[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1851 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1851

To authorize the restoration of the Klamath Basin and the settlement of 
  the hydroelectric licensing of the Klamath Hydroelectric Project in 
accordance with the Klamath Basin Restoration Agreement and the Klamath 
   Hydroelectric Settlement Agreement in the public interest and the 
         interest of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2011

Mr. Merkley (for himself and Mrs. Boxer) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the restoration of the Klamath Basin and the settlement of 
  the hydroelectric licensing of the Klamath Hydroelectric Project in 
accordance with the Klamath Basin Restoration Agreement and the Klamath 
   Hydroelectric Settlement Agreement in the public interest and the 
         interest of the United States, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Klamath Basin 
Economic Restoration Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--RESTORATION AGREEMENT

Sec. 101. Approval and execution of Restoration Agreement.
Sec. 102. Agreements and non-Federal funds.
Sec. 103. Rights protected.
Sec. 104. Funding.
Sec. 105. Klamath Reclamation Project.
Sec. 106. Tribal commitments and actions.
Sec. 107. Judicial review.
Sec. 108. Miscellaneous.
                   TITLE II--HYDROELECTRIC SETTLEMENT

Sec. 201. Approval and execution of Hydroelectric Settlement.
Sec. 202. Secretarial determination.
Sec. 203. Facilities transfer and removal.
Sec. 204. Transfer of Keno Development.
Sec. 205. Liability protection.
Sec. 206. Licenses.
Sec. 207. Miscellaneous.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Dam removal entity.--The term ``Dam Removal Entity'' 
        means the entity designated by the Secretary pursuant to 
        section 202(c).
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Definite plan.--The term ``definite plan'' has the 
        meaning given the term in section 1.4 of the Hydroelectric 
        Settlement.
            (5) Detailed plan.--The term ``detailed plan'' has the 
        meaning given the term in section 1.4 of the Hydroelectric 
        Settlement.
            (6) Facility.--The term ``facility'' means any of the 
        following hydropower developments (including appurtenant works) 
        licensed to PacifiCorp under the Federal Power Act (16 U.S.C. 
        791a et seq.) as Project No. 2082:
                    (A) Iron Gate Development.
                    (B) Copco 1 Development.
                    (C) Copco 2 Development.
                    (D) J.C. Boyle Development.
            (7) Facilities removal.--The term ``facilities removal'' 
        means--
                    (A) physical removal of all or part of each 
                facility to achieve, at a minimum, a free-flowing 
                condition and volitional fish passage;
                    (B) site remediation and restoration, including 
                restoration of previously inundated land;
                    (C) measures to avoid or minimize adverse 
                downstream impacts; and
                    (D) all associated permitting for the actions 
                described in this paragraph.
            (8) Federally recognized tribe.--The term ``federally 
        recognized tribe'' means an Indian tribe listed as federally 
        recognized in--
                    (A) the Bureau of Indian Affairs publication 
                entitled ``Indian Entities Recognized and Eligible to 
                Receive Services from the United States Bureau of 
                Indian Affairs'' (74 Fed. Reg. 40218 (Aug. 11, 2009)); 
                or
                    (B) any list published in accordance with section 
                104 of the Federally Recognized Indian Tribe List Act 
                of 1994 (25 U.S.C. 479a-1).
            (9) Hydroelectric settlement.--
                    (A) In general.--The term ``Hydroelectric 
                Settlement'' means the agreement entitled ``Klamath 
                Hydroelectric Settlement Agreement,'' dated February 
                18, 2010, between--
                            (i) the Department;
                            (ii) the Department of Commerce;
                            (iii) the State of California;
                            (iv) the State of Oregon;
                            (v) PacifiCorp; and
                            (vi) other parties.
                    (B) Inclusions.--The term ``Hydroelectric 
                Settlement'' includes any amendments to the Agreement 
                described in subparagraph (A)--
                            (i) approved by the parties before the date 
                        of enactment of this Act; or
                            (ii) approved pursuant to section 
                        201(b)(2).
            (10) Keno development.--The term ``Keno Development'' means 
