,,ii #aacth ,,congress #b;d ,session ,s4 #bcgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ba1 #bjad ,mr4 ,wyden 7for himself1 ,mr4 ,merkley1 ,mrs4 ,feinstein1 and ,mrs4 ,boxer7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to approve and implement the ,klamath ,basin agreements1 to improve natural resource management1 support economic development1 and sustain agricultural production in the ,klamath ,river ,basin in the public interest and the interest of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,klamath ,basin ,water ,recovery and ,economic ,restoration ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,agreement ,the term ,agreement means each of-- 7,a7 the ,restoration ,agreement2 and 7,b7 the ,upper ,basin ,agreement4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,facilities removal ,the term facilities removal means-- 7,a7 physical removal of all or part of each facility to achieve1 at a minimum1 a free-flowing condition and volitional fish passage2 7,b7 site remediation and restoration1 including restoration of previously inundated land2 7,c7 measures to avoid or minimize adverse downstream impacts2 and 7,d7 all associated permitting for the actions described in this paragraph4 7#d7 ,facility ,the term facility means the following #a or more hydropower facilities 7including appurtenant works licensed to ,pacifi,corp7 within the jurisdictional boundary of the ,klamath ,hydroelectric ,project1 ,,ferc ,project ,no4 #bjhb 7as applicable73 7,a7 ,iron ,gate ,dam4 7,b7 ,copco ,no4 #a ,dam4 7,c7 ,copco ,no4 #b ,dam4 7,d7 ,j4,c4 ,boyle ,dam4 7#e7 ,hydroelectric settlement ,the term ,hydroelectric ,settlement means the agreement entitled ,klamath ,hydroelectric ,settlement ,agreement and dated ,february #ah1 #bjaj 7including any amendments to that agreement approved pursuant to section #c7;a774 7#f7 ,joint management entity ,the term ,joint ,management ,entity means the entity that-- 7,a7 is comprised of the ,landowner ,entity1 the ,klamath ,tribes1 the ,united ,states1 and the ,state of ,oregon2 7,b7 represents the interests of the parties to the ,upper ,basin ,agreement2 and 7,c7 is responsible for overseeing implementation of the ,upper ,basin ,agreement1 as described in section #g of the ,upper ,basin ,agreement4 7#g7 ,joint management entity technical team ,the term ,joint ,management ,entity ,technical ,team means the group of specialists appointed by the ,joint ,management ,entity as provided for in section #g4h of the ,upper ,basin ,agreement4 7#h7 ,keno facility ,the term ,keno ,facility means the dam located in ,klamath ,county1 ,oregon1 land underlying the dam1 appurtenant facilities1 and ,pacifi,corp-owned property described as ,klamath ,county ,map ,tax ,lot ,r-#cijg-jcfjj-jjbjj-jjj4 7#i7 ,klamath basin 7,a7 ,in general ,the term ,klamath ,basin means the land tributary to the ,klamath ,river in ,oregon and ,california4 7,b7 ,inclusions ,the term ,klamath ,basin includes the ,lost ,river and ,tule ,lake ,basins4 7#aj7 ,klamath project 7,a7 ,in general ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon1 as authorized under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7,b7 ,inclusions ,the term ,klamath ,project includes any dams1 canals1 and other works and interests for water diversion1 storage1 delivery1 and drainage1 flood control1 and similar functions that are part of the project described in subparagraph 7,a74 7#aa7 ,klamath project water users ,the term ,klamath ,project ,water ,users has the meaning given the term in the ,restoration ,agreement4 7#ab7 ,landowner entity ,the term ,landowner ,entity means the entity established pursuant to section #h of the ,upper ,basin ,agreement4 7#ac7 ,off-project area ,the term ,off-,project ,area means-- 7,a7 the areas within the ,sprague ,river1 ,sycan ,river1 ,williamson ,river1 and ,wood ,valley 7including the ,wood ,river1 ,crooked ,creek1 ,sevenmile ,creek1 ,fourmile ,creek1 and ,crane ,creek7 subbasins referred to in ,exhibit ,b of the ,upper ,basin ,agreement2 and 7,b7 to the extent provided for in the ,upper ,basin ,agreement1 any other areas for which claims described by section #a4c or #b4e4a of the ,upper ,basin ,agreement are settled as provided for in section #b4e4a of the ,upper ,basin ,agreement4 7#ad7 ,off-project irrigator ,the term ,off-,project ,irrigator means any person that is-- 7,a7 7i7 a claimant for water rights for irrigation uses in the ,off-,project ,area in ,oregon's ,klamath ,basin ,adjudication2 or 7ii7 a holder of a ,state of ,oregon water right permit or certificate for irrigation use in the ,off-,project ,area2 and 7,b7 a ,party to the ,upper ,basin ,agreement4 7#ae7 ,oregon's klamath basin adjudication ,the term ,oregon's ,klamath ,basin adjudication means the proceeding to determine surface water rights pursuant to chapter #eci of the ,oregon ,revised ,statutes entitled ,in the matter of the determination of the relative rights of the waters of the ,klamath ,river1 a tributary of the ,pacific ,ocean1 in the ,circuit ,court of the ,state of ,oregon for the ,county of ,klamath1 numbered ,,wa #acjjjja4 7#af7 ,pacificorp ,the term ,pacifi,corp means the owner and licensee of the facility 7as of the date of enactment of this ,act74 7#ag7 ,party tribes ,the term ,party tribes means-- 7,a7 the ,yurok ,tribe2 7,b7 the ,karuk ,tribe2 7,c7 the ,klamath ,tribes2 and 7,d7 such other federally recognized tribes of the ,klamath ,basin as may become party to the ,restoration ,agreement after the date of enactment of this ,act4 7#ah7 ,restoration agreement ,the term ,restoration ,agreement means the agreement entitled ,klamath ,river ,basin ,restoration ,agreement for the ,sustainability of ,public and ,trust ,resources and ,affected ,communities and dated ,february #ah1 #bjaj 7including amendments adopted prior to the date of enactment of this ,act and any further amendments to that agreement approved pursuant to section #c7;a774 7#ai7 ,riparian program ,the term ,riparian ,program means the program described in section #d of the ,upper ,basin ,agreement4 7#bj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ba7 ,secretaries ,the term ,secretaries means each of-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,secretary of ,commerce2 and 7,c7 the ,secretary of ,agriculture4 7#bb7 ,settlements ,the term ,settlements means each of-- 7,a7 the ,hydroelectric ,settlement2 7,b7 the ,restoration ,agreement2 and 7,c7 the ,upper ,basin ,agreement4 7#bc7 ,upper basin agreement ,the term ,upper ,basin ,agreement means the agreement entitled ,upper ,klamath ,basin ,comprehensive ,agreement and dated ,april #ah1 #bjad 7including any amendments to that agreement approved pursuant to section #c7;a774 7#bd7 ,water use program ,the term ,water ,use ,program means the program described in section #c of the ,upper ,basin ,agreement and section #af4b of the ,restoration ,agreement4 #c4 ,authorization1 execution1 and implementation of settlements 7a7 ,ratification of settlements 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,settlements do not conflict with this ,act1 the ,settlements are authorized1 ratified1 and confirmed4 7#b7 ,amendments consistent with this act ,if any amendment is executed to make any of the ,settlements consistent with this ,act1 the amendment is also authorized1 ratified1 and confirmed to the extent the amendment is consistent with this ,act4 7#c7 ,further amendments ,if any amendment to any of the ,settlements is executed by the parties to the applicable ,settlement after the date of enactment of this ,act1 unless the ,secretary1 the ,secretary of ,commerce1 or ,secretary of ,agriculture determines1 not later than #ij days after the date on which the non-,federal parties agree to the amendment1 that the amendment is inconsistent with this ,act or other provisions of