terminated. 

13 (2) CONFORMING AMENDMENTS AND RE14 PEALS—(A) Section 1024 of the Omnibus Parks and 

15 Public Lands Act of 1996 (Public Law 104–333; 

16 110 Stat. 4224) is repealed. 

17 (B) The Klamath River Basin Fishery Re18 sources Restoration Act is amended—

19 (i) in section 2(b)(1) (16 U.S.C. 460ss–

20 1(b)(1)) by striking ‘‘, in consultation with the 

21 task force established under section 4,’’; 

22 (ii) in section 2(b)(2) (16 U.S.C. 460ss–

23 1(b)(2)) by striking ‘‘, in cooperation with the 

24 task force established under section 4,’’;

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1 (iii) in section 6(a) (16 U.S.C. 460ss–5(a)) 

2 by striking ‘‘and 4(i); and 

3 (iv) by repealing section 4 (16 U.S.C. 

4 460ss–3). 

5 SEC. 7. TRINITY RIVER FLOW IMPLEMENTATION. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the record of decision by the United States 

8 Fish and Wildlife Service entitled ‘‘Trinity River 

9 Mainstem Fishery Restoration’’, issued by the Secretary 

10 of the Interior with the concurrence of the Hoopa Valley 

11 Tribe on December 19, 2000 (referred to in this section 

12 as the ‘‘record of decision’’), shall be considered to comply 

13 with all provisions of law under which, and subject to 

14 which, the record of decision was issued. 

15 (b) IMPLEMENTATION.—Upon enactment of this Act, 

16 the Secretary of the Interior, and any other person with 

17 respect to which the record of decision describes any right, 

18 authority, or obligation, shall implement and otherwise 

19 comply with the record of decision. 

20 SEC. 8. REPORTING REQUIREMENTS. 

21 The Secretary of the Interior, acting through the 

22 Commissioner of the Bureau of Reclamation, shall submit 

23 to the Congress by no later than 90 days after the date 

24 of the enactment of this Act, and quarterly thereafter, a 

25 report describing the progress of the conservation proVerDate Jan 31 2003 13:51 Apr 14, 2003 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1760.IH H1760
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1 grams in the Klamath Basin implemented pursuant to this 

2 Act. 

3 SEC. 9. KLAMATH PROJECT IMPROVEMENT. 

4 In addition to the purposes of the Klamath Reclama5 tion Project under the Act of February 9, 1905 (chapter 

6 567; 33 Stat. 714), and other applicable law, the Sec7 retary of the Interior shall operate and maintain the 

8 Project for the purposes of—

9 (1) fish and wildlife and the maintenance and 

10 restoration of national wildlife refuges in the Klam11 ath Basin; 

12 (2) tribal trust responsibilities; and 

13 (3) water quality. 

14 SEC. 10. KLAMATH BASIN NATIONAL WILDLIFE REFUGES. 

15 (a) PURPOSE OF THE REFUGES.—The purpose of 

16 each of the Klamath Basin National Wildlife Refuges is 

17 to conserve migratory birds and other wildlife and the eco18 systems upon which those species depend. 

19 (b) Refuge Water Supply Study.—

20 (1) IN GENERAL.—The Secretary of the Inte21 rior shall conduct a study to determine the amount 

22 of water necessary to sustain wetland habitats with23 in the Klamath Basin National Wildlife Refuges in 

24 order to meet the fish and wildlife conservation pur25 pose of the refuges. 

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1 (2) REPORT.—The Secretary shall submit a re2 port containing the findings of this study to the 

3 Congress by no later than one year after the date of 

4 enactment of this act. The report shall include deter5 minations regarding the following: 

6 (A) The average monthly water deliveries 

7 to the Klamath Basin National Wildlife Refuges 

8 from 1961 to 2002. 

9 (B) The water necessary to sustain wet10 land habitats in the Klamath Basin National 

11 Wildlife Refuges under current management 

12 practices. 

13 (C) The water necessary to sustain wet14 lands in the Klamath Basin National Wildlife 

15 Refuges under optimal fish and wildlife man16 agement. 

17 (D) The opportunities for re-engineering 

18 the current water delivery system into a more 

19 efficient water delivery system. 

20 (E) The feasibility of storing water within 

21 the current boundaries of Lower Klamath Na22 tional Wildlife Refuge and Tule Lake National 

23 Wildlife Refuge. 

24 (F) The nutritional and habitat values of 

25 agricultural crops and native habitats for miVerDate Jan 31 2003 13:51 Apr 14, 2003 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1760.IH H1760
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1 gratory birds and other wildlife of the Klamath 

2 Basin National Wildlife Refuges. 

3 (G) The feasibility of storing water within 

4 the boundaries of Lower Klamath National 

5 Wildlife Refuge as established under Executive 

6 Order 924, dated August 8, 1908. 

7 (c) WATER STORAGE AUTHORITY.—

8 (1) IN GENERAL.—The Secretary of the Inte9 rior may store water on the Lower Klamath Na10 tional Wildlife Refuge and the Tule Lake National 

11 Wildlife Refuge, if such storage does not compromise 

12 the waterfowl and wildlife habitat and values of the 

13 refuge. 

14 (2) USE OF STORED WATER.—Water stored on 

15 a refuge under this paragraph shall be dedicated 

16 solely to maintain and restore wetland and open 

17 water habitats necessary to meet the fish and wild18 life conservation purpose of the refuge. 

19 (d) WATER DELIVERIES TO REFUGES.—

20 (1) IN GENERAL.—The Secretary of the Inte21 rior shall provide to the Klamath Basin National 

22 Wildlife Refuges on an incremental basis such 

23 amounts of water, in addition to any water stored 

24 pursuant to subsection (b), as are determined to be 

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1 necessary in the report required under subsection 

2 (a). 

3 (2) DEADLINE FOR FULL DELIVERY.—The Sec4 retary of the Interior, by no later than 1 year after 

5 the date of enactment of this Act, shall—

6 (A) implement full water deliveries to the 

7 Klamath Basin National Wildlife Refuges; and 

8 (B) ensure that the Klamath Basin Na9 tional Wildlife Refuges receive the water deter10 mined necessary under subsection (a)(2)(B). 

11 (3) DEADLINE FOR DELIVERY OF WATER NEC12 ESSARY FOR OPTIMAL WETLANDS.—The Secretary 

13 of the Interior shall, by no later than five years after 

14 the date of the enactment of this Act, ensure that 

15 the Klamath Basin National Wildlife Refuges receive 

16 the water determined to be necessary under para17 graph (a)(2)(C). 

18 SEC. 11. TRIBAL RIGHTS NOT DIMINISHED OR AFFECTED. 

19 Nothing in this Act is intended to in any way dimin20 ish the water, fishery, or other rights of the Tribes as con21 firmed by treaty, Executive Order, or other judicial, ad22 ministrative, or legislative authority, or to diminish the ob23 ligations of the Secretary of the Interior on behalf of the 

24 United States to assert and protect such rights.

Æ