I
107TH CONGRESS
1ST SESSION
H. R. 2389
To provide for the compensation of persons of the Klamath Basin who
were economically harmed as a result of the implementation of the
Endangered Species Act of 1973.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. HERGER (for himself and Mr. WALDEN) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To provide for the compensation of persons of the Klamath
Basin who were economically harmed as a result of the
implementation of the Endangered Species Act of 1973.
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 ‘‘Compensation for
Klamath Basin Government-Caused Disaster Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The Klamath Reclamation Project is a
water storage and irrigation project serving more
than 200,000 acres of land in southern Oregon and
northern California.
(2) The Klamath Reclamation Project was au-
thorized in 1905 pursuant to the Reclamation Act of
1902 (43 U.S.C. 371 et seq.) and is operated by the
Bureau of Reclamation.
(3) On April 6, 2001, the Bureau of Reclama-
tion issued the Klamath Reclamation Project 2001
Annual Operations Plan, which provides for the de-
livery of no water to most of the lands served by the
Klamath Reclamation Project, and instead imple-
ments an alternative plan developed pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) As a result of the Klamath Reclamation
Project 2001 Annual Operations Plan, nearly 1,500
family farms and many local agriculture-related
businesses will sustain severe economic harm, and
many could be forced into bankruptcy, causing se-
vere harm to the entire economy of the Klamath
Basin.
(5) The situation in the Klamath Basin
amounts to a Government-caused disaster.
(6) The Secretary of the Interior (hereafter in
this Act referred to as the ‘‘Secretary’’) should fully
compensate the persons of the Klamath Basin for
the economic harm caused as a result of the imple-
mentation of the Klamath Reclamation Project 2001
Annual Operations Plan.
(b) PURPOSE.—The purpose of this Act is to ensure
that persons of the Klamath Basin are fully compensated
for economic losses suffered by such persons as a result
of the implementation of the Klamath Reclamation Project
2001 Annual Operations Plan.
SEC. 3. COMPENSATION FOR THE GOVERNMENT-CAUSED
DISASTER IN THE KLAMATH BASIN.
(a) IN GENERAL.—The Secretary shall pay com-
pensation to each person of the Klamath Basin for all eco-
nomic harm suffered by such person as a result of the
implementation of the Klamath Reclamation Project 2001
Annual Operations Plan, which was issued by the Bureau
of Reclamation on April 6, 2001.
(b) AMOUNT OF COMPENSATION.—The amount of
compensation paid by the Secretary under subsection (a)
shall be sufficient to place each person of the Klamath
Basin in the economic position in which such person would
have been had the Secretary delivered water from the
Klamath Reclamation Project without regard to the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(c) OFFSET
FOR
MULTIPLE
PAYMENTS.—The
amount of any compensation that would, in the absence
of this subsection, be paid to a person of the Klamath
Basin under this section shall be reduced by any amounts
received by such person pursuant to any other Federal law
for compensation of economic harm suffered by such per-
son as a result of the implementation of the Klamath Rec-
lamation Project 2001 Annual Operations Plan.
(d) PERSON OF THE KLAMATH BASIN DEFINED.—
For purposes of this section, the term ‘‘person of the
Klamath Basin’’ means any individual who lives, works,
or owns real property in the area served by the Klamath
Reclamation Project, and any municipality or political
subdivision of a State that has jurisdiction over all or part
of the area served by the Klamath Reclamation Project,
and is not limited to persons who were denied delivery of
water as a result of the implementation of the Klamath
Reclamation Project 2001 Annual Operations Plan.
SEC. 4. BUDGET ACT COMPLIANCE.
Any spending authority provided under this Act shall
be effective only to the extent provided in advance in ap-
propriation Acts.
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