law1 the amendment is also authorized1 ratified1 and confirmed to the extent the amendment-- 7,a7 is not inconsistent with this ,act or other provisions of law2 7,b7 is executed in a manner consistent with the terms of the applicable ,settlement2 and 7,c7 does not require congressional approval pursuant to section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or other applicable ,federal law4 7b7 ,execution and implementation of settlements 7#a7 ,the agreements 7,a7 ,in general ,as authorized1 ratified1 and confirmed pursuant to subsection 7a7-- 7i7 the ,secretary1 the ,secretary of ,commerce1 and the ,secretary of ,agriculture shall promptly execute and implement the ,restoration ,agreement2 and 7ii7 the ,secretary and the ,secretary of ,commerce shall promptly execute and implement the ,upper ,basin ,agreement4 7,b7 ,effect of executing agreements ,notwithstanding subsection 7l71 execution by the applicable ,secretaries under subparagraph 7,a7 of either ,agreement shall not be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,participation in the upper basin agreement ,as provided for in the ,upper ,basin ,agreement and as part of implementing the ,upper ,basin ,agreement1 the ,secretary and the ,secretary of ,commerce may-- 7i7 participate in the ,water ,use ,program and in the ,riparian ,program2 and 7ii7 serve as members of the ,joint ,management ,entity representing the ,bureau of ,indian ,affairs1 the ,united ,states ,fish and ,wildlife ,service1 the ,united ,states ,geological ,survey1 and the ,national ,marine ,fisheries ,service of the ,department of ,commerce1 with the ,secretary serving as the voting member1 as described in section #g4a4e of the ,upper ,basin ,agreement4 7#b7 ,hydroelectric settlement ,to the extent that the ,hydroelectric ,settlement does not conflict with this ,act1 the ,secretary1 the ,secretary of ,commerce1 and the ,commission shall implement the ,hydroelectric ,settlement1 in consultation with other applicable ,federal agencies4 7c7 ,federal responsibilities ,to the extent consistent with the ,settlements1 this ,act1 and other provisions of law1 the ,secretary1 the ,secretary of ,commerce1 the ,secretary of ,agriculture1 and the ,commission shall perform all actions necessary to carry out each responsibility of the ,secretary1 the ,secretary of ,commerce1 the ,secretary of ,agriculture1 and the ,commission1 respectively1 under the ,settlements4 7d7 ,environmental compliance ,in implementing the ,settlements1 the ,secretaries and the ,commission shall comply with-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#c7 all other applicable law4 7e7 ,publication of notice2 effect of publication 7#a7 ,restoration agreement 7,a7 ,publication ,the ,secretary shall publish the notice required by section #ae4c4d4;,a or section #ae4c4d4;,c of the ,restoration ,agreement1 as applicable1 in accordance with the ,restoration ,agreement4 7,b7 ,effect of publication ,publication of the notice described in subparagraph 7,a7 shall have the effects on the commitments1 rights1 and obligations of the ,party tribes1 the ,united ,states 7as trustee for the federally recognized tribes of the ,klamath ,basin71 and other parties to the ,restoration ,agreement as the rights and obligations that are provided for in the ,restoration ,agreement4 7#b7 ,upper basin agreement 7,a7 ,publication ,the ,secretary shall publish the notice required by section #aj4a of the ,upper ,basin ,agreement if all requirements of section #aj of the ,upper ,basin ,agreement have been fulfilled1 including the requirement for notice by the ,klamath ,tribes of the willingness of the ,tribes to proceed with the ,upper ,basin ,agreement following enactment of authorizing legislation as described in section #aj4a4aj or #aj4b of the ,upper ,basin ,agreement1 as applicable1 in accordance with the ,upper ,basin ,agreement4 7,b7 ,effect of publication 7i7 ,permanency ,on publication of the notice required under section #aj4a of the ,upper ,basin ,agreement1 the ,upper ,basin ,agreement shall become permanent4 7ii7 ,termination ,on publication of the notice required under section #aj4b of the ,upper ,basin ,agreement1 the ,upper ,basin ,agreement shall terminate1 according to the terms of that section4 7#c7 ,judicial review 7,a7 ,in general ,judicial review of a decision of the ,secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7,b7 ,deadline ,any petition for review under this subparagraph shall be filed not later than #a year after the date of publication of the notice required under this paragraph4 7f7 ,eligibility for funds protected ,notwithstanding any other provision of law1 nothing in this ,act or the implementation of the ,settlements1 other than as explicitly provided for in this ,act or the ,settlements-- 7#a7 restricts or alters the eligibility of any party to any of the ,settlements1 or of any ,indian tribe1 for the receipt of funds2 or 7#b7 shall be considered an offset against any obligations or funds in existence on the date of enactment of this ,act1 under any ,federal or ,state law4 7g7 ,tribal rights protected ,nothing in this ,act or the ,settlements-- 7#a7 affects the rights of any ,indian tribe outside the ,klamath ,basin2 or 7#b7 amends1 alters1 or limits the authority of the ,indian tribes of the ,klamath ,basin to exercise any water rights the ,indian tribes hold or may be determined to hold except as expressly provided in the ,agreements4 7h7 ,water rights 7#a7 ,in general ,except as specifically provided in this ,act and the ,settlements1 nothing in this ,act or the ,settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this ,act4 7#b7 ,no standard for quantification ,nothing in this ,act or the ,settlements establishes any standard for the quantification of ,federal reserved water rights or any water claims of any ,indian tribe in any judicial or administrative proceeding4 7i7 ,willing sellers ,any acquisition of interests in land or water pursuant to either ,agreement shall be from willing sellers4 7j7 ,no private right of action 7#a7 ,in general ,nothing in this ,act confers on any person or entity not a party to the ,settlements a private right of action or claim for relief to interpret or enforce this ,act or the ,settlements4 7#b7 ,other law ,this subsection does not alter or curtail any right of action or claim for relief under any other applicable law4 7k7 ,state courts ,nothing in this ,act expands the jurisdiction of ,state courts to review ,federal agency actions or determine ,federal rights4 7l7 ,relationship to certain other federal law 7#a7 ,in general ,nothing in this ,act amends1 supersedes1 modifies1 or otherwise affects-- 7,a7 ,public ,law #hh-efg 7#af ,u4,s4,c4 #fiek et seq471 except as provided in section #d7;c72 7,b7 the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq472 7,c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,e7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 except to the extent section #h7;b77#d7 of this ,act requires a permit under section #djd of that ,act 7#cc ,u4,s4,c4 #acdd71 notwithstanding section #djd7r7 of that ,act 7#cc ,u4,s4,c4 #acdd7r772 7,f7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,g7 the ,treaty between the ,united ,states and the ,klamath and ,moadoc ,tribes and the ,yahooskin ,band of ,snake ,indians dated ,october #ad1 #ahfd 7#af ,stat4 #gjg72 or 7,h7 the ,klamath ,indian ,tribe ,restoration ,act 7#be ,u4,s4,c4 #eff et seq474 7#b7 ,consistency ,the ,agreements shall be considered consistent with subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7#c7 ,federal advisory committee act ,the actions of the ,joint ,management ,entity and the ,joint ,management ,entity ,technical ,team shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7m7 ,waiver of sovereign immunity by the ,united ,states ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriations ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this ,act or the implementation of the ,settlements waives the sovereign immunity of the ,united ,states4 7n7 ,waiver of sovereign immunity by the party tribes ,nothing in this ,act waives or abrogates the sovereign immunity of the ,party tribes4 #d4 ,klamath project authorized purposes 7a7 ,klamath project purposes 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7b71 the purposes of the ,klamath ,project include-- 7,a7 irrigation2 7,b7 reclamation2 7,c7 flood control2 7,d7 municipal2 7,e7 industrial2 7,f7 power2 7,g7 fish and wildlife purposes2 and 7,h7 ,national ,wildlife ,refuge purposes4 7#b7 ,effect of fish and wildlife purposes 7,a7 ,in general ,subject to subparagraph 7,b71 the fish and wildlife purposes of the ,klamath ,project authorized under paragraph 7#a7 shall not adversely affect the irrigation purpose of the ,klamath ,project4 7,b7 ,water allocations and delivery ,notwithstanding subparagraph 7,a71 the water allocations and delivery to the ,national ,wildlife ,refuges provided for in the ,restoration ,agreement shall not constitute an adverse effect on the irrigation purpose of the ,klamath ,project for purposes of this paragraph4 7b7 ,water rights adjudication ,for purposes of the determination of water rights in ,oregon's ,klamath ,basin adjudication1 until the date on which the ,appendix ,e-#a to the ,restoration ,agreement is filed in ,oregon's ,klamath ,basin adjudication pursuant to the ,restoration ,agreement1 the purposes of the ,klamath ,project shall be the purposes in effect on the day before the date of enactment of this ,act4 7c7 ,disposition of net revenues from leasing of tule lake and lower klamath national wildlife refuge land ,notwithstanding any other provision of law1 net revenues from the leasing of refuge land within the ,tule ,lake ,national ,wildlife ,refuge and ,lower ,klamath ,national ,wildlife ,refuge under section #d of ,public ,law #hh-efg 7#gh ,stat4 #hea7 7commonly known as the ,kuchel ,act7 shall be provided directly1 without further appropriation1 as follows3 7#a7 #aj percent of net revenues from land within the ,tule ,lake ,national ,wildlife ,refuge that are within the boundaries of ,tulelake ,irrigation ,district to ,tulelake ,irrigation ,district1 as provided in article #d of ,contract ,no4 #ad-jf-bjj-eied and section #b7;a7 of the ,act of ,august #a1 #aief 7#gj ,stat4 #gii1 chapter #hbh74 7#b7 ,such amounts as are necessary to counties as payments in lieu of taxes as provided in section #c of ,public ,law #hh-efg 7#af ,u4,s4,c4 #fiem74 7#c7 #bj percent of net revenues to the ,klamath ,basin ,national ,wildlife ,refuge ,complex of the ,united ,states ,fish and ,wildlife ,service1 for wildlife management purposes on the ,tule ,lake ,national ,wildlife ,refuge and the ,lower ,klamath ,national ,wildlife ,refuge4 7#d7 #aj percent of net revenues from land within the ,lower ,klamath ,national ,wildlife ,refuge that are within the boundaries of the ,klamath ,drainage ,district to ,klamath ,drainage ,district1 for operation and maintenance responsibility for the ,federal reclamation water delivery and drainage facilities within the boundaries of the ,klamath ,drainage ,district and the ,lower ,klamath ,national ,wildlife ,refuge exclusive of the ,klamath ,straits ,drain1 subject to a transfer agreement with the ,bureau of ,reclamation under which the ,klamath ,drainage ,district assumes the operation and maintenance duties of the ,bureau of ,reclamation for ,klamath ,drainage ,district 7,area ,k7 lease land exclusive of ,klamath ,straits ,drain4 7#e7 ,the remainder of net revenues to the ,bureau of ,reclamation for-- 7,a7 operation and maintenance costs of ,link ,river and ,keno ,dams incurred by the ,united ,states2 and 7,b7 to the extent that the revenues received under this paragraph for any year exceed the costs described in subparagraph 7,a7-- 7i7 future capital costs of the ,klamath ,project2 or 7ii7 the ,renewable ,power ,program described in section #ag4g of the ,restoration ,agreement1 pursuant to an expenditure plan submitted to and approved by the ,secretary4 #e4 ,tribal commitments2 release of claims 7a7 ,actions by klamath tribes 7#a7 ,restoration agreement commitments acknowledged and agreed to ,in consideration for the resolution of any contest or exception of the ,klamath ,project ,water ,users to the water rights claims of the ,klamath ,tribes and the ,united ,states 7acting as trustee for the ,klamath ,tribes and members of the ,klamath ,tribes in ,oregon's ,klamath ,basin adjudication71 and for the other commitments of the ,klamath ,project ,water ,users described in the ,restoration ,agreement1 and for other benefits described in the ,restoration ,agreement and this ,act1 the ,klamath ,tribes 7on behalf of the ,klamath ,tribes and the members of the ,klamath ,tribes7 may make the commitments provided in the ,restoration ,agreement4 7#b7 ,upper basin agreement commitments acknowledged and agreed to ,in consideration for the resolution of any contest or exception of the ,off-,project ,irrigators to the water rights claims of the ,klamath ,tribes and the ,united ,states 7acting as trustee for the ,klamath ,tribes and members of the ,klamath ,tribes in ,oregon's ,klamath ,basin adjudication71 and for the other commitments of the ,off-,project ,irrigators described in the upper ,basin ,agreement1 and for other benefits described in the ,upper ,basin ,agreement and this ,act1 the ,klamath ,tribes 7on behalf of the ,klamath ,tribes and the members of the ,klamath ,tribes7 may make the commitments provided in the ,upper ,basin ,agreement4 7#c7 ,no further action required ,except as provided in subsection 7c71 the commitments described in paragraphs 7#a7 and 7#b7 are confirmed as effective and binding1 in accordance with the terms of the commitments1 without further action by the ,klamath ,tribes4 7#d7 ,additional commitments ,the ,klamath ,tribes 7on behalf of the tribe and the members of the tribe7 may make additional commitments and assurances in exchange for the resolution of its claims described in section #a4c4a or #b4e4a of the ,upper ,basin ,agreement1 subject to the conditions that the commitments and assurances shall be-- 7,a7 consistent with this ,act1 the ,settlements1 and other applicable provisions of law1 based on the totality of the circumstances2 and 7,b7 covered by a written agreement signed by the ,klamath ,tribes and the ,united ,states 7acting as trustee for the tribe and the members of the tribe in ,oregon's ,klamath ,basin adjudication7 pursuant to subsection 7f74 7b7 ,actions by karuk tribe and yurok tribe 7#a7 ,commitments acknowledged and agreed to ,in consideration for the commitments of the ,klamath ,project ,water ,users described in the ,restoration ,agreement1 and other benefits described in the ,restoration ,agreement and this ,act1 the ,karuk ,tribe and the ,yurok ,tribe 7on behalf of the tribe and the members of the tribe7 may make the commitments provided in the ,restoration ,agreement4 7#b7 ,no further action required ,except as provided in subsection 7c71 the commitments described in paragraph 7#a7 are confirmed as effective and binding1 in accordance with the terms of the commitments1 without further action by the ,yurok ,tribe or ,karuk ,tribe4 7c7 ,release of claims by party tribes 7#a7 ,in general ,subject to paragraph 7#b71 subsection 7d71 and the ,agreements1 but without otherwise affecting any right secured by a treaty1 ,executive order1 or other law1 the ,party tribes 7on behalf of the tribes and the members of the tribes7 may relinquish and release certain claims against the ,united ,states 7including any ,federal agencies and employees7 described in sections #ae4c4e4;,a1 #ae4c4f4;,b4i1 