I 

112TH CONGRESS 

1ST SESSION H. R. 3398 

To authorize the restoration of the Klamath Basin and the settlement of 

the hydroelectric licensing of the Klamath Hydroelectric Project in accordance with the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement in the public interest and the 

interest of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 10, 2011 

Mr. THOMPSON of California (for himself, Mr. BLUMENAUER, Mr. DEFAZIO, 

Mr. DICKS, Ms. ESHOO, Mr. GARAMENDI, Ms. LEE of California, Ms. 

MATSUI, Mr. MCNERNEY, Mr. GEORGE MILLER of California, Mr. 

MORAN, Mrs. NAPOLITANO, Mr. SCHRADER, Ms. SPEIER, Mr. STARK, 

and Ms. WOOLSEY) introduced the following bill; which was referred to 

the Committee on Natural Resources, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the restoration of the Klamath Basin and the 

settlement of the hydroelectric licensing of the Klamath 

Hydroelectric Project in accordance with the Klamath 

Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement in the public interest and 

the interest of the United States, and for other purposes. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Klamath Basin Economic Restoration Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—RESTORATION AGREEMENT 

Sec. 101. Approval and execution of Restoration Agreement. 

Sec. 102. Agreements and non-Federal funds. 

Sec. 103. Rights protected. 

Sec. 104. Funding. 

Sec. 105. Klamath Reclamation Project. 

Sec. 106. Tribal commitments and actions. 

Sec. 107. Judicial review. 

Sec. 108. Miscellaneous. 

TITLE II—HYDROELECTRIC SETTLEMENT 

Sec. 201. Approval and execution of Hydroelectric Settlement. 

Sec. 202. Secretarial determination. 

Sec. 203. Facilities transfer and removal. 

Sec. 204. Transfer of Keno Development. 

Sec. 205. Liability protection. 

Sec. 206. Licenses. 

Sec. 207. Miscellaneous. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Energy Regulatory Commission. 

10 (2) DAM REMOVAL ENTITY.—The term ‘‘Dam 

11 Removal Entity’’ means the entity designated by the 

12 Secretary pursuant to section 202(c). 

13 (3) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of the Interior. 

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1 (4) DEFINITE PLAN.—The term ‘‘definite plan’’ 

2 has the meaning given the term in section 1.4 of the 

3 Hydroelectric Settlement. 

4 (5) DETAILED PLAN.—The term ‘‘detailed 

5 plan’’ has the meaning given the term in section 1.4 

6 of the Hydroelectric Settlement. 

7 (6) FACILITY.—The term ‘‘facility’’ means any 

8 of the following hydropower developments (including 

9 appurtenant works) licensed to PacifiCorp under the 

10 Federal Power Act (16 U.S.C. 791a et seq.) as 

11 Project No. 2082: 

12 (A) Iron Gate Development. 

13 (B) Copco 1 Development. 

14 (C) Copco 2 Development. 

15 (D) J.C. Boyle Development. 

16 (7) FACILITIES REMOVAL.—The term ‘‘facilities 

17 removal’’ means— 

18 (A) physical removal of all or part of each 

19 facility to achieve, at a minimum, a free-flowing 

20 condition and volitional fish passage; 

21 (B) site remediation and restoration, in22 cluding restoration of previously inundated 

23 land; 

24 (C) measures to avoid or minimize adverse 

25 downstream impacts; and 

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1 (D) all associated permitting for the ac2 tions described in this paragraph. 

3 (8) FEDERALLY RECOGNIZED TRIBE.—The 

4 term ‘‘federally recognized tribe’’ means an Indian 

5 tribe listed as federally recognized in— 

6 (A) the Bureau of Indian Affairs publica7 tion entitled ‘‘Indian Entities Recognized and 

8 Eligible to Receive Services from the United 

9 States Bureau of Indian Affairs’’ (74 Fed. Reg. 

10 40218 (Aug. 11, 2009)); or 

11 (B) any list published in accordance with 

12 section 104 of the Federally Recognized Indian 

13 Tribe List Act of 1994 (25 U.S.C. 479a–1). 

14 (9) HYDROELECTRIC SETTLEMENT.— 

15 (A) IN GENERAL.—The term ‘‘Hydro16 electric Settlement’’ means the agreement enti17 tled ‘‘Klamath Hydroelectric Settlement Agree18 ment,’’ dated February 18, 2010, between— 

19 (i) the Department; 

20 (ii) the Department of Commerce; 

21 (iii) the State of California; 

22 (iv) the State of Oregon; 

23 (v) PacifiCorp; and 

24 (vi) other parties. 

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1 (B) INCLUSIONS.—The term ‘‘Hydro2 electric Settlement’’ includes any amendments 

3 to the Agreement described in subparagraph 

4 (A)— 

5 (i) approved by the parties before the 

6 date of enactment of this Act; or 

7 (ii) approved pursuant to section 

8 201(b)(2). 

9 (10) KENO DEVELOPMENT.—The term ‘‘Keno 

10 Development’’ means the Keno regulating facility 

11 within the jurisdictional project boundary of FERC 

12 Project No. 2082. 

13 (11) KLAMATH BASIN.— 

14 (A) IN GENERAL.—The term ‘‘Klamath 

15 Basin’’ means the land tributary to the Klam16 ath River in the States. 

17 (B) INCLUSIONS.—The term ‘‘Klamath 

18 Basin’’ includes the Lost River and Tule Lake 

19 Basins. 

20 (12) KLAMATH PROJECT WATER USERS.—The 

21 term ‘‘Klamath Project Water Users’’ means— 

22 (A) the Tulelake Irrigation District; 

23 (B) the Klamath Irrigation District; 

24 (C) the Klamath Drainage District; 

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1 (D) the Klamath Basin Improvement Dis2 trict; 

3 (E) the Ady District Improvement Com4 pany; 

5 (F) the Enterprise Irrigation District; 

6 (G) the Malin Irrigation District; 

7 (H) the Midland District Improvement 

8 District; 

9 (I) the Pioneer District Improvement Com10 pany; 

11 (J) the Shasta View Irrigation District; 

12 (K) the Sunnyside Irrigation District; 

13 (L) Don Johnston & Son; 

14 (M) Bradley S. Luscombe; 

15 (N) Randy Walthall; 

16 (O) the Inter-County Title Company; 

17 (P) the Reames Golf and Country Club; 

18 (Q) the Winema Hunting Lodge, Inc.; 

19 (R) Van Brimmer Ditch Company; 

20 (S) Plevna District Improvement Com21 pany; and 

22 (T) Collins Products, LLC. 

