II 

114TH CONGRESS 

1ST SESSION S. 133 

To approve and implement the Klamath Basin agreements, to improve natural 

resource management, support economic development, and sustain agricultural production in the Klamath River Basin in the public interest 

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2015 

Mr. WYDEN (for himself, Mr. MERKLEY, Mrs. BOXER, and Mrs. FEINSTEIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To approve and implement the Klamath Basin agreements, 

to improve natural resource management, support economic development, and sustain agricultural production 

in the Klamath River Basin 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. 

4 This Act may be cited as the ‘‘Klamath Basin Water 

5 Recovery and Economic Restoration Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

2 means each of— 

3 (A) the Restoration Agreement; and 

4 (B) the Upper Basin Agreement. 

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

6 means the Federal Energy Regulatory Commission. 

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

8 removal’’ means— 

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

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

11 condition and volitional fish passage; 

12 (B) site remediation and restoration, in13 cluding restoration of previously inundated 

14 land; 

15 (C) measures to avoid or minimize adverse 

16 downstream impacts; and 

17 (D) all associated permitting for the ac18 tions described in this paragraph. 

19 (4) FACILITY.—The term ‘‘facility’’ means the 

20 following 1 or more hydropower facilities (including 

21 appurtenant works licensed to PacifiCorp) within the 

22 jurisdictional boundary of the Klamath Hydroelectric 

23 Project, FERC Project No. 2082 (as applicable): 

24 (A) Iron Gate Dam. 

25 (B) Copco No. 1 Dam. 


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1 (C) Copco No. 2 Dam. 

2 (D) J.C. Boyle Dam. 

3 (5) GOVERNORS.—The term ‘‘Governors’’ 

4 means— 

5 (A) the Governor of the State of Oregon; 

6 and 

7 (B) the Governor of the State of Cali8 fornia. 

9 (6) HYDROELECTRIC SETTLEMENT.—The term 

10 ‘‘Hydroelectric Settlement’’ means the agreement 

11 entitled ‘‘Klamath Hydroelectric Settlement Agree12 ment’’ and dated February 18, 2010 (including any 

13 amendments to that agreement approved pursuant 

14 to section 3(a)). 

15 (7) JOINT MANAGEMENT ENTITY.—The term 

16 ‘‘Joint Management Entity’’ means the entity that— 

17 (A) is comprised of the Landowner Entity, 

18 the Klamath Tribes, the United States, and the 

19 State of Oregon; 

20 (B) represents the interests of the parties 

21 to the Upper Basin Agreement; and 

22 (C) is responsible for overseeing implemen23 tation of the Upper Basin Agreement, as de24 scribed in section 7 of the Upper Basin Agree25 ment. 


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1 (8) JOINT MANAGEMENT ENTITY TECHNICAL

2 TEAM.—The term ‘‘Joint Management Entity Tech3 nical Team’’ means the group of specialists ap4 pointed by the Joint Management Entity as provided 

5 for in section 7.8 of the Upper Basin Agreement. 

6 (9) KENO FACILITY.—The term ‘‘Keno Facil7 ity’’ means the dam located in Klamath County, Or8 egon, land underlying the dam, appurtenant facili9 ties, and PacifiCorp-owned property described as 

10 Klamath County Map Tax Lot R-3907-03600- 

11 00200-000. 

12 (10) KLAMATH BASIN.— 

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

14 Basin’’ means the land tributary to the Klam15 ath River in Oregon and California. 

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

17 Basin’’ includes the Lost River and Tule Lake 

18 Basins. 

19 (11) KLAMATH PROJECT.— 

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

21 Project’’ means the Bureau of Reclamation 

22 project in the States of California and Oregon, 

23 as authorized under the Act of June 17, 1902 

24 (32 Stat. 388, chapter 1093). 


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1 (B) INCLUSIONS.—The term ‘‘Klamath 

2 Project’’ includes any dams, canals, and other 

3 works and interests for water diversion, storage, 

4 delivery, and drainage, flood control, and simi5 lar functions that are part of the project de6 scribed in subparagraph (A). 

7 (12) KLAMATH PROJECT WATER USERS.—The 

8 term ‘‘Klamath Project Water Users’’ has the mean9 ing given the term in the Restoration Agreement. 

10 (13) LANDOWNER ENTITY.—The term ‘‘Land11 owner Entity’’ means the entity established pursuant 

12 to section 8 of the Upper Basin Agreement. 

13 (14) OFF-PROJECT AREA.—The term ‘‘Off14 Project Area’’ means— 

15 (A) the areas within the Sprague River, 

16 Sycan River, Williamson River, and Wood Val17 ley (including the Wood River, Crooked Creek, 

18 Sevenmile Creek, Fourmile Creek, and Crane 

19 Creek) subbasins referred to in Exhibit B of the 

20 Upper Basin Agreement; and 

21 (B) to the extent provided for in the Upper 

22 Basin Agreement, any other areas for which 

23 claims described by section 1.3 or 2.5.1 of the 

24 Upper Basin Agreement are settled as provided 


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1 for in section 2.5.1 of the Upper Basin Agree2 ment. 

3 (15) OFF-PROJECT IRRIGATOR.—The term 

4 ‘‘Off-Project Irrigator’’ means any person that is— 

5 (A)(i) a claimant for water rights for irri6 gation uses in the Off-Project Area in Oregon’s 

7 Klamath Basin Adjudication; or 

8 (ii) a holder of a State of Oregon water 

9 right permit or certificate for irrigation use in 

10 the Off-Project Area; and 

11 (B) a Party to the Upper Basin Agree12 ment. 

13 (16) OREGON’S KLAMATH BASIN ADJUDICA14 TION.—The term ‘‘Oregon’s Klamath Basin adju15 dication’’ means the proceeding to determine surface 

16 water rights pursuant to chapter 539 of the Oregon 

17 Revised Statutes entitled ‘‘In the matter of the de18 termination of the relative rights of the waters of 

19 the Klamath River, a tributary of the Pacific 

20 Ocean’’, in the Circuit Court of the State of Oregon 

21 for the County of Klamath, numbered WA 1300001. 

22 (17) PACIFICORP.—The term ‘‘PacifiCorp’’ 

23 means the owner and licensee of the facility (as of 

24 the date of enactment of this Act). 


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1 (18) PARTY TRIBES.—The term ‘‘Party tribes’’ 

2 means— 

3 (A) the Yurok Tribe; 

4 (B) the Karuk Tribe; 

5 (C) the Klamath Tribes; and 

6 (D) such other federally recognized tribes 

7 of the Klamath Basin as may become party to 

8 the Restoration Agreement after the date of en9 actment of this Act. 

10 (19) RESTORATION AGREEMENT.—The term 

11 ‘‘Restoration Agreement’’ means the agreement enti12 tled ‘‘Klamath River Basin Restoration Agreement 

13 for the Sustainability of Public and Trust Resources 

14 and Affected Communities’’ and dated February 18, 

15 2010 (including amendments adopted prior to the 

16 date of enactment of this Act and any further 

17 amendments to that agreement approved pursuant 

18 to section 3(a)). 

19 (20) RIPARIAN PROGRAM.—The term ‘‘Riparian 

20 Program’’ means the program described in section 4 

21 of the Upper Basin Agreement. 

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

23 means the Secretary of the Interior. 

24 (22) SECRETARIES.—The term ‘‘Secretaries’’ 

25 means each of— 


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1 (A) the Secretary of the Interior; 

2 (B) the Secretary of Commerce; and 

3 (C) the Secretary of Agriculture. 

4 (23) SETTLEMENTS.—The term ‘‘Settlements’’ 

5 means each of— 

6 (A) the Hydroelectric Settlement; 

7 (B) the Restoration Agreement; and 

8 (C) the Upper Basin Agreement. 

9 (24) UPPER BASIN AGREEMENT.—The term 

10 ‘‘Upper Basin Agreement’’ means the agreement en11 titled ‘‘Upper Klamath Basin Comprehensive Agree12 ment’’ and dated April 18, 2014 (including any 

13 amendments to that agreement approved pursuant 

14 to section 3(a)). 

15 (25) WATER USE PROGRAM.—The term ‘‘Water 

16 Use Program’’ means the program described in sec17 tion 3 of the Upper Basin Agreement and section 

18 16.2 of the Restoration Agreement. 

19 SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTA20 TION OF SETTLEMENTS. 

21 (a) RATIFICATION OF SETTLEMENTS.— 

22 (1) IN GENERAL.—Except as modified by this 

23 Act, and to the extent that the Settlements do not 

24 conflict with this Act, the Settlements are author25 ized, ratified, and confirmed. 


