[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Reported in Senate (RS)]

                                                       Calendar No. 608
107th CONGRESS
  2d Session
                                H. R. 2828

                          [Report No. 107-289]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2001

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 17, 2002

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 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 2001''.

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.

            Passed the House of Representatives November 13, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 608

107th CONGRESS

  2d Session

                               H. R. 2828

                          [Report No. 107-289]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 17, 2002

                       Reported without amendment