and #ae4c4g4;,b4i of the ,restoration ,agreement and1 in the case of the ,klamath ,tribes1 section #b4e of the ,upper ,basin ,agreement4 7#b7 ,conditions ,the relinquishments and releases under paragraph 7#a7 shall not take force or effect until the terms described in sections #ae4c4e4;,c1 #ae4c4e4;,d1 #ae4c4f4;,b4iii1 #ae4c4g4;,b4iii1 #ae4c4g4;,b4iv1 and #cc4b4a of the ,restoration ,agreement and sections #b4d and #aj of the ,upper ,basin ,agreement have been fulfilled4 7d7 ,retention of rights of party tribes ,notwithstanding subsections 7a7 through 7c7 or any other provision of this ,act1 the ,party tribes 7on behalf of the tribes and the members of the tribes7 and the ,united ,states 7acting as trustee for the ,party tribes71 shall retain-- 7#a7 all claims and rights described in sections #ae4c4e4;,b1 #ae4c4f4;,b4ii1 and #ae4c4g4;,b4ii of the ,restoration ,agreement2 and 7#b7 any other claims and rights retained by the ,party ,tribes in negotiations pursuant to section #ae4c4e4;,d1 #ae4c4f4;,b4iv1 and #ae4c4g4;,b4iv of the ,restoration ,agreement4 7e7 ,tolling of claims 7#a7 ,in general ,subject to paragraph 7#b71 the period of limitation and time-based equitable defense relating to a claim described in subsection 7c7 shall be tolled during the period-- 7,a7 beginning on the date of enactment of this ,act2 and 7,b7 ending on the earlier of-- 7i7 the date on which the ,secretary publishes the notice described in sections #ae4c4e4;,c1 #ae4c4f4;,b4iii1 and #ae4c4g4;,b4iii of the ,restoration ,agreement2 or 7ii7 ,december #a1 #bjcj4 7#b7 ,effect of tolling ,nothing in this subsection-- 7,a7 revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act2 or 7,b7 precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law4 7f7 ,actions of united states as trustee 7#a7 ,restoration agreement commitments authorized ,in consideration for the commitments of the ,klamath ,project ,water ,users described in the ,restoration ,agreement and for other benefits described in the ,restoration ,agreement and this ,act1 the ,united ,states1 acting as trustee for the federally recognized tribes of the ,klamath ,basin and the members of such tribes1 may make the commitments provided in the ,restoration ,agreement4 7#b7 ,upper basin agreement commitments authorized ,in consideration for the commitments of the ,off-,project ,irrigators described in the ,upper ,basin ,agreement and for other benefits described in the ,upper ,basin ,agreement and this ,act1 the ,united ,states1 acting as trustee for the ,klamath ,tribes and the members of the ,klamath ,tribes1 may make the commitments provided in the ,upper ,basin ,agreement4 7#c7 ,no further action ,the commitments described in paragraphs 7#a7 and 7#b7 are confirmed as effective and binding1 in accordance with the terms of the commitments1 without further action by the ,united ,states4 7#d7 ,additional commitments ,the ,united ,states1 acting as trustee for the ,klamath ,tribes and the members of the ,klamath ,tribes in ,oregon's ,klamath ,basin ,adjudication1 may make additional commitments and assurances of rights in exchange for the resolution of the tribal water right claims described in section #a4c4a or #b4e4a of the ,upper ,basin ,agreement1 subject to the conditions that the commitments or assurances shall be-- 7,a7 consistent with this ,act1 the ,settlements1 and other applicable provisions of law1 based on the totality of the circumstances2 and 7,b7 covered by a written agreement signed by the ,klamath ,tribes and the ,united ,states 7acting as trustee for the ,klamath ,tribes and the members of the tribe in ,oregon's ,klamath ,basin adjudication7 under subsection 7a77#c77;,b74 7g7 ,judicial review ,judicial review of a decision of the ,secretary concerning any right or obligation under section #ae4c4e4;,c1 #ae4c4f4;,b4iii1 #ae4c4g4;,b4iii1 #ae4c4h4;,b1 or #ae4c4i of the ,restoration ,agreement shall be in accordance with the standard and scope of review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,effect of section ,nothing in this section-- 7#a7 affects the ability of the ,united ,states to take any action-- 7,a7 authorized by law to be taken in the sovereign capacity of the ,united ,states1 including any law relating to health1 safety1 or the environment1 including-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7iii7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7iv7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7vi7 regulations implementing the ,acts described in this subparagraph2 and 7,b7 as trustee for the benefit of any federally recognized ,indian tribe other than an ,indian tribe of the ,klamath ,basin2 7,c7 as trustee for the ,party tribes to enforce the ,agreements and this ,act through such legal and equitable remedies as are available in an appropriate ,united ,states court or ,state court or administrative proceeding1 including ,oregon's ,klamath ,basin adjudication2 or 7,d7 as trustee for the federally recognized ,indian tribes of the ,klamath ,basin and the members of the tribes1 in accordance with the ,agreements and this ,act-- 7i7 to acquire water rights after the effective date of the ,agreements 7as defined in section #a4e4a of the ,restoration ,agreement and section #ad4c of the ,upper ,basin ,agreement72 7ii7 to use and protect water rights1 including water rights acquired after the effective date of the ,agreements 7as defined in section #a4e4a of the ,restoration ,agreement and section #ad4c of the ,upper ,basin ,agreement71 subject to the ,agreements2 or 7iii7 to claim a water right or continue to advocate for an existing claim for water rights in an appropriate ,united ,states court or ,state court or administrative proceeding1 subject to the ,agreements2 7#b7 affects the treaty fishing1 hunting1 trapping1 pasturing1 or gathering right of any ,indian tribe except to the extent expressly provided in this ,act or the ,agreements2 or 7#c7 affects any right1 remedy1 privilege1 immunity1 power1 or claim not specifically relinquished and released under1 or limited by1 this ,act or the ,agreements4 #f4 ,water and power provisions ,the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-dih2 #aad ,stat4 #bbba7 is amended-- 7#a7 by redesignating sections #d through #f as sections #e through #g1 respectively2 and 7#b7 by inserting after section #c the following3 #d4 ,water management and planning activities 7a7 ,definitions ,in this section3 7#a7 ,off-project area ,the term ,off-,project ,area means-- 7,a7 the areas within the ,sprague ,river1 ,sycan ,river1 ,williamson ,river1 and ,wood ,valley 7including ,crooked ,creek1 ,sevenmile ,creek1 ,fourmile ,creek1 and ,crane ,creek7 subbasins referred to in ,exhibit ,b of the ,upper ,basin ,agreement2 and 7,b7 to the extent provided for in the ,upper ,basin ,agreement1 any other areas for which claims described by section #a4c or #b4e4a of the ,upper ,basin ,agreement are settled as provided for in section #b4e4a of the ,upper ,basin ,agreement4 7#b7 ,on-project power user ,the term ,on-,project ,power ,user has the meaning given the term in the ,restoration ,agreement4 7#c7 ,restoration agreement ,the term ,restoration ,agreement means the agreement entitled ,klamath ,river ,basin ,restoration ,agreement for the ,sustainability of ,public and ,trust ,resources and ,affected ,communities and dated ,february #ah1 #bjaj 7including any amendments adopted prior to the date of enactment of this ,act and any further amendment to that agreement approved pursuant to section #c7;a7 of the ,klamath ,basin ,water ,recovery and ,economic ,restoration ,act of #bjad74 7#d7 ,upper basin agreement ,the term ,upper ,basin ,agreement means the agreement entitled ,upper ,klamath ,basin ,comprehensive ,agreement and dated ,april #ah1 #bjad 7including any amendment to that agreement74 7b7 ,action