23 (13) NET REVENUES.— 

24 (A) IN GENERAL.—The term ‘‘net reve25 nues’’ has the meaning given the term ‘‘net 

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1 lease revenues’’ in Article 1(e) of Contract No. 

2 14–06–200–5954 between Tulelake Irrigation 

3 District and the United States. 

4 (B) INCLUSIONS.—The term ‘‘net reve5 nues’’ includes revenues from the leasing of 

6 land in— 

7 (i) the Tule Lake National Wildlife 

8 Refuge lying within the boundaries of the 

9 Tulelake Irrigation District; and 

10 (ii) the Lower Klamath National 

11 Wildlife Refuge lying within the boundaries 

12 of the Klamath Drainage District. 

13 (14) NON-FEDERAL PARTIES.—The term ‘‘non14 Federal Parties’’ means each of the signatories to 

15 the Restoration Agreement other than the Secre16 taries. 

17 (15) OREGON KLAMATH BASIN ADJUDICA18 TION.—The term ‘‘Oregon Klamath Basin adjudica19 tion’’ means the proceeding to determine water 

20 rights pursuant to chapter 539 of Oregon Revised 

21 Statutes entitled ‘‘In the matter of the determina22 tion of the relative rights of the waters of the Klam23 ath River, a tributary of the Pacific Ocean.’’ 

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1 (16) PACIFICORP.—The term ‘‘PacifiCorp’’ 

2 means the owner and licensee of the Klamath Hy3 droelectric Project, FERC Project No. 2082. 

4 (17) PARTY.—The term ‘‘Party’’ means each of 

5 the signatories to the Restoration Agreement, in6 cluding the Secretaries. 

7 (18) PARTY TRIBES.—The term ‘‘Party Tribes’’ 

8 means— 

9 (A) the Yurok Tribe; 

10 (B) the Karuk Tribe; and 

11 (C) the Klamath Tribes. 

12 (19) RESTORATION AGREEMENT.— 

13 (A) RESTORATION AGREEMENT.—The 

14 term ‘‘Restoration Agreement’’ means the 

15 Agreement entitled ‘‘Klamath Basin Restora16 tion Agreement for the Sustainability of Public 

17 and Trust Resources and Affected Commu18 nities’’ dated February 18, 2010, which shall be 

19 on file and available for public inspection in the 

20 appropriate offices of the Secretaries. 

21 (B) INCLUSIONS.—The term ‘‘Restoration 

22 Agreement’’ includes any amendments to the 

23 Agreement described in subparagraph (A)— 

24 (i) approved by the parties before the 

25 date of enactment of this Act; or 

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1 (ii) approved pursuant to section 

2 101(b)(2). 

3 (20) SECRETARIAL DETERMINATION.—The 

4 term ‘‘Secretarial determination’’ means a deter5 mination of the Secretary made under section 

6 202(a). 

7 (21) SECRETARIES.—The term ‘‘Secretaries’’ 

8 means— 

9 (A) the Secretary of the Interior or des10 ignee; 

11 (B) the Secretary of Commerce or des12 ignee; and 

13 (C) the Secretary of Agriculture or des14 ignee. 

15 (22) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the Interior. 

17 (23) STATES.—The term ‘‘States’’ means— 

18 (A) the State of Oregon; and 

19 (B) the State of California. 

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1 TITLE I—RESTORATION 

2 AGREEMENT 

3 SEC. 101. APPROVAL AND EXECUTION OF RESTORATION 

4 AGREEMENT. 

5 (a) IN GENERAL.—The United States approves the 

6 Restoration Agreement except to the extent the Restora7 tion Agreement conflicts with this title. 

8 (b) SIGNING AND IMPLEMENTATION OF THE RES9 TORATION AGREEMENT.—The Secretaries shall— 

10 (1) sign and implement the Restoration Agree11 ment; 

12 (2) implement any amendment to the Restora13 tion Agreement approved by the Parties after the 

14 date of enactment of this title, unless 1 or more of 

15 the Secretaries determines, not later than 90 days 

16 after the date on which the non-Federal Parties 

17 agree to the amendment, that the amendment is in18 consistent with this title or other provisions of law; 

19 and 

20 (3) to the extent consistent with the Restora21 tion Agreement, this title, and other provisions of 

22 law, perform all actions necessary to carry out each 

23 responsibility of the Secretary concerned under the 

24 Restoration Agreement. 

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1 (c) EFFECT OF SIGNING OF RESTORATION AGREE2 MENT.—Signature by the Secretaries of the Restoration 

3 Agreement does not constitute a major Federal action 

4 under the National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 (d) COMPLIANCE WITH EXISTING LAW.—In imple7 menting the Restoration Agreement, the Secretaries shall 

8 comply with— 

9 (1) the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.); 

11 (2) the Endangered Species Act of 1973 (16 

12 U.S.C. 1531 et seq.); and 

13 (3) all other applicable Federal environmental 

14 laws (including regulations). 

15 SEC. 102. AGREEMENTS AND NON-FEDERAL FUNDS. 

16 (a) AGREEMENTS.—The Secretaries may enter into 

17 such agreements and take such other measures (including 

18 entering into contracts and financial assistance agree19 ments) as the Secretaries consider necessary to carry out 

20 this title. 

21 (b) ACCEPTANCE AND EXPENDITURE OF NON-FED22 ERAL FUNDS.— 

23 (1) IN GENERAL.—Notwithstanding title 31, 

24 United States Code, the Secretaries may accept and 

25 expend, without further appropriation, non-Federal 

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1 funds (including donations or in-kind services, or 

2 both) and accept by donation or otherwise real or 

3 personal property or any interest in the property, for 

4 the purposes of implementing the Restoration Agree5 ment. 

6 (2) USE.—The funds may be expended, and the 

7 property used, under paragraph (1) only for the pur8 poses for which the funds and property were pro9 vided, without further appropriation or authority. 

