I 
118TH CONGRESS 
2D SESSION 
H. R. 7938 
To amend the Klamath Basin Water Supply Enhancement Act of 2000 
to provide the Secretary of the Interior with certain authorities with 
respect to projects affecting the Klamath Basin watershed, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2024 
Mr. BENTZ introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To amend the Klamath Basin Water Supply Enhancement 
Act of 2000 to provide the Secretary of the Interior 
with certain authorities with respect to projects affecting 
the Klamath Basin watershed, and for other purposes. 
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 Basin Water 
Agreement Support Act of 2024’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) The Klamath River Basin is home to impor-
tant species of fish and wildlife and communities, in-
cluding Tribal and agricultural communities. 
(2) Tribal fisheries in the Klamath River Basin 
are depressed, owing to a combination of factors. 
(3) In recent decades, the Klamath River Basin 
has witnessed chronic conflict, much of which has 
been fueled or exacerbated by implementation of the 
Endangered Species Act of 1973. 
(4) The United States has taken, and continues 
to take, extraordinary actions to attempt to address 
certain factors affecting Tribal fisheries. 
(5) The United States actions to enhance fish-
eries have included expenditures of several hundreds 
of millions of dollars for research and projects, in-
cluding support of Tribal fisheries programs and im-
position of regulatory burdens on other parties who 
make use of natural resources in the Klamath River 
Basin for their own livelihoods. 
(6) In the past 16 years, the Bureau of Rec-
lamation has requested and received appropriations 
of approximately $136,000,000 for Endangered Spe-
cies Act of 1973 compliance activities, even while de-
nying water deliveries for irrigation and wildlife ref-
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
uges served through Klamath Reclamation Project 
facilities. 
(7) Denial of water deliveries through Klamath 
Reclamation Project facilities has injured commu-
nities and wildlife severely but has not resulted in 
any identifiable benefit to populations of fish species 
listed as threatened or endangered. 
(8) The United States regulatory actions have 
also included the imposition of conditions on the 
generation of clean hydropower that have made hy-
dropower uneconomical, such that a private utility 
has agreed to the removal of 4 dams that have pro-
duced renewable energy for over a century. 
(9) The removal of dams has been funded in 
substantial part by electric rate payers, including ir-
rigation water users, in Oregon and California, who 
also are burdened with the cost of paying for re-
placement power. 
(10) The removal of dams has also led indi-
rectly to other significant public costs that would not 
have been incurred absent the removal of hydro-
electric generation. 
(11) The removal of hydroelectric generation on 
the Klamath River is expected to result in the avail-
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ability of 425 miles of habitat for anadromous fish 
that is not currently accessible. 
(12) Commitments have been made to agricul-
tural communities to the effect that dam removal 
and restoration activities will not cause new burdens 
for those communities and, in fact, that those com-
munities will benefit significantly, but those commit-
ments have either not been kept or lack the nec-
essary assurances that they will be met in the fu-
ture. 
(13) It is appropriate and fair to take measures 
to stabilize conditions for agricultural communities 
in the Klamath Basin that have been at the center 
of conflict and to whom important commitments 
have been made in connection with extraordinary ac-
tions taken by the United States that affect their in-
terests. 
(14) This Act will increase such stability while 
not adversely affecting other interests in the Klam-
ath Basin. 
SEC. 3. KLAMATH PROJECT WATER AND POWER. 
(a) ADDRESSING WATER, POWER, AND FACILITIES 
MANAGEMENT FOR IRRIGATION.—Section 4 of the Klam-
ath Basin Water Supply Enhancement Act of 2000 (Pub-
lic Law 106–498) is amended— 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) IN GENERAL.—Subject to appropriations 
and required environmental reviews, the Secretary is 
authorized to carry out activities, including entering 
into a contract or making financial assistance avail-
able through cooperative agreements or other meth-
ods, to plan, implement, and administer voluntary 
programs, including conservation and efficiency 
measures, demand limitation or management, and 
use of groundwater, to align water supplies and de-
mand for irrigation water users associated with the 
Klamath Project, with a primary emphasis on pro-
grams developed or endorsed by local entities com-
prised of representatives of those water users.’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(2) IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—Beginning not later 
than 180 days after the date of enactment of 
the Klamath Power and Facilities Agreement 
Support Act, the Secretary shall, through 1 or 
more cooperative agreements, financial assist-
ance agreements, or other methods, implement, 
or support the implementation of, the rec-
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ommendations identified in the report described 
in paragraph (1) that the Secretary determines 
would lead to bringing the net delivered power 
cost for covered power use to an amount that 
is the same as, or less than, the power cost 
benchmark, subject to the availability of appro-
priations, on the fastest timeline practicable, 
with respect to near- and long-term actions. 
