[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Enrolled Bill (ENR)]

        H.R.2828

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
  To authorize payments to certain Klamath Project water distribution 
    entities for amounts assessed by the entities for operation and 
 maintenance of the Project's transferred works for 2001, to authorize 
     refunds to such entities of amounts collected by the Bureau of 
    Reclamation for reserved works for 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Klamath Basin Emergency Operation 
and Maintenance Refund Act of 2002''.

SEC. 2. QUALIFIED KLAMATH PROJECT ENTITY DEFINED.

    In this Act, the term ``qualified Klamath Project entity'' means an 
entity that--
        (1) has executed a water supply contract with the United States 
    for water from the Upper Klamath Lake and the Klamath River of the 
    Klamath Project pursuant to the reclamation laws, including the Act 
    of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or 
    supplementary thereto;
        (2) distributes water received under the contract;
        (3) received a severely limited irrigation supply from the 
    Upper Klamath Lake and the Klamath River based on the Bureau of 
    Reclamation 2001 annual operations plan dated April 6, 2001; and
        (4) was not reimbursed for its operation and maintenance 
    expenses for 2001 pursuant to State law.

SEC. 3. REFUND AND WAIVER OF ASSESSMENTS AND CHARGES FOR OPERATION AND 
              MAINTENANCE OF KLAMATH RECLAMATION PROJECT.

    (a) In General.--The Secretary of the Interior is authorized to pay 
to each qualified Klamath Project entity an amount equal to the amount 
assessed or charged to members of the qualified Klamath Project entity, 
or to other persons receiving water or drainage service from such an 
entity, for operation and maintenance of Klamath Project transferred 
and reserved works for 2001.
    (b) Conditions.--Payment under this section may be made to a 
qualified Klamath Project entity only after the entity has--
        (1) provided to the Secretary documentation satisfactory to the 
    Bureau of Reclamation, demonstrating the total amount assessed or 
    charged to members of the entity or to persons receiving service 
    from the entity; and
        (2) executed a binding agreement under which the funds paid to 
    the entity under this section shall be distributed to each member 
    of the entity or persons receiving service from the entity in an 
    amount equal to the amount collected by the entity from the member 
    or person for operation and maintenance for 2001.
    (c) Waiver of Remaining and Additional Charges.--The Secretary may 
waive any requirement that a qualified Klamath Project entity pay 
remaining or additional charges for operation and maintenance of 
Klamath Project reserved works for 2001.
    (d) Payments and Waivers for Individuals.--The Secretary--
        (1) may pay, to any individual within the Klamath Project who 
    holds a contract entered into pursuant to the Act of February 21, 
    1911 (36 Stat. 925; 43 U.S.C. 523-525), popularly known as the 
    ``Warren Act'', and who is not within a district that receives a 
    payment pursuant to subsection (a) and a waiver under subsection 
    (c), an amount equal to the amount collected from such individual 
    for operation and maintenance of Klamath Project reserved works for 
    2001; and
        (2) may forego collection from such individual of charges for 
    operation and maintenance of such works for the remainder of 2001.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Amounts not paid by a qualified Klamath Project entity to the 
Bureau of Reclamation for the operation and maintenance of the reserved 
works for 2001 shall be funded from the appropriations authorized by 
this Act. Costs incurred by the Bureau of Reclamation in carrying out 
this Act shall not be reimbursable.

SEC. 5. NO SUPPLEMENTAL OR ADDITIONAL BENEFIT.

    Activities under this Act or funded pursuant to this Act shall not 
be considered a supplemental or additional benefit under the Act of 
June 17, 1902 (82 Stat. 388), and all Acts amendatory thereof or 
supplementary thereto.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.