10 SEC. 103. RIGHTS PROTECTED. 

11 Notwithstanding any other provision of law, this Act 

12 and implementation of the Restoration Agreement shall 

13 not restrict or alter the eligibility of any Party or Indian 

14 tribe for or receipt of funds, or be considered an offset 

15 against any obligations or funds in existence on the date 

16 of enactment of this Act, under any Federal or State law. 

17 SEC. 104. FUNDING. 

18 (a) ESTABLISHMENT OF ACCOUNTS.—There are es19 tablished in the Treasury for the deposit of appropriations 

20 and other funds (including non-Federal donated funds) 

21 the following noninterest-bearing accounts: 

22 (1) The On-Project Plan and Power for Water 

23 Management Fund. 

24 (2) The Water Use Retirement and Off-Project 

25 Reliance Fund. 

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1 (3) The Klamath Drought Fund. 

2 (b) MANAGEMENT.—The accounts established by 

3 subsection (a) shall be managed in accordance with this 

4 title and section 14.3 of the Restoration Agreement. 

5 (c) BUDGET REQUESTS.—When submitting annual 

6 budget requests to Congress, the President may include 

7 funding described in Appendix C–2 of the Restoration 

8 Agreement with such adjustment as the President con9 siders appropriate to maintain timely implementation of 

10 the Restoration Agreement. 

11 (d) NONREIMBURSABLE.—Except as provided in sec12 tion 108(d), funds appropriated and expended for the im13 plementation of the Restoration Agreement shall be nonre14 imbursable and nonreturnable to the United States. 

15 (e) FUNDS AVAILABLE UNTIL EXPENDED.—All 

16 funds made available for the implementation of the Res17 toration Agreement shall remain available until expended. 

18 SEC. 105. KLAMATH RECLAMATION PROJECT. 

19 (a) KLAMATH RECLAMATION PROJECT PURPOSES.— 

20 The purposes of the Klamath Reclamation Project shall 

21 be irrigation, reclamation, flood control, municipal, indus22 trial, power (as necessary to implement the Restoration 

23 Agreement), National Wildlife Refuge, and fish and wild24 life. 

25 (b) EFFECT OF FISH AND WILDLIFE PURPOSES.— 

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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the fish and wildlife and National Wildlife Refuge 

3 purposes of the Klamath Reclamation Project shall 

4 not adversely affect the irrigation purpose of the 

5 Klamath Reclamation Project. 

6 (2) WATER ALLOCATIONS AND DELIVERY.—The 

7 provisions regarding water allocations and delivery 

8 to the National Wildlife Refuges in section 15.1.2 of 

9 the Restoration Agreement (including any additional 

10 water made available under sections 15.1.2.E.ii and 

11 18.3.2.B.v of the Restoration Agreement) shall not 

12 be considered to have an adverse effect on the irriga13 tion purpose of the Klamath Reclamation Project. 

14 (c) WATER RIGHTS ADJUDICATION.—Notwith15 standing subsections (a) and (b), for purposes of the de16 termination of water rights in Oregon Klamath Basin Ad17 judication, until Appendix E–1 to the Restoration Agree18 ment has been filed in the Oregon Klamath Basin Adju19 dication, the 1 or more purposes of the Klamath Reclama20 tion Project shall continue as in existence prior to the date 

21 of enactment of this Act. 

22 (d) DISPOSITION OF NET REVENUES FROM LEASING

23 OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD24 LIFE REFUGE LAND.—Notwithstanding any other provi25 sion of law, net revenues from the leasing of refuge land 

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1 within the Tule Lake National Wildlife Refuge and the 

2 Lower Klamath National Wildlife Refuge under section 4 

3 of Public Law 88–567 (16 U.S.C. 695n) shall be provided, 

4 without further appropriation, as follows: 

5 (1) Ten percent of net revenues from land with6 in the Tule Lake National Wildlife Refuge that are 

7 within the boundaries of Tulelake Irrigation District 

8 shall be provided to the Tulelake Irrigation District 

9 in accordance with article 4 of Contract No. 14–06– 

10 200–5954 and section 2(a) of the Act of August 1, 

11 1956 (70 Stat. 799, chapter 828). 

12 (2) Such amounts as are necessary shall be 

13 used to make payment to counties in lieu of taxes 

14 in accordance with section 3 of Public Law 88–567 

15 (16 U.S.C. 695m). 

16 (3) Twenty percent of net revenues shall be 

17 provided directly to the United States Fish and 

18 Wildlife Service for wildlife management purposes on 

19 the Tule Lake National Wildlife Refuge and Lower 

20 Klamath National Wildlife Refuge. 

21 (4) Ten percent of net revenues from land with22 in Lower Klamath National Wildlife Refuge that are 

23 within the boundaries of the Klamath Drainage Dis24 trict shall be provided directly to Klamath Drainage 

25 District for operation and maintenance responsibility 

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1 for the Federal Reclamation water delivery and 

2 drainage facilities within the boundaries of both 

3 Klamath Drainage District and Lower Klamath Na4 tional Wildlife Refuge exclusive of the Klamath 

5 Straits Drain, subject to the assumption by the 

6 Klamath Drainage District of the operation and 

7 maintenance duties of the Bureau of Reclamation 

8 for Klamath Drainage District (Area K) lease land 

9 exclusive of Klamath Straits Drain. 

10 (5) The remainder of net revenues shall be pro11 vided directly to the Bureau of Reclamation for— 

12 (A) operation and maintenance costs of 

13 Link River and Keno Dams incurred by the 

14 United States; and 

15 (B) to the extent that the revenues re16 ceived under this paragraph for any year exceed 

17 the costs described in subparagraph (A), future 

18 capital costs of the Klamath Reclamation 

19 Project. 

20 SEC. 106. TRIBAL COMMITMENTS AND ACTIONS. 

21 (a) ACTIONS BY THE KLAMATH TRIBES.—In return 

22 for the resolution of the contests of the Klamath Project 

23 Water Users related to the water rights claims of the 

24 Klamath Tribes and of the United States acting in a ca25 pacity as trustee for the Klamath Tribes and members of 

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1 the Klamath Tribes in the Oregon Klamath Basin Adju2 dication and for other benefits covered by the Restoration 

3 Agreement and this Act, the Klamath Tribes (on behalf 

4 of the Klamath Tribes and members of the Klamath 

5 Tribes) are authorized to make the commitments in the 

6 Restoration Agreement, including the assurances con7 tained in section 15 of the Restoration Agreement, and 

8 such commitments are confirmed as effective and binding 

9 in accordance with the terms of the commitments without 

10 further action by the Klamath Tribes. 

