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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2379 Reported in Senate (RS)]

                                                       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.

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

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

<DELETED>    This Act may be cited as the ``Klamath Basin Water 
Recovery and Economic Restoration Act of 2014''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agreement.--The term ``Agreement'' means each 
        of--</DELETED>
                <DELETED>    (A) the Restoration Agreement; 
                and</DELETED>
                <DELETED>    (B) the Upper Basin Agreement.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        Federal Energy Regulatory Commission.</DELETED>
        <DELETED>    (3) Facilities removal.--The term ``facilities 
        removal'' means--</DELETED>
                <DELETED>    (A) physical removal of all or part of 
                each facility to achieve, at a minimum, a free-flowing 
                condition and volitional fish passage;</DELETED>
                <DELETED>    (B) site remediation and restoration, 
                including restoration of previously inundated 
                land;</DELETED>
                <DELETED>    (C) measures to avoid or minimize adverse 
                downstream impacts; and</DELETED>
                <DELETED>    (D) all associated permitting for the 
                actions described in this paragraph.</DELETED>
        <DELETED>    (4) Facility.--The term ``facility'' means the 
        following 1 or more hydropower facilities (including 
        appurtenant works licensed to PacifiCorp) within the 
        jurisdictional boundary of the Klamath Hydroelectric Project, 
        FERC Project No. 2082 (as applicable):</DELETED>
                <DELETED>    (A) Iron Gate Dam.</DELETED>
                <DELETED>    (B) Copco No. 1 Dam.</DELETED>
                <DELETED>    (C) Copco No. 2 Dam.</DELETED>
                <DELETED>    (D) J.C. Boyle Dam.</DELETED>
        <DELETED>    (5) Hydroelectric settlement.--The term 
        ``Hydroelectric Settlement'' means the agreement entitled 
        ``Klamath Hydroelectric Settlement Agreement'' and dated 
        February 18, 2010 (including any amendments to that agreement 
        approved pursuant to section 3(a)).</DELETED>
        <DELETED>    (6) Joint management entity.--The term ``Joint 
        Management Entity'' means the entity that--</DELETED>
                <DELETED>    (A) is comprised of the Landowner Entity, 
                the Klamath Tribes, the United States, and the State of 
                Oregon;</DELETED>
                <DELETED>    (B) represents the interests of the 
                parties to the Upper Basin Agreement; and</DELETED>
                <DELETED>    (C) is responsible for overseeing 
                implementation of the Upper Basin Agreement, as 
                described in section 7 of the Upper Basin 
                Agreement.</DELETED>
        <DELETED>    (7) Joint management entity technical team.--The 
        term ``Joint Management Entity Technical Team'' means the group 
        of specialists appointed by the Joint Management Entity as 
        provided for in section 7.8 of the Upper Basin 
        Agreement.</DELETED>
        <DELETED>    (8) Keno facility.--The term ``Keno Facility'' 
        means the dam located in Klamath County, Oregon, land 
        underlying the dam, appurtenant facilities, and PacifiCorp-
        owned property described as Klamath County Map Tax Lot R-3907-
        03600-00200-000.</DELETED>
        <DELETED>    (9) Klamath basin.--</DELETED>
                <DELETED>    (A) In general.--The term ``Klamath 
                Basin'' means the land tributary to the Klamath River 
                in Oregon and California.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``Klamath 
                Basin'' includes the Lost River and Tule Lake 
                Basins.</DELETED>
        <DELETED>    (10) Klamath project.--</DELETED>
                <DELETED>    (A) In general.--The term ``Klamath 
                Project'' means the Bureau of Reclamation project in 
                the States of California and Oregon, as authorized 
                under the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093).</DELETED>
                <DELETED>    (B) Inclusions.--The term ``Klamath 
                Project'' includes any dams, canals, and other works 
                and interests for water diversion, storage, delivery, 
                and drainage, flood control, and similar functions that 
                are part of the project described in subparagraph 
                (A).</DELETED>
        <DELETED>    (11) Klamath project water users.--The term 
        ``Klamath Project Water Users'' has the meaning given the term 
        in the Restoration Agreement.</DELETED>
        <DELETED>    (12) Landowner entity.--The term ``Landowner 
        Entity'' means the entity established pursuant to section 8 of 
        the Upper Basin Agreement.</DELETED>
        <DELETED>    (13) Off-project area.--The term ``Off-Project 
        Area'' means--</DELETED>
                <DELETED>    (A) the areas within the Sprague River, 
                Sycan River, Williamson River, and Wood Valley 
                (including the Wood River, Crooked Creek, Sevenmile 
                Creek, Fourmile Creek, and Crane Creek) subbasins 
                referred to in Exhibit B of the Upper Basin Agreement; 
                and</DELETED>
                <DELETED>    (B) to the extent provided for in the 
                Upper Basin Agreement, any other areas for which claims 
                described by section 1.3 or 2.5.1 of the Upper Basin 
                Agreement are settled as provided for in section 2.5.1 
                of the Upper Basin Agreement.</DELETED>
        <DELETED>    (14) Off-project irrigator.--The term ``Off-
        Project Irrigator'' means any person that is--</DELETED>
                <DELETED>    (A)(i) a claimant for water rights for 
                irrigation uses in the Off-Project Area in Oregon's 
                Klamath Basin Adjudication; or</DELETED>
                <DELETED>    (ii) a holder of a State of Oregon water 
                right permit or certificate for irrigation use in the 
                Off-Project Area; and</DELETED>
                <DELETED>    (B) a Party to the Upper Basin 
                Agreement.</DELETED>
        <DELETED>    (15) Oregon's klamath basin adjudication.--The 
        term ``Oregon's Klamath Basin adjudication'' means the 
        proceeding to determine surface water rights pursuant to 
        chapter 539 of the Oregon Revised Statutes entitled ``In the 
        matter of the determination of the relative rights of the 
        waters of the Klamath River, a tributary of the Pacific 
        Ocean'', in the Circuit Court of the State of Oregon for the 
        County of Klamath, numbered WA 1300001.</DELETED>
        <DELETED>    (16) Pacificorp.--The term ``PacifiCorp'' means 
        the owner and licensee of the facility (as of the date of 
        enactment of this Act).</DELETED>
        <DELETED>    (17) Party tribes.--The term ``Party tribes'' 
        means--</DELETED>
                <DELETED>    (A) the Yurok Tribe;</DELETED>
                <DELETED>    (B) the Karuk Tribe;</DELETED>
                <DELETED>    (C) the Klamath Tribes; and</DELETED>
                <DELETED>    (D) such other federally recognized tribes 
                of the Klamath Basin as may become party to the 
                Restoration Agreement after the date of enactment of 
                this Act.</DELETED>
        <DELETED>    (18) Restoration agreement.--The term 
        ``Restoration Agreement'' means the agreement entitled 
        ``Klamath River Basin Restoration Agreement for the 
        Sustainability of Public and Trust Resources and Affected 
        Communities'' and dated February 18, 2010 (including amendments 
        adopted prior to the date of enactment of this Act and any 
        further amendments to that agreement approved pursuant to 
        section 3(a)).</DELETED>
        <DELETED>    (19) Riparian program.--The term ``Riparian 
        Program'' means the program described in section 4 of the Upper 
        Basin Agreement.</DELETED>
        <DELETED>    (20) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (21) Secretaries.--The term ``Secretaries'' means 
        each of--</DELETED>
                <DELETED>    (A) the Secretary of the 
                Interior;</DELETED>
                <DELETED>    (B) the Secretary of Commerce; 
                and</DELETED>
                <DELETED>    (C) the Secretary of 
                Agriculture.</DELETED>
        <DELETED>    (22) Settlements.--The term ``Settlements'' means 
        each of--</DELETED>
                <DELETED>    (A) the Hydroelectric 
                Settlement;</DELETED>
                <DELETED>    (B) the Restoration Agreement; 
                and</DELETED>
                <DELETED>    (C) the Upper Basin Agreement.</DELETED>
        <DELETED>    (23) Upper basin agreement.--The term ``Upper 
        Basin Agreement'' means the agreement entitled ``Upper Klamath 
        Basin Comprehensive Agreement'' and dated April 18, 2014 
        (including any amendments to that agreement approved pursuant 
        to section 3(a)).</DELETED>
        <DELETED>    (24) Water use program.--The term ``Water Use 
        Program'' means the program described in section 3 of the Upper 
        Basin Agreement and section 16.2 of the Restoration 
        Agreement.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTATION OF 
              SETTLEMENTS.</DELETED>

<DELETED>    (a) Ratification of Settlements.--</DELETED>
        <DELETED>    (1) In general.--Except as modified by this Act, 
        and to the extent that the Settlements do not conflict with 
        this Act, the Settlements are authorized, ratified, and 
        confirmed.</DELETED>
        <DELETED>    (2) Amendments consistent with this act.--If any 
        amendment is executed to make any of the Settlements consistent 
        with this Act, the amendment is also authorized, ratified, and 
        confirmed to the extent the amendment is consistent with this 
        Act.</DELETED>
        <DELETED>    (3) Further amendments.--If any amendment to any 
        of the Settlements is executed by the parties to the applicable 
        Settlement after the date of enactment of this Act, unless the 
        Secretary, the Secretary of Commerce, or Secretary of 
        Agriculture determines, not later than 90 days after the date 
        on which the non-Federal parties agree to the amendment, that 
        the amendment is inconsistent with this Act or other provisions 
        of law, the amendment is also authorized, ratified, and 
        confirmed to the extent the amendment--</DELETED>
                <DELETED>    (A) is not inconsistent with this Act or 
                other provisions of law;</DELETED>
                <DELETED>    (B) is executed in a manner consistent 
                with the terms of the applicable Settlement; 
                and</DELETED>
                <DELETED>    (C) does not require congressional 
                approval pursuant to section 2116 of the Revised 
                Statutes (25 U.S.C. 177) or other applicable Federal 
                law.</DELETED>
<DELETED>    (b) Execution and Implementation of Settlements.--
</DELETED>
        <DELETED>    (1) The agreements.--</DELETED>
                <DELETED>    (A) In general.--As authorized, ratified, 
                and confirmed pursuant to subsection (a)--</DELETED>
                        <DELETED>    (i) the Secretary, the Secretary 
                        of Commerce, and the Secretary of Agriculture 
                        shall promptly execute and implement the 
                        Restoration Agreement; and</DELETED>
                        <DELETED>    (ii) the Secretary and the 
                        Secretary of Commerce shall promptly execute 
                        and implement the Upper Basin 
                        Agreement.</DELETED>
                <DELETED>    (B) Effect of executing agreements.--
                Notwithstanding subsection (l), execution by the 
                applicable Secretaries under subparagraph (A) of either 
                Agreement shall not be considered a major Federal 
                action under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).</DELETED>
                <DELETED>    (C) Participation in the upper basin 
                agreement.--As provided for in the Upper Basin 
                Agreement and as part of implementing the Upper Basin 
                Agreement, the Secretary and the Secretary of Commerce 
                may--</DELETED>
                        <DELETED>    (i) participate in the Water Use 
                        Program and in the Riparian Program; 
                        and</DELETED>
                        <DELETED>    (ii) serve as members of the Joint 
                        Management Entity representing the Bureau of 
                        Indian Affairs, the United States Fish and 
                        Wildlife Service, the United States Geological 
                        Survey, and the National Marine Fisheries 
                        Service of the Department of Commerce, with the 
                        Secretary serving as the voting member, as 
                        described in section 7.1.5 of the Upper Basin 
                        Agreement.</DELETED>
        <DELETED>    (2) Hydroelectric settlement.--To the extent that 
        the Hydroelectric Settlement does not conflict with this Act, 
        the Secretary, the Secretary of Commerce, and the Commission 
        shall implement the Hydroelectric Settlement, in consultation 
        with other applicable Federal agencies.</DELETED>
<DELETED>    (c) Federal Responsibilities.--To the extent consistent 
with the Settlements, this Act, and other provisions of law, the 
Secretary, the Secretary of Commerce, the Secretary of Agriculture, and 
the Commission shall perform all actions necessary to carry out each 
responsibility of the Secretary, the Secretary of Commerce, the 
Secretary of Agriculture, and the Commission, respectively, under the 
Settlements.</DELETED>
<DELETED>    (d) Environmental Compliance.--In implementing the 
Settlements, the Secretaries and the Commission shall comply with--
</DELETED>
        <DELETED>    (1) the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);</DELETED>
        <DELETED>    (2) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.); and</DELETED>
        <DELETED>    (3) all other applicable law.</DELETED>
<DELETED>    (e) Publication of Notice; Effect of Publication.--
</DELETED>
        <DELETED>    (1) Restoration agreement.--</DELETED>
                <DELETED>    (A) Publication.--The Secretary shall 
                publish the notice required by section 15.3.4.A or 
                section 15.3.4.C of the Restoration Agreement, as 
                applicable, in accordance with the Restoration 
                Agreement.</DELETED>
                <DELETED>    (B) Effect of publication.--Publication of 
                the notice described in subparagraph (A) shall have the 
                effects on the commitments, rights, and obligations of 
                the Party tribes, the United States (as trustee for the 
                federally recognized tribes of the Klamath Basin), and 
                other parties to the Restoration Agreement as the 
                rights and obligations that are provided for in the 
                Restoration Agreement.</DELETED>
        <DELETED>    (2) Upper basin agreement.--</DELETED>
                <DELETED>    (A) Publication.--The Secretary shall 
                publish the notice required by section 10.1 of the 
                Upper Basin Agreement if all requirements of section 10 
                of the Upper Basin Agreement have been fulfilled, 
                including the requirement for notice by the Klamath 
                Tribes of the willingness of the Tribes to proceed with 
                the Upper Basin Agreement following enactment of 
                authorizing legislation as described in section 10.1.10 
                or 10.2 of the Upper Basin Agreement, as applicable, in 
                accordance with the Upper Basin Agreement.</DELETED>
                <DELETED>    (B) Effect of publication.--</DELETED>
                        <DELETED>    (i) Permanency.--On publication of 
                        the notice required under section 10.1 of the 
                        Upper Basin Agreement, the Upper Basin 
                        Agreement shall become permanent.</DELETED>
                        <DELETED>    (ii) Termination.--On publication 
                        of the notice required under section 10.2 of 
                        the Upper Basin Agreement, the Upper Basin 
                        Agreement shall terminate, according to the 
                        terms of that section.</DELETED>
        <DELETED>    (3) Judicial review.--</DELETED>
                <DELETED>    (A) In general.--Judicial review of a 
                decision of the Secretary pursuant to this subsection 
                shall be in accordance with the standard and scope of 
                review under subchapter II of chapter 5, and chapter 7, 
                of title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'').</DELETED>
                <DELETED>    (B) Deadline.--Any petition for review 
                under this subparagraph shall be filed not later than 1 
                year after the date of publication of the notice 
                required under this paragraph.</DELETED>
<DELETED>    (f) Eligibility for Funds Protected.--Notwithstanding any 
other provision of law, nothing in this Act or the implementation of 
the Settlements, other than as explicitly provided for in this Act or 
the Settlements--</DELETED>
        <DELETED>    (1) restricts or alters the eligibility of any 
        party to any of the Settlements, or of any Indian tribe, for 
        the receipt of funds; or</DELETED>
        <DELETED>    (2) shall be considered an offset against any 
        obligations or funds in existence on the date of enactment of 
        this Act, under any Federal or State law.</DELETED>
<DELETED>    (g) Tribal Rights Protected.--Nothing in this Act or the 
Settlements--</DELETED>
        <DELETED>    (1) affects the rights of any Indian tribe outside 
        the Klamath Basin; or</DELETED>
        <DELETED>    (2) amends, alters, or limits the authority of the 
        Indian tribes of the Klamath Basin to exercise any water rights 
        the Indian tribes hold or may be determined to hold except as 
        expressly provided in the Agreements.</DELETED>
<DELETED>    (h) Water Rights.--</DELETED>
        <DELETED>    (1) In general.--Except as specifically provided 
        in this Act and the Settlements, nothing in this Act or the 
        Settlements creates or determines water rights or affects water 
        rights or water right claims in existence on the date of 
        enactment of this Act.</DELETED>
        <DELETED>    (2) No standard for quantification.--Nothing in 
        this Act or the Settlements establishes any standard for the 
        quantification of Federal reserved water rights or any water 
        claims of any Indian tribe in any judicial or administrative 
        proceeding.</DELETED>
<DELETED>    (i) Willing Sellers.--Any acquisition of interests in land 
or water pursuant to either Agreement shall be from willing 
sellers.</DELETED>
<DELETED>    (j) No Private Right of Action.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act confers on 
        any person or entity not a party to the Settlements a private 
        right of action or claim for relief to interpret or enforce 
        this Act or the Settlements.</DELETED>
        <DELETED>    (2) Other law.--This subsection does not alter or 
        curtail any right of action or claim for relief under any other 
        applicable law.</DELETED>
<DELETED>    (k) State Courts.--Nothing in this Act expands the 
jurisdiction of State courts to review Federal agency actions or 
determine Federal rights.</DELETED>
<DELETED>    (l) Relationship to Certain Other Federal Law.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act amends, 
        supersedes, modifies, or otherwise affects--</DELETED>
                <DELETED>    (A) Public Law 88-567 (16 U.S.C. 695k et 
                seq.), except as provided in section 4(c);</DELETED>
                <DELETED>    (B) the National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et 
                seq.);</DELETED>
                <DELETED>    (C) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);</DELETED>
                <DELETED>    (D) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (E) the Federal Water Pollution Control 
                Act (33 U.S.C. 1251 et seq.), except to the extent 
                section 8(b)(4) of this Act requires a permit under 
                section 404 of that Act (33 U.S.C. 1344), 
                notwithstanding section 404(r) of that Act (33 U.S.C. 
                1344(r));</DELETED>
                <DELETED>    (F) the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1701 et seq.);</DELETED>
                <DELETED>    (G) the Treaty between the United States 
                and the Klamath and Moadoc Tribes and the Yahooskin 
                Band of Snake Indians dated October 14, 1864 (16 Stat. 
                707); or</DELETED>
                <DELETED>    (H) the Klamath Indian Tribe Restoration 
                Act (25 U.S.C. 566 et seq.).</DELETED>
        <DELETED>    (2) Consistency.--The Agreements shall be 
        considered consistent with subsections (a) through (c) of 
        section 208 of the Department of Justice Appropriation Act, 
        1953 (43 U.S.C. 666).</DELETED>
        <DELETED>    (3) Federal advisory committee act.--The actions 
        of the Joint Management Entity and the Joint Management Entity 
        Technical Team shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).</DELETED>
<DELETED>    (m) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriations Act, 1953 (43 U.S.C. 666), nothing 
in this Act or the implementation of the Settlements waives the 
sovereign immunity of the United States.</DELETED>
<DELETED>    (n) Waiver of Sovereign Immunity by the Party Tribes.--
Nothing in this Act waives or abrogates the sovereign immunity of the 
Party tribes.</DELETED>