        the Keno regulating facility within the jurisdictional project 
        boundary of FERC Project No. 2082.
            (11) Klamath basin.--
                    (A) In general.--The term ``Klamath Basin'' means 
                the land tributary to the Klamath River in the States.
                    (B) Inclusions.--The term ``Klamath Basin'' 
                includes the Lost River and Tule Lake Basins.
            (12) Klamath project water users.--The term ``Klamath 
        Project Water Users'' means--
                    (A) the Tulelake Irrigation District;
                    (B) the Klamath Irrigation District;
                    (C) the Klamath Drainage District;
                    (D) the Klamath Basin Improvement District;
                    (E) the Ady District Improvement Company;
                    (F) the Enterprise Irrigation District;
                    (G) the Malin Irrigation District;
                    (H) the Midland District Improvement District;
                    (I) the Pioneer District Improvement Company;
                    (J) the Shasta View Irrigation District;
                    (K) the Sunnyside Irrigation District;
                    (L) Don Johnston & Son;
                    (M) Bradley S. Luscombe;
                    (N) Randy Walthall;
                    (O) the Inter-County Title Company;
                    (P) the Reames Golf and Country Club;
                    (Q) the Winema Hunting Lodge, Inc.;
                    (R) Van Brimmer Ditch Company;
                    (S) Plevna District Improvement Company; and
                    (T) Collins Products, LLC.
            (13) Net revenues.--
                    (A) In general.--The term ``net revenues'' has the 
                meaning given the term ``net lease revenues'' in 
                Article 1(e) of Contract No. 14-06-200-5954 between 
                Tulelake Irrigation District and the United States.
                    (B) Inclusions.--The term ``net revenues'' includes 
                revenues from the leasing of land in--
                            (i) the Tule Lake National Wildlife Refuge 
                        lying within the boundaries of the Tulelake 
                        Irrigation District; and
                            (ii) the Lower Klamath National Wildlife 
                        Refuge lying within the boundaries of the 
                        Klamath Drainage District.
            (14) Non-federal parties.--The term ``non-Federal Parties'' 
        means each of the signatories to the Restoration Agreement 
        other than the Secretaries.
            (15) Oregon klamath basin adjudication.--The term ``Oregon 
        Klamath Basin adjudication'' means the proceeding to determine 
        water rights pursuant to chapter 539 of Oregon Revised Statutes 
        entitled ``In the matter of the determination of the relative 
        rights of the waters of the Klamath River, a tributary of the 
        Pacific Ocean.''.
            (16) Pacificorp.--The term ``PacifiCorp'' means the owner 
        and licensee of the Klamath Hydroelectric Project, FERC Project 
        No. 2082.
            (17) Party.--The term ``Party'' means each of the 
        signatories to the Restoration Agreement, including the 
        Secretaries.
            (18) Party tribes.--The term ``Party Tribes'' means--
                    (A) the Yurok Tribe;
                    (B) the Karuk Tribe; and
                    (C) the Klamath Tribes.
            (19) Restoration agreement.--
                    (A) Restoration agreement.--The term ``Restoration 
                Agreement'' means the Agreement entitled ``Klamath 
                Basin Restoration Agreement for the Sustainability of 
                Public and Trust Resources and Affected Communities'' 
                dated February 18, 2010, which shall be on file and 
                available for public inspection in the appropriate 
                offices of the Secretaries.
                    (B) Inclusions.--The term ``Restoration Agreement'' 
                includes any amendments to the Agreement described in 
                subparagraph (A)--
                            (i) approved by the parties before the date 
                        of enactment of this Act; or
                            (ii) approved pursuant to section 
                        101(b)(2).
            (20) Secretarial determination.--The term ``Secretarial 
        determination'' means a determination of the Secretary made 
        under section 202(a).
            (21) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior or designee;
                    (B) the Secretary of Commerce or designee; and
                    (C) the Secretary of Agriculture or designee.
            (22) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (23) States.--The term ``States'' means--
                    (A) the State of Oregon; and
                    (B) the State of California.

