,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dcbi ,,in ,,the ,,house ,,of ,,representatives ,november #i1 #bjag,mr4 ,walden introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj to improve infrastructure1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,klamath ,infrastructure ,improvement ,act4 #b4 ,klamath project 7a7 ,addressing water management and power costs for irrigation ,the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-aad2 ,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 ,power and water management 7a7 ,definitions ,in this section3 7#a7 ,covered power use ,the term covered power use means a use of power to develop or manage water from any source for irrigation1 wildlife purposes1 or drainage on land that is-- 7,a7 associated with the ,klamath ,project1 including land within a unit of the ,national ,wildlife ,refuge ,system that receives water due to the operation of ,klamath ,project facilities2 or 7,b7 irrigated by the class of users covered by the agreement dated ,april #cj1 #aief1 between the ,california ,oregon ,power ,company and ,klamath ,basin ,water ,users ,protective ,association and within the ,off ,project ,area 7as defined in the ,upper ,basin ,comprehensive ,agreement entered into on ,april #ah1 #bjad71 only if each applicable owner and holder of a possessory interest of the land is a party to that agreement 7or a successor agreement that the ,secretary determines provides a comparable benefit to the ,united ,states74 7#b7 ,klamath project 7,a7 ,in general ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon4 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#c7 ,land associated with the ,klamath ,project ,the term land associated with the ,klamath ,project means any land that receives or has received water diverted or stored by ,klamath ,project facilities for all or part of its water supply4 7#d7 ,power cost benchmark ,the term power cost benchmark means the average net delivered cost of power for irrigation and drainage at ,reclamation projects in the area surrounding the ,klamath ,project that are similarly situated to the ,klamath ,project1 including ,reclamation projects that-- 7,a7 are located in the ,pacific ,northwest2 and 7,b7 receive project-use power4 7b7 ,water1 environmental1 and power activities 7#a7 ,in general ,pursuant to the reclamation laws and subject to appropriations and required environmental reviews1 the ,secretary may carry out activities1 including entering into contracts or making financial assistance available through cooperative agreements or otherwise-- 7,a7 to plan1 implement1 and administer programs to align water supplies and demand for irrigation water users associated with the ,klamath ,project1 with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users2 7,b7 to plan and implement activities and projects that-- 7i7 avoid or mitigate environmental effects of irrigation activities2 or 7ii7 restore habitats in the ,klamath ,basin watershed1 including restoring tribal fishery resources held in trust2 and 7,c7 to limit the net delivered cost of power for covered power uses4 7#b7 ,effect ,nothing in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 authorizes the ,secretary-- 7,a7 to develop or construct new facilities for the ,klamath ,project without appropriate approval from ,congress under section #i of the ,reclamation ,projects ,act of #aici 7#dc ,u4,s4,c4 #dhe;h72 or 7,b7 to carry out activities that have not otherwise been authorized4 7c7 ,reducing power costs 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,klamath ,infrastructure ,improvement ,act1 the ,secretary1 in consultation with interested irrigation interests that are eligible for covered power use and representative organizations of those interests1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7,a7 identifies the power cost benchmark2 and 7,b7 recommends actions1 excluding direct payments to persons making covered power uses or to other entities for purposes of subsidizing power rates that1 in the judgment of the ,secretary1 are necessary and appropriate to ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark1 including a description of-- 7i7 actions to immediately reduce power costs and to have the net delivered power cost for covered power use be equal to or less than the power cost benchmark in the near term1 while longer-term actions are being implemented2 7ii7 to the extent actions involving the development or acquisition of power generation are included1 actions that prioritize renewable energy technologies 7including hydropower7 and regional economic development2 7iii7 the potential costs and timeline for the actions recommended under this subparagraph2 7iv7 provisions for modifying the actions and timeline to adapt to new information or circumstances2 and 7v7 a description of public input regarding the proposed actions1 including input from water users that have covered power use and the degree to which those water users concur with the recommendations4 7#b7 ,implementation ,not later than #ahj days after the date of submission of the report under paragraph 7#a71 the ,secretary shall implement those recommendations described in the report that the ,secretary determines will ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark1 subject to availability of appropriations1 on the fastest practicable timeline