I 
112TH CONGRESS 
1ST SESSION H. R. 3398 
To authorize the restoration of the Klamath Basin and the settlement of 
the hydroelectric licensing of the Klamath Hydroelectric Project in ac-
cordance with the Klamath Basin Restoration Agreement and the Klam-
ath Hydroelectric Settlement Agreement in the public interest and the 
interest of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 10, 2011 
Mr. THOMPSON of California (for himself, Mr. BLUMENAUER, Mr. DEFAZIO, 
Mr. DICKS, Ms. ESHOO, Mr. GARAMENDI, Ms. LEE of California, Ms. 
MATSUI, Mr. MCNERNEY, Mr. GEORGE MILLER of California, Mr. 
MORAN, Mrs. NAPOLITANO, Mr. SCHRADER, Ms. SPEIER, Mr. STARK, 
and Ms. WOOLSEY) introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To authorize the restoration of the Klamath Basin and the 
settlement of the hydroelectric licensing of the Klamath 
Hydroelectric Project in accordance with the Klamath 
Basin Restoration Agreement and the Klamath Hydro-
electric Settlement Agreement in the public interest and 
the interest of the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Klamath Basin Economic Restoration Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—RESTORATION AGREEMENT 
Sec. 101. Approval and execution of Restoration Agreement. 
Sec. 102. Agreements and non-Federal funds. 
Sec. 103. Rights protected. 
Sec. 104. Funding. 
Sec. 105. Klamath Reclamation Project. 
Sec. 106. Tribal commitments and actions. 
Sec. 107. Judicial review. 
Sec. 108. Miscellaneous. 
TITLE II—HYDROELECTRIC SETTLEMENT 
Sec. 201. Approval and execution of Hydroelectric Settlement. 
Sec. 202. Secretarial determination. 
Sec. 203. Facilities transfer and removal. 
Sec. 204. Transfer of Keno Development. 
Sec. 205. Liability protection. 
Sec. 206. Licenses. 
Sec. 207. Miscellaneous. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) DAM REMOVAL ENTITY.—The term ‘‘Dam 
Removal Entity’’ means the entity designated by the 
Secretary pursuant to section 202(c). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior. 
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(4) DEFINITE PLAN.—The term ‘‘definite plan’’ 
has the meaning given the term in section 1.4 of the 
Hydroelectric Settlement. 
(5) DETAILED
PLAN.—The term ‘‘detailed 
plan’’ has the meaning given the term in section 1.4 
of the Hydroelectric Settlement. 
(6) FACILITY.—The term ‘‘facility’’ means any 
of the following hydropower developments (including 
appurtenant works) licensed to PacifiCorp under the 
Federal Power Act (16 U.S.C. 791a et seq.) as 
Project No. 2082: 
(A) Iron Gate Development. 
(B) Copco 1 Development. 
(C) Copco 2 Development. 
(D) J.C. Boyle Development. 
(7) 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, in-
cluding restoration of previously inundated 
land; 
(C) measures to avoid or minimize adverse 
downstream impacts; and 
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(D) all associated permitting for the ac-
tions described in this paragraph. 
(8) FEDERALLY
RECOGNIZED
TRIBE.—The 
term ‘‘federally recognized tribe’’ means an Indian 
tribe listed as federally recognized in— 
(A) the Bureau of Indian Affairs publica-
tion entitled ‘‘Indian Entities Recognized and 
Eligible to Receive Services from the United 
States Bureau of Indian Affairs’’ (74 Fed. Reg. 
40218 (Aug. 11, 2009)); or 
(B) any list published in accordance with 
section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a–1). 
(9) HYDROELECTRIC SETTLEMENT.— 
(A) IN
GENERAL.—The term ‘‘Hydro-
electric Settlement’’ means the agreement enti-
tled ‘‘Klamath Hydroelectric Settlement Agree-
ment,’’ dated February 18, 2010, between— 
(i) the Department; 
(ii) the Department of Commerce; 
(iii) the State of California; 
(iv) the State of Oregon; 
(v) PacifiCorp; and 
(vi) other parties. 
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(B) 
INCLUSIONS.—The 
term 
‘‘Hydro-
electric Settlement’’ includes any amendments 
to the Agreement described in subparagraph 
(A)— 
(i) approved by the parties before the 
date of enactment of this Act; or 
(ii) approved pursuant to section 
201(b)(2). 