11 (b) ACTIONS BY THE KARUK TRIBE AND THE YUROK

12 TRIBE.—In return for the commitments of the Klamath 

13 Project Water Users related to water rights of the Karuk 

14 Tribe and the Yurok Tribe as described in the Restoration 

15 Agreement and for other benefits covered by the Restora16 tion Agreement and this Act, the Karuk Tribe and the 

17 Yurok Tribe (on behalf of those Tribes and members of 

18 those Tribes) are authorized to make the commitments 

19 provided in the Restoration Agreement, including the as20 surances contained in section 15 of the Restoration Agree21 ment, and such commitments are confirmed as effective 

22 and binding in accordance with the terms of the commit23 ments without further action by the Yurok Tribe or the 

24 Karuk Tribe. 

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1 (c) RELEASE OF CLAIMS AGAINST THE UNITED

2 STATES.— 

3 (1) IN GENERAL.—Without affecting rights se4 cured by treaty, Executive order, or other law, the 

5 Party Tribes (on behalf of the Party Tribes and 

6 members of the Party Tribes) may relinquish and 

7 release certain claims against the United States, 

8 Federal agencies, or Federal employees, described in 

9 sections 15.3.5.A, 15.3.6.B.i and 15.3.7.B.i of the 

10 Restoration Agreement. 

11 (2) CONDITIONS.—The relinquishments and re12 leases shall not be in force or effect until the terms 

13 described in sections 15.3.5.C, 15.3.6.B.iii, 

14 15.3.7.B.iii, and 33.2.1 of the Restoration Agree15 ment have been fulfilled. 

16 (d) RETENTION OF RIGHTS OF THE PARTY

17 TRIBES.—Notwithstanding the commitments and releases 

18 described in subsections (a) through (c), the Party Tribes 

19 and the members of the Party Tribes shall retain all 

20 claims described in sections 15.3.5.B, 15.3.6.B.ii and 

21 15.3.7.B.ii of the Restoration Agreement. 

22 (e) TOLLING OF CLAIMS.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

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1 fense relating to a claim described in subsection (c) 

2 shall be tolled during the period— 

3 (A) beginning on the date of enactment of 

4 this Act; and 

5 (B) ending on the earlier of— 

6 (i) the date the Secretary publishes 

7 the notice described in sections 15.3.5.C, 

8 15.3.6.B.iii and 15.3.7.B.iii of the Restora9 tion Agreement; or 

10 (ii) December 1, 2030. 

11 (2) EFFECT OF TOLLING.—Nothing in this sub12 section— 

13 (A) revives any claim or tolls any period of 

14 limitation or time-based equitable defense that 

15 expired before the date of enactment of this 

16 Act; or 

17 (B) precludes the tolling of any period of 

18 limitations or any time-based equitable defense 

19 under any other applicable law. 

20 (f) ACTIONS OF THE UNITED STATES ACTING IN CA21 PACITY AS TRUSTEE.—In return for the commitments of 

22 the Klamath Project Water Users relating to the water 

23 rights and water rights claims of federally recognized 

24 tribes of the Klamath Basin and of the United States as 

25 trustee for such tribes and other benefits covered by the 

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1 Restoration Agreement and this Act, the United States, 

2 as trustee on behalf of the federally recognized tribes of 

3 the Klamath Basin and allottees of reservations of feder4 ally recognized tribes of the Klamath Basin in California, 

5 is authorized to make the commitments provided in the 

6 Restoration Agreement, including the assurances con7 tained in section 15 of the Restoration Agreement, and 

8 such commitments are confirmed as effective and binding 

9 in accordance with the terms of the commitments, without 

10 further action by the United States. 

11 (g) FURTHER AGREEMENTS.—The United States 

12 and the Klamath Tribes may enter into agreements con13 sistent with section 16.2 of the Restoration Agreement. 

14 (h) EFFECT OF SECTION.—Nothing in this section— 

15 (1) affects the ability of the United States to 

16 take actions— 

17 (A) authorized by law to be taken in the 

18 sovereign capacity of the United States, includ19 ing any laws relating to health, safety, or the 

20 environment, including— 

21 (i) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.); 

23 (ii) the Safe Drinking Water Act (42 

24 U.S.C. 300f et seq.); 

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1 (iii) the Solid Waste Disposal Act (42 

2 U.S.C. 6901 et seq.); 

3 (iv) the Comprehensive Environmental 

4 Response, Compensation, and Liability Act 

5 of 1980 (42 U.S.C. 9601 et seq.); and 

6 (v) regulations implementing the Acts 

7 described in this subparagraph; 

8 (B) as trustee for the benefit of federally 

9 recognized tribes other than the federally recog10 nized tribes of the Klamath Basin; 

11 (C) as trustee for the federally recognized 

12 tribes of the Klamath Basin and the members 

13 of the tribes that are consistent with the Res14 toration Agreement and this title; 

15 (D) as trustee for the Party Tribes to en16 force the Restoration Agreement and this title 

17 through such legal and equitable remedies as 

18 may be available in the appropriate Federal or 

19 State court or administrative proceeding, in20 cluding the Oregon Klamath Basin Adjudica21 tion; 

22 (E) as trustee for the federally recognized 

23 tribes of the Klamath Basin to acquire water 

24 rights after the effective date of the Restoration 

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1 Agreement (as defined in section 1.5.1 of the 

2 Restoration Agreement); 

3 (F) as trustee for the federally recognized 

4 tribes of the Klamath Basin to use and protect 

5 water rights, including water rights acquired 

6 after the effective date of the Restoration 

7 Agreement (as defined in section 1.5.1 of the 

8 Restoration Agreement), subject to the Restora9 tion Agreement; or 

10 (G) as trustee for the federally recognized 

11 tribes of the Klamath Basin to claim water 

12 rights or continue to advocate for existing 

13 claims for water rights in appropriate Federal 

14 and State courts or administrative proceedings 

15 with jurisdiction over the claims, subject to the 

16 Restoration Agreement; 

17 (2) affects the treaty fishing, hunting, trapping, 

18 pasturing, or gathering rights of any Indian tribe ex19 cept to the extent expressly provided in this title or 

20 the Restoration Agreement; or 

21 (3) affects any rights, remedies, privileges, im22 munities, and powers, and claims not specifically re23 linquished and released under, or limited by, this 

24 title or the Restoration Agreement. 