                     TITLE I--RESTORATION AGREEMENT

SEC. 101. APPROVAL AND EXECUTION OF RESTORATION AGREEMENT.

    (a) In General.--The United States approves the Restoration 
Agreement except to the extent the Restoration Agreement conflicts with 
this title.
    (b) Signing and Implementation of the Restoration Agreement.--The 
Secretaries shall--
            (1) sign and implement the Restoration Agreement;
            (2) implement any amendment to the Restoration Agreement 
        approved by the Parties after the date of enactment of this 
        title, unless 1 or more of the Secretaries determines, not 
        later than 90 days after the date on which the non-Federal 
        Parties agree to the amendment, that the amendment is 
        inconsistent with this title or other provisions of law; and
            (3) to the extent consistent with the Restoration 
        Agreement, this title, and other provisions of law, perform all 
        actions necessary to carry out each responsibility of the 
        Secretary concerned under the Restoration Agreement.
    (c) Effect of Signing of Restoration Agreement.--Signature by the 
Secretaries of the Restoration Agreement does not constitute a major 
Federal action under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
    (d) Compliance With Existing Law.--In implementing the Restoration 
Agreement, the Secretaries shall comply with--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (3) all other applicable Federal environmental laws 
        (including regulations).

SEC. 102. AGREEMENTS AND NON-FEDERAL FUNDS.

    (a) Agreements.--The Secretaries may enter into such agreements and 
take such other measures (including entering into contracts and 
financial assistance agreements) as the Secretaries consider necessary 
to carry out this title.
    (b) Acceptance and Expenditure of Non-Federal Funds.--
            (1) In general.--Notwithstanding title 31, United States 
        Code, the Secretaries may accept and expend, without further 
        appropriation, non-Federal funds (including donations or in-
        kind services, or both) and accept by donation or otherwise 
        real or personal property or any interest in the property, for 
        the purposes of implementing the Restoration Agreement.
            (2) Use.--The funds may be expended, and the property used, 
        under paragraph (1) only for the purposes for which the funds 
        and property were provided, without further appropriation or 
        authority.

SEC. 103. RIGHTS PROTECTED.

    Notwithstanding any other provision of law, this Act and 
implementation of the Restoration Agreement shall not restrict or alter 
the eligibility of any Party or Indian tribe for or receipt of funds, 
or be considered an offset against any obligations or funds in 
existence on the date of enactment of this Act, under any Federal or 
State law.

SEC. 104. FUNDING.

    (a) Establishment of Accounts.--There are established in the 
Treasury for the deposit of appropriations and other funds (including 
non-Federal donated funds) the following noninterest-bearing accounts:
            (1) The On-Project Plan and Power for Water Management 
        Fund.
            (2) The Water Use Retirement and Off-Project Reliance Fund.
            (3) The Klamath Drought Fund.
    (b) Management.--The accounts established by subsection (a) shall 
be managed in accordance with this title and section 14.3 of the 
Restoration Agreement.
    (c) Budget Requests.--When submitting annual budget requests to 
Congress, the President may include funding described in Appendix C-2 
of the Restoration Agreement with such adjustment as the President 
considers appropriate to maintain timely implementation of the 
Restoration Agreement.
    (d) Nonreimbursable.--Except as provided in section 108(d), funds 
appropriated and expended for the implementation of the Restoration 
Agreement shall be nonreimbursable and nonreturnable to the United 
States.
    (e) Funds Available Until Expended.--All funds made available for 
the implementation of the Restoration Agreement shall remain available 
until expended.

SEC. 105. KLAMATH RECLAMATION PROJECT.

