Klamath Power and Facilities Agreement Support Act

II Calendar No. 577 118TH CONGRESS 2D 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 Nat- ural 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 482 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Klamath Power and 2 Facilities Agreement Support Act’’. 3 SEC. 2. KLAMATH PROJECT WATER AND POWER. 4 (a) ADDRESSING WATER, POWER, AND FACILITIES 5 MANAGEMENT FOR IRRIGATION.—Section 4 of the Klam- 6 ath Basin Water Supply Enhancement Act of 2000 (Pub- 7 lic Law 106–498; 114 Stat. 2221; 132 Stat. 3886; 134 8 Stat. 976) is amended— 9 (1) in subsection (b), by striking paragraph (1) 10 and inserting the following: 11 ‘‘(1) IN GENERAL.—Subject to appropriations 12 and required environmental reviews, the Secretary is 13 authorized to carry out activities, including entering 14 into a contract or making financial assistance avail- 15 able through cooperative agreements or other meth- 16 ods, to plan, implement, and administer programs, 17 including conservation and efficiency measures, land 18 idling, and use of groundwater, to align water sup- 19 plies and demand for irrigation water users associ- 20 ated with the Klamath Project, with a primary em- 21 phasis on programs developed or endorsed by local 22 entities comprised of representatives of those water 23 users.’’; 24 (2) in subsection (c), by adding at the end the 25 following: 26 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 482 RS ‘‘(2) IMPLEMENTATION.— 1 ‘‘(A) IN GENERAL.—Beginning not later 2 than 180 days after the date of enactment of 3 the Klamath Power and Facilities Agreement 4 Support Act, the Secretary shall, through 1 or 5 more cooperative agreements, financial assist- 6 ance agreements, or other methods, implement, 7 or support the implementation of, the rec- 8 ommendations identified in the report described 9 in paragraph (1) that the Secretary determines 10 would lead to bringing the net delivered power 11 cost for covered power use to an amount that 12 is the same as, or less than, the power cost 13 benchmark, subject to the availability of appro- 14 priations, on the fastest timeline practicable, 15 with respect to near- and long-term actions. 16 ‘‘(B) REQUIREMENT.—The implementation 17 of recommendations under subparagraph (A) 18 shall be carried out in accordance with— 19 ‘‘(i) the report submitted under para- 20 graph (1); and 21 ‘‘(ii) any reports submitted under 22 paragraph (3). 23 ‘‘(3) ADDITIONAL REPORTS.—Not later than 24 April 30, 2025, and every 5 years thereafter, the 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 482 RS Secretary shall submit to each committee described 1 in the matter preceding subparagraph (A) of para- 2 graph (1) a report that describes— 3 ‘‘(A) any progress toward meeting the re- 4 quirements of this subsection; and 5 ‘‘(B) any modifications or updates to the 6 actions recommended under paragraph 7 (1)(B).’’; and 8 (3) by adding at the end the following: 9 ‘‘(d) RESTORATION ACTIVITIES.—The Secretary 10 may— 11 ‘‘(1) plan, design, construct, operate, and main- 12 tain projects in the Klamath Basin watershed, in- 13 cluding— 14 ‘‘(A) facilities to reduce fish entrainment; 15 ‘‘(B) projects that reduce or avoid impacts 16 on aquatic resources of facilities involved in the 17 storage or diversion of water for irrigation in 18 the Klamath Project service area; and 19 ‘‘(C) projects that restore habitats in the 20 Klamath Basin watershed, including Tribal 21 fishery resources held in trust; 22 ‘‘(2) undertake studies, including feasibility 23 studies, and improvements that the Secretary deter- 24 mines to be necessary to implement this subsection; 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 482 RS ‘‘(3) in implementing this subsection, enter into 1 contracts, memoranda of understanding, financial 2 assistance agreements, cost-sharing agreements, or 3 other appropriate agreements with— 4 ‘‘(A) State, Tribal, and local governmental 5 agencies; and 6 ‘‘(B) private parties; and 7 ‘‘(4) accept and expend non-Federal funds in 8 order to facilitate implementation of this subsection. 9 ‘‘(e) GOALS.