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1 (i) PUBLICATION OF NOTICE; EFFECT OF PUBLICA2 TION.— 

3 (1) PUBLICATION.—The Secretary shall publish 

4 the notice required by section 15.3.4.A or section 

5 15.3.4.C of the Restoration Agreement in accord6 ance with the Restoration Agreement. 

7 (2) EFFECT.—On publication of the notice de8 scribed in paragraph (1), the Party Tribes, the 

9 United States as trustee for the federally recognized 

10 tribes of the Klamath Basin, and other Parties shall 

11 have the rights and obligations provided in the Res12 toration Agreement. 

13 (j) FISHERIES PROGRAMS.—Consistent with section 

14 102(a), the Secretaries shall give priority to qualified 

15 Party Tribes in awarding grants, contracts, or other 

16 agreements, consistent with section 102, for purposes of 

17 implementing the fisheries programs described in part III 

18 of the Restoration Agreement. 

19 (k) TRIBES OUTSIDE KLAMATH BASIN UNAF20 FECTED.—Nothing in this Act or the Restoration Agree21 ment affects the rights of any Indian tribe outside the 

22 Klamath Basin. 

23 (l) NONPARTY TRIBES OF THE KLAMATH BASIN UN24 AFFECTED.—Nothing in this Act or the Restoration 

25 Agreement amends, alters, or limits the authority of the 

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1 federally recognized tribes of the Klamath Basin, other 

2 than the Party Tribes, to exercise any water rights the 

3 tribes hold or may be determined to hold. 

4 SEC. 107. JUDICIAL REVIEW. 

5 Judicial review of a decision of the Secretary con6 cerning rights or obligations under sections 15.3.5.C, 

7 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, and 15.3.9 of the Res8 toration Agreement shall be in accordance with the stand9 ard and scope of review under subchapter II of chapter 

10 5, and chapter 7, of title 5, United States Code (commonly 

11 known as the ‘‘Administrative Procedure Act’’). 

12 SEC. 108. MISCELLANEOUS. 

13 (a) WATER RIGHTS.— 

14 (1) IN GENERAL.—Except as specifically pro15 vided in this title and the Restoration Agreement, 

16 nothing in this title or the Restoration Agreement 

17 shall create or determine water rights or affect 

18 water rights or water right claims in existence on 

19 the date of enactment of this Act. 

20 (2) NO STANDARD FOR QUANTIFICATION.— 

21 Nothing in this title or the Restoration Agreement 

22 establishes any standard for the quantification of 

23 Federal reserved water rights or any Indian water 

24 claims of any Indian tribe in any judicial or adminis25 trative proceeding. 

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1 (b) LIMITATIONS.— 

2 (1) IN GENERAL.—Nothing in this title— 

3 (A) confers on any person or entity who is 

4 not a party to the Restoration Agreement a pri5 vate right of action or claim for relief to inter6 pret or enforce this title or the Restoration 

7 Agreement; or 

8 (B) expands the jurisdiction of State 

9 courts to review Federal agency actions or de10 termine Federal rights. 

11 (2) EFFECT.—This subsection does not alter or 

12 curtail any right of action or claim for relief under 

13 other applicable law. 

14 (c) RELATIONSHIP TO CERTAIN OTHER FEDERAL

15 LAW.— 

16 (1) IN GENERAL.—Nothing in this title amends, 

17 supersedes, modifies, or otherwise affects— 

18 (A) Public Law 88–567 (16 U.S.C. 695k 

19 et seq.); 

20 (B) the National Wildlife Refuge System 

21 Administration Act of 1966 (16 U.S.C. 668dd 

22 et seq.); 

23 (C) the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.); 

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1 (D) the Federal Water Pollution Control 

2 Act (33 U.S.C. 1251 et seq.); or 

3 (E) the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

5 (2) CONSISTENCY.—The Restoration Agree6 ment shall be considered consistent with subsections 

7 (a) through (c) of section 208 of the Act of July 10, 

8 1952 (66 Stat. 560, chapter 651; 43 U.S.C. 666). 

9 (d) TERMINATION OF RESTORATION AGREEMENT.— 

10 If the Restoration Agreement terminates— 

11 (1) any appropriated Federal funds provided to 

12 a Party by the Secretaries that are unexpended at 

13 the time of the termination of the Restoration 

14 Agreement shall be returned to the Treasury; and 

15 (2) any appropriated Federal funds provided to 

16 a Party by the Secretaries shall be treated as an off17 set against any claim for damages by the Party aris18 ing under the Restoration Agreement. 

19 (e) WILLING SELLERS.—Any acquisition of interests 

20 in land and water pursuant to this title or the Restoration 

21 Agreement shall be from willing sellers. 

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1 TITLE II—HYDROELECTRIC 

2 SETTLEMENT 

3 SEC. 201. APPROVAL AND EXECUTION OF HYDROELECTRIC 

4 SETTLEMENT. 

5 (a) IN GENERAL.—The United States approves the 

6 Hydroelectric Settlement, except to the extent the Hydro7 electric Settlement conflicts with this title. 

8 (b) IMPLEMENTATION.—The Secretary, the Sec9 retary of Commerce, and the Commission, or designees, 

10 shall implement, in consultation with other applicable Fed11 eral agencies— 

12 (1) the Hydroelectric Settlement; and 

13 (2) any amendment to the Hydroelectric Settle14 ment, unless 1 or more of the Secretaries deter15 mines, not later than 90 days after the date the non16 Federal Parties agree to the amendment, that the 

17 amendment is inconsistent with this title. 