<DELETED>SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES.</DELETED>

<DELETED>    (a) Klamath Project Purposes.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2) and 
        subsection (b), the purposes of the Klamath Project include--
        </DELETED>
                <DELETED>    (A) irrigation;</DELETED>
                <DELETED>    (B) reclamation;</DELETED>
                <DELETED>    (C) flood control;</DELETED>
                <DELETED>    (D) municipal;</DELETED>
                <DELETED>    (E) industrial;</DELETED>
                <DELETED>    (F) power;</DELETED>
                <DELETED>    (G) fish and wildlife purposes; 
                and</DELETED>
                <DELETED>    (H) National Wildlife Refuge 
                purposes.</DELETED>
        <DELETED>    (2) Effect of fish and wildlife purposes.--
        </DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the fish and wildlife purposes of the Klamath 
                Project authorized under paragraph (1) shall not 
                adversely affect the irrigation purpose of the Klamath 
                Project.</DELETED>
                <DELETED>    (B) Water allocations and delivery.--
                Notwithstanding subparagraph (A), the water allocations 
                and delivery to the National Wildlife Refuges provided 
                for in the Restoration Agreement shall not constitute 
                an adverse effect on the irrigation purpose of the 
                Klamath Project for purposes of this 
                paragraph.</DELETED>
<DELETED>    (b) Water Rights Adjudication.--For purposes of the 
determination of water rights in Oregon's Klamath Basin adjudication, 
until the date on which the Appendix E-1 to the Restoration Agreement 
is filed in Oregon's Klamath Basin adjudication pursuant to the 
Restoration Agreement, the purposes of the Klamath Project shall be the 
purposes in effect on the day before the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Disposition of Net Revenues From Leasing of Tule Lake 
and Lower Klamath National Wildlife Refuge Land.--Notwithstanding any 
other provision of law, net revenues from the leasing of refuge land 
within the Tule Lake National Wildlife Refuge and Lower Klamath 
National Wildlife Refuge under section 4 of Public Law 88-567 (78 Stat. 
851) (commonly known as the ``Kuchel Act'') shall be provided directly, 
without further appropriation, as follows:</DELETED>
        <DELETED>    (1) 10 percent of net revenues from land within 
        the Tule Lake National Wildlife Refuge that are within the 
        boundaries of Tulelake Irrigation District to Tulelake 
        Irrigation District, as provided in article 4 of Contract No. 
        14-06-200-5954 and section 2(a) of the Act of August 1, 1956 
        (70 Stat. 799, chapter 828).</DELETED>
        <DELETED>    (2) Such amounts as are necessary to counties as 
        payments in lieu of taxes as provided in section 3 of Public 
        Law 88-567 (16 U.S.C. 695m).</DELETED>
        <DELETED>    (3) 20 percent of net revenues to the Klamath 
        Basin National Wildlife Refuge Complex of the United States 
        Fish and Wildlife Service, for wildlife management purposes on 
        the Tule Lake National Wildlife Refuge and the Lower Klamath 
        National Wildlife Refuge.</DELETED>
        <DELETED>    (4) 10 percent of net revenues from land within 
        the Lower Klamath National Wildlife Refuge that are within the 
        boundaries of the Klamath Drainage District to Klamath Drainage 
        District, for operation and maintenance responsibility for the 
        Federal reclamation water delivery and drainage facilities 
        within the boundaries of the Klamath Drainage District and the 
        Lower Klamath National Wildlife Refuge exclusive of the Klamath 
        Straits Drain, subject to a transfer agreement with the Bureau 
        of Reclamation under which the Klamath Drainage District 
        assumes the operation and maintenance duties of the Bureau of 
        Reclamation for Klamath Drainage District (Area K) lease land 
        exclusive of Klamath Straits Drain.</DELETED>
        <DELETED>    (5) The remainder of net revenues to the Bureau of 
        Reclamation for--</DELETED>
                <DELETED>    (A) operation and maintenance costs of 
                Link River and Keno Dams incurred by the United States; 
                and</DELETED>
                <DELETED>    (B) to the extent that the revenues 
                received under this paragraph for any year exceed the 
                costs described in subparagraph (A)--</DELETED>
                        <DELETED>    (i) future capital costs of the 
                        Klamath Project; or</DELETED>
                        <DELETED>    (ii) the Renewable Power Program 
                        described in section 17.7 of the Restoration 
                        Agreement, pursuant to an expenditure plan 
                        submitted to and approved by the 
                        Secretary.</DELETED>

<DELETED>SEC. 5. TRIBAL COMMITMENTS; RELEASE OF CLAIMS.</DELETED>

<DELETED>    (a) Actions by Klamath Tribes.--</DELETED>
        <DELETED>    (1) Restoration agreement commitments acknowledged 
        and agreed to.--In consideration for the resolution of any 
        contest or exception of the Klamath Project Water Users to the 
        water rights claims of the Klamath Tribes and the United States 
        (acting as trustee for the Klamath Tribes and members of the 
        Klamath Tribes in Oregon's Klamath Basin adjudication), and for 
        the other commitments of the Klamath Project Water Users 
        described in the Restoration Agreement, and for other benefits 
        described in the Restoration Agreement and this Act, the 
        Klamath Tribes (on behalf of the Klamath Tribes and the members 
        of the Klamath Tribes) may make the commitments provided in the 
        Restoration Agreement.</DELETED>
        <DELETED>    (2) Upper basin agreement commitments acknowledged 
        and agreed to.--In consideration for the resolution of any 
        contest or exception of the Off-Project Irrigators to the water 
        rights claims of the Klamath Tribes and the United States 
        (acting as trustee for the Klamath Tribes and members of the 
        Klamath Tribes in Oregon's Klamath Basin adjudication), and for 
        the other commitments of the Off-Project Irrigators described 
        in the upper Basin Agreement, and for other benefits described 
        in the Upper Basin Agreement and this Act, the Klamath Tribes 
        (on behalf of the Klamath Tribes and the members of the Klamath 
        Tribes) may make the commitments provided in the Upper Basin 
        Agreement.</DELETED>
        <DELETED>    (3) No further action required.--Except as 
        provided in subsection (c), the commitments described in 
        paragraphs (1) and (2) are confirmed as effective and binding, 
        in accordance with the terms of the commitments, without 
        further action by the Klamath Tribes.</DELETED>
        <DELETED>    (4) Additional commitments.--The Klamath Tribes 
        (on behalf of the tribe and the members of the tribe) may make 
        additional commitments and assurances in exchange for the 
        resolution of its claims described in section 1.3.1 or 2.5.1 of 
        the Upper Basin Agreement, subject to the conditions that the 
        commitments and assurances shall be--</DELETED>
                <DELETED>    (A) consistent with this Act, the 
                Settlements, and other applicable provisions of law, 
                based on the totality of the circumstances; 
                and</DELETED>
                <DELETED>    (B) covered by a written agreement signed 
                by the Klamath Tribes and the United States (acting as 
                trustee for the tribe and the members of the tribe in 
                Oregon's Klamath Basin adjudication) pursuant to 
                subsection (f).</DELETED>
<DELETED>    (b) Actions by Karuk Tribe and Yurok Tribe.--</DELETED>
        <DELETED>    (1) Commitments acknowledged and agreed to.--In 
        consideration for the commitments of the Klamath Project Water 
        Users described in the Restoration Agreement, and other 
        benefits described in the Restoration Agreement and this Act, 
        the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and 
        the members of the tribe) may make the commitments provided in 
        the Restoration Agreement.</DELETED>
        <DELETED>    (2) No further action required.--Except as 
        provided in subsection (c), the commitments described in 
        paragraph (1) are confirmed as effective and binding, in 
        accordance with the terms of the commitments, without further 
        action by the Yurok Tribe or Karuk Tribe.</DELETED>
<DELETED>    (c) Release of Claims by Party Tribes.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), 
        subsection (d), and the Agreements, but without otherwise 
        affecting any right secured by a treaty, Executive order, or 
        other law, the Party tribes (on behalf of the tribes and the 
        members of the tribes) may relinquish and release certain 
        claims against the United States (including any Federal 
        agencies and employees) described in sections 15.3.5.A, 
        15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in 
        the case of the Klamath Tribes, section 2.5 of the Upper Basin 
        Agreement.</DELETED>
        <DELETED>    (2) Conditions.--The relinquishments and releases 
        under paragraph (1) shall not take force or effect until the 
        terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 
        15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration 
        Agreement and sections 2.4 and 10 of the Upper Basin Agreement 
        have been fulfilled.</DELETED>
<DELETED>    (d) Retention of Rights of Party Tribes.--Notwithstanding 
subsections (a) through (c) or any other provision of this Act, the 
Party tribes (on behalf of the tribes and the members of the tribes) 
and the United States (acting as trustee for the Party tribes), shall 
retain--</DELETED>
        <DELETED>    (1) all claims and rights described in sections 
        15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration 
        Agreement; and</DELETED>
        <DELETED>    (2) any other claims and rights retained by the 
        Party Tribes in negotiations pursuant to section 15.3.5.D, 
        15.3.6.B.iv, and 15.3.7.B.iv of the Restoration 
        Agreement.</DELETED>
<DELETED>    (e) Tolling of Claims.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        period of limitation and time-based equitable defense relating 
        to a claim described in subsection (c) shall be tolled during 
        the period--</DELETED>
                <DELETED>    (A) beginning on the date of enactment of 
                this Act; and</DELETED>
                <DELETED>    (B) ending on the earlier of--</DELETED>
                        <DELETED>    (i) the date on which the 
                        Secretary publishes the notice described in 
                        sections 15.3.5.C, 15.3.6.B.iii, and 
                        15.3.7.B.iii of the Restoration Agreement; 
                        or</DELETED>
                        <DELETED>    (ii) December 1, 2030.</DELETED>
        <DELETED>    (2) Effect of tolling.--Nothing in this 
        subsection--</DELETED>
                <DELETED>    (A) revives any claim or tolls any period 
                of limitation or time-based equitable defense that 
                expired before the date of enactment of this Act; 
                or</DELETED>
                <DELETED>    (B) precludes the tolling of any period of 
                limitation or any time-based equitable defense under 
                any other applicable law.</DELETED>
<DELETED>    (f) Actions of United States as Trustee.--</DELETED>
        <DELETED>    (1) Restoration agreement commitments 
        authorized.--In consideration for the commitments of the 
        Klamath Project Water Users described in the Restoration 
        Agreement and for other benefits described in the Restoration 
        Agreement and this Act, the United States, acting as trustee 
        for the federally recognized tribes of the Klamath Basin and 
        the members of such tribes, may make the commitments provided 
        in the Restoration Agreement.</DELETED>
        <DELETED>    (2) Upper basin agreement commitments 
        authorized.--In consideration for the commitments of the Off-
        Project Irrigators described in the Upper Basin Agreement and 
        for other benefits described in the Upper Basin Agreement and 
        this Act, the United States, acting as trustee for the Klamath 
        Tribes and the members of the Klamath Tribes, may make the 
        commitments provided in the Upper Basin Agreement.</DELETED>
        <DELETED>    (3) No further action.--The commitments described 
        in paragraphs (1) and (2) are confirmed as effective and 
        binding, in accordance with the terms of the commitments, 
        without further action by the United States.</DELETED>
        <DELETED>    (4) Additional commitments.--The United States, 
        acting as trustee for the Klamath Tribes and the members of the 
        Klamath Tribes in Oregon's Klamath Basin Adjudication, may make 
        additional commitments and assurances of rights in exchange for 
        the resolution of the tribal water right claims described in 
        section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to 
        the conditions that the commitments or assurances shall be--
        </DELETED>
                <DELETED>    (A) consistent with this Act, the 
                Settlements, and other applicable provisions of law, 
                based on the totality of the circumstances; 
                and</DELETED>
                <DELETED>    (B) covered by a written agreement signed 
                by the Klamath Tribes and the United States (acting as 
                trustee for the Klamath Tribes and the members of the 
                tribe in Oregon's Klamath Basin adjudication) under 
                subsection (a)(3)(B).</DELETED>
<DELETED>    (g) Judicial Review.--Judicial review of a decision of the 
Secretary concerning any right or obligation under section 15.3.5.C, 
15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration 
Agreement shall be in accordance with the standard and scope of review 
under subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure 
Act'').</DELETED>
<DELETED>    (h) Effect of Section.--Nothing in this section--
</DELETED>
        <DELETED>    (1) affects the ability of the United States to 
        take any action--</DELETED>
                <DELETED>    (A) authorized by law to be taken in the 
                sovereign capacity of the United States, including any 
                law relating to health, safety, or the environment, 
                including--</DELETED>
                        <DELETED>    (i) the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.);</DELETED>
                        <DELETED>    (ii) the Safe Drinking Water Act 
                        (42 U.S.C. 300f et seq.);</DELETED>
                        <DELETED>    (iii) the Solid Waste Disposal Act 
                        (42 U.S.C. 6901 et seq.);</DELETED>
                        <DELETED>    (iv) the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9601 et 
                        seq.);</DELETED>
                        <DELETED>    (v) the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.); and</DELETED>
                        <DELETED>    (vi) regulations implementing the 
                        Acts described in this subparagraph; 
                        and</DELETED>
                <DELETED>    (B) as trustee for the benefit of any 
                federally recognized Indian tribe other than an Indian 
                tribe of the Klamath Basin;</DELETED>
                <DELETED>    (C) as trustee for the Party tribes to 
                enforce the Agreements and this Act through such legal 
                and equitable remedies as are available in an 
                appropriate United States court or State court or 
                administrative proceeding, including Oregon's Klamath 
                Basin adjudication; or</DELETED>
                <DELETED>    (D) as trustee for the federally 
                recognized Indian tribes of the Klamath Basin and the 
                members of the tribes, in accordance with the 
                Agreements and this Act--</DELETED>
                        <DELETED>    (i) to acquire water rights after 
                        the effective date of the Agreements (as 
                        defined in section 1.5.1 of the Restoration 
                        Agreement and section 14.3 of the Upper Basin 
                        Agreement);</DELETED>
                        <DELETED>    (ii) to use and protect water 
                        rights, including water rights acquired after 
                        the effective date of the Agreements (as 
                        defined in section 1.5.1 of the Restoration 
                        Agreement and section 14.3 of the Upper Basin 
                        Agreement), subject to the Agreements; 
                        or</DELETED>
                        <DELETED>    (iii) to claim a water right or 
                        continue to advocate for an existing claim for 
                        water rights in an appropriate United States 
                        court or State court or administrative 
                        proceeding, subject to the 
                        Agreements;</DELETED>
        <DELETED>    (2) affects the treaty fishing, hunting, trapping, 
        pasturing, or gathering right of any Indian tribe except to the 
        extent expressly provided in this Act or the Agreements; 
        or</DELETED>
        <DELETED>    (3) affects any right, remedy, privilege, 
        immunity, power, or claim not specifically relinquished and 
        released under, or limited by, this Act or the 
        Agreements.</DELETED>