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1 (2) AMENDMENTS CONSISTENT WITH THIS

2 ACT.—If any amendment is executed to make any of 

3 the Settlements consistent with this Act, the amend4 ment is also authorized, ratified, and confirmed to 

5 the extent the amendment is consistent with this 

6 Act. 

7 (3) FURTHER AMENDMENTS.—If any amend8 ment to any of the Settlements is executed by the 

9 parties to the applicable Settlement after the date of 

10 enactment of this Act, unless the Secretary, the Sec11 retary of Commerce, or Secretary of Agriculture de12 termines, not later than 90 days after the date on 

13 which the non-Federal parties agree to the amend14 ment, that the amendment is inconsistent with this 

15 Act or other provisions of law, the amendment is 

16 also authorized, ratified, and confirmed to the extent 

17 the amendment— 

18 (A) is not inconsistent with this Act or 

19 other provisions of law; 

20 (B) is executed in a manner consistent 

21 with the terms of the applicable Settlement; and 

22 (C) does not require congressional approval 

23 pursuant to section 2116 of the Revised Stat24 utes (25 U.S.C. 177) or other applicable Fed25 eral law. 


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1 (b) EXECUTION AND IMPLEMENTATION OF SETTLE2 MENTS.— 

3 (1) THE AGREEMENTS.— 

4 (A) IN GENERAL.—As authorized, ratified, 

5 and confirmed pursuant to subsection (a)— 

6 (i) the Secretary, the Secretary of 

7 Commerce, and the Secretary of Agri8 culture shall promptly execute and imple9 ment the Restoration Agreement; and 

10 (ii) the Secretary and the Secretary of 

11 Commerce shall promptly execute and im12 plement the Upper Basin Agreement. 

13 (B) EFFECT OF EXECUTING AGREE14 MENTS.—Notwithstanding subsection (l), execu15 tion by the applicable Secretaries under sub16 paragraph (A) of either Agreement shall not be 

17 considered a major Federal action under the 

18 National Environmental Policy Act of 1969 (42 

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

20 (C) PARTICIPATION IN THE UPPER BASIN

21 AGREEMENT.—As provided for in the Upper 

22 Basin Agreement and as part of implementing 

23 the Upper Basin Agreement, the Secretary and 

24 the Secretary of Commerce may— 


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1 (i) participate in the Water Use Pro2 gram and in the Riparian Program; and 

3 (ii) serve as members of the Joint 

4 Management Entity representing the Bu5 reau of Indian Affairs, the United States 

6 Fish and Wildlife Service, the United 

7 States Geological Survey, and the National 

8 Marine Fisheries Service of the Depart9 ment of Commerce, with the Secretary 

10 serving as the voting member, as described 

11 in section 7.1.5 of the Upper Basin Agree12 ment. 

13 (2) HYDROELECTRIC SETTLEMENT.—To the ex14 tent that the Hydroelectric Settlement does not con15 flict with this Act, the Secretary, the Secretary of 

16 Commerce, and the Commission shall implement the 

17 Hydroelectric Settlement, in consultation with other 

18 applicable Federal agencies. 

19 (c) FEDERAL RESPONSIBILITIES.—To the extent 

20 consistent with the Settlements, this Act, and other provi21 sions of law, the Secretary, the Secretary of Commerce, 

22 the Secretary of Agriculture, and the Commission shall 

23 perform all actions necessary to carry out each responsi24 bility of the Secretary, the Secretary of Commerce, the 


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1 Secretary of Agriculture, and the Commission, respec2 tively, under the Settlements. 

3 (d) ENVIRONMENTAL COMPLIANCE.—In imple4 menting the Settlements, the Secretaries and the Commis5 sion shall comply with— 

6 (1) the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.); 

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

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

10 (3) all other applicable law. 

11 (e) PUBLICATION OF NOTICE; EFFECT OF PUBLICA12 TION.— 

13 (1) RESTORATION AGREEMENT.— 

14 (A) PUBLICATION.—The Secretary shall 

15 publish the notice required by section 15.3.4.A 

16 or section 15.3.4.C of the Restoration Agree17 ment, as applicable, in accordance with the Res18 toration Agreement. 

19 (B) EFFECT OF PUBLICATION.—Publica20 tion of the notice described in subparagraph (A) 

21 shall have the effects on the commitments, 

22 rights, and obligations of the Party tribes, the 

23 United States (as trustee for the federally rec24 ognized tribes of the Klamath Basin), and other 


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1 parties to the Restoration Agreement provided 

2 for in the Restoration Agreement. 

3 (2) UPPER BASIN AGREEMENT.— 

4 (A) PUBLICATION.—The Secretary shall 

5 publish the notice required by section 10.1 of 

6 the Upper Basin Agreement if all requirements 

7 of section 10 of the Upper Basin Agreement 

8 have been fulfilled, including the requirement 

9 for notice by the Klamath Tribes of the willing10 ness of the Tribes to proceed with the Upper 

11 Basin Agreement following enactment of au12 thorizing legislation as described in section 

13 10.1.10 or 10.2 of the Upper Basin Agreement, 

14 as applicable, in accordance with the Upper 

15 Basin Agreement. 

16 (B) EFFECT OF PUBLICATION.— 

17 (i) PERMANENCY.—On publication of 

18 the notice required under section 10.1 of 

19 the Upper Basin Agreement, the Upper 

20 Basin Agreement shall become permanent. 

21 (ii) TERMINATION.—On publication of 

22 the notice required under section 10.2 of 

23 the Upper Basin Agreement, the Upper 

24 Basin Agreement shall terminate, accord25 ing to the terms of that section. 


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1 (3) JUDICIAL REVIEW.— 

2 (A) IN GENERAL.—Judicial review of a de3 cision of the Secretary pursuant to this sub4 section shall be in accordance with the standard 

5 and scope of review under subchapter II of 

6 chapter 5, and chapter 7, of title 5, United 

7 States Code (commonly known as the ‘‘Admin8 istrative Procedure Act’’). 

9 (B) DEADLINE.—Any petition for review 

10 under this subparagraph shall be filed not later 

11 than 1 year after the date of publication of the 

12 notice required under this paragraph. 

13 (f) ELIGIBILITY FOR FUNDS PROTECTED.—Notwith14 standing any other provision of law, nothing in this Act 

15 or the implementation of the Settlements, other than as 

16 explicitly provided for in this Act or the Settlements— 

17 (1) restricts or alters the eligibility of any party 

18 to any of the Settlements, or of any Indian tribe, for 

19 the receipt of funds; or 

20 (2) shall be considered an offset against any ob21 ligations or funds in existence on the date of enact22 ment of this Act, under any Federal or State law. 

23 (g) TRIBAL RIGHTS PROTECTED.—Nothing in this 

24 Act or the Settlements— 


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1 (1) affects the rights of any Indian tribe out2 side the Klamath Basin; or 

3 (2) amends, alters, or limits the authority of 

4 the Indian tribes of the Klamath Basin to exercise 

5 any water rights the Indian tribes hold or may be 

6 determined to hold except as expressly provided in 

7 the Agreements. 

8 (h) WATER RIGHTS.— 

9 (1) IN GENERAL.—Except as specifically pro10 vided in this Act and the Settlements, nothing in 

11 this Act or the Settlements creates or determines 

12 water rights or affects water rights or water right 

13 claims in existence on the date of enactment of this 

14 Act. 

15 (2) NO STANDARD FOR QUANTIFICATION.— 

16 Nothing in this Act or the Settlements establishes 

17 any standard for the quantification of Federal re18 served water rights or any water claims of any In19 dian tribe in any judicial or administrative pro20 ceeding. 

21 (i) WILLING SELLERS.—Any acquisition of interests 

22 in land or water pursuant to either Agreement shall be 

23 from willing sellers. 

24 (j) NO PRIVATE RIGHT OF ACTION.— 


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1 (1) IN GENERAL.—Nothing in this Act confers 

2 on any person or entity not a party to the Settle3 ments a private right of action or claim for relief to 

4 interpret or enforce this Act or the Settlements. 

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

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

7 under any other applicable law. 

8 (k) STATE COURTS.—Nothing in this Act expands 

9 the jurisdiction of State courts to review Federal agency 

10 actions or determine Federal rights. 

11 (l) RELATIONSHIP TO CERTAIN OTHER FEDERAL

12 LAW.— 

13 (1) IN GENERAL.—Nothing in this Act amends, 

14 supersedes, modifies, or otherwise affects— 

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

16 et seq.), except as provided in section 4(c); 

17 (B) the National Wildlife Refuge System 

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

19 et seq.); 

20 (C) the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.); 

22 (D) the National Environmental Policy Act 

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

24 (E) the Federal Water Pollution Control 

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1 tent section 8(b)(4) of this Act requires a per2 mit under section 404 of that Act (33 U.S.C. 

3 1344), notwithstanding section 404(r) of that 

4 Act (33 U.S.C. 1344(r)); 

5 (F) the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

7 (G) the Treaty between the United States 

8 and the Klamath and Moadoc Tribes and the 

9 Yahooskin Band of Snake Indians dated Octo10 ber 14, 1864 (16 Stat. 707); or 

11 (H) the Klamath Indian Tribe Restoration 

12 Act (25 U.S.C. 566 et seq.). 

13 (2) CONSISTENCY.—The Agreements shall be 

14 considered consistent with subsections (a) through 

15 (c) of section 208 of the Department of Justice Ap16 propriation Act, 1953 (43 U.S.C. 666). 