18 SEC. 202. SECRETARIAL DETERMINATION. 

19 (a) IN GENERAL.—The Secretary shall determine, 

20 consistent with section 3 of the Hydroelectric Settlement, 

21 whether to proceed with facilities removal and may deter22 mine to proceed with facilities removal if, as determined 

23 by the Secretary, facilities removal— 

24 (1) will advance restoration of the salmonid 

25 fisheries of the Klamath Basin; and 

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1 (2) is in the public interest, taking into account 

2 potential impacts on affected local communities and 

3 federally recognized Indian tribes among other fac4 tors. 

5 (b) BASIS FOR SECRETARIAL DETERMINATION.—To 

6 support the Secretarial determination, the Secretary, in 

7 cooperation with the Secretary of Commerce and other en8 tities, shall— 

9 (1) use existing information; 

10 (2) conduct any necessary further appropriate 

11 studies; 

12 (3) prepare an environmental document under 

13 the National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.); and 

15 (4) take such other actions as the Secretary de16 termines to be appropriate. 

17 (c) DESIGNATION OF DAM REMOVAL ENTITY.— 

18 (1) IN GENERAL.—If the Secretarial determina19 tion provides for proceeding with facilities removal, 

20 the Secretarial determination shall include the des21 ignation of a Dam Removal Entity. 

22 (2) REQUIREMENTS.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Dam Removal Entity designated 

25 by the Secretary shall be the Department if the 

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1 Secretary determines, in the judgment of the 

2 Secretary, that— 

3 (i) the Department has the capabili4 ties and responsibilities for facilities re5 moval described in section 7 of the Hydro6 electric Settlement; and 

7 (ii) it is appropriate for the Depart8 ment to be the Dam Removal Entity. 

9 (B) NON-FEDERAL DAM REMOVAL ENTI10 TY.—As determined by the Secretary consistent 

11 with section 3.3.4.E of the Hydroelectric Settle12 ment, the Secretary may designate a non-Fed13 eral Dam Removal Entity if— 

14 (i) the Secretary finds, based on the 

15 judgment of the Secretary, that the Dam 

16 Removal Entity-designate is qualified and 

17 has the capabilities and responsibilities for 

18 facilities removal described in section 7 of 

19 the Hydroelectric Settlement; 

20 (ii) the States have concurred in the 

21 finding described in clause (i); and 

22 (iii) the Dam Removal Entity-des23 ignate has committed, if so designated, to 

24 perform facilities removal within the State 

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1 Cost Cap described in section 4.1.3 of the 

2 Hydroelectric Settlement. 

3 (d) CONDITIONS FOR SECRETARIAL DETERMINA4 TION.—The Secretary may not make or publish the Secre5 tarial determination, unless the conditions specified in sec6 tion 3.3.4 of the Hydroelectric Settlement have been satis7 fied. 

8 (e) NOTICE.—The Secretary shall— 

9 (1) publish notification of the Secretarial deter10 mination in the Federal Register; and 

11 (2) submit to the Committee on Energy and 

12 Natural Resources of the Senate and the Committee 

13 on Natural Resources of the House of Representa14 tives a report on implementation of the Hydro15 electric Settlement. 

16 (f) JUDICIAL REVIEW OF SECRETARIAL DETERMINA17 TION.— 

18 (1) IN GENERAL.—For purposes of judicial re19 view, the Secretarial determination shall constitute a 

20 final agency action with respect to whether or not to 

21 proceed with facilities removal. 

22 (2) PETITION FOR REVIEW.— 

23 (A) FILING.— 

24 (i) IN GENERAL.—Judicial review of 

25 the Secretarial determination and related 

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1 actions to comply with environmental laws 

2 (including the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.), the Endangered Species Act of 1973 

5 (16 U.S.C. 1531 et seq.), and the National 

6 Historic Preservation Act (16 U.S.C. 470 

7 et seq.)) may be obtained by an aggrieved 

8 person or entity only as provided in this 

9 subsection. 

10 (ii) JURISDICTION.—A petition for re11 view under this paragraph may be filed 

12 only in the United States Court of Appeals 

13 for the District of Columbia Circuit or in 

14 the Ninth Circuit Court of Appeals. 

15 (iii) LIMITATION.—Neither a district 

16 court of the United States nor a State 

17 court shall have jurisdiction to review the 

18 Secretarial determination or related actions 

19 to comply with environmental laws de20 scribed in clause (i). 

21 (B) DEADLINE.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), any petition for review under 

24 this subsection shall be filed within 60 

25 days after the date of publication of the 

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1 Secretarial determination in the Federal 

2 Register. 

3 (ii) SUBSEQUENT GROUNDS.—If a pe4 tition is based solely on grounds arising 

5 after the date that is 60 days after the 

6 date of publication of the Secretarial deter7 mination in the Federal Register, the peti8 tion for review under this subsection shall 

9 be filed not later than 60 days after the 

10 grounds arise. 

11 (3) IMPLEMENTATION.—Any action of the Sec12 retary with respect to which review could have been 

13 obtained under this paragraph shall not be subject 

14 to judicial review in any action relating to the imple15 mentation of the Secretarial determination or in pro16 ceedings for enforcement of the Hydroelectric Settle17 ment. 

18 (4) APPLICABLE STANDARD AND SCOPE.—Judi19 cial review of the Secretarial determination shall be 

20 in accordance with the standard and scope of review 

21 under subchapter II of chapter 5, and chapter 7, of 

22 title 5, United States Code (commonly known as the 

23 ‘‘Administrative Procedure Act’’). 

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1 (5) NON-TOLLING.—The filing of a petition for 

2 reconsideration by the Secretary of an action subject 

3 to review under this subsection shall not— 

4 (A) affect the finality of the action for pur5 poses of judicial review; 

6 (B) extend the time within which a petition 

7 for judicial review under this subsection may be 

8 filed; or 

9 (C) postpone the effectiveness of the ac10 tion. 

