II 

Calendar No. 577 

118TH CONGRESS 

2D SESSION S. 482 

To amend the Klamath Basin Water Supply Enhancement Act of 2000 

to provide the Secretary of the Interior with certain authorities with 

respect to projects affecting the Klamath Basin watershed, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Klamath Basin Water Supply Enhancement 

Act of 2000 to provide the Secretary of the Interior 

with certain authorities with respect to projects affecting 

the Klamath Basin watershed, 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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•S 482 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Klamath Power and 

3 Facilities Agreement Support Act’’. 

4 SEC. 2. KLAMATH PROJECT WATER AND POWER. 

5 (a) ADDRESSING WATER, POWER, AND FACILITIES

6 MANAGEMENT FOR IRRIGATION.—Section 4 of the Klam7 ath Basin Water Supply Enhancement Act of 2000 (Pub8 lic Law 106–498; 114 Stat. 2221; 132 Stat. 3886; 134 

9 Stat. 976) is amended— 

10 (1) in subsection (b), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) IN GENERAL.—Subject to appropriations 

13 and required environmental reviews, the Secretary is 

14 authorized to carry out activities, including entering 

15 into a contract or making financial assistance avail16 able through cooperative agreements or other meth17 ods, to plan, implement, and administer programs, 

18 including conservation and efficiency measures, land 

19 idling, and use of groundwater, to align water sup20 plies and demand for irrigation water users associ21 ated with the Klamath Project, with a primary em22 phasis on programs developed or endorsed by local 

23 entities comprised of representatives of those water 

24 users.’’; 

25 (2) in subsection (c), by adding at the end the 

26 following: 


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1 ‘‘(2) IMPLEMENTATION.— 

2 ‘‘(A) IN GENERAL.—Beginning not later 

3 than 180 days after the date of enactment of 

4 the Klamath Power and Facilities Agreement 

5 Support Act, the Secretary shall, through 1 or 

6 more cooperative agreements, financial assist7 ance agreements, or other methods, implement, 

8 or support the implementation of, the rec9 ommendations identified in the report described 

10 in paragraph (1) that the Secretary determines 

11 would lead to bringing the net delivered power 

12 cost for covered power use to an amount that 

13 is the same as, or less than, the power cost 

14 benchmark, subject to the availability of appro15 priations, on the fastest timeline practicable, 

16 with respect to near- and long-term actions. 

17 ‘‘(B) REQUIREMENT.—The implementation 

18 of recommendations under subparagraph (A) 

19 shall be carried out in accordance with— 

20 ‘‘(i) the report submitted under para21 graph (1); and 

22 ‘‘(ii) any reports submitted under 

23 paragraph (3). 

24 ‘‘(3) ADDITIONAL REPORTS.—Not later than 

25 April 30, 2025, and every 5 years thereafter, the 


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1 Secretary shall submit to each committee described 

2 in the matter preceding subparagraph (A) of para3 graph (1) a report that describes— 

4 ‘‘(A) any progress toward meeting the re5 quirements of this subsection; and 

6 ‘‘(B) any modifications or updates to the 

7 actions recommended under paragraph 

8 (1)(B).’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(d) RESTORATION ACTIVITIES.—The Secretary 

11 may— 

12 ‘‘(1) plan, design, construct, operate, and main13 tain projects in the Klamath Basin watershed, in14 cluding— 

15 ‘‘(A) facilities to reduce fish entrainment; 

16 ‘‘(B) projects that reduce or avoid impacts 

17 on aquatic resources of facilities involved in the 

18 storage or diversion of water for irrigation in 

19 the Klamath Project service area; and 

20 ‘‘(C) projects that restore habitats in the 

21 Klamath Basin watershed, including Tribal 

22 fishery resources held in trust; 

23 ‘‘(2) undertake studies, including feasibility 

24 studies, and improvements that the Secretary deter25 mines to be necessary to implement this subsection; 


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1 ‘‘(3) in implementing this subsection, enter into 

2 contracts, memoranda of understanding, financial 

3 assistance agreements, cost-sharing agreements, or 

4 other appropriate agreements with— 

5 ‘‘(A) State, Tribal, and local governmental 

6 agencies; and 

7 ‘‘(B) private parties; and 

8 ‘‘(4) accept and expend non-Federal funds in 

9 order to facilitate implementation of this subsection. 