<DELETED>SEC. 6. WATER AND POWER PROVISIONS.</DELETED>

<DELETED>    The Klamath Basin Water Supply Enhancement Act of 2000 
(Public Law 106-498; 114 Stat. 2221) is amended--</DELETED>
        <DELETED>    (1) by redesignating sections 4 through 6 as 
        sections 5 through 7, respectively; and</DELETED>
        <DELETED>    (2) by inserting after section 3 the 
        following:</DELETED>

<DELETED>``SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Off-project area.--The term `Off-Project 
        Area' means--</DELETED>
                <DELETED>    ``(A) the areas within the Sprague River, 
                Sycan River, Williamson River, and Wood Valley 
                (including Crooked Creek, Sevenmile Creek, Fourmile 
                Creek, and Crane Creek) subbasins referred to in 
                Exhibit B of the Upper Basin Agreement; and</DELETED>
                <DELETED>    ``(B) to the extent provided for in the 
                Upper Basin Agreement, any other areas for which claims 
                described by section 1.3 or 2.5.1 of the Upper Basin 
                Agreement are settled as provided for in section 2.5.1 
                of the Upper Basin Agreement.</DELETED>
        <DELETED>    ``(2) On-project power user.--The term `On-Project 
        Power User' has the meaning given the term in the Restoration 
        Agreement.</DELETED>
        <DELETED>    ``(3) Restoration agreement.--The term 
        `Restoration Agreement' means the agreement entitled `Klamath 
        River Basin Restoration Agreement for the Sustainability of 
        Public and Trust Resources and Affected Communities' and dated 
        February 18, 2010 (including any amendments adopted prior to 
        the date of enactment of this Act and any further amendment to 
        that agreement approved pursuant to section 3(a) of the Klamath 
        Basin Water Recovery and Economic Restoration Act of 
        2014).</DELETED>
        <DELETED>    ``(4) Upper basin agreement.--The term `Upper 
        Basin Agreement' means the agreement entitled `Upper Klamath 
        Basin Comprehensive Agreement' and dated April 18, 2014 
        (including any amendment to that agreement).</DELETED>
<DELETED>    ``(b) Action by Secretary.--The Secretary may carry out 
any activities, including by entering into an agreement or contract or 
otherwise making financial assistance available--</DELETED>
        <DELETED>    ``(1) to align water supplies with demand, 
        including activities to reduce water consumption and demand, 
        consistent with the Restoration Agreement or the Upper Basin 
        Agreement;</DELETED>
        <DELETED>    ``(2) to limit the net costs of power used to 
        manage water (including by arranging for delivery of Federal 
        power, consistent with the Restoration Agreement and the Upper 
        Basin Agreement) for--</DELETED>
                <DELETED>    ``(A) the Klamath Project (within the 
                meaning of section 2);</DELETED>
                <DELETED>    ``(B) the On-Project Power 
                Users;</DELETED>
                <DELETED>    ``(C) irrigators in the Off-Project Area; 
                and</DELETED>
                <DELETED>    ``(D) the Klamath Basin National Wildlife 
                Refuge Complex; and</DELETED>
        <DELETED>    ``(3) to restore any ecosystem and otherwise 
        protect fish and wildlife in the Klamath Basin watershed, 
        including tribal fishery resources held in trust, consistent 
        with Restoration Agreement and the Upper Basin 
        Agreement.''.</DELETED>

<DELETED>SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States a fund to be known as the ``Klamath Tribes Tribal 
Resource Fund'' (referred to in this section as the ``Fund''), 
consisting of the amounts deposited in the Fund under subsection (b), 
together with any interest earned on those amounts, to be managed, 
invested, and administered by the Secretary for the benefit of the 
Klamath Tribes in accordance with the terms of section 2.4 of the Upper 
Basin Agreement, to remain available until expended.</DELETED>
<DELETED>    (b) Transfers to Fund.--The Fund shall consist of such 
amounts as are appropriated to the Fund under subsection (i), which 
shall be deposited in the Fund not later than 60 days after the amounts 
are appropriated and any interest under subsection (c) or 
(d).</DELETED>
<DELETED>    (c) Management by the Secretary.--Absent an approved 
tribal investment plan under subsection (d) or an economic development 
plan under subsection (e), the Secretary shall manage, invest, and 
distribute all amounts in the Fund in a manner that is consistent with 
the investment authority of the Secretary under--</DELETED>
        <DELETED>    (1) the first section of the Act of June 24, 1938 
        (25 U.S.C. 162a);</DELETED>
        <DELETED>    (2) the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.); and</DELETED>
        <DELETED>    (3) this section.</DELETED>
<DELETED>    (d) Investment by the Klamath Tribes.--</DELETED>
        <DELETED>    (1) Investment plan.--</DELETED>
                <DELETED>    (A) In general.--In lieu of the investment 
                provided for in subsection (c), the Klamath Tribes may 
                submit a tribal investment plan to the Secretary, 
                applicable to all or part of the Fund, excluding the 
                amounts described in subsection (e)(4)(A).</DELETED>
                <DELETED>    (B) Approval.--Not later than 60 days 
                after the date on which a tribal investment plan is 
                submitted under subparagraph (A), the Secretary shall 
                approve such investment plan if the Secretary finds 
                that the plan--</DELETED>
                        <DELETED>    (i) is reasonable and 
                        sound;</DELETED>
                        <DELETED>    (ii) meets the requirements of the 
                        American Indian Trust Fund Management Reform 
                        Act of 1994 (25 U.S.C. 4001 et seq.); 
                        and</DELETED>
                        <DELETED>    (iii) meets the requirements of 
                        this section.</DELETED>
                <DELETED>    (C) Disapproval.--If the Secretary does 
                not approve the tribal investment plan, the Secretary 
                shall set forth in writing the particular reasons for 
                the disapproval.</DELETED>
        <DELETED>    (2) Disbursement.--If the tribal investment plan 
        is approved by the Secretary, the funds involved shall be 
        disbursed from the Fund to the Klamath Tribes to be invested by 
        the Klamath Tribes in accordance with the approved tribal 
        investment plan, subject to the requirements of this 
        section.</DELETED>
        <DELETED>    (3) Compliance.--The Secretary may take such steps 
        as the Secretary determines to be necessary to monitor the 
        compliance of a Tribe with an investment plan approved under 
        paragraph (1)(B).</DELETED>
        <DELETED>    (4) Limitation on liability.--The United States 
        shall not be--</DELETED>
                <DELETED>    (A) responsible for the review, approval, 
                or audit of any individual investment under an approved 
                investment plan; or</DELETED>
                <DELETED>    (B) directly or indirectly liable with 
                respect to any such investment, including any act or 
                omission of the Klamath Tribes in managing or investing 
                amounts in the Fund.</DELETED>
        <DELETED>    (5) Requirements.--The principal and income 
        derived from tribal investments carried out pursuant to an 
        investment plan approved under subparagraph (B) shall be--
        </DELETED>
                <DELETED>    (A) subject to the requirements of this 
                section; and</DELETED>
                <DELETED>    (B) expended only in accordance with an 
                economic development plan approved under subsection 
                (e).</DELETED>
<DELETED>    (e) Economic Development Plan.--</DELETED>
        <DELETED>    (1) In general.--The Klamath Tribes shall submit 
        to the Secretary an economic development plan for the use of 
        the Fund, including the expenditure of any principal or income 
        derived from management under subsection (c) or from tribal 
        investments carried out under subsection (d).</DELETED>
        <DELETED>    (2) Approval.--Not later than 60 days after the 
        date on which an economic development plan is submitted under 
        paragraph (1), the Secretary shall approve the economic 
        development plan if the Secretary finds that the plan meets the 
        requirements of the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.) and this 
        section.</DELETED>
        <DELETED>    (3) Use of funds.--The economic development plan 
        under this subsection shall--</DELETED>
                <DELETED>    (A) require that the Klamath Tribes spend 
                all amounts withdrawn from the Fund in accordance with 
                this section; and</DELETED>
                <DELETED>    (B) include such terms and conditions as 
                are necessary to meet the requirements of this 
                section.</DELETED>
        <DELETED>    (4) Resource acquisition and enhancement plan.--
        The economic development plan shall include a resource 
        acquisition and enhancement plan, which shall--</DELETED>
                <DELETED>    (A) require that not less than \1/2\ of 
                the amounts appropriated for each fiscal year to carry 
                out this section shall be used to enhance, restore, and 
                utilize the natural resources of the Klamath Tribes, in 
                a manner that also provides for the economic 
                development of the Klamath Tribes and, as determined by 
                the Secretary, directly or indirectly benefit adjacent 
                non-Indian communities; and</DELETED>
                <DELETED>    (B) be reasonably related to the 
                protection, acquisition, enhancement, or development of 
                natural resources for the benefit of the Klamath Tribes 
                and members of the Klamath Tribes.</DELETED>
        <DELETED>    (5) Modification.--Subject to the requirements of 
        this Act and approval by the Secretary, the Klamath Tribes may 
        modify a plan approved under this subsection.</DELETED>
        <DELETED>    (6) Limitation on liability.--The United States 
        shall not be directly or indirectly liable for any claim or 
        cause of action arising from--</DELETED>
                <DELETED>    (A) the approval of a plan under this 
                paragraph; or</DELETED>
                <DELETED>    (B) the use or expenditure by the Klamath 
                Tribes of any amount in the Fund.</DELETED>
<DELETED>    (f) Limitation on Per Capita Distributions.--No amount in 
the Fund (including any income accruing to the amount) and no revenue 
from any water use contract may be distributed to any member of the 
Klamath Tribes on a per capita basis.</DELETED>
<DELETED>    (g) Limitation on Disbursement.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), amounts 
        in the Fund shall not be available for disbursement under this 
        section until the Klamath Tribes--</DELETED>
                <DELETED>    (A) make the commitments set forth in the 
                Agreements; and</DELETED>
                <DELETED>    (B) are determined by the Secretary to be 
                in substantial compliance with those 
                commitments.</DELETED>
        <DELETED>    (2) Early disbursement.--Based on the unique 
        history of the loss of reservation land by the Klamath Tribes 
        through termination of Federal recognition and acknowledging 
        that restoration of tribal land is essential to building the 
        tribal economy and achieving self-determination, the Secretary 
        may disburse funds to the Klamath Tribes prior to the 
        satisfaction of the requirements of paragraph (1) on a 
        determination by the Secretary that such funds are available 
        and that early disbursement will support activities designed to 
        increase employment opportunities for members of the Klamath 
        Tribes.</DELETED>
        <DELETED>    (3) Agreements.--Any such disbursement shall be in 
        accordance with a written agreement between the Secretary and 
        the Klamath Tribes that provides the following:</DELETED>
                <DELETED>    (A) For any disbursement to purchase land 
                that is to be placed in trust pursuant to section 6 of 
                the Klamath Indian Tribe Restoration Act (25 U.S.C. 
                566d), the written agreement shall specify that if 
                assurances made do not become permanent as described in 
                section 15.3.3 of the Restoration Agreement and on 
                publication of a notice by the Secretary pursuant to 
                section 15.3.4.C of the Restoration Agreement or 
                section 10.2 of the Upper Basin Agreement, any land 
                purchased with disbursements from the Fund shall revert 
                back to sole ownership by the United States unless, 
                prior to reversion, the Klamath Tribes enter into a 
                written agreement to repay the purchase price to the 
                United States, without interest, in annual installments 
                over a period not to exceed 40 years.</DELETED>
                <DELETED>    (B) For any disbursement to support 
                economic activity and creation of tribal employment 
                opportunities (including any rehabilitation of existing 
                properties to support economic activities), the written 
                agreement shall specify that if assurances made do not 
                become permanent as described in section 15.3.3 of the 
                Restoration Agreement and on publication of a notice by 
                the Secretary pursuant to section 15.3.4.C of the 
                Restoration Agreement or section 10.2 of the Upper 
                Basin Agreement, any amounts disbursed from the Fund 
                shall be repaid to the United States, without interest, 
                in annual installments over a period not to exceed 40 
                years.</DELETED>
<DELETED>    (h) Prohibition.--Amounts in the Fund may not be made 
available for any purpose other than a purpose described in this 
section.</DELETED>
<DELETED>    (i) Annual Reports.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        end of each fiscal year beginning with fiscal year 2014, the 
        Secretary shall submit to the Committee on Appropriations of 
        the House of Representatives, the Committee on Appropriations 
        of the Senate, and the appropriate authorizing committees of 
        the Senate and the House of Representatives a report on the 
        operation of the Fund during the fiscal year.</DELETED>
        <DELETED>    (2) Contents.--Each report shall include, for the 
        fiscal year covered by the report, the following:</DELETED>
                <DELETED>    (A) A statement of the amounts deposited 
                into the Fund.</DELETED>
                <DELETED>    (B) A description of the expenditures made 
                from the Fund for the fiscal year, including the 
                purpose of the expenditures.</DELETED>
                <DELETED>    (C) Recommendations for additional 
                authorities to fulfill the purpose of the 
                Fund.</DELETED>
                <DELETED>    (D) A statement of the balance remaining 
                in the Fund at the end of the fiscal year.</DELETED>
<DELETED>    (j) No Third Party Rights.--This section does not create 
or vest rights or benefits for any party other than the Klamath Tribes 
and the United States.</DELETED>
<DELETED>    (k) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $8,000,000 for each fiscal 
year, not to exceed a total amount of $40,000,000.</DELETED>

