II Calendar No. 577 118th CONGRESS 2d Session S. 482 IN THE SENATE OF THE UNITED STATES February 16, 2023 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024 Reported by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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.

1. Short title This Act may be cited as the Klamath Power and Facilities Agreement Support Act . 2. Klamath project water and power (a) Addressing water, power, and facilities management for irrigation Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221; 132 Stat. 3886; 134 Stat. 976) is amended— (1) in subsection (b), by striking paragraph (1) and inserting the following: (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 available through cooperative agreements or other methods, to plan, implement, and administer programs, including conservation and efficiency measures, land idling, and use of groundwater, to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised 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 assistance agreements, or other methods, implement, or support the implementation of, the recommendations 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 appropriations, 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 paragraph (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 paragraph (1) a report that describes— (A) any progress toward meeting the requirements of this subsection; and (B) any modifications or updates to the actions recommended under paragraph (1)(B). ; and (3) by adding at the end the following: (d) Restoration Activities The Secretary may— (1) plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including— (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 determines 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 (4) accept and expend non-Federal funds in order to facilitate implementation of this subsection. (e) Goals The goals of activities under subsections (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 natural resources throughout the Klamath Basin watershed, including the protection, preservation, and restoration of Klamath River Tribal fishery resources, particularly through collaboratively developed agreements. (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 maintenance of Pumping Plant D, subject to the condition that the cost results in benefits to the United States. (g) Keno and Link river dams The Secretary shall comply with the terms of the agreement entitled 2016 Klamath Power and Facilities Agreement , including Attachment A to the agreement. (h) Replacement of C Canal flume (1) In general The replacement of the C Canal flume within the Klamath Project shall be considered to be, and shall receive the treatment authorized for, qualified emergency extraordinary operation and maintenance work in accordance 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. )). (2) Contract (A) In general Not later than 180 days after the date of receipt of a request from the Klamath Irrigation District to enter into a contract with the Klamath Irrigation District to amend the contract numbered 16–WC–20–4838, the Secretary shall enter into a contract with the Klamath Irrigation District providing that— (i) 35 percent of the total repayment obligation under the contract entered into under this subparagraph is nonreimbursable to the United States; and (ii) 65 percent of the total repayment obligation under the contract entered into under this subparagraph shall be repaid to the United States over a period of 50 years. (B) Inclusion Although the Secretary shall not condition the agreement to the contract entered into under subparagraph (A) on any other term, the contract may include other terms that are not less favorable to the contractor than contract numbered 16–WC–20–4838. . (b) Administration; effect (1) Compliance In implementing the amendments made by this section, the Secretary of the Interior shall comply with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) all other applicable laws. (2) Effect None of the amendments made by this section— (A) modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States; (B) (i) create or determine any water right; or (ii) affect any water right or water right claim in existence on the date of enactment of this Act; or (C) authorize the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. Boyle Dam located on the Klamath River in the States of California and Oregon.

1. Short title This Act may be cited as the Klamath Power and Facilities Agreement Support Act . 2. Klamath project water and power (a) Addressing water, power, and facilities management for irrigation Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 ; 114 Stat. 2221; 132 Stat. 3886) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (6), respectively; (B) by inserting before paragraph (3) (as so redesignated) the following: (1) Agreement The term Agreement means the agreement entitled 2016 Klamath Power and Facilities Agreement and dated April 6, 2016. (2) Covered contractor The term covered contractor means— (A) each Klamath Project Water User; and (B) each landowner who is a Klamath Project contractor and receives water through transferred works of the Klamath Project that are operated by a Klamath Project Water User. ; and (C) by inserting after paragraph (4) (as so redesignated) the following: (5) Klamath Project Water User The term Klamath Project Water User means a Klamath Project contractor who is a party to the Agreement. ; and (2) by adding at the end the following: (d) Restoration Activities (1) In general The Secretary may— (A) plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including— (i) facilities to reduce fish entrainment; (ii) 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 (iii) projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust; (B) undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection; (C) in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with— (i) State, Tribal, and local governmental agencies; and (ii) private parties; and (D) accept and expend non-Federal funds in order to facilitate implementation of this subsection. (2) Costs A covered contractor shall not bear any costs associated with any evaluation, design, construction, replacement, addition, or extraordinary maintenance activities carried out under paragraph (1). (e) 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 maintenance of Pumping Plant D, subject to the condition that the cost results in public benefits to the United States. (f) Link River Dam and Keno Facility (1) Link River Dam (A) Operation Subject to applicable law, the Secretary shall operate Link River Dam to provide water for— (i) diversion for the Klamath Project; and (ii) consistent with existing contracts between covered contractors and the Secretary, flood control. (B) Responsibility for costs (i) In general Notwithstanding any existing contracts and except as provided in clause (ii), covered contractors shall not be responsible for any cost associated with Link River Dam or any related land, facilities, dikes, or levees around Upper Klamath Lake, including costs of construction, extraordinary operation and maintenance, rehabilitation, betterment, and liabilities. (ii) Routine operations and maintenance work (I) In general Covered contractors shall be responsible for the appropriate share of routine operations and maintenance work associated with Link River Dam in accordance with the reclamation laws. (II) Allocation to fish and wildlife benefits The Secretary may allocate a proportionate share of the costs under subclause (I) to fish and wildlife benefits. (2) Keno facility (A) In general The Secretary shall operate the Keno Facility to maintain water levels upstream of Keno Dam to provide for diversion, canal maintenance, and flood control— (i) consistent with— (I) the contract between the Secretary and PacifiCorp numbered 14–06–200–3579A and executed January 4, 1968; and (II) historic practice; and (ii) subject to applicable law. (B) Costs A covered contractor shall not be responsible for any cost associated with the Keno Facility, including any responsibilities to landowners upstream of Keno Dam, including costs of construction, operations, maintenance, rehabilitation, betterment, liabilities, and any other costs. (3) Subsequent transfer or assignment of responsibility If the Secretary subsequently transfers or assigns responsibility for the operation of Link River Dam or the Keno Dam or Keno Facility to any other person or entity, the assignment or transfer shall include assignment of the obligations and conditions under paragraphs (1) and (2). . (b) Administration; effect (1) Compliance In implementing the amendments made by this section, the Secretary of the Interior shall comply with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) all other applicable laws. (2) Effect None of the amendments made by this section— (A) modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States; (B) (i) create or determine any water right; or (ii) affect any water right or water right claim in existence on the date of enactment of this Act; or (C) authorize the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, or John C. Boyle Dam located on the Klamath River in the States of California and Oregon.

November 21, 2024 Reported with an amendment