10 ‘‘(e) GOALS.—The goals of activities under sub11 sections (b) and (d) shall include, as applicable— 

12 ‘‘(1) the short-term and long-term reduction 

13 and resolution of conflicts relating to water in the 

14 Klamath Basin watershed; and 

15 ‘‘(2) compatibility and utility for protecting nat16 ural resources throughout the Klamath Basin water17 shed, including the protection, preservation, and res18 toration of Klamath River Tribal fishery resources, 

19 particularly through collaboratively developed agree20 ments. 

21 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 

22 into 1 or more agreements with the Tulelake Irrigation 

23 District to reimburse the Tulelake Irrigation District for 

24 not more than 69 percent of the cost incurred by the 

25 Tulelake Irrigation District for the operation and mainteVerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482

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1 nance of Pumping Plant D, subject to the condition that 

2 the cost results in benefits to the United States. 

3 ‘‘(g) KENO AND LINK RIVER DAMS.—The Secretary 

4 shall comply with the terms of the agreement entitled 

5 ‘2016 Klamath Power and Facilities Agreement’, includ6 ing Attachment A to the agreement. 

7 ‘‘(h) REPLACEMENT OF C CANAL FLUME.— 

8 ‘‘(1) IN GENERAL.—The replacement of the C 

9 Canal flume within the Klamath Project shall be 

10 considered to be, and shall receive the treatment au11 thorized for, qualified emergency extraordinary oper12 ation and maintenance work in accordance with Fed13 eral reclamation law (the Act of June 17, 1902 (32 

14 Stat. 388, chapter 1093), and Acts supplemental to 

15 and amendatory of that Act (43 U.S.C. 371 et 

16 seq.)). 

17 ‘‘(2) CONTRACT.— 

18 ‘‘(A) IN GENERAL.—Not later than 180 

19 days after the date of receipt of a request from 

20 the Klamath Irrigation District to enter into a 

21 contract with the Klamath Irrigation District to 

22 amend the contract numbered 16–WC–20– 

23 4838, the Secretary shall enter into a contract 

24 with the Klamath Irrigation District providing 

25 that— 


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1 ‘‘(i) 35 percent of the total repayment 

2 obligation under the contract entered into 

3 under this subparagraph is nonreimburs4 able to the United States; and 

5 ‘‘(ii) 65 percent of the total repay6 ment obligation under the contract entered 

7 into under this subparagraph shall be re8 paid to the United States over a period of 

9 50 years. 

10 ‘‘(B) INCLUSION.—Although the Secretary 

11 shall not condition the agreement to the con12 tract entered into under subparagraph (A) on 

13 any other term, the contract may include other 

14 terms that are not less favorable to the con15 tractor than contract numbered 16–WC–20– 

16 4838.’’. 

17 (b) ADMINISTRATION; EFFECT.— 

18 (1) COMPLIANCE.—In implementing the amend19 ments made by this section, the Secretary of the In20 terior shall comply with— 

21 (A) the National Environmental Policy Act 

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

23 (B) the Endangered Species Act of 1973 

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

25 (C) all other applicable laws. 