<DELETED>SEC. 8. HYDROELECTRIC FACILITIES.</DELETED>

<DELETED>    (a) Secretarial Determination.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (3), in 
        accordance with section 3 of the Hydroelectric Settlement, the 
        Secretary shall--</DELETED>
                <DELETED>    (A) as soon as practicable after the date 
                of enactment of this Act, determine whether to proceed 
                with facilities removal, based on whether facilities 
                removal--</DELETED>
                        <DELETED>    (i) would advance restoration of 
                        the salmonid fisheries of the Klamath Basin; 
                        and</DELETED>
                        <DELETED>    (ii) is in the public interest, 
                        taking into account potential impacts on 
                        affected local communities and federally 
                        recognized Indian tribes; and</DELETED>
                <DELETED>    (B) if the Secretary determines under 
                subparagraph (A) to proceed with facilities removal, 
                include in the determination the designation of a dam 
                removal entity, subject to paragraph (6).</DELETED>
        <DELETED>    (2) Basis for secretarial determination to 
        proceed.--For purposes of making a determination under 
        paragraph (1)(A), the Secretary, in cooperation with the 
        Secretary of Commerce and other appropriate entities, shall--
        </DELETED>
                <DELETED>    (A) use existing information;</DELETED>
                <DELETED>    (B) conduct any necessary additional 
                studies;</DELETED>
                <DELETED>    (C) comply with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and</DELETED>
                <DELETED>    (D) take such other actions as the 
                Secretary determines to be appropriate to support the 
                determination of the Secretary under paragraph 
                (1).</DELETED>
        <DELETED>    (3) Conditions for secretarial determination to 
        proceed.--The Secretary may not make or publish the 
        determination under this subsection, unless the conditions 
        specified in section 3.3.4 of the Hydroelectric Settlement have 
        been satisfied.</DELETED>
        <DELETED>    (4) Publication of notice.--The Secretary shall 
        publish notification of the determination of the Secretary 
        under this subsection in the Federal Register.</DELETED>
        <DELETED>    (5) Judicial review of secretarial 
        determination.--</DELETED>
                <DELETED>    (A) In general.--For purposes of judicial 
                review, the determination of the Secretary shall 
                constitute a final agency action with respect to 
                whether or not to proceed with facilities 
                removal.</DELETED>
                <DELETED>    (B) Petition for review.--</DELETED>
                        <DELETED>    (i) Filing.--</DELETED>
                                <DELETED>    (I) In general.--Judicial 
                                review of the determination of the 
                                Secretary and related actions to comply 
                                with environmental laws (including the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.), the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.), and the National 
                                Historic Preservation Act (16 U.S.C. 
                                470 et seq.)) may be obtained by an 
                                aggrieved person only as provided in 
                                this paragraph.</DELETED>
                                <DELETED>    (II) Jurisdiction.--A 
                                petition for review under this 
                                paragraph may be filed only in the 
                                United States Court of Appeals for the 
                                District of Columbia Circuit or in the 
                                Ninth Circuit Court of 
                                Appeals.</DELETED>
                                <DELETED>    (III) Limitation.--A 
                                district court of the United States and 
                                a State court shall not have 
                                jurisdiction to review the 
                                determination of the Secretary or 
                                related actions to comply with 
                                environmental laws described in 
                                subclause (I).</DELETED>
                        <DELETED>    (ii) Deadline.--</DELETED>
                                <DELETED>    (I) In general.--Except as 
                                provided in subclause (II), any 
                                petition for review under this 
                                paragraph shall be filed not later than 
                                60 days after the date of publication 
                                of the determination of the Secretary 
                                in the Federal Register.</DELETED>
                                <DELETED>    (II) Subsequent grounds.--
                                If a petition is based solely on 
                                grounds arising after the date that is 
                                60 days after the date of publication 
                                of the determination of the Secretary 
                                in the Federal Register, the petition 
                                for review under this subsection shall 
                                be filed not later than 60 days after 
                                the grounds arise.</DELETED>
                <DELETED>    (C) Implementation.--Any action of the 
                Secretary with respect to which review could have been 
                obtained under this paragraph shall not be subject to 
                judicial review in any action relating to the 
                implementation of the determination of the Secretary or 
                in proceedings for enforcement of the Hydroelectric 
                Settlement.</DELETED>
                <DELETED>    (D) Applicable standard and scope.--
                Judicial review of the determination of the Secretary 
                shall be in accordance with the standard and scope of 
                review under subchapter II of chapter 5, and chapter 7, 
                of title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'').</DELETED>
                <DELETED>    (E) Nontolling.--The filing of a petition 
                for reconsideration by the Secretary of an action 
                subject to review under this subsection shall not--
                </DELETED>
                        <DELETED>    (i) affect the finality of the 
                        action for purposes of judicial 
                        review;</DELETED>
                        <DELETED>    (ii) extend the time within which 
                        a petition for judicial review under this 
                        subsection may be filed; or</DELETED>
                        <DELETED>    (iii) postpone the effectiveness 
                        of the action.</DELETED>
        <DELETED>    (6) Requirements for dam removal entity.--A dam 
        removal entity designated by the Secretary under paragraph 
        (1)(B) shall--</DELETED>
                <DELETED>    (A) have the capabilities for facilities 
                removal described in section 7.1.1 of the Hydroelectric 
                Settlement; and</DELETED>
                <DELETED>    (B) be the Department of the Interior, 
                except that the Secretary, consistent with section 
                3.3.4.E of the Hydroelectric Settlement, may designate 
                a non-Federal dam removal entity if--</DELETED>
                        <DELETED>    (i) the Secretary, in the sole 
                        judgment and discretion of the Secretary, finds 
                        that the dam removal entity-designate--
                        </DELETED>
                                <DELETED>    (I) is qualified; 
                                and</DELETED>
                                <DELETED>    (II) has the capabilities 
                                described in subparagraph 
                                (A);</DELETED>
                        <DELETED>    (ii) the States of California and 
                        Oregon have concurred in the finding under 
                        clause (i); and</DELETED>
                        <DELETED>    (iii) the dam removal entity-
                        designate has committed, if so designated, to 
                        perform facilities removal within the State 
                        Cost Cap as described in section 4.1.3 of the 
                        Hydroelectric Settlement.</DELETED>
        <DELETED>    (7) Responsibilities of dam removal entity.--The 
        dam removal entity designated by the Secretary under paragraph 
        (1)(B) shall have the responsibilities described in section 
        7.1.2 of the Hydroelectric Settlement.</DELETED>
<DELETED>    (b) Facilities Removal.--</DELETED>
        <DELETED>    (1) Applicability.--This subsection shall apply 
        if--</DELETED>
                <DELETED>    (A) the determination of the Secretary 
                under subsection (a) provides for proceeding with 
                facilities removal;</DELETED>
                <DELETED>    (B) the State of California and the State 
                of Oregon concur in the determination of the Secretary, 
                in accordance with section 3.3.5 of the Hydroelectric 
                Settlement;</DELETED>
                <DELETED>    (C) the availability of non-Federal funds 
                for the purposes of facilities removal is consistent 
                with the Hydroelectric Settlement; and</DELETED>
                <DELETED>    (D) the Hydroelectric Settlement has not 
                terminated in accordance with section 8.11 of the 
                Hydroelectric Settlement.</DELETED>
        <DELETED>    (2) Non-federal funds.--</DELETED>
                <DELETED>    (A) In general.--Notwithstanding title 31, 
                United States Code, if the Department of the Interior 
                is designated as the dam removal entity under 
                subsection (a)(1)(B), the Secretary may accept, manage, 
                and expend, without further appropriation, non-Federal 
                funds for the purpose of facilities removal in 
                accordance with sections 4 and 7 of the Hydroelectric 
                Settlement.</DELETED>
                <DELETED>    (B) Refund.--The Secretary may administer 
                and refund any amounts described in subparagraph (A) 
                received from the State of California in accordance 
                with the requirements established by the 
                State.</DELETED>
        <DELETED>    (3) Agreements.--The dam removal entity may enter 
        into agreements and contracts as necessary to assist in the 
        implementation of the Hydroelectric Settlement.</DELETED>
        <DELETED>    (4) Proceeding with facilities removal.--
        </DELETED>
                <DELETED>    (A) In general.--The dam removal entity 
                shall, consistent with the Hydroelectric Settlement--
                </DELETED>
                        <DELETED>    (i) develop a definite plan for 
                        facilities removal as described in section 7 of 
                        the Hydroelectric Settlement, including a 
                        schedule for facilities removal;</DELETED>
                        <DELETED>    (ii) obtain all permits, 
                        authorizations, entitlements, certifications, 
                        and other approvals necessary to implement 
                        facilities removal, including a permit under 
                        section 404 of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1344), notwithstanding 
                        subsection (r) of that section; and</DELETED>
                        <DELETED>    (iii) implement facilities 
                        removal.</DELETED>
                <DELETED>    (B) State and local laws.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii), facilities removal 
                        shall be subject to applicable requirements of 
                        State and local laws relating to permits and 
                        other authorizations, to the extent the 
                        requirements are not in conflict with Federal 
                        law, including the determination of the 
                        Secretary under subsection (a) and the definite 
                        plan (including the schedule) for facilities 
                        removal authorized under this Act.</DELETED>
                        <DELETED>    (ii) Limitations.--Clause (i) 
                        shall not affect--</DELETED>
                                <DELETED>    (I) the authorities of the 
                                States regarding concurrence with the 
                                determination of the Secretary under 
                                subsection (a) in accordance with State 
                                law; or</DELETED>
                                <DELETED>    (II) the authority of a 
                                State public utility commission 
                                regarding funding of facilities 
                                removal.</DELETED>
                        <DELETED>    (iii) Jurisdiction.--The United 
                        States district courts shall have original 
                        jurisdiction over all claims regarding the 
                        consistency of State and local laws regarding 
                        permits and other authorizations, and of State 
                        and local actions pursuant to those laws, with 
                        the definite plan (including the schedule) for 
                        facilities removal authorized under this 
                        Act.</DELETED>
                <DELETED>    (C) Acceptance of title to facilities.--
                </DELETED>
                        <DELETED>    (i) In general.--The dam removal 
                        entity may accept from PacifiCorp all rights, 
                        titles, permits, and other interests in the 
                        facilities and associated land, for facilities 
                        removal and for disposition of facility land 
                        (as provided in section 7.6.4 of the 
                        Hydroelectric Settlement) on providing to 
                        PacifiCorp a notice that the dam removal entity 
                        is ready to commence facilities removal in 
                        accordance with section 7.4.1 of the 
                        Hydroelectric Settlement.</DELETED>
                        <DELETED>    (ii) Non-federal dam removal 
                        entity.--Notwithstanding section 8 of the 
                        Federal Power Act (16 U.S.C. 801), the transfer 
                        of title to facilities from PacifiCorp to a 
                        non-Federal dam removal entity, in accordance 
                        with the Hydroelectric Settlement and this Act, 
                        is authorized.</DELETED>
                <DELETED>    (D) Continued power generation.--
                </DELETED>
                        <DELETED>    (i) In general.--In accordance 
                        with an agreement negotiated under clause (ii), 
                        on transfer of title pursuant to subparagraph 
                        (C) and until the dam removal entity instructs 
                        PacifiCorp to cease the generation of power, 
                        PacifiCorp may continue, consistent with State 
                        law--</DELETED>
                                <DELETED>    (I) to generate, and 
                                retain title to, any power generated by 
                                the facilities in accordance with 
                                section 7 of the Hydroelectric 
                                Settlement; and</DELETED>
                                <DELETED>    (II) to transmit and use 
                                the power for the benefit of the 
                                customers of PacifiCorp under the 
                                jurisdiction of applicable State public 
                                utility commissions and the 
                                Commission.</DELETED>
                        <DELETED>    (ii) Agreement with dam removal 
                        entity.--As a condition of transfer of title 
                        pursuant to subparagraph (C), the dam removal 
                        entity shall enter into an agreement with 
                        PacifiCorp that provides for continued 
                        generation of power in accordance with clause 
                        (i).</DELETED>
        <DELETED>    (5) Licenses and jurisdiction.--</DELETED>
                <DELETED>    (A) Annual licenses.--</DELETED>
                        <DELETED>    (i) In general.--The Commission 
                        shall issue annual licenses authorizing 
                        PacifiCorp to continue to operate the 
                        facilities until PacifiCorp transfers title to 
                        all of the facilities.</DELETED>
                        <DELETED>    (ii) Termination.--The annual 
                        licenses shall terminate with respect to a 
                        facility on transfer of title for the facility 
                        from PacifiCorp to the dam removal 
                        entity.</DELETED>
                        <DELETED>    (iii) Staged removal.--</DELETED>
                                <DELETED>    (I) In general.--On 
                                transfer of title of any facility by 
                                PacifiCorp to the dam removal entity, 
                                annual license conditions shall no 
                                longer be in effect with respect to the 
                                facility.</DELETED>
                                <DELETED>    (II) Nontransfer of 
                                title.--Annual license conditions shall 
                                remain in effect with respect to any 
                                facility for which PacifiCorp has not 
                                transferred title to the dam removal 
                                entity to the extent compliance with 
                                the annual license conditions are not 
                                prevented by the removal of any other 
                                facility.</DELETED>
                <DELETED>    (B) Jurisdiction.--The jurisdiction of the 
                Commission under part I of the Federal Power Act (16 
                U.S.C. 792 et seq.) shall terminate with respect to a 
                facility on the transfer of title for the facility from 
                PacifiCorp to the dam removal entity.</DELETED>
                <DELETED>    (C) Relicensing.--</DELETED>
                        <DELETED>    (i) In general.--The Commission 
                        shall--</DELETED>
                                <DELETED>    (I) stay the proceeding of 
                                the Commission regarding the pending 
                                license application of PacifiCorp for 
                                Project No. 2082 for the period during 
                                which the Hydroelectric Settlement 
                                remains in effect; and</DELETED>
                                <DELETED>    (II) resume the proceeding 
                                and proceed to take final action on the 
                                new license application only if the 
                                Hydroelectric Settlement terminates 
                                pursuant to section 8.11 of the 
                                Hydroelectric Settlement.</DELETED>
                <DELETED>    (D) Termination; limitations.--If the 
                Hydroelectric Settlement is terminated pursuant to 
                section 8.11 of the Hydroelectric Settlement, the 
                Commission, in proceedings on the application for 
                relicensing, shall not be bound by the record or 
                findings of the Secretary relating to the determination 
                of the Secretary or by the determination of the 
                Secretary.</DELETED>
<DELETED>    (c) Liability Protection.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        Federal, State, local, or common law, PacifiCorp shall not be 
        liable for any harm to an individual or entity, property, or 
        the environment, or any damages resulting from facilities 
        removal or facility operations arising from, relating to, or 
        triggered by actions associated with facilities removal under 
        this Act, including any damage caused by the release of any 
        material or substance (including a hazardous 
        substance).</DELETED>
        <DELETED>    (2) Funding.--Notwithstanding any other Federal, 
        State, local, or common law, no individual or entity 
        contributing funds for facilities removal shall be held liable, 
        solely by virtue of that funding, for any harm to an individual 
        or entity, property, or the environment, or damages arising 
        from facilities removal or facility operations arising from, 
        relating to, or triggered by actions associated with facilities 
        removal under this Act, including any damage caused by the 
        release of any material or substance (including a hazardous 
        substance).</DELETED>
        <DELETED>    (3) Preemption.--Notwithstanding section 10(c) of 
        the Federal Power Act (16 U.S.C. 803(c)), protection from 
        liability pursuant to this section shall preempt the laws of 
        any State to the extent the laws are inconsistent with this 
        Act, except that this Act shall not limit any otherwise-
        available immunity, privilege, or defense under any other 
        provision of law.</DELETED>
        <DELETED>    (4) Effective date.--Liability protection under 
        this subsection shall take effect as the protection relates to 
        any particular facilities on transfer of title to the facility 
        from PacifiCorp to the dam removal entity designated by the 
        Secretary under subsection (a)(1)(B).</DELETED>
<DELETED>    (d) Facilities Not Removed.--</DELETED>
        <DELETED>    (1) Keno facility.--</DELETED>
                <DELETED>    (A) Transfer.--On notice that the dam 
                removal entity is ready to commence removal of the J.C. 
                Boyle Dam, the Secretary shall accept the transfer of 
                title to the Keno Facility to the United States in 
                accordance with section 7.5 of the Hydroelectric 
                Settlement.</DELETED>
                <DELETED>    (B) Effect of transfer.--On the transfer 
                under subparagraph (A), and without further action by 
                Congress--</DELETED>
                        <DELETED>    (i) the Keno Facility shall--
                        </DELETED>
                                <DELETED>    (I) become part of the 
                                Klamath Reclamation Project; 
                                and</DELETED>
                                <DELETED>    (II) be operated and 
                                maintained in accordance with the 
                                Federal reclamation laws and this Act; 
                                and</DELETED>
                        <DELETED>    (ii) the jurisdiction of the 
                        Commission over the Keno Facility shall 
                        terminate.</DELETED>
        <DELETED>    (2) East side and west side developments.--On 
        filing by PacifiCorp of an application for surrender of the 
        East Side and West Side Developments in Project No. 2082, the 
        Commission shall issue an order approving partial surrender of 
        the license for Project No. 2082, including any reasonable and 
        appropriate conditions, as provided in section 6.4.1 of the 
        Hydroelectric Settlement.</DELETED>
        <DELETED>    (3) Fall creek.--Not later than 60 days after the 
        date of the transfer of title to the Iron Gate Facility to the 
        dam removal entity, the Commission shall resume timely 
        consideration of the pending licensing application for the Fall 
        Creek development pursuant to the Federal Power Act (16 U.S.C. 
        791a et seq.), regardless of whether PacifiCorp retains 
        ownership of Fall Creek or transfers ownership to a new 
        licensee.</DELETED>
        <DELETED>    (4) Iron gate hatchery.--Notwithstanding section 8 
        of the Federal Power Act (16 U.S.C. 801), consistent with 
        section 7.6.6 of the Hydroelectric Settlement title to the 
        PacifiCorp hatchery facilities within the State of California 
        shall be transferred to the State of California at--</DELETED>
                <DELETED>    (A) the time of transfer to the dam 
                removal entity of title to the Iron Gate Dam; 
                or</DELETED>
                <DELETED>    (B) such other time as may be agreed to by 
                the parties to the Hydroelectric Settlement.</DELETED>