    (a) Klamath Reclamation Project Purposes.--The purposes of the 
Klamath Reclamation Project shall be irrigation, reclamation, flood 
control, municipal, industrial, power (as necessary to implement the 
Restoration Agreement), National Wildlife Refuge, and fish and 
wildlife.
    (b) Effect of Fish and Wildlife Purposes.--
            (1) In general.--Subject to paragraph (2), the fish and 
        wildlife and National Wildlife Refuge purposes of the Klamath 
        Reclamation Project shall not adversely affect the irrigation 
        purpose of the Klamath Reclamation Project.
            (2) Water allocations and delivery.--The provisions 
        regarding water allocations and delivery to the National 
        Wildlife Refuges in section 15.1.2 of the Restoration Agreement 
        (including any additional water made available under sections 
        15.1.2.E.ii and 18.3.2.B.v of the Restoration Agreement) shall 
        not be considered to have an adverse effect on the irrigation 
        purpose of the Klamath Reclamation Project.
    (c) Water Rights Adjudication.--Notwithstanding subsections (a) and 
(b), for purposes of the determination of water rights in Oregon 
Klamath Basin Adjudication, until Appendix E-1 to the Restoration 
Agreement has been filed in the Oregon Klamath Basin Adjudication, the 
1 or more purposes of the Klamath Reclamation Project shall continue as 
in existence prior to the date of enactment of this Act.
    (d) Disposition of Net Revenues From Leasing of Tule Lake and Lower 
Klamath National Wildlife Refuge Land.--Notwithstanding any other 
provision of law, net revenues from the leasing of refuge land within 
the Tule Lake National Wildlife Refuge and the Lower Klamath National 
Wildlife Refuge under section 4 of Public Law 88-567 (16 U.S.C. 695n) 
shall be provided, without further appropriation, as follows:
            (1) 10 percent of net revenues from land within the Tule 
        Lake National Wildlife Refuge that are within the boundaries of 
        Tulelake Irrigation District shall be provided to the Tulelake 
        Irrigation District in accordance with article 4 of Contract 
        No. 14-06-200-5954 and section 2(a) of the Act of August 1, 
        1956 (70 Stat. 799, chapter 828).
            (2) Such amounts as are necessary shall be used to make 
        payment to counties in lieu of taxes in accordance with section 
        3 of Public Law 88-567 (16 U.S.C. 695m).
            (3) 20 percent of net revenues shall be provided directly 
        to the United States Fish and Wildlife Service for wildlife 
        management purposes on the Tule Lake National Wildlife Refuge 
        and Lower Klamath National Wildlife Refuge.
            (4) 10 percent of net revenues from land within Lower 
        Klamath National Wildlife Refuge that are within the boundaries 
        of the Klamath Drainage District shall be provided directly to 
        Klamath Drainage District for operation and maintenance 
        responsibility for the Federal Reclamation water delivery and 
        drainage facilities within the boundaries of both Klamath 
        Drainage District and Lower Klamath National Wildlife Refuge 
        exclusive of the Klamath Straits Drain, subject to the 
        assumption by the Klamath Drainage District of the operation 
        and maintenance duties of the Bureau of Reclamation for Klamath 
        Drainage District (Area K) lease land exclusive of Klamath 
        Straits Drain.
            (5) The remainder of net revenues shall be provided 
        directly to the Bureau of Reclamation for--
                    (A) operation and maintenance costs of Link River 
                and Keno Dams incurred by the United States; and
                    (B) to the extent that the revenues received under 
                this paragraph for any year exceed the costs described 
                in subparagraph (A), future capital costs of the 
                Klamath Reclamation Project.

SEC. 106. TRIBAL COMMITMENTS AND ACTIONS.