by secretary ,the ,secretary may carry out any activities1 including by entering into an agreement or contract or otherwise making financial assistance available-- 7#a7 to align water supplies with demand1 including activities to reduce water consumption and demand1 consistent with the ,restoration ,agreement or the ,upper ,basin ,agreement2 7#b7 to limit the net costs of power used to manage water 7including by arranging for delivery of ,federal power1 consistent with the ,restoration ,agreement and the ,upper ,basin ,agreement7 for-- 7,a7 the ,klamath ,project 7within the meaning of section #b72 7,b7 the ,on-,project ,power ,users2 7,c7 irrigators in the ,off-,project ,area2 and 7,d7 the ,klamath ,basin ,national ,wildlife ,refuge ,complex2 and 7#c7 to restore any ecosystem and otherwise protect fish and wildlife in the ,klamath ,basin watershed1 including tribal fishery resources held in trust1 consistent with ,restoration ,agreement and the ,upper ,basin ,agreement4 4 #g4 ,klamath tribes tribal resource fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,klamath ,tribes ,tribal ,resource ,fund 7referred to in this section as the ,fund71 consisting of the amounts deposited in the ,fund under subsection 7b71 together with any interest earned on those amounts1 to be managed1 invested1 and administered by the ,secretary for the benefit of the ,klamath ,tribes in accordance with the terms of section #b4d of the ,upper ,basin ,agreement1 to remain available until expended4 7b7 ,transfers to fund ,the ,fund shall consist of such amounts as are appropriated to the ,fund under subsection 7i71 which shall be deposited in the ,fund not later than #fj days after the amounts are appropriated and any interest under subsection 7c7 or 7d74 7c7 ,management by the secretary ,absent an approved tribal investment plan under subsection 7d7 or an economic development plan under subsection 7e71 the ,secretary shall manage1 invest1 and distribute all amounts in the ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7#a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7#b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7#c7 this section4 7d7 ,investment by the klamath tribes 7#a7 ,investment plan 7,a7 ,in general ,in lieu of the investment provided for in subsection 7c71 the ,klamath ,tribes may submit a tribal investment plan to the ,secretary1 applicable to all or part of the ,fund1 excluding the amounts described in subsection 7e77#d77;,a74 7,b7 ,approval ,not later than #fj days after the date on which a tribal investment plan is submitted under subparagraph 7,a71 the ,secretary shall approve such investment plan if the ,secretary finds that the plan-- 7i7 is reasonable and sound2 7ii7 meets the requirements of the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7iii7 meets the requirements of this section4 7,c7 ,disapproval ,if the ,secretary does not approve the tribal investment plan1 the ,secretary shall set forth in writing the particular reasons for the disapproval4 7#b7 ,disbursement ,if the tribal investment plan is approved by the ,secretary1 the funds involved shall be disbursed from the ,fund to the ,klamath ,tribes to be invested by the ,klamath ,tribes in accordance with the approved tribal investment plan1 subject to the requirements of this section4 7#c7 ,compliance ,the ,secretary may take such steps as the ,secretary determines to be necessary to monitor the compliance of a ,tribe with an investment plan approved under paragraph 7#a77;,b74 7#d7 ,limitation on liability ,the ,united ,states shall not be-- 7,a7 responsible for the review1 approval1 or audit of any individual investment under an approved investment plan2 or 7,b7 directly or indirectly liable with respect to any such investment1 including any act or omission of the ,klamath ,tribes in managing or investing amounts in the ,fund4 7#e7 ,requirements ,the principal and income derived from tribal investments carried out pursuant to an investment plan approved under subparagraph 7,b7 shall be-- 7,a7 subject to the requirements of this section2 and 7,b7 expended only in accordance with an economic development plan approved under subsection 7e74 7e7 ,economic development plan 7#a7 ,in general ,the ,klamath ,tribes shall submit to the ,secretary an economic development plan for the use of the ,fund1 including the expenditure of any principal or income derived from management under subsection 7c7 or from tribal investments carried out under subsection 7d74 7#b7 ,approval ,not later than #fj days after the date on which an economic development plan is submitted under paragraph 7#a71 the ,secretary shall approve the economic development plan if the ,secretary finds that the plan meets the requirements of the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq47 and this section4 7#c7 ,use of funds ,the economic development plan under this subsection shall-- 7,a7 require that the ,klamath ,tribes spend all amounts withdrawn from the ,fund in accordance with this section2 and 7,b7 include such terms and conditions as are necessary to meet the requirements of this section4 7#d7 ,resource acquisition and enhancement plan ,the economic development plan shall include a resource acquisition and enhancement plan1 which shall-- 7,a7 require that not less than #a_/b of the amounts appropriated for each fiscal year to carry out this section shall be used to enhance1 restore1 and utilize the natural resources of the ,klamath ,tribes1 in a manner that also provides for the economic development of the ,klamath ,tribes and1 as determined by the ,secretary1 directly or indirectly benefit adjacent non-,indian communities2 and 7,b7 be reasonably related to the protection1 acquisition1 enhancement1 or development of natural resources for the benefit of the ,klamath ,tribes and members of the ,klamath ,tribes4 7#e7 ,modification ,subject to the requirements of this ,act and approval by the ,secretary1 the ,klamath ,tribes may modify a plan approved under this subsection4 7#f7 ,limitation on liability ,the ,united ,states shall not be directly or indirectly liable for any claim or cause of action arising from-- 7,a7 the approval of a plan under this paragraph2 or 7,b7 the use or expenditure by the ,klamath ,tribes of any amount in the ,fund4 7f7 ,limitation on per capita distributions ,no amount in the ,fund 7including any income accruing to the amount7 and no revenue from any water use contract may be distributed to any member of the ,klamath ,tribes on a per capita basis4 7g7 ,limitation on disbursement 7#a7 ,in general ,subject to paragraph 7#b71 amounts in the ,fund shall not be available for disbursement under this section until the ,klamath ,tribes-- 7,a7 make the commitments set forth in the ,agreements2 and 7,b7 are determined by the ,secretary to be in substantial compliance with those commitments4 7#b7 ,early disbursement ,based on the unique history of the loss of reservation land by the ,klamath ,tribes through termination of ,federal recognition and acknowledging that restoration of tribal land is essential to building the tribal economy and achieving self-determination1 the ,secretary may disburse funds to the ,klamath ,tribes prior to the satisfaction of the requirements of paragraph 7#a7 on a determination by the ,secretary that such funds are available and that early disbursement will support activities designed to increase employment opportunities for members of the ,klamath ,tribes4 7#c7 ,agreements ,any such disbursement shall be in accordance with a written agreement between the ,secretary and the ,klamath ,tribes that provides the following3 7,a7 ,for any disbursement to purchase land that is to be placed in trust pursuant to section #f of the ,klamath ,indian ,tribe ,restoration ,act 7#be ,u4,s4,c4 #eff;d71 the written agreement