,,ii ,calendar ,no4 #egg #aahth ,,congress #b;d ,session ,s4 #dhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbc,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,november #ba1 #bjbd,reported by ,mr4 ,manchin1 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 #bjjj to provide the ,secretary of the ,interior with certain authorities with respect to projects affecting the ,klamath ,basin watershed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,klamath ,power and ,facilities ,agreement ,support ,act4 #b4 ,klamath project water and power 7a7 ,addressing water1 power1 and facilities management for irrigation ,section #d of the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-dih2 #aad ,stat4 #bbba2 #acb ,stat4 #chhf2 #acd ,stat4 #igf7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to appropriations and required environmental reviews1 the ,secretary is authorized to carry out activities1 including entering into a contract or making financial assistance available through cooperative agreements or other methods1 to plan1 implement1 and administer programs1 including conservation and efficiency measures1 land idling1 and use of groundwater1 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 users4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#b7 ,implementation 7,a7 ,in general ,beginning not later than #ahj days after the date of enactment of the ,klamath ,power and ,facilities ,agreement ,support ,act1 the ,secretary shall1 through #a or more cooperative agreements1 financial assistance agreements1 or other methods1 implement1 or support the implementation of1 the recommendations identified in the report described in paragraph 7#a7 that the ,secretary determines would lead to bringing the net delivered power cost for covered power use to an amount that is the same as1 or less than1 the power cost benchmark1 subject to the availability of appropriations1 on the fastest timeline practicable1 with respect to near- and long-term actions4 7,b7 ,requirement ,the implementation of recommendations under subparagraph 7,a7 shall be carried out in accordance with-- 7i7 the report submitted under paragraph 7#a72 and 7ii7 any reports submitted under paragraph 7#c74 7#c7 ,additional reports ,not later than ,april #cj1 #bjbe1 and every #e years thereafter1 the ,secretary shall submit to each committee described in the matter preceding subparagraph 7,a7 of paragraph 7#a7 a report that describes-- 7,a7 any progress toward meeting the requirements of this subsection2 and 7,b7 any modifications or updates to the actions recommended under paragraph 7#a77;,b74 2 and 7#c7 by adding at the end the following3 7d7 ,restoration ,activities ,the ,secretary may-- 7#a7 plan1 design1 construct1 operate1 and maintain projects in the ,klamath ,basin watershed1 including-- 7,a7 facilities to reduce fish entrainment2 7,b7 projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the ,klamath ,project service area2 and 7,c7 projects that restore habitats in the ,klamath ,basin watershed1 including ,tribal fishery resources held in trust2 7#b7 undertake studies1 including feasibility studies1 and improvements that the ,secretary determines to be necessary to implement this subsection2 7#c7 in implementing this subsection1 enter into contracts1 memoranda of understanding1 financial assistance agreements1 cost-sharing agreements1 or other appropriate agreements with-- 7,a7 ,state1 ,tribal1 and local governmental agencies2 and 7,b7 private parties2 and 7#d7 accept and expend non-,federal funds in order to facilitate implementation of this subsection4 7e7 ,goals ,the goals of activities under subsections 7b7 and 7d7 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 #a 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 subject to the condition that the cost results in benefits to the ,united ,states4 7g7 ,keno and ,link river dams ,the ,secretary shall comply with the terms of the agreement entitled #bjaf ,klamath ,power and ,facilities ,agreement1 including ,attachment ,a to the agreement4 7h7 ,replacement of ,c ,canal flume 7#a7 ,in general ,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 7#b7 ,contract 7,a7 ,in general ,not later than #ahj days after the date of receipt of a request from the ,klamath ,irrigation ,district to enter into a contract with the ,klamath ,irrigation ,district to amend the contract numbered #af-,,wc-#bj-dhch1 the ,secretary shall enter into a contract with the ,klamath ,irrigation ,district providing that-- 7i7 #ce percent of the total repayment obligation under the contract entered into under this subparagraph is nonreimbursable to the ,united ,states2 and 7ii7 #fe percent of the total repayment obligation under the contract entered into under this subparagraph shall be repaid to the ,united ,states over a period of #ej years4 7,b7 ,inclusion ,although the ,secretary shall not condition the agreement to the contract entered into under subparagraph 7,a7 on any other term1 the contract may include other terms that are not less favorable to the contractor than contract numbered #af-,,wc-#bj-dhch4 4 7b7 ,administration2 effect 7#a7 ,compliance ,in implementing the amendments made by this section1 the ,secretary of the ,interior 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 ,none of the amendments made by this section-- 7,a7 modify any authority or obligation of the ,united ,states with respect to any ,tribal trust or treaty obligation of the ,united ,states2 7,b7 7i7 create or determine any water right2 or 7ii7 affect any water right or water right claim in existence on the date of enactment of this ,act2 or 7,c7 authorize the use of ,federal funds for the physical deconstruction of the ,iron ,gate1 ,copco #a1 ,copco #b1 or ,john ,c4 ,boyle ,dam located on the ,klamath ,river in the ,states of ,california and ,oregon4 #a4 ,short title ,this ,act may be cited as the ,klamath ,power and ,facilities ,agreement ,support ,act4 #b4 ,klamath project water and power 7a7 ,addressing water1 power1 and facilities management for irrigation ,section #d of the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-dih2 #aad ,stat4 #bbba2 #acb ,stat4 #chhf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#c71 7#d71 and 7#f71 respectively2 7,b7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#a7 ,agreement ,the term ,agreement means the agreement entitled #bjaf ,klamath ,power and ,facilities ,agreement and dated ,april #f1 #bjaf4 7#b7 ,covered contractor ,the term covered contractor means-- 7,a7 each ,klamath ,project ,water ,user2 and 7,b7 each landowner who is a ,klamath ,project contractor and receives water through transferred works of the ,klamath ,project that are operated by a ,klamath ,project ,water ,user4 2 and 7,c7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,klamath ,project ,water ,user ,the term ,klamath ,project ,water ,user means a ,klamath ,project contractor who is a party to the ,agreement4 2 and 7#b7 by adding at the end the following3 7d7 ,restoration ,activities 7#a7 ,in general ,the ,secretary may-- 7,a7 plan1 design1 construct1 operate1 and maintain projects in the ,klamath ,basin watershed1 including-- 7i7 facilities to reduce fish entrainment2 7ii7 projects that reduce or avoid impacts on aquatic resources of facilities involved in the storage or diversion of water for irrigation in the ,klamath ,project service area2 and 7iii7 projects that restore habitats in the ,klamath ,basin watershed1 including ,tribal fishery resources held in trust2 7,b7 undertake studies1 including feasibility studies1 and improvements that the ,secretary determines to be necessary to implement this subsection2 7,c7 in implementing this subsection1 enter into contracts1 memoranda of understanding1 financial assistance agreements1 cost-sharing agreements1 or other appropriate agreements with-- 7i7 ,state1 ,tribal1 and local governmental agencies2 and 7ii7 private parties2 and 7,d7 accept and expend non-,federal funds in order to facilitate implementation of this subsection4 7#b7 ,costs ,a covered contractor shall not bear any costs associated with any evaluation1 design1 construction1 replacement1 addition1 or extraordinary maintenance activities carried out under paragraph 7#a74 7e7 ,pumping ,plant ,d ,the ,secretary may enter into #a 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 subject to the condition that the cost results in public benefits to the ,united ,states4 7f7 ,link ,river ,dam and ,keno ,facility 7#a7 ,link ,river ,dam 7,a7 ,operation ,subject to applicable law1 the ,secretary shall operate ,link ,river ,dam to provide water for-- 7i7 diversion for the ,klamath ,project2 and 7ii7 consistent with existing contracts between covered contractors and the ,secretary1 flood control4 7,b7 ,responsibility for costs 7i7 ,in general ,notwithstanding any existing contracts and except as provided in clause 7ii71 covered contractors shall not be responsible for any cost associated with ,link ,river ,dam or any related land1 facilities1 dikes1 or levees around ,upper ,klamath ,lake1 including costs of construction1 extraordinary operation and maintenance1 rehabilitation1 betterment1 and liabilities4 7ii7 ,routine operations and maintenance work 7,i7 ,in general ,covered contractors shall be responsible for the appropriate share of routine operations and maintenance work associated with ,link ,river ,dam in accordance with the reclamation laws4 7,,ii7 ,allocation to fish and wildlife benefits ,the ,secretary may allocate a proportionate share of the costs under subclause 7,i7 to fish and wildlife benefits4 7#b7 ,keno facility 7,a7 ,in general ,the ,secretary shall operate the ,keno ,facility to maintain water levels upstream of ,keno ,dam to provide for diversion1 canal maintenance1 and flood control-- 7i7 consistent with-- 7,i7 the contract between the ,secretary and ,pacifi,corp numbered #ad-jf-bjj-cegi;,a and executed ,january #d1 #aifh2 and 7,,ii7 historic practice2 and 7ii7 subject to applicable law4 7,b7 ,costs ,a covered contractor shall not be responsible for any cost associated with the ,keno ,facility1 including any responsibilities to landowners upstream of ,keno ,dam1 including costs of construction1 operations1 maintenance1 rehabilitation1 betterment1 liabilities1 and any other costs4 7#c7 ,subsequent transfer or assignment of responsibility ,if the ,secretary subsequently transfers or assigns responsibility for the operation of ,link ,river ,dam or the ,keno ,dam or ,keno ,facility to any other person or entity1 the assignment or transfer shall include assignment of the obligations and conditions under paragraphs 7#a7 and 7#b74 4 7b7 ,administration2 effect 7#a7 ,compliance ,in implementing the amendments made by this section1 the ,secretary of the ,interior 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 ,none of the amendments made by this section-- 7,a7 modify any authority or obligation of the ,united ,states with respect to any ,tribal trust or treaty obligation of the ,united ,states2 7,b7 7i7 create or determine any water right2 or 7ii7 affect any water right or water right claim in existence on the date of enactment of this ,act2 or 7,c7 authorize the use of ,federal funds for the physical deconstruction of the ,iron ,gate1 ,copco #a1 ,copco #b1 or ,john ,c4 ,boyle ,dam located on the ,klamath ,river in the ,states of ,california and ,oregon4 ,november #ba1 #bjbd,reported with an amendment