    (a) Actions by the Klamath Tribes.--In return for the resolution of 
the contests of the Klamath Project Water Users related to the water 
rights claims of the Klamath Tribes and of the United States acting in 
a capacity as trustee for the Klamath Tribes and members of the Klamath 
Tribes in the Oregon Klamath Basin Adjudication and for other benefits 
covered by the Restoration Agreement and this Act, the Klamath Tribes 
(on behalf of the Klamath Tribes and members of the Klamath Tribes) are 
authorized to make the commitments in the Restoration Agreement, 
including the assurances contained in section 15 of the Restoration 
Agreement, and such commitments are confirmed as effective and binding 
in accordance with the terms of the commitments without further action 
by the Klamath Tribes.
    (b) Actions by the Karuk Tribe and the Yurok Tribe.--In return for 
the commitments of the Klamath Project Water Users related to water 
rights of the Karuk Tribe and the Yurok Tribe as described in the 
Restoration Agreement and for other benefits covered by the Restoration 
Agreement and this Act, the Karuk Tribe and the Yurok Tribe (on behalf 
of those Tribes and members of those Tribes) are authorized to make the 
commitments provided in the Restoration Agreement, including the 
assurances contained in section 15 of the Restoration Agreement, and 
such commitments are confirmed as effective and binding in accordance 
with the terms of the commitments without further action by the Yurok 
Tribe or the Karuk Tribe.
    (c) Release of Claims Against the United States.--
            (1) In general.--Without affecting rights secured by 
        treaty, Executive order, or other law, the Party Tribes (on 
        behalf of the Party Tribes and members of the Party Tribes) may 
        relinquish and release certain claims against the United 
        States, Federal agencies, or Federal employees, described in 
        sections 15.3.5.A, 15.3.6.B.i and 15.3.7.B.i of the Restoration 
        Agreement.
            (2) Conditions.--The relinquishments and releases shall not 
        be in force or effect until the terms described in sections 
        15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, and 33.2.1 of the 
        Restoration Agreement have been fulfilled.
    (d) Retention of Rights of the Party Tribes.--Notwithstanding the 
commitments and releases described in subsections (a) through (c), the 
Party Tribes and the members of the Party Tribes shall retain all 
claims described in sections 15.3.5.B, 15.3.6.B.ii and 15.3.7.B.ii of 
the Restoration Agreement.
    (e) Tolling of Claims.--
            (1) In general.--Subject to paragraph (2), the period of 
        limitation and time-based equitable defense relating to a claim 
        described in subsection (c) shall be tolled during the period--
                    (A) beginning on the date of enactment of this Act; 
                and
                    (B) ending on the earlier of--
                            (i) the date the Secretary publishes the 
                        notice described in sections 15.3.5.C, 
                        15.3.6.B.iii and 15.3.7.B.iii of the 
                        Restoration Agreement; or
                            (ii) December 1, 2030.
            (2) Effect of tolling.--Nothing in this subsection--
                    (A) revives any claim or tolls any period of 
                limitation or time-based equitable defense that expired 
                before the date of enactment of this Act; or
                    (B) precludes the tolling of any period of 
                limitations or any time-based equitable defense under 
                any other applicable law.
    (f) Actions of the United States Acting in Capacity as Trustee.--In 
return for the commitments of the Klamath Project Water Users relating 
to the water rights and water rights claims of federally recognized 
tribes of the Klamath Basin and of the United States as trustee for 
such tribes and other benefits covered by the Restoration Agreement and 
this Act, the United States, as trustee on behalf of the federally 
recognized tribes of the Klamath Basin and allottees of reservations of 
federally recognized tribes of the Klamath Basin in California, is 
authorized to make the commitments provided in the Restoration 
Agreement, including the assurances contained in section 15 of the 
Restoration Agreement, and such commitments are confirmed as effective 
and binding in accordance with the terms of the commitments, without 
