II 

Calendar No. 639 

113TH CONGRESS 

2D SESSION S. 2379 

[Report No. 113–299] 

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 

MAY 21, 2014 

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

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

Committee on Energy and Natural Resources 

DECEMBER 10, 2014 

Reported by Ms. LANDRIEU, with an amendment 

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

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Recovery and Economic Restoration Act of 2014’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 means each of— 

8 (A) the Restoration Agreement; and 

9 (B) the Upper Basin Agreement. 

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

11 means the Federal Energy Regulatory Commission. 

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

13 removal’’ means— 

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

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

16 condition and volitional fish passage; 

17 (B) site remediation and restoration, in18 cluding restoration of previously inundated 

19 land; 

20 (C) measures to avoid or minimize adverse 

21 downstream impacts; and 

22 (D) all associated permitting for the ac23 tions described in this paragraph. 

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

25 following 1 or more hydropower facilities (including 

26 appurtenant works licensed to PacifiCorp) within the 


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1 jurisdictional boundary of the Klamath Hydroelectric 

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

3 (A) Iron Gate Dam. 

4 (B) Copco No. 1 Dam. 

5 (C) Copco No. 2 Dam. 

6 (D) J.C. Boyle Dam. 

7 (5) HYDROELECTRIC SETTLEMENT.—The term 

8 ‘‘Hydroelectric Settlement’’ means the agreement 

9 entitled ‘‘Klamath Hydroelectric Settlement Agree10 ment’’ and dated February 18, 2010 (including any 

11 amendments to that agreement approved pursuant 

12 to section 3(a)). 

13 (6) JOINT MANAGEMENT ENTITY.—The term 

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

15 (A) is comprised of the Landowner Entity, 

16 the Klamath Tribes, the United States, and the 

17 State of Oregon; 

18 (B) represents the interests of the parties 

19 to the Upper Basin Agreement; and 

20 (C) is responsible for overseeing implemen21 tation of the Upper Basin Agreement, as de22 scribed in section 7 of the Upper Basin Agree23 ment. 

24 (7) JOINT MANAGEMENT ENTITY TECHNICAL

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1 nical Team’’ means the group of specialists ap2 pointed by the Joint Management Entity as provided 

3 for in section 7.8 of the Upper Basin Agreement. 

4 (8) KENO FACILITY.—The term ‘‘Keno Facil5 ity’’ means the dam located in Klamath County, Or6 egon, land underlying the dam, appurtenant facili7 ties, and PacifiCorp-owned property described as 

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

9 00200-000. 

10 (9) KLAMATH BASIN.— 

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

12 Basin’’ means the land tributary to the Klam13 ath River in Oregon and California. 

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

15 Basin’’ includes the Lost River and Tule Lake 

16 Basins. 

17 (10) KLAMATH PROJECT.— 

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

19 Project’’ means the Bureau of Reclamation 

20 project in the States of California and Oregon, 

21 as authorized under the Act of June 17, 1902 

22 (32 Stat. 388, chapter 1093). 

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

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

25 works and interests for water diversion, storage, 


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1 delivery, and drainage, flood control, and simi2 lar functions that are part of the project de3 scribed in subparagraph (A). 

4 (11) KLAMATH PROJECT WATER USERS.—The 

5 term ‘‘Klamath Project Water Users’’ has the mean6 ing given the term in the Restoration Agreement. 

7 (12) LANDOWNER ENTITY.—The term ‘‘Land8 owner Entity’’ means the entity established pursuant 

9 to section 8 of the Upper Basin Agreement. 

10 (13) OFF-PROJECT AREA.—The term ‘‘Off11 Project Area’’ means— 

12 (A) the areas within the Sprague River, 

13 Sycan River, Williamson River, and Wood Val14 ley (including the Wood River, Crooked Creek, 

15 Sevenmile Creek, Fourmile Creek, and Crane 

16 Creek) subbasins referred to in Exhibit B of the 

17 Upper Basin Agreement; and 

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

19 Basin Agreement, any other areas for which 

20 claims described by section 1.3 or 2.5.1 of the 

21 Upper Basin Agreement are settled as provided 

22 for in section 2.5.1 of the Upper Basin Agree23 ment. 

24 (14) OFF-PROJECT IRRIGATOR.—The term 

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


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1 (A)(i) a claimant for water rights for irri2 gation uses in the Off-Project Area in Oregon’s 

3 Klamath Basin Adjudication; or 

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

5 right permit or certificate for irrigation use in 

6 the Off-Project Area; and 

7 (B) a Party to the Upper Basin Agree8 ment. 

9 (15) OREGON’S KLAMATH BASIN ADJUDICA10 TION.—The term ‘‘Oregon’s Klamath Basin adju11 dication’’ means the proceeding to determine surface 

12 water rights pursuant to chapter 539 of the Oregon 

13 Revised Statutes entitled ‘‘In the matter of the de14 termination of the relative rights of the waters of 

15 the Klamath River, a tributary of the Pacific 

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

17 for the County of Klamath, numbered WA 1300001. 

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

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

20 the date of enactment of this Act). 

21 (17) PARTY TRIBES.—The term ‘‘Party tribes’’ 

22 means— 

23 (A) the Yurok Tribe; 

24 (B) the Karuk Tribe; 

25 (C) the Klamath Tribes; and 


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1 (D) such other federally recognized tribes 

2 of the Klamath Basin as may become party to 

3 the Restoration Agreement after the date of en4 actment of this Act. 

5 (18) RESTORATION AGREEMENT.—The term 

6 ‘‘Restoration Agreement’’ means the agreement enti7 tled ‘‘Klamath River Basin Restoration Agreement 

8 for the Sustainability of Public and Trust Resources 

9 and Affected Communities’’ and dated February 18, 

10 2010 (including amendments adopted prior to the 

11 date of enactment of this Act and any further 

12 amendments to that agreement approved pursuant 

13 to section 3(a)). 

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

15 Program’’ means the program described in section 4 

16 of the Upper Basin Agreement. 

17 (20) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of the Interior. 

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

20 means each of— 

21 (A) the Secretary of the Interior; 

22 (B) the Secretary of Commerce; and 

23 (C) the Secretary of Agriculture. 

24 (22) SETTLEMENTS.—The term ‘‘Settlements’’ 

25 means each of— 


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1 (A) the Hydroelectric Settlement; 

2 (B) the Restoration Agreement; and 

3 (C) the Upper Basin Agreement. 

4 (23) UPPER BASIN AGREEMENT.—The term 

5 ‘‘Upper Basin Agreement’’ means the agreement en6 titled ‘‘Upper Klamath Basin Comprehensive Agree7 ment’’ and dated April 18, 2014 (including any 

8 amendments to that agreement approved pursuant 

9 to section 3(a)). 

10 (24) WATER USE PROGRAM.—The term ‘‘Water 

11 Use Program’’ means the program described in sec12 tion 3 of the Upper Basin Agreement and section 

13 16.2 of the Restoration Agreement. 

14 SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTA15 TION OF SETTLEMENTS. 

16 (a) RATIFICATION OF SETTLEMENTS.— 

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

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

19 conflict with this Act, the Settlements are author20 ized, ratified, and confirmed. 

21 (2) AMENDMENTS CONSISTENT WITH THIS

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

23 the Settlements consistent with this Act, the amend24 ment is also authorized, ratified, and confirmed to 


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1 the extent the amendment is consistent with this 

2 Act. 

3 (3) FURTHER AMENDMENTS.—If any amend4 ment to any of the Settlements is executed by the 

5 parties to the applicable Settlement after the date of 

6 enactment of this Act, unless the Secretary, the Sec7 retary of Commerce, or Secretary of Agriculture de8 termines, not later than 90 days after the date on 

9 which the non-Federal parties agree to the amend10 ment, that the amendment is inconsistent with this 

11 Act or other provisions of law, the amendment is 

12 also authorized, ratified, and confirmed to the extent 

13 the amendment— 

14 (A) is not inconsistent with this Act or 

15 other provisions of law; 

16 (B) is executed in a manner consistent 

17 with the terms of the applicable Settlement; and 

18 (C) does not require congressional approval 

19 pursuant to section 2116 of the Revised Stat20 utes (25 U.S.C. 177) or other applicable Fed21 eral law. 

22 (b) EXECUTION AND IMPLEMENTATION OF SETTLE23 MENTS.— 

24 (1) THE AGREEMENTS.— 


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

2 and confirmed pursuant to subsection (a)— 

3 (i) the Secretary, the Secretary of 

4 Commerce, and the Secretary of Agri5 culture shall promptly execute and imple6 ment the Restoration Agreement; and 

7 (ii) the Secretary and the Secretary of 

8 Commerce shall promptly execute and im9 plement the Upper Basin Agreement. 

10 (B) EFFECT OF EXECUTING AGREE11 MENTS.—Notwithstanding subsection (l), execu12 tion by the applicable Secretaries under sub13 paragraph (A) of either Agreement shall not be 

14 considered a major Federal action under the 

15 National Environmental Policy Act of 1969 (42 

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

17 (C) PARTICIPATION IN THE UPPER BASIN

18 AGREEMENT.—As provided for in the Upper 

19 Basin Agreement and as part of implementing 

20 the Upper Basin Agreement, the Secretary and 

21 the Secretary of Commerce may— 

22 (i) participate in the Water Use Pro23 gram and in the Riparian Program; and 

24 (ii) serve as members of the Joint 

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1 reau of Indian Affairs, the United States 

2 Fish and Wildlife Service, the United 

3 States Geological Survey, and the National 

4 Marine Fisheries Service of the Depart5 ment of Commerce, with the Secretary 

6 serving as the voting member, as described 

7 in section 7.1.5 of the Upper Basin Agree8 ment. 

9 (2) HYDROELECTRIC SETTLEMENT.—To the ex10 tent that the Hydroelectric Settlement does not con11 flict with this Act, the Secretary, the Secretary of 

12 Commerce, and the Commission shall implement the 

13 Hydroelectric Settlement, in consultation with other 

14 applicable Federal agencies. 

15 (c) FEDERAL RESPONSIBILITIES.—To the extent 

16 consistent with the Settlements, this Act, and other provi17 sions of law, the Secretary, the Secretary of Commerce, 

18 the Secretary of Agriculture, and the Commission shall 

19 perform all actions necessary to carry out each responsi20 bility of the Secretary, the Secretary of Commerce, the 

21 Secretary of Agriculture, and the Commission, respec22 tively, under the Settlements. 

23 (d) ENVIRONMENTAL COMPLIANCE.—In imple24 menting the Settlements, the Secretaries and the Commis25 sion shall 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 law. 

6 (e) PUBLICATION OF NOTICE; EFFECT OF PUBLICA7 TION.— 

8 (1) RESTORATION AGREEMENT.— 

9 (A) PUBLICATION.—The Secretary shall 

10 publish the notice required by section 15.3.4.A 

11 or section 15.3.4.C of the Restoration Agree12 ment, as applicable, in accordance with the Res13 toration Agreement. 

14 (B) EFFECT OF PUBLICATION.—Publica15 tion of the notice described in subparagraph (A) 

16 shall have the effects on the commitments, 

17 rights, and obligations of the Party tribes, the 

18 United States (as trustee for the federally rec19 ognized tribes of the Klamath Basin), and other 

20 parties to the Restoration Agreement as the 

21 rights and obligations that are provided for in 

22 the Restoration Agreement. 

23 (2) UPPER BASIN AGREEMENT.— 

24 (A) PUBLICATION.—The Secretary shall 

25 publish the notice required by section 10.1 of 


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1 the Upper Basin Agreement if all requirements 

2 of section 10 of the Upper Basin Agreement 

3 have been fulfilled, including the requirement 

4 for notice by the Klamath Tribes of the willing5 ness of the Tribes to proceed with the Upper 

6 Basin Agreement following enactment of au7 thorizing legislation as described in section 

8 10.1.10 or 10.2 of the Upper Basin Agreement, 

9 as applicable, in accordance with the Upper 

10 Basin Agreement. 

11 (B) EFFECT OF PUBLICATION.— 

12 (i) PERMANENCY.—On publication of 

13 the notice required under section 10.1 of 

14 the Upper Basin Agreement, the Upper 

15 Basin Agreement shall become permanent. 

16 (ii) TERMINATION.—On publication of 

17 the notice required under section 10.2 of 

18 the Upper Basin Agreement, the Upper 

19 Basin Agreement shall terminate, accord20 ing to the terms of that section. 

21 (3) JUDICIAL REVIEW.— 

22 (A) IN GENERAL.—Judicial review of a de23 cision of the Secretary pursuant to this sub24 section shall be in accordance with the standard 

25 and scope of review under subchapter II of 


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

2 States Code (commonly known as the ‘‘Admin3 istrative Procedure Act’’). 

4 (B) DEADLINE.—Any petition for review 

5 under this subparagraph shall be filed not later 

6 than 1 year after the date of publication of the 

7 notice required under this paragraph. 

8 (f) ELIGIBILITY FOR FUNDS PROTECTED.—Notwith9 standing any other provision of law, nothing in this Act 

10 or the implementation of the Settlements, other than as 

11 explicitly provided for in this Act or the Settlements— 

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

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

14 the receipt of funds; or 

15 (2) shall be considered an offset against any ob16 ligations or funds in existence on the date of enact17 ment of this Act, under any Federal or State law. 

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

19 Act or the Settlements— 

20 (1) affects the rights of any Indian tribe out21 side the Klamath Basin; or 

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

23 the Indian tribes of the Klamath Basin to exercise 

24 any water rights the Indian tribes hold or may be 


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1 determined to hold except as expressly provided in 

2 the Agreements. 

3 (h) WATER RIGHTS.— 

4 (1) IN GENERAL.—Except as specifically pro5 vided in this Act and the Settlements, nothing in 

6 this Act or the Settlements creates or determines 

7 water rights or affects water rights or water right 

8 claims in existence on the date of enactment of this 

9 Act. 

10 (2) NO STANDARD FOR QUANTIFICATION.— 

11 Nothing in this Act or the Settlements establishes 

12 any standard for the quantification of Federal re13 served water rights or any water claims of any In14 dian tribe in any judicial or administrative pro15 ceeding. 

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

17 in land or water pursuant to either Agreement shall be 

18 from willing sellers. 

19 (j) NO PRIVATE RIGHT OF ACTION.— 

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

21 on any person or entity not a party to the Settle22 ments a private right of action or claim for relief to 

23 interpret or enforce this Act or the Settlements. 


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

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

3 under any other applicable law. 

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

5 the jurisdiction of State courts to review Federal agency 

6 actions or determine Federal rights. 