<DELETED>SEC. 9. ADMINISTRATION AND FUNDING.</DELETED>

<DELETED>    (a) Agreements.--</DELETED>
        <DELETED>    (1) In general.--The Secretaries may enter into 
        such agreements (including contracts, memoranda of 
        understanding, financial assistance agreements, cost sharing 
        agreements, and other appropriate agreements) with State, 
        tribal, and local government agencies or private individuals 
        and entities as the Secretary concerned consider to be 
        necessary to carry out this Act and the Settlements, subject to 
        such terms and conditions as the Secretary concerned considers 
        to be necessary.</DELETED>
        <DELETED>    (2) Tribal programs.--Consistent with paragraph 
        (1) and section 32 of the Restoration Agreement, the 
        Secretaries shall give priority to qualified Party tribes in 
        awarding grants, contracts, or other agreements for purposes of 
        implementing the fisheries programs described in part III of 
        the Restoration Agreement.</DELETED>
<DELETED>    (b) Establishment of Accounts.--There are established in 
the Treasury for the deposit of appropriations and other funds 
(including non-Federal donated funds) the following noninterest-bearing 
accounts:</DELETED>
        <DELETED>    (1) The On-Project Plan and Power for Water 
        Management Fund, to be administered by the Bureau of 
        Reclamation.</DELETED>
        <DELETED>    (2) The Water Use Retirement and Off-Project 
        Reliance Fund, to be administered by the United States Fish and 
        Wildlife Service.</DELETED>
        <DELETED>    (3) The Klamath Drought Fund, to be administered 
        by the National Fish and Wildlife Foundation.</DELETED>
<DELETED>    (c) Management.--</DELETED>
        <DELETED>    (1) In general.--The accounts established by 
        subsection (b) shall be managed in accordance with this Act and 
        section 14.3 of the Restoration Agreement.</DELETED>
        <DELETED>    (2) Transfers.--Notwithstanding section 1535 of 
        title 31, United States Code, the Secretaries are authorized to 
        enter into interagency agreements for the transfer of Federal 
        funds between Federal programs for the purpose of implementing 
        this Act and the Settlements.</DELETED>
<DELETED>    (d) Acceptance and Expenditure of Non-Federal Funds.--
</DELETED>
        <DELETED>    (1) In general.--Notwithstanding title 31, United 
        States Code, the Secretaries may accept and expend, without 
        further appropriation, non-Federal funds, in-kind services, or 
        property for purposes of implementing the Settlement.</DELETED>
        <DELETED>    (2) Use.--The funds and property described in 
        paragraph (1) may be expended or used, as applicable, only for 
        the purpose for which the funds or property were 
        provided.</DELETED>
<DELETED>    (e) Funds Available Until Expended.--All funds made 
available for the implementation of the Settlements shall remain 
available until expended.</DELETED>
<DELETED>    (f) Termination of Agreements.--If any Agreement 
terminates--</DELETED>
        <DELETED>    (1) any appropriated Federal funds provided to a 
        party that are unexpended at the time of the termination of the 
        Agreement shall be returned to the general fund of the 
        Treasury; and</DELETED>
        <DELETED>    (2) any appropriated Federal funds provided to a 
        party shall be treated as an offset against any claim for 
        damages by the party arising under the Agreement.</DELETED>
<DELETED>    (g) Budget.--</DELETED>
        <DELETED>    (1) In general.--The budget of the President shall 
        include such requests as the President considers to be 
        necessary for the level of funding for each of the Federal 
        agencies to carry out the responsibilities of the agencies 
        under the Settlements.</DELETED>
        <DELETED>    (2) Crosscut budget.--Not later than the date of 
        submission of the budget of the President to Congress for each 
        fiscal year, the Director of the Office of Management and 
        Budget shall submit to the appropriate authorizing and 
        appropriating committees of the Senate and the House of 
        Representatives a financial report containing--</DELETED>
                <DELETED>    (A) an interagency budget crosscut report 
                that displays the budget proposed for each of the 
                Federal agencies to carry out the Settlements for the 
                upcoming fiscal year, separately showing funding 
                requested under preexisting authorities and new 
                authorities provided by this Act;</DELETED>
                <DELETED>    (B) a detailed accounting of all funds 
                received and obligated by all Federal agencies 
                responsible for implementing the Settlements; 
                and</DELETED>
                <DELETED>    (C) a budget for proposed actions to be 
                carried out in the upcoming fiscal year by the 
                applicable Federal agencies in the upcoming fiscal 
                year.</DELETED>
<DELETED>    (h) Report to Congress.--Not later than the date of 
submission of the budget of the President to Congress for each fiscal 
year, the Secretaries shall submit to the appropriate authorizing 
committees of the Senate and the House of Representatives a report that 
describes--</DELETED>
        <DELETED>    (1) the status of implementation of all of the 
        Settlements;</DELETED>
        <DELETED>    (2) expenditures during the preceding fiscal year 
        for implementation of all of the Settlements;</DELETED>
        <DELETED>    (3) the current schedule and funding levels that 
        are needed to complete implementation of each of the 
        Settlements;</DELETED>
        <DELETED>    (4) achievements in advancing the purposes of 
        complying with the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) under the Settlements;</DELETED>
        <DELETED>    (5) additional achievements in restoring fisheries 
        under the Settlements;</DELETED>
        <DELETED>    (6) the status of water deliveries for the 
        preceding water year and projections for the upcoming water 
        year for--</DELETED>
                <DELETED>    (A) the Klamath Project and irrigators in 
                the Off-Project Area pursuant to the Agreements; 
                and</DELETED>
                <DELETED>    (B) the National Wildlife Refuges in areas 
                covered by the Agreements;</DELETED>
        <DELETED>    (7) the status of achieving the goals of 
        supporting sustainable agriculture production (including the 
        goal of limiting net power costs for water management) and 
        general economic development in the Klamath Basin;</DELETED>
        <DELETED>    (8) the status of achieving the goal of supporting 
        the economic development of the Party tribes; and</DELETED>
        <DELETED>    (9) the assessment of the Secretaries of the 
        progress being made toward completing implementation of all of 
        the Settlements.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Klamath Basin Water Recovery and 
Economic Restoration Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means each of--
                    (A) the Restoration Agreement; and
                    (B) the Upper Basin Agreement.
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Facilities removal.--The term ``facilities removal'' 
        means--
                    (A) physical removal of all or part of each 
                facility to achieve, at a minimum, a free-flowing 
                condition and volitional fish passage;
                    (B) site remediation and restoration, including 
                restoration of previously inundated land;
                    (C) measures to avoid or minimize adverse 
                downstream impacts; and
                    (D) all associated permitting for the actions 
                described in this paragraph.
            (4) Facility.--The term ``facility'' means the following 1 
        or more hydropower facilities (including appurtenant works 
        licensed to PacifiCorp) within the jurisdictional boundary of 
        the Klamath Hydroelectric Project, FERC Project No. 2082 (as 
        applicable):
                    (A) Iron Gate Dam.
                    (B) Copco No. 1 Dam.
                    (C) Copco No. 2 Dam.
                    (D) J.C. Boyle Dam.
            (5) Governors.--The term ``Governors'' means--
                    (A) the Governor of the State of Oregon; and
                    (B) the Governor of the State of California.
            (6) Hydroelectric settlement.--The term ``Hydroelectric 
        Settlement'' means the agreement entitled ``Klamath 
        Hydroelectric Settlement Agreement'' and dated February 18, 
        2010 (including any amendments to that agreement approved 
        pursuant to section 3(a)).
            (7) Joint management entity.--The term ``Joint Management 
        Entity'' means the entity that--
                    (A) is comprised of the Landowner Entity, the 
                Klamath Tribes, the United States, and the State of 
                Oregon;
                    (B) represents the interests of the parties to the 
                Upper Basin Agreement; and
                    (C) is responsible for overseeing implementation of 
                the Upper Basin Agreement, as described in section 7 of 
                the Upper Basin Agreement.
            (8) Joint management entity technical team.--The term 
        ``Joint Management Entity Technical Team'' means the group of 
        specialists appointed by the Joint Management Entity as 
        provided for in section 7.8 of the Upper Basin Agreement.
            (9) Keno facility.--The term ``Keno Facility'' means the 
        dam located in Klamath County, Oregon, land underlying the dam, 
        appurtenant facilities, and PacifiCorp-owned property described 
        as Klamath County Map Tax Lot R-3907-03600-00200-000.
            (10) Klamath basin.--
                    (A) In general.--The term ``Klamath Basin'' means 
                the land tributary to the Klamath River in Oregon and 
                California.
                    (B) Inclusions.--The term ``Klamath Basin'' 
                includes the Lost River and Tule Lake Basins.
            (11) Klamath project.--
                    (A) In general.--The term ``Klamath Project'' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon, as authorized under the Act of 
                June 17, 1902 (32 Stat. 388, chapter 1093).
                    (B) Inclusions.--The term ``Klamath Project'' 
                includes any dams, canals, and other works and 
                interests for water diversion, storage, delivery, and 
                drainage, flood control, and similar functions that are 
                part of the project described in subparagraph (A).
            (12) Klamath project water users.--The term ``Klamath 
        Project Water Users'' has the meaning given the term in the 
        Restoration Agreement.
            (13) Landowner entity.--The term ``Landowner Entity'' means 
        the entity established pursuant to section 8 of the Upper Basin 
        Agreement.
            (14) Off-project area.--The term ``Off-Project Area'' 
        means--
                    (A) the areas within the Sprague River, Sycan 
                River, Williamson River, and Wood Valley (including the 
                Wood River, Crooked Creek, Sevenmile Creek, Fourmile 
                Creek, and Crane Creek) subbasins referred to in 
                Exhibit B of the Upper Basin Agreement; and
                    (B) to the extent provided for in the Upper Basin 
                Agreement, any other areas for which claims described 
                by section 1.3 or 2.5.1 of the Upper Basin Agreement 
                are settled as provided for in section 2.5.1 of the 
                Upper Basin Agreement.
            (15) Off-project irrigator.--The term ``Off-Project 
        Irrigator'' means any person that is--
                    (A)(i) a claimant for water rights for irrigation 
                uses in the Off-Project Area in Oregon's Klamath Basin 
                Adjudication; or
                    (ii) a holder of a State of Oregon water right 
                permit or certificate for irrigation use in the Off-
                Project Area; and
                    (B) a Party to the Upper Basin Agreement.
            (16) Oregon's klamath basin adjudication.--The term 
        ``Oregon's Klamath Basin adjudication'' means the proceeding to 
        determine surface water rights pursuant to chapter 539 of the 
        Oregon Revised Statutes entitled ``In the matter of the 
        determination of the relative rights of the waters of the 
        Klamath River, a tributary of the Pacific Ocean'', in the 
        Circuit Court of the State of Oregon for the County of Klamath, 
        numbered WA 1300001.
            (17) Pacificorp.--The term ``PacifiCorp'' means the owner 
        and licensee of the facility (as of the date of enactment of 
        this Act).
            (18) Party tribes.--The term ``Party tribes'' means--
                    (A) the Yurok Tribe;
                    (B) the Karuk Tribe;
                    (C) the Klamath Tribes; and
                    (D) such other federally recognized tribes of the 
                Klamath Basin as may become party to the Restoration 
                Agreement after the date of enactment of this Act.
            (19) Restoration agreement.--The term ``Restoration 
        Agreement'' means the agreement entitled ``Klamath River Basin 
        Restoration Agreement for the Sustainability of Public and 
        Trust Resources and Affected Communities'' and dated February 
        18, 2010 (including amendments adopted prior to the date of 
        enactment of this Act and any further amendments to that 
        agreement approved pursuant to section 3(a)).
            (20) Riparian program.--The term ``Riparian Program'' means 
        the program described in section 4 of the Upper Basin 
        Agreement.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (22) Secretaries.--The term ``Secretaries'' means each of--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Commerce; and
                    (C) the Secretary of Agriculture.
            (23) Settlements.--The term ``Settlements'' means each of--
                    (A) the Hydroelectric Settlement;
                    (B) the Restoration Agreement; and
                    (C) the Upper Basin Agreement.
            (24) Upper basin agreement.--The term ``Upper Basin 
        Agreement'' means the agreement entitled ``Upper Klamath Basin 
        Comprehensive Agreement'' and dated April 18, 2014 (including 
        any amendments to that agreement approved pursuant to section 
        3(a)).
            (25) Water use program.--The term ``Water Use Program'' 
        means the program described in section 3 of the Upper Basin 
        Agreement and section 16.2 of the Restoration Agreement.

SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTATION OF SETTLEMENTS.

    (a) Ratification of Settlements.--
            (1) In general.--Except as modified by this Act, and to the 
        extent that the Settlements do not conflict with this Act, the 
        Settlements are authorized, ratified, and confirmed.
            (2) Amendments consistent with this act.--If any amendment 
        is executed to make any of the Settlements consistent with this 
        Act, the amendment is also authorized, ratified, and confirmed 
        to the extent the amendment is consistent with this Act.
            (3) Further amendments.--If any amendment to any of the 
        Settlements is executed by the parties to the applicable 
        Settlement after the date of enactment of this Act, unless the 
        Secretary, the Secretary of Commerce, or Secretary of 
        Agriculture determines, not later than 90 days after the date 
        on which the non-Federal parties agree to the amendment, that 
        the amendment is inconsistent with this Act or other provisions 
        of law, the amendment is also authorized, ratified, and 
        confirmed to the extent the amendment--
                    (A) is not inconsistent with this Act or other 
                provisions of law;
                    (B) is executed in a manner consistent with the 
                terms of the applicable Settlement; and
                    (C) does not require congressional approval 
                pursuant to section 2116 of the Revised Statutes (25 
                U.S.C. 177) or other applicable Federal law.
    (b) Execution and Implementation of Settlements.--
            (1) The agreements.--
                    (A) In general.--As authorized, ratified, and 
                confirmed pursuant to subsection (a)--
                            (i) the Secretary, the Secretary of 
                        Commerce, and the Secretary of Agriculture 
                        shall promptly execute and implement the 
                        Restoration Agreement; and
                            (ii) the Secretary and the Secretary of 
                        Commerce shall promptly execute and implement 
                        the Upper Basin Agreement.
                    (B) Effect of executing agreements.--
                Notwithstanding subsection (l), execution by the 
                applicable Secretaries under subparagraph (A) of either 
                Agreement shall not be considered a major Federal 
                action under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (C) Participation in the upper basin agreement.--As 
                provided for in the Upper Basin Agreement and as part 
                of implementing the Upper Basin Agreement, the 
                Secretary and the Secretary of Commerce may--
                            (i) participate in the Water Use Program 
                        and in the Riparian Program; and
                            (ii) serve as members of the Joint 
                        Management Entity representing the Bureau of 
                        Indian Affairs, the United States Fish and 
                        Wildlife Service, the United States Geological 
                        Survey, and the National Marine Fisheries 
                        Service of the Department of Commerce, with the 
                        Secretary serving as the voting member, as 
                        described in section 7.1.5 of the Upper Basin 
                        Agreement.
            (2) Hydroelectric settlement.--To the extent that the 
        Hydroelectric Settlement does not conflict with this Act, the 
        Secretary, the Secretary of Commerce, and the Commission shall 
        implement the Hydroelectric Settlement, in consultation with 
        other applicable Federal agencies.
    (c) Federal Responsibilities.--To the extent consistent with the 
Settlements, this Act, and other provisions of law, the Secretary, the 
Secretary of Commerce, the Secretary of Agriculture, and the Commission 
shall perform all actions necessary to carry out each responsibility of 
the Secretary, the Secretary of Commerce, the Secretary of Agriculture, 
and the Commission, respectively, under the Settlements.
    (d) Environmental Compliance.--In implementing the Settlements, the 
Secretaries and the Commission shall comply with--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (3) all other applicable law.
    (e) Publication of Notice; Effect of Publication.--
            (1) Restoration agreement.--
                    (A) Publication.--The Secretary shall publish the 
                notice required by section 15.3.4.A or section 15.3.4.C 
                of the Restoration Agreement, as applicable, in 
                accordance with the Restoration Agreement.
                    (B) Effect of publication.--Publication of the 
                notice described in subparagraph (A) shall have the 
                effects on the commitments, rights, and obligations of 
                the Party tribes, the United States (as trustee for the 
                federally recognized tribes of the Klamath Basin), and 
                other parties to the Restoration Agreement provided for 
                in the Restoration Agreement.
            (2) Upper basin agreement.--
                    (A) Publication.--The Secretary shall publish the 
                notice required by section 10.1 of the Upper Basin 
                Agreement if all requirements of section 10 of the 
                Upper Basin Agreement have been fulfilled, including 
                the requirement for notice by the Klamath Tribes of the 
                willingness of the Tribes to proceed with the Upper 
                Basin Agreement following enactment of authorizing 
                legislation as described in section 10.1.10 or 10.2 of 
                the Upper Basin Agreement, as applicable, in accordance 
                with the Upper Basin Agreement.
                    (B) Effect of publication.--
                            (i) Permanency.--On publication of the 
                        notice required under section 10.1 of the Upper 
                        Basin Agreement, the Upper Basin Agreement 
                        shall become permanent.
                            (ii) Termination.--On publication of the 
                        notice required under section 10.2 of the Upper 
                        Basin Agreement, the Upper Basin Agreement 
                        shall terminate, according to the terms of that 
                        section.
            (3) Judicial review.--
                    (A) In general.--Judicial review of a decision of 
                the Secretary pursuant to this subsection shall be in 
                accordance with the standard and scope of review under 
                subchapter II of chapter 5, and chapter 7, of title 5, 
                United States Code (commonly known as the 
                ``Administrative Procedure Act'').
                    (B) Deadline.--Any petition for review under this 
                subparagraph shall be filed not later than 1 year after 
                the date of publication of the notice required under 
                this paragraph.
    (f) Eligibility for Funds Protected.--Notwithstanding any other 
provision of law, nothing in this Act or the implementation of the 
Settlements, other than as explicitly provided for in this Act or the 
Settlements--
            (1) restricts or alters the eligibility of any party to any 
        of the Settlements, or of any Indian tribe, for the receipt of 
        funds; or
            (2) shall be considered an offset against any obligations 
        or funds in existence on the date of enactment of this Act, 
        under any Federal or State law.
    (g) Tribal Rights Protected.--Nothing in this Act or the 
Settlements--
            (1) affects the rights of any Indian tribe outside the 
        Klamath Basin; or
            (2) amends, alters, or limits the authority of the Indian 
        tribes of the Klamath Basin to exercise any water rights the 
        Indian tribes hold or may be determined to hold except as 
        expressly provided in the Agreements.
    (h) Water Rights.--
            (1) In general.--Except as specifically provided in this 
        Act and the Settlements, nothing in this Act or the Settlements 
        creates or determines water rights or affects water rights or 
        water right claims in existence on the date of enactment of 
        this Act.
            (2) No standard for quantification.--Nothing in this Act or 
        the Settlements establishes any standard for the quantification 
        of Federal reserved water rights or any water claims of any 
        Indian tribe in any judicial or administrative proceeding.
    (i) Willing Sellers.--Any acquisition of interests in land or water 
pursuant to either Agreement shall be from willing sellers.
    (j) No Private Right of Action.--
            (1) In general.--Nothing in this Act confers on any person 
        or entity not a party to the Settlements a private right of 
        action or claim for relief to interpret or enforce this Act or 
        the Settlements.
            (2) Other law.--This subsection does not alter or curtail 
        any right of action or claim for relief under any other 
        applicable law.
    (k) State Courts.--Nothing in this Act expands the jurisdiction of 
State courts to review Federal agency actions or determine Federal 
rights.
    (l) Relationship to Certain Other Federal Law.--
            (1) In general.--Nothing in this Act amends, supersedes, 
        modifies, or otherwise affects--
                    (A) Public Law 88-567 (16 U.S.C. 695k et seq.), 
                except as provided in section 4(c);
                    (B) the National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.);
                    (C) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (D) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (E) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.), except to the extent section 
                8(b)(4) of this Act requires a permit under section 404 
                of that Act (33 U.S.C. 1344), notwithstanding section 
                404(r) of that Act (33 U.S.C. 1344(r)); or
                    (F) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
                    (G) the Treaty between the United States and the 
                Klamath and Moadoc Tribes and the Yahooskin Band of 
                Snake Indians dated October 14, 1864 (16 Stat. 707); or
                    (H) the Klamath Indian Tribe Restoration Act (25 
                U.S.C. 566 et seq.).
            (2) Consistency.--The Agreements shall be considered 
        consistent with subsections (a) through (c) of section 208 of 
        the Department of Justice Appropriation Act, 1953 (43 U.S.C. 
        666).
            (3) Federal advisory committee act.--The actions of the 
        Joint Management Entity and the Joint Management Entity 
        Technical Team shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    (m) Waiver of Sovereign Immunity by the United States.--Except as 
provided in subsections (a) through (c) of section 208 of the 
Department of Justice Appropriations Act, 1953 (43 U.S.C. 666), nothing 
in this Act or the implementation of the Settlements waives the 
sovereign immunity of the United States.
    (n) Waiver of Sovereign Immunity by the Party Tribes.--Nothing in 
this Act waives or abrogates the sovereign immunity of the Party 
tribes.

SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES.

    (a) Klamath Project Purposes.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b), the purposes of the Klamath Project include--
                    (A) irrigation;
                    (B) reclamation;
                    (C) flood control;
                    (D) municipal;
                    (E) industrial;
                    (F) power;
                    (G) fish and wildlife purposes; and
                    (H) National Wildlife Refuge purposes.
            (2) Effect of fish and wildlife purposes.--
                    (A) In general.--Subject to subparagraph (B), the 
                fish and wildlife and National Wildlife Refuge purposes 
                of the Klamath Project authorized under paragraph (1) 
                shall not adversely affect the irrigation purpose of 
                the Klamath Project.
                    (B) Water allocations and delivery.--
                Notwithstanding subparagraph (A), the water allocations 
                and delivery to the National Wildlife Refuges provided 
                for in the Restoration Agreement shall not constitute 
                an adverse effect on the irrigation purpose of the 
                Klamath Project for purposes of this paragraph.
    (b) Water Rights Adjudication.--For purposes of the determination 
of water rights in Oregon's Klamath Basin adjudication, until the date 
on which the Appendix E-1 to the Restoration Agreement is filed in 
Oregon's Klamath Basin adjudication pursuant to the Restoration 
Agreement, the purposes of the Klamath Project shall be the purposes in 
effect on the day before the date of enactment of this Act.
    (c) Disposition of Net Revenues From Leasing of Tule Lake and Lower 
Klamath National Wildlife Refuge Land.--Net revenues from the leasing 
of refuge land within the Tule Lake National Wildlife Refuge and Lower 
Klamath National Wildlife Refuge under section 4 of Public Law 88-567 
(78 Stat. 851) (commonly known as the ``Kuchel Act'') shall be provided 
as follows:
            (1) Directly, without further appropriation:
                    (A) 10 percent of net revenues from land within the 
                Tule Lake National Wildlife Refuge that are within the 
                boundaries of Tulelake Irrigation District to Tulelake 
                Irrigation District, as provided in article 4 of 
                Contract No. 14-06-200-5954 and section 2(a) of the Act 
                of August 1, 1956 (70 Stat. 799, chapter 828).
                    (B) Such amounts as are necessary to counties as 
                payments in lieu of taxes as provided in section 3 of 
                Public Law 88-567 (16 U.S.C. 695m).
            (2) Subject to appropriation and, when so appropriated, 
        notwithstanding any other provision of law:
                    (A) 20 percent of net revenues to the Klamath Basin 
                National Wildlife Refuge Complex of the United States 
                Fish and Wildlife Service, for wildlife management 
                purposes on the Tule Lake National Wildlife Refuge and 
                the Lower Klamath National Wildlife Refuge.
                    (B) 10 percent of net revenues from land within the 
                Lower Klamath National Wildlife Refuge that are within 
                the boundaries of the Klamath Drainage District to 
                Klamath Drainage District, for operation and 
                maintenance responsibility for the Federal reclamation 
                water delivery and drainage facilities within the 
                boundaries of the Klamath Drainage District and the 
                Lower Klamath National Wildlife Refuge exclusive of the 
                Klamath Straits Drain, subject to a transfer agreement 
                with the Bureau of Reclamation under which the Klamath 
                Drainage District assumes the operation and maintenance 
                duties of the Bureau of Reclamation for Klamath 
                Drainage District (Area K) lease land exclusive of 
                Klamath Straits Drain.
                    (C) The remainder of net revenues after application 
                of paragraph (1) and subparagraphs (A) and (B) of this 
                paragraph to the Bureau of Reclamation for--
                            (i) operation and maintenance costs of Link 
                        River and Keno Dams incurred by the United 
                        States; and
                            (ii) to the extent that the revenues 
                        received under this paragraph for any year 
                        exceed the costs described in clause (i)--
                                    (I) future capital costs of the 
                                Klamath Project; or
                                    (II) the Renewable Power Program 
                                described in section 17.7 of the 
                                Restoration Agreement, pursuant to an 
                                expenditure plan submitted to and 
                                approved by the Secretary.

SEC. 5. TRIBAL COMMITMENTS; RELEASE OF CLAIMS.

    (a) Actions by Klamath Tribes.--
            (1) Restoration agreement commitments acknowledged and 
        agreed to.--In consideration for the resolution of any contest 
        or exception of the Klamath Project Water Users to the water 
        rights claims of the Klamath Tribes and the United States 
        (acting as trustee for the Klamath Tribes and members of the 
        Klamath Tribes in Oregon's Klamath Basin adjudication), and for 
        the other commitments of the Klamath Project Water Users 
        described in the Restoration Agreement, and for other benefits 
        described in the Restoration Agreement and this Act, the 
        Klamath Tribes (on behalf of the Klamath Tribes and the members 
        of the Klamath Tribes) may make the commitments provided in the 
        Restoration Agreement.
            (2) Upper basin agreement commitments acknowledged and 
        agreed to.--In consideration for the resolution of any contest 
        or exception of the Off-Project Irrigators to the water rights 
        claims of the Klamath Tribes and the United States (acting as 
        trustee for the Klamath Tribes and members of the Klamath 
        Tribes in Oregon's Klamath Basin adjudication), and for the 
        other commitments of the Off-Project Irrigators described in 
        the upper Basin Agreement, and for other benefits described in 
        the Upper Basin Agreement and this Act, the Klamath Tribes (on 
        behalf of the Klamath Tribes and the members of the Klamath 
        Tribes) may make the commitments provided in the Upper Basin 
        Agreement.
            (3) No further action required.--Except as provided in 
        subsection (c), the commitments described in paragraphs (1) and 
        (2) are confirmed as effective and binding, in accordance with 
        the terms of the commitments, without further action by the 
        Klamath Tribes.
            (4) Additional commitments.--The Klamath Tribes (on behalf 
        of the tribe and the members of the tribe) may make additional 
        commitments and assurances in exchange for the resolution of 
        its claims described in section 1.3.1 or 2.5.1 of the Upper 
        Basin Agreement, subject to the conditions that the commitments 
        and assurances shall be--
                    (A) consistent with this Act, the Settlements, and 
                other applicable provisions of law, based on the 
                totality of the circumstances; and
                    (B) covered by a written agreement signed by the 
                Klamath Tribes and the United States (acting as trustee 
                for the tribe and the members of the tribe in Oregon's 
                Klamath Basin adjudication) pursuant to subsection (f).
    (b) Actions by Karuk Tribe and Yurok Tribe.--
            (1) Commitments acknowledged and agreed to.--In 
        consideration for the commitments of the Klamath Project Water 
        Users described in the Restoration Agreement, and other 
        benefits described in the Restoration Agreement and this Act, 
        the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and 
        the members of the tribe) may make the commitments provided in 
        the Restoration Agreement, .
            (2) No further action required.--Except as provided in 
        subsection (c), the commitments described in paragraph (1) are 
        confirmed as effective and binding, in accordance with the 
        terms of the commitments, without further action by the Yurok 
        Tribe or Karuk Tribe.
    (c) Release of Claims by Party Tribes.--
            (1) In general.--Subject to paragraph (2), subsection (d), 
        and the Agreements, but without otherwise affecting any right 
        secured by a treaty, Executive order, or other law, the Party 
        tribes (on behalf of the tribes and the members of the tribes) 
        may relinquish and release certain claims against the United 
        States (including any Federal agencies and employees) described 
        in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the 
        Restoration Agreement and, in the case of the Klamath Tribes, 
        section 2.5 of the Upper Basin Agreement.
            (2) Conditions.--The relinquishments and releases under 
        paragraph (1) shall not take force or effect until the terms 
        described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 
        15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration 
        Agreement and sections 2.4 and 10 of the Upper Basin Agreement 
        have been fulfilled.
    (d) Retention of Rights of Party Tribes.--Notwithstanding 
subsections (a) through (c) or any other provision of this Act, the 
Party tribes (on behalf of the tribes and the members of the tribes) 
and the United States (acting as trustee for the Party tribes), shall 
retain--
            (1) all claims and rights described in sections 15.3.5.B, 
        15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and
            (2) any other claims and rights retained by the Party 
        Tribes in negotiations pursuant to section 15.3.5.D, 
        15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement.
    (e) Tolling of Claims.--
            (1) In general.--Subject to paragraph (2), the period of 
        limitation and time-based equitable defense relating to a claim 
        described in subsection (c) shall be tolled during the period--
                    (A) beginning on the date of enactment of this Act; 
                and
                    (B) ending on the earlier of--
                            (i) the date on which the Secretary 
                        publishes the notice described in sections 
                        15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the 
                        Restoration Agreement; or
                            (ii) December 1, 2030.
            (2) Effect of tolling.--Nothing in this subsection--
                    (A) revives any claim or tolls any period of 
                limitation or time-based equitable defense that expired 
                before the date of enactment of this Act; or
                    (B) precludes the tolling of any period of 
                limitation or any time-based equitable defense under 
                any other applicable law.
    (f) Actions of United States as Trustee.--
            (1) Restoration agreement commitments authorized.--In 
        consideration for the commitments of the Klamath Project Water 
        Users described in the Restoration Agreement and for other 
        benefits described in the Restoration Agreement and this Act, 
        the United States, acting as trustee for the federally 
        recognized tribes of the Klamath Basin and the members of such 
        tribes, may make the commitments provided in the Restoration 
        Agreement.
            (2) Upper basin agreement commitments authorized.--In 
        consideration for the commitments of the Off-Project Irrigators 
        described in the Upper Basin Agreement and for other benefits 
        described in the Upper Basin Agreement and this Act, the United 
        States, acting as trustee for the Klamath Tribes and the 
        members of the Klamath Tribes, may make the commitments 
        provided in the Upper Basin Agreement.
            (3) No further action.--The commitments described in 
        paragraphs (1) and (2) are confirmed as effective and binding, 
        in accordance with the terms of the commitments, without 
        further action by the United States.
            (4) Additional commitments.--The United States, acting as 
        trustee for the Klamath Tribes and the members of the Klamath 
        Tribes in Oregon's Klamath Basin Adjudication, may make 
        additional commitments and assurances of rights in exchange for 
        the resolution of the tribal water right claims described in 
        section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to 
        the conditions that the commitments or assurances shall be--
                    (A) consistent with this Act, the Settlements, and 
                other applicable provisions of law, based on the 
                totality of the circumstances; and
                    (B) covered by a written agreement signed by the 
                Klamath Tribes and the United States (acting as trustee 
                for the Klamath Tribes and the members of the tribe in 
                Oregon's Klamath Basin adjudication) under subsection 
                (a)(3)(B).
    (g) Judicial Review.--Judicial review of a decision of the 
Secretary concerning any right or obligation under section 15.3.5.C, 
15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration 
Agreement shall be in accordance with the standard and scope of review 
under subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act'').
    (h) Effect of Section.--Nothing in this section--
            (1) affects the ability of the United States to take any 
        action--
                    (A) authorized by law to be taken in the sovereign 
                capacity of the United States, including any law 
                relating to health, safety, or the environment, 
                including--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iv) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.)
                            (v) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (vi) regulations implementing the Acts 
                        described in this subparagraph; and
                    (B) as trustee for the benefit of any federally 
                recognized Indian tribe other than an Indian tribe of 
                the Klamath Basin;
                    (C) as trustee for the Party tribes to enforce the 
                Agreements and this Act through such legal and 
                equitable remedies as are available in an appropriate 
                United States court or State court or administrative 
                proceeding, including Oregon's Klamath Basin 
                adjudication; or
                    (D) as trustee for the federally recognized Indian 
                tribes of the Klamath Basin and the members of the 
                tribes, in accordance with the Agreements and this 
                Act--
                            (i) to acquire water rights after the 
                        effective date of the Agreements (as defined in 
                        section 1.5.1 of the Restoration Agreement and 
                        section 14.3 of the Upper Basin Agreement);
                            (ii) to use and protect water rights, 
                        including water rights acquired after the 
                        effective date of the Agreements (as defined in 
                        section 1.5.1 of the Restoration Agreement and 
                        section 14.3 of the Upper Basin Agreement), 
                        subject to the Agreements; or
                            (iii) to claim a water right or continue to 
                        advocate for an existing claim for water rights 
                        in an appropriate United States court or State 
                        court or administrative proceeding, subject to 
                        the Agreements;
            (2) affects the treaty fishing, hunting, trapping, 
        pasturing, or gathering right of any Indian tribe except to the 
        extent expressly provided in this Act or the Agreements; or
            (3) affects any right, remedy, privilege, immunity, power, 
        or claim not specifically relinquished and released under, or 
        limited by, this Act or the Agreements.

SEC. 6. WATER AND POWER PROVISIONS.

    The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 
106-498; 114 Stat. 2221) is amended--
            (1) by redesignating sections 4 through 6 as sections 5 
        through 7, respectively; and
            (2) by inserting after section 3 the following:

``SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES.

