II 

112TH CONGRESS 

1ST SESSION S. 1851 

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 SENATE OF THE UNITED STATES 

NOVEMBER 10, 2011 

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

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

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

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

6 means the Federal Energy Regulatory Commission. 

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

8 Removal Entity’’ means the entity designated by the 

9 Secretary pursuant to section 202(c). 

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

11 means the Department of the Interior. 

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

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

14 Hydroelectric Settlement. 

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

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

3 of the Hydroelectric Settlement. 

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

5 of the following hydropower developments (including 

6 appurtenant works) licensed to PacifiCorp under the 

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

8 Project No. 2082: 

9 (A) Iron Gate Development. 

10 (B) Copco 1 Development. 

11 (C) Copco 2 Development. 

12 (D) J.C. Boyle Development. 

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

14 removal’’ means— 

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

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

17 condition and volitional fish passage; 

18 (B) site remediation and restoration, in19 cluding restoration of previously inundated 

20 land; 

21 (C) measures to avoid or minimize adverse 

22 downstream impacts; and 

23 (D) all associated permitting for the ac24 tions described in this paragraph. 

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1 (8) FEDERALLY RECOGNIZED TRIBE.—The 

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

3 tribe listed as federally recognized in— 

4 (A) the Bureau of Indian Affairs publica5 tion entitled ‘‘Indian Entities Recognized and 

6 Eligible to Receive Services from the United 

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

8 40218 (Aug. 11, 2009)); or 

9 (B) any list published in accordance with 

10 section 104 of the Federally Recognized Indian 

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

12 (9) HYDROELECTRIC SETTLEMENT.— 

13 (A) IN GENERAL.—The term ‘‘Hydro14 electric Settlement’’ means the agreement enti15 tled ‘‘Klamath Hydroelectric Settlement Agree16 ment,’’ dated February 18, 2010, between— 

17 (i) the Department; 

18 (ii) the Department of Commerce; 

19 (iii) the State of California; 

20 (iv) the State of Oregon; 

21 (v) PacifiCorp; and 

22 (vi) other parties. 

23 (B) INCLUSIONS.—The term ‘‘Hydro24 electric Settlement’’ includes any amendments 

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1 to the Agreement described in subparagraph 

2 (A)— 

3 (i) approved by the parties before the 

4 date of enactment of this Act; or 

5 (ii) approved pursuant to section 

6 201(b)(2). 

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

8 Development’’ means the Keno regulating facility 

9 within the jurisdictional project boundary of FERC 

10 Project No. 2082. 

11 (11) KLAMATH BASIN.— 

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

13 Basin’’ means the land tributary to the Klam14 ath River in the States. 

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

16 Basin’’ includes the Lost River and Tule Lake 

17 Basins. 

18 (12) KLAMATH PROJECT WATER USERS.—The 

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

20 (A) the Tulelake Irrigation District; 

21 (B) the Klamath Irrigation District; 

22 (C) the Klamath Drainage District; 

23 (D) the Klamath Basin Improvement Dis24 trict; 

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1 (E) the Ady District Improvement Com2 pany; 

3 (F) the Enterprise Irrigation District; 

4 (G) the Malin Irrigation District; 

5 (H) the Midland District Improvement 

6 District; 

7 (I) the Pioneer District Improvement Com8 pany; 

9 (J) the Shasta View Irrigation District; 

10 (K) the Sunnyside Irrigation District; 

11 (L) Don Johnston & Son; 

12 (M) Bradley S. Luscombe; 

13 (N) Randy Walthall; 

14 (O) the Inter-County Title Company; 

15 (P) the Reames Golf and Country Club; 

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

17 (R) Van Brimmer Ditch Company; 

18 (S) Plevna District Improvement Com19 pany; and 

20 (T) Collins Products, LLC. 

21 (13) NET REVENUES.— 

22 (A) IN GENERAL.—The term ‘‘net reve23 nues’’ has the meaning given the term ‘‘net 

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

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1 14–06–200–5954 between Tulelake Irrigation 

2 District and the United States. 

3 (B) INCLUSIONS.—The term ‘‘net reve4 nues’’ includes revenues from the leasing of 

5 land in— 

6 (i) the Tule Lake National Wildlife 

7 Refuge lying within the boundaries of the 

8 Tulelake Irrigation District; and 

9 (ii) the Lower Klamath National 

10 Wildlife Refuge lying within the boundaries 

11 of the Klamath Drainage District. 

12 (14) NON-FEDERAL PARTIES.—The term ‘‘non13 Federal Parties’’ means each of the signatories to 

14 the Restoration Agreement other than the Secre15 taries. 

16 (15) OREGON KLAMATH BASIN ADJUDICA17 TION.—The term ‘‘Oregon Klamath Basin adjudica18 tion’’ means the proceeding to determine water 

19 rights pursuant to chapter 539 of Oregon Revised 

20 Statutes entitled ‘‘In the matter of the determina21 tion of the relative rights of the waters of the Klam22 ath River, a tributary of the Pacific Ocean.’’. 

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

24 means the owner and licensee of the Klamath Hy25 droelectric Project, FERC Project No. 2082. 

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

2 the signatories to the Restoration Agreement, in3 cluding the Secretaries. 