shall specify that if assurances made do not become permanent as described in section #ae4c4c of the ,restoration ,agreement and on publication of a notice by the ,secretary pursuant to section #ae4c4d4;,c of the ,restoration ,agreement or section #aj4b of the ,upper ,basin ,agreement1 any land purchased with disbursements from the ,fund shall revert back to sole ownership by the ,united ,states unless1 prior to reversion1 the ,klamath ,tribes enter into a written agreement to repay the purchase price to the ,united ,states1 without interest1 in annual installments over a period not to exceed #dj years4 7,b7 ,for any disbursement to support economic activity and creation of tribal employment opportunities 7including any rehabilitation of existing properties to support economic activities71 the written agreement shall specify that if assurances made do not become permanent as described in section #ae4c4c of the ,restoration ,agreement and on publication of a notice by the ,secretary pursuant to section #ae4c4d4;,c of the ,restoration ,agreement or section #aj4b of the ,upper ,basin ,agreement1 any amounts disbursed from the ,fund shall be repaid to the ,united ,states1 without interest1 in annual installments over a period not to exceed #dj years4 7h7 ,prohibition ,amounts in the ,fund may not be made available for any purpose other than a purpose described in this section4 7i7 ,annual reports 7#a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjad1 the ,secretary shall submit to the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,appropriations of the ,senate1 and the appropriate authorizing committees of the ,senate and the ,house of ,representatives a report on the operation of the ,fund during the fiscal year4 7#b7 ,contents ,each report shall include1 for the fiscal year covered by the report1 the following3 7,a7 ,a statement of the amounts deposited into the ,fund4 7,b7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures4 7,c7 ,recommendations for additional authorities to fulfill the purpose of the ,fund4 7,d7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4 7j7 ,no third party rights ,this section does not create or vest rights or benefits for any party other than the ,klamath ,tribes and the ,united ,states4 7k7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #h1jjj1jjj for each fiscal year1 not to exceed a total amount of #dj1jjj1jjj4 #h4 ,hydroelectric facilities 7a7 ,secretarial determination 7#a7 ,in general ,subject to paragraph 7#c71 in accordance with section #c of the ,hydroelectric ,settlement1 the ,secretary shall-- 7,a7 as soon as practicable after the date of enactment of this ,act1 determine whether to proceed with facilities removal1 based on whether facilities removal-- 7i7 would advance restoration of the salmonid fisheries of the ,klamath ,basin2 and 7ii7 is in the public interest1 taking into account potential impacts on affected local communities and federally recognized ,indian tribes2 and 7,b7 if the ,secretary determines under subparagraph 7,a7 to proceed with facilities removal1 include in the determination the designation of a dam removal entity1 subject to paragraph 7#f74 7#b7 ,basis for secretarial determination to proceed ,for purposes of making a determination under paragraph 7#a77;,a71 the ,secretary1 in cooperation with the ,secretary of ,commerce and other appropriate entities1 shall-- 7,a7 use existing information2 7,b7 conduct any necessary additional studies2 7,c7 comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,d7 take such other actions as the ,secretary determines to be appropriate to support the determination of the ,secretary under paragraph 7#a74 7#c7 ,conditions for secretarial determination to proceed ,the ,secretary may not make or publish the determination under this subsection1 unless the conditions specified in section #c4c4d of the ,hydroelectric ,settlement have been satisfied4 7#d7 ,publication of notice ,the ,secretary shall publish notification of the determination of the ,secretary under this subsection in the ,federal ,register4 7#e7 ,judicial review of secretarial determination 7,a7 ,in general ,for purposes of judicial review1 the determination of the ,secretary shall constitute a final agency action with respect to whether or not to proceed with facilities removal4 7,b7 ,petition for review 7i7 ,filing 7,i7 ,in general ,judicial review of the determination of the ,secretary and related actions to comply with environmental laws 7including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq477 may be obtained by an aggrieved person only as provided in this paragraph4 7,,ii7 ,jurisdiction ,a petition for review under this paragraph may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or in the ,ninth ,circuit ,court of ,appeals4 7,,iii7 ,limitation ,a district court of the ,united ,states and a ,state court shall not have jurisdiction to review the determination of the ,secretary or related actions to comply with environmental laws described in subclause 7,i74 7ii7 ,deadline 7,i7 ,in general ,except as provided in subclause 7,,ii71 any petition for review under this paragraph shall be filed not later than #fj days after the date of publication of the determination of the ,secretary in the ,federal ,register4 7,,ii7 ,subsequent grounds ,if a petition is based solely on grounds arising after the date that is #fj days after the date of publication of the determination of the ,secretary in the ,federal ,register1 the petition for review under this subsection shall be filed not later than #fj days after the grounds arise4 7,c7 ,implementation ,any action of the ,secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in any action relating to the implementation of the determination of the ,secretary or in proceedings for enforcement of the ,hydroelectric ,settlement4 7,d7 ,applicable standard and scope ,judicial review of the determination of the ,secretary shall be in accordance with the standard and scope of review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7,e7 ,nontolling ,the filing of a petition for reconsideration by the ,secretary of an action subject to review under this subsection shall not-- 7i7 affect the finality of the action for purposes of judicial review2 7ii7 extend the time within which a petition for judicial review under this subsection may be filed2 or 7iii7 postpone the effectiveness of the action4 7#f7 ,requirements for dam removal entity ,a dam removal entity designated by the ,secretary under paragraph 7#a77;,b7 shall-- 7,a7 have the capabilities for facilities removal described in section #g4a4a of the ,hydroelectric ,settlement2 and 7,b7 be the ,department of the ,interior1 except that the ,secretary1 consistent with section #c4c4d4;,e of the ,hydroelectric ,settlement1 may designate a non-,federal dam removal entity if-- 7i7 the ,secretary1 in the sole judgment and discretion of the ,secretary1 finds that the dam removal entity-designate-- 7,i7 is qualified2 and 7,,ii7 has the capabilities described in subparagraph 7,a72 7ii7 the ,states of ,california and ,oregon have concurred in the finding under clause 7i72 and 7iii7 the dam removal entity-designate has committed1 if so designated1 to perform facilities removal within the ,state ,cost ,cap as described in section #d4a4c of the ,hydroelectric ,settlement4 7#g7 ,responsibilities of dam removal entity ,the dam removal entity designated by the ,secretary under paragraph 7#a77;,b7 shall have the responsibilities described in section #g4a4b of the ,hydroelectric ,settlement4 7b7 ,facilities removal 7#a7 ,applicability ,this subsection shall apply if-- 7,a7 the determination of the ,secretary under subsection 7a7 provides for proceeding with facilities removal2 7,b7 the ,state of ,california and the ,state of ,oregon concur in