    ``(a) Definitions.--In this section:
            ``(1) Off-project area.--The term `Off-Project Area' 
        means--
                    ``(A) the areas within the Sprague River, Sycan 
                River, Williamson River, and Wood Valley (including 
                Crooked Creek, Sevenmile Creek, Fourmile Creek, and 
                Crane Creek) subbasins referred to in Exhibit B of the 
                Upper Basin Agreement; and
                    ``(B) to the extent provided for in the Upper Basin 
                Agreement, any other areas for which claims described 
                by section 1.3 or 2.5.1 of the Upper Basin Agreement 
                are settled as provided for in section 2.5.1 of the 
                Upper Basin Agreement.
            ``(2) On-project power user.--The term `On-Project Power 
        User' has the meaning given the term in the Restoration 
        Agreement.
            ``(3) Restoration agreement.--The term `Restoration 
        Agreement' means the agreement entitled `Klamath River Basin 
        Restoration Agreement for the Sustainability of Public and 
        Trust Resources and Affected Communities' and dated February 
        18, 2010 (including any amendments adopted prior to the date of 
        enactment of this Act and any further amendment to that 
        agreement approved pursuant to section 3(a) of the Klamath 
        Basin Water Recovery and Economic Restoration Act of 2014).
            ``(4) Upper basin agreement.--The term `Upper Basin 
        Agreement' means the agreement entitled `Upper Klamath Basin 
        Comprehensive Agreement' and dated April 18, 2014 (including 
        any amendment to that agreement).
    ``(b) Action by Secretary.--
            ``(1) In general.--The Secretary may carry out any 
        activities, including by entering into an agreement or contract 
        or otherwise making financial assistance available--
                    ``(A) to align water supplies with demand, 
                including activities to reduce water consumption and 
                demand, consistent with the Restoration Agreement or 
                the Upper Basin Agreement;
                    ``(B) to limit the net costs of power used to 
                manage water (including by arranging for delivery of 
                Federal power, consistent with the Restoration 
                Agreement and the Upper Basin Agreement) for--
                            ``(i) the Klamath Project (within the 
                        meaning of section 2);
                            ``(ii) the On-Project Power Users;
                            ``(iii) irrigators in the Off-Project Area; 
                        and
                            ``(iv) the Klamath Basin National Wildlife 
                        Refuge Complex; and
                    ``(C) to restore any ecosystem and otherwise 
                protect fish and wildlife in the Klamath Basin 
                watershed, including tribal fishery resources held in 
                trust, consistent with Restoration Agreement and the 
                Upper Basin Agreement.
            ``(2) Inclusion.--Purchases of power by the Secretary under 
        paragraph (1)(B) shall be considered an authorized sale under 
        section 5(b)(3) of the Pacific Northwest Electric Power 
        Planning and Conservation Act (16 U.S.C. 839c(b)(3)).''.

SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Klamath Tribes Tribal 
Resource Fund'' (referred to in this section as the ``Fund''), 
consisting of the amounts deposited in the Fund under subsection (b), 
together with any interest earned on those amounts, to be managed, 
invested, and administered by the Secretary for the benefit of the 
Klamath Tribes in accordance with the terms of section 2.4 of the Upper 
Basin Agreement, to remain available until expended.
    (b) Transfers to Fund.--The Fund shall consist of such amounts as 
are appropriated to the Fund under subsection (k), which shall be 
deposited in the Fund not later than 60 days after the amounts are 
appropriated and any interest under subsection (c) or (d).
    (c) Management by the Secretary.--Absent an approved tribal 
investment plan under subsection (d) or an economic development plan 
under subsection (e), the Secretary shall manage, invest, and 
distribute all amounts in the Fund in a manner that is consistent with 
the investment authority of the Secretary under--
            (1) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a);
            (2) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.); and
            (3) this section.
    (d) Investment by the Klamath Tribes.--
            (1) Investment plan.--
                    (A) In general.--In lieu of the investment provided 
                for in subsection (c), the Klamath Tribes may submit a 
                tribal investment plan to the Secretary, applicable to 
                all or part of the Fund, excluding the amounts 
                described in subsection (e)(4)(A).
                    (B) Approval.--Not later than 60 days after the 
                date on which a tribal investment plan is submitted 
                under subparagraph (A), the Secretary shall approve 
                such investment plan if the Secretary finds that the 
                plan--
                            (i) is reasonable and sound;
                            (ii) meets the requirements of the American 
                        Indian Trust Fund Management Reform Act of 1994 
                        (25 U.S.C. 4001 et seq.); and
                            (iii) meets the requirements of this 
                        section.
                    (C) Disapproval.--If the Secretary does not approve 
                the tribal investment plan, the Secretary shall set 
                forth in writing the particular reasons for the 
                disapproval.
            (2) Disbursement.--If the tribal investment plan is 
        approved by the Secretary, the funds involved shall be 
        disbursed from the Fund to the Klamath Tribes to be invested by 
        the Klamath Tribes in accordance with the approved tribal 
        investment plan, subject to the requirements of this section.
            (3) Compliance.--The Secretary may take such steps as the 
        Secretary determines to be necessary to monitor the compliance 
        of a Tribe with an investment plan approved under paragraph 
        (1)(B).
            (4) Limitation on liability.--The United States shall not 
        be--
                    (A) responsible for the review, approval, or audit 
                of any individual investment under an approved 
                investment plan; or
                    (B) directly or indirectly liable with respect to 
                any such investment, including any act or omission of 
                the Klamath Tribes in managing or investing amounts in 
                the Fund.
            (5) Requirements.--The principal and income derived from 
        tribal investments carried out pursuant to an investment plan 
        approved under subparagraph (B) shall be--
                    (A) subject to the requirements of this section; 
                and
                    (B) expended only in accordance with an economic 
                development plan approved under subsection (e).
    (e) Economic Development Plan.--
            (1) In general.--The Klamath Tribes shall submit to the 
        Secretary an economic development plan for the use of the Fund, 
        including the expenditure of any principal or income derived 
        from management under subsection (c) or from tribal investments 
        carried out under subsection (d).
            (2) Approval.--Not later than 60 days after the date on 
        which an economic development plan is submitted under paragraph 
        (1), the Secretary shall approve the economic development plan 
        if the Secretary finds that the plan meets the requirements of 
        the American Indian Trust Fund Management Reform Act of 1994 
        (25 U.S.C. 4001 et seq.) and this section.
            (3) Use of funds.--The economic development plan under this 
        subsection shall--
                    (A) require that the Klamath Tribes spend all 
                amounts withdrawn from the Fund in accordance with this 
                section; and
                    (B) include such terms and conditions as are 
                necessary to meet the requirements of this section.
            (4) Resource acquisition and enhancement plan.--The 
        economic development plan shall include a resource acquisition 
        and enhancement plan, which shall--
                    (A) require that not less than \1/2\ of the amounts 
                appropriated for each fiscal year to carry out this 
                section shall be used to enhance, restore, and utilize 
                the natural resources of the Klamath Tribes, in a 
                manner that also provides for the economic development 
                of the Klamath Tribes and, as determined by the 
                Secretary, directly or indirectly benefit adjacent non-
                Indian communities; and
                    (B) be reasonably related to the protection, 
                acquisition, enhancement, or development of natural 
                resources for the benefit of the Klamath Tribes and 
                members of the Klamath Tribes.
            (5) Modification.--Subject to the requirements of this Act 
        and approval by the Secretary, the Klamath Tribes may modify a 
        plan approved under this subsection.
            (6) Limitation on liability.--The United States shall not 
        be directly or indirectly liable for any claim or cause of 
        action arising from--
                    (A) the approval of a plan under this paragraph; or
                    (B) the use or expenditure by the Klamath Tribes of 
                any amount in the Fund.
    (f) Limitation on Per Capita Distributions.--No amount in the Fund 
(including any income accruing to the amount) and no revenue from any 
water use contract may be distributed to any member of the Klamath 
Tribes on a per capita basis.
    (g) Limitation on Disbursement.--
            (1) In general.--Subject to paragraph (2), amounts in the 
        Fund shall not be available for disbursement under this section 
        until the Klamath Tribes--
                    (A) make the commitments set forth in the 
                Agreements; and
                    (B) are determined by the Secretary to be in 
                substantial compliance with those commitments.
            (2) Early disbursement.--Based on the unique history of the 
        loss of reservation land by the Klamath Tribes through 
        termination of Federal recognition and acknowledging that 
        restoration of tribal land is essential to building the tribal 
        economy and achieving self-determination, the Secretary may 
        disburse funds to the Klamath Tribes prior to the satisfaction 
        of the requirements of paragraph (1) on a determination by the 
        Secretary that such funds are available and that early 
        disbursement will support activities designed to increase 
        employment opportunities for members of the Klamath Tribes.
            (3) Agreements.--Any such disbursement shall be in 
        accordance with a written agreement between the Secretary and 
        the Klamath Tribes that provides the following:
                    (A) For any disbursement to purchase land that is 
                to be placed in trust pursuant to section 6 of the 
                Klamath Indian Tribe Restoration Act (25 U.S.C. 566d), 
                the written agreement shall specify that if assurances 
                made do not become permanent as described in section 
                15.3.3 of the Restoration Agreement and on publication 
                of a notice by the Secretary pursuant to section 
                15.3.4.C of the Restoration Agreement or section 10.2 
                of the Upper Basin Agreement, any land purchased with 
                disbursements from the Fund shall revert back to sole 
                ownership by the United States unless, prior to 
                reversion, the Klamath Tribes enter into a written 
                agreement to repay the purchase price to the United 
                States, without interest, in annual installments over a 
                period not to exceed 40 years.
                    (B) For any disbursement to support economic 
                activity and creation of tribal employment 
                opportunities (including any rehabilitation of existing 
                properties to support economic activities), the written 
                agreement shall specify that if assurances made do not 
                become permanent as described in section 15.3.3 of the 
                Restoration Agreement and on publication of a notice by 
                the Secretary pursuant to section 15.3.4.C of the 
                Restoration Agreement or section 10.2 of the Upper 
                Basin Agreement, any amounts disbursed from the Fund 
                shall be repaid to the United States, without interest, 
                in annual installments over a period not to exceed 40 
                years.
    (h) Prohibition.--Amounts in the Fund may not be made available for 
any purpose other than a purpose described in this section.
    (i) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year beginning with fiscal year 2014, the Secretary 
        shall submit to the Committee on Appropriations of the House of 
        Representatives, the Committee on Appropriations of the Senate, 
        and the appropriate authorizing committees of the Senate and 
        the House of Representatives a report on the operation of the 
        Fund during the fiscal year.
            (2) Contents.--Each report shall include, for the fiscal 
        year covered by the report, the following:
                    (A) A statement of the amounts deposited into the 
                Fund.
                    (B) A description of the expenditures made from the 
                Fund for the fiscal year, including the purpose of the 
                expenditures.
                    (C) Recommendations for additional authorities to 
                fulfill the purpose of the Fund.
                    (D) A statement of the balance remaining in the 
                Fund at the end of the fiscal year.
    (j) No Third Party Rights.--This section does not create or vest 
rights or benefits for any party other than the Klamath Tribes and the 
United States.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,000,000 for each fiscal year, 
not to exceed a total amount of $40,000,000.

SEC. 8. HYDROELECTRIC FACILITIES.