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

5 means— 

6 (A) the Yurok Tribe; 

7 (B) the Karuk Tribe; and 

8 (C) the Klamath Tribes. 

9 (19) RESTORATION AGREEMENT.— 

10 (A) RESTORATION AGREEMENT.—The 

11 term ‘‘Restoration Agreement’’ means the 

12 Agreement entitled ‘‘Klamath Basin Restora13 tion Agreement for the Sustainability of Public 

14 and Trust Resources and Affected Commu15 nities’’ dated February 18, 2010, which shall be 

16 on file and available for public inspection in the 

17 appropriate offices of the Secretaries. 

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

19 Agreement’’ includes any amendments to the 

20 Agreement described in subparagraph (A)— 

21 (i) approved by the parties before the 

22 date of enactment of this Act; or 

23 (ii) approved pursuant to section 

24 101(b)(2). 

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1 (20) SECRETARIAL DETERMINATION.—The 

2 term ‘‘Secretarial determination’’ means a deter3 mination of the Secretary made under section 

4 202(a). 

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

6 means— 

7 (A) the Secretary of the Interior or des8 ignee; 

9 (B) the Secretary of Commerce or des10 ignee; and 

11 (C) the Secretary of Agriculture or des12 ignee. 

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

14 means the Secretary of the Interior. 

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

16 (A) the State of Oregon; and 

17 (B) the State of California. 

18 TITLE I—RESTORATION 

19 AGREEMENT 

20 SEC. 101. APPROVAL AND EXECUTION OF RESTORATION 

21 AGREEMENT. 

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

23 Restoration Agreement except to the extent the Restora24 tion Agreement conflicts with this title. 

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1 (b) SIGNING AND IMPLEMENTATION OF THE RES2 TORATION AGREEMENT.—The Secretaries shall— 

3 (1) sign and implement the Restoration Agree4 ment; 

5 (2) implement any amendment to the Restora6 tion Agreement approved by the Parties after the 

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

8 the Secretaries determines, not later than 90 days 

9 after the date on which the non-Federal Parties 

10 agree to the amendment, that the amendment is in11 consistent with this title or other provisions of law; 

12 and 

13 (3) to the extent consistent with the Restora14 tion Agreement, this title, and other provisions of 

15 law, perform all actions necessary to carry out each 

16 responsibility of the Secretary concerned under the 

17 Restoration Agreement. 

18 (c) EFFECT OF SIGNING OF RESTORATION AGREE19 MENT.—Signature by the Secretaries of the Restoration 

20 Agreement does not constitute a major Federal action 

21 under the National Environmental Policy Act of 1969 (42 

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

23 (d) COMPLIANCE WITH EXISTING LAW.—In imple24 menting the Restoration Agreement, the Secretaries shall 

25 comply with— 

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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); 

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

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

5 (3) all other applicable Federal environmental 

6 laws (including regulations). 

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

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

9 such agreements and take such other measures (including 

10 entering into contracts and financial assistance agree11 ments) as the Secretaries consider necessary to carry out 

12 this title. 

13 (b) ACCEPTANCE AND EXPENDITURE OF NON-FED14 ERAL FUNDS.— 

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

16 United States Code, the Secretaries may accept and 

17 expend, without further appropriation, non-Federal 

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

19 both) and accept by donation or otherwise real or 

20 personal property or any interest in the property, for 

21 the purposes of implementing the Restoration Agree22 ment. 

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

24 property used, under paragraph (1) only for the purmstockstill on DSK4VPTVN1PROD with BILLS

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1 poses for which the funds and property were pro2 vided, without further appropriation or authority. 

3 SEC. 103. RIGHTS PROTECTED. 

4 Notwithstanding any other provision of law, this Act 

5 and implementation of the Restoration Agreement shall 

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

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

8 against any obligations or funds in existence on the date 

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

10 SEC. 104. FUNDING. 

11 (a) ESTABLISHMENT OF ACCOUNTS.—There are es12 tablished in the Treasury for the deposit of appropriations 

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

14 the following noninterest-bearing accounts: 

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

16 Management Fund. 

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

18 Reliance Fund. 

19 (3) The Klamath Drought Fund. 

20 (b) MANAGEMENT.—The accounts established by 

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

22 title and section 14.3 of the Restoration Agreement. 

23 (c) BUDGET REQUESTS.—When submitting annual 

24 budget requests to Congress, the President may include 

25 funding described in Appendix C–2 of the Restoration 

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1 Agreement with such adjustment as the President con2 siders appropriate to maintain timely implementation of 

3 the Restoration Agreement. 

4 (d) NONREIMBURSABLE.—Except as provided in sec5 tion 108(d), funds appropriated and expended for the im6 plementation of the Restoration Agreement shall be nonre7 imbursable and nonreturnable to the United States. 

8 (e) FUNDS AVAILABLE UNTIL EXPENDED.—All 

9 funds made available for the implementation of the Res10 toration Agreement shall remain available until expended. 

