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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 482 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Klamath Power and 
Facilities Agreement Support Act''.</DELETED>

<DELETED>SEC. 2. KLAMATH PROJECT WATER AND POWER.</DELETED>

<DELETED>    (a) Addressing Water, Power, and Facilities Management for 
Irrigation.--Section 4 of the Klamath Basin Water Supply Enhancement 
Act of 2000 (Public Law 106-498; 114 Stat. 2221; 132 Stat. 3886; 134 
Stat. 976) is amended--</DELETED>
        <DELETED>    (1) in subsection (b), by striking paragraph (1) 
        and inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--Subject to appropriations and 
        required environmental reviews, the Secretary is authorized to 
        carry out activities, including entering into a contract or 
        making financial assistance available through cooperative 
        agreements or other methods, to plan, implement, and administer 
        programs, including conservation and efficiency measures, land 
        idling, and use of groundwater, to align water supplies and 
        demand for irrigation water users associated with the Klamath 
        Project, with a primary emphasis on programs developed or 
        endorsed by local entities comprised of representatives of 
        those water users.'';</DELETED>
        <DELETED>    (2) in subsection (c), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(2) Implementation.--</DELETED>
                <DELETED>    ``(A) In general.--Beginning not later 
                than 180 days after the date of enactment of the 
                Klamath Power and Facilities Agreement Support Act, the 
                Secretary shall, through 1 or more cooperative 
                agreements, financial assistance agreements, or other 
                methods, implement, or support the implementation of, 
                the recommendations identified in the report described 
                in paragraph (1) that the Secretary determines would 
                lead to bringing the net delivered power cost for 
                covered power use to an amount that is the same as, or 
                less than, the power cost benchmark, subject to the 
                availability of appropriations, on the fastest timeline 
                practicable, with respect to near- and long-term 
                actions.</DELETED>
                <DELETED>    ``(B) Requirement.--The implementation of 
                recommendations under subparagraph (A) shall be carried 
                out in accordance with--</DELETED>
                        <DELETED>    ``(i) the report submitted under 
                        paragraph (1); and</DELETED>
                        <DELETED>    ``(ii) any reports submitted under 
                        paragraph (3).</DELETED>
        <DELETED>    ``(3) Additional reports.--Not later than April 
        30, 2025, and every 5 years thereafter, the Secretary shall 
        submit to each committee described in the matter preceding 
        subparagraph (A) of paragraph (1) a report that describes--
        </DELETED>
                <DELETED>    ``(A) any progress toward meeting the 
                requirements of this subsection; and</DELETED>
                <DELETED>    ``(B) any modifications or updates to the 
                actions recommended under paragraph (1)(B).''; 
                and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Restoration Activities.--The Secretary may--
</DELETED>
        <DELETED>    ``(1) plan, design, construct, operate, and 
        maintain projects in the Klamath Basin watershed, including--
        </DELETED>
                <DELETED>    ``(A) facilities to reduce fish 
                entrainment;</DELETED>
                <DELETED>    ``(B) projects that reduce or avoid 
                impacts on aquatic resources of facilities involved in 
                the storage or diversion of water for irrigation in the 
                Klamath Project service area; and</DELETED>
                <DELETED>    ``(C) projects that restore habitats in 
                the Klamath Basin watershed, including Tribal fishery 
                resources held in trust;</DELETED>
        <DELETED>    ``(2) undertake studies, including feasibility 
        studies, and improvements that the Secretary determines to be 
        necessary to implement this subsection;</DELETED>
        <DELETED>    ``(3) in implementing this subsection, enter into 
        contracts, memoranda of understanding, financial assistance 
        agreements, cost-sharing agreements, or other appropriate 
        agreements with--</DELETED>
                <DELETED>    ``(A) State, Tribal, and local 