17 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

18 actions of the Joint Management Entity and the 

19 Joint Management Entity Technical Team shall not 

20 be subject to the Federal Advisory Committee Act (5 

21 U.S.C. App.). 

22 (m) WAIVER OF SOVEREIGN IMMUNITY BY THE

23 UNITED STATES.—Except as provided in subsections (a) 

24 through (c) of section 208 of the Department of Justice 

25 Appropriations Act, 1953 (43 U.S.C. 666), nothing in this 


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1 Act or the implementation of the Settlements waives the 

2 sovereign immunity of the United States. 

3 (n) WAIVER OF SOVEREIGN IMMUNITY BY THE

4 PARTY TRIBES.—Nothing in this Act waives or abrogates 

5 the sovereign immunity of the Party tribes. 

6 SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES. 

7 (a) KLAMATH PROJECT PURPOSES.— 

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

9 and subsection (b), the purposes of the Klamath 

10 Project include— 

11 (A) irrigation; 

12 (B) reclamation; 

13 (C) flood control; 

14 (D) municipal; 

15 (E) industrial; 

16 (F) power; 

17 (G) fish and wildlife purposes; and 

18 (H) National Wildlife Refuge purposes. 

19 (2) EFFECT OF FISH AND WILDLIFE PUR20 POSES.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the fish and wildlife and National 

23 Wildlife Refuge purposes of the Klamath 

24 Project authorized under paragraph (1) shall 


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1 not adversely affect the irrigation purpose of 

2 the Klamath Project. 

3 (B) WATER ALLOCATIONS AND DELIV4 ERY.—Notwithstanding subparagraph (A), the 

5 water allocations and delivery to the National 

6 Wildlife Refuges provided for in the Restoration 

7 Agreement shall not constitute an adverse effect 

8 on the irrigation purpose of the Klamath 

9 Project for purposes of this paragraph. 

10 (b) WATER RIGHTS ADJUDICATION.—For purposes 

11 of the determination of water rights in Oregon’s Klamath 

12 Basin adjudication, until the date on which the Appendix 

13 E–1 to the Restoration Agreement is filed in Oregon’s 

14 Klamath Basin adjudication pursuant to the Restoration 

15 Agreement, the purposes of the Klamath Project shall be 

16 the purposes in effect on the day before the date of enact17 ment of this Act. 

18 (c) DISPOSITION OF NET REVENUES FROM LEASING

19 OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD20 LIFE REFUGE LAND.—Net revenues from the leasing of 

21 refuge land within the Tule Lake National Wildlife Refuge 

22 and Lower Klamath National Wildlife Refuge under sec23 tion 4 of Public Law 88–567 (78 Stat. 851) (commonly 

24 known as the ‘‘Kuchel Act’’) shall be provided as follows: 

25 (1) Directly, without further appropriation: 


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1 (A) 10 percent of net revenues from land 

2 within the Tule Lake National Wildlife Refuge 

3 that are within the boundaries of Tulelake Irri4 gation District to Tulelake Irrigation District, 

5 as provided in article 4 of Contract No. 14–06– 

6 200–5954 and section 2(a) of the Act of August 

7 1, 1956 (70 Stat. 799, chapter 828). 

8 (B) Such amounts as are necessary to 

9 counties as payments in lieu of taxes as pro10 vided in section 3 of Public Law 88–567 (16 

11 U.S.C. 695m). 

12 (2) Subject to appropriation and, when so ap13 propriated, notwithstanding any other provision of 

14 law: 

15 (A) 20 percent of net revenues to the 

16 Klamath Basin National Wildlife Refuge Com17 plex of the United States Fish and Wildlife 

18 Service, for wildlife management purposes on 

19 the Tule Lake National Wildlife Refuge and the 

20 Lower Klamath National Wildlife Refuge. 

21 (B) 10 percent of net revenues from land 

22 within the Lower Klamath National Wildlife 

23 Refuge that are within the boundaries of the 

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1 sponsibility for the Federal reclamation water 

2 delivery and drainage facilities within the 

3 boundaries of the Klamath Drainage District 

4 and the Lower Klamath National Wildlife Ref5 uge exclusive of the Klamath Straits Drain, 

6 subject to a transfer agreement with the Bu7 reau of Reclamation under which the Klamath 

8 Drainage District assumes the operation and 

9 maintenance duties of the Bureau of Reclama10 tion for Klamath Drainage District (Area K) 

11 lease land exclusive of Klamath Straits Drain. 

12 (C) The remainder of net revenues after 

13 application of paragraph (1) and subparagraphs 

14 (A) and (B) of this paragraph to the Bureau of 

15 Reclamation for— 

16 (i) operation and maintenance costs of 

17 Link River and Keno Dams incurred by 

18 the United States; and 

19 (ii) to the extent that the revenues re20 ceived under this paragraph for any year 

21 exceed the costs described in clause (i)— 

22 (I) future capital costs of the 

23 Klamath Project; or 

24 (II) the Renewable Power Pro25 gram described in section 17.7 of the 


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1 Restoration Agreement, pursuant to 

2 an expenditure plan submitted to and 

3 approved by the Secretary. 

4 SEC. 5. TRIBAL COMMITMENTS; RELEASE OF CLAIMS. 

5 (a) ACTIONS BY KLAMATH TRIBES.— 

6 (1) RESTORATION AGREEMENT COMMITMENTS

7 ACKNOWLEDGED AND AGREED TO.—In consideration 

8 for the resolution of any contest or exception of the 

9 Klamath Project Water Users to the water rights 

10 claims of the Klamath Tribes and the United States 

11 (acting as trustee for the Klamath Tribes and mem12 bers of the Klamath Tribes in Oregon’s Klamath 

13 Basin adjudication), and for the other commitments 

14 of the Klamath Project Water Users described in the 

15 Restoration Agreement, and for other benefits de16 scribed in the Restoration Agreement and this Act, 

17 the Klamath Tribes (on behalf of the Klamath 

18 Tribes and the members of the Klamath Tribes) 

19 may make the commitments provided in the Restora20 tion Agreement. 

21 (2) UPPER BASIN AGREEMENT COMMITMENTS

22 ACKNOWLEDGED AND AGREED TO.—In consideration 

23 for the resolution of any contest or exception of the 

24 Off-Project Irrigators to the water rights claims of 

25 the Klamath Tribes and the United States (acting 


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1 as trustee for the Klamath Tribes and members of 

2 the Klamath Tribes in Oregon’s Klamath Basin ad3 judication), and for the other commitments of the 

4 Off-Project Irrigators described in the upper Basin 

5 Agreement, and for other benefits described in the 

6 Upper Basin Agreement and this Act, the Klamath 

7 Tribes (on behalf of the Klamath Tribes and the 

8 members of the Klamath Tribes) may make the 

9 commitments provided in the Upper Basin Agree10 ment. 

11 (3) NO FURTHER ACTION REQUIRED.—Except 

12 as provided in subsection (c), the commitments de13 scribed in paragraphs (1) and (2) are confirmed as 

14 effective and binding, in accordance with the terms 

15 of the commitments, without further action by the 

16 Klamath Tribes. 

17 (4) ADDITIONAL COMMITMENTS.—The Klamath 

18 Tribes (on behalf of the tribe and the members of 

19 the tribe) may make additional commitments and as20 surances in exchange for the resolution of its claims 

21 described in section 1.3.1 or 2.5.1 of the Upper 

22 Basin Agreement, subject to the conditions that the 

23 commitments and assurances shall be— 


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1 (A) consistent with this Act, the Settle2 ments, and other applicable provisions of law, 

3 based on the totality of the circumstances; and 

4 (B) covered by a written agreement signed 

5 by the Klamath Tribes and the United States 

6 (acting as trustee for the tribe and the mem7 bers of the tribe in Oregon’s Klamath Basin ad8 judication) pursuant to subsection (f). 

9 (b) ACTIONS BY KARUK TRIBE AND YUROK

10 TRIBE.— 

11 (1) COMMITMENTS ACKNOWLEDGED AND

12 AGREED TO.—In consideration for the commitments 

13 of the Klamath Project Water Users described in the 

14 Restoration Agreement, and other benefits described 

15 in the Restoration Agreement and this Act, the 

16 Karuk Tribe and the Yurok Tribe (on behalf of the 

17 tribe and the members of the tribe) may make the 

18 commitments provided in the Restoration Agree19 ment. 

20 (2) NO FURTHER ACTION REQUIRED.—Except 

21 as provided in subsection (c), the commitments de22 scribed in paragraph (1) are confirmed as effective 

23 and binding, in accordance with the terms of the 

24 commitments, without further action by the Yurok 

25 Tribe or Karuk Tribe. 


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1 (c) RELEASE OF CLAIMS BY PARTY TRIBES.— 

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

3 subsection (d), and the Agreements, but without oth4 erwise affecting any right secured by a treaty, Exec5 utive order, or other law, the Party tribes (on behalf 

6 of the tribes and the members of the tribes) may re7 linquish and release certain claims against the 

8 United States (including any Federal agencies and 

9 employees) described in sections 15.3.5.A, 

10 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agree11 ment and, in the case of the Klamath Tribes, section 

12 2.5 of the Upper Basin Agreement. 