    (a) Facilities Removal Determination.--
            (1) In general.--Subject to paragraph (3), in accordance 
        with section 3 of the Hydroelectric Settlement, the Governors 
        and the Secretary shall jointly--
                    (A) as soon as practicable after the date of 
                enactment of this Act, determine whether to proceed 
                with facilities removal, based on but not limited to 
                factors identified in the Hydroelectric Settlement; and
                    (B) if the Governors and the Secretary determine 
                under subparagraph (A) to proceed with facilities 
                removal, include in the determination the designation 
                of a dam removal entity, subject to paragraph (6).
            (2) Basis for determination to proceed.--For purposes of 
        making a determination under paragraph (1)(A), the Governors 
        and the Secretary, in cooperation with the Secretary of 
        Commerce and other appropriate entities, shall--
                    (A) use existing information;
                    (B) conduct any necessary additional studies;
                    (C) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (D) take such other actions as the Governors and 
                the Secretary determine to be appropriate to support 
                the determination under paragraph (1).
            (3) Conditions for determination to proceed.--The Secretary 
        and the Governors may not make or publish the determination 
        under this subsection, unless the conditions specified in 
        section 3.3.4 of the Hydroelectric Settlement, as modified by 
        this Act as applicable, have been satisfied.
            (4) Publication of notice.--The Secretary shall publish 
        notification of the determination under this subsection in the 
        Federal Register.
            (5) Judicial review of determination.--
                    (A) In general.--For purposes of judicial review, 
                the determination of the Secretary under paragraph (1) 
                shall constitute a final agency action with respect to 
                whether or not to proceed with facilities removal.
                    (B) Petition for review.--
                            (i) Filing.--
                                    (I) In general.--Judicial review of 
                                the determination and related actions 
                                to comply with environmental laws 
                                (including the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.), the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.), and the 
                                National Historic Preservation Act (16 
                                U.S.C. 470 et seq.)) may be obtained by 
                                an aggrieved person only as provided in 
                                this paragraph.
                                    (II) Jurisdiction.--A petition for 
                                review under this paragraph may be 
                                filed only in the United States Court 
                                of Appeals for the District of Columbia 
                                Circuit or in the Ninth Circuit Court 
                                of Appeals.
                                    (III) Limitation.--A district court 
                                of the United States and a State court 
                                shall not have jurisdiction to review 
                                the determination of the Secretary or 
                                related actions to comply with 
                                environmental laws described in 
                                subclause (I).
                            (ii) Deadline.--
                                    (I) In general.--Except as provided 
                                in subclause (II), any petition for 
                                review under this paragraph shall be 
                                filed not later than 60 days after the 
                                date of publication of the 
                                determination in the Federal Register.
                                    (II) Subsequent grounds.--If a 
                                petition is based solely on grounds 
                                arising after the date that is 60 days 
                                after the date of publication of the 
                                determination in the Federal Register, 
                                the petition for review under this 
                                subsection shall be filed not later 
                                than 60 days after the grounds arise.
                    (C) Implementation.--Any action of the Secretary 
                with respect to which review could have been obtained 
                under this paragraph shall not be subject to judicial 
                review in any action relating to the implementation of 
                the determination of the Secretary or in proceedings 
                for enforcement of the Hydroelectric Settlement.
                    (D) Applicable standard and scope.--Judicial review 
                of the determination of the Secretary shall be in 
                accordance with the standard and scope of review under 
                subchapter II of chapter 5, and chapter 7, of title 5, 
                United States Code (commonly known as the 
                ``Administrative Procedure Act'').
                    (E) Nontolling.--The filing of a petition for 
                reconsideration by the Secretary of an action subject 
                to review under this subsection shall not--
                            (i) affect the finality of the action for 
                        purposes of judicial review;
                            (ii) extend the time within which a 
                        petition for judicial review under this 
                        subsection may be filed; or
                            (iii) postpone the effectiveness of the 
                        action.
            (6) Requirements for dam removal entity.--A dam removal 
        entity designated by the Governors and the Secretary under 
        paragraph (1)(B) shall, in the sole judgment of the Governors 
        and the Secretary--
                    (A) have the capabilities for facilities removal 
                described in section 7.1.1 of the Hydroelectric 
                Settlement;
                    (B) be otherwise qualified to perform facilities 
                removal; and
                    (C) have committed, if so designated, to perform 
                facilities removal within the State Cost Cap as 
                described in section 4.1.3 of the Hydroelectric 
                Settlement.
            (7) Responsibilities of dam removal entity.--The dam 
        removal entity designated by the Governors and the Secretary 
        under paragraph (1)(B) shall have the responsibilities 
        described in section 7.1.2 of the Hydroelectric Settlement.
    (b) Facilities Removal.--
            (1) Applicability.--This subsection shall apply if--
                    (A) the determination of the Governors and the 
                Secretary under subsection (a) provides for proceeding 
                with facilities removal;
                    (B) the availability of non-Federal funds for the 
                purposes of facilities removal is consistent with the 
                Hydroelectric Settlement; and
                    (C) the Hydroelectric Settlement has not terminated 
                in accordance with section 8.11 of the Hydroelectric 
                Settlement.
            (2) Non-federal funds.--
                    (A) In general.--Notwithstanding title 31, United 
                States Code, if the Department of the Interior is 
                designated as the dam removal entity under subsection 
                (a)(1)(B), the Secretary may accept, manage, and 
                expend, without further appropriation, non-Federal 
                funds for the purpose of facilities removal in 
                accordance with sections 4 and 7 of the Hydroelectric 
                Settlement.
                    (B) Refund.--The Secretary may administer and 
                refund any amounts described in subparagraph (A) 
                received from the State of California in accordance 
                with the requirements established by the State.
                    (C) Inclusion.--The costs of dam removal shall 
                include, within the State Cost Cap described in section 
                4.1.3 of the Hydroelectric Settlement, reasonable 
                compensation for property owners whose property or 
                property value is directly damaged by facilities 
                removal, consistent with State, local, and Federal law.
            (3) Agreements.--The dam removal entity may enter into 
        agreements and contracts as necessary to assist in the 
        implementation of the Hydroelectric Settlement.
            (4) Proceeding with facilities removal.--
                    (A) In general.--The dam removal entity shall, 
                consistent with the Hydroelectric Settlement--
                            (i) develop a definite plan for facilities 
                        removal as described in section 7 of the 
                        Hydroelectric Settlement, including a schedule 
                        for facilities removal;
                            (ii) obtain all permits, authorizations, 
                        entitlements, certifications, and other 
                        approvals necessary to implement facilities 
                        removal, including a permit under section 404 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1344), notwithstanding subsection (r) of 
                        that section; and
                            (iii) implement facilities removal.
                    (B) Report.--
                            (i) In general.--The Governors and the 
                        Secretary shall prepare and make public a 
                        report on the determination and plan for 
                        facilities removal.
                            (ii) Inclusions.--The report shall, at a 
                        minimum--
                                    (I) provide a detailed explanation 
                                of the basis for the determination to 
                                proceed with facilities removal and for 
                                the designation of the dam removal 
                                entity, including relevant supporting 
                                documents;
                                    (II) include any comments received 
                                from the Commission on the 
                                determination and a written response to 
                                the comments;
                                    (III) state specific goals intended 
                                to be achieved by facilities removal;
                                    (IV) include specific performance 
                                measures that will be used to show 
                                achievements in meeting the goals;
                                    (V) provide a detailed explanation 
                                of factors that are unique to 
                                facilities removal in the Klamath 
                                Basin, including why the Federal role 
                                is limited to the Klamath Basin and 
                                sets no precedent for future Federal 
                                action;
                                    (VI) describe plans to address any 
                                potential costs in excess of the State 
                                Cost Cap described in section 4.1.3 of 
                                the Hydroelectric Settlement;
                                    (VII) describe plans for addressing 
                                or mitigating intentional or 
                                unintentional impacts on local 
                                communities and property owners; and
                                    (VIII) describe how any potential 
                                environmental or other liability 
                                concerns will be addressed.
                            (iii) Submission.--The report required 
                        under this subparagraph shall be submitted to--
                                    (I) the Committee on Energy and 
                                Natural Resources of the Senate;
                                    (II) the Committee on Natural 
                                Resources of the House of 
                                Representatives; and
                                    (III) the Commission.
                            (iv) Comment and consultation by 
                        commission.--Not later than 180 days before the 
                        publication of the report required by this 
                        subparagraph, the Governors and the Secretary 
                        shall submit to the Commission the section of 
                        the report describing the basis of the 
                        determination to proceed with dam removal for 
                        comment and, as appropriate, consultation.
                            (v) Deadline.--The report required under 
                        this subparagraph shall be made public--
                                    (I) not less than 1 year before the 
                                date of implementation of facilities 
                                removal; and
                                    (II) not more than 2 years before 
                                the date of implementation of 
                                facilities removal.
                    (C) State and local laws.--
                            (i) In general.--Except as provided in 
                        clause (ii), facilities removal shall be 
                        subject to applicable requirements of State and 
                        local laws relating to permits and other 
                        authorizations, to the extent the requirements 
                        are not in conflict with Federal law, including 
                        the determination of the Governors and the 
                        Secretary under subsection (a) and the definite 
                        plan (including the schedule) for facilities 
                        removal authorized under this Act.
                            (ii) Limitations.--Clause (i) shall not 
                        affect--
                                    (I) the authorities of the States 
                                regarding concurrence with the 
                                determination of the Secretary under 
                                subsection (a) in accordance with State 
                                law; or
                                    (II) the authority of a State 
                                public utility commission regarding 
                                funding of facilities removal.
                            (iii) Jurisdiction.--The United States 
                        district courts shall have original 
                        jurisdiction over all claims regarding the 
                        consistency of State and local laws regarding 
                        permits and other authorizations, and of State 
                        and local actions pursuant to those laws, with 
                        the definite plan (including the schedule) for 
                        facilities removal authorized under this Act.
                    (D) Acceptance of title to facilities.--
                            (i) In general.--The dam removal entity may 
                        accept from PacifiCorp all rights, titles, 
                        permits, and other interests in the facilities 
                        and associated land, for facilities removal and 
                        for disposition of facility land (as provided 
                        in section 7.6.4 of the Hydroelectric 
                        Settlement) on providing to PacifiCorp a notice 
                        that the dam removal entity is ready to 
                        commence facilities removal in accordance with 
                        section 7.4.1 of the Hydroelectric Settlement.
                            (ii) Non-federal dam removal entity.--
                        Notwithstanding section 8 of the Federal Power 
                        Act (16 U.S.C. 801), the transfer of title to 
                        facilities from PacifiCorp to a non-Federal dam 
                        removal entity, in accordance with the 
                        Hydroelectric Settlement and this Act, is 
                        authorized.
                    (E) Continued power generation.--
                            (i) In general.--In accordance with an 
                        agreement negotiated under clause (ii), on 
                        transfer of title pursuant to subparagraph (C) 
                        and until the dam removal entity instructs 
                        PacifiCorp to cease the generation of power, 
                        PacifiCorp may continue, consistent with State 
                        law--
                                    (I) to generate, and retain title 
                                to, any power generated by the 
                                facilities in accordance with section 7 
                                of the Hydroelectric Settlement; and
                                    (II) to transmit and use the power 
                                for the benefit of the customers of 
                                PacifiCorp under the jurisdiction of 
                                applicable State public utility 
                                commissions and the Commission.
                            (ii) Agreement with dam removal entity.--As 
                        a condition of transfer of title pursuant to 
                        subparagraph (C), the dam removal entity shall 
                        enter into an agreement with PacifiCorp that 
                        provides for continued generation of power in 
                        accordance with clause (i).
                    (F) Report.--Not later than 3 years after the date 
                of the completion of facilities removal, the Governors 
                and the Secretary shall submit to the Committee on 
                Energy and Natural Resources of the Senate, the 
                Committee on Natural Resources of the House of 
                Representatives, and the Commission--
                            (i) a detailed report describing the 
                        results of facilities removal, including the 
                        status of achieving the performance measures 
                        and goals included in the report described in 
                        subparagraph (B); and
                            (ii) such additional reports as the 
                        Committees consider appropriate, to be 
                        completed and submitted by the Secretary, in 
                        consultation with the Governors.
            (5) Licenses and jurisdiction.--
                    (A) Annual licenses.--
                            (i) In general.--The Commission shall issue 
                        annual licenses authorizing PacifiCorp to 
                        continue to operate the facilities until 
                        PacifiCorp transfers title to all of the 
                        facilities.
                            (ii) Termination.--The annual licenses 
                        shall terminate with respect to a facility on 
                        transfer of title for the facility from 
                        PacifiCorp to the dam removal entity.
                            (iii) Staged removal.--
                                    (I) In general.--On transfer of 
                                title of any facility by PacifiCorp to 
                                the dam removal entity, annual license 
                                conditions shall no longer be in effect 
                                with respect to the facility.
                                    (II) Nontransfer of title.--Annual 
                                license conditions shall remain in 
                                effect with respect to any facility for 
                                which PacifiCorp has not transferred 
                                title to the dam removal entity to the 
                                extent compliance with the annual 
                                license conditions are not prevented by 
                                the removal of any other facility.
                    (B) Jurisdiction.--The jurisdiction of the 
                Commission under part I of the Federal Power Act (16 
                U.S.C. 792 et seq.) shall terminate with respect to a 
                facility on the transfer of title for the facility from 
                PacifiCorp to the dam removal entity.
                    (C) Relicensing.--
                            (i) In general.--The Commission shall--
                                    (I) stay the proceeding of the 
                                Commission regarding the pending 
                                license application of PacifiCorp for 
                                Project No. 2082 for the period during 
                                which the Hydroelectric Settlement 
                                remains in effect; and
                                    (II) resume the proceeding and 
                                proceed to take final action on the new 
                                license application only if the 
                                Hydroelectric Settlement terminates 
                                pursuant to section 8.11 of the 
                                Hydroelectric Settlement.
                    (D) Termination; limitations.--If the Hydroelectric 
                Settlement is terminated pursuant to section 8.11 of 
                the Hydroelectric Settlement, the Commission, in 
                proceedings on the application for relicensing, shall 
                not be bound by the record or findings of the Secretary 
                relating to the determination of the Secretary or by 
                the determination of the Secretary.
    (c) Liability Protection.--
            (1) In general.--Notwithstanding any other Federal, State, 
        local, or common law, PacifiCorp shall not be liable for any 
        harm to an individual or entity, property, or the environment, 
        or any damages resulting from facilities removal or facility 
        operations arising from, relating to, or triggered by actions 
        associated with facilities removal under this Act, including 
        any damage caused by the release of any material or substance 
        (including a hazardous substance).
            (2) Funding.--Notwithstanding any other Federal, State, 
        local, or common law, no individual or entity contributing 
        funds for facilities removal shall be held liable, solely by 
        virtue of that funding, for any harm to an individual or 
        entity, property, or the environment, or damages arising from 
        facilities removal or facility operations arising from, 
        relating to, or triggered by actions associated with facilities 
        removal under this Act, including any damage caused by the 
        release of any material or substance (including a hazardous 
        substance).
            (3) Preemption.--Notwithstanding section 10(c) of the 
        Federal Power Act (16 U.S.C. 803(c)), protection from liability 
        pursuant to this section shall preempt the laws of any State to 
        the extent the laws are inconsistent with this Act, except that 
        this Act shall not limit any otherwise-available immunity, 
        privilege, or defense under any other provision of law.
            (4) Effective date.--Liability protection under this 
        subsection shall take effect as the protection relates to any 
        particular facilities on transfer of title to the facility from 
        PacifiCorp to the dam removal entity designated by the 
        Secretary under subsection (a)(1)(B).
    (d) Facilities Not Removed.--
            (1) Keno facility.--
                    (A) Transfer.--On notice that the dam removal 
                entity is ready to commence removal of the J.C. Boyle 
                Dam, the Secretary shall accept the transfer of title 
                to the Keno Facility to the United States in accordance 
                with section 7.5 of the Hydroelectric Settlement.
                    (B) Effect of transfer.--On the transfer under 
                subparagraph (A), and without further action by 
                Congress--
                            (i) the Keno Facility shall--
                                    (I) become part of the Klamath 
                                Reclamation Project; and
                                    (II) be operated and maintained in 
                                accordance with the Federal reclamation 
                                laws and this Act; and
                            (ii) the jurisdiction of the Commission 
                        over the Keno Facility shall terminate.
            (2) East side and west side developments.--On filing by 
        PacifiCorp of an application for surrender of the East Side and 
        West Side Developments in Project No. 2082, the Commission 
        shall issue an order approving partial surrender of the license 
        for Project No. 2082, including any reasonable and appropriate 
        conditions, as provided in section 6.4.1 of the Hydroelectric 
        Settlement.
            (3) Fall creek.--Not later than 60 days after the date of 
        the transfer of title to the Iron Gate Facility to the dam 
        removal entity, the Commission shall resume timely 
        consideration of the pending licensing application for the Fall 
        Creek development pursuant to the Federal Power Act (16 U.S.C. 
        791a et seq.), regardless of whether PacifiCorp retains 
        ownership of Fall Creek or transfers ownership to a new 
        licensee.
            (4) Iron gate hatchery.--Notwithstanding section 8 of the 
        Federal Power Act (16 U.S.C. 801), consistent with section 
        7.6.6 of the Hydroelectric Settlement title to the PacifiCorp 
        hatchery facilities within the State of California shall be 
        transferred to the State of California at--
                    (A) the time of transfer to the dam removal entity 
                of title to the Iron Gate Dam; or
                    (B) such other time as may be agreed to by the 
                parties to the Hydroelectric Settlement.

SEC. 9. ADMINISTRATION AND FUNDING.

    (a) Agreements.--
            (1) In general.--The Secretaries may enter into such 
        agreements (including contracts, memoranda of understanding, 
        financial assistance agreements, cost sharing agreements, and 
        other appropriate agreements) with State, tribal, and local 
        government agencies or private individuals and entities as the 
        Secretary concerned consider to be necessary to carry out this 
        Act and the Settlements, subject to such terms and conditions 
        as the Secretary concerned considers to be necessary.
            (2) Tribal programs.--Consistent with paragraph (1) and 
        section 32 of the Restoration Agreement, the Secretaries shall 
        give priority to qualified Party tribes in awarding grants, 
        contracts, or other agreements for purposes of implementing the 
        fisheries programs described in part III of the Restoration 
        Agreement.
    (b) Establishment of Accounts .--There are established in the 
Treasury for the deposit of appropriations and other funds (including 
non-Federal donated funds) the following noninterest-bearing accounts:
            (1) The On-Project Plan and Power for Water Management 
        Fund, to be administered by the Bureau of Reclamation.
            (2) The Water Use Retirement and Off-Project Reliance Fund, 
        to be administered by the United States Fish and Wildlife 
        Service.
            (3) The Klamath Drought Fund, to be administered by the 
        National Fish and Wildlife Foundation.
    (c) Management.--
            (1) In general.--The accounts established by subsection (b) 
        shall be managed in accordance with this Act and section 14.3 
        of the Restoration Agreement.
            (2) Transfers.--Notwithstanding section 1535 of title 31, 
        United States Code, the Secretaries are authorized to enter 
        into interagency agreements for the transfer of Federal funds 
        between Federal programs for the purpose of implementing this 
        Act and the Settlements.
    (d) Acceptance and Expenditure of Non-federal Funds.--
            (1) In general.--Notwithstanding title 31, United States 
        Code, the Secretaries may accept and expend, without further 
        appropriation, non-Federal funds, in-kind services, or property 
        for purposes of implementing the Settlement.
            (2) Use.--The funds and property described in paragraph (1) 
        may be expended or used, as applicable, only for the purpose 
        for which the funds or property were provided.
    (e) Funds Available Until Expended.--All funds made available for 
the implementation of the Settlements shall remain available until 
expended.
    (f) Termination of Agreements.--If any Agreement terminates--
            (1) any appropriated Federal funds provided to a party that 
        are unexpended at the time of the termination of the Agreement 
        shall be returned to the general fund of the Treasury; and
            (2) any appropriated Federal funds provided to a party 
        shall be treated as an offset against any claim for damages by 
        the party arising under the Agreement.
    (g) Budget.--
            (1) In general.--The budget of the President shall include 
        such requests as the President considers to be necessary for 
        the level of funding for each of the Federal agencies to carry 
        out the responsibilities of the agencies under the Settlements.
            (2) Crosscut budget.--Not later than the date of submission 
        of the budget of the President to Congress for each fiscal 
        year, the Director of the Office of Management and Budget shall 
        submit to the appropriate authorizing and appropriating 
        committees of the Senate and the House of Representatives a 
        financial report containing--
                    (A) an interagency budget crosscut report that 
                displays the budget proposed for each of the Federal 
                agencies to carry out the Settlements for the upcoming 
                fiscal year, separately showing funding requested under 
                preexisting authorities and new authorities provided by 
                this Act;
                    (B) a detailed accounting of all funds received and 
                obligated by all Federal agencies responsible for 
                implementing the Settlements; and
                    (C) a budget for proposed actions to be carried out 
                in the upcoming fiscal year by the applicable Federal 
                agencies in the upcoming fiscal year.
    (h) Report to Congress.--Not later than the date of submission of 
the budget of the President to Congress for each fiscal year, the 
Secretaries shall submit to the appropriate authorizing committees of 
the Senate and the House of Representatives a report that describes--
            (1) the status of implementation of all of the Settlements;
            (2) expenditures during the preceding fiscal year for 
        implementation of all of the Settlements;
            (3) the current schedule and funding levels that are needed 
        to complete implementation of each of the Settlements;
            (4) achievements in advancing the purposes of complying 
        with the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) under the Settlements;
            (5) additional achievements in restoring fisheries under 
        the Settlements;
            (6) the status of water deliveries for the preceding water 
        year and projections for the upcoming water year for--
                    (A) the Klamath Project and irrigators in the Off-
                Project Area pursuant to the Agreements; and
                    (B) the National Wildlife Refuges in areas covered 
                by the Agreements;
            (7) the status of achieving the goals of supporting 
        sustainable agriculture production (including the goal of 
        limiting net power costs for water management) and general 
        economic development in the Klamath Basin;
            (8) the status of achieving the goal of supporting the 
        economic development of the Party tribes;
            (9) the assessment of the Secretaries of the progress being 
        made toward completing implementation of all of the 
        Settlements;
            (10)(A) identification of performance measures established 
        for the goals of the Agreements and of facilities removal as 
        described in the report to Congress required under section 
        8(b)(4)(B); and
            (B) until achieved, the assessment of the Secretaries of 
        the progress being made toward meeting the performance 
        measures; and
            (11) the status of plans to address any potential cost in 
        excess of the State cost cap as described in the report to 
        Congress required under section 8(b)(4)(B).
                                                       Calendar No. 639

113th CONGRESS

  2d Session

                                S. 2379

                          [Report No. 113-299]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 10, 2014

                       Reported with an amendment
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