(10) KENO DEVELOPMENT.—The term ‘‘Keno 
Development’’ means the Keno regulating facility 
within the jurisdictional project boundary of FERC 
Project No. 2082. 
(11) KLAMATH BASIN.— 
(A) IN
GENERAL.—The term ‘‘Klamath 
Basin’’ means the land tributary to the Klam-
ath River in the States. 
(B) INCLUSIONS.—The term ‘‘Klamath 
Basin’’ includes the Lost River and Tule Lake 
Basins. 
(12) KLAMATH PROJECT WATER USERS.—The 
term ‘‘Klamath Project Water Users’’ means— 
(A) the Tulelake Irrigation District; 
(B) the Klamath Irrigation District; 
(C) the Klamath Drainage District; 
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(D) the Klamath Basin Improvement Dis-
trict; 
(E) the Ady District Improvement Com-
pany; 
(F) the Enterprise Irrigation District; 
(G) the Malin Irrigation District; 
(H) the Midland District Improvement 
District; 
(I) the Pioneer District Improvement Com-
pany; 
(J) the Shasta View Irrigation District; 
(K) the Sunnyside Irrigation District; 
(L) Don Johnston & Son; 
(M) Bradley S. Luscombe; 
(N) Randy Walthall; 
(O) the Inter-County Title Company; 
(P) the Reames Golf and Country Club; 
(Q) the Winema Hunting Lodge, Inc.; 
(R) Van Brimmer Ditch Company; 
(S) Plevna District Improvement Com-
pany; and 
(T) Collins Products, LLC. 
(13) NET REVENUES.— 
(A) IN
GENERAL.—The term ‘‘net reve-
nues’’ has the meaning given the term ‘‘net 
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lease revenues’’ in Article 1(e) of Contract No. 
14–06–200–5954 between Tulelake Irrigation 
District and the United States. 
(B) INCLUSIONS.—The term ‘‘net reve-
nues’’ includes revenues from the leasing of 
land in— 
(i) the Tule Lake National Wildlife 
Refuge lying within the boundaries of the 
Tulelake Irrigation District; and 
(ii) the Lower Klamath National 
Wildlife Refuge lying within the boundaries 
of the Klamath Drainage District. 
(14) NON-FEDERAL PARTIES.—The term ‘‘non- 
Federal Parties’’ means each of the signatories to 
the Restoration Agreement other than the Secre-
taries. 
(15) OREGON
KLAMATH
BASIN
ADJUDICA-
TION.—The term ‘‘Oregon Klamath Basin adjudica-
tion’’ means the proceeding to determine water 
rights pursuant to chapter 539 of Oregon Revised 
Statutes entitled ‘‘In the matter of the determina-
tion of the relative rights of the waters of the Klam-
ath River, a tributary of the Pacific Ocean.’’ 
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(16) PACIFICORP.—The term ‘‘PacifiCorp’’ 
means the owner and licensee of the Klamath Hy-
droelectric Project, FERC Project No. 2082. 
(17) PARTY.—The term ‘‘Party’’ means each of 
the signatories to the Restoration Agreement, in-
cluding the Secretaries. 
(18) PARTY TRIBES.—The term ‘‘Party Tribes’’ 
means— 
(A) the Yurok Tribe; 
(B) the Karuk Tribe; and 
(C) the Klamath Tribes. 
(19) RESTORATION AGREEMENT.— 
(A) 
RESTORATION
AGREEMENT.—The 
term ‘‘Restoration Agreement’’ means the 
Agreement entitled ‘‘Klamath Basin Restora-
tion Agreement for the Sustainability of Public 
and Trust Resources and Affected Commu-
nities’’ dated February 18, 2010, which shall be 
on file and available for public inspection in the 
appropriate offices of the Secretaries. 
(B) INCLUSIONS.—The term ‘‘Restoration 
Agreement’’ includes any amendments to the 
Agreement described in subparagraph (A)— 
(i) approved by the parties before the 
date of enactment of this Act; or 
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(ii) approved pursuant to section 
101(b)(2). 
(20) 
SECRETARIAL
DETERMINATION.—The 
term ‘‘Secretarial determination’’ means a deter-
mination of the Secretary made under section 
202(a). 
