(2) NON-FEDERAL FUNDS.— 
(A) IN
GENERAL.—Notwithstanding title 
31, United States Code, if the Department is 
designated as the Dam Removal Entity, the 
Secretary may accept, expend without further 
appropriation, and manage non-Federal funds 
for the purpose of facilities removal in accord-
ance with sections 4 and 7 of the Hydroelectric 
Settlement. 
(B) REFUND.—The Secretary is author-
ized to administer and refund any funds de-
scribed in subparagraph (A) received from the 
State of California in accordance with the re-
quirements established by the State. 
(3) AGREEMENTS.—The Dam Removal Entity 
may enter into agreements and contracts as nec-
essary to assist in the implementation of the Hydro-
electric Settlement. 
(4) FACILITIES REMOVAL.— 
(A) IN GENERAL.—The Dam Removal En-
tity shall, consistent with the Hydroelectric Set-
tlement— 
(i) develop a definite plan for facilities 
removal, including a schedule for facilities 
removal; 
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(ii) obtain all permits, authorizations, 
entitlements, certifications, and other ap-
provals necessary to implement facilities 
removal, including a permit under section 
404 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344); and 
(iii) implement facilities removal. 
(B) STATE AND LOCAL LAWS.—Facilities 
removal shall be subject to applicable require-
ments of State and local laws respecting per-
mits and other authorizations, to the extent the 
requirements are not in conflict with Federal 
law, including the Secretarial determination and 
the detailed plan (including the schedule) for 
facilities removal authorized under this Act. 
(C) 
LIMITATIONS.—Subparagraph 
(B) 
shall not affect— 
(i) the authorities of the States re-
garding concurrence with the Secretarial 
determination in accordance with State 
law; or 
(ii) the authority of a State public 
utility commission regarding funding of fa-
cilities removal. 
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(D) ACCEPTANCE
OF
TITLE
TO
FACILI-
TIES.—The Dam Removal Entity is authorized 
to accept from PacifiCorp all rights, titles, per-
mits, and other interests in the facilities and as-
sociated land, for facilities removal and for dis-
position of facility land (as provided in section 
7.6.4 of the Hydroelectric Settlement) upon the 
Dam Removal Entity providing notice that the 
Dam Removal Entity is ready to commence fa-
cilities removal in accordance with section 7.4.1 
of the Hydroelectric Settlement. 
(E) CONTINUED POWER GENERATION.— 
(i) IN GENERAL.—In accordance with 
an agreement negotiated under clause (ii), 
on transfer of title pursuant to subpara-
graph (D) and until the Dam Removal En-
tity instructs PacifiCorp to cease the gen-
eration of power, PacifiCorp may, con-
sistent with State law— 
(I) continue generating and re-
taining title to any power generated 
by the facilities in accordance with 
section 7 of the Hydroelectric Settle-
ment; and 
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(II) continue to transmit and use 
the power for the benefit of the cus-
tomers of PacifiCorp under the juris-
diction of applicable State public util-
ity commissions and the Commission. 
(ii) AGREEMENT WITH DAM REMOVAL 
ENTITY.—Before transfer of title pursuant 
to subparagraph (D), the Dam Removal 
Entity shall enter into an agreement with 
PacifiCorp that provides for continued gen-
eration of power in accordance with clause 
(i). 
(b) JURISDICTION.—The United States district 
courts shall have original jurisdiction over all claims re-
garding the consistency of State and local laws regarding 
permits and other authorizations, and of State and local 
actions pursuant to those laws, with the Secretarial deter-
mination and the detailed plan (including the schedule) 
for facilities removal authorized under this title. 
(c) NO PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—Nothing in this title confers 
on any person or entity not a party to the Hydro-
electric Settlement a private right of action or claim 
for relief to interpret or enforce this title or the Hy-
droelectric Settlement. 
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(2) OTHER
LAW.—This subsection does not 
alter or curtail any right of action or claim for relief 
under any other applicable law. 
SEC. 204. TRANSFER OF KENO DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall accept the 
transfer of title in the Keno Development to the United 
States in accordance with section 7.5 of the Hydroelectric 
Settlement. 
(b) EFFECT OF TRANSFER.—On the transfer and 
without further action by Congress— 
(1) the Keno Development shall— 
(A) become part of the Klamath Reclama-
tion Project; and 
(B) be operated and maintained in accord-
ance with Federal reclamation law (the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093)), 
and Acts supplemental to and amendatory of 
that Act (43 U.S.C. 371 et seq.) and this Act; 
and 
(2) Commission jurisdiction over the Keno De-
velopment shall terminate. 
SEC. 205. LIABILITY PROTECTION. 
(a) PACIFICORP.—Notwithstanding any other Fed-
eral, State, local, or other law (including common law), 
PacifiCorp shall not be liable for any harm to persons, 
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property, or the environment, or damages resulting from 
either facilities removal or facility operation, arising from, 
relating to, or triggered by actions associated with facili-
ties removal, including but not limited to any damage 
caused by the release of any material or substance, includ-
ing but not limited to hazardous substances. 
(b) FUNDING.—Notwithstanding any other Federal, 
State, local, or other law, no person or entity contributing 
funds for facilities removal pursuant to the Hydroelectric 
Settlement shall be held liable, solely by virtue of that 
funding, for any harm to persons, property, or the envi-
ronment, or damages arising from either facilities removal 
or facility operation, arising from, relating to, or triggered 
by actions associated with facilities removal, including any 
damage caused by the release of any material or sub-
stance, including hazardous substances. 
