Klamath Basin Emergency Operation and Maintenance Refund Act of 2001
PL 107-349 (H.R.2828), enacted 12/17/2002

PUBLIC LAW 107-349—DEC. 17, 2002 
116 STAT. 2973 
Public Law 107-349 
107th Congress 
An Act 
To authorize payments to certain Klamath Project water distribution entities for 
amounts assessed by the entities for operation and maintenance of the Project's 
transferred works for 2001, to authorize refunds to such entities of amounts 
collected by the Biu-eau of Reclamation for reserved works for 2001, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Klamath Basin Emergency Oper-
ation and Maintenance Refund Act of 2002". 
SEC. 2. QUALIFIED KLAMATH PROJECT ENTITY DEFINED. 
In this Act, the term "quahfied Klamath Project entity" means 
an entity that— 
(1) has executed a water supply contract with the United 
States for water from the Upper Klamath Lake and the 
Klamath River of the Klamath Project pursuant to the reclama-
tion laws, including the Act of June 17, 1902 (32 Stat. 388), 
and Acts amendatory thereof or supplementary thereto; 
(2) distributes water received under the contract; 
(3) received a severely limited irrigation supply from the 
Upper Klamath Lake and the Klamath River based on the 
Bureau of Reclamation 2001 annual operations plan dated April 
6, 2001; and 
(4) was not reimbursed for its operation and maintenance 
expenses for 2001 pursuant to State law. 
SEC. 3. REFUND AND WAIVER OF ASSESSMENTS AND CHARGES FOR 
OPERATION AND MAINTENANCE OF KLAMATH RECLAMA-
TION PROJECT. 
(a) IN GENERAL.—The Secretary of the Interior is authorized 
to pay to each qualified Klamath Project entity an amount equal 
to the amount assessed or charged to members of the qualified 
Klamath Project entity, or to other persons receiving water or 
drainage service from such an entity, for operation and maintenance 
of Klamath Project transferred and reserved works for 2001. 
(b) CONDITIONS.—Payment under this section may be made 
to a qualified Klamath Project entity only after the entity has— 
(1) provided to the Secretary documentation satisfactory 
to the Bureau of Reclamation, demonstrating the total amount 
assessed or charged to members of the entity or to persons 
receiving service from the entity; and 
(2) executed a binding agreement under which the funds 
paid to the entity under this section shall be distributed to 
Dec. 17, 2002 
[H.R. 2828] 
Klamath Basin 
Emergency 
Operation and 
Maintenance 
Refund Act of 
2002. 
99-194O-03-18:QL3Part4 
116 STAT. 2974 
PUBLIC LAW 107-349—DEC. 17, 2002 
each member of the entity or persons receiving service from 
the entity in an amount equal to the amount collected by 
the entity from the member or person for operation and mainte-
nance for 2001. 
(c) WAIVER OF REMAINING AND ADDITIONAL CHARGES.—The Sec-
retary may waive any requirement that a qualified Klamath Project 
entity pay remaining or additional charges for operation and 
maintenance of Klamath Project reserved works for 2001. 
(d) PAYMENTS AND WAIVERS FOR INDIVIDUALS.—The Secretary— 
(1) may pay, to any individual within the Klamath Project 
who holds a contract entered into pursuant to the Act of Feb-
ruary 21, 1911 (36 Stat. 925; 43 U.S.C. 523-525), popularly 
known as the "Warren Act", and who is not within a district 
that receives a payment pursuant to subsection (a) and a waiver 
under subsection (c), an amount equal to the amount collected 
from such individual for operation and maintenance of Klamath 
Project reserved works for 2001; and 
(2) may forego collection from such individual of charges 
for operation and maintenance of such works for the remainder 
of 2001. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
Amounts not paid by a qualified Klamath Project entity to 
the Bureau of Reclamation for the operation and maintenance of 
the reserved works for 2001 shall be funded from the appropriations 
authorized by this Act. Costs incurred by the Bureau of Reclamation 
in carrying out this Act shall not be reimbursable. 
SEC. 5. NO SUPPLEMENTAL OR ADDITIONAL BENEFIT. 
Activities under this Act or funded pursuant to this Act shall 
not be considered a supplemental or additional benefit under the 
Act of June 17, 1902 (82 Stat. 388), and all Acts amendatory 
thereof or supplementary thereto. 
Approved December 17, 2002. 
LEGISLATIVE HISTORY—H.R. 2828: 
HOUSE REPORTS: No. 107-284 (Comm. on Resources). 
SENATE REPORTS: No. 107-289 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): Nov. 13, considered and passed House. 
Vol. 148 (2002): Nov. 19, considered and passed Senate.