13 (2) CONDITIONS.—The relinquishments and re14 leases under paragraph (1) shall not take force or 

15 effect until the terms described in sections 15.3.5.C, 

16 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 

17 33.2.1 of the Restoration Agreement and sections 

18 2.4 and 10 of the Upper Basin Agreement have been 

19 fulfilled. 

20 (d) RETENTION OF RIGHTS OF PARTY TRIBES.— 

21 Notwithstanding subsections (a) through (c) or any other 

22 provision of this Act, the Party tribes (on behalf of the 

23 tribes and the members of the tribes) and the United 

24 States (acting as trustee for the Party tribes), shall re25 tain— 


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1 (1) all claims and rights described in sections 

2 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restora3 tion Agreement; and 

4 (2) any other claims and rights retained by the 

5 Party Tribes in negotiations pursuant to section 

6 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Res7 toration Agreement. 

8 (e) TOLLING OF CLAIMS.— 

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

10 the period of limitation and time-based equitable de11 fense relating to a claim described in subsection (c) 

12 shall be tolled during the period— 

13 (A) beginning on the date of enactment of 

14 this Act; and 

15 (B) ending on the earlier of— 

16 (i) the date on which the Secretary 

17 publishes the notice described in sections 

18 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of 

19 the Restoration Agreement; or 

20 (ii) December 1, 2030. 

21 (2) EFFECT OF TOLLING.—Nothing in this sub22 section— 

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

24 limitation or time-based equitable defense that 


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1 expired before the date of enactment of this 

2 Act; or 

3 (B) precludes the tolling of any period of 

4 limitation or any time-based equitable defense 

5 under any other applicable law. 

6 (f) ACTIONS OF UNITED STATES AS TRUSTEE.— 

7 (1) RESTORATION AGREEMENT COMMITMENTS

8 AUTHORIZED.—In consideration for the commit9 ments of the Klamath Project Water Users de10 scribed in the Restoration Agreement and for other 

11 benefits described in the Restoration Agreement and 

12 this Act, the United States, acting as trustee for the 

13 federally recognized tribes of the Klamath Basin and 

14 the members of such tribes, may make the commit15 ments provided in the Restoration Agreement. 

16 (2) UPPER BASIN AGREEMENT COMMITMENTS

17 AUTHORIZED.—In consideration for the commit18 ments of the Off-Project Irrigators described in the 

19 Upper Basin Agreement and for other benefits de20 scribed in the Upper Basin Agreement and this Act, 

21 the United States, acting as trustee for the Klamath 

22 Tribes and the members of the Klamath Tribes, may 

23 make the commitments provided in the Upper Basin 

24 Agreement. 


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1 (3) NO FURTHER ACTION.—The commitments 

2 described in paragraphs (1) and (2) are confirmed 

3 as effective and binding, in accordance with the 

4 terms of the commitments, without further action by 

5 the United States. 

6 (4) ADDITIONAL COMMITMENTS.—The United 

7 States, acting as trustee for the Klamath Tribes and 

8 the members of the Klamath Tribes in Oregon’s 

9 Klamath Basin Adjudication, may make additional 

10 commitments and assurances of rights in exchange 

11 for the resolution of the tribal water right claims de12 scribed in section 1.3.1 or 2.5.1 of the Upper Basin 

13 Agreement, subject to the conditions that the com14 mitments or assurances shall be— 

15 (A) consistent with this Act, the Settle16 ments, and other applicable provisions of law, 

17 based on the totality of the circumstances; and 

18 (B) covered by a written agreement signed 

19 by the Klamath Tribes and the United States 

20 (acting as trustee for the Klamath Tribes and 

21 the members of the tribe in Oregon’s Klamath 

22 Basin adjudication) under subsection (a)(3)(B). 

23 (g) JUDICIAL REVIEW.—Judicial review of a decision 

24 of the Secretary concerning any right or obligation under 

25 section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 


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1 15.3.9 of the Restoration Agreement shall be in accord2 ance with the standard and scope of review under sub3 chapter II of chapter 5, and chapter 7, of title 5, United 

4 States Code (commonly known as the ‘‘Administrative 

5 Procedure Act’’). 

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

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

8 take any action— 

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

10 sovereign capacity of the United States, includ11 ing any law relating to health, safety, or the en12 vironment, 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.); 

22 (v) the Endangered Species Act of 

23 1973 (16 U.S.C. 1531 et seq.); and 

24 (vi) regulations implementing the Acts 

25 described in this subparagraph; 


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1 (B) as trustee for the benefit of any feder2 ally recognized Indian tribe other than an In3 dian tribe of the Klamath Basin; 

4 (C) as trustee for the Party tribes to en5 force the Agreements and this Act through such 

6 legal and equitable remedies as are available in 

7 an appropriate United States court or State 

8 court or administrative proceeding, including 

9 Oregon’s Klamath Basin adjudication; or 

10 (D) as trustee for the federally recognized 

11 Indian tribes of the Klamath Basin and the 

12 members of the tribes, in accordance with the 

13 Agreements and this Act— 

14 (i) to acquire water rights after the 

15 effective date of the Agreements (as de16 fined in section 1.5.1 of the Restoration 

17 Agreement and section 14.3 of the Upper 

18 Basin Agreement); 

19 (ii) to use and protect water rights, 

20 including water rights acquired after the 

21 effective date of the Agreements (as de22 fined in section 1.5.1 of the Restoration 

23 Agreement and section 14.3 of the Upper 

24 Basin Agreement), subject to the Agree25 ments; or 


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1 (iii) to claim a water right or continue 

2 to advocate for an existing claim for water 

3 rights in an appropriate United States 

4 court or State court or administrative pro5 ceeding, subject to the Agreements; 

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

7 pasturing, or gathering right of any Indian tribe ex8 cept to the extent expressly provided in this Act or 

9 the Agreements; or 

10 (3) affects any right, remedy, privilege, immu11 nity, power, or claim not specifically relinquished 

12 and released under, or limited by, this Act or the 

13 Agreements. 

14 SEC. 6. WATER AND POWER PROVISIONS. 

15 The Klamath Basin Water Supply Enhancement Act 

16 of 2000 (Public Law 106–498; 114 Stat. 2221) is amend17 ed— 

18 (1) by redesignating sections 4 through 6 as 

19 sections 5 through 7, respectively; and 

20 (2) by inserting after section 3 the following: 

21 ‘‘SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) OFF-PROJECT AREA.—The term ‘Off24 Project Area’ means— 


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1 ‘‘(A) the areas within the Sprague River, 

2 Sycan River, Williamson River, and Wood Val3 ley (including Crooked Creek, Sevenmile Creek, 

4 Fourmile Creek, and Crane Creek) subbasins 

5 referred to in Exhibit B of the Upper Basin 

6 Agreement; and 

7 ‘‘(B) to the extent provided for in the 

8 Upper Basin Agreement, any other areas for 

9 which claims described by section 1.3 or 2.5.1 

10 of the Upper Basin Agreement are settled as 

11 provided for in section 2.5.1 of the Upper Basin 

12 Agreement. 

13 ‘‘(2) ON-PROJECT POWER USER.—The term 

14 ‘On-Project Power User’ has the meaning given the 

15 term in the Restoration Agreement. 

16 ‘‘(3) RESTORATION AGREEMENT.—The term 

17 ‘Restoration Agreement’ means the agreement enti18 tled ‘Klamath River Basin Restoration Agreement 

19 for the Sustainability of Public and Trust Resources 

20 and Affected Communities’ and dated February 18, 

21 2010 (including any amendments adopted prior to 

22 the date of enactment of this Act and any further 

23 amendment to that agreement approved pursuant to 

24 section 3(a) of the Klamath Basin Water Recovery 

25 and Economic Restoration Act of 2015). 


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1 ‘‘(4) UPPER BASIN AGREEMENT.—The term 

2 ‘Upper Basin Agreement’ means the agreement enti3 tled ‘Upper Klamath Basin Comprehensive Agree4 ment’ and dated April 18, 2014 (including any 

5 amendment to that agreement). 

6 ‘‘(b) ACTION BY SECRETARY.— 

7 ‘‘(1) IN GENERAL.—The Secretary may carry 

8 out any activities, including by entering into an 

9 agreement or contract or otherwise making financial 

10 assistance available— 

11 ‘‘(A) to align water supplies with demand, 

12 including activities to reduce water consumption 

13 and demand, consistent with the Restoration 

14 Agreement or the Upper Basin Agreement; 

15 ‘‘(B) to limit the net costs of power used 

16 to manage water (including by arranging for 

17 delivery of Federal power, consistent with the 

18 Restoration Agreement and the Upper Basin 

19 Agreement) for— 

20 ‘‘(i) the Klamath Project (within the 

21 meaning of section 2); 

22 ‘‘(ii) the On-Project Power Users; 

23 ‘‘(iii) irrigators in the Off-Project 

24 Area; and 


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1 ‘‘(iv) the Klamath Basin National 

2 Wildlife Refuge Complex; and 

3 ‘‘(C) to restore any ecosystem and other4 wise protect fish and wildlife in the Klamath 

5 Basin watershed, including tribal fishery re6 sources held in trust, consistent with Restora7 tion Agreement and the Upper Basin Agree8 ment. 

