[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 482 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 482
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.
_______________________________________________________________________
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
_______________________________________________________________________
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.
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 Power and Facilities
Agreement Support Act''.
SEC. 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.
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