both as to near-term actions and longer term actions4 ,implementation shall continue consistent with the report and any updates to the report developed under paragraph 7#c74 7#c7 ,subsequent reports ,the ,secretary shall submit to each ,committee described in paragraph 7#a7 reports describing progress achieved in meeting the requirements of this subsection1 and any modifications or updates to the actions developed under subsection 7c77#a77;,b74 ,the reports shall be submitted annually in each of the four years following submission of the report under paragraph 7#a7 and triennially thereafter4 7d7 ,treatment of power purchases 7#a7 ,in general ,any purchase of power by the ,secretary from the ,bonneville ,power ,administration under this section shall be considered to be an authorized sale for purposes of section #e7;b77#c7 of the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci;c7b77#c774 7#b7 ,effect ,nothing in this section authorizes a sale of power from the ,federal ,columbia ,river ,power ,system at rates1 terms1 or conditions better than those afforded preference customers of the ,bonneville ,power ,administration4 7e7 ,goals ,the goals of activities under subsections 7b7 and 7c7 shall include1 as applicable-- 7#a7 the short-term and long-term reduction and resolution of conflicts relating to water in the ,klamath ,basin watershed2 and 7#b7 compatibility and utility for protecting natural resources throughout the ,klamath ,basin watershed1 including the protection1 preservation1 and restoration of ,klamath ,river tribal fishery resources1 particularly through collaboratively developed agreements4 7f7 ,pumping plant ,d ,the ,secretary may enter into one or more agreements with the ,tulelake ,irrigation ,district to reimburse the ,tulelake ,irrigation ,district for not more than #fi percent of the cost incurred by the ,tulelake ,irrigation ,district for the operation and maintenance of ,pumping ,plant ,d1 on the condition that the cost benefits the ,united ,states4 7g7 ,keno and ,link ,river ,dams ,the ,secretary is authorized and directed to comply with1 and adhere to the terms of1 ,attachment ,a to the #bjaf ,klamath ,power and ,facilities ,agreement4 4 7b7 ,conveyance of non-,project water2 replacement of c canal 7#a7 ,definition of ,klamath ,project ,in this subsection3 7,a7 ,in general ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon4 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#b7 ,conveyance of non-project water 7,a7 ,in general ,an entity operating under a contract entered into with the ,united ,states for the operation and maintenance of ,klamath ,project works or facilities1 and an entity operating any work or facility not owned by the ,united ,states that receives ,klamath ,project water1 may without further ,federal contract1 permit1 or other authorization1 use any of the ,klamath ,project works or facilities to convey non-,klamath ,project water for any authorized purpose of the ,klamath ,project1 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,permits2 measurement ,an addition1 conveyance1 and use of water pursuant to subparagraph 7,a7 shall be subject to the requirements that-- 7i7 the applicable entity shall secure all permits required under ,state or local laws2 and 7ii7 all water delivered into1 or taken out of1 a ,klamath ,project facility pursuant to that subparagraph shall be measured4 7,c7 ,effect ,a use of non-,klamath ,project water under this paragraph shall not-- 7i7 adversely affect the delivery of water to any water user or land served by the ,klamath ,project2 or 7ii7 result in any additional cost to the ,united ,states4 7#c7 ,replacement of c canal flume ,the replacement of the ,c ,canal flume within the ,klamath ,project shall be considered to be1 and shall receive the treatment authorized for1 qualified emergency extraordinary operation and maintenance work in accordance with ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq4774 ,accordingly1 upon request from ,klamath ,irrigation ,district1 the ,secretary of the ,interior shall1 within #ahj days of such request1 enter into a contract with ,klamath ,irrigation ,district1 amendatory of contract ,no4 #af-,,wc-#bj-dhch1 providing that #ce percent of the total ,repayment ,obligation is non-reimbursable and the remaining #fe percent of the total ,repayment ,obligation shall be repaid over a period of #ej years4 ,although the ,secretary of the ,interior shall not condition its agreement to the amendatory contract upon any other term1 the amendatory contract may include1 but is not required to include1 other terms that are no less favorable to the contractor than #af-,,wc-#bj-dhch4 7c7 ,administration 7#a7 ,compliance ,in implementing this section and the amendments made by this section1 the ,secretary 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 laws4 7#b7 ,effect ,nothing in this section-- 7,a7 modifies the authorities or obligations of the ,united ,states with respect to the tribal trust and treaty obligations of the ,united ,states2 7,b7 creates or determines water rights or affects water rights or water right claims in existence on the date of the enactment of this ,act2 or 7,c7 authorizes the use of ,federal funds for the physical deconstruction of the ,iron ,gate1 ,copco #a1 ,copco #b1 and ,john ,c4 ,boyle dams located on the ,klamath ,river in ,california and ,oregon4