11 SEC. 203. FACILITIES TRANSFER AND REMOVAL. 

12 (a) FACILITIES REMOVAL PROCESS.— 

13 (1) APPLICATION.—This subsection shall apply 

14 if— 

15 (A) the Secretarial determination provides 

16 for proceeding with facilities removal; 

17 (B) the States concur in the Secretarial 

18 determination in accordance with section 3.3.5 

19 of the Hydroelectric Settlement; 

20 (C) the availability of non-Federal funds 

21 for the purposes of facilities removal is con22 sistent with the Hydroelectric Settlement; and 

23 (D) the Hydroelectric Settlement has not 

24 terminated in accordance with section 8.11 of 

25 the Hydroelectric Settlement. 

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1 (2) NON-FEDERAL FUNDS.— 

2 (A) IN GENERAL.—Notwithstanding title 

3 31, United States Code, if the Department is 

4 designated as the Dam Removal Entity, the 

5 Secretary may accept, expend without further 

6 appropriation, and manage non-Federal funds 

7 for the purpose of facilities removal in accord8 ance with sections 4 and 7 of the Hydroelectric 

9 Settlement. 

10 (B) REFUND.—The Secretary is author11 ized to administer and refund any funds de12 scribed in subparagraph (A) received from the 

13 State of California in accordance with the re14 quirements established by the State. 

15 (3) AGREEMENTS.—The Dam Removal Entity 

16 may enter into agreements and contracts as nec17 essary to assist in the implementation of the Hydro18 electric Settlement. 

19 (4) FACILITIES REMOVAL.— 

20 (A) IN GENERAL.—The Dam Removal En21 tity shall, consistent with the Hydroelectric Set22 tlement— 

23 (i) develop a definite plan for facilities 

24 removal, including a schedule for facilities 

25 removal; 

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1 (ii) obtain all permits, authorizations, 

2 entitlements, certifications, and other ap3 provals necessary to implement facilities 

4 removal, including a permit under section 

5 404 of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1344); and 

7 (iii) implement facilities removal. 

8 (B) STATE AND LOCAL LAWS.—Facilities 

9 removal shall be subject to applicable require10 ments of State and local laws respecting per11 mits and other authorizations, to the extent the 

12 requirements are not in conflict with Federal 

13 law, including the Secretarial determination and 

14 the detailed plan (including the schedule) for 

15 facilities removal authorized under this Act. 

16 (C) LIMITATIONS.—Subparagraph (B) 

17 shall not affect— 

18 (i) the authorities of the States re19 garding concurrence with the Secretarial 

20 determination in accordance with State 

21 law; or 

22 (ii) the authority of a State public 

23 utility commission regarding funding of fa24 cilities removal. 

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1 (D) ACCEPTANCE OF TITLE TO FACILI2 TIES.—The Dam Removal Entity is authorized 

3 to accept from PacifiCorp all rights, titles, per4 mits, and other interests in the facilities and as5 sociated land, for facilities removal and for dis6 position of facility land (as provided in section 

7 7.6.4 of the Hydroelectric Settlement) upon the 

8 Dam Removal Entity providing notice that the 

9 Dam Removal Entity is ready to commence fa10 cilities removal in accordance with section 7.4.1 

11 of the Hydroelectric Settlement. 

12 (E) CONTINUED POWER GENERATION.— 

13 (i) IN GENERAL.—In accordance with 

14 an agreement negotiated under clause (ii), 

15 on transfer of title pursuant to subpara16 graph (D) and until the Dam Removal En17 tity instructs PacifiCorp to cease the gen18 eration of power, PacifiCorp may, con19 sistent with State law— 

20 (I) continue generating and re21 taining title to any power generated 

22 by the facilities in accordance with 

23 section 7 of the Hydroelectric Settle24 ment; and 

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1 (II) continue to transmit and use 

2 the power for the benefit of the cus3 tomers of PacifiCorp under the juris4 diction of applicable State public util5 ity commissions and the Commission. 

6 (ii) AGREEMENT WITH DAM REMOVAL

7 ENTITY.—Before transfer of title pursuant 

8 to subparagraph (D), the Dam Removal 

9 Entity shall enter into an agreement with 

10 PacifiCorp that provides for continued gen11 eration of power in accordance with clause 

12 (i). 

13 (b) JURISDICTION.—The United States district 

14 courts shall have original jurisdiction over all claims re15 garding the consistency of State and local laws regarding 

16 permits and other authorizations, and of State and local 

17 actions pursuant to those laws, with the Secretarial deter18 mination and the detailed plan (including the schedule) 

19 for facilities removal authorized under this title. 

20 (c) NO PRIVATE RIGHT OF ACTION.— 

21 (1) IN GENERAL.—Nothing in this title confers 

22 on any person or entity not a party to the Hydro23 electric Settlement a private right of action or claim 

24 for relief to interpret or enforce this title or the Hy25 droelectric Settlement. 

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1 (2) OTHER LAW.—This subsection does not 

2 alter or curtail any right of action or claim for relief 

3 under any other applicable law. 

4 SEC. 204. TRANSFER OF KENO DEVELOPMENT. 

5 (a) IN GENERAL.—The Secretary shall accept the 

6 transfer of title in the Keno Development to the United 

7 States in accordance with section 7.5 of the Hydroelectric 

8 Settlement. 

9 (b) EFFECT OF TRANSFER.—On the transfer and 

10 without further action by Congress— 

11 (1) the Keno Development shall— 

12 (A) become part of the Klamath Reclama13 tion Project; and 

14 (B) be operated and maintained in accord15 ance with Federal reclamation law (the Act of 

16 June 17, 1902 (32 Stat. 388, chapter 1093)), 

17 and Acts supplemental to and amendatory of 

18 that Act (43 U.S.C. 371 et seq.) and this Act; 

19 and 

20 (2) Commission jurisdiction over the Keno De21 velopment shall terminate. 

22 SEC. 205. LIABILITY PROTECTION. 

23 (a) PACIFICORP.—Notwithstanding any other Fed24 eral, State, local, or other law (including common law), 

25 PacifiCorp shall not be liable for any harm to persons, 

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1 property, or the environment, or damages resulting from 

2 either facilities removal or facility operation, arising from, 

3 relating to, or triggered by actions associated with facili4 ties removal, including but not limited to any damage 

5 caused by the release of any material or substance, includ6 ing but not limited to hazardous substances. 