11 SEC. 105. KLAMATH RECLAMATION PROJECT. 

12 (a) KLAMATH RECLAMATION PROJECT PURPOSES.— 

13 The purposes of the Klamath Reclamation Project shall 

14 be irrigation, reclamation, flood control, municipal, indus15 trial, power (as necessary to implement the Restoration 

16 Agreement), National Wildlife Refuge, and fish and wild17 life. 

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

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

20 the fish and wildlife and National Wildlife Refuge 

21 purposes of the Klamath Reclamation Project shall 

22 not adversely affect the irrigation purpose of the 

23 Klamath Reclamation Project. 

24 (2) WATER ALLOCATIONS AND DELIVERY.—The 

25 provisions regarding water allocations and delivery 

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1 to the National Wildlife Refuges in section 15.1.2 of 

2 the Restoration Agreement (including any additional 

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

4 18.3.2.B.v of the Restoration Agreement) shall not 

5 be considered to have an adverse effect on the irriga6 tion purpose of the Klamath Reclamation Project. 

7 (c) WATER RIGHTS ADJUDICATION.—Notwith8 standing subsections (a) and (b), for purposes of the de9 termination of water rights in Oregon Klamath Basin Ad10 judication, until Appendix E–1 to the Restoration Agree11 ment has been filed in the Oregon Klamath Basin Adju12 dication, the 1 or more purposes of the Klamath Reclama13 tion Project shall continue as in existence prior to the date 

14 of enactment of this Act. 

15 (d) DISPOSITION OF NET REVENUES FROM LEASING

16 OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD17 LIFE REFUGE LAND.—Notwithstanding any other provi18 sion of law, net revenues from the leasing of refuge land 

19 within the Tule Lake National Wildlife Refuge and the 

20 Lower Klamath National Wildlife Refuge under section 4 

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

22 without further appropriation, as follows: 

23 (1) 10 percent of net revenues from land within 

24 the Tule Lake National Wildlife Refuge that are 

25 within the boundaries of Tulelake Irrigation District 

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1 shall be provided to the Tulelake Irrigation District 

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

3 200–5954 and section 2(a) of the Act of August 1, 

4 1956 (70 Stat. 799, chapter 828). 

5 (2) Such amounts as are necessary shall be 

6 used to make payment to counties in lieu of taxes 

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

8 (16 U.S.C. 695m). 

9 (3) 20 percent of net revenues shall be provided 

10 directly to the United States Fish and Wildlife Serv11 ice for wildlife management purposes on the Tule 

12 Lake National Wildlife Refuge and Lower Klamath 

13 National Wildlife Refuge. 

14 (4) 10 percent of net revenues from land within 

15 Lower Klamath National Wildlife Refuge that are 

16 within the boundaries of the Klamath Drainage Dis17 trict shall be provided directly to Klamath Drainage 

18 District for operation and maintenance responsibility 

19 for the Federal Reclamation water delivery and 

20 drainage facilities within the boundaries of both 

21 Klamath Drainage District and Lower Klamath Na22 tional Wildlife Refuge exclusive of the Klamath 

23 Straits Drain, subject to the assumption by the 

24 Klamath Drainage District of the operation and 

25 maintenance duties of the Bureau of Reclamation 

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1 for Klamath Drainage District (Area K) lease land 

2 exclusive of Klamath Straits Drain. 

3 (5) The remainder of net revenues shall be pro4 vided directly to the Bureau of Reclamation for— 

5 (A) operation and maintenance costs of 

6 Link River and Keno Dams incurred by the 

7 United States; and 

8 (B) to the extent that the revenues re9 ceived under this paragraph for any year exceed 

10 the costs described in subparagraph (A), future 

11 capital costs of the Klamath Reclamation 

12 Project. 

13 SEC. 106. TRIBAL COMMITMENTS AND ACTIONS. 

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

15 for the resolution of the contests of the Klamath Project 

16 Water Users related to the water rights claims of the 

17 Klamath Tribes and of the United States acting in a ca18 pacity as trustee for the Klamath Tribes and members of 

19 the Klamath Tribes in the Oregon Klamath Basin Adju20 dication and for other benefits covered by the Restoration 

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

22 of the Klamath Tribes and members of the Klamath 

23 Tribes) are authorized to make the commitments in the 

24 Restoration Agreement, including the assurances con25 tained in section 15 of the Restoration Agreement, and 

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1 such commitments are confirmed as effective and binding 

2 in accordance with the terms of the commitments without 

3 further action by the Klamath Tribes. 

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

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

6 Project Water Users related to water rights of the Karuk 

7 Tribe and the Yurok Tribe as described in the Restoration 

8 Agreement and for other benefits covered by the Restora9 tion Agreement and this Act, the Karuk Tribe and the 

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

11 those Tribes) are authorized to make the commitments 

12 provided in the Restoration Agreement, including the as13 surances contained in section 15 of the Restoration Agree14 ment, and such commitments are confirmed as effective 

15 and binding in accordance with the terms of the commit16 ments without further action by the Yurok Tribe or the 

17 Karuk Tribe. 

18 (c) RELEASE OF CLAIMS AGAINST THE UNITED

19 STATES.— 

20 (1) IN GENERAL.—Without affecting rights se21 cured by treaty, Executive order, or other law, the 

22 Party Tribes (on behalf of the Party Tribes and 

23 members of the Party Tribes) may relinquish and 

24 release certain claims against the United States, 

25 Federal agencies, or Federal employees, described in 

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

2 Restoration Agreement. 

3 (2) CONDITIONS.—The relinquishments and re4 leases shall not be in force or effect until the terms 

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

6 15.3.7.B.iii, and 33.2.1 of the Restoration Agree7 ment have been fulfilled. 