7 (l) RELATIONSHIP TO CERTAIN OTHER FEDERAL

8 LAW.— 

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

10 supersedes, modifies, or otherwise affects— 

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

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

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 National Environmental Policy Act 

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

20 (E) the Federal Water Pollution Control 

21 Act (33 U.S.C. 1251 et seq.), except to the ex22 tent section 8(b)(4) of this Act requires a per23 mit under section 404 of that Act (33 U.S.C. 

24 1344), notwithstanding section 404(r) of that 

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


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1 (F) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

3 (G) the Treaty between the United States 

4 and the Klamath and Moadoc Tribes and the 

5 Yahooskin Band of Snake Indians dated Octo6 ber 14, 1864 (16 Stat. 707); or 

7 (H) the Klamath Indian Tribe Restoration 

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

9 (2) CONSISTENCY.—The Agreements shall be 

10 considered consistent with subsections (a) through 

11 (c) of section 208 of the Department of Justice Ap12 propriation Act, 1953 (43 U.S.C. 666). 

13 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

14 actions of the Joint Management Entity and the 

15 Joint Management Entity Technical Team shall not 

16 be subject to the Federal Advisory Committee Act (5 

17 U.S.C. App.). 

18 (m) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

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

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

22 Act or the implementation of the Settlements waives the 

23 sovereign immunity of the United States. 


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1 (n) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

3 the sovereign immunity of the Party tribes. 

4 SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES. 

5 (a) KLAMATH PROJECT PURPOSES.— 

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

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

8 Project include— 

9 (A) irrigation; 

10 (B) reclamation; 

11 (C) flood control; 

12 (D) municipal; 

13 (E) industrial; 

14 (F) power; 

15 (G) fish and wildlife purposes; and 

16 (H) National Wildlife Refuge purposes. 

17 (2) EFFECT OF FISH AND WILDLIFE PUR18 POSES.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), the fish and wildlife purposes of the 

21 Klamath Project authorized under paragraph 

22 (1) shall not adversely affect the irrigation pur23 pose of the Klamath Project. 

24 (B) WATER ALLOCATIONS AND DELIV25 ERY.—Notwithstanding subparagraph (A), the 


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1 water allocations and delivery to the National 

2 Wildlife Refuges provided for in the Restoration 

3 Agreement shall not constitute an adverse effect 

4 on the irrigation purpose of the Klamath 

5 Project for purposes of this paragraph. 

6 (b) WATER RIGHTS ADJUDICATION.—For purposes 

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

8 Basin adjudication, until the date on which the Appendix 

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

10 Klamath Basin adjudication pursuant to the Restoration 

11 Agreement, the purposes of the Klamath Project shall be 

12 the purposes in effect on the day before the date of enact13 ment of this Act. 

14 (c) DISPOSITION OF NET REVENUES FROM LEASING

15 OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD16 LIFE REFUGE LAND.—Notwithstanding any other provi17 sion of law, net revenues from the leasing of refuge land 

18 within the Tule Lake National Wildlife Refuge and Lower 

19 Klamath National Wildlife Refuge under section 4 of Pub20 lic Law 88–567 (78 Stat. 851) (commonly known as the 

21 ‘‘Kuchel Act’’) shall be provided directly, without further 

22 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 to Tulelake Irrigation District, as provided in article 

2 4 of Contract No. 14–06–200–5954 and section 2(a) 

3 of the Act of August 1, 1956 (70 Stat. 799, chapter 

4 828). 

5 (2) Such amounts as are necessary to counties 

6 as payments in lieu of taxes as provided in section 

7 3 of Public Law 88–567 (16 U.S.C. 695m). 

8 (3) 20 percent of net revenues to the Klamath 

9 Basin National Wildlife Refuge Complex of the 

10 United States Fish and Wildlife Service, for wildlife 

11 management purposes on the Tule Lake National 

12 Wildlife Refuge and the Lower Klamath National 

13 Wildlife Refuge. 

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

15 the Lower Klamath National Wildlife Refuge that 

16 are within the boundaries of the Klamath Drainage 

17 District to Klamath Drainage District, for operation 

18 and maintenance responsibility for the Federal rec19 lamation water delivery and drainage facilities within 

20 the boundaries of the Klamath Drainage District 

21 and the Lower Klamath National Wildlife Refuge 

22 exclusive of the Klamath Straits Drain, subject to a 

23 transfer agreement with the Bureau of Reclamation 

24 under which the Klamath Drainage District assumes 

25 the operation and maintenance duties of the Bureau 


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1 of Reclamation for Klamath Drainage District (Area 

2 K) lease land exclusive of Klamath Straits Drain. 

3 (5) The remainder of net revenues to the Bu4 reau 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)— 

11 (i) future capital costs of the Klamath 

12 Project; or 

13 (ii) the Renewable Power Program de14 scribed in section 17.7 of the Restoration 

15 Agreement, pursuant to an expenditure 

16 plan submitted to and approved by the 

17 Secretary. 

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

19 (a) ACTIONS BY KLAMATH TRIBES.— 

20 (1) RESTORATION AGREEMENT COMMITMENTS

21 ACKNOWLEDGED AND AGREED TO.—In consideration 

22 for the resolution of any contest or exception of the 

23 Klamath Project Water Users to the water rights 

24 claims of the Klamath Tribes and the United States 

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1 bers of the Klamath Tribes in Oregon’s Klamath 

2 Basin adjudication), and for the other commitments 

3 of the Klamath Project Water Users described in the 

4 Restoration Agreement, and for other benefits de5 scribed in the Restoration Agreement and this Act, 

6 the Klamath Tribes (on behalf of the Klamath 

7 Tribes and the members of the Klamath Tribes) 

8 may make the commitments provided in the Restora9 tion Agreement. 

10 (2) UPPER BASIN AGREEMENT COMMITMENTS

11 ACKNOWLEDGED AND AGREED TO.—In consideration 

12 for the resolution of any contest or exception of the 

13 Off-Project Irrigators to the water rights claims of 

14 the Klamath Tribes and the United States (acting 

15 as trustee for the Klamath Tribes and members of 

16 the Klamath Tribes in Oregon’s Klamath Basin ad17 judication), and for the other commitments of the 

18 Off-Project Irrigators described in the upper Basin 

19 Agreement, and for other benefits described in the 

20 Upper Basin Agreement and this Act, the Klamath 

21 Tribes (on behalf of the Klamath Tribes and the 

22 members of the Klamath Tribes) may make the 

23 commitments provided in the Upper Basin Agree24 ment. 


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1 (3) NO FURTHER ACTION REQUIRED.—Except 

2 as provided in subsection (c), the commitments de3 scribed in paragraphs (1) and (2) are confirmed as 

4 effective and binding, in accordance with the terms 

5 of the commitments, without further action by the 

6 Klamath Tribes. 

7 (4) ADDITIONAL COMMITMENTS.—The Klamath 

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

9 the tribe) may make additional commitments and as10 surances in exchange for the resolution of its claims 

11 described in section 1.3.1 or 2.5.1 of the Upper 

12 Basin Agreement, subject to the conditions that the 

13 commitments and assurances shall be— 

14 (A) consistent with this Act, the Settle15 ments, and other applicable provisions of law, 

16 based on the totality of the circumstances; and 

17 (B) covered by a written agreement signed 

18 by the Klamath Tribes and the United States 

19 (acting as trustee for the tribe and the mem20 bers of the tribe in Oregon’s Klamath Basin ad21 judication) pursuant to subsection (f). 

22 (b) ACTIONS BY KARUK TRIBE AND YUROK

23 TRIBE.— 

24 (1) COMMITMENTS ACKNOWLEDGED AND

25 AGREED TO.—In consideration for the commitments 


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1 of the Klamath Project Water Users described in the 

2 Restoration Agreement, and other benefits described 

3 in the Restoration Agreement and this Act, the 

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

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

6 commitments provided in the Restoration Agree7 ment. 

8 (2) NO FURTHER ACTION REQUIRED.—Except 

9 as provided in subsection (c), the commitments de10 scribed in paragraph (1) are confirmed as effective 

11 and binding, in accordance with the terms of the 

12 commitments, without further action by the Yurok 

13 Tribe or Karuk Tribe. 

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

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

16 subsection (d), and the Agreements, but without oth17 erwise affecting any right secured by a treaty, Exec18 utive order, or other law, the Party tribes (on behalf 

19 of the tribes and the members of the tribes) may re20 linquish and release certain claims against the 

21 United States (including any Federal agencies and 

22 employees) described in sections 15.3.5.A, 

23 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agree24 ment and, in the case of the Klamath Tribes, section 

25 2.5 of the Upper Basin Agreement. 


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1 (2) CONDITIONS.—The relinquishments and re2 leases under paragraph (1) shall not take force or 

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

4 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 

5 33.2.1 of the Restoration Agreement and sections 

6 2.4 and 10 of the Upper Basin Agreement have been 

7 fulfilled. 

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

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

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

11 tribes and the members of the tribes) and the United 

12 States (acting as trustee for the Party tribes), shall re13 tain— 

14 (1) all claims and rights described in sections 

15 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restora16 tion Agreement; and 

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

18 Party Tribes in negotiations pursuant to section 

19 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Res20 toration Agreement. 

21 (e) TOLLING OF CLAIMS.— 

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

23 the period of limitation and time-based equitable de24 fense relating to a claim described in subsection (c) 

25 shall be tolled during the period— 


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1 (A) beginning on the date of enactment of 

2 this Act; and 

3 (B) ending on the earlier of— 

4 (i) the date on which the Secretary 

5 publishes the notice described in sections 

6 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of 

7 the Restoration Agreement; or 

8 (ii) December 1, 2030. 

9 (2) EFFECT OF TOLLING.—Nothing in this sub10 section— 

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

12 limitation or time-based equitable defense that 

13 expired before the date of enactment of this 

14 Act; or 

15 (B) precludes the tolling of any period of 

16 limitation or any time-based equitable defense 

17 under any other applicable law. 

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

19 (1) RESTORATION AGREEMENT COMMITMENTS

20 AUTHORIZED.—In consideration for the commit21 ments of the Klamath Project Water Users de22 scribed in the Restoration Agreement and for other 

23 benefits described in the Restoration Agreement and 

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

25 federally recognized tribes of the Klamath Basin and 


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1 the members of such tribes, may make the commit2 ments provided in the Restoration Agreement. 

3 (2) UPPER BASIN AGREEMENT COMMITMENTS

4 AUTHORIZED.—In consideration for the commit5 ments of the Off-Project Irrigators described in the 

6 Upper Basin Agreement and for other benefits de7 scribed in the Upper Basin Agreement and this Act, 

8 the United States, acting as trustee for the Klamath 

9 Tribes and the members of the Klamath Tribes, may 

10 make the commitments provided in the Upper Basin 

11 Agreement. 

12 (3) NO FURTHER ACTION.—The commitments 

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

14 as effective and binding, in accordance with the 

15 terms of the commitments, without further action by 

16 the United States. 

17 (4) ADDITIONAL COMMITMENTS.—The United 

18 States, acting as trustee for the Klamath Tribes and 

19 the members of the Klamath Tribes in Oregon’s 

20 Klamath Basin Adjudication, may make additional 

21 commitments and assurances of rights in exchange 

22 for the resolution of the tribal water right claims de23 scribed in section 1.3.1 or 2.5.1 of the Upper Basin 

24 Agreement, subject to the conditions that the com25 mitments or 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 Klamath Tribes and 

7 the members of the tribe in Oregon’s Klamath 

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

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

10 of the Secretary concerning any right or obligation under 

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

12 15.3.9 of the Restoration Agreement shall be in accord13 ance with the standard and scope of review under sub14 chapter II of chapter 5, and chapter 7, of title 5, United 

15 States Code (commonly known as the ‘‘Administrative 

16 Procedure Act’’). 

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

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

19 take any action— 

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

21 sovereign capacity of the United States, includ22 ing any law relating to health, safety, or the en23 vironment, including— 

24 (i) the Federal Water Pollution Con25 trol Act (33 U.S.C. 1251 et seq.); 


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1 (ii) the Safe Drinking Water Act (42 

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

3 (iii) the Solid Waste Disposal Act (42 

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

5 (iv) the Comprehensive Environmental 

6 Response, Compensation, and Liability Act 

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

8 (v) the Endangered Species Act of 

9 1973 (16 U.S.C. 1531 et seq.); and 

10 (vi) regulations implementing the Acts 

11 described in this subparagraph; and 

12 (B) as trustee for the benefit of any feder13 ally recognized Indian tribe other than an In14 dian tribe of the Klamath Basin; 

15 (C) as trustee for the Party tribes to en16 force the Agreements and this Act through such 

17 legal and equitable remedies as are available in 

18 an appropriate United States court or State 

19 court or administrative proceeding, including 

20 Oregon’s Klamath Basin adjudication; or 

21 (D) as trustee for the federally recognized 

22 Indian tribes of the Klamath Basin and the 

23 members of the tribes, in accordance with the 

24 Agreements and this Act— 


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1 (i) to acquire water rights after the 

2 effective date of the Agreements (as de3 fined in section 1.5.1 of the Restoration 

4 Agreement and section 14.3 of the Upper 

5 Basin Agreement); 

6 (ii) to use and protect water rights, 

7 including water rights acquired after the 

8 effective date of the Agreements (as de9 fined in section 1.5.1 of the Restoration 

10 Agreement and section 14.3 of the Upper 

11 Basin Agreement), subject to the Agree12 ments; or 

13 (iii) to claim a water right or continue 

14 to advocate for an existing claim for water 

15 rights in an appropriate United States 

16 court or State court or administrative pro17 ceeding, subject to the Agreements; 

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

19 pasturing, or gathering right of any Indian tribe ex20 cept to the extent expressly provided in this Act or 

21 the Agreements; or 

22 (3) affects any right, remedy, privilege, immu23 nity, power, or claim not specifically relinquished 

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

25 Agreements. 


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1 SEC. 6. WATER AND POWER PROVISIONS. 

2 The Klamath Basin Water Supply Enhancement Act 

3 of 2000 (Public Law 106–498; 114 Stat. 2221) is amend4 ed— 

5 (1) by redesignating sections 4 through 6 as 

6 sections 5 through 7, respectively; and 

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

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

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

10 ‘‘(1) OFF-PROJECT AREA.—The term ‘Off11 Project Area’ means— 

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

13 Sycan River, Williamson River, and Wood Val14 ley (including Crooked Creek, Sevenmile Creek, 

15 Fourmile Creek, and Crane Creek) subbasins 

16 referred to in Exhibit B of the Upper Basin 

17 Agreement; and 

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

19 Upper Basin Agreement, any other areas for 

20 which claims described by section 1.3 or 2.5.1 

21 of the Upper Basin Agreement are settled as 

22 provided for in section 2.5.1 of the Upper Basin 

23 Agreement. 

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

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

26 term in the Restoration Agreement. 