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1 (2) EFFECT.—None of the amendments made 

2 by this section— 

3 (A) modify any authority or obligation of 

4 the United States with respect to any Tribal 

5 trust or treaty obligation of the United States; 

6 (B)(i) create or determine any water right; 

7 or 

8 (ii) affect any water right or water right 

9 claim in existence on the date of enactment of 

10 this Act; or 

11 (C) authorize the use of Federal funds for 

12 the physical deconstruction of the Iron Gate, 

13 Copco 1, Copco 2, or John C. Boyle Dam lo14 cated on the Klamath River in the States of 

15 California and Oregon. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Klamath Power and 

18 Facilities Agreement Support Act’’. 

19 SEC. 2. KLAMATH PROJECT WATER AND POWER. 

20 (a) ADDRESSING WATER, POWER, AND FACILITIES

21 MANAGEMENT FOR IRRIGATION.—Section 4 of the Klamath 

22 Basin Water Supply Enhancement Act of 2000 (Public 

23 Law 106–498; 114 Stat. 2221; 132 Stat. 3886) is amend24 ed— 

25 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (1), (2), 

2 and (3) as paragraphs (3), (4), and (6), respec3 tively; 

4 (B) by inserting before paragraph (3) (as so 

5 redesignated) the following: 

6 ‘‘(1) AGREEMENT.—The term ‘Agreement’ means 

7 the agreement entitled ‘2016 Klamath Power and Fa8 cilities Agreement’ and dated April 6, 2016. 

9 ‘‘(2) COVERED CONTRACTOR.—The term ‘covered 

10 contractor’ means— 

11 ‘‘(A) each Klamath Project Water User; and 

12 ‘‘(B) each landowner who is a Klamath 

13 Project contractor and receives water through 

14 transferred works of the Klamath Project that 

15 are operated by a Klamath Project Water User.’’; 

16 and 

17 (C) by inserting after paragraph (4) (as so 

18 redesignated) the following: 

19 ‘‘(5) KLAMATH PROJECT WATER USER.—The 

20 term ‘Klamath Project Water User’ means a Klamath 

21 Project contractor who is a party to the Agreement.’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(d) RESTORATION ACTIVITIES.— 

25 ‘‘(1) IN GENERAL.—The Secretary may— 


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•S 482 RS

1 ‘‘(A) plan, design, construct, operate, and 

2 maintain projects in the Klamath Basin water3 shed, including— 

4 ‘‘(i) facilities to reduce fish entrain5 ment; 

6 ‘‘(ii) projects that reduce or avoid im7 pacts on aquatic resources of facilities in8 volved in the storage or diversion of water 

9 for irrigation in the Klamath Project serv10 ice area; and 

11 ‘‘(iii) projects that restore habitats in 

12 the Klamath Basin watershed, including 

13 Tribal fishery resources held in trust; 

14 ‘‘(B) undertake studies, including feasibility 

15 studies, and improvements that the Secretary de16 termines to be necessary to implement this sub17 section; 

18 ‘‘(C) in implementing this subsection, enter 

19 into contracts, memoranda of understanding, fi20 nancial assistance agreements, cost-sharing 

21 agreements, or other appropriate agreements 

22 with— 

23 ‘‘(i) State, Tribal, and local govern24 mental agencies; and 

25 ‘‘(ii) private parties; and 


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1 ‘‘(D) accept and expend non-Federal funds 

2 in order to facilitate implementation of this sub3 section. 

4 ‘‘(2) COSTS.—A covered contractor shall not bear 

5 any costs associated with any evaluation, design, con6 struction, replacement, addition, or extraordinary 

7 maintenance activities carried out under paragraph 

8 (1). 

9 ‘‘(e) PUMPING PLANT D.—The Secretary may enter 

10 into 1 or more agreements with the Tulelake Irrigation Dis11 trict to reimburse the Tulelake Irrigation District for not 

12 more than 69 percent of the cost incurred by the Tulelake 

13 Irrigation District for the operation and maintenance of 

14 Pumping Plant D, subject to the condition that the cost re15 sults in public benefits to the United States. 

16 ‘‘(f) LINK RIVER DAM AND KENO FACILITY.— 

17 ‘‘(1) LINK RIVER DAM.— 

18 ‘‘(A) OPERATION.—Subject to applicable 

19 law, the Secretary shall operate Link River Dam 

20 to provide water for— 

21 ‘‘(i) diversion for the Klamath Project; 

22 and 

23 ‘‘(ii) consistent with existing contracts 

24 between covered contractors and the Sec25 retary, flood control. 