8 (d) RETENTION OF RIGHTS OF THE PARTY

9 TRIBES.—Notwithstanding the commitments and releases 

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

11 and the members of the Party Tribes shall retain all 

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

13 15.3.7.B.ii of the Restoration Agreement. 

14 (e) TOLLING OF CLAIMS.— 

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

16 the period of limitation and time-based equitable de17 fense relating to a claim described in subsection (c) 

18 shall be tolled during the period— 

19 (A) beginning on the date of enactment of 

20 this Act; and 

21 (B) ending on the earlier of— 

22 (i) the date the Secretary publishes 

23 the notice described in sections 15.3.5.C, 

24 15.3.6.B.iii and 15.3.7.B.iii of the Restora25 tion Agreement; or 

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1 (ii) December 1, 2030. 

2 (2) EFFECT OF TOLLING.—Nothing in this sub3 section— 

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

5 limitation or time-based equitable defense that 

6 expired before the date of enactment of this 

7 Act; or 

8 (B) precludes the tolling of any period of 

9 limitations or any time-based equitable defense 

10 under any other applicable law. 

11 (f) ACTIONS OF THE UNITED STATES ACTING IN CA12 PACITY AS TRUSTEE.—In return for the commitments of 

13 the Klamath Project Water Users relating to the water 

14 rights and water rights claims of federally recognized 

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

16 trustee for such tribes and other benefits covered by the 

17 Restoration Agreement and this Act, the United States, 

18 as trustee on behalf of the federally recognized tribes of 

19 the Klamath Basin and allottees of reservations of feder20 ally recognized tribes of the Klamath Basin in California, 

21 is authorized to make the commitments provided in the 

22 Restoration Agreement, including the assurances con23 tained in section 15 of the Restoration Agreement, and 

24 such commitments are confirmed as effective and binding 

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1 in accordance with the terms of the commitments, without 

2 further action by the United States. 

3 (g) FURTHER AGREEMENTS.—The United States 

4 and the Klamath Tribes may enter into agreements con5 sistent with section 16.2 of the Restoration Agreement. 

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

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

8 take actions— 

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

10 sovereign capacity of the United States, includ11 ing any laws relating to health, safety, or the 

12 environment, including— 

13 (i) the Federal Water Pollution Con14 trol Act (33 U.S.C. 1251 et seq.); 

15 (ii) the Safe Drinking Water Act (42 

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

17 (iii) the Solid Waste Disposal Act (42 

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

19 (iv) the Comprehensive Environmental 

20 Response, Compensation, and Liability Act 

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

22 (v) regulations implementing the Acts 

23 described in this subparagraph; 

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1 (B) as trustee for the benefit of federally 

2 recognized tribes other than the federally recog3 nized tribes of the Klamath Basin; 

4 (C) as trustee for the federally recognized 

5 tribes of the Klamath Basin and the members 

6 of the tribes that are consistent with the Res7 toration Agreement and this title; 

8 (D) as trustee for the Party Tribes to en9 force the Restoration Agreement and this title 

10 through such legal and equitable remedies as 

11 may be available in the appropriate Federal or 

12 State court or administrative proceeding, in13 cluding the Oregon Klamath Basin Adjudica14 tion; 

15 (E) as trustee for the federally recognized 

16 tribes of the Klamath Basin to acquire water 

17 rights after the effective date of the Restoration 

18 Agreement (as defined in section 1.5.1 of the 

19 Restoration Agreement); 

20 (F) as trustee for the federally recognized 

21 tribes of the Klamath Basin to use and protect 

22 water rights, including water rights acquired 

23 after the effective date of the Restoration 

24 Agreement (as defined in section 1.5.1 of the 

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1 Restoration Agreement), subject to the Restora2 tion Agreement; or 

3 (G) as trustee for the federally recognized 

4 tribes of the Klamath Basin to claim water 

5 rights or continue to advocate for existing 

6 claims for water rights in appropriate Federal 

7 and State courts or administrative proceedings 

8 with jurisdiction over the claims, subject to the 

9 Restoration Agreement; 

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

11 pasturing, or gathering rights of any Indian tribe ex12 cept to the extent expressly provided in this title or 

13 the Restoration Agreement; or 

14 (3) affects any rights, remedies, privileges, im15 munities, and powers, and claims not specifically re16 linquished and released under, or limited by, this 

17 title or the Restoration Agreement. 

18 (i) PUBLICATION OF NOTICE; EFFECT OF PUBLICA19 TION.— 

20 (1) PUBLICATION.—The Secretary shall publish 

21 the notice required by section 15.3.4.A or section 

22 15.3.4.C of the Restoration Agreement in accord23 ance with the Restoration Agreement. 

24 (2) EFFECT.—On publication of the notice de25 scribed in paragraph (1), the Party Tribes, the 

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1 United States as trustee for the federally recognized 

2 tribes of the Klamath Basin, and other Parties shall 

3 have the rights and obligations provided in the Res4 toration Agreement. 