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

2 ‘Restoration Agreement’ means the agreement enti3 tled ‘Klamath River Basin Restoration Agreement 

4 for the Sustainability of Public and Trust Resources 

5 and Affected Communities’ and dated February 18, 

6 2010 (including any amendments adopted prior to 

7 the date of enactment of this Act and any further 

8 amendment to that agreement approved pursuant to 

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

10 and Economic Restoration Act of 2014). 

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

12 ‘Upper Basin Agreement’ means the agreement enti13 tled ‘Upper Klamath Basin Comprehensive Agree14 ment’ and dated April 18, 2014 (including any 

15 amendment to that agreement). 

16 ‘‘(b) ACTION BY SECRETARY.—The Secretary may 

17 carry out any activities, including by entering into an 

18 agreement or contract or otherwise making financial as19 sistance available— 

20 ‘‘(1) to align water supplies with demand, in21 cluding activities to reduce water consumption and 

22 demand, consistent with the Restoration Agreement 

23 or the Upper Basin Agreement; 

24 ‘‘(2) to limit the net costs of power used to 

25 manage water (including by arranging for delivery of 


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1 Federal power, consistent with the Restoration 

2 Agreement and the Upper Basin Agreement) for— 

3 ‘‘(A) the Klamath Project (within the 

4 meaning of section 2); 

5 ‘‘(B) the On-Project Power Users; 

6 ‘‘(C) irrigators in the Off-Project Area; 

7 and 

8 ‘‘(D) the Klamath Basin National Wildlife 

9 Refuge Complex; and 

10 ‘‘(3) to restore any ecosystem and otherwise 

11 protect fish and wildlife in the Klamath Basin wa12 tershed, including tribal fishery resources held in 

13 trust, consistent with Restoration Agreement and 

14 the Upper Basin Agreement.’’. 

15 SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND. 

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

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

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

19 this section as the ‘‘Fund’’), consisting of the amounts de20 posited in the Fund under subsection (b), together with 

21 any interest earned on those amounts, to be managed, in22 vested, and administered by the Secretary for the benefit 

23 of the Klamath Tribes in accordance with the terms of 

24 section 2.4 of the Upper Basin Agreement, to remain 

25 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 

24 such steps as the Secretary determines to be necVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\S2379.RS S2379

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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 

24 plan for the use of the Fund, including the expendi25 ture of any principal or income derived from manVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S2379.RS S2379

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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 2014, 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) SECRETARIAL DETERMINATION.— 

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

20 accordance with section 3 of the Hydroelectric Set21 tlement, the Secretary shall— 

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

23 enactment of this Act, determine whether to 

24 proceed with facilities removal, based on wheth25 er facilities removal— 


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1 (i) would advance restoration of the 

2 salmonid fisheries of the Klamath Basin; 

3 and 

4 (ii) is in the public interest, taking 

5 into account potential impacts on affected 

6 local communities and federally recognized 

7 Indian tribes; and 

8 (B) if the Secretary determines under sub9 paragraph (A) to proceed with facilities re10 moval, include in the determination the designa11 tion of a dam removal entity, subject to para12 graph (6). 

13 (2) BASIS FOR SECRETARIAL DETERMINATION

14 TO PROCEED.—For purposes of making a deter15 mination under paragraph (1)(A), the Secretary, in 

16 cooperation with the Secretary of Commerce and 

17 other appropriate entities, shall— 

18 (A) use existing information; 

19 (B) conduct any necessary additional stud20 ies; 

21 (C) comply with the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.); and 

24 (D) take such other actions as the Sec25 retary determines to be appropriate to support 


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1 the determination of the Secretary under para2 graph (1). 

3 (3) CONDITIONS FOR SECRETARIAL DETER4 MINATION TO PROCEED.—The Secretary may not 

5 make or publish the determination under this sub6 section, unless the conditions specified in section 

7 3.3.4 of the Hydroelectric Settlement have been sat8 isfied. 

9 (4) PUBLICATION OF NOTICE.—The Secretary 

10 shall publish notification of the determination of the 

11 Secretary under this subsection in the Federal Reg12 ister. 

13 (5) JUDICIAL REVIEW OF SECRETARIAL DETER14 MINATION.— 

15 (A) IN GENERAL.—For purposes of judi16 cial review, the determination of the Secretary 

17 shall constitute a final agency action with re18 spect to whether or not to proceed with facili19 ties removal. 

20 (B) PETITION FOR REVIEW.— 

21 (i) FILING.— 

22 (I) IN GENERAL.—Judicial re23 view of the determination of the Sec24 retary and related actions to comply 

25 with environmental laws (including 


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1 the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.), 

3 the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.), and the Na5 tional Historic Preservation Act (16 

6 U.S.C. 470 et seq.)) may be obtained 

7 by an aggrieved person only as pro8 vided in this paragraph. 

9 (II) JURISDICTION.—A petition 

10 for review under this paragraph may 

11 be filed only in the United States 

12 Court of Appeals for the District of 

13 Columbia Circuit or in the Ninth Cir14 cuit Court of Appeals. 

15 (III) LIMITATION.—A district 

16 court of the United States and a 

17 State court shall not have jurisdiction 

18 to review the determination of the 

19 Secretary or related actions to comply 

20 with environmental laws described in 

21 subclause (I). 

22 (ii) DEADLINE.— 

23 (I) IN GENERAL.—Except as pro24 vided in subclause (II), any petition 

25 for review under this paragraph shall 


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1 be filed not later than 60 days after 

2 the date of publication of the deter3 mination of the Secretary in the Fed4 eral Register. 

5 (II) SUBSEQUENT GROUNDS.—If 

6 a petition is based solely on grounds 

7 arising after the date that is 60 days 

8 after the date of publication of the de9 termination of the Secretary in the 

10 Federal Register, the petition for re11 view under this subsection shall be 

12 filed not later than 60 days after the 

13 grounds arise. 

14 (C) IMPLEMENTATION.—Any action of the 

15 Secretary with respect to which review could 

16 have been obtained under this paragraph shall 

17 not be subject to judicial review in any action 

18 relating to the implementation of the deter19 mination of the Secretary or in proceedings for 

20 enforcement of the Hydroelectric Settlement. 

21 (D) APPLICABLE STANDARD AND SCOPE.— 

22 Judicial review of the determination of the Sec23 retary shall be in accordance with the standard 

24 and scope of review under subchapter II of 

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


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1 States Code (commonly known as the ‘‘Admin2 istrative Procedure Act’’). 

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

4 for reconsideration by the Secretary of an ac5 tion subject to review under this subsection 

6 shall not— 

7 (i) affect the finality of the action for 

8 purposes of judicial review; 

9 (ii) extend the time within which a pe10 tition for judicial review under this sub11 section may be filed; or 

12 (iii) postpone the effectiveness of the 

13 action. 

14 (6) REQUIREMENTS FOR DAM REMOVAL ENTI15 TY.—A dam removal entity designated by the Sec16 retary under paragraph (1)(B) shall— 

17 (A) have the capabilities for facilities re18 moval described in section 7.1.1 of the Hydro19 electric Settlement; and 

20 (B) be the Department of the Interior, ex21 cept that the Secretary, consistent with section 

22 3.3.4.E of the Hydroelectric Settlement, may 

23 designate a non-Federal dam removal entity 

24 if— 


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1 (i) the Secretary, in the sole judgment 

2 and discretion of the Secretary, finds that 

3 the dam removal entity-designate— 

4 (I) is qualified; and 

5 (II) has the capabilities described 

6 in subparagraph (A); 

7 (ii) the States of California and Or8 egon have concurred in the finding under 

9 clause (i); and 

10 (iii) the dam removal entity-designate 

11 has committed, if so designated, to per12 form facilities removal within the State 

13 Cost Cap as described in section 4.1.3 of 

14 the Hydroelectric Settlement. 

15 (7) RESPONSIBILITIES OF DAM REMOVAL ENTI16 TY.—The dam removal entity designated by the Sec17 retary under paragraph (1)(B) shall have the re18 sponsibilities described in section 7.1.2 of the Hy19 droelectric Settlement. 

20 (b) FACILITIES REMOVAL.— 

21 (1) APPLICABILITY.—This subsection shall 

22 apply if— 

23 (A) the determination of the Secretary 

24 under subsection (a) provides for proceeding 

25 with facilities removal; 


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1 (B) the State of California and the State 

2 of Oregon concur in the determination of the 

3 Secretary, in accordance with section 3.3.5 of 

4 the Hydroelectric Settlement; 

5 (C) the availability of non-Federal funds 

6 for the purposes of facilities removal is con7 sistent with the Hydroelectric Settlement; and 

8 (D) the Hydroelectric Settlement has not 

9 terminated in accordance with section 8.11 of 

10 the Hydroelectric Settlement. 

11 (2) NON-FEDERAL FUNDS.— 

12 (A) IN GENERAL.—Notwithstanding title 

13 31, United States Code, if the Department of 

14 the Interior is designated as the dam removal 

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

16 may accept, manage, and expend, without fur17 ther appropriation, non-Federal funds for the 

18 purpose of facilities removal in accordance with 

19 sections 4 and 7 of the Hydroelectric Settle20 ment. 

21 (B) REFUND.—The Secretary may admin22 ister and refund any amounts described in sub23 paragraph (A) received from the State of Cali24 fornia in accordance with the requirements es25 tablished 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) PROCEEDING WITH FACILITIES REMOVAL.— 

6 (A) IN GENERAL.—The dam removal enti7 ty shall, consistent with the Hydroelectric Set8 tlement— 

9 (i) develop a definite plan for facilities 

10 removal as described in section 7 of the 

11 Hydroelectric Settlement, including a 

12 schedule for facilities removal; 

13 (ii) obtain all permits, authorizations, 

14 entitlements, certifications, and other ap15 provals necessary to implement facilities 

16 removal, including a permit under section 

17 404 of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1344), notwithstanding 

19 subsection (r) of that section; and 

20 (iii) implement facilities removal. 

21 (B) STATE AND LOCAL LAWS.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), facilities removal shall be 

24 subject to applicable requirements of State 

25 and local laws relating to permits and 


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1 other authorizations, to the extent the re2 quirements are not in conflict with Federal 

3 law, including the determination of the 

4 Secretary under subsection (a) and the 

5 definite plan (including the schedule) for 

6 facilities removal authorized under this 

7 Act. 

8 (ii) LIMITATIONS.—Clause (i) shall 

9 not affect— 

10 (I) the authorities of the States 

11 regarding concurrence with the deter12 mination of the Secretary under sub13 section (a) in accordance with State 

14 law; or 

15 (II) the authority of a State pub16 lic utility commission regarding fund17 ing of facilities removal. 

18 (iii) JURISDICTION.—The United 

19 States district courts shall have original ju20 risdiction over all claims regarding the con21 sistency of State and local laws regarding 

22 permits and other authorizations, and of 

23 State and local actions pursuant to those 

24 laws, with the definite plan (including the 


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1 schedule) for facilities removal authorized 

2 under this Act. 

3 (C) ACCEPTANCE OF TITLE TO FACILI4 TIES.— 

5 (i) IN GENERAL.—The dam removal 

6 entity may accept from PacifiCorp all 

7 rights, titles, permits, and other interests 

8 in the facilities and associated land, for fa9 cilities removal and for disposition of facil10 ity land (as provided in section 7.6.4 of the 

11 Hydroelectric Settlement) on providing to 

12 PacifiCorp a notice that the dam removal 

13 entity is ready to commence facilities re14 moval in accordance with section 7.4.1 of 

15 the Hydroelectric Settlement. 

16 (ii) NON-FEDERAL DAM REMOVAL EN17 TITY.—Notwithstanding section 8 of the 

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

19 transfer of title to facilities from 

20 PacifiCorp to a non-Federal dam removal 

21 entity, in accordance with the Hydro22 electric Settlement and this Act, is author23 ized. 

24 (D) CONTINUED POWER GENERATION.— 


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1 (i) IN GENERAL.—In accordance with 

2 an agreement negotiated under clause (ii), 

3 on transfer of title pursuant to subpara4 graph (C) and until the dam removal enti5 ty instructs PacifiCorp to cease the gen6 eration of power, PacifiCorp may continue, 

7 consistent with State law— 

8 (I) to generate, and retain title 

9 to, any power generated by the facili10 ties in accordance with section 7 of 

11 the Hydroelectric Settlement; and 

12 (II) to transmit and use the 

13 power for the benefit of the customers 

14 of PacifiCorp under the jurisdiction of 

15 applicable State public utility commis16 sions and the Commission. 

17 (ii) AGREEMENT WITH DAM REMOVAL

18 ENTITY.—As a condition of transfer of 

19 title pursuant to subparagraph (C), the 

20 dam removal entity shall enter into an 

21 agreement with PacifiCorp that provides 

22 for continued generation of power in ac23 cordance with clause (i). 

24 (5) LICENSES AND JURISDICTION.— 

25 (A) ANNUAL LICENSES.— 


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1 (i) IN GENERAL.—The Commission 

2 shall issue annual licenses authorizing 

3 PacifiCorp to continue to operate the fa4 cilities until PacifiCorp transfers title to all 

5 of the facilities. 

6 (ii) TERMINATION.—The annual li7 censes shall terminate with respect to a fa8 cility on transfer of title for the facility 

9 from PacifiCorp to the dam removal entity. 

10 (iii) STAGED REMOVAL.— 

11 (I) IN GENERAL.—On transfer of 

12 title of any facility by PacifiCorp to 

13 the dam removal entity, annual license 

14 conditions shall no longer be in effect 

15 with respect to the facility. 

16 (II) NONTRANSFER OF TITLE.— 

17 Annual license conditions shall remain 

18 in effect with respect to any facility 

19 for which PacifiCorp has not trans20 ferred title to the dam removal entity 

21 to the extent compliance with the an22 nual license conditions are not pre23 vented by the removal of any other fa24 cility. 


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1 (B) JURISDICTION.—The jurisdiction of 

2 the Commission under part I of the Federal 

3 Power Act (16 U.S.C. 792 et seq.) shall termi4 nate with respect to a facility on the transfer of 

5 title for the facility from PacifiCorp to the dam 

6 removal entity. 

7 (C) RELICENSING.— 

8 (i) IN GENERAL.—The Commission 

9 shall— 

10 (I) stay the proceeding of the 

11 Commission regarding the pending li12 cense application of PacifiCorp for 

13 Project No. 2082 for the period dur14 ing which the Hydroelectric Settle15 ment remains in effect; and 

16 (II) resume the proceeding and 

17 proceed to take final action on the 

18 new license application only if the Hy19 droelectric Settlement terminates pur20 suant to section 8.11 of the Hydro21 electric Settlement. 