(21) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of the Interior or des-
ignee; 
(B) the Secretary of Commerce or des-
ignee; and 
(C) the Secretary of Agriculture or des-
ignee. 
(22) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(23) STATES.—The term ‘‘States’’ means— 
(A) the State of Oregon; and 
(B) the State of California. 
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TITLE I—RESTORATION 
AGREEMENT 
SEC. 101. APPROVAL AND EXECUTION OF RESTORATION 
AGREEMENT. 
(a) IN GENERAL.—The United States approves the 
Restoration Agreement except to the extent the Restora-
tion Agreement conflicts with this title. 
(b) SIGNING AND IMPLEMENTATION OF THE RES-
TORATION AGREEMENT.—The Secretaries shall— 
(1) sign and implement the Restoration Agree-
ment; 
(2) implement any amendment to the Restora-
tion Agreement approved by the Parties after the 
date of enactment of this title, unless 1 or more of 
the Secretaries determines, not later than 90 days 
after the date on which the non-Federal Parties 
agree to the amendment, that the amendment is in-
consistent with this title or other provisions of law; 
and 
(3) to the extent consistent with the Restora-
tion Agreement, this title, and other provisions of 
law, perform all actions necessary to carry out each 
responsibility of the Secretary concerned under the 
Restoration Agreement. 
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(c) EFFECT OF SIGNING OF RESTORATION AGREE-
MENT.—Signature by the Secretaries of the Restoration 
Agreement does not constitute a major Federal action 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(d) COMPLIANCE WITH EXISTING LAW.—In imple-
menting the Restoration Agreement, the Secretaries 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 Federal environmental 
laws (including regulations). 
SEC. 102. AGREEMENTS AND NON-FEDERAL FUNDS. 
(a) AGREEMENTS.—The Secretaries may enter into 
such agreements and take such other measures (including 
entering into contracts and financial assistance agree-
ments) as the Secretaries consider necessary to carry out 
this title. 
(b) ACCEPTANCE AND EXPENDITURE OF NON-FED-
ERAL FUNDS.— 
(1) IN
GENERAL.—Notwithstanding title 31, 
United States Code, the Secretaries may accept and 
expend, without further appropriation, non-Federal 
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funds (including donations or in-kind services, or 
both) and accept by donation or otherwise real or 
personal property or any interest in the property, for 
the purposes of implementing the Restoration Agree-
ment. 
(2) USE.—The funds may be expended, and the 
property used, under paragraph (1) only for the pur-
poses for which the funds and property were pro-
vided, without further appropriation or authority. 
SEC. 103. RIGHTS PROTECTED. 
Notwithstanding any other provision of law, this Act 
and implementation of the Restoration Agreement shall 
not restrict or alter the eligibility of any Party or Indian 
tribe for or receipt of funds, or 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. 
SEC. 104. FUNDING. 
(a) ESTABLISHMENT OF ACCOUNTS.—There are es-
tablished 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. 
(2) The Water Use Retirement and Off-Project 
Reliance Fund. 
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(3) The Klamath Drought Fund. 
(b) MANAGEMENT.—The accounts established by 
subsection (a) shall be managed in accordance with this 
title and section 14.3 of the Restoration Agreement. 
(c) BUDGET REQUESTS.—When submitting annual 
budget requests to Congress, the President may include 
funding described in Appendix C–2 of the Restoration 
Agreement with such adjustment as the President con-
siders appropriate to maintain timely implementation of 
the Restoration Agreement. 
(d) NONREIMBURSABLE.—Except as provided in sec-
tion 108(d), funds appropriated and expended for the im-
plementation of the Restoration Agreement shall be nonre-
imbursable and nonreturnable to the United States. 
(e) FUNDS
AVAILABLE
UNTIL
EXPENDED.—All 
funds made available for the implementation of the Res-
toration Agreement shall remain available until expended. 
SEC. 105. KLAMATH RECLAMATION PROJECT. 
(a) KLAMATH RECLAMATION PROJECT PURPOSES.— 
The purposes of the Klamath Reclamation Project shall 
be irrigation, reclamation, flood control, municipal, indus-
trial, power (as necessary to implement the Restoration 
Agreement), National Wildlife Refuge, and fish and wild-
life. 