5 (j) FISHERIES PROGRAMS.—Consistent with section 

6 102(a), the Secretaries shall give priority to qualified 

7 Party Tribes in awarding grants, contracts, or other 

8 agreements, consistent with section 102, for purposes of 

9 implementing the fisheries programs described in part III 

10 of the Restoration Agreement. 

11 (k) TRIBES OUTSIDE KLAMATH BASIN UNAF12 FECTED.—Nothing in this Act or the Restoration Agree13 ment affects the rights of any Indian tribe outside the 

14 Klamath Basin. 

15 (l) NONPARTY TRIBES OF THE KLAMATH BASIN UN16 AFFECTED.—Nothing in this Act or the Restoration 

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

18 federally recognized tribes of the Klamath Basin, other 

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

20 tribes hold or may be determined to hold. 

21 SEC. 107. JUDICIAL REVIEW. 

22 Judicial review of a decision of the Secretary con23 cerning rights or obligations under sections 15.3.5.C, 

24 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, and 15.3.9 of the Res25 toration Agreement shall be in accordance with the standmstockstill on DSK4VPTVN1PROD with BILLS

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1 ard and scope of review under subchapter II of chapter 

2 5, and chapter 7, of title 5, United States Code (commonly 

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

4 SEC. 108. MISCELLANEOUS. 

5 (a) WATER RIGHTS.— 

6 (1) IN GENERAL.—Except as specifically pro7 vided in this title and the Restoration Agreement, 

8 nothing in this title or the Restoration Agreement 

9 shall create or determine water rights or affect 

10 water rights or water right claims in existence on 

11 the date of enactment of this Act. 

12 (2) NO STANDARD FOR QUANTIFICATION.— 

13 Nothing in this title or the Restoration Agreement 

14 establishes any standard for the quantification of 

15 Federal reserved water rights or any Indian water 

16 claims of any Indian tribe in any judicial or adminis17 trative proceeding. 

18 (b) LIMITATIONS.— 

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

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

21 not a party to the Restoration Agreement a pri22 vate right of action or claim for relief to inter23 pret or enforce this title or the Restoration 

24 Agreement; or 

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1 (B) expands the jurisdiction of State 

2 courts to review Federal agency actions or de3 termine Federal rights. 

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

5 curtail any right of action or claim for relief under 

6 other applicable law. 

7 (c) RELATIONSHIP TO CERTAIN OTHER FEDERAL

8 LAW.— 

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

10 supersedes, modifies, or otherwise affects— 

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

12 et seq.); 

13 (B) the National Wildlife Refuge System 

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

15 et seq.); 

16 (C) the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.); 

18 (D) the Federal Water Pollution Control 

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

20 (E) the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

22 (2) CONSISTENCY.—The Restoration Agree23 ment shall be considered consistent with subsections 

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

25 1952 (66 Stat. 560, chapter 651; 43 U.S.C. 666). 

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1 (d) TERMINATION OF RESTORATION AGREEMENT.— 

2 If the Restoration Agreement terminates— 

3 (1) any appropriated Federal funds provided to 

4 a Party by the Secretaries that are unexpended at 

5 the time of the termination of the Restoration 

6 Agreement shall be returned to the Treasury; and 

7 (2) any appropriated Federal funds provided to 

8 a Party by the Secretaries shall be treated as an off9 set against any claim for damages by the Party aris10 ing under the Restoration Agreement. 

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

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

13 Agreement shall be from willing sellers. 

14 TITLE II—HYDROELECTRIC 

15 SETTLEMENT 

16 SEC. 201. APPROVAL AND EXECUTION OF HYDROELECTRIC 

17 SETTLEMENT. 

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

19 Hydroelectric Settlement, except to the extent the Hydro20 electric Settlement conflicts with this title. 

21 (b) IMPLEMENTATION.—The Secretary, the Sec22 retary of Commerce, and the Commission, or designees, 

23 shall implement, in consultation with other applicable Fed24 eral agencies— 

25 (1) the Hydroelectric Settlement; and 

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1 (2) any amendment to the Hydroelectric Settle2 ment, unless 1 or more of the Secretaries deter3 mines, not later than 90 days after the date the non4 Federal Parties agree to the amendment, that the 

5 amendment is inconsistent with this title. 

6 SEC. 202. SECRETARIAL DETERMINATION. 

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

8 consistent with section 3 of the Hydroelectric Settlement, 

9 whether to proceed with facilities removal and may deter10 mine to proceed with facilities removal if, as determined 

11 by the Secretary, facilities removal— 

12 (1) will advance restoration of the salmonid 

13 fisheries of the Klamath Basin; and 

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

15 potential impacts on affected local communities and 

16 federally recognized Indian tribes among other fac17 tors. 

18 (b) BASIS FOR SECRETARIAL DETERMINATION.—To 

19 support the Secretarial determination, the Secretary, in 

20 cooperation with the Secretary of Commerce and other en21 tities, shall— 

22 (1) use existing information; 

23 (2) conduct any necessary further appropriate 

24 studies; 

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1 (3) prepare an environmental document under 

2 the National Environmental Policy Act of 1969 (42 

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

4 (4) take such other actions as the Secretary de5 termines to be appropriate. 