(c) PREEMPTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), notwithstanding section 10(c) of the Fed-
eral Power Act (16 U.S.C. 803(c)), protection from 
liability under this section preempts the laws of any 
State to the extent the laws are inconsistent with 
this title. 
(2) OTHER
PROVISIONS
OF
LAW.—This title 
does not limit any otherwise available immunity, 
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privilege, or defense under any other provision of 
law. 
(d) APPLICATION.—Liability protection under this 
section shall apply to any particular facility beginning on 
the date of transfer of title to that facility from PacifiCorp 
to the Dam Removal Entity. 
SEC. 206. LICENSES. 
(a) ANNUAL LICENSES.— 
(1) IN GENERAL.—The Commission shall issue 
annual licenses authorizing PacifiCorp to continue to 
operate the facilities until PacifiCorp transfers title 
to all of the facilities. 
(2) TERMINATION.—The annual licenses shall 
terminate with respect to a facility on transfer of 
title for such facility from PacifiCorp to the Dam 
Removal Entity. 
(3) STAGED REMOVAL.— 
(A) IN GENERAL.—On transfer of title of 
any facility by PacifiCorp to the Dam Removal 
Entity, annual license conditions shall no longer 
be in effect with respect to such facility. 
(B) NONTRANSFER OF TITLE.—Annual li-
cense conditions shall remain in effect with re-
spect to any facility for which PacifiCorp has 
not transferred title to the Dam Removal Enti-
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ty to the extent compliance with the annual li-
cense conditions are not prevented by the re-
moval of any other facility. 
(b) JURISDICTION.—The jurisdiction of the Commis-
sion under part I of the Federal Power Act (16 U.S.C. 
791a et seq.) shall terminate with respect to a facility on 
the transfer of title for the facility from PacifiCorp to the 
Dam Removal Entity. 
(c) RELICENSING.— 
(1) IN GENERAL.—The Commission shall— 
(A) stay the proceeding of the Commission 
on the pending license application of PacifiCorp 
for Project No. 2082 as long as the Hydro-
electric Settlement remains in effect; and 
(B) resume the proceeding and proceed to 
take final action on the new license application 
only if the Hydroelectric Settlement terminates 
pursuant to section 8.11 of the Hydroelectric 
Settlement. 
(2) TERMINATION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), if the Hydroelectric Settlement is 
terminated, the Secretarial determination under 
section 202(a) and findings of fact contained in 
the Secretarial determination shall not be ad-
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missible or otherwise relied on in the pro-
ceedings of the Commission on the new license 
application. 
(B) LIMITATIONS.—If the Hydroelectric 
Settlement is terminated, the Commission, in 
proceedings on the new license application, shall 
not be bound by the record, findings, or deter-
mination of the Secretary under this section. 
(d) EAST SIDE AND WEST SIDE DEVELOPMENTS.— 
On filing by PacifiCorp of an application for surrender 
of the East Side and West Side Developments in Project 
No. 2082, the Commission shall issue an order approving 
partial surrender of the license for Project No. 2082, in-
cluding any reasonable and appropriate conditions, as pro-
vided in section 6.4.1 of the Hydroelectric Settlement. 
(e) FALL CREEK.—Notwithstanding subsection (b), 
not later than 60 days after the date of the transfer of 
the Iron Gate Facility to the Dam Removal Entity, the 
Commission shall resume timely consideration of the pend-
ing licensing application for the Fall Creek development 
pursuant to the Federal Power Act (16 U.S.C. 791a et 
seq.), regardless of whether PacifiCorp retains ownership 
of Fall Creek or transfers ownership to a new licensee. 
(f) IRON GATE HATCHERY.—Notwithstanding sec-
tion 8 of the Federal Power Act (16 U.S.C. 801), the 
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PacifiCorp Hatchery Facilities within the State of Cali-
fornia shall be transferred to the State of California at 
the time of transfer to the dam removal entity of the Iron 
Gate Hydro Development or such other time agreed by 
the Parties to the Hydroelectric Settlement. 
(g) TRANSFERS
OF FACILITIES.—Notwithstanding 
section 8 of the Federal Power Act (16 U.S.C. 801), the 
transfer of PacifiCorp facilities to a non-Federal dam re-
moval entity consistent with the Hydroelectric Settlement 
and this title is authorized. 
SEC. 207. MISCELLANEOUS. 
(a) WATER RIGHTS.—Except as specifically provided 
in this title and the Hydroelectric Settlement, nothing in 
this title or the Hydroelectric Settlement shall create or 
determine water rights or affect water rights or water 
right claims in existence on the date of enactment of this 
Act. 
(b) TRIBAL RIGHTS.—Nothing in this title affect the 
rights of any Indian tribe secured by treaty, Executive 
order, or other law of the United States. 
(c) RELATIONSHIP TO OTHER FEDERAL LAWS.— 
Nothing in this title amends, supersedes, modifies or oth-
erwise affects— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
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(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); or 
(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), except to the extent sec-
tion 203 of this Act requires a permit under section 
404 of that Act (33 U.S.C. 1344) notwithstanding 
section 404(r) of that Act (33 U.S.C. 1344(r)). 
Æ 
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