7 (b) FUNDING.—Notwithstanding any other Federal, 

8 State, local, or other law, no person or entity contributing 

9 funds for facilities removal pursuant to the Hydroelectric 

10 Settlement shall be held liable, solely by virtue of that 

11 funding, for any harm to persons, property, or the envi12 ronment, or damages arising from either facilities removal 

13 or facility operation, arising from, relating to, or triggered 

14 by actions associated with facilities removal, including any 

15 damage caused by the release of any material or sub16 stance, including hazardous substances. 

17 (c) PREEMPTION.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), notwithstanding section 10(c) of the Fed20 eral Power Act (16 U.S.C. 803(c)), protection from 

21 liability under this section preempts the laws of any 

22 State to the extent the laws are inconsistent with 

23 this title. 

24 (2) OTHER PROVISIONS OF LAW.—This title 

25 does not limit any otherwise available immunity, 

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1 privilege, or defense under any other provision of 

2 law. 

3 (d) APPLICATION.—Liability protection under this 

4 section shall apply to any particular facility beginning on 

5 the date of transfer of title to that facility from PacifiCorp 

6 to the Dam Removal Entity. 

7 SEC. 206. LICENSES. 

8 (a) ANNUAL LICENSES.— 

9 (1) IN GENERAL.—The Commission shall issue 

10 annual licenses authorizing PacifiCorp to continue to 

11 operate the facilities until PacifiCorp transfers title 

12 to all of the facilities. 

13 (2) TERMINATION.—The annual licenses shall 

14 terminate with respect to a facility on transfer of 

15 title for such facility from PacifiCorp to the Dam 

16 Removal Entity. 

17 (3) STAGED REMOVAL.— 

18 (A) IN GENERAL.—On transfer of title of 

19 any facility by PacifiCorp to the Dam Removal 

20 Entity, annual license conditions shall no longer 

21 be in effect with respect to such facility. 

22 (B) NONTRANSFER OF TITLE.—Annual li23 cense conditions shall remain in effect with re24 spect to any facility for which PacifiCorp has 

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1 ty to the extent compliance with the annual li2 cense conditions are not prevented by the re3 moval of any other facility. 

4 (b) JURISDICTION.—The jurisdiction of the Commis5 sion under part I of the Federal Power Act (16 U.S.C. 

6 791a et seq.) shall terminate with respect to a facility on 

7 the transfer of title for the facility from PacifiCorp to the 

8 Dam Removal Entity. 

9 (c) RELICENSING.— 

10 (1) IN GENERAL.—The Commission shall— 

11 (A) stay the proceeding of the Commission 

12 on the pending license application of PacifiCorp 

13 for Project No. 2082 as long as the Hydro14 electric Settlement remains in effect; and 

15 (B) resume the proceeding and proceed to 

16 take final action on the new license application 

17 only if the Hydroelectric Settlement terminates 

18 pursuant to section 8.11 of the Hydroelectric 

19 Settlement. 

20 (2) TERMINATION.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), if the Hydroelectric Settlement is 

23 terminated, the Secretarial determination under 

24 section 202(a) and findings of fact contained in 

25 the Secretarial determination shall not be admstockstill on DSK4VPTVN1PROD with BILLS

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1 missible or otherwise relied on in the pro2 ceedings of the Commission on the new license 

3 application. 

4 (B) LIMITATIONS.—If the Hydroelectric 

5 Settlement is terminated, the Commission, in 

6 proceedings on the new license application, shall 

7 not be bound by the record, findings, or deter8 mination of the Secretary under this section. 

9 (d) EAST SIDE AND WEST SIDE DEVELOPMENTS.— 

10 On filing by PacifiCorp of an application for surrender 

11 of the East Side and West Side Developments in Project 

12 No. 2082, the Commission shall issue an order approving 

13 partial surrender of the license for Project No. 2082, in14 cluding any reasonable and appropriate conditions, as pro15 vided in section 6.4.1 of the Hydroelectric Settlement. 

16 (e) FALL CREEK.—Notwithstanding subsection (b), 

17 not later than 60 days after the date of the transfer of 

18 the Iron Gate Facility to the Dam Removal Entity, the 

19 Commission shall resume timely consideration of the pend20 ing licensing application for the Fall Creek development 

21 pursuant to the Federal Power Act (16 U.S.C. 791a et 

22 seq.), regardless of whether PacifiCorp retains ownership 

23 of Fall Creek or transfers ownership to a new licensee. 

24 (f) IRON GATE HATCHERY.—Notwithstanding sec25 tion 8 of the Federal Power Act (16 U.S.C. 801), the 

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1 PacifiCorp Hatchery Facilities within the State of Cali2 fornia shall be transferred to the State of California at 

3 the time of transfer to the dam removal entity of the Iron 

4 Gate Hydro Development or such other time agreed by 

5 the Parties to the Hydroelectric Settlement. 

6 (g) TRANSFERS OF FACILITIES.—Notwithstanding 

7 section 8 of the Federal Power Act (16 U.S.C. 801), the 

8 transfer of PacifiCorp facilities to a non-Federal dam re9 moval entity consistent with the Hydroelectric Settlement 

10 and this title is authorized. 

11 SEC. 207. MISCELLANEOUS. 

12 (a) WATER RIGHTS.—Except as specifically provided 

13 in this title and the Hydroelectric Settlement, nothing in 

14 this title or the Hydroelectric Settlement shall create or 

15 determine water rights or affect water rights or water 

16 right claims in existence on the date of enactment of this 

17 Act. 

18 (b) TRIBAL RIGHTS.—Nothing in this title affect the 

19 rights of any Indian tribe secured by treaty, Executive 

20 order, or other law of the United States. 

21 (c) RELATIONSHIP TO OTHER FEDERAL LAWS.— 

22 Nothing in this title amends, supersedes, modifies or oth23 erwise affects— 

24 (1) the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); 

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1 (2) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); or 

3 (3) the Federal Water Pollution Control Act 

4 (33 U.S.C. 1251 et seq.), except to the extent sec5 tion 203 of this Act requires a permit under section 

6 404 of that Act (33 U.S.C. 1344) notwithstanding 

7 section 404(r) of that Act (33 U.S.C. 1344(r)). 

Æ 

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