6 (c) DESIGNATION OF DAM REMOVAL ENTITY.— 

7 (1) IN GENERAL.—If the Secretarial determina8 tion provides for proceeding with facilities removal, 

9 the Secretarial determination shall include the des10 ignation of a Dam Removal Entity. 

11 (2) REQUIREMENTS.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the Dam Removal Entity designated 

14 by the Secretary shall be the Department if the 

15 Secretary determines, in the judgment of the 

16 Secretary, that— 

17 (i) the Department has the capabili18 ties and responsibilities for facilities re19 moval described in section 7 of the Hydro20 electric Settlement; and 

21 (ii) it is appropriate for the Depart22 ment to be the Dam Removal Entity. 

23 (B) NON-FEDERAL DAM REMOVAL ENTI24 TY.—As determined by the Secretary consistent 

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1 ment, the Secretary may designate a non-Fed2 eral Dam Removal Entity if— 

3 (i) the Secretary finds, based on the 

4 judgment of the Secretary, that the Dam 

5 Removal Entity-designate is qualified and 

6 has the capabilities and responsibilities for 

7 facilities removal described in section 7 of 

8 the Hydroelectric Settlement; 

9 (ii) the States have concurred in the 

10 finding described in clause (i); and 

11 (iii) the Dam Removal Entity-des12 ignate has committed, if so designated, to 

13 perform facilities removal within the State 

14 Cost Cap described in section 4.1.3 of the 

15 Hydroelectric Settlement. 

16 (d) CONDITIONS FOR SECRETARIAL DETERMINA17 TION.—The Secretary may not make or publish the Secre18 tarial determination, unless the conditions specified in sec19 tion 3.3.4 of the Hydroelectric Settlement have been satis20 fied. 

21 (e) NOTICE.—The Secretary shall— 

22 (1) publish notification of the Secretarial deter23 mination in the Federal Register; and 

24 (2) submit to the Committee on Energy and 

25 Natural Resources of the Senate and the Committee 

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1 on Natural Resources of the House of Representa2 tives a report on implementation of the Hydro3 electric Settlement. 

4 (f) JUDICIAL REVIEW OF SECRETARIAL DETERMINA5 TION.— 

6 (1) IN GENERAL.—For purposes of judicial re7 view, the Secretarial determination shall constitute a 

8 final agency action with respect to whether or not to 

9 proceed with facilities removal. 

10 (2) PETITION FOR REVIEW.— 

11 (A) FILING.— 

12 (i) IN GENERAL.—Judicial review of 

13 the Secretarial determination and related 

14 actions to comply with environmental laws 

15 (including the National Environmental 

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

17 seq.), the Endangered Species Act of 1973 

18 (16 U.S.C. 1531 et seq.), and the National 

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

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

21 person or entity only as provided in this 

22 subsection. 

23 (ii) JURISDICTION.—A petition for re24 view under this paragraph may be filed 

25 only in the United States Court of Appeals 

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1 for the District of Columbia Circuit or in 

2 the Ninth Circuit Court of Appeals. 

3 (iii) LIMITATION.—Neither a district 

4 court of the United States nor a State 

5 court shall have jurisdiction to review the 

6 Secretarial determination or related actions 

7 to comply with environmental laws de8 scribed in clause (i). 

9 (B) DEADLINE.— 

10 (i) IN GENERAL.—Except as provided 

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

12 this subsection shall be filed within 60 

13 days after the date of publication of the 

14 Secretarial determination in the Federal 

15 Register. 

16 (ii) SUBSEQUENT GROUNDS.—If a pe17 tition is based solely on grounds arising 

18 after the date that is 60 days after the 

19 date of publication of the Secretarial deter20 mination in the Federal Register, the peti21 tion for review under this subsection shall 

22 be filed not later than 60 days after the 

23 grounds arise. 

24 (3) IMPLEMENTATION.—Any action of the Sec25 retary with respect to which review could have been 

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1 obtained under this paragraph shall not be subject 

2 to judicial review in any action relating to the imple3 mentation of the Secretarial determination or in pro4 ceedings for enforcement of the Hydroelectric Settle5 ment. 

6 (4) APPLICABLE STANDARD AND SCOPE.—Judi7 cial review of the Secretarial determination shall be 

8 in accordance with the standard and scope of review 

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

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

11 ‘‘Administrative Procedure Act’’). 

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

13 reconsideration by the Secretary of an action subject 

14 to review under this subsection shall not— 

15 (A) affect the finality of the action for pur16 poses of judicial review; 

17 (B) extend the time within which a petition 

18 for judicial review under this subsection may be 

19 filed; or 

20 (C) postpone the effectiveness of the ac21 tion. 