—The goals of activities under sub- 10 sections (b) and (d) shall include, as applicable— 11 ‘‘(1) the short-term and long-term reduction 12 and resolution of conflicts relating to water in the 13 Klamath Basin watershed; and 14 ‘‘(2) compatibility and utility for protecting nat- 15 ural resources throughout the Klamath Basin water- 16 shed, including the protection, preservation, and res- 17 toration of Klamath River Tribal fishery resources, 18 particularly through collaboratively developed agree- 19 ments. 20 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 21 into 1 or more agreements with the Tulelake Irrigation 22 District to reimburse the Tulelake Irrigation District for 23 not more than 69 percent of the cost incurred by the 24 Tulelake Irrigation District for the operation and mainte- 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 482 RS nance of Pumping Plant D, subject to the condition that 1 the cost results in benefits to the United States. 2 ‘‘(g) KENO AND LINK RIVER DAMS.—The Secretary 3 shall comply with the terms of the agreement entitled 4 ‘2016 Klamath Power and Facilities Agreement’, includ- 5 ing Attachment A to the agreement. 6 ‘‘(h) REPLACEMENT OF C CANAL FLUME.— 7 ‘‘(1) IN GENERAL.—The replacement of the C 8 Canal flume within the Klamath Project shall be 9 considered to be, and shall receive the treatment au- 10 thorized for, qualified emergency extraordinary oper- 11 ation and maintenance work in accordance with Fed- 12 eral reclamation law (the Act of June 17, 1902 (32 13 Stat. 388, chapter 1093), and Acts supplemental to 14 and amendatory of that Act (43 U.S.C. 371 et 15 seq.)). 16 ‘‘(2) CONTRACT.— 17 ‘‘(A) IN GENERAL.—Not later than 180 18 days after the date of receipt of a request from 19 the Klamath Irrigation District to enter into a 20 contract with the Klamath Irrigation District to 21 amend the contract numbered 16–WC–20– 22 4838, the Secretary shall enter into a contract 23 with the Klamath Irrigation District providing 24 that— 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 482 RS ‘‘(i) 35 percent of the total repayment 1 obligation under the contract entered into 2 under this subparagraph is nonreimburs- 3 able to the United States; and 4 ‘‘(ii) 65 percent of the total repay- 5 ment obligation under the contract entered 6 into under this subparagraph shall be re- 7 paid to the United States over a period of 8 50 years. 9 ‘‘(B) INCLUSION.—Although the Secretary 10 shall not condition the agreement to the con- 11 tract entered into under subparagraph (A) on 12 any other term, the contract may include other 13 terms that are not less favorable to the con- 14 tractor than contract numbered 16–WC–20– 15 4838.’’. 16 (b) ADMINISTRATION; EFFECT.— 17 (1) COMPLIANCE.—In implementing the amend- 18 ments made by this section, the Secretary of the In- 19 terior shall comply with— 20 (A) the National Environmental Policy Act 21 of 1969 (42 U.S.C. 4321 et seq.); 22 (B) the Endangered Species Act of 1973 23 (16 U.S.C. 1531 et seq.); and 24 (C) all other applicable laws. 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 482 RS (2) EFFECT.—None of the amendments made 1 by this section— 2 (A) modify any authority or obligation of 3 the United States with respect to any Tribal 4 trust or treaty obligation of the United States; 5 (B)(i) create or determine any water right; 6 or 7 (ii) affect any water right or water right 8 claim in existence on the date of enactment of 9 this Act; or 10 (C) authorize the use of Federal funds for 11 the physical deconstruction of the Iron Gate, 12 Copco 1, Copco 2, or John C. Boyle Dam lo- 13 cated on the Klamath River in the States of 14 California and Oregon. 15 SECTION 1. SHORT TITLE. 16 This Act may be cited as the ‘‘Klamath Power and 17 Facilities Agreement Support Act’’. 18 SEC. 2. KLAMATH PROJECT WATER AND POWER. 19 (a) ADDRESSING WATER, POWER, AND FACILITIES 20 MANAGEMENT FOR IRRIGATION.—Section 4 of the Klamath 21 Basin Water Supply Enhancement Act of 2000 (Public 22 Law 106–498; 114 Stat. 2221; 132 Stat. 3886) is amend- 23 ed— 24 (1) in subsection (a)— 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 482 RS (A) by redesignating paragraphs (1), (2), 1 and (3) as paragraphs (3), (4), and (6), respec- 2 tively; 3 (B) by inserting before paragraph (3) (as so 4 redesignated) the following: 5 ‘‘(1) AGREEMENT.