9 ‘‘(2) INCLUSION.—Purchases of power by the 

10 Secretary under paragraph (1)(B) shall be consid11 ered an authorized sale under section 5(b)(3) of the 

12 Pacific Northwest Electric Power Planning and Con13 servation Act (16 U.S.C. 839c(b)(3)).’’. 

14 SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND. 

15 (a) ESTABLISHMENT.—There is established in the 

16 Treasury of the United States a fund to be known as the 

17 ‘‘Klamath Tribes Tribal Resource Fund’’ (referred to in 

18 this section as the ‘‘Fund’’), consisting of the amounts de19 posited in the Fund under subsection (b), together with 

20 any interest earned on those amounts, to be managed, in21 vested, and administered by the Secretary for the benefit 

22 of the Klamath Tribes in accordance with the terms of 

23 section 2.4 of the Upper Basin Agreement, to remain 

24 available until expended. 


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1 (b) TRANSFERS TO FUND.—The Fund shall consist 

2 of such amounts as are appropriated to the Fund under 

3 subsection (i), which shall be deposited in the Fund not 

4 later than 60 days after the amounts are appropriated and 

5 any interest under subsection (c) or (d). 

6 (c) MANAGEMENT BY THE SECRETARY.—Absent an 

7 approved tribal investment plan under subsection (d) or 

8 an economic development plan under subsection (e), the 

9 Secretary shall manage, invest, and distribute all amounts 

10 in the Fund in a manner that is consistent with the invest11 ment authority of the Secretary under— 

12 (1) the first section of the Act of June 24, 

13 1938 (25 U.S.C. 162a); 

14 (2) the American Indian Trust Fund Manage15 ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); 

16 and 

17 (3) this section. 

18 (d) INVESTMENT BY THE KLAMATH TRIBES.— 

19 (1) INVESTMENT PLAN.— 

20 (A) IN GENERAL.—In lieu of the invest21 ment provided for in subsection (c), the Klam22 ath Tribes may submit a tribal investment plan 

23 to the Secretary, applicable to all or part of the 

24 Fund, excluding the amounts described in sub25 section (e)(4)(A). 


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1 (B) APPROVAL.—Not later than 60 days 

2 after the date on which a tribal investment plan 

3 is submitted under subparagraph (A), the Sec4 retary shall approve such investment plan if the 

5 Secretary finds that the plan— 

6 (i) is reasonable and sound; 

7 (ii) meets the requirements of the 

8 American Indian Trust Fund Management 

9 Reform Act of 1994 (25 U.S.C. 4001 et 

10 seq.); and 

11 (iii) meets the requirements of this 

12 section. 

13 (C) DISAPPROVAL.—If the Secretary does 

14 not approve the tribal investment plan, the Sec15 retary shall set forth in writing the particular 

16 reasons for the disapproval. 

17 (2) DISBURSEMENT.—If the tribal investment 

18 plan is approved by the Secretary, the funds involved 

19 shall be disbursed from the Fund to the Klamath 

20 Tribes to be invested by the Klamath Tribes in ac21 cordance with the approved tribal investment plan, 

22 subject to the requirements of this section. 

23 (3) COMPLIANCE.—The Secretary may take 

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1 essary to monitor the compliance of a Tribe with an 

2 investment plan approved under paragraph (1)(B). 

3 (4) LIMITATION ON LIABILITY.—The United 

4 States shall not be— 

5 (A) responsible for the review, approval, or 

6 audit of any individual investment under an ap7 proved investment plan; or 

8 (B) directly or indirectly liable with respect 

9 to any such investment, including any act or 

10 omission of the Klamath Tribes in managing or 

11 investing amounts in the Fund. 

12 (5) REQUIREMENTS.—The principal and income 

13 derived from tribal investments carried out pursuant 

14 to an investment plan approved under subparagraph 

15 (B) shall be— 

16 (A) subject to the requirements of this sec17 tion; and 

18 (B) expended only in accordance with an 

19 economic development plan approved under sub20 section (e). 

21 (e) ECONOMIC DEVELOPMENT PLAN.— 

22 (1) IN GENERAL.—The Klamath Tribes shall 

23 submit to the Secretary an economic development 

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1 agement under subsection (c) or from tribal invest2 ments carried out under subsection (d). 

3 (2) APPROVAL.—Not later than 60 days after 

4 the date on which an economic development plan is 

5 submitted under paragraph (1), the Secretary shall 

6 approve the economic development plan if the Sec7 retary finds that the plan meets the requirements of 

8 the American Indian Trust Fund Management Re9 form Act of 1994 (25 U.S.C. 4001 et seq.) and this 

10 section. 

11 (3) USE OF FUNDS.—The economic develop12 ment plan under this subsection shall— 

13 (A) require that the Klamath Tribes spend 

14 all amounts withdrawn from the Fund in ac15 cordance with this section; and 

16 (B) include such terms and conditions as 

17 are necessary to meet the requirements of this 

18 section. 

19 (4) RESOURCE ACQUISITION AND ENHANCE20 MENT PLAN.—The economic development plan shall 

21 include a resource acquisition and enhancement 

22 plan, which shall— 

(A) require that not less than 1 23 ⁄2 of the 

24 amounts appropriated for each fiscal year to 

25 carry out this section shall be used to enhance, 


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1 restore, and utilize the natural resources of the 

2 Klamath Tribes, in a manner that also provides 

3 for the economic development of the Klamath 

4 Tribes and, as determined by the Secretary, di5 rectly or indirectly benefit adjacent non-Indian 

6 communities; and 

7 (B) be reasonably related to the protection, 

8 acquisition, enhancement, or development of 

9 natural resources for the benefit of the Klamath 

10 Tribes and members of the Klamath Tribes. 

11 (5) MODIFICATION.—Subject to the require12 ments of this Act and approval by the Secretary, the 

13 Klamath Tribes may modify a plan approved under 

14 this subsection. 

15 (6) LIMITATION ON LIABILITY.—The United 

16 States shall not be directly or indirectly liable for 

17 any claim or cause of action arising from— 

18 (A) the approval of a plan under this para19 graph; or 

20 (B) the use or expenditure by the Klamath 

21 Tribes of any amount in the Fund. 

22 (f) LIMITATION ON PER CAPITA DISTRIBUTIONS.— 

23 No amount in the Fund (including any income accruing 

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1 tract may be distributed to any member of the Klamath 

2 Tribes on a per capita basis. 

3 (g) LIMITATION ON DISBURSEMENT.— 

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

5 amounts in the Fund shall not be available for dis6 bursement under this section until the Klamath 

7 Tribes— 

8 (A) make the commitments set forth in the 

9 Agreements; and 

10 (B) are determined by the Secretary to be 

11 in substantial compliance with those commit12 ments. 

13 (2) EARLY DISBURSEMENT.—Based on the 

14 unique history of the loss of reservation land by the 

15 Klamath Tribes through termination of Federal rec16 ognition and acknowledging that restoration of tribal 

17 land is essential to building the tribal economy and 

18 achieving self-determination, the Secretary may dis19 burse funds to the Klamath Tribes prior to the sat20 isfaction of the requirements of paragraph (1) on a 

21 determination by the Secretary that such funds are 

22 available and that early disbursement will support 

23 activities designed to increase employment opportu24 nities for members of the Klamath Tribes. 


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1 (3) AGREEMENTS.—Any such disbursement 

2 shall be in accordance with a written agreement be3 tween the Secretary and the Klamath Tribes that 

4 provides the following: 

5 (A) For any disbursement to purchase land 

6 that is to be placed in trust pursuant to section 

7 6 of the Klamath Indian Tribe Restoration Act 

8 (25 U.S.C. 566d), the written agreement shall 

9 specify that if assurances made do not become 

10 permanent as described in section 15.3.3 of the 

11 Restoration Agreement and on publication of a 

12 notice by the Secretary pursuant to section 

13 15.3.4.C of the Restoration Agreement or sec14 tion 10.2 of the Upper Basin Agreement, any 

15 land purchased with disbursements from the 

16 Fund shall revert back to sole ownership by the 

17 United States unless, prior to reversion, the 

18 Klamath Tribes enter into a written agreement 

19 to repay the purchase price to the United 

20 States, without interest, in annual installments 

21 over a period not to exceed 40 years. 