22 (D) TERMINATION; LIMITATIONS.—If the 

23 Hydroelectric Settlement is terminated pursu24 ant to section 8.11 of the Hydroelectric Settle25 ment, the Commission, in proceedings on the 


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1 application for relicensing, shall not be bound 

2 by the record or findings of the Secretary relat3 ing to the determination of the Secretary or by 

4 the determination of the Secretary. 

5 (c) LIABILITY PROTECTION.— 

6 (1) IN GENERAL.—Notwithstanding any other 

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

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

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

10 resulting from facilities removal or facility oper11 ations arising from, relating to, or triggered by ac12 tions associated with facilities removal under this 

13 Act, including any damage caused by the release of 

14 any material or substance (including a hazardous 

15 substance). 

16 (2) FUNDING.—Notwithstanding any other 

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

18 or entity contributing funds for facilities removal 

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

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

21 the environment, or damages arising from facilities 

22 removal or facility operations arising from, relating 

23 to, or triggered by actions associated with facilities 

24 removal under this Act, including any damage 


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1 caused by the release of any material or substance 

2 (including a hazardous substance). 

3 (3) PREEMPTION.—Notwithstanding section 

4 10(c) of the Federal Power Act (16 U.S.C. 803(c)), 

5 protection from liability pursuant to this section 

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

7 laws are inconsistent with this Act, except that this 

8 Act shall not limit any otherwise-available immunity, 

9 privilege, or defense under any other provision of 

10 law. 

11 (4) EFFECTIVE DATE.—Liability protection 

12 under this subsection shall take effect as the protec13 tion relates to any particular facilities on transfer of 

14 title to the facility from PacifiCorp to the dam re15 moval entity designated by the Secretary under sub16 section (a)(1)(B). 

17 (d) FACILITIES NOT REMOVED.— 

18 (1) KENO FACILITY.— 

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

20 removal entity is ready to commence removal of 

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

22 the transfer of title to the Keno Facility to the 

23 United States in accordance with section 7.5 of 

24 the Hydroelectric Settlement. 


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1 (B) EFFECT OF TRANSFER.—On the 

2 transfer under subparagraph (A), and without 

3 further action by Congress— 

4 (i) the Keno Facility shall— 

5 (I) become part of the Klamath 

6 Reclamation Project; and 

7 (II) be operated and maintained 

8 in accordance with the Federal rec9 lamation laws and this Act; and 

10 (ii) the jurisdiction of the Commission 

11 over the Keno Facility shall terminate. 

12 (2) EAST SIDE AND WEST SIDE DEVELOP13 MENTS.—On filing by PacifiCorp of an application 

14 for surrender of the East Side and West Side Devel15 opments in Project No. 2082, the Commission shall 

16 issue an order approving partial surrender of the li17 cense for Project No. 2082, including any reasonable 

18 and appropriate conditions, as provided in section 

19 6.4.1 of the Hydroelectric Settlement. 

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

21 the date of the transfer of title to the Iron Gate Fa22 cility to the dam removal entity, the Commission 

23 shall resume timely consideration of the pending li24 censing application for the Fall Creek development 

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


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1 et seq.), regardless of whether PacifiCorp retains 

2 ownership of Fall Creek or transfers ownership to a 

3 new licensee. 

4 (4) IRON GATE HATCHERY.—Notwithstanding 

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

6 consistent with section 7.6.6 of the Hydroelectric 

7 Settlement title to the PacifiCorp hatchery facilities 

8 within the State of California shall be transferred to 

9 the State of California at— 

10 (A) the time of transfer to the dam re11 moval entity of title to the Iron Gate Dam; or 

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

13 by the parties to the Hydroelectric Settlement. 

14 SEC. 9. ADMINISTRATION AND FUNDING. 

15 (a) AGREEMENTS.— 

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

17 into such agreements (including contracts, memo18 randa of understanding, financial assistance agree19 ments, cost sharing agreements, and other appro20 priate agreements) with State, tribal, and local gov21 ernment agencies or private individuals and entities 

22 as the Secretary concerned consider to be necessary 

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

24 such terms and conditions as the Secretary con25 cerned considers to be necessary. 


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1 (2) TRIBAL PROGRAMS.—Consistent with para2 graph (1) and section 32 of the Restoration Agree3 ment, the Secretaries shall give priority to qualified 

4 Party tribes in awarding grants, contracts, or other 

5 agreements for purposes of implementing the fish6 eries programs described in part III of the Restora7 tion Agreement. 

8 (b) ESTABLISHMENT OF ACCOUNTS.—There are es9 tablished in the Treasury for the deposit of appropriations 

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

11 the following noninterest-bearing accounts: 

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

13 Management Fund, to be administered by the Bu14 reau of Reclamation. 

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

16 Reliance Fund, to be administered by the United 

17 States Fish and Wildlife Service. 

18 (3) The Klamath Drought Fund, to be adminis19 tered by the National Fish and Wildlife Foundation. 

20 (c) MANAGEMENT.— 

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

22 subsection (b) shall be managed in accordance with 

23 this Act and section 14.3 of the Restoration Agree24 ment. 


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1 (2) TRANSFERS.—Notwithstanding section 

2 1535 of title 31, United States Code, the Secretaries 

3 are authorized to enter into interagency agreements 

4 for the transfer of Federal funds between Federal 

5 programs for the purpose of implementing this Act 

6 and the Settlements. 

7 (d) ACCEPTANCE AND EXPENDITURE OF NON-FED8 ERAL FUNDS.— 

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

10 United States Code, the Secretaries may accept and 

11 expend, without further appropriation, non-Federal 

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

13 implementing the Settlement. 

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

15 paragraph (1) may be expended or used, as applica16 ble, only for the purpose for which the funds or 

17 property were provided. 

18 (e) FUNDS AVAILABLE UNTIL EXPENDED.—All 

19 funds made available for the implementation of the Settle20 ments shall remain available until expended. 

21 (f) TERMINATION OF AGREEMENTS.—If any Agree22 ment terminates— 

23 (1) any appropriated Federal funds provided to 

24 a party that are unexpended at the time of the terVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6401 E:\BILLS\S2379.RS S2379

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1 mination of the Agreement shall be returned to the 

2 general fund of the Treasury; and 

3 (2) any appropriated Federal funds provided to 

4 a party shall be treated as an offset against any 

5 claim for damages by the party arising under the 

6 Agreement. 

7 (g) BUDGET.— 

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

9 shall include such requests as the President con10 siders to be necessary for the level of funding for 

11 each of the Federal agencies to carry out the respon12 sibilities of the agencies under the Settlements. 

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

14 date of submission of the budget of the President to 

15 Congress for each fiscal year, the Director of the Of16 fice of Management and Budget shall submit to the 

17 appropriate authorizing and appropriating commit18 tees of the Senate and the House of Representatives 

19 a financial report containing— 

20 (A) an interagency budget crosscut report 

21 that displays the budget proposed for each of 

22 the Federal agencies to carry out the Settle23 ments for the upcoming fiscal year, separately 

24 showing funding requested under preexisting 


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1 authorities and new authorities provided by this 

2 Act; 

3 (B) a detailed accounting of all funds re4 ceived and obligated by all Federal agencies re5 sponsible for implementing the Settlements; and 

6 (C) a budget for proposed actions to be 

7 carried out in the upcoming fiscal year by the 

8 applicable Federal agencies in the upcoming fis9 cal year. 

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

11 of submission of the budget of the President to Congress 

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

13 appropriate authorizing committees of the Senate and the 

14 House of Representatives a report that describes— 

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

16 Settlements; 

17 (2) expenditures during the preceding fiscal 

18 year for implementation of all of the Settlements; 

19 (3) the current schedule and funding levels that 

20 are needed to complete implementation of each of 

21 the Settlements; 

22 (4) achievements in advancing the purposes of 

23 complying with the Endangered Species Act of 1973 

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


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1 (5) additional achievements in restoring fish2 eries under the Settlements; 

3 (6) the status of water deliveries for the pre4 ceding water year and projections for the upcoming 

5 water year for— 

6 (A) the Klamath Project and irrigators in 

7 the Off-Project Area pursuant to the Agree8 ments; and 

9 (B) the National Wildlife Refuges in areas 

10 covered by the Agreements; 

11 (7) the status of achieving the goals of sup12 porting sustainable agriculture production (including 

13 the goal of limiting net power costs for water man14 agement) and general economic development in the 

15 Klamath Basin; 

16 (8) the status of achieving the goal of sup17 porting the economic development of the Party 

18 tribes; and 

19 (9) the assessment of the Secretaries of the 

20 progress being made toward completing implementa21 tion of all of the Settlements. 

22 SECTION 1. SHORT TITLE. 

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

24 Recovery and Economic Restoration Act of 2014’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 each of— 

5 (A) the Restoration Agreement; and 

6 (B) the Upper Basin Agreement. 

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

8 means the Federal Energy Regulatory Commission. 

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

10 removal’’ means— 

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

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

13 condition and volitional fish passage; 

14 (B) site remediation and restoration, in15 cluding restoration of previously inundated land; 

16 (C) measures to avoid or minimize adverse 

17 downstream impacts; and 

18 (D) all associated permitting for the actions 

19 described in this paragraph. 

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

21 following 1 or more hydropower facilities (including 

22 appurtenant works licensed to PacifiCorp) within the 

23 jurisdictional boundary of the Klamath Hydroelectric 

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

25 (A) Iron Gate Dam. 

26 (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 California. 

8 (6) HYDROELECTRIC SETTLEMENT.—The term 

9 ‘‘Hydroelectric Settlement’’ means the agreement enti10 tled ‘‘Klamath Hydroelectric Settlement Agreement’’ 

11 and dated February 18, 2010 (including any amend12 ments to that agreement approved pursuant to section 

13 3(a)). 

14 (7) JOINT MANAGEMENT ENTITY.—The term 

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

16 (A) is comprised of the Landowner Entity, 

17 the Klamath Tribes, the United States, and the 

18 State of Oregon; 

19 (B) represents the interests of the parties to 

20 the Upper Basin Agreement; and 

21 (C) is responsible for overseeing implemen22 tation of the Upper Basin Agreement, as de23 scribed in section 7 of the Upper Basin Agree24 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 appointed 

4 by the Joint Management Entity as provided for in 

5 section 7.8 of the Upper Basin Agreement. 

6 (9) KENO FACILITY.—The term ‘‘Keno Facility’’ 

7 means the dam located in Klamath County, Oregon, 

8 land underlying the dam, appurtenant facilities, and 

9 PacifiCorp-owned property described as Klamath 

10 County Map Tax Lot R-3907-03600-00200-000. 

11 (10) KLAMATH BASIN.— 

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

13 Basin’’ means the land tributary to the Klamath 

14 River in Oregon and California. 

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

16 Basin’’ includes the Lost River and Tule Lake 

17 Basins. 

18 (11) KLAMATH PROJECT.— 

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

20 Project’’ means the Bureau of Reclamation 

21 project in the States of California and Oregon, 

22 as authorized under the Act of June 17, 1902 (32 

23 Stat. 388, chapter 1093). 

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

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


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1 works and interests for water diversion, storage, 

2 delivery, and drainage, flood control, and simi3 lar functions that are part of the project de4 scribed in subparagraph (A). 

5 (12) KLAMATH PROJECT WATER USERS.—The 

6 term ‘‘Klamath Project Water Users’’ has the meaning 

7 given the term in the Restoration Agreement. 

8 (13) LANDOWNER ENTITY.—The term ‘‘Land9 owner Entity’’ means the entity established pursuant 

10 to section 8 of the Upper Basin Agreement. 

11 (14) OFF-PROJECT AREA.—The term ‘‘Off-Project 

12 Area’’ means— 

13 (A) the areas within the Sprague River, 

14 Sycan River, Williamson River, and Wood Val15 ley (including the Wood River, Crooked Creek, 

16 Sevenmile Creek, Fourmile Creek, and Crane 

17 Creek) subbasins referred to in Exhibit B of the 

18 Upper Basin Agreement; and 

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

20 Basin Agreement, any other areas for which 

21 claims described by section 1.3 or 2.5.1 of the 

22 Upper Basin Agreement are settled as provided 

23 for in section 2.5.1 of the Upper Basin Agree24 ment. 


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1 (15) OFF-PROJECT IRRIGATOR.—The term ‘‘Off2 Project Irrigator’’ means any person that is— 

3 (A)(i) a claimant for water rights for irri4 gation uses in the Off-Project Area in Oregon’s 

5 Klamath Basin Adjudication; or 

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

7 right permit or certificate for irrigation use in 

8 the Off-Project Area; and 

9 (B) a Party to the Upper Basin Agreement. 

10 (16) OREGON’S KLAMATH BASIN ADJUDICA11 TION.—The term ‘‘Oregon’s Klamath Basin adjudica12 tion’’ means the proceeding to determine surface 

13 water rights pursuant to chapter 539 of the Oregon 

14 Revised Statutes entitled ‘‘In the matter of the deter15 mination of the relative rights of the waters of the 

16 Klamath River, a tributary of the Pacific Ocean’’, in 

17 the Circuit Court of the State of Oregon for the Coun18 ty of Klamath, numbered WA 1300001. 

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

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

21 date of enactment of this Act). 

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

23 means— 

24 (A) the Yurok Tribe; 

25 (B) the Karuk Tribe; 


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1 (C) the Klamath Tribes; and 

2 (D) such other federally recognized tribes of 

3 the Klamath Basin as may become party to the 

4 Restoration Agreement after the date of enact5 ment of this Act. 

6 (19) RESTORATION AGREEMENT.—The term 

7 ‘‘Restoration Agreement’’ means the agreement enti8 tled ‘‘Klamath River Basin Restoration Agreement for 

9 the Sustainability of Public and Trust Resources and 

10 Affected Communities’’ and dated February 18, 2010 

11 (including amendments adopted prior to the date of 

12 enactment of this Act and any further amendments to 

13 that agreement approved pursuant to section 3(a)). 

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

15 Program’’ means the program described in section 4 

16 of the Upper Basin Agreement. 

17 (21) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

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

20 means each of— 

21 (A) the Secretary of the Interior; 

22 (B) the Secretary of Commerce; and 

23 (C) the Secretary of Agriculture. 

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

25 means each of— 


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1 (A) the Hydroelectric Settlement; 

2 (B) the Restoration Agreement; and 

3 (C) the Upper Basin Agreement. 

4 (24) UPPER BASIN AGREEMENT.—The term 

5 ‘‘Upper Basin Agreement’’ means the agreement enti6 tled ‘‘Upper Klamath Basin Comprehensive Agree7 ment’’ and dated April 18, 2014 (including any 

8 amendments to that agreement approved pursuant to 

9 section 3(a)). 