(b) EFFECT OF FISH AND WILDLIFE PURPOSES.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
the fish and wildlife and National Wildlife Refuge 
purposes of the Klamath Reclamation Project shall 
not adversely affect the irrigation purpose of the 
Klamath Reclamation Project. 
(2) WATER ALLOCATIONS AND DELIVERY.—The 
provisions regarding water allocations and delivery 
to the National Wildlife Refuges in section 15.1.2 of 
the Restoration Agreement (including any additional 
water made available under sections 15.1.2.E.ii and 
18.3.2.B.v of the Restoration Agreement) shall not 
be considered to have an adverse effect on the irriga-
tion purpose of the Klamath Reclamation Project. 
(c) 
WATER
RIGHTS
ADJUDICATION.—Notwith-
standing subsections (a) and (b), for purposes of the de-
termination of water rights in Oregon Klamath Basin Ad-
judication, until Appendix E–1 to the Restoration Agree-
ment has been filed in the Oregon Klamath Basin Adju-
dication, the 1 or more purposes of the Klamath Reclama-
tion Project shall continue as in existence prior to the date 
of enactment of this Act. 
(d) DISPOSITION OF NET REVENUES FROM LEASING 
OF TULE LAKE AND LOWER KLAMATH NATIONAL WILD-
LIFE REFUGE LAND.—Notwithstanding any other provi-
sion of law, net revenues from the leasing of refuge land 
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within the Tule Lake National Wildlife Refuge and the 
Lower Klamath National Wildlife Refuge under section 4 
of Public Law 88–567 (16 U.S.C. 695n) shall be provided, 
without further appropriation, as follows: 
(1) Ten percent of net revenues from land with-
in the Tule Lake National Wildlife Refuge that are 
within the boundaries of Tulelake Irrigation District 
shall be provided to the Tulelake Irrigation District 
in accordance with 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). 
(2) Such amounts as are necessary shall be 
used to make payment to counties in lieu of taxes 
in accordance with section 3 of Public Law 88–567 
(16 U.S.C. 695m). 
(3) Twenty percent of net revenues shall be 
provided directly to the United States Fish and 
Wildlife Service for wildlife management purposes on 
the Tule Lake National Wildlife Refuge and Lower 
Klamath National Wildlife Refuge. 
(4) Ten percent of net revenues from land with-
in Lower Klamath National Wildlife Refuge that are 
within the boundaries of the Klamath Drainage Dis-
trict shall be provided directly to Klamath Drainage 
District for operation and maintenance responsibility 
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for the Federal Reclamation water delivery and 
drainage facilities within the boundaries of both 
Klamath Drainage District and Lower Klamath Na-
tional Wildlife Refuge exclusive of the Klamath 
Straits Drain, subject to the assumption by the 
Klamath Drainage District of the operation and 
maintenance duties of the Bureau of Reclamation 
for Klamath Drainage District (Area K) lease land 
exclusive of Klamath Straits Drain. 
(5) The remainder of net revenues shall be pro-
vided directly to the Bureau of Reclamation for— 
(A) operation and maintenance costs of 
Link River and Keno Dams incurred by the 
United States; and 
(B) to the extent that the revenues re-
ceived under this paragraph for any year exceed 
the costs described in subparagraph (A), future 
capital costs of the Klamath Reclamation 
Project. 
SEC. 106. TRIBAL COMMITMENTS AND ACTIONS. 
(a) ACTIONS BY THE KLAMATH TRIBES.—In return 
for the resolution of the contests of the Klamath Project 
Water Users related to the water rights claims of the 
Klamath Tribes and of the United States acting in a ca-
pacity as trustee for the Klamath Tribes and members of 
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the Klamath Tribes in the Oregon Klamath Basin Adju-
dication and for other benefits covered by the Restoration 
Agreement and this Act, the Klamath Tribes (on behalf 
of the Klamath Tribes and members of the Klamath 
Tribes) are authorized to make the commitments in the 
Restoration Agreement, including the assurances con-
tained in section 15 of the Restoration Agreement, and 
such commitments are confirmed as effective and binding 
in accordance with the terms of the commitments without 
further action by the Klamath Tribes. 