the determination of the ,secretary1 in accordance with section #c4c4e of the ,hydroelectric ,settlement2 7,c7 the availability of non-,federal funds for the purposes of facilities removal is consistent with the ,hydroelectric ,settlement2 and 7,d7 the ,hydroelectric ,settlement has not terminated in accordance with section #h4aa of the ,hydroelectric ,settlement4 7#b7 ,non-federal funds 7,a7 ,in general ,notwithstanding title #ca1 ,united ,states ,code1 if the ,department of the ,interior is designated as the dam removal entity under subsection 7a77#a77;,b71 the ,secretary may accept1 manage1 and expend1 without further appropriation1 non-,federal funds for the purpose of facilities removal in accordance with sections #d and #g of the ,hydroelectric ,settlement4 7,b7 ,refund ,the ,secretary may administer and refund any amounts described in subparagraph 7,a7 received from the ,state of ,california in accordance with the requirements established by the ,state4 7#c7 ,agreements ,the dam removal entity may enter into agreements and contracts as necessary to assist in the implementation of the ,hydroelectric ,settlement4 7#d7 ,proceeding with facilities removal 7,a7 ,in general ,the dam removal entity shall1 consistent with the ,hydroelectric ,settlement-- 7i7 develop a definite plan for facilities removal as described in section #g of the ,hydroelectric ,settlement1 including a schedule for facilities removal2 7ii7 obtain all permits1 authorizations1 entitlements1 certifications1 and other approvals necessary to implement facilities removal1 including a permit under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 notwithstanding subsection 7r7 of that section2 and 7iii7 implement facilities removal4 7,b7 ,state and local laws 7i7 ,in general ,except as provided in clause 7ii71 facilities removal shall be subject to applicable requirements of ,state and local laws relating to permits and other authorizations1 to the extent the requirements are not in conflict with ,federal law1 including the determination of the ,secretary under subsection 7a7 and the definite plan 7including the schedule7 for facilities removal authorized under this ,act4 7ii7 ,limitations ,clause 7i7 shall not affect-- 7,i7 the authorities of the ,states regarding concurrence with the determination of the ,secretary under subsection 7a7 in accordance with ,state law2 or 7,,ii7 the authority of a ,state public utility commission regarding funding of facilities removal4 7iii7 ,jurisdiction ,the ,united ,states district courts shall have original jurisdiction over all claims regarding the consistency of ,state and local laws regarding permits and other authorizations1 and of ,state and local actions pursuant to those laws1 with the definite plan 7including the schedule7 for facilities removal authorized under this ,act4 7,c7 ,acceptance of title to facilities 7i7 ,in general ,the dam removal entity may accept from ,pacifi,corp all rights1 titles1 permits1 and other interests in the facilities and associated land1 for facilities removal and for disposition of facility land 7as provided in section #g4f4d of the ,hydroelectric ,settlement7 on providing to ,pacifi,corp a notice that the dam removal entity is ready to commence facilities removal in accordance with section #g4d4a of the ,hydroelectric ,settlement4 7ii7 ,non-federal dam removal entity ,notwithstanding section #h of the ,federal ,power ,act 7#af ,u4,s4,c4 #hja71 the transfer of title to facilities from ,pacifi,corp to a non-,federal dam removal entity1 in accordance with the ,hydroelectric ,settlement and this ,act1 is authorized4 7,d7 ,continued power generation 7i7 ,in general ,in accordance with an agreement negotiated under clause 7ii71 on transfer of title pursuant to subparagraph 7,c7 and until the dam removal entity instructs ,pacifi,corp to cease the generation of power1 ,pacifi,corp may continue1 consistent with ,state law-- 7,i7 to generate1 and retain title to1 any power generated by the facilities in accordance with section #g of the ,hydroelectric ,settlement2 and 7,,ii7 to transmit and use the power for the benefit of the customers of ,pacifi,corp under the jurisdiction of applicable ,state public utility commissions and the ,commission4 7ii7 ,agreement with dam removal entity ,as a condition of transfer of title pursuant to subparagraph 7,c71 the dam removal entity shall enter into an agreement with ,pacifi,corp that provides for continued generation of power in accordance with clause 7i74 7#e7 ,licenses and jurisdiction 7,a7 ,annual licenses 7i7 ,in general ,the ,commission shall issue annual licenses authorizing ,pacifi,corp to continue to operate the facilities until ,pacifi,corp transfers title to all of the facilities4 7ii7 ,termination ,the annual licenses shall terminate with respect to a facility on transfer of title for the facility from ,pacifi,corp to the dam removal entity4 7iii7 ,staged removal 7,i7 ,in general ,on transfer of title of any facility by ,pacifi,corp to the dam removal entity1 annual license conditions shall no longer be in effect with respect to the facility4 7,,ii7 ,nontransfer of title ,annual license conditions shall remain in effect with respect to any facility for which ,pacifi,corp has not transferred title to the dam removal entity to the extent compliance with the annual license conditions are not prevented by the removal of any other facility4 7,b7 ,jurisdiction ,the jurisdiction of the ,commission under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 shall terminate with respect to a facility on the transfer of title for the facility from ,pacifi,corp to the dam removal entity4 7,c7 ,relicensing 7i7 ,in general ,the ,commission shall-- 7,i7 stay the proceeding of the ,commission regarding the pending license application of ,pacifi,corp for ,project ,no4 #bjhb for the period during which the ,hydroelectric ,settlement remains in effect2 and 7,,ii7 resume the proceeding and proceed to take final action on the new license application only if the ,hydroelectric ,settlement terminates pursuant to section #h4aa of the ,hydroelectric ,settlement4 7,d7 ,termination2 limitations ,if the ,hydroelectric ,settlement is terminated pursuant to section #h4aa of the ,hydroelectric ,settlement1 the ,commission1 in proceedings on the application for relicensing1 shall not be bound by the record or findings of the ,secretary relating to the determination of the ,secretary or by the determination of the ,secretary4 7c7 ,liability protection 7#a7 ,in general ,notwithstanding any other ,federal1 ,state1 local1 or common law1 ,pacifi,corp shall not be liable for any harm to an individual or entity1 property1 or the environment1 or any damages resulting from facilities removal or facility operations arising from1 relating to1 or triggered by actions associated with facilities removal under this ,act1 including any damage caused by the release of any material or substance 7including a hazardous substance74 7#b7 ,funding ,notwithstanding any other ,federal1 ,state1 local1 or common law1 no individual or entity contributing funds for facilities removal shall be held liable1 solely by virtue of that funding1 for any harm to an individual or entity1 property1 or the environment1 or damages arising from facilities removal or facility operations arising from1 relating to1 or triggered by actions associated with facilities removal under this ,act1 including any damage caused by the release of any material or substance 7including a hazardous substance74 7#c7 ,preemption ,notwithstanding section #aj7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;c771 protection from liability pursuant to this section shall preempt the laws of any ,state to the extent the laws are inconsistent with this ,act1 except that this ,act shall not limit any otherwise-available