22 (B) For any disbursement to support eco23 nomic activity and creation of tribal employ24 ment opportunities (including any rehabilitation 

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1 tivities), the written agreement shall specify 

2 that if assurances made do not become perma3 nent as described in section 15.3.3 of the Res4 toration Agreement and on publication of a no5 tice by the Secretary pursuant to section 

6 15.3.4.C of the Restoration Agreement or sec7 tion 10.2 of the Upper Basin Agreement, any 

8 amounts disbursed from the Fund shall be re9 paid to the United States, without interest, in 

10 annual installments over a period not to exceed 

11 40 years. 

12 (h) PROHIBITION.—Amounts in the Fund may not 

13 be made available for any purpose other than a purpose 

14 described in this section. 

15 (i) ANNUAL REPORTS.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the end of each fiscal year beginning with fiscal year 

18 2015, the Secretary shall submit to the Committee 

19 on Appropriations of the House of Representatives, 

20 the Committee on Appropriations of the Senate, and 

21 the appropriate authorizing committees of the Sen22 ate and the House of Representatives a report on 

23 the operation of the Fund during the fiscal year. 

24 (2) CONTENTS.—Each report shall include, for 

25 the fiscal year covered by the report, the following: 


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1 (A) A statement of the amounts deposited 

2 into the Fund. 

3 (B) A description of the expenditures made 

4 from the Fund for the fiscal year, including the 

5 purpose of the expenditures. 

6 (C) Recommendations for additional au7 thorities to fulfill the purpose of the Fund. 

8 (D) A statement of the balance remaining 

9 in the Fund at the end of the fiscal year. 

10 (j) NO THIRD PARTY RIGHTS.—This section does not 

11 create or vest rights or benefits for any party other than 

12 the Klamath Tribes and the United States. 

13 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $8,000,000 for each fiscal year, not to exceed a total 

16 amount of $40,000,000. 

17 SEC. 8. HYDROELECTRIC FACILITIES. 

18 (a) FACILITIES REMOVAL DETERMINATION.— 

19 (1) IN GENERAL.—Subject to paragraph (3), in 

20 accordance with section 3 of the Hydroelectric Set21 tlement, the Governors and the Secretary shall joint22 ly— 

23 (A) as soon as practicable after the date of 

24 enactment of this Act, determine whether to 

25 proceed with facilities removal, based on but 


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1 not limited to factors identified in the Hydro2 electric Settlement; and 

3 (B) if the Governors and the Secretary de4 termine under subparagraph (A) to proceed 

5 with facilities removal, include in the deter6 mination the designation of a dam removal enti7 ty, subject to paragraph (6). 

8 (2) BASIS FOR DETERMINATION TO PRO9 CEED.—For purposes of making a determination 

10 under paragraph (1)(A), the Governors and the Sec11 retary, in cooperation with the Secretary of Com12 merce and other appropriate entities, shall— 

13 (A) use existing information; 

14 (B) conduct any necessary additional stud15 ies; 

16 (C) comply with the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.); and 

19 (D) take such other actions as the Gov20 ernors and the Secretary determine to be ap21 propriate to support the determination under 

22 paragraph (1). 

23 (3) CONDITIONS FOR DETERMINATION TO PRO24 CEED.—The Secretary and the Governors may not 

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1 section, unless the conditions specified in section 

2 3.3.4 of the Hydroelectric Settlement, as modified by 

3 this Act as applicable, have been satisfied. 

4 (4) PUBLICATION OF NOTICE.—The Secretary 

5 shall publish notification of the determination under 

6 this subsection in the Federal Register. 

7 (5) JUDICIAL REVIEW OF DETERMINATION.— 

8 (A) IN GENERAL.—For purposes of judi9 cial review, the determination of the Secretary 

10 under paragraph (1) shall constitute a final 

11 agency action with respect to whether or not to 

12 proceed with facilities removal. 

13 (B) PETITION FOR REVIEW.— 

14 (i) FILING.— 

15 (I) IN GENERAL.—Judicial re16 view of the determination and related 

17 actions to comply with environmental 

18 laws (including the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.), the Endangered Species 

21 Act of 1973 (16 U.S.C. 1531 et seq.), 

22 and the National Historic Preserva23 tion Act (16 U.S.C. 470 et seq.)) may 

24 be obtained by an aggrieved person 

25 only as provided in this paragraph. 


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1 (II) JURISDICTION.—A petition 

2 for review under this paragraph may 

3 be filed only in the United States 

4 Court of Appeals for the District of 

5 Columbia Circuit or in the Ninth Cir6 cuit Court of Appeals. 

7 (III) LIMITATION.—A district 

8 court of the United States and a 

9 State court shall not have jurisdiction 

10 to review the determination of the 

11 Secretary or related actions to comply 

12 with environmental laws described in 

13 subclause (I). 

14 (ii) DEADLINE.— 

15 (I) IN GENERAL.—Except as pro16 vided in subclause (II), any petition 

17 for review under this paragraph shall 

18 be filed not later than 60 days after 

19 the date of publication of the deter20 mination in the Federal Register. 

21 (II) SUBSEQUENT GROUNDS.—If 

22 a petition is based solely on grounds 

23 arising after the date that is 60 days 

24 after the date of publication of the de25 termination in the Federal Register, 


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1 the petition for review under this sub2 section shall be filed not later than 60 

3 days after the grounds arise. 

4 (C) IMPLEMENTATION.—Any action of the 

5 Secretary with respect to which review could 

6 have been obtained under this paragraph shall 

7 not be subject to judicial review in any action 

8 relating to the implementation of the deter9 mination of the Secretary or in proceedings for 

10 enforcement of the Hydroelectric Settlement. 

11 (D) APPLICABLE STANDARD AND SCOPE.— 

12 Judicial review of the determination of the Sec13 retary shall be in accordance with the standard 

14 and scope of review under subchapter II of 

15 chapter 5, and chapter 7, of title 5, United 

16 States Code (commonly known as the ‘‘Admin17 istrative Procedure Act’’). 

18 (E) NONTOLLING.—The filing of a petition 

19 for reconsideration by the Secretary of an ac20 tion subject to review under this subsection 

21 shall not— 

22 (i) affect the finality of the action for 

23 purposes of judicial review; 


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1 (ii) extend the time within which a pe2 tition for judicial review under this sub3 section may be filed; or 

4 (iii) postpone the effectiveness of the 

5 action. 

6 (6) REQUIREMENTS FOR DAM REMOVAL ENTI7 TY.—A dam removal entity designated by the Gov8 ernors and the Secretary under paragraph (1)(B) 

9 shall, in the sole judgment of the Governors and the 

10 Secretary— 

11 (A) have the capabilities for facilities re12 moval described in section 7.1.1 of the Hydro13 electric Settlement; 

14 (B) be otherwise qualified to perform fa15 cilities removal; and 

16 (C) have committed, if so designated, to 

17 perform facilities removal within the State Cost 

18 Cap as described in section 4.1.3 of the Hydro19 electric Settlement. 

20 (7) RESPONSIBILITIES OF DAM REMOVAL ENTI21 TY.—The dam removal entity designated by the 

22 Governors and the Secretary under paragraph 

23 (1)(B) shall have the responsibilities described in 

24 section 7.1.2 of the Hydroelectric Settlement. 

25 (b) FACILITIES REMOVAL.— 


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1 (1) APPLICABILITY.—This subsection shall 

2 apply if— 

3 (A) the determination of the Governors 

4 and the Secretary under subsection (a) provides 

5 for proceeding with facilities removal; 

6 (B) the availability of non-Federal funds 

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

9 (C) 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 of 

15 the Interior is designated as the dam removal 

16 entity under subsection (a)(1)(B), the Secretary 

17 may accept, manage, and expend, without fur18 ther appropriation, non-Federal funds for the 

19 purpose of facilities removal in accordance with 

20 sections 4 and 7 of the Hydroelectric Settle21 ment. 

22 (B) REFUND.—The Secretary may admin23 ister and refund any amounts described in sub24 paragraph (A) received from the State of CaliVerDate Sep 11 2014 00:26 Jan 16, 2015 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S133.IS S133

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1 fornia in accordance with the requirements es2 tablished by the State. 

3 (C) INCLUSION.—The costs of dam re4 moval shall include, within the State Cost Cap 

5 described in section 4.1.3 of the Hydroelectric 

6 Settlement, reasonable compensation for prop7 erty owners whose property or property value is 

8 directly damaged by facilities removal, con9 sistent with State, local, and Federal law. 

10 (3) AGREEMENTS.—The dam removal entity 

11 may enter into agreements and contracts as nec12 essary to assist in the implementation of the Hydro13 electric Settlement. 

14 (4) PROCEEDING WITH FACILITIES REMOVAL.— 

15 (A) IN GENERAL.—The dam removal enti16 ty shall, consistent with the Hydroelectric Set17 tlement— 

18 (i) develop a definite plan for facilities 

19 removal as described in section 7 of the 

20 Hydroelectric Settlement, including a 

21 schedule for facilities removal; 

22 (ii) obtain all permits, authorizations, 

23 entitlements, certifications, and other ap24 provals necessary to implement facilities 

25 removal, including a permit under section 


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1 404 of the Federal Water Pollution Con2 trol Act (33 U.S.C. 1344), notwithstanding 

3 subsection (r) of that section; and 

4 (iii) implement facilities removal. 