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

11 Use Program’’ means the program described in sec12 tion 3 of the Upper Basin Agreement and section 16.2 

13 of the Restoration Agreement. 

14 SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTA15 TION OF SETTLEMENTS. 

16 (a) RATIFICATION OF SETTLEMENTS.— 

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

18 Act, and to the extent that the Settlements do not con19 flict with this Act, the Settlements are authorized, 

20 ratified, and confirmed. 

21 (2) AMENDMENTS CONSISTENT WITH THIS

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

23 the Settlements consistent with this Act, the amend24 ment is also authorized, ratified, and confirmed to the 

25 extent the amendment is consistent with this Act. 


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1 (3) FURTHER AMENDMENTS.—If any amend2 ment to any of the Settlements is executed by the par3 ties to the applicable Settlement after the date of en4 actment of this Act, unless the Secretary, the Sec5 retary of Commerce, or Secretary of Agriculture deter6 mines, not later than 90 days after the date on which 

7 the non-Federal parties agree to the amendment, that 

8 the amendment is inconsistent with this Act or other 

9 provisions of law, the amendment is also authorized, 

10 ratified, and confirmed to the extent the amend11 ment— 

12 (A) is not inconsistent with this Act or 

13 other provisions of law; 

14 (B) is executed in a manner consistent with 

15 the terms of the applicable Settlement; and 

16 (C) does not require congressional approval 

17 pursuant to section 2116 of the Revised Statutes 

18 (25 U.S.C. 177) or other applicable Federal law. 

19 (b) EXECUTION AND IMPLEMENTATION OF SETTLE20 MENTS.— 

21 (1) THE AGREEMENTS.— 

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

23 and confirmed pursuant to subsection (a)— 

24 (i) the Secretary, the Secretary of 

25 Commerce, and the Secretary of Agriculture 


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1 shall promptly execute and implement the 

2 Restoration Agreement; and 

3 (ii) the Secretary and the Secretary of 

4 Commerce shall promptly execute and im5 plement the Upper Basin Agreement. 

6 (B) EFFECT OF EXECUTING AGREE7 MENTS.—Notwithstanding subsection (l), execu8 tion by the applicable Secretaries under subpara9 graph (A) of either Agreement shall not be con10 sidered a major Federal action under the Na11 tional Environmental Policy Act of 1969 (42 

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

13 (C) PARTICIPATION IN THE UPPER BASIN

14 AGREEMENT.—As provided for in the Upper 

15 Basin Agreement and as part of implementing 

16 the Upper Basin Agreement, the Secretary and 

17 the Secretary of Commerce may— 

18 (i) participate in the Water Use Pro19 gram and in the Riparian Program; and 

20 (ii) serve as members of the Joint 

21 Management Entity representing the Bu22 reau of Indian Affairs, the United States 

23 Fish and Wildlife Service, the United States 

24 Geological Survey, and the National Marine 

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1 merce, with the Secretary serving as the vot2 ing member, as described in section 7.1.5 of 

3 the Upper Basin Agreement. 

4 (2) HYDROELECTRIC SETTLEMENT.—To the ex5 tent that the Hydroelectric Settlement does not con6 flict with this Act, the Secretary, the Secretary of 

7 Commerce, and the Commission shall implement the 

8 Hydroelectric Settlement, in consultation with other 

9 applicable Federal agencies. 

10 (c) FEDERAL RESPONSIBILITIES.—To the extent con11 sistent with the Settlements, this Act, and other provisions 

12 of law, the Secretary, the Secretary of Commerce, the Sec13 retary of Agriculture, and the Commission shall perform 

14 all actions necessary to carry out each responsibility of the 

15 Secretary, the Secretary of Commerce, the Secretary of Ag16 riculture, and the Commission, respectively, under the Set17 tlements. 

18 (d) ENVIRONMENTAL COMPLIANCE.—In implementing 

19 the Settlements, the Secretaries and the Commission shall 

20 comply with— 

21 (1) the National Environmental Policy Act of 

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

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

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

25 (3) all other applicable law. 


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

3 (1) RESTORATION AGREEMENT.— 

4 (A) PUBLICATION.—The Secretary shall 

5 publish the notice required by section 15.3.4.A or 

6 section 15.3.4.C of the Restoration Agreement, as 

7 applicable, in accordance with the Restoration 

8 Agreement. 

9 (B) EFFECT OF PUBLICATION.—Publication 

10 of the notice described in subparagraph (A) shall 

11 have the effects on the commitments, rights, and 

12 obligations of the Party tribes, the United States 

13 (as trustee for the federally recognized tribes of 

14 the Klamath Basin), and other parties to the 

15 Restoration Agreement provided for in the Res16 toration Agreement. 

17 (2) UPPER BASIN AGREEMENT.— 

18 (A) PUBLICATION.—The Secretary shall 

19 publish the notice required by section 10.1 of the 

20 Upper Basin Agreement if all requirements of 

21 section 10 of the Upper Basin Agreement have 

22 been fulfilled, including the requirement for no23 tice by the Klamath Tribes of the willingness of 

24 the Tribes to proceed with the Upper Basin 

25 Agreement following enactment of authorizing 


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1 legislation as described in section 10.1.10 or 10.2 

2 of the Upper Basin Agreement, as applicable, in 

3 accordance with the Upper Basin Agreement. 

4 (B) EFFECT OF PUBLICATION.— 

5 (i) PERMANENCY.—On publication of 

6 the notice required under section 10.1 of the 

7 Upper Basin Agreement, the Upper Basin 

8 Agreement shall become permanent. 

9 (ii) TERMINATION.—On publication of 

10 the notice required under section 10.2 of the 

11 Upper Basin Agreement, the Upper Basin 

12 Agreement shall terminate, according to the 

13 terms of that section. 

14 (3) JUDICIAL REVIEW.— 

15 (A) IN GENERAL.—Judicial review of a de16 cision of the Secretary pursuant to this sub17 section shall be in accordance with the standard 

18 and scope of review under subchapter II of chap19 ter 5, and chapter 7, of title 5, United States 

20 Code (commonly known as the ‘‘Administrative 

21 Procedure Act’’). 

22 (B) DEADLINE.—Any petition for review 

23 under this subparagraph shall be filed not later 

24 than 1 year after the date of publication of the 

25 notice required under this paragraph. 


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1 (f) ELIGIBILITY FOR FUNDS PROTECTED.—Notwith2 standing any other provision of law, nothing in this Act 

3 or the implementation of the Settlements, other than as ex4 plicitly provided for in this Act or the Settlements— 

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

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

7 the receipt of funds; or 

8 (2) shall be considered an offset against any obli9 gations or funds in existence on the date of enactment 

10 of this Act, under any Federal or State law. 

11 (g) TRIBAL RIGHTS PROTECTED.—Nothing in this Act 

12 or the Settlements— 

13 (1) affects the rights of any Indian tribe outside 

14 the Klamath Basin; or 

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

16 Indian tribes of the Klamath Basin to exercise any 

17 water rights the Indian tribes hold or may be deter18 mined to hold except as expressly provided in the 

19 Agreements. 

20 (h) WATER RIGHTS.— 

21 (1) IN GENERAL.—Except as specifically pro22 vided in this Act and the Settlements, nothing in this 

23 Act or the Settlements creates or determines water 

24 rights or affects water rights or water right claims in 

25 existence on the date of enactment of this Act. 


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1 (2) NO STANDARD FOR QUANTIFICATION.—Noth2 ing in this Act or the Settlements establishes any 

3 standard for the quantification of Federal reserved 

4 water rights or any water claims of any Indian tribe 

5 in any judicial or administrative proceeding. 

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

7 in land or water pursuant to either Agreement shall be from 

8 willing sellers. 

9 (j) NO PRIVATE RIGHT OF ACTION.— 

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

11 any person or entity not a party to the Settlements 

12 a private right of action or claim for relief to inter13 pret or enforce this Act or the Settlements. 

14 (2) OTHER LAW.—This subsection does not alter 

15 or curtail any right of action or claim for relief under 

16 any other applicable law. 

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

18 jurisdiction of State courts to review Federal agency actions 

19 or determine Federal rights. 

20 (l) RELATIONSHIP TO CERTAIN OTHER FEDERAL

21 LAW.— 

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

23 supersedes, modifies, or otherwise affects— 

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

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


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1 (B) the National Wildlife Refuge System 

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

3 seq.); 

4 (C) the Endangered Species Act of 1973 (16 

5 U.S.C. 1531 et seq.); 

6 (D) the National Environmental Policy Act 

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

8 (E) the Federal Water Pollution Control Act 

9 (33 U.S.C. 1251 et seq.), except to the extent sec10 tion 8(b)(4) of this Act requires a permit under 

11 section 404 of that Act (33 U.S.C. 1344), not12 withstanding section 404(r) of that Act (33 

13 U.S.C. 1344(r)); or 

14 (F) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

16 (G) the Treaty between the United States 

17 and the Klamath and Moadoc Tribes and the 

18 Yahooskin Band of Snake Indians dated October 

19 14, 1864 (16 Stat. 707); or 

20 (H) the Klamath Indian Tribe Restoration 

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

22 (2) CONSISTENCY.—The Agreements shall be con23 sidered consistent with subsections (a) through (c) of 

24 section 208 of the Department of Justice Appropria25 tion Act, 1953 (43 U.S.C. 666). 


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1 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 actions of the Joint Management Entity and the 

3 Joint Management Entity Technical Team shall not 

4 be subject to the Federal Advisory Committee Act (5 

5 U.S.C. App.). 

6 (m) WAIVER OF SOVEREIGN IMMUNITY BY THE

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

8 through (c) of section 208 of the Department of Justice Ap9 propriations Act, 1953 (43 U.S.C. 666), nothing in this Act 

10 or the implementation of the Settlements waives the sov11 ereign immunity of the United States. 

12 (n) WAIVER OF SOVEREIGN IMMUNITY BY THE PARTY

13 TRIBES.—Nothing in this Act waives or abrogates the sov14 ereign immunity of the Party tribes. 

15 SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES. 

16 (a) KLAMATH PROJECT PURPOSES.— 

17 (1) IN GENERAL.—Subject to paragraph (2) and 

18 subsection (b), the purposes of the Klamath Project 

19 include— 

20 (A) irrigation; 

21 (B) reclamation; 

22 (C) flood control; 

23 (D) municipal; 

24 (E) industrial; 

25 (F) power; 


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1 (G) fish and wildlife purposes; and 

2 (H) National Wildlife Refuge purposes. 

3 (2) EFFECT OF FISH AND WILDLIFE PUR4 POSES.— 

5 (A) IN GENERAL.—Subject to subparagraph 

6 (B), the fish and wildlife and National Wildlife 

7 Refuge purposes of the Klamath Project author8 ized under paragraph (1) shall not adversely af9 fect the irrigation purpose of the Klamath 

10 Project. 

11 (B) WATER ALLOCATIONS AND DELIVERY.— 

12 Notwithstanding subparagraph (A), the water al13 locations and delivery to the National Wildlife 

14 Refuges provided for in the Restoration Agree15 ment shall not constitute an adverse effect on the 

16 irrigation purpose of the Klamath Project for 

17 purposes of this paragraph. 

18 (b) WATER RIGHTS ADJUDICATION.—For purposes of 

19 the determination of water rights in Oregon’s Klamath 

20 Basin adjudication, until the date on which the Appendix 

21 E-1 to the Restoration Agreement is filed in Oregon’s Klam22 ath Basin adjudication pursuant to the Restoration Agree23 ment, the purposes of the Klamath Project shall be the pur24 poses in effect on the day before the date of enactment of 

25 this Act. 


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1 (c) DISPOSITION OF NET REVENUES FROM LEASING

2 OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD3 LIFE REFUGE LAND.—Net revenues from the leasing of ref4 uge land within the Tule Lake National Wildlife Refuge and 

5 Lower Klamath National Wildlife Refuge under section 4 

6 of Public Law 88–567 (78 Stat. 851) (commonly known as 

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

8 (1) Directly, without further appropriation: 

9 (A) 10 percent of net revenues from land 

10 within the Tule Lake National Wildlife Refuge 

11 that are within the boundaries of Tulelake Irri12 gation District to Tulelake Irrigation District, 

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

14 200–5954 and section 2(a) of the Act of August 

15 1, 1956 (70 Stat. 799, chapter 828). 

16 (B) Such amounts as are necessary to coun17 ties as payments in lieu of taxes as provided in 

18 section 3 of Public Law 88–567 (16 U.S.C. 

19 695m). 

20 (2) Subject to appropriation and, when so ap21 propriated, notwithstanding any other provision of 

22 law: 

23 (A) 20 percent of net revenues to the Klam24 ath Basin National Wildlife Refuge Complex of 

25 the United States Fish and Wildlife Service, for 


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1 wildlife management purposes on the Tule Lake 

2 National Wildlife Refuge and the Lower Klam3 ath National Wildlife Refuge. 

4 (B) 10 percent of net revenues from land 

5 within the Lower Klamath National Wildlife 

6 Refuge that are within the boundaries of the 

7 Klamath Drainage District to Klamath Drain8 age District, for operation and maintenance re9 sponsibility for the Federal reclamation water 

10 delivery and drainage facilities within the 

11 boundaries of the Klamath Drainage District 

12 and the Lower Klamath National Wildlife Ref13 uge exclusive of the Klamath Straits Drain, sub14 ject to a transfer agreement with the Bureau of 

15 Reclamation under which the Klamath Drainage 

16 District assumes the operation and maintenance 

17 duties of the Bureau of Reclamation for Klamath 

18 Drainage District (Area K) lease land exclusive 

19 of Klamath Straits Drain. 

20 (C) The remainder of net revenues after ap21 plication of paragraph (1) and subparagraphs 

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

23 Reclamation for— 


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1 (i) operation and maintenance costs of 

2 Link River and Keno Dams incurred by the 

3 United States; and 

4 (ii) to the extent that the revenues re5 ceived under this paragraph for any year 

6 exceed the costs described in clause (i)— 

7 (I) future capital costs of the 

8 Klamath Project; or 

9 (II) the Renewable Power Pro10 gram described in section 17.7 of the 

11 Restoration Agreement, pursuant to an 

12 expenditure plan submitted to and ap13 proved by the Secretary. 