further action by the United States.
    (g) Further Agreements.--The United States and the Klamath Tribes 
may enter into agreements consistent with section 16.2 of the 
Restoration Agreement.
    (h) Effect of Section.--Nothing in this section--
            (1) affects the ability of the United States to take 
        actions--
                    (A) authorized by law to be taken in the sovereign 
                capacity of the United States, including any laws 
                relating to health, safety, or the environment, 
                including--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iv) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.); and
                            (v) regulations implementing the Acts 
                        described in this subparagraph;
                    (B) as trustee for the benefit of federally 
                recognized tribes other than the federally recognized 
                tribes of the Klamath Basin;
                    (C) as trustee for the federally recognized tribes 
                of the Klamath Basin and the members of the tribes that 
                are consistent with the Restoration Agreement and this 
                title;
                    (D) as trustee for the Party Tribes to enforce the 
                Restoration Agreement and this title through such legal 
                and equitable remedies as may be available in the 
                appropriate Federal or State court or administrative 
                proceeding, including the Oregon Klamath Basin 
                Adjudication;
                    (E) as trustee for the federally recognized tribes 
                of the Klamath Basin to acquire water rights after the 
                effective date of the Restoration Agreement (as defined 
                in section 1.5.1 of the Restoration Agreement);
                    (F) as trustee for the federally recognized tribes 
                of the Klamath Basin to use and protect water rights, 
                including water rights acquired after the effective 
                date of the Restoration Agreement (as defined in 
                section 1.5.1 of the Restoration Agreement), subject to 
                the Restoration Agreement; or
                    (G) as trustee for the federally recognized tribes 
                of the Klamath Basin to claim water rights or continue 
                to advocate for existing claims for water rights in 
                appropriate Federal and State courts or administrative 
                proceedings with jurisdiction over the claims, subject 
                to the Restoration Agreement;
            (2) affects the treaty fishing, hunting, trapping, 
        pasturing, or gathering rights of any Indian tribe except to 
        the extent expressly provided in this title or the Restoration 
        Agreement; or
            (3) affects any rights, remedies, privileges, immunities, 
        and powers, and claims not specifically relinquished and 
        released under, or limited by, this title or the Restoration 
        Agreement.
    (i) Publication of Notice; Effect of Publication.--
            (1) Publication.--The Secretary shall publish the notice 
        required by section 15.3.4.A or section 15.3.4.C of the 
        Restoration Agreement in accordance with the Restoration 
        Agreement.
            (2) Effect.--On publication of the notice described in 
        paragraph (1), the Party Tribes, the United States as trustee 
        for the federally recognized tribes of the Klamath Basin, and 
        other Parties shall have the rights and obligations provided in 
        the Restoration Agreement.
    (j) Fisheries Programs.--Consistent with section 102(a), the 
Secretaries shall give priority to qualified Party Tribes in awarding 
grants, contracts, or other agreements, consistent with section 102, 
for purposes of implementing the fisheries programs described in part 
III of the Restoration Agreement.
    (k) Tribes Outside Klamath Basin Unaffected.--Nothing in this Act 
or the Restoration Agreement affects the rights of any Indian tribe 
outside the Klamath Basin.
    (l) Nonparty Tribes of the Klamath Basin Unaffected.--Nothing in 
this Act or the Restoration Agreement amends, alters, or limits the 
authority of the federally recognized tribes of the Klamath Basin, 
other than the Party Tribes, to exercise any water rights the tribes 
hold or may be determined to hold.