5 (B) REPORT.— 

6 (i) IN GENERAL.—The Governors and 

7 the Secretary shall prepare and make pub8 lic a report on the determination and plan 

9 for facilities removal. 

10 (ii) INCLUSIONS.—The report shall, at 

11 a minimum— 

12 (I) provide a detailed explanation 

13 of the basis for the determination to 

14 proceed with facilities removal and for 

15 the designation of the dam removal 

16 entity, including relevant supporting 

17 documents; 

18 (II) include any comments re19 ceived from the Commission on the 

20 determination and a written response 

21 to the comments; 

22 (III) state specific goals intended 

23 to be achieved by facilities removal; 


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1 (IV) include specific performance 

2 measures that will be used to show 

3 achievements in meeting the goals; 

4 (V) provide a detailed expla5 nation of factors that are unique to 

6 facilities removal in the Klamath 

7 Basin, including why the Federal role 

8 is limited to the Klamath Basin and 

9 sets no precedent for future Federal 

10 action; 

11 (VI) describe plans to address 

12 any potential costs in excess of the 

13 State Cost Cap described in section 

14 4.1.3 of the Hydroelectric Settlement; 

15 (VII) describe plans for address16 ing or mitigating intentional or unin17 tentional impacts on local commu18 nities and property owners; and 

19 (VIII) describe how any potential 

20 environmental or other liability con21 cerns will be addressed. 

22 (iii) SUBMISSION.—The report re23 quired under this subparagraph shall be 

24 submitted to— 


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1 (I) the Committee on Energy and 

2 Natural Resources of the Senate; 

3 (II) the Committee on Natural 

4 Resources of the House of Represent5 atives; and 

6 (III) the Commission. 

7 (iv) COMMENT AND CONSULTATION

8 BY COMMISSION.—Not later than 180 days 

9 before the publication of the report re10 quired by this subparagraph, the Gov11 ernors and the Secretary shall submit to 

12 the Commission the section of the report 

13 describing the basis of the determination 

14 to proceed with dam removal for comment 

15 and, as appropriate, consultation. 

16 (v) DEADLINE.—The report required 

17 under this subparagraph shall be made 

18 public— 

19 (I) not less than 1 year before 

20 the date of implementation of facilities 

21 removal; and 

22 (II) not more than 2 years before 

23 the date of implementation of facilities 

24 removal. 

25 (C) STATE AND LOCAL LAWS.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), facilities removal shall be 

3 subject to applicable requirements of State 

4 and local laws relating to permits and 

5 other authorizations, to the extent the re6 quirements are not in conflict with Federal 

7 law, including the determination of the 

8 Governors and the Secretary under sub9 section (a) and the definite plan (including 

10 the schedule) for facilities removal author11 ized under this Act. 

12 (ii) LIMITATIONS.—Clause (i) shall 

13 not affect— 

14 (I) the authorities of the States 

15 regarding concurrence with the deter16 mination of the Secretary under sub17 section (a) in accordance with State 

18 law; or 

19 (II) the authority of a State pub20 lic utility commission regarding fund21 ing of facilities removal. 

22 (iii) JURISDICTION.—The United 

23 States district courts shall have original ju24 risdiction over all claims regarding the con25 sistency of State and local laws regarding 


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1 permits and other authorizations, and of 

2 State and local actions pursuant to those 

3 laws, with the definite plan (including the 

4 schedule) for facilities removal authorized 

5 under this Act. 

6 (D) ACCEPTANCE OF TITLE TO FACILI7 TIES.— 

8 (i) IN GENERAL.—The dam removal 

9 entity may accept from PacifiCorp all 

10 rights, titles, permits, and other interests 

11 in the facilities and associated land, for fa12 cilities removal and for disposition of facil13 ity land (as provided in section 7.6.4 of the 

14 Hydroelectric Settlement) on providing to 

15 PacifiCorp a notice that the dam removal 

16 entity is ready to commence facilities re17 moval in accordance with section 7.4.1 of 

18 the Hydroelectric Settlement. 

19 (ii) NON-FEDERAL DAM REMOVAL EN20 TITY.—Notwithstanding section 8 of the 

21 Federal Power Act (16 U.S.C. 801), the 

22 transfer of title to facilities from 

23 PacifiCorp to a non-Federal dam removal 

24 entity, in accordance with the HydroVerDate Sep 11 2014 00:26 Jan 16, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S133.IS S133

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1 electric Settlement and this Act, is author2 ized. 

3 (E) CONTINUED POWER GENERATION.— 

4 (i) IN GENERAL.—In accordance with 

5 an agreement negotiated under clause (ii), 

6 on transfer of title pursuant to subpara7 graph (C) and until the dam removal enti8 ty instructs PacifiCorp to cease the gen9 eration of power, PacifiCorp may continue, 

10 consistent with State law— 

11 (I) to generate, and retain title 

12 to, any power generated by the facili13 ties in accordance with section 7 of 

14 the Hydroelectric Settlement; and 

15 (II) to transmit and use the 

16 power for the benefit of the customers 

17 of PacifiCorp under the jurisdiction of 

18 applicable State public utility commis19 sions and the Commission. 

20 (ii) AGREEMENT WITH DAM REMOVAL

21 ENTITY.—As a condition of transfer of 

22 title pursuant to subparagraph (C), the 

23 dam removal entity shall enter into an 

24 agreement with PacifiCorp that provides 


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1 for continued generation of power in ac2 cordance with clause (i). 

3 (F) REPORT.—Not later than 3 years after 

4 the date of the completion of facilities removal, 

5 the Governors and the Secretary shall submit to 

6 the Committee on Energy and Natural Re7 sources of the Senate, the Committee on Nat8 ural Resources of the House of Representatives, 

9 and the Commission— 

10 (i) a detailed report describing the re11 sults of facilities removal, including the 

12 status of achieving the performance meas13 ures and goals included in the report de14 scribed in subparagraph (B); and 

15 (ii) such additional reports as the 

16 Committees consider appropriate, to be 

17 completed and submitted by the Secretary, 

18 in consultation with the Governors. 

19 (5) LICENSES AND JURISDICTION.— 

20 (A) ANNUAL LICENSES.— 

21 (i) IN GENERAL.—The Commission 

22 shall issue annual licenses authorizing 

23 PacifiCorp to continue to operate the fa24 cilities until PacifiCorp transfers title to all 

25 of the facilities. 


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1 (ii) TERMINATION.—The annual li2 censes shall terminate with respect to a fa3 cility on transfer of title for the facility 

4 from PacifiCorp to the dam removal entity. 

5 (iii) STAGED REMOVAL.— 

6 (I) IN GENERAL.—On transfer of 

7 title of any facility by PacifiCorp to 

8 the dam removal entity, annual license 

9 conditions shall no longer be in effect 

10 with respect to the facility. 

11 (II) NONTRANSFER OF TITLE.— 

12 Annual license conditions shall remain 

13 in effect with respect to any facility 

14 for which PacifiCorp has not trans15 ferred title to the dam removal entity 

16 to the extent compliance with the an17 nual license conditions are not pre18 vented by the removal of any other fa19 cility. 

20 (B) JURISDICTION.—The jurisdiction of 

21 the Commission under part I of the Federal 

22 Power Act (16 U.S.C. 792 et seq.) shall termi23 nate with respect to a facility on the transfer of 

24 title for the facility from PacifiCorp to the dam 

25 removal entity. 


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1 (C) RELICENSING.— 

2 (i) IN GENERAL.—The Commission 

3 shall— 

4 (I) stay the proceeding of the 

5 Commission regarding the pending li6 cense application of PacifiCorp for 

7 Project No. 2082 for the period dur8 ing which the Hydroelectric Settle9 ment remains in effect; and 

10 (II) resume the proceeding and 

11 proceed to take final action on the 

12 new license application only if the Hy13 droelectric Settlement terminates pur14 suant to section 8.11 of the Hydro15 electric Settlement. 

16 (D) TERMINATION; LIMITATIONS.—If the 

17 Hydroelectric Settlement is terminated pursu18 ant to section 8.11 of the Hydroelectric Settle19 ment, the Commission, in proceedings on the 

20 application for relicensing, shall not be bound 

21 by the record or findings of the Secretary relat22 ing to the determination of the Secretary or by 

23 the determination of the Secretary. 

24 (c) LIABILITY PROTECTION.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 Federal, State, local, or common law, PacifiCorp 

3 shall not be liable for any harm to an individual or 

4 entity, property, or the environment, or any damages 

5 resulting from facilities removal or facility oper6 ations arising from, relating to, or triggered by ac7 tions associated with facilities removal under this 

8 Act, including any damage caused by the release of 

9 any material or substance (including a hazardous 

10 substance). 