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

15 (a) ACTIONS BY KLAMATH TRIBES.— 

16 (1) RESTORATION AGREEMENT COMMITMENTS

17 ACKNOWLEDGED AND AGREED TO.—In consideration 

18 for the resolution of any contest or exception of the 

19 Klamath Project Water Users to the water rights 

20 claims of the Klamath Tribes and the United States 

21 (acting as trustee for the Klamath Tribes and mem22 bers of the Klamath Tribes in Oregon’s Klamath 

23 Basin adjudication), and for the other commitments 

24 of the Klamath Project Water Users described in the 

25 Restoration Agreement, and for other benefits deVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\S2379.RS S2379

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1 scribed in the Restoration Agreement and this Act, the 

2 Klamath Tribes (on behalf of the Klamath Tribes and 

3 the members of the Klamath Tribes) may make the 

4 commitments provided in the Restoration Agreement. 

5 (2) UPPER BASIN AGREEMENT COMMITMENTS AC6 KNOWLEDGED AND AGREED TO.—In consideration for 

7 the resolution of any contest or exception of the Off8 Project Irrigators to the water rights claims of the 

9 Klamath Tribes and the United States (acting as 

10 trustee for the Klamath Tribes and members of the 

11 Klamath Tribes in Oregon’s Klamath Basin adjudica12 tion), and for the other commitments of the Off13 Project Irrigators described in the upper Basin Agree14 ment, and for other benefits described in the Upper 

15 Basin Agreement and this Act, the Klamath Tribes 

16 (on behalf of the Klamath Tribes and the members of 

17 the Klamath Tribes) may make the commitments pro18 vided in the Upper Basin Agreement. 

19 (3) NO FURTHER ACTION REQUIRED.—Except as 

20 provided in subsection (c), the commitments described 

21 in paragraphs (1) and (2) are confirmed as effective 

22 and binding, in accordance with the terms of the com23 mitments, without further action by the Klamath 

24 Tribes. 


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1 (4) ADDITIONAL COMMITMENTS.—The Klamath 

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

3 tribe) may make additional commitments and assur4 ances in exchange for the resolution of its claims de5 scribed in section 1.3.1 or 2.5.1 of the Upper Basin 

6 Agreement, subject to the conditions that the commit7 ments and assurances shall be— 

8 (A) consistent with this Act, the Settle9 ments, and other applicable provisions of law, 

10 based on the totality of the circumstances; and 

11 (B) covered by a written agreement signed 

12 by the Klamath Tribes and the United States 

13 (acting as trustee for the tribe and the members 

14 of the tribe in Oregon’s Klamath Basin adju15 dication) pursuant to subsection (f). 

16 (b) ACTIONS BY KARUK TRIBE AND YUROK TRIBE.— 

17 (1) COMMITMENTS ACKNOWLEDGED AND AGREED

18 TO.—In consideration for the commitments of the 

19 Klamath Project Water Users described in the Res20 toration Agreement, and other benefits described in 

21 the Restoration Agreement and this Act, the Karuk 

22 Tribe and the Yurok Tribe (on behalf of the tribe and 

23 the members of the tribe) may make the commitments 

24 provided in the Restoration Agreement, . 


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1 (2) NO FURTHER ACTION REQUIRED.—Except as 

2 provided in subsection (c), the commitments described 

3 in paragraph (1) are confirmed as effective and bind4 ing, in accordance with the terms of the commitments, 

5 without further action by the Yurok Tribe or Karuk 

6 Tribe. 

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

8 (1) IN GENERAL.—Subject to paragraph (2), sub9 section (d), and the Agreements, but without otherwise 

10 affecting any right secured by a treaty, Executive 

11 order, or other law, the Party tribes (on behalf of the 

12 tribes and the members of the tribes) may relinquish 

13 and release certain claims against the United States 

14 (including any Federal agencies and employees) de15 scribed in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i 

16 of the Restoration Agreement and, in the case of the 

17 Klamath Tribes, section 2.5 of the Upper Basin 

18 Agreement. 

19 (2) CONDITIONS.—The relinquishments and re20 leases under paragraph (1) shall not take force or ef21 fect until the terms described in sections 15.3.5.C, 

22 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 

23 33.2.1 of the Restoration Agreement and sections 2.4 

24 and 10 of the Upper Basin Agreement have been ful25 filled. 


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1 (d) RETENTION OF RIGHTS OF PARTY TRIBES.—Not2 withstanding subsections (a) through (c) or any other provi3 sion of this Act, the Party tribes (on behalf of the tribes 

4 and the members of the tribes) and the United States (act5 ing as trustee for the Party tribes), shall retain— 

6 (1) all claims and rights described in sections 

7 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restora8 tion Agreement; and 

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

10 Party Tribes in negotiations pursuant to section 

11 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restora12 tion Agreement. 

13 (e) TOLLING OF CLAIMS.— 

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

15 period of limitation and time-based equitable defense 

16 relating to a claim described in subsection (c) shall 

17 be tolled during the period— 

18 (A) beginning on the date of enactment of 

19 this Act; and 

20 (B) ending on the earlier of— 

21 (i) the date on which the Secretary 

22 publishes the notice described in sections 

23 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the 

24 Restoration Agreement; or 

25 (ii) December 1, 2030. 


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1 (2) EFFECT OF TOLLING.—Nothing in this sub2 section— 

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

4 limitation or time-based equitable defense that 

5 expired before the date of enactment of this Act; 

6 or 

7 (B) precludes the tolling of any period of 

8 limitation or any time-based equitable defense 

9 under any other applicable law. 

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

11 (1) RESTORATION AGREEMENT COMMITMENTS

12 AUTHORIZED.—In consideration for the commitments 

13 of the Klamath Project Water Users described in the 

14 Restoration Agreement and for other benefits de15 scribed in the Restoration Agreement and this Act, the 

16 United States, acting as trustee for the federally rec17 ognized tribes of the Klamath Basin and the members 

18 of such tribes, may make the commitments provided 

19 in the Restoration Agreement. 

20 (2) UPPER BASIN AGREEMENT COMMITMENTS

21 AUTHORIZED.—In consideration for the commitments 

22 of the Off-Project Irrigators described in the Upper 

23 Basin Agreement and for other benefits described in 

24 the Upper Basin Agreement and this Act, the United 

25 States, acting as trustee for the Klamath Tribes and 


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1 the members of the Klamath Tribes, may make the 

2 commitments provided in the Upper Basin Agree3 ment. 

4 (3) NO FURTHER ACTION.—The commitments de5 scribed in paragraphs (1) and (2) are confirmed as 

6 effective and binding, in accordance with the terms of 

7 the commitments, without further action by the 

8 United States. 

9 (4) ADDITIONAL COMMITMENTS.—The United 

10 States, acting as trustee for the Klamath Tribes and 

11 the members of the Klamath Tribes in Oregon’s Klam12 ath Basin Adjudication, may make additional com13 mitments and assurances of rights in exchange for the 

14 resolution of the tribal water right claims described in 

15 section 1.3.1 or 2.5.1 of the Upper Basin Agreement, 

16 subject to the conditions that the commitments or as17 surances shall be— 

18 (A) consistent with this Act, the Settle19 ments, and other applicable provisions of law, 

20 based on the totality of the circumstances; and 

21 (B) covered by a written agreement signed 

22 by the Klamath Tribes and the United States 

23 (acting as trustee for the Klamath Tribes and the 

24 members of the tribe in Oregon’s Klamath Basin 

25 adjudication) under subsection (a)(3)(B). 


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

2 of the Secretary concerning any right or obligation under 

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

4 15.3.9 of the Restoration Agreement shall be in accordance 

5 with the standard and scope of review under subchapter II 

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

7 (commonly known as the ‘‘Administrative Procedure Act’’). 

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

9 (1) affects the ability of the United States to take 

10 any action— 

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

12 sovereign capacity of the United States, includ13 ing any law relating to health, safety, or the en14 vironment, including— 

15 (i) the Federal Water Pollution Control 

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

17 (ii) the Safe Drinking Water Act (42 

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

19 (iii) the Solid Waste Disposal Act (42 

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

21 (iv) the Comprehensive Environmental 

22 Response, Compensation, and Liability Act 

23 of 1980 (42 U.S.C. 9601 et seq.) 

24 (v) the Endangered Species Act of 1973 

25 (16 U.S.C. 1531 et seq.); and 


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1 (vi) regulations implementing the Acts 

2 described in this subparagraph; and 

3 (B) as trustee for the benefit of any feder4 ally recognized Indian tribe other than an In5 dian tribe of the Klamath Basin; 

6 (C) as trustee for the Party tribes to enforce 

7 the Agreements and this Act through such legal 

8 and equitable remedies as are available in an 

9 appropriate United States court or State court 

10 or administrative proceeding, including Oregon’s 

11 Klamath Basin adjudication; or 

12 (D) as trustee for the federally recognized 

13 Indian tribes of the Klamath Basin and the 

14 members of the tribes, in accordance with the 

15 Agreements and this Act— 

16 (i) to acquire water rights after the ef17 fective date of the Agreements (as defined in 

18 section 1.5.1 of the Restoration Agreement 

19 and section 14.3 of the Upper Basin Agree20 ment); 

21 (ii) to use and protect water rights, in22 cluding water rights acquired after the effec23 tive date of the Agreements (as defined in 

24 section 1.5.1 of the Restoration Agreement 


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1 and section 14.3 of the Upper Basin Agree2 ment), subject to the Agreements; or 

3 (iii) to claim a water right or continue 

4 to advocate for an existing claim for water 

5 rights in an appropriate United States 

6 court or State court or administrative pro7 ceeding, subject to the Agreements; 

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

9 pasturing, or gathering right of any Indian tribe ex10 cept to the extent expressly provided in this Act or the 

11 Agreements; or 

12 (3) affects any right, remedy, privilege, immu13 nity, power, or claim not specifically relinquished 

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

15 Agreements. 

16 SEC. 6. WATER AND POWER PROVISIONS. 

17 The Klamath Basin Water Supply Enhancement Act 

18 of 2000 (Public Law 106–498; 114 Stat. 2221) is amend19 ed— 

20 (1) by redesignating sections 4 through 6 as sec21 tions 5 through 7, respectively; and 

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

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

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


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1 ‘‘(1) OFF-PROJECT AREA.—The term ‘Off-Project 

2 Area’ means— 

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

4 Sycan River, Williamson River, and Wood Val5 ley (including Crooked Creek, Sevenmile Creek, 

6 Fourmile Creek, and Crane Creek) subbasins re7 ferred to in Exhibit B of the Upper Basin Agree8 ment; and 

9 ‘‘(B) to the extent provided for in the Upper 

10 Basin Agreement, any other areas for which 

11 claims described by section 1.3 or 2.5.1 of the 

12 Upper Basin Agreement are settled as provided 

13 for in section 2.5.1 of the Upper Basin Agree14 ment. 

15 ‘‘(2) ON-PROJECT POWER USER.—The term ‘On16 Project Power User’ has the meaning given the term 

17 in the Restoration Agreement. 

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

19 ‘Restoration Agreement’ means the agreement entitled 

20 ‘Klamath River Basin Restoration Agreement for the 

21 Sustainability of Public and Trust Resources and Af22 fected Communities’ and dated February 18, 2010 

23 (including any amendments adopted prior to the date 

24 of enactment of this Act and any further amendment 

25 to that agreement approved pursuant to section 3(a) 


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1 of the Klamath Basin Water Recovery and Economic 

2 Restoration Act of 2014). 

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

4 ‘Upper Basin Agreement’ means the agreement enti5 tled ‘Upper Klamath Basin Comprehensive Agree6 ment’ and dated April 18, 2014 (including any 

7 amendment to that agreement). 

8 ‘‘(b) ACTION BY SECRETARY.— 

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

10 any activities, including by entering into an agree11 ment or contract or otherwise making financial as12 sistance available— 

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

14 including activities to reduce water consumption 

15 and demand, consistent with the Restoration 

16 Agreement or the Upper Basin Agreement; 

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

18 manage water (including by arranging for deliv19 ery of Federal power, consistent with the Res20 toration Agreement and the Upper Basin Agree21 ment) for— 

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

23 meaning of section 2); 

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


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

2 Area; and 

3 ‘‘(iv) the Klamath Basin National 

4 Wildlife Refuge Complex; and 

5 ‘‘(C) to restore any ecosystem and otherwise 

6 protect fish and wildlife in the Klamath Basin 

7 watershed, including tribal fishery resources held 

8 in trust, consistent with Restoration Agreement 

9 and the Upper Basin Agreement. 

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

11 Secretary under paragraph (1)(B) shall be considered 

12 an authorized sale under section 5(b)(3) of the Pacific 

13 Northwest Electric Power Planning and Conservation 

14 Act (16 U.S.C. 839c(b)(3)).’’. 

15 SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND. 

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

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

18 ‘‘Klamath Tribes Tribal Resource Fund’’ (referred to in this 

19 section as the ‘‘Fund’’), consisting of the amounts deposited 

20 in the Fund under subsection (b), together with any interest 

21 earned on those amounts, to be managed, invested, and ad22 ministered by the Secretary for the benefit of the Klamath 

23 Tribes in accordance with the terms of section 2.4 of the 

24 Upper Basin Agreement, to remain available until ex25 pended. 


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

2 such amounts as are appropriated to the Fund under sub3 section (k), which shall be deposited in the Fund not later 

4 than 60 days after the amounts are appropriated and any 

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

6 (c) MANAGEMENT BY THE SECRETARY.—Absent an ap7 proved tribal investment plan under subsection (d) or an 

8 economic development plan under subsection (e), the Sec9 retary shall manage, invest, and distribute all amounts in 

10 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, 1938 

13 (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 investment 

21 provided for in subsection (c), the Klamath 

22 Tribes may submit a tribal investment plan to 

23 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 sec12 tion. 

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 such 

24 steps as the Secretary determines to be necessary to 


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1 monitor the compliance of a Tribe with an investment 

2 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 the 

4 date on which an economic development plan is sub5 mitted under paragraph (1), the Secretary shall ap6 prove the economic development plan if the Secretary 

7 finds that the plan meets the requirements of the 

8 American Indian Trust Fund Management Reform 

9 Act of 1994 (25 U.S.C. 4001 et seq.) and this section. 

10 (3) USE OF FUNDS.—The economic development 

11 plan under this subsection shall— 

12 (A) require that the Klamath Tribes spend 

13 all amounts withdrawn from the Fund in ac14 cordance with this section; and 

15 (B) include such terms and conditions as 

16 are necessary to meet the requirements of this 

17 section. 

