H. R. 2828
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To authorize payments to certain Klamath Project water distribution entities for
amounts assessed by the entities for operation and maintenance of the Project’s
transferred works for 2001, to authorize refunds to such entities of amounts
collected by the Bureau of Reclamation for reserved works for 2001, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Klamath Basin Emergency Oper-
ation and Maintenance Refund Act of 2002’’.
SEC. 2. QUALIFIED KLAMATH PROJECT ENTITY DEFINED.
In this Act, the term ‘‘qualified Klamath Project entity’’ means
an entity that—
(1) has executed a water supply contract with the United
States for water from the Upper Klamath Lake and the
Klamath River of the Klamath Project pursuant to the reclama-
tion laws, including the Act of June 17, 1902 (32 Stat. 388),
and Acts amendatory thereof or supplementary thereto;
(2) distributes water received under the contract;
(3) received a severely limited irrigation supply from the
Upper Klamath Lake and the Klamath River based on the
Bureau of Reclamation 2001 annual operations plan dated April
6, 2001; and
(4) was not reimbursed for its operation and maintenance
expenses for 2001 pursuant to State law.
SEC. 3. REFUND AND WAIVER OF ASSESSMENTS AND CHARGES FOR
OPERATION AND MAINTENANCE OF KLAMATH RECLAMA-
TION PROJECT.
(a) IN GENERAL.—The Secretary of the Interior is authorized
to pay to each qualified Klamath Project entity an amount equal
to the amount assessed or charged to members of the qualified
Klamath Project entity, or to other persons receiving water or
drainage service from such an entity, for operation and maintenance
of Klamath Project transferred and reserved works for 2001.
(b) CONDITIONS.—Payment under this section may be made
to a qualified Klamath Project entity only after the entity has—
(1) provided to the Secretary documentation satisfactory
to the Bureau of Reclamation, demonstrating the total amount
assessed or charged to members of the entity or to persons
receiving service from the entity; and
(2) executed a binding agreement under which the funds
paid to the entity under this section shall be distributed to
H. R. 2828—2
each member of the entity or persons receiving service from
the entity in an amount equal to the amount collected by
the entity from the member or person for operation and mainte-
nance for 2001.
(c) WAIVER OF REMAINING AND ADDITIONAL CHARGES.—The Sec-
retary may waive any requirement that a qualified Klamath Project
entity pay remaining or additional charges for operation and
maintenance of Klamath Project reserved works for 2001.
(d) PAYMENTS AND WAIVERS FOR INDIVIDUALS.—The Secretary—
(1) may pay, to any individual within the Klamath Project
who holds a contract entered into pursuant to the Act of Feb-
ruary 21, 1911 (36 Stat. 925; 43 U.S.C. 523–525), popularly
known as the ‘‘Warren Act’’, and who is not within a district
that receives a payment pursuant to subsection (a) and a waiver
under subsection (c), an amount equal to the amount collected
from such individual for operation and maintenance of Klamath
Project reserved works for 2001; and
(2) may forego collection from such individual of charges
for operation and maintenance of such works for the remainder
of 2001.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Amounts not paid by a qualified Klamath Project entity to
the Bureau of Reclamation for the operation and maintenance of
the reserved works for 2001 shall be funded from the appropriations
authorized by this Act. Costs incurred by the Bureau of Reclamation
in carrying out this Act shall not be reimbursable.
SEC. 5. NO SUPPLEMENTAL OR ADDITIONAL BENEFIT.
Activities under this Act or funded pursuant to this Act shall
not be considered a supplemental or additional benefit under the
Act of June 17, 1902 (82 Stat. 388), and all Acts amendatory
thereof or supplementary thereto.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.