‘‘(B) REQUIREMENT.—The implementation 
of recommendations under subparagraph (A) 
shall be carried out in accordance with— 
‘‘(i) the report submitted under para-
graph (1); and 
‘‘(ii) any reports submitted under 
paragraph (3). 
‘‘(3) ADDITIONAL
REPORTS.—Not later than 
April 30, 2025, and every 5 years thereafter, the 
Secretary shall submit to each committee described 
in the matter preceding subparagraph (A) of para-
graph (1) a report that describes— 
‘‘(A) any progress toward meeting the re-
quirements of this subsection; and 
‘‘(B) any modifications or updates to the 
actions 
recommended 
under 
paragraph 
(1)(B).’’; and 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) by adding at the end the following: 
‘‘(d) RESTORATION
ACTIVITIES.—The Secretary 
may— 
‘‘(1) plan, design, construct, operate, and main-
tain projects in the Klamath Basin watershed, in-
cluding— 
‘‘(A) facilities to reduce fish entrainment; 
‘‘(B) projects that reduce or avoid impacts 
on aquatic resources of facilities involved in the 
storage or diversion of water for irrigation in 
the Klamath Project service area; and 
‘‘(C) projects that restore habitats in the 
Klamath Basin watershed, including Tribal 
fishery resources held in trust; 
‘‘(2) undertake studies, including feasibility 
studies, and improvements that the Secretary deter-
mines to be necessary to implement this subsection; 
‘‘(3) in implementing this subsection, enter into 
contracts, memoranda of understanding, financial 
assistance agreements, cost-sharing agreements, or 
other appropriate agreements with— 
‘‘(A) State, Tribal, and local governmental 
agencies; and 
‘‘(B) private parties; and 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(4) accept and expend non-Federal funds in 
order to facilitate implementation of this subsection. 
‘‘(e) GOALS.—The goals of activities under sub-
sections (b) and (d) shall include, as applicable— 
‘‘(1) the short-term and long-term reduction 
and resolution of conflicts relating to water in the 
Klamath Basin watershed; and 
‘‘(2) compatibility and utility for protecting nat-
ural resources throughout the Klamath Basin water-
shed, including the protection, preservation, and res-
toration of Klamath River Tribal fishery resources, 
particularly through collaboratively developed agree-
ments. 
‘‘(f) PUMPING PLANT D.—The Secretary may enter 
into 1 or more agreements with the Tulelake Irrigation 
District to reimburse the Tulelake Irrigation District for 
not more than 69 percent of the cost incurred by the 
Tulelake Irrigation District for the operation and mainte-
nance of Pumping Plant D, subject to the condition that 
the cost results in benefits to the United States. 
‘‘(g) INFRASTRUCTURE.— 
‘‘(1) KENO AND LINK RIVER DAMS.—The Sec-
retary shall comply with the terms of the agreement 
entitled ‘2016 Klamath Power and Facilities Agree-
ment’, including Attachment A to the agreement. 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(2) REALIZATION
OF
BENEFITS.—No modi-
fication of Keno Dam infrastructure to modify cur-
rent fish passage capability shall occur, and no arti-
ficial action to introduce or reintroduce aquatic spe-
cies above Keno Dam shall occur, until 90 days after 
the Secretary has certified to the Chairs and Rank-
ing Members of the Natural Resources Committee of 
the House of Representatives and the Energy and 
Natural Resources Committee of the Senate that— 
‘‘(A) all State and Federal parties to the 
2016 Klamath Power and Facilities Agreement 
have complied with the first sentence of section 
II. B.2.a. of that agreement; and 
‘‘(B) the parties to the 2016 Klamath 
Power and Facilities Agreement and the parties 
to the Klamath Hydroelectric Settlement Agree-
ment have completed and approved the agree-
ment or agreements contemplated by section 
III.C. of the 2016 Klamath Power and Facili-
ties Agreement and Section 1.9 of the Klamath 
Hydroelectric Settlement Agreement. 
‘‘(3) DRAFT
CERTIFICATION.—Not less than 
180 days before providing a certification under para-
graph (2), the Secretary shall provide a draft certifi-
cation to the parties to the respective agreements. 
VerDate Sep 11 2014 
02:57 Apr 23, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7938.IH
H7938
kjohnson on DSK7ZCZBW3PROD with $$_JOB