11 (2) FUNDING.—Notwithstanding any other 

12 Federal, State, local, or common law, no individual 

13 or entity contributing funds for facilities removal 

14 shall be held liable, solely by virtue of that funding, 

15 for any harm to an individual or entity, property, or 

16 the environment, or damages arising from facilities 

17 removal or facility operations arising from, relating 

18 to, or triggered by actions associated with facilities 

19 removal under this Act, including any damage 

20 caused by the release of any material or substance 

21 (including a hazardous substance). 

22 (3) PREEMPTION.—Notwithstanding section 

23 10(c) of the Federal Power Act (16 U.S.C. 803(c)), 

24 protection from liability pursuant to this section 

25 shall preempt the laws of any State to the extent the 


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1 laws are inconsistent with this Act, except that this 

2 Act shall not limit any otherwise-available immunity, 

3 privilege, or defense under any other provision of 

4 law. 

5 (4) EFFECTIVE DATE.—Liability protection 

6 under this subsection shall take effect as the protec7 tion relates to any particular facilities on transfer of 

8 title to the facility from PacifiCorp to the dam re9 moval entity designated by the Secretary under sub10 section (a)(1)(B). 

11 (d) FACILITIES NOT REMOVED.— 

12 (1) KENO FACILITY.— 

13 (A) TRANSFER.—On notice that the dam 

14 removal entity is ready to commence removal of 

15 the J.C. Boyle Dam, the Secretary shall accept 

16 the transfer of title to the Keno Facility to the 

17 United States in accordance with section 7.5 of 

18 the Hydroelectric Settlement. 

19 (B) EFFECT OF TRANSFER.—On the 

20 transfer under subparagraph (A), and without 

21 further action by Congress— 

22 (i) the Keno Facility shall— 

23 (I) become part of the Klamath 

24 Reclamation Project; and 


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1 (II) be operated and maintained 

2 in accordance with the Federal rec3 lamation laws and this Act; and 

4 (ii) the jurisdiction of the Commission 

5 over the Keno Facility shall terminate. 

6 (2) EAST SIDE AND WEST SIDE DEVELOP7 MENTS.—On filing by PacifiCorp of an application 

8 for surrender of the East Side and West Side Devel9 opments in Project No. 2082, the Commission shall 

10 issue an order approving partial surrender of the li11 cense for Project No. 2082, including any reasonable 

12 and appropriate conditions, as provided in section 

13 6.4.1 of the Hydroelectric Settlement. 

14 (3) FALL CREEK.—Not later than 60 days after 

15 the date of the transfer of title to the Iron Gate Fa16 cility to the dam removal entity, the Commission 

17 shall resume timely consideration of the pending li18 censing application for the Fall Creek development 

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

20 et seq.), regardless of whether PacifiCorp retains 

21 ownership of Fall Creek or transfers ownership to a 

22 new licensee. 

23 (4) IRON GATE HATCHERY.—Notwithstanding 

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

25 consistent with section 7.6.6 of the Hydroelectric 


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1 Settlement title to the PacifiCorp hatchery facilities 

2 within the State of California shall be transferred to 

3 the State of California at— 

4 (A) the time of transfer to the dam re5 moval entity of title to the Iron Gate Dam; or 

6 (B) such other time as may be agreed to 

7 by the parties to the Hydroelectric Settlement. 

8 SEC. 9. ADMINISTRATION AND FUNDING. 

9 (a) AGREEMENTS.— 

10 (1) IN GENERAL.—The Secretaries may enter 

11 into such agreements (including contracts, memo12 randa of understanding, financial assistance agree13 ments, cost sharing agreements, and other appro14 priate agreements) with State, tribal, and local gov15 ernment agencies or private individuals and entities 

16 as the Secretary concerned consider to be necessary 

17 to carry out this Act and the Settlements, subject to 

18 such terms and conditions as the Secretary con19 cerned considers to be necessary. 

20 (2) TRIBAL PROGRAMS.—Consistent with para21 graph (1) and section 32 of the Restoration Agree22 ment, the Secretaries shall give priority to qualified 

23 Party tribes in awarding grants, contracts, or other 

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1 eries programs described in part III of the Restora2 tion Agreement. 

3 (b) ESTABLISHMENT OF ACCOUNTS.—There are es4 tablished in the Treasury for the deposit of appropriations 

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

6 the following noninterest-bearing accounts: 

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

8 Management Fund, to be administered by the Bu9 reau of Reclamation. 

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

11 Reliance Fund, to be administered by the United 

12 States Fish and Wildlife Service. 

13 (3) The Klamath Drought Fund, to be adminis14 tered by the National Fish and Wildlife Foundation. 

15 (c) MANAGEMENT.— 

16 (1) IN GENERAL.—The accounts established by 

17 subsection (b) shall be managed in accordance with 

18 this Act and section 14.3 of the Restoration Agree19 ment. 

20 (2) TRANSFERS.—Notwithstanding section 

21 1535 of title 31, United States Code, the Secretaries 

22 are authorized to enter into interagency agreements 

23 for the transfer of Federal funds between Federal 

24 programs for the purpose of implementing this Act 

25 and the Settlements. 


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1 (d) ACCEPTANCE AND EXPENDITURE OF NON-FED2 ERAL FUNDS.— 

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

4 United States Code, the Secretaries may accept and 

5 expend, without further appropriation, non-Federal 

6 funds, in-kind services, or property for purposes of 

7 implementing the Settlement. 

8 (2) USE.—The funds and property described in 

9 paragraph (1) may be expended or used, as applica10 ble, only for the purpose for which the funds or 

11 property were provided. 

12 (e) FUNDS AVAILABLE UNTIL EXPENDED.—All 

13 funds made available for the implementation of the Settle14 ments shall remain available until expended. 

15 (f) TERMINATION OF AGREEMENTS.—If any Agree16 ment terminates— 

17 (1) any appropriated Federal funds provided to 

18 a party that are unexpended at the time of the ter19 mination of the Agreement shall be returned to the 

20 general fund of the Treasury; and 

21 (2) any appropriated Federal funds provided to 

22 a party shall be treated as an offset against any 

23 claim for damages by the party arising under the 

24 Agreement. 

25 (g) BUDGET.— 


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1 (1) IN GENERAL.—The budget of the President 

2 shall include such requests as the President con3 siders to be necessary for the level of funding for 

4 each of the Federal agencies to carry out the respon5 sibilities of the agencies under the Settlements. 

6 (2) CROSSCUT BUDGET.—Not later than the 

7 date of submission of the budget of the President to 

8 Congress for each fiscal year, the Director of the Of9 fice of Management and Budget shall submit to the 

10 appropriate authorizing and appropriating commit11 tees of the Senate and the House of Representatives 

12 a financial report containing— 

13 (A) an interagency budget crosscut report 

14 that displays the budget proposed for each of 

15 the Federal agencies to carry out the Settle16 ments for the upcoming fiscal year, separately 

17 showing funding requested under preexisting 

18 authorities and new authorities provided by this 

19 Act; 

20 (B) a detailed accounting of all funds re21 ceived and obligated by all Federal agencies re22 sponsible for implementing the Settlements; and 

23 (C) a budget for proposed actions to be 

24 carried out in the upcoming fiscal year by the 


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1 applicable Federal agencies in the upcoming fis2 cal year. 

3 (h) REPORT TO CONGRESS.—Not later than the date 

4 of submission of the budget of the President to Congress 

5 for each fiscal year, the Secretaries shall submit to the 

6 appropriate authorizing committees of the Senate and the 

7 House of Representatives a report that describes— 

8 (1) the status of implementation of all of the 

9 Settlements; 

10 (2) expenditures during the preceding fiscal 

11 year for implementation of all of the Settlements; 

12 (3) the current schedule and funding levels that 

13 are needed to complete implementation of each of 

14 the Settlements; 

15 (4) achievements in advancing the purposes of 

16 complying with the Endangered Species Act of 1973 

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

18 (5) additional achievements in restoring fish19 eries under the Settlements; 

20 (6) the status of water deliveries for the pre21 ceding water year and projections for the upcoming 

22 water year for— 

23 (A) the Klamath Project and irrigators in 

24 the Off-Project Area pursuant to the Agree25 ments; and 


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1 (B) the National Wildlife Refuges in areas 

2 covered by the Agreements; 

3 (7) the status of achieving the goals of sup4 porting sustainable agriculture production (including 

5 the goal of limiting net power costs for water man6 agement) and general economic development in the 

7 Klamath Basin; 

8 (8) the status of achieving the goal of sup9 porting the economic development of the Party 

10 tribes; 

11 (9) the assessment of the Secretaries of the 

12 progress being made toward completing implementa13 tion of all of the Settlements; 

14 (10)(A) identification of performance measures 

15 established for the goals of the Agreements and of 

16 facilities removal as described in the report to Con17 gress required under section 8(b)(4)(B); and 

18 (B) until achieved, the assessment of the Secre19 taries of the progress being made toward meeting 

20 the performance measures; and 

21 (11) the status of plans to address any poten22 tial cost in excess of the State cost cap as described 

23 in the report to Congress required under section 

24 8(b)(4)(B). 

Æ 


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