(b) ACTIONS BY THE KARUK TRIBE AND THE YUROK 
TRIBE.—In return for the commitments of the Klamath 
Project Water Users related to water rights of the Karuk 
Tribe and the Yurok Tribe as described in the Restoration 
Agreement and for other benefits covered by the Restora-
tion Agreement and this Act, the Karuk Tribe and the 
Yurok Tribe (on behalf of those Tribes and members of 
those Tribes) are authorized to make the commitments 
provided in the Restoration Agreement, including the as-
surances contained in section 15 of the Restoration Agree-
ment, and such commitments are confirmed as effective 
and binding in accordance with the terms of the commit-
ments without further action by the Yurok Tribe or the 
Karuk Tribe. 
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(c) RELEASE
OF CLAIMS AGAINST
THE UNITED 
STATES.— 
(1) IN GENERAL.—Without affecting rights se-
cured by treaty, Executive order, or other law, the 
Party Tribes (on behalf of the Party Tribes and 
members of the Party Tribes) may relinquish and 
release certain claims against the United States, 
Federal agencies, or Federal employees, described in 
sections 15.3.5.A, 15.3.6.B.i and 15.3.7.B.i of the 
Restoration Agreement. 
(2) CONDITIONS.—The relinquishments and re-
leases shall not be in force or effect until the terms 
described 
in 
sections 
15.3.5.C, 
15.3.6.B.iii, 
15.3.7.B.iii, and 33.2.1 of the Restoration Agree-
ment have been fulfilled. 
(d) RETENTION
OF
RIGHTS
OF
THE
PARTY 
TRIBES.—Notwithstanding the commitments and releases 
described in subsections (a) through (c), the Party Tribes 
and the members of the Party Tribes shall retain all 
claims described in sections 15.3.5.B, 15.3.6.B.ii and 
15.3.7.B.ii of the Restoration Agreement. 
(e) TOLLING OF CLAIMS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the period of limitation and time-based equitable de-
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fense 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 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 Restora-
tion Agreement; or 
(ii) December 1, 2030. 
(2) EFFECT OF TOLLING.—Nothing in this sub-
section— 
(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 
limitations or any time-based equitable defense 
under any other applicable law. 
(f) ACTIONS OF THE UNITED STATES ACTING IN CA-
PACITY AS TRUSTEE.—In return for the commitments of 
the Klamath Project Water Users relating to the water 
rights and water rights claims of federally recognized 
tribes of the Klamath Basin and of the United States as 
trustee for such tribes and other benefits covered by the 
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Restoration Agreement and this Act, the United States, 
as trustee on behalf of the federally recognized tribes of 
the Klamath Basin and allottees of reservations of feder-
ally recognized tribes of the Klamath Basin in California, 
is authorized to make the commitments provided in the 
Restoration Agreement, including the assurances con-
tained in section 15 of the Restoration Agreement, and 
such commitments are confirmed as effective and binding 
in accordance with the terms of the commitments, without 
further action by the United States. 
(g) FURTHER AGREEMENTS.—The United States 
and the Klamath Tribes may enter into agreements con-
sistent with section 16.2 of the Restoration Agreement. 
(h) EFFECT OF SECTION.—Nothing in this section— 
(1) affects the ability of the United States to 
take actions— 
(A) authorized by law to be taken in the 
sovereign capacity of the United States, includ-
ing any laws relating to health, safety, or the 
environment, including— 
(i) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(ii) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
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(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.); and 
(v) regulations implementing the Acts 
described in this subparagraph; 
(B) as trustee for the benefit of federally 
recognized tribes other than the federally recog-
nized tribes of the Klamath Basin; 
(C) as trustee for the federally recognized 
tribes of the Klamath Basin and the members 
of the tribes that are consistent with the Res-
toration Agreement and this title; 
(D) as trustee for the Party Tribes to en-
force the Restoration Agreement and this title 
through such legal and equitable remedies as 
may be available in the appropriate Federal or 
State court or administrative proceeding, in-
cluding the Oregon Klamath Basin Adjudica-
tion; 
(E) as trustee for the federally recognized 
tribes of the Klamath Basin to acquire water 
rights after the effective date of the Restoration 
VerDate Mar 15 2010 
22:00 Nov 14, 2011
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mstockstill on DSK4VPTVN1PROD with BILLS