                governmental agencies; and</DELETED>
                <DELETED>    ``(B) private parties; and</DELETED>
        <DELETED>    ``(4) accept and expend non-Federal funds in order 
        to facilitate implementation of this subsection.</DELETED>
<DELETED>    ``(e) Goals.--The goals of activities under subsections 
(b) and (d) shall include, as applicable--</DELETED>
        <DELETED>    ``(1) the short-term and long-term reduction and 
        resolution of conflicts relating to water in the Klamath Basin 
        watershed; and</DELETED>
        <DELETED>    ``(2) compatibility and utility for protecting 
        natural resources throughout the Klamath Basin watershed, 
        including the protection, preservation, and restoration of 
        Klamath River Tribal fishery resources, particularly through 
        collaboratively developed agreements.</DELETED>
<DELETED>    ``(f) Pumping Plant D.--The Secretary may enter into 1 or 
more agreements with the Tulelake Irrigation District to reimburse the 
Tulelake Irrigation District for not more than 69 percent of the cost 
incurred by the Tulelake Irrigation District for the operation and 
maintenance of Pumping Plant D, subject to the condition that the cost 
results in benefits to the United States.</DELETED>
<DELETED>    ``(g) Keno and Link River Dams.--The Secretary shall 
comply with the terms of the agreement entitled `2016 Klamath Power and 
Facilities Agreement', including Attachment A to the 
agreement.</DELETED>
<DELETED>    ``(h) Replacement of C Canal Flume.--</DELETED>
        <DELETED>    ``(1) In general.--The replacement of the C Canal 
        flume within the Klamath Project shall be considered to be, and 
        shall receive the treatment authorized for, qualified emergency 
        extraordinary operation and maintenance work in accordance with 
        Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093), and Acts supplemental to and amendatory of 
        that Act (43 U.S.C. 371 et seq.)).</DELETED>
        <DELETED>    ``(2) Contract.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date of receipt of a request from the Klamath 
                Irrigation District to enter into a contract with the 
                Klamath Irrigation District to amend the contract 
                numbered 16-WC-20-4838, the Secretary shall enter into 
                a contract with the Klamath Irrigation District 
                providing that--</DELETED>
                        <DELETED>    ``(i) 35 percent of the total 
                        repayment obligation under the contract entered 
                        into under this subparagraph is nonreimbursable 
                        to the United States; and</DELETED>
                        <DELETED>    ``(ii) 65 percent of the total 
                        repayment obligation under the contract entered 
                        into under this subparagraph shall be repaid to 
                        the United States over a period of 50 
                        years.</DELETED>
                <DELETED>    ``(B) Inclusion.--Although the Secretary 
                shall not condition the agreement to the contract 
                entered into under subparagraph (A) on any other term, 
                the contract may include other terms that are not less 
                favorable to the contractor than contract numbered 16-
                WC-20-4838.''.</DELETED>
<DELETED>    (b) Administration; Effect.--</DELETED>
        <DELETED>    (1) Compliance.--In implementing the amendments 
        made by this section, the Secretary of the Interior shall 
        comply with--</DELETED>
                <DELETED>    (A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); and</DELETED>
                <DELETED>    (C) all other applicable laws.</DELETED>
        <DELETED>    (2) Effect.--None of the amendments made by this 
        section--</DELETED>
                <DELETED>    (A) modify any authority or obligation of 
                the United States with respect to any Tribal trust or 
                treaty obligation of the United States;</DELETED>
                <DELETED>    (B)(i) create or determine any water 
                right; or</DELETED>
                <DELETED>    (ii) affect any water right or water right 
                claim in existence on the date of enactment of this 
                Act; or</DELETED>
                <DELETED>    (C) authorize the use of Federal funds for 
                the physical deconstruction of the Iron Gate, Copco 1, 
                Copco 2, or John C. Boyle Dam located on the Klamath 
                River in the States of California and Oregon.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Klamath Power and Facilities 
Agreement Support Act''.