22 SEC. 203. FACILITIES TRANSFER AND REMOVAL. 

23 (a) FACILITIES REMOVAL PROCESS.— 

24 (1) APPLICATION.—This subsection shall apply 

25 if— 

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1 (A) the Secretarial determination provides 

2 for proceeding with facilities removal; 

3 (B) the States concur in the Secretarial 

4 determination in accordance with section 3.3.5 

5 of the Hydroelectric Settlement; 

6 (C) the availability of non-Federal funds 

7 for the purposes of facilities removal is con8 sistent with the Hydroelectric Settlement; and 

9 (D) the Hydroelectric Settlement has not 

10 terminated in accordance with section 8.11 of 

11 the Hydroelectric Settlement. 

12 (2) NON-FEDERAL FUNDS.— 

13 (A) IN GENERAL.—Notwithstanding title 

14 31, United States Code, if the Department is 

15 designated as the Dam Removal Entity, the 

16 Secretary may accept, expend without further 

17 appropriation, and manage non-Federal funds 

18 for the purpose of facilities removal in accord19 ance with sections 4 and 7 of the Hydroelectric 

20 Settlement. 

21 (B) REFUND.—The Secretary is author22 ized to administer and refund any funds de23 scribed in subparagraph (A) received from the 

24 State of California in accordance with the re25 quirements established by the State. 

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1 (3) AGREEMENTS.—The Dam Removal Entity 

2 may enter into agreements and contracts as nec3 essary to assist in the implementation of the Hydro4 electric Settlement. 

5 (4) FACILITIES REMOVAL.— 

6 (A) IN GENERAL.—The Dam Removal En7 tity shall, consistent with the Hydroelectric Set8 tlement— 

9 (i) develop a definite plan for facilities 

10 removal, including a schedule for facilities 

11 removal; 

12 (ii) obtain all permits, authorizations, 

13 entitlements, certifications, and other ap14 provals necessary to implement facilities 

15 removal, including a permit under section 

16 404 of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1344); and 

18 (iii) implement facilities removal. 

19 (B) STATE AND LOCAL LAWS.—Facilities 

20 removal shall be subject to applicable require21 ments of State and local laws respecting per22 mits and other authorizations, to the extent the 

23 requirements are not in conflict with Federal 

24 law, including the Secretarial determination and 

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1 the detailed plan (including the schedule) for 

2 facilities removal authorized under this Act. 

3 (C) LIMITATIONS.—Subparagraph (B) 

4 shall not affect— 

5 (i) the authorities of the States re6 garding concurrence with the Secretarial 

7 determination in accordance with State 

8 law; or 

9 (ii) the authority of a State public 

10 utility commission regarding funding of fa11 cilities removal. 

12 (D) ACCEPTANCE OF TITLE TO FACILI13 TIES.—The Dam Removal Entity is authorized 

14 to accept from PacifiCorp all rights, titles, per15 mits, and other interests in the facilities and as16 sociated land, for facilities removal and for dis17 position of facility land (as provided in section 

18 7.6.4 of the Hydroelectric Settlement) upon the 

19 Dam Removal Entity providing notice that the 

20 Dam Removal Entity is ready to commence fa21 cilities removal in accordance with section 7.4.1 

22 of the Hydroelectric Settlement. 

23 (E) CONTINUED POWER GENERATION.— 

24 (i) IN GENERAL.—In accordance with 

25 an agreement negotiated under clause (ii), 

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1 on transfer of title pursuant to subpara2 graph (D) and until the Dam Removal En3 tity instructs PacifiCorp to cease the gen4 eration of power, PacifiCorp may, con5 sistent with State law— 

6 (I) continue generating and re7 taining title to any power generated 

8 by the facilities in accordance with 

9 section 7 of the Hydroelectric Settle10 ment; and 

11 (II) continue to transmit and use 

12 the power for the benefit of the cus13 tomers of PacifiCorp under the juris14 diction of applicable State public util15 ity commissions and the Commission. 

16 (ii) AGREEMENT WITH DAM REMOVAL

17 ENTITY.—Before transfer of title pursuant 

18 to subparagraph (D), the Dam Removal 

19 Entity shall enter into an agreement with 

20 PacifiCorp that provides for continued gen21 eration of power in accordance with clause 

22 (i). 

23 (b) JURISDICTION.—The United States district 

24 courts shall have original jurisdiction over all claims re25 garding the consistency of State and local laws regarding 

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1 permits and other authorizations, and of State and local 

2 actions pursuant to those laws, with the Secretarial deter3 mination and the detailed plan (including the schedule) 

4 for facilities removal authorized under this title. 

5 (c) NO PRIVATE RIGHT OF ACTION.— 

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

7 on any person or entity not a party to the Hydro8 electric Settlement a private right of action or claim 

9 for relief to interpret or enforce this title or the Hy10 droelectric Settlement. 

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

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

13 under any other applicable law. 

14 SEC. 204. TRANSFER OF KENO DEVELOPMENT. 

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

16 transfer of title in the Keno Development to the United 

17 States in accordance with section 7.5 of the Hydroelectric 

18 Settlement. 

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

20 without further action by Congress— 

21 (1) the Keno Development shall— 

22 (A) become part of the Klamath Reclama23 tion Project; and 

24 (B) be operated and maintained in accord25 ance with Federal reclamation law (the Act of 

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

2 and Acts supplemental to and amendatory of 

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

4 and 

5 (2) Commission jurisdiction over the Keno De6 velopment shall terminate. 

