I 
107TH CONGRESS 
2D SESSION 
H. R. 5698
To establish water conservation and habitat restoration programs in the 
Klamath River basin and to provide emergency disaster assistance to 
fishermen, Indian tribes, small businesses, and others that suffer eco-
nomic harm from the devastating effects of the Klamath River basin 
fish kill of 2002. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 24, 2002
Mr. THOMPSON of California (for himself and Mr. BLUMENAUER) introduced 
the following bill; which was referred to the Committee on Resources 
A BILL 
To establish water conservation and habitat restoration pro-
grams in the Klamath River basin and to provide emer-
gency disaster assistance to fishermen, Indian tribes, 
small businesses, and others that suffer economic harm 
from the devastating effects of the Klamath River basin 
fish kill of 2002.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Klamath River Basin 
Restoration and Emergency Assistance Act of 2002’’.
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COUNTIES.—The term ‘‘Counties’’ in-
cludes—
(A) Lake, Klamath, and Jackson Counties 
in Oregon; and 
(B) Modoc, Siskiyou, Trinity, Del Norte, 
and Humboldt Counties in California. 
(2) KLAMATH
BASIN.—The term ‘‘Klamath 
Basin’’ means the watershed areas in Oregon and 
California that drain into the Klamath River Sys-
tem. 
(3) PROGRAM.—The term ‘‘Program’’ means 
the Klamath River Basin Conservation Area Res-
toration Program established under section 3. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, unless otherwise speci-
fied. 
(5) TASK FORCE.—The term ‘‘Task Force’’ 
means the Klamath Basin Restoration Task Force 
established by section 6. 
(6) TRIBES.—The term ‘‘Tribes’’ means—
(A) the Klamath Tribes; 
(B) the Hoopa Valley Tribe; 
(C) the Karuk Tribe; and 
(D) the Yurok Tribe.
(7) WATER CONSERVATION.—The term ‘‘water 
conservation’’—
(A) subject to subparagraph (B), means 
actions taken to improve the efficiency of stor-
age, conveyance, distribution, or use of water; 
and 
(B) does not include the construction of 
any dam, reservoir, or well. 
SEC. 3. KLAMATH WATER QUALITY AND CONSERVATION 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of the Interior, acting through the Commissioner of the 
Bureau of Reclamation and the Director of the United 
States Fish and Wildlife Service, shall, immediately upon 
the enactment of this Act, establish a program for pro-
viding financial and technical assistance for water con-
servation in the Klamath Basin. The program shall be 
known as the ‘‘Klamath River Basin Conservation Area 
Restoration Program.’’
(b) ASSISTANCE.—The Secretary, under the Pro-
gram, may provide loans, grants, and technical assistance 
to qualified applicants for preparation and implementation 
of plans for and short- and long-term eligible water con-
servation projects and measures in the Klamath Basin. 
(c) QUALIFIED APPLICANT.—
(1) IN GENERAL.—For purposes of subsection 
(b), a qualified applicant is any irrigation district, 
Indian tribe, nonprofit nongovernmental organiza-
tion, or individual landowner that meets qualification 
requirements established by the Secretary under 
paragraph (2). 
(2) QUALIFICATION REQUIREMENTS.—The Sec-
retary shall issue regulations establishing qualifica-
tion requirements for purposes of paragraph (1) by 
not later than 1 year after the date of the enactment 
of this Act. 
(d) ELIGIBLE WATER CONSERVATION PROJECTS 
AND MEASURES.—For purposes of subsection (b), eligible 
water conservation projects and measures include the fol-
lowing: 
(1) Incentives for growing crops that require 
less water than crops grown on the date of the en-
actment of this Act, in—
(A) the Upper Klamath Basin above Iron 
Gate Dam; or 
(B) the Scott and Shasta River Valleys 
and other Lower Klamath Basin areas.
(2) Purchase or lease, from a willing seller or 
lessor, of land, water rights associated with land, 
and other property interests in the Upper Klamath
Basin above Iron Gate Dam and within the Scott 
and Shasta River Valleys and other Lower Klamath 
Basin areas, including acquisition of nonirrigation 
conservation easements that preclude the grantor of 
such an easement from irrigating lands that are sub-
ject to such an easement. 
(3) Tail-water recovery programs, and lining or 
piping (or both) of earthen irrigation channels. 
(4) Groundwater recharge and management 
systems. 