18 (4) RESOURCE ACQUISITION AND ENHANCEMENT

19 PLAN.—The economic development plan shall include 

20 a resource acquisition and enhancement plan, which 

21 shall— 

(A) require that not less than 1 22 ⁄2 of the 

23 amounts appropriated for each fiscal year to 

24 carry out this section shall be used to enhance, 

25 restore, and utilize the natural resources of the 


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1 Klamath Tribes, in a manner that also provides 

2 for the economic development of the Klamath 

3 Tribes and, as determined by the Secretary, di4 rectly or indirectly benefit adjacent non-Indian 

5 communities; and 

6 (B) be reasonably related to the protection, 

7 acquisition, enhancement, or development of nat8 ural resources for the benefit of the Klamath 

9 Tribes and members of the Klamath Tribes. 

10 (5) MODIFICATION.—Subject to the requirements 

11 of this Act and approval by the Secretary, the Klam12 ath Tribes may modify a plan approved under this 

13 subsection. 

14 (6) LIMITATION ON LIABILITY.—The United 

15 States shall not be directly or indirectly liable for any 

16 claim or cause of action arising from— 

17 (A) the approval of a plan under this para18 graph; or 

19 (B) the use or expenditure by the Klamath 

20 Tribes of any amount in the Fund. 

21 (f) LIMITATION ON PER CAPITA DISTRIBUTIONS.—No 

22 amount in the Fund (including any income accruing to the 

23 amount) and no revenue from any water use contract may 

24 be distributed to any member of the Klamath Tribes on a 

25 per capita basis. 


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1 (g) LIMITATION ON DISBURSEMENT.— 

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

3 amounts in the Fund shall not be available for dis4 bursement under this section until the Klamath 

5 Tribes— 

6 (A) make the commitments set forth in the 

7 Agreements; and 

8 (B) are determined by the Secretary to be 

9 in substantial compliance with those commit10 ments. 

11 (2) EARLY DISBURSEMENT.—Based on the 

12 unique history of the loss of reservation land by the 

13 Klamath Tribes through termination of Federal rec14 ognition and acknowledging that restoration of tribal 

15 land is essential to building the tribal economy and 

16 achieving self-determination, the Secretary may dis17 burse funds to the Klamath Tribes prior to the satis18 faction of the requirements of paragraph (1) on a de19 termination by the Secretary that such funds are 

20 available and that early disbursement will support 

21 activities designed to increase employment opportuni22 ties for members of the Klamath Tribes. 

23 (3) AGREEMENTS.—Any such disbursement shall 

24 be in accordance with a written agreement between 


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1 the Secretary and the Klamath Tribes that provides 

2 the following: 

3 (A) For any disbursement to purchase land 

4 that is to be placed in trust pursuant to section 

5 6 of the Klamath Indian Tribe Restoration Act 

6 (25 U.S.C. 566d), the written agreement shall 

7 specify that if assurances made do not become 

8 permanent as described in section 15.3.3 of the 

9 Restoration Agreement and on publication of a 

10 notice by the Secretary pursuant to section 

11 15.3.4.C of the Restoration Agreement or section 

12 10.2 of the Upper Basin Agreement, any land 

13 purchased with disbursements from the Fund 

14 shall revert back to sole ownership by the United 

15 States unless, prior to reversion, the Klamath 

16 Tribes enter into a written agreement to repay 

17 the purchase price to the United States, without 

18 interest, in annual installments over a period 

19 not to exceed 40 years. 

20 (B) For any disbursement to support eco21 nomic activity and creation of tribal employ22 ment opportunities (including any rehabilitation 

23 of existing properties to support economic activi24 ties), the written agreement shall specify that if 

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1 scribed in section 15.3.3 of the Restoration 

2 Agreement and on publication of a notice by the 

3 Secretary pursuant to section 15.3.4.C of the 

4 Restoration Agreement or section 10.2 of the 

5 Upper Basin Agreement, any amounts disbursed 

6 from the Fund shall be repaid to the United 

7 States, without interest, in annual installments 

8 over a period not to exceed 40 years. 

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

10 made available for any purpose other than a purpose de11 scribed in this section. 

12 (i) ANNUAL REPORTS.— 

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

14 the end of each fiscal year beginning with fiscal year 

15 2014, the Secretary shall submit to the Committee on 

16 Appropriations of the House of Representatives, the 

17 Committee on Appropriations of the Senate, and the 

18 appropriate authorizing committees of the Senate and 

19 the House of Representatives a report on the oper20 ation of the Fund during the fiscal year. 

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

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

23 (A) A statement of the amounts deposited 

24 into the Fund. 


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1 (B) A description of the expenditures made 

2 from the Fund for the fiscal year, including the 

3 purpose of the expenditures. 

4 (C) Recommendations for additional au5 thorities to fulfill the purpose of the Fund. 

6 (D) A statement of the balance remaining 

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

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

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

10 the Klamath Tribes and the United States. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $8,000,000 for each fiscal year, not to exceed a total amount 

14 of $40,000,000. 

15 SEC. 8. HYDROELECTRIC FACILITIES. 

16 (a) FACILITIES REMOVAL DETERMINATION.— 

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

18 accordance with section 3 of the Hydroelectric Settle19 ment, the Governors and the Secretary shall jointly— 

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

21 enactment of this Act, determine whether to pro22 ceed with facilities removal, based on but not 

23 limited to factors identified in the Hydroelectric 

24 Settlement; and 


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1 (B) if the Governors and the Secretary de2 termine under subparagraph (A) to proceed with 

3 facilities removal, include in the determination 

4 the designation of a dam removal entity, subject 

5 to paragraph (6). 

6 (2) BASIS FOR DETERMINATION TO PROCEED.— 

7 For purposes of making a determination under para8 graph (1)(A), the Governors and the Secretary, in co9 operation with the Secretary of Commerce and other 

10 appropriate entities, shall— 

11 (A) use existing information; 

12 (B) conduct any necessary additional stud13 ies; 

14 (C) comply with the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et 

16 seq.); and 

17 (D) take such other actions as the Governors 

18 and the Secretary determine to be appropriate to 

19 support the determination under paragraph (1). 

20 (3) CONDITIONS FOR DETERMINATION TO PRO21 CEED.—The Secretary and the Governors may not 

22 make or publish the determination under this sub23 section, unless the conditions specified in section 3.3.4 

24 of the Hydroelectric Settlement, as modified by this 

25 Act as applicable, have been satisfied. 


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1 (4) PUBLICATION OF NOTICE.—The Secretary 

2 shall publish notification of the determination under 

3 this subsection in the Federal Register. 

4 (5) JUDICIAL REVIEW OF DETERMINATION.— 

5 (A) IN GENERAL.—For purposes of judicial 

6 review, the determination of the Secretary under 

7 paragraph (1) shall constitute a final agency ac8 tion with respect to whether or not to proceed 

9 with facilities removal. 

10 (B) PETITION FOR REVIEW.— 

11 (i) FILING.— 

12 (I) IN GENERAL.—Judicial review 

13 of the determination and related ac14 tions to comply with environmental 

15 laws (including the National Environ16 mental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.), the Endangered Species 

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

19 and the National Historic Preservation 

20 Act (16 U.S.C. 470 et seq.)) may be ob21 tained by an aggrieved person only as 

22 provided in this paragraph. 

23 (II) JURISDICTION.—A petition 

24 for review under this paragraph may 

25 be filed only in the United States 


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1 Court of Appeals for the District of Co2 lumbia Circuit or in the Ninth Circuit 

3 Court of Appeals. 

4 (III) LIMITATION.—A district 

5 court of the United States and a State 

6 court shall not have jurisdiction to re7 view the determination of the Secretary 

8 or related actions to comply with envi9 ronmental laws described in subclause 

10 (I). 

11 (ii) DEADLINE.— 

12 (I) IN GENERAL.—Except as pro13 vided in subclause (II), any petition 

14 for review under this paragraph shall 

15 be filed not later than 60 days after the 

16 date of publication of the determina17 tion in the Federal Register. 

18 (II) SUBSEQUENT GROUNDS.—If 

19 a petition is based solely on grounds 

20 arising after the date that is 60 days 

21 after the date of publication of the de22 termination in the Federal Register, 

23 the petition for review under this sub24 section shall be filed not later than 60 

25 days after the grounds arise. 


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1 (C) IMPLEMENTATION.—Any action of the 

2 Secretary with respect to which review could 

3 have been obtained under this paragraph shall 

4 not be subject to judicial review in any action 

5 relating to the implementation of the determina6 tion of the Secretary or in proceedings for en7 forcement of the Hydroelectric Settlement. 

8 (D) APPLICABLE STANDARD AND SCOPE.— 

9 Judicial review of the determination of the Sec10 retary shall be in accordance with the standard 

11 and scope of review under subchapter II of chap12 ter 5, and chapter 7, of title 5, United States 

13 Code (commonly known as the ‘‘Administrative 

14 Procedure Act’’). 

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

16 for reconsideration by the Secretary of an action 

17 subject to review under this subsection shall 

18 not— 

19 (i) affect the finality of the action for 

20 purposes of judicial review; 

21 (ii) extend the time within which a pe22 tition for judicial review under this sub23 section may be filed; or 

24 (iii) postpone the effectiveness of the 

25 action. 


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1 (6) REQUIREMENTS FOR DAM REMOVAL ENTI2 TY.—A dam removal entity designated by the Gov3 ernors and the Secretary under paragraph (1)(B) 

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

5 Secretary— 

6 (A) have the capabilities for facilities re7 moval described in section 7.1.1 of the Hydro8 electric Settlement; 

9 (B) be otherwise qualified to perform facili10 ties removal; and 

11 (C) have committed, if so designated, to per12 form facilities removal within the State Cost 

13 Cap as described in section 4.1.3 of the Hydro14 electric Settlement. 

15 (7) RESPONSIBILITIES OF DAM REMOVAL ENTI16 TY.—The dam removal entity designated by the Gov17 ernors and the Secretary under paragraph (1)(B) 

18 shall have the responsibilities described in section 

19 7.1.2 of the Hydroelectric Settlement. 

20 (b) FACILITIES REMOVAL.— 

21 (1) APPLICABILITY.—This subsection shall apply 

22 if— 

23 (A) the determination of the Governors and 

24 the Secretary under subsection (a) provides for 

25 proceeding with facilities removal; 


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1 (B) the availability of non-Federal funds 

2 for the purposes of facilities removal is consistent 

3 with the Hydroelectric Settlement; and 

4 (C) the Hydroelectric Settlement has not 

5 terminated in accordance with section 8.11 of the 

6 Hydroelectric Settlement. 

7 (2) NON-FEDERAL FUNDS.— 

8 (A) IN GENERAL.—Notwithstanding title 

9 31, United States Code, if the Department of the 

10 Interior is designated as the dam removal entity 

11 under subsection (a)(1)(B), the Secretary may 

12 accept, manage, and expend, without further ap13 propriation, non-Federal funds for the purpose of 

14 facilities removal in accordance with sections 4 

15 and 7 of the Hydroelectric Settlement. 

16 (B) REFUND.—The Secretary may admin17 ister and refund any amounts described in sub18 paragraph (A) received from the State of Cali19 fornia in accordance with the requirements es20 tablished by the State. 

21 (C) INCLUSION.—The costs of dam removal 

22 shall include, within the State Cost Cap de23 scribed in section 4.1.3 of the Hydroelectric Set24 tlement, reasonable compensation for property 

25 owners whose property or property value is diVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\S2379.RS S2379

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1 rectly damaged by facilities removal, consistent 

2 with State, local, and Federal law. 

3 (3) AGREEMENTS.—The dam removal entity 

4 may enter into agreements and contracts as necessary 

5 to assist in the implementation of the Hydroelectric 

6 Settlement. 

7 (4) PROCEEDING WITH FACILITIES REMOVAL.— 

8 (A) IN GENERAL.—The dam removal entity 

9 shall, consistent with the Hydroelectric Settle10 ment— 

11 (i) develop a definite plan for facilities 

12 removal as described in section 7 of the Hy13 droelectric Settlement, including a schedule 

14 for facilities removal; 

15 (ii) obtain all permits, authorizations, 

16 entitlements, certifications, and other ap17 provals necessary to implement facilities re18 moval, including a permit under section 

19 404 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1344), notwithstanding sub21 section (r) of that section; and 

22 (iii) implement facilities removal. 

23 (B) REPORT.— 

24 (i) IN GENERAL.—The Governors and 

25 the Secretary shall prepare and make public 


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1 a report on the determination and plan for 

2 facilities removal. 

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

4 a minimum— 

5 (I) provide a detailed explanation 

6 of the basis for the determination to 

7 proceed with facilities removal and for 

8 the designation of the dam removal en9 tity, including relevant supporting 

10 documents; 

11 (II) include any comments re12 ceived from the Commission on the de13 termination and a written response to 

14 the comments; 

15 (III) state specific goals intended 

16 to be achieved by facilities removal; 

17 (IV) include specific performance 

18 measures that will be used to show 

19 achievements in meeting the goals; 

20 (V) provide a detailed explanation 

21 of factors that are unique to facilities 

22 removal in the Klamath Basin, includ23 ing why the Federal role is limited to 

24 the Klamath Basin and sets no prece25 dent for future Federal action; 


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1 (VI) describe plans to address any 

2 potential costs in excess of the State 

3 Cost Cap described in section 4.1.3 of 

4 the Hydroelectric Settlement; 

5 (VII) describe plans for address6 ing or mitigating intentional or unin7 tentional impacts on local communities 

8 and property owners; and 

9 (VIII) describe how any potential 

10 environmental or other liability con11 cerns will be addressed. 

12 (iii) SUBMISSION.—The report re13 quired under this subparagraph shall be 

14 submitted to— 

15 (I) the Committee on Energy and 

16 Natural Resources of the Senate; 

17 (II) the Committee on Natural 

18 Resources of the House of Representa19 tives; and 

20 (III) the Commission. 

21 (iv) COMMENT AND CONSULTATION BY

22 COMMISSION.—Not later than 180 days be23 fore the publication of the report required 

24 by this subparagraph, the Governors and 

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1 sion the section of the report describing the 

2 basis of the determination to proceed with 

3 dam removal for comment and, as appro4 priate, consultation. 

5 (v) DEADLINE.—The report required 

6 under this subparagraph shall be made pub7 lic— 

8 (I) not less than 1 year before the 

9 date of implementation of facilities re10 moval; and 

11 (II) not more than 2 years before 

12 the date of implementation of facilities 

13 removal. 

14 (C) STATE AND LOCAL LAWS.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (ii), facilities removal shall be 

17 subject to applicable requirements of State 

18 and local laws relating to permits and other 

19 authorizations, to the extent the require20 ments are not in conflict with Federal law, 

21 including the determination of the Gov22 ernors and the Secretary under subsection 

23 (a) and the definite plan (including the 

24 schedule) for facilities removal authorized 

25 under this Act. 