7 SEC. 205. LIABILITY PROTECTION. 

8 (a) PACIFICORP.—Notwithstanding any other Fed9 eral, State, local, or other law (including common law), 

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

11 property, or the environment, or damages resulting from 

12 either facilities removal or facility operation, arising from, 

13 relating to, or triggered by actions associated with facili14 ties removal, including but not limited to any damage 

15 caused by the release of any material or substance, includ16 ing but not limited to hazardous substances. 

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

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

19 funds for facilities removal pursuant to the Hydroelectric 

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

21 funding, for any harm to persons, property, or the envi22 ronment, or damages arising from either facilities removal 

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

24 by actions associated with facilities removal, including any 

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1 damage caused by the release of any material or sub2 stance, including hazardous substances. 

3 (c) PREEMPTION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), notwithstanding section 10(c) of the Fed6 eral Power Act (16 U.S.C. 803(c)), protection from 

7 liability under this section preempts the laws of any 

8 State to the extent the laws are inconsistent with 

9 this title. 

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

11 does not limit any otherwise available immunity, 

12 privilege, or defense under any other provision of 

13 law. 

14 (d) APPLICATION.—Liability protection under this 

15 section shall apply to any particular facility beginning on 

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

17 to the Dam Removal Entity. 

18 SEC. 206. LICENSES. 

19 (a) ANNUAL LICENSES.— 

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

21 annual licenses authorizing PacifiCorp to continue to 

22 operate the facilities until PacifiCorp transfers title 

23 to all of the facilities. 

24 (2) TERMINATION.—The annual licenses shall 

25 terminate with respect to a facility on transfer of 

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1 title for such facility from PacifiCorp to the Dam 

2 Removal Entity. 

3 (3) STAGED REMOVAL.— 

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

5 any facility by PacifiCorp to the Dam Removal 

6 Entity, annual license conditions shall no longer 

7 be in effect with respect to such facility. 

8 (B) NONTRANSFER OF TITLE.—Annual li9 cense conditions shall remain in effect with re10 spect to any facility for which PacifiCorp has 

11 not transferred title to the Dam Removal Enti12 ty to the extent compliance with the annual li13 cense conditions are not prevented by the re14 moval of any other facility. 

15 (b) JURISDICTION.—The jurisdiction of the Commis16 sion under part I of the Federal Power Act (16 U.S.C. 

17 791a et seq.) shall terminate with respect to a facility on 

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

19 Dam Removal Entity. 

20 (c) RELICENSING.— 

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

22 (A) stay the proceeding of the Commission 

23 on the pending license application of PacifiCorp 

24 for Project No. 2082 as long as the Hydro25 electric Settlement remains in effect; and 

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1 (B) resume the proceeding and proceed to 

2 take final action on the new license application 

3 only if the Hydroelectric Settlement terminates 

4 pursuant to section 8.11 of the Hydroelectric 

5 Settlement. 

6 (2) TERMINATION.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), if the Hydroelectric Settlement is 

9 terminated, the Secretarial determination under 

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

11 the Secretarial determination shall not be ad12 missible or otherwise relied on in the pro13 ceedings of the Commission on the new license 

14 application. 

15 (B) LIMITATIONS.—If the Hydroelectric 

16 Settlement is terminated, the Commission, in 

17 proceedings on the new license application, shall 

18 not be bound by the record, findings, or deter19 mination of the Secretary under this section. 

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

21 On filing by PacifiCorp of an application for surrender 

22 of the East Side and West Side Developments in Project 

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

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1 cluding any reasonable and appropriate conditions, as pro2 vided in section 6.4.1 of the Hydroelectric Settlement. 

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

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

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

6 Commission shall resume timely consideration of the pend7 ing licensing application for the Fall Creek development 

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

9 seq.), regardless of whether PacifiCorp retains ownership 

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

11 (f) IRON GATE HATCHERY.—Notwithstanding sec12 tion 8 of the Federal Power Act (16 U.S.C. 801), the 

13 PacifiCorp Hatchery Facilities within the State of Cali14 fornia shall be transferred to the State of California at 

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

16 Gate Hydro Development or such other time agreed by 

17 the Parties to the Hydroelectric Settlement. 

18 (g) TRANSFERS OF FACILITIES.—Notwithstanding 

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

20 transfer of PacifiCorp facilities to a non-Federal dam re21 moval entity consistent with the Hydroelectric Settlement 

22 and this title is authorized. 

23 SEC. 207. MISCELLANEOUS. 

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

25 in this title and the Hydroelectric Settlement, nothing in 

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1 this title or the Hydroelectric Settlement shall create or 

2 determine water rights or affect water rights or water 

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

4 Act. 

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

6 rights of any Indian tribe secured by treaty, Executive 

7 order, or other law of the United States. 

8 (c) RELATIONSHIP TO OTHER FEDERAL LAWS.— 

9 Nothing in this title amends, supersedes, modifies or oth10 erwise affects— 

11 (1) the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.); 

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

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

15 (3) the Federal Water Pollution Control Act 

16 (33 U.S.C. 1251 et seq.), except to the extent sec17 tion 203 of this Act requires a permit under section 

18 404 of that Act (33 U.S.C. 1344) notwithstanding 

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

Æ 

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