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1 ‘‘(B) RESPONSIBILITY FOR COSTS.— 

2 ‘‘(i) IN GENERAL.—Notwithstanding 

3 any existing contracts and except as pro4 vided in clause (ii), covered contractors 

5 shall not be responsible for any cost associ6 ated with Link River Dam or any related 

7 land, facilities, dikes, or levees around 

8 Upper Klamath Lake, including costs of 

9 construction, extraordinary operation and 

10 maintenance, rehabilitation, betterment, 

11 and liabilities. 

12 ‘‘(ii) ROUTINE OPERATIONS AND MAIN13 TENANCE WORK.— 

14 ‘‘(I) IN GENERAL.—Covered con15 tractors shall be responsible for the ap16 propriate share of routine operations 

17 and maintenance work associated with 

18 Link River Dam in accordance with 

19 the reclamation laws. 

20 ‘‘(II) ALLOCATION TO FISH AND

21 WILDLIFE BENEFITS.—The Secretary 

22 may allocate a proportionate share of 

23 the costs under subclause (I) to fish 

24 and wildlife benefits. 

25 ‘‘(2) KENO FACILITY.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall op2 erate the Keno Facility to maintain water levels 

3 upstream of Keno Dam to provide for diversion, 

4 canal maintenance, and flood control— 

5 ‘‘(i) consistent with— 

6 ‘‘(I) the contract between the Sec7 retary and PacifiCorp numbered 14– 

8 06–200–3579A and executed January 

9 4, 1968; and 

10 ‘‘(II) historic practice; and 

11 ‘‘(ii) subject to applicable law. 

12 ‘‘(B) COSTS.—A covered contractor shall 

13 not be responsible for any cost associated with 

14 the Keno Facility, including any responsibilities 

15 to landowners upstream of Keno Dam, including 

16 costs of construction, operations, maintenance, 

17 rehabilitation, betterment, liabilities, and any 

18 other costs. 

19 ‘‘(3) SUBSEQUENT TRANSFER OR ASSIGNMENT OF

20 RESPONSIBILITY.—If the Secretary subsequently 

21 transfers or assigns responsibility for the operation of 

22 Link River Dam or the Keno Dam or Keno Facility 

23 to any other person or entity, the assignment or 

24 transfer shall include assignment of the obligations 

25 and conditions under paragraphs (1) and (2).’’. 


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1 (b) ADMINISTRATION; EFFECT.— 

2 (1) COMPLIANCE.—In implementing the amend3 ments made by this section, the Secretary of the Inte4 rior shall comply with— 

5 (A) the National Environmental Policy Act 

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

7 (B) the Endangered Species Act of 1973 (16 

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

9 (C) all other applicable laws. 

10 (2) EFFECT.—None of the amendments made by 

11 this section— 

12 (A) modify any authority or obligation of 

13 the United States with respect to any Tribal 

14 trust or treaty obligation of the United States; 

15 (B)(i) create or determine any water right; 

16 or 

17 (ii) affect any water right or water right 

18 claim in existence on the date of enactment of 

19 this Act; or 

20 (C) authorize the use of Federal funds for 

21 the physical deconstruction of the Iron Gate, 

22 Copco 1, Copco 2, or John C. Boyle Dam located 

23 on the Klamath River in the States of California 

24 and Oregon. 


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Calendar No. 577 

118TH CONGRESS 

2D SESSION S. 482 

A BILL 

To amend the Klamath Basin Water Supply Enwatershed, and for other purposes. spect to projects affecting the Klamath Basin of the Interior with certain authorities with re- hancement Act of 2000 to provide the Secretary 

NOVEMBER 21, 2024 

Reported with an amendment 


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