(5) Restoration of in-stream habitat conditions, 
consistent with generally accepted stream improve-
ment practices, in consultation with the California 
Department of Fish and Game stream improvement 
manual (for projects and measures in California) or 
the Oregon Watershed Enhancement Board stream 
restoration guidelines (for projects and measures in 
Oregon), as applicable. 
(6) Field leveling, monitoring of soil moisture 
conditions, and irrigation scheduling. 
(7) Restoration of riparian habitat for the pur-
poses of improving water quality and conservation. 
(8) Updating and installation of water moni-
toring and metering facilities.
(e) WATER CONSERVATION FOR FISH HABITAT RES-
TORATION.—The Secretary shall require that any water 
conservation project or measure for fish habitat restora-
tion purposes that is carried out with assistance under this 
section shall be carried out in accordance with all applica-
ble State and Federal laws. 
(f) PROHIBITION OF USE OF FUNDS.—None of the 
funds made available under this Act may be used to plan, 
design, or construct new facilities that may be used to 
store, divert, distribute, or otherwise supply water from 
any source for the purpose of bringing newly irrigated 
lands into agricultural production. 
(g) COST SHARING.—
(1) IN GENERAL.—The Federal share of the 
cost of any activity carried out with a loan or grant 
under this section shall not exceed 75 percent. 
(2) IN-KIND
CONTRIBUTIONS.—(A) The Sec-
retary shall apply to the non-Federal share of the 
cost of any activity carried out with a loan or grant 
under this section (in addition to cash outlays), the 
value of in-kind contributions to the activity of real 
and personal property and voluntary personal serv-
ices provided from non-Federal sources.
(B) Any valuation of property or services by the 
Secretary for purposes of this paragraph is final and 
not subject to judicial review. 
(C) The Secretary shall by regulation estab-
lish—
(i) the training, experience, and other 
qualifications that volunteers must have in 
order for their services to be considered as in-
kind contributions under this paragraph; and 
(ii) the standards under which the Sec-
retary will determine the value of in-kind con-
tributions of for purposes of this paragraph. 
(3) LIMITATION.—The Secretary may not con-
sider the expenditure, either directly or indirectly, 
with respect to the Program of Federal moneys re-
ceived by a State or local government to be a finan-
cial contribution by a non-Federal source for pur-
poses of this subsection. 
(h) OPERATION AND MAINTENANCE EXPENSES.—No 
Federal funds may be expended for operation or mainte-
nance of any facility constructed under this Act. 
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this sec-
tion $200,000,000 for fiscal years 2004 through
2009, of which 50 percent shall be to provide assist-
ance for eligible water conservation projects and 
measures described in subsection (d)(2). 
(2) 
AVAILABILITY.—Amounts 
appropriated 
under this subsection may remain available until ex-
pended. 
SEC. 4. EMERGENCY DISASTER ASSISTANCE.
(a) IN GENERAL.—The Secretary of the Interior, 
subject to the availability of appropriations, shall provide 
emergency financial assistance to persons in northern 
California and Oregon coastal communities that were ad-
versely affected by the Klamath Basin salmon kill disaster 
of 2002, including to Indian tribes, participants in the rec-
reational and commercial fishing industries, owners and 
operators of fish processing facilities, and other businesses 
that were so affected.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of the 
Interior $20,000,000 to provide assistance under this sec-
tion. 
SEC. 5. FLOW RATES. 
The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, shall modify 
operation of the Klamath Project to ensure that Klamath 
River flows as measured at Iron Gate Dam meet, as a
minimum, the levels set forth in the document entitled 
‘‘Evaluation of Interim Instream Flow Needs in the Klam-
ath River, Phase II, Final Report’’, prepared for the De-
partment of the Interior by Dr. Thomas B. Hardy and 
Mr. R. Craig Addley (Final Draft—November 21, 2001). 
This section shall not in any way limit or establish the 
Secretary of the Interior’s duties under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or to Indian 
tribes.
SEC. 6. KLAMATH BASIN RESTORATION TASK FORCE. 
(a) ESTABLISHMENT.—There is established a Klam-
ath Basin Restoration Task Force. 
(b) FUNCTIONS.—The Task Force shall—
(1) advise the Secretary in the formulation, co-
ordination, and implementation of the Program; 
(2) develop and propose water conservation 
projects and measures for receipt of assistance 
under the Program, and make recommendations on 
eligible water conservation projects and measures to 
be provided assistance under the Program; 
(3) assist, and coordinate its activities with, 
Federal, State, and local governmental or private 
anadromous and resident native fish restoration 
projects within the Klamath Basin;
(4) conduct any other activity that is necessary 
to accomplish the objectives of the Program; and 
(5) act as an advisor to the Klamath Fisheries 
Management Council. 