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1 (ii) LIMITATIONS.—Clause (i) shall not 

2 affect— 

3 (I) the authorities of the States re4 garding concurrence with the deter5 mination of the Secretary under sub6 section (a) in accordance with State 

7 law; or 

8 (II) the authority of a State pub9 lic utility commission regarding fund10 ing of facilities removal. 

11 (iii) JURISDICTION.—The United 

12 States district courts shall have original ju13 risdiction over all claims regarding the con14 sistency of State and local laws regarding 

15 permits and other authorizations, and of 

16 State and local actions pursuant to those 

17 laws, with the definite plan (including the 

18 schedule) for facilities removal authorized 

19 under this Act. 

20 (D) ACCEPTANCE OF TITLE TO FACILI21 TIES.— 

22 (i) IN GENERAL.—The dam removal 

23 entity may accept from PacifiCorp all 

24 rights, titles, permits, and other interests in 

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1 ties removal and for disposition of facility 

2 land (as provided in section 7.6.4 of the 

3 Hydroelectric Settlement) on providing to 

4 PacifiCorp a notice that the dam removal 

5 entity is ready to commence facilities re6 moval in accordance with section 7.4.1 of 

7 the Hydroelectric Settlement. 

8 (ii) NON-FEDERAL DAM REMOVAL EN9 TITY.—Notwithstanding section 8 of the 

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

11 transfer of title to facilities from PacifiCorp 

12 to a non-Federal dam removal entity, in ac13 cordance with the Hydroelectric Settlement 

14 and this Act, is authorized. 

15 (E) CONTINUED POWER GENERATION.— 

16 (i) IN GENERAL.—In accordance with 

17 an agreement negotiated under clause (ii), 

18 on transfer of title pursuant to subpara19 graph (C) and until the dam removal entity 

20 instructs PacifiCorp to cease the generation 

21 of power, PacifiCorp may continue, con22 sistent with State law— 

23 (I) to generate, and retain title to, 

24 any power generated by the facilities 


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1 in accordance with section 7 of the Hy2 droelectric Settlement; and 

3 (II) to transmit and use the 

4 power for the benefit of the customers 

5 of PacifiCorp under the jurisdiction of 

6 applicable State public utility commis7 sions and the Commission. 

8 (ii) AGREEMENT WITH DAM REMOVAL

9 ENTITY.—As a condition of transfer of title 

10 pursuant to subparagraph (C), the dam re11 moval entity shall enter into an agreement 

12 with PacifiCorp that provides for continued 

13 generation of power in accordance with 

14 clause (i). 

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

16 the date of the completion of facilities removal, 

17 the Governors and the Secretary shall submit to 

18 the Committee on Energy and Natural Resources 

19 of the Senate, the Committee on Natural Re20 sources of the House of Representatives, and the 

21 Commission— 

22 (i) a detailed report describing the re23 sults of facilities removal, including the sta24 tus of achieving the performance measures 


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1 and goals included in the report described 

2 in subparagraph (B); and 

3 (ii) such additional reports as the 

4 Committees consider appropriate, to be 

5 completed and submitted by the Secretary, 

6 in consultation with the Governors. 

7 (5) LICENSES AND JURISDICTION.— 

8 (A) ANNUAL LICENSES.— 

9 (i) IN GENERAL.—The Commission 

10 shall issue annual licenses authorizing 

11 PacifiCorp to continue to operate the facili12 ties until PacifiCorp transfers title to all of 

13 the facilities. 

14 (ii) TERMINATION.—The annual li15 censes shall terminate with respect to a fa16 cility on transfer of title for the facility 

17 from PacifiCorp to the dam removal entity. 

18 (iii) STAGED REMOVAL.— 

19 (I) IN GENERAL.—On transfer of 

20 title of any facility by PacifiCorp to 

21 the dam removal entity, annual license 

22 conditions shall no longer be in effect 

23 with respect to the facility. 

24 (II) NONTRANSFER OF TITLE.— 

25 Annual license conditions shall remain 


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1 in effect with respect to any facility for 

2 which PacifiCorp has not transferred 

3 title to the dam removal entity to the 

4 extent compliance with the annual li5 cense conditions are not prevented by 

6 the removal of any other facility. 

7 (B) JURISDICTION.—The jurisdiction of the 

8 Commission under part I of the Federal Power 

9 Act (16 U.S.C. 792 et seq.) shall terminate with 

10 respect to a facility on the transfer of title for the 

11 facility from PacifiCorp to the dam removal en12 tity. 

13 (C) RELICENSING.— 

14 (i) IN GENERAL.—The Commission 

15 shall— 

16 (I) stay the proceeding of the 

17 Commission regarding the pending li18 cense application of PacifiCorp for 

19 Project No. 2082 for the period during 

20 which the Hydroelectric Settlement re21 mains in effect; and 

22 (II) resume the proceeding and 

23 proceed to take final action on the new 

24 license application only if the Hydro25 electric Settlement terminates pursuant 


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1 to section 8.11 of the Hydroelectric Set2 tlement. 

3 (D) TERMINATION; LIMITATIONS.—If the 

4 Hydroelectric Settlement is terminated pursuant 

5 to section 8.11 of the Hydroelectric Settlement, 

6 the Commission, in proceedings on the applica7 tion for relicensing, shall not be bound by the 

8 record or findings of the Secretary relating to the 

9 determination of the Secretary or by the deter10 mination of the Secretary. 

11 (c) LIABILITY PROTECTION.— 

12 (1) IN GENERAL.—Notwithstanding any other 

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

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

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

16 resulting from facilities removal or facility operations 

17 arising from, relating to, or triggered by actions asso18 ciated with facilities removal under this Act, includ19 ing any damage caused by the release of any material 

20 or substance (including a hazardous substance). 

21 (2) FUNDING.—Notwithstanding any other Fed22 eral, State, local, or common law, no individual or 

23 entity contributing funds for facilities removal shall 

24 be held liable, solely by virtue of that funding, for any 

25 harm to an individual or entity, property, or the enVerDate Sep 11 2014 01:07 Dec 11, 2014 Jkt 049200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\S2379.RS S2379

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1 vironment, or damages arising from facilities removal 

2 or facility operations arising from, relating to, or 

3 triggered by actions associated with facilities removal 

4 under this Act, including any damage caused by the 

5 release of any material or substance (including a haz6 ardous substance). 

7 (3) PREEMPTION.—Notwithstanding section 

8 10(c) of the Federal Power Act (16 U.S.C. 803(c)), 

9 protection from liability pursuant to this section shall 

10 preempt the laws of any State to the extent the laws 

11 are inconsistent with this Act, except that this Act 

12 shall not limit any otherwise-available immunity, 

13 privilege, or defense under any other provision of law. 

14 (4) EFFECTIVE DATE.—Liability protection 

15 under this subsection shall take effect as the protection 

16 relates to any particular facilities on transfer of title 

17 to the facility from PacifiCorp to the dam removal 

18 entity designated by the Secretary under subsection 

19 (a)(1)(B). 

20 (d) FACILITIES NOT REMOVED.— 

21 (1) KENO FACILITY.— 

22 (A) TRANSFER.—On notice that the dam re23 moval entity is ready to commence removal of 

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

25 the transfer of title to the Keno Facility to the 


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1 United States in accordance with section 7.5 of 

2 the Hydroelectric Settlement. 

3 (B) EFFECT OF TRANSFER.—On the trans4 fer under subparagraph (A), and without further 

5 action by Congress— 

6 (i) the Keno Facility shall— 

7 (I) become part of the Klamath 

8 Reclamation Project; and 

9 (II) be operated and maintained 

10 in accordance with the Federal rec11 lamation laws and this Act; and 

12 (ii) the jurisdiction of the Commission 

13 over the Keno Facility shall terminate. 

14 (2) EAST SIDE AND WEST SIDE DEVELOP15 MENTS.—On filing by PacifiCorp of an application 

16 for surrender of the East Side and West Side Develop17 ments in Project No. 2082, the Commission shall issue 

18 an order approving partial surrender of the license 

19 for Project No. 2082, including any reasonable and 

20 appropriate conditions, as provided in section 6.4.1 of 

21 the Hydroelectric Settlement. 

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

23 the date of the transfer of title to the Iron Gate Facil24 ity to the dam removal entity, the Commission shall 

25 resume timely consideration of the pending licensing 


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1 application for the Fall Creek development pursuant 

2 to the Federal Power Act (16 U.S.C. 791a et seq.), re3 gardless of whether PacifiCorp retains ownership of 

4 Fall Creek or transfers ownership to a new licensee. 

5 (4) IRON GATE HATCHERY.—Notwithstanding 

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

7 consistent with section 7.6.6 of the Hydroelectric Set8 tlement title to the PacifiCorp hatchery facilities 

9 within the State of California shall be transferred to 

10 the State of California at— 

11 (A) the time of transfer to the dam removal 

12 entity of title to the Iron Gate Dam; or 

13 (B) such other time as may be agreed to by 

14 the parties to the Hydroelectric Settlement. 

15 SEC. 9. ADMINISTRATION AND FUNDING. 

16 (a) AGREEMENTS.— 

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

18 into such agreements (including contracts, memo19 randa of understanding, financial assistance agree20 ments, cost sharing agreements, and other appro21 priate agreements) with State, tribal, and local gov22 ernment agencies or private individuals and entities 

23 as the Secretary concerned consider to be necessary to 

24 carry out this Act and the Settlements, subject to such 


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1 terms and conditions as the Secretary concerned con2 siders to be necessary. 

3 (2) TRIBAL PROGRAMS.—Consistent with para4 graph (1) and section 32 of the Restoration Agree5 ment, the Secretaries shall give priority to qualified 

6 Party tribes in awarding grants, contracts, or other 

7 agreements for purposes of implementing the fisheries 

8 programs described in part III of the Restoration 

9 Agreement. 

10 (b) ESTABLISHMENT OF ACCOUNTS .—There are estab11 lished in the Treasury for the deposit of appropriations and 

12 other funds (including non-Federal donated funds) the fol13 lowing noninterest-bearing accounts: 

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

15 Management Fund, to be administered by the Bureau 

16 of Reclamation. 

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

18 Reliance Fund, to be administered by the United 

19 States Fish and Wildlife Service. 

20 (3) The Klamath Drought Fund, to be adminis21 tered by the National Fish and Wildlife Foundation. 

22 (c) MANAGEMENT.— 

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

24 subsection (b) shall be managed in accordance with 


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1 this Act and section 14.3 of the Restoration Agree2 ment. 

3 (2) TRANSFERS.—Notwithstanding section 1535 

4 of title 31, United States Code, the Secretaries are au5 thorized to enter into interagency agreements for the 

6 transfer of Federal funds between Federal programs 

7 for the purpose of implementing this Act and the Set8 tlements. 

9 (d) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL

10 FUNDS.— 

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

12 United States Code, the Secretaries may accept and 

13 expend, without further appropriation, non-Federal 

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

15 implementing the Settlement. 

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

17 paragraph (1) may be expended or used, as applica18 ble, only for the purpose for which the funds or prop19 erty were provided. 

20 (e) FUNDS AVAILABLE UNTIL EXPENDED.—All funds 

21 made available for the implementation of the Settlements 

22 shall remain available until expended. 

23 (f) TERMINATION OF AGREEMENTS.—If any Agree24 ment terminates— 


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1 (1) any appropriated Federal funds provided to 

2 a party that are unexpended at the time of the termi3 nation of the Agreement shall be returned to the gen4 eral fund of the Treasury; and 

5 (2) any appropriated Federal funds provided to 

6 a party shall be treated as an offset against any 

7 claim for damages by the party arising under the 

8 Agreement. 

9 (g) BUDGET.— 

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

11 shall include such requests as the President considers 

12 to be necessary for the level of funding for each of the 

13 Federal agencies to carry out the responsibilities of 

14 the agencies under the Settlements. 

15 (2) CROSSCUT BUDGET.—Not later than the date 

16 of submission of the budget of the President to Con17 gress for each fiscal year, the Director of the Office of 

18 Management and Budget shall submit to the appro19 priate authorizing and appropriating committees of 

20 the Senate and the House of Representatives a finan21 cial report containing— 

22 (A) an interagency budget crosscut report 

23 that displays the budget proposed for each of the 

24 Federal agencies to carry out the Settlements for 

25 the upcoming fiscal year, separately showing 


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1 funding requested under preexisting authorities 

2 and new authorities provided by this Act; 

3 (B) a detailed accounting of all funds re4 ceived and obligated by all Federal agencies re5 sponsible for implementing the Settlements; and 

6 (C) a budget for proposed actions to be car7 ried out in the upcoming fiscal year by the ap8 plicable Federal agencies in the upcoming fiscal 

9 year. 

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

11 of submission of the budget of the President to Congress for 

12 each fiscal year, the Secretaries shall submit to the appro13 priate authorizing committees of the Senate and the House 

14 of Representatives a report that describes— 

15 (1) the status of implementation of all of the Set16 tlements; 

17 (2) expenditures during the preceding fiscal year 

18 for implementation of all of the Settlements; 

19 (3) the current schedule and funding levels that 

20 are needed to complete implementation of each of the 

21 Settlements; 

22 (4) achievements in advancing the purposes of 

23 complying with the Endangered Species Act of 1973 

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


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1 (5) additional achievements in restoring fisheries 

2 under the Settlements; 

3 (6) the status of water deliveries for the pre4 ceding water year and projections for the upcoming 

5 water year for— 

6 (A) the Klamath Project and irrigators in 

7 the Off-Project Area pursuant to the Agreements; 

8 and 

9 (B) the National Wildlife Refuges in areas 

10 covered by the Agreements; 

11 (7) the status of achieving the goals of sup12 porting sustainable agriculture production (including 

13 the goal of limiting net power costs for water manage14 ment) and general economic development in the 

15 Klamath Basin; 

16 (8) the status of achieving the goal of supporting 

17 the economic development of the Party tribes; 

18 (9) the assessment of the Secretaries of the 

19 progress being made toward completing implementa20 tion of all of the Settlements; 

21 (10)(A) identification of performance measures 

22 established for the goals of the Agreements and of fa23 cilities removal as described in the report to Congress 

24 required under section 8(b)(4)(B); and 


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1 (B) until achieved, the assessment of the Secre2 taries of the progress being made toward meeting the 

3 performance measures; and 

4 (11) the status of plans to address any potential 

5 cost in excess of the State cost cap as described in the 

6 report to Congress required under section 8(b)(4)(B). 


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Calendar No. 639 

113TH CONGRESS 

2D SESSION S. 2379 

[Report No. 113–299] 

A BILL 

To approve and implement the Klamath Basin 

the United States, and for other purposes. Basin in the public interest and the interest of agricultural production in the Klamath River ment, support economic development, and sustain agreements, to improve natural resource manageDECEMBER 10, 2014 

Reported with an amendment 


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