SEC. 2. KLAMATH PROJECT WATER AND POWER.

    (a) Addressing Water, Power, and Facilities Management for 
Irrigation.--Section 4 of the Klamath Basin Water Supply Enhancement 
Act of 2000 (Public Law 106-498; 114 Stat. 2221; 132 Stat. 3886) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as paragraphs (3), (4), and (6), respectively;
                    (B) by inserting before paragraph (3) (as so 
                redesignated) the following:
            ``(1) Agreement.--The term `Agreement' means the agreement 
        entitled `2016 Klamath Power and Facilities Agreement' and 
        dated April 6, 2016.
            ``(2) Covered contractor.--The term `covered contractor' 
        means--
                    ``(A) each Klamath Project Water User; and
                    ``(B) each landowner who is a Klamath Project 
                contractor and receives water through transferred works 
                of the Klamath Project that are operated by a Klamath 
                Project Water User.''; and
                    (C) by inserting after paragraph (4) (as so 
                redesignated) the following:
            ``(5) Klamath project water user.--The term `Klamath 
        Project Water User' means a Klamath Project contractor who is a 
        party to the Agreement.''; and
            (2) by adding at the end the following:
    ``(d) Restoration Activities.--
            ``(1) In general.--The Secretary may--
                    ``(A) plan, design, construct, operate, and 
                maintain projects in the Klamath Basin watershed, 
                including--
                            ``(i) facilities to reduce fish 
                        entrainment;
                            ``(ii) projects that reduce or avoid 
                        impacts on aquatic resources of facilities 
                        involved in the storage or diversion of water 
                        for irrigation in the Klamath Project service 
                        area; and
                            ``(iii) projects that restore habitats in 
                        the Klamath Basin watershed, including Tribal 
                        fishery resources held in trust;
                    ``(B) undertake studies, including feasibility 
                studies, and improvements that the Secretary determines 
                to be necessary to implement this subsection;
                    ``(C) in implementing this subsection, enter into 
                contracts, memoranda of understanding, financial 
                assistance agreements, cost-sharing agreements, or 
                other appropriate agreements with--
                            ``(i) State, Tribal, and local governmental 
                        agencies; and
                            ``(ii) private parties; and
                    ``(D) accept and expend non-Federal funds in order 
                to facilitate implementation of this subsection.
            ``(2) Costs.--A covered contractor shall not bear any costs 
        associated with any evaluation, design, construction, 
        replacement, addition, or extraordinary maintenance activities 
        carried out under paragraph (1).
    ``(e) Pumping Plant D.--The Secretary may enter into 1 or more 
agreements with the Tulelake Irrigation District to reimburse the 
Tulelake Irrigation District for not more than 69 percent of the cost 
incurred by the Tulelake Irrigation District for the operation and 
maintenance of Pumping Plant D, subject to the condition that the cost 
results in public benefits to the United States.
    ``(f) Link River Dam and Keno Facility.--
            ``(1) Link river dam.--
                    ``(A) Operation.--Subject to applicable law, the 
                Secretary shall operate Link River Dam to provide water 
                for--
                            ``(i) diversion for the Klamath Project; 
                        and
                            ``(ii) consistent with existing contracts 
                        between covered contractors and the Secretary, 
                        flood control.
                    ``(B) Responsibility for costs.--
                            ``(i) In general.--Notwithstanding any 
                        existing contracts and except as provided in 
                        clause (ii), covered contractors shall not be 
                        responsible for any cost associated with Link 
                        River Dam or any related land, facilities, 
                        dikes, or levees around Upper Klamath Lake, 
                        including costs of construction, extraordinary 
                        operation and maintenance, rehabilitation, 
                        betterment, and liabilities.
                            ``(ii) Routine operations and maintenance 
                        work.--
                                    ``(I) In general.--Covered 
                                contractors shall be responsible for 
                                the appropriate share of routine 
                                operations and maintenance work 
                                associated with Link River Dam in 
                                accordance with the reclamation laws.
                                    ``(II) Allocation to fish and 
                                wildlife benefits.--The Secretary may 
                                allocate a proportionate share of the 
                                costs under subclause (I) to fish and 
                                wildlife benefits.
            ``(2) Keno facility.--
                    ``(A) In general.--The Secretary shall operate the 
                Keno Facility to maintain water levels upstream of Keno 
                Dam to provide for diversion, canal maintenance, and 
                flood control--
                            ``(i) consistent with--
                                    ``(I) the contract between the 
                                Secretary and PacifiCorp numbered 14-
                                06-200-3579A and executed January 4, 
                                1968; and
                                    ``(II) historic practice; and
                            ``(ii) subject to applicable law.
                    ``(B) Costs.--A covered contractor shall not be 
                responsible for any cost associated with the Keno 
                Facility, including any responsibilities to landowners 
                upstream of Keno Dam, including costs of construction, 
                operations, maintenance, rehabilitation, betterment, 
                liabilities, and any other costs.
            ``(3) Subsequent transfer or assignment of 
        responsibility.--If the Secretary subsequently transfers or 
        assigns responsibility for the operation of Link River Dam or 
        the Keno Dam or Keno Facility to any other person or entity, 
        the assignment or transfer shall include assignment of the 
        obligations and conditions under paragraphs (1) and (2).''.
    (b) Administration; Effect.--
            (1) Compliance.--In implementing the amendments made by 
        this section, the Secretary of the Interior shall comply with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) all other applicable laws.
            (2) Effect.--None of the amendments made by this section--
                    (A) modify any authority or obligation of the 
                United States with respect to any Tribal trust or 
                treaty obligation of the United States;
                    (B)(i) create or determine any water right; or
                    (ii) affect any water right or water right claim in 
                existence on the date of enactment of this Act; or
                    (C) authorize the use of Federal funds for the 
                physical deconstruction of the Iron Gate, Copco 1, 
                Copco 2, or John C. Boyle Dam located on the Klamath 
                River in the States of California and Oregon.
                                                       Calendar No. 577

118th CONGRESS

  2d Session

                                 S. 482

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```