immunity1 privilege1 or defense under any other provision of law4 7#d7 ,effective date ,liability protection under this subsection shall take effect as the protection relates to any particular facilities on transfer of title to the facility from ,pacifi,corp to the dam removal entity designated by the ,secretary under subsection 7a77#a77;,b74 7d7 ,facilities not removed 7#a7 ,keno facility 7,a7 ,transfer ,on notice that the dam removal entity is ready to commence removal of the ,j4,c4 ,boyle ,dam1 the ,secretary shall accept the transfer of title to the ,keno ,facility to the ,united ,states in accordance with section #g4e of the ,hydroelectric ,settlement4 7,b7 ,effect of transfer ,on the transfer under subparagraph 7,a71 and without further action by ,congress-- 7i7 the ,keno ,facility shall-- 7,i7 become part of the ,klamath ,reclamation ,project2 and 7,,ii7 be operated and maintained in accordance with the ,federal reclamation laws and this ,act2 and 7ii7 the jurisdiction of the ,commission over the ,keno ,facility shall terminate4 7#b7 ,east side and west side developments ,on filing by ,pacifi,corp of an application for surrender of the ,east ,side and ,west ,side ,developments in ,project ,no4 #bjhb1 the ,commission shall issue an order approving partial surrender of the license for ,project ,no4 #bjhb1 including any reasonable and appropriate conditions1 as provided in section #f4d4a of the ,hydroelectric ,settlement4 7#c7 ,fall creek ,not later than #fj days after the date of the transfer of title to the ,iron ,gate ,facility to the dam removal entity1 the ,commission shall resume timely consideration of the pending licensing application for the ,fall ,creek development pursuant to the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq471 regardless of whether ,pacifi,corp retains ownership of ,fall ,creek or transfers ownership to a new licensee4 7#d7 ,iron gate hatchery ,notwithstanding section #h of the ,federal ,power ,act 7#af ,u4,s4,c4 #hja71 consistent with section #g4f4f of the ,hydroelectric ,settlement title to the ,pacifi,corp hatchery facilities within the ,state of ,california shall be transferred to the ,state of ,california at-- 7,a7 the time of transfer to the dam removal entity of title to the ,iron ,gate ,dam2 or 7,b7 such other time as may be agreed to by the parties to the ,hydroelectric ,settlement4 #i4 ,administration and funding 7a7 ,agreements 7#a7 ,in general ,the ,secretaries may enter into such agreements 7including contracts1 memoranda of understanding1 financial assistance agreements1 cost sharing agreements1 and other appropriate agreements7 with ,state1 tribal1 and local government agencies or private individuals and entities as the ,secretary concerned consider to be necessary to carry out this ,act and the ,settlements1 subject to such terms and conditions as the ,secretary concerned considers to be necessary4 7#b7 ,tribal programs ,consistent with paragraph 7#a7 and section #cb of the ,restoration ,agreement1 the ,secretaries shall give priority to qualified ,party tribes in awarding grants1 contracts1 or other agreements for purposes of implementing the fisheries programs described in part ,,iii of the ,restoration ,agreement4 7b7 ,establishment of accounts ,there are established in the ,treasury for the deposit of appropriations and other funds 7including non-,federal donated funds7 the following noninterest-bearing accounts3 7#a7 ,the ,on-,project ,plan and ,power for ,water ,management ,fund1 to be administered by the ,bureau of ,reclamation4 7#b7 ,the ,water ,use ,retirement and ,off-,project ,reliance ,fund1 to be administered by the ,united ,states ,fish and ,wildlife ,service4 7#c7 ,the ,klamath ,drought ,fund1 to be administered by the ,national ,fish and ,wildlife ,foundation4 7c7 ,management 7#a7 ,in general ,the accounts established by subsection 7b7 shall be managed in accordance with this ,act and section #ad4c of the ,restoration ,agreement4 7#b7 ,transfers ,notwithstanding section #aece of title #ca1 ,united ,states ,code1 the ,secretaries are authorized to enter into interagency agreements for the transfer of ,federal funds between ,federal programs for the purpose of implementing this ,act and the ,settlements4 7d7 ,acceptance and expenditure of non-,federal funds 7#a7 ,in general ,notwithstanding title #ca1 ,united ,states ,code1 the ,secretaries may accept and expend1 without further appropriation1 non-,federal funds1 in-kind services1 or property for purposes of implementing the ,settlement4 7#b7 ,use ,the funds and property described in paragraph 7#a7 may be expended or used1 as applicable1 only for the purpose for which the funds or property were provided4 7e7 ,funds available until expended ,all funds made available for the implementation of the ,settlements shall remain available until expended4 7f7 ,termination of agreements ,if any ,agreement terminates-- 7#a7 any appropriated ,federal funds provided to a party that are unexpended at the time of the termination of the ,agreement shall be returned to the general fund of the ,treasury2 and 7#b7 any appropriated ,federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the ,agreement4 7g7 ,budget 7#a7 ,in general ,the budget of the ,president shall include such requests as the ,president considers to be necessary for the level of funding for each of the ,federal agencies to carry out the responsibilities of the agencies under the ,settlements4 7#b7 ,crosscut budget ,not later than the date of submission of the budget of the ,president to ,congress for each fiscal year1 the ,director of the ,office of ,management and ,budget shall submit to the appropriate authorizing and appropriating committees of the ,senate and the ,house of ,representatives a financial report containing-- 7,a7 an interagency budget crosscut report that displays the budget proposed for each of the ,federal agencies to carry out the ,settlements for the upcoming fiscal year1 separately showing funding requested under preexisting authorities and new authorities provided by this ,act2 7,b7 a detailed accounting of all funds received and obligated by all ,federal agencies responsible for implementing the ,settlements2 and 7,c7 a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable ,federal agencies in the upcoming fiscal year4 7h7 ,report to congress ,not later than the date of submission of the budget of the ,president to ,congress for each fiscal year1 the ,secretaries shall submit to the appropriate authorizing committees of the ,senate and the ,house of ,representatives a report that describes-- 7#a7 the status of implementation of all of the ,settlements2 7#b7 expenditures during the preceding fiscal year for implementation of all of the ,settlements2 7#c7 the current schedule and funding levels that are needed to complete implementation of each of the ,settlements2 7#d7 achievements in advancing the purposes of complying with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 under the ,settlements2 7#e7 additional achievements in restoring fisheries under the ,settlements2 7#f7 the status of water deliveries for the preceding water year and projections for the upcoming water year for-- 7,a7 the ,klamath ,project and irrigators in the ,off-,project ,area pursuant to the ,agreements2 and 7,b7 the ,national ,wildlife ,refuges in areas covered by the ,agreements2 7#g7 the status of achieving the goals of supporting sustainable agriculture production 7including the goal of limiting net power costs for water management7 and general economic development in the ,klamath ,basin2 7#h7 the status of achieving the goal of supporting the economic development of the ,party tribes2 and 7#i7 the assessment of the ,secretaries of the progress being made toward completing implementation of all of the ,settlements4