SEC. 107. JUDICIAL REVIEW.

    Judicial review of a decision of the Secretary concerning rights or 
obligations under sections 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 
15.3.8.B, and 15.3.9 of the Restoration Agreement shall be in 
accordance with the standard and scope of review under subchapter II of 
chapter 5, and chapter 7, of title 5, United States Code (commonly 
known as the ``Administrative Procedure Act'').

SEC. 108. MISCELLANEOUS.

    (a) Water Rights.--
            (1) In general.--Except as specifically provided in this 
        title and the Restoration Agreement, nothing in this title or 
        the Restoration Agreement shall create or determine water 
        rights or affect water rights or water right claims in 
        existence on the date of enactment of this Act.
            (2) No standard for quantification.--Nothing in this title 
        or the Restoration Agreement establishes any standard for the 
        quantification of Federal reserved water rights or any Indian 
        water claims of any Indian tribe in any judicial or 
        administrative proceeding.
    (b) Limitations.--
            (1) In general.--Nothing in this title--
                    (A) confers on any person or entity who is not a 
                party to the Restoration Agreement a private right of 
                action or claim for relief to interpret or enforce this 
                title or the Restoration Agreement; or
                    (B) expands the jurisdiction of State courts to 
                review Federal agency actions or determine Federal 
                rights.
            (2) Effect.--This subsection does not alter or curtail any 
        right of action or claim for relief under other applicable law.
    (c) Relationship to Certain Other Federal Law.--
            (1) In general.--Nothing in this title amends, supersedes, 
        modifies, or otherwise affects--
                    (A) Public Law 88-567 (16 U.S.C. 695k et seq.);
                    (B) the National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.);
                    (C) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (D) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); or
                    (E) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
            (2) Consistency.--The Restoration Agreement shall be 
        considered consistent with subsections (a) through (c) of 
        section 208 of the Act of July 10, 1952 (66 Stat. 560, chapter 
        651; 43 U.S.C. 666).
    (d) Termination of Restoration Agreement.--If the Restoration 
Agreement terminates--
            (1) any appropriated Federal funds provided to a Party by 
        the Secretaries that are unexpended at the time of the 
        termination of the Restoration Agreement shall be returned to 
        the Treasury; and
            (2) any appropriated Federal funds provided to a Party by 
        the Secretaries shall be treated as an offset against any claim 
        for damages by the Party arising under the Restoration 
        Agreement.
    (e) Willing Sellers.--Any acquisition of interests in land and 
water pursuant to this title or the Restoration Agreement shall be from 
willing sellers.

                   TITLE II--HYDROELECTRIC SETTLEMENT

SEC. 201. APPROVAL AND EXECUTION OF HYDROELECTRIC SETTLEMENT.

    (a) In General.--The United States approves the Hydroelectric 
Settlement, except to the extent the Hydroelectric Settlement conflicts 
with this title.
    (b) Implementation.--The Secretary, the Secretary of Commerce, and 
the Commission, or designees, shall implement, in consultation with 
other applicable Federal agencies--
            (1) the Hydroelectric Settlement; and
            (2) any amendment to the Hydroelectric Settlement, unless 1 
        or more of the Secretaries determines, not later than 90 days 
        after the date the non-Federal Parties agree to the amendment, 
        that the amendment is inconsistent with this title.

SEC. 202. SECRETARIAL DETERMINATION.