—The term ‘Agreement’ means 6 the agreement entitled ‘2016 Klamath Power and Fa- 7 cilities Agreement’ and dated April 6, 2016. 8 ‘‘(2) COVERED CONTRACTOR.—The term ‘covered 9 contractor’ means— 10 ‘‘(A) each Klamath Project Water User; and 11 ‘‘(B) each landowner who is a Klamath 12 Project contractor and receives water through 13 transferred works of the Klamath Project that 14 are operated by a Klamath Project Water User.’’; 15 and 16 (C) by inserting after paragraph (4) (as so 17 redesignated) the following: 18 ‘‘(5) KLAMATH PROJECT WATER USER.—The 19 term ‘Klamath Project Water User’ means a Klamath 20 Project contractor who is a party to the Agreement.’’; 21 and 22 (2) by adding at the end the following: 23 ‘‘(d) RESTORATION ACTIVITIES.— 24 ‘‘(1) IN GENERAL.—The Secretary may— 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 482 RS ‘‘(A) plan, design, construct, operate, and 1 maintain projects in the Klamath Basin water- 2 shed, including— 3 ‘‘(i) facilities to reduce fish entrain- 4 ment; 5 ‘‘(ii) projects that reduce or avoid im- 6 pacts on aquatic resources of facilities in- 7 volved in the storage or diversion of water 8 for irrigation in the Klamath Project serv- 9 ice area; and 10 ‘‘(iii) projects that restore habitats in 11 the Klamath Basin watershed, including 12 Tribal fishery resources held in trust; 13 ‘‘(B) undertake studies, including feasibility 14 studies, and improvements that the Secretary de- 15 termines to be necessary to implement this sub- 16 section; 17 ‘‘(C) in implementing this subsection, enter 18 into contracts, memoranda of understanding, fi- 19 nancial assistance agreements, cost-sharing 20 agreements, or other appropriate agreements 21 with— 22 ‘‘(i) State, Tribal, and local govern- 23 mental agencies; and 24 ‘‘(ii) private parties; and 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 482 RS ‘‘(D) accept and expend non-Federal funds 1 in order to facilitate implementation of this sub- 2 section. 3 ‘‘(2) COSTS.—A covered contractor shall not bear 4 any costs associated with any evaluation, design, con- 5 struction, replacement, addition, or extraordinary 6 maintenance activities carried out under paragraph 7 (1). 8 ‘‘(e) PUMPING PLANT D.—The Secretary may enter 9 into 1 or more agreements with the Tulelake Irrigation Dis- 10 trict to reimburse the Tulelake Irrigation District for not 11 more than 69 percent of the cost incurred by the Tulelake 12 Irrigation District for the operation and maintenance of 13 Pumping Plant D, subject to the condition that the cost re- 14 sults in public benefits to the United States. 15 ‘‘(f) LINK RIVER DAM AND KENO FACILITY.— 16 ‘‘(1) LINK RIVER DAM.— 17 ‘‘(A) OPERATION.—Subject to applicable 18 law, the Secretary shall operate Link River Dam 19 to provide water for— 20 ‘‘(i) diversion for the Klamath Project; 21 and 22 ‘‘(ii) consistent with existing contracts 23 between covered contractors and the Sec- 24 retary, flood control. 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 482 RS ‘‘(B) RESPONSIBILITY FOR COSTS.— 1 ‘‘(i) IN GENERAL.—Notwithstanding 2 any existing contracts and except as pro- 3 vided in clause (ii), covered contractors 4 shall not be responsible for any cost associ- 5 ated with Link River Dam or any related 6 land, facilities, dikes, or levees around 7 Upper Klamath Lake, including costs of 8 construction, extraordinary operation and 9 maintenance, rehabilitation, betterment, 10 and liabilities. 11 ‘‘(ii) ROUTINE OPERATIONS AND MAIN- 12 TENANCE WORK.— 13 ‘‘(I) IN GENERAL.—Covered con- 14 tractors shall be responsible for the ap- 15 propriate share of routine operations 16 and maintenance work associated with 17 Link River Dam in accordance with 18 the reclamation laws. 19 ‘‘(II) ALLOCATION TO FISH AND 20 WILDLIFE BENEFITS.—The Secretary 21 may allocate a proportionate share of 22 the costs under subclause (I) to fish 23 and wildlife benefits. 24 ‘‘(2) KENO FACILITY.— 25 VerDate Sep 11 2014 05:18 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S482.RS S482 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 482 RS ‘‘(A) IN GENERAL.—The Secretary shall op- 1 erate the Keno Facility to maintain water levels 2 upstream of Keno Dam to provide for diversion, 3 canal maintenance, a [Text truncated for display. 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