(c) MEMBERSHIP
AND APPOINTMENT.—The Task 
Force shall consist of 32 members, as follows: 
(1) Nine members appointed by the Governor of 
California, as follows: 
(A) A representative of the California com-
mercial salmon fishing industry. 
(B) A representative of the California in-
river sport fishing or in-stream recreational in-
dustry. 
(C) A representative of the California De-
partment of Fish and Game. 
(D) A representative of the California De-
partment of Water Resources. 
(E) A representative of private land own-
ers in the Lower Klamath River basin farming 
and ranching community, who reside in the 
State of California and who are not dependent 
on the Federal Klamath Irrigation Project for 
water supplies. 
(F) A representative of private land owners 
in the farming and ranching community who re-
side in the State of California and who are de-
pendent on the Federal Klamath Irrigation 
Project for water supplies. 
(G) Two representatives of California-
based environmental organizations, or of na-
tional organizations having an office in Cali-
fornia, with interests in ecosystem restoration, 
anadromous fisheries and wildlife refuges in the 
Klamath Basin. 
(H) A citizen of California who resides in 
the Lower Klamath Basin to represent the gen-
eral business community and who is drawn 
from the California business community of the 
Lower Klamath Basin. 
(2) Nine members appointed by the Governor of 
Oregon, as follows: 
(A) A representative of the Oregon com-
mercial salmon fishing industry. 
(B) A representative of the Oregon in-river 
sport fishing or in-stream recreational industry. 
(C) A representative of the Oregon Depart-
ment of Fish and Wildlife. 
(D) A representative of the Oregon Water 
Resources Department.
(E) A representative of private land own-
ers in the Upper Klamath Basin farming and 
ranching community, who reside in the State of 
Oregon and who are not dependent on the Fed-
eral Klamath Irrigation Project for water sup-
plies. 
(F) A representative of private land owners 
in the farming and ranching community who re-
side in the State of Oregon and who are de-
pendent on the Federal Klamath Irrigation 
Project for water supplies. 
(G) Two representatives of Oregon-based 
environmental organizations, or of national or-
ganizations having an office in Oregon, with in-
terests in ecosystem restoration, anadromous 
fisheries and wildlife refuges in the Klamath 
Basin. 
(H) A citizen of Oregon who resides in the 
Upper Klamath Basin to represent the general 
business community and who is drawn from the 
Oregon business community of the Upper 
Klamath Basin. 
(3) A representative of the Department of the 
Interior, who shall be appointed by the Secretary.
(4) A representative of the National Marine 
Fisheries Service and the Department of Commerce, 
who shall be appointed by the Secretary of Com-
merce. 
(5) A representative of the Department of Agri-
culture who shall be appointed by the Secretary of 
Agriculture. 
(6) A representative of the Environmental Pro-
tection Agency, who shall be appointed by the Ad-
ministrator of that agency. 
(7) One individual who shall be appointed by 
the County Commissioners of Klamath County, Or-
egon. 
(8) One individual who shall be appointed by 
the Board of Supervisors of Del Norte County, Cali-
fornia. 
(9) One individual who shall be appointed by 
the Board of Supervisors of Siskiyou County, Cali-
fornia. 
(10) One individual who shall be appointed by 
the Board of Supervisors of Humboldt County, Cali-
fornia. 
(11) One individual who shall be appointed by 
the Board of Supervisors of Modoc County, Cali-
fornia.
(12) One individual who shall be appointed by 
the Board of Supervisors of Trinity County, Cali-
fornia. 
(13) A representative of the Karuk Tribe, who 
shall be appointed by the governing body of the 
Tribe. 
(14) A representative of the Klamath Tribes, 
who shall be appointed by the governing body of the 
Tribes. 
(15) A representative of the Yurok Tribe, who 
shall be appointed by the governing body of the 
Tribe. 
(16) A representative of the Hoopa Valley 
Tribe, who shall be appointed by the governing body 
of the Hoopa Valley Tribe. 
(d) TERMS.—
(1) IN GENERAL.—The term of a member of 
the Task Force is 4 years, except that an individual 
may continue to serve as a member after expiration 
of the individual’s term until a successor has taken 
office. 
(2) SERVICE.—A member of the Task Force 
shall serve at the pleasure of the person having au-
thority to appoint the member.