    (a) In General.--The Secretary shall determine, consistent with 
section 3 of the Hydroelectric Settlement, whether to proceed with 
facilities removal and may determine to proceed with facilities removal 
if, as determined by the Secretary, facilities removal--
            (1) will advance restoration of the salmonid fisheries of 
        the Klamath Basin; and
            (2) is in the public interest, taking into account 
        potential impacts on affected local communities and federally 
        recognized Indian tribes among other factors.
    (b) Basis for Secretarial Determination.--To support the 
Secretarial determination, the Secretary, in cooperation with the 
Secretary of Commerce and other entities, shall--
            (1) use existing information;
            (2) conduct any necessary further appropriate studies;
            (3) prepare an environmental document under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (4) take such other actions as the Secretary determines to 
        be appropriate.
    (c) Designation of Dam Removal Entity.--
            (1) In general.--If the Secretarial determination provides 
        for proceeding with facilities removal, the Secretarial 
        determination shall include the designation of a Dam Removal 
        Entity.
            (2) Requirements.--
                    (A) In general.--Subject to subparagraph (B), the 
                Dam Removal Entity designated by the Secretary shall be 
                the Department if the Secretary determines, in the 
                judgment of the Secretary, that--
                            (i) the Department has the capabilities and 
                        responsibilities for facilities removal 
                        described in section 7 of the Hydroelectric 
                        Settlement; and
                            (ii) it is appropriate for the Department 
                        to be the Dam Removal Entity.
                    (B) Non-federal dam removal entity.--As determined 
                by the Secretary consistent with section 3.3.4.E of the 
                Hydroelectric Settlement, the Secretary may designate a 
                non-Federal Dam Removal Entity if--
                            (i) the Secretary finds, based on the 
                        judgment of the Secretary, that the Dam Removal 
                        Entity-designate is qualified and has the 
                        capabilities and responsibilities for 
                        facilities removal described in section 7 of 
                        the Hydroelectric Settlement;
                            (ii) the States have concurred in the 
                        finding described in clause (i); and
                            (iii) the Dam Removal Entity-designate has 
                        committed, if so designated, to perform 
                        facilities removal within the State Cost Cap 
                        described in section 4.1.3 of the Hydroelectric 
                        Settlement.
    (d) Conditions for Secretarial Determination.--The Secretary may 
not make or publish the Secretarial determination, unless the 
conditions specified in section 3.3.4 of the Hydroelectric Settlement 
have been satisfied.
    (e) Notice.--The Secretary shall--
            (1) publish notification of the Secretarial determination 
        in the Federal Register; and
            (2) 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 on implementation of the 
        Hydroelectric Settlement.
    (f) Judicial Review of Secretarial Determination.--
            (1) In general.--For purposes of judicial review, the 
        Secretarial determination shall constitute a final agency 
        action with respect to whether or not to proceed with 
        facilities removal.
            (2) Petition for review.--
                    (A) Filing.--
                            (i) In general.--Judicial review of the 
                        Secretarial determination and related actions 
                        to comply with environmental laws (including 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.), the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.), 
                        and the National Historic Preservation Act (16 
                        U.S.C. 470 et seq.)) may be obtained by an 
                        aggrieved person or entity only as provided in 
                        this subsection.
                            (ii) 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 Appeals.
                            (iii) Limitation.--Neither a district court 
                        of the United States nor a State court shall 
                        have jurisdiction to review the Secretarial 
                        determination or related actions to comply with 
                        environmental laws described in clause (i).
                    (B) Deadline.--
                            (i) In general.--Except as provided in 
                        clause (ii), any petition for review under this 
                        subsection shall be filed within 60 days after 
                        the date of publication of the Secretarial 
                        determination in the Federal Register.
                            (ii) Subsequent grounds.--If a petition is 
                        based solely on grounds arising after the date 
                        that is 60 days after the date of publication 
                        of the Secretarial determination in the Federal 
                        Register, the petition for review under this 
                        subsection shall be filed not later than 60 
                        days after the grounds arise.
            (3) 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 Secretarial determination 
        or in proceedings for enforcement of the Hydroelectric 
        Settlement.
            (4) Applicable standard and scope.--Judicial review of the 
        Secretarial determination shall be in accordance with the 
        standard and scope of review under subchapter II of chapter 5, 
        and chapter 7, of title 5, United States Code (commonly known 
        as the ``Administrative Procedure Act'').
            (5) Non-tolling.--The filing of a petition for 
        reconsideration by the Secretary of an action subject to review 
        under this subsection shall not--
                    (A) affect the finality of the action for purposes 
                of judicial review;
                    (B) extend the time within which a petition for 
                judicial review under this subsection may be filed; or
                    (C) postpone the effectiveness of the action.

SEC. 203. FACILITIES TRANSFER AND REMOVAL.

    (a) Facilities Removal Process.--
            (1) Application.--This subsection shall apply if--
                    (A) the Secretarial determination provides for 
                proceeding with facilities removal;
                    (B) the States concur in the Secretarial 
                determination in accordance with section 3.3.5 of the 
                Hydroelectric Settlement;
                    (C) the availability of non-Federal funds for the 
                purposes of facilities removal is consistent with the 
                Hydroelectric Settlement; and
                    (D) the Hydroelectric Settlement has not terminated 
                in accordance with section 8.11 of the Hydroelectric 
                Settlement.
            (2) Non-federal funds.--
                    (A) In general.--Notwithstanding title 31, United 
                States Code, if the Department is designated as the Dam 
                Removal Entity, the Secretary may accept, expend 
                without further appropriation, and manage non-Federal 
                funds for the purpose of facilities removal in 
                accordance with sections 4 and 7 of the Hydroelectric 
                Settlement.
                    (B) Refund.--The Secretary is authorized to 
                administer and refund any funds described in 
                subparagraph (A) received from the State of California 
                in accordance with the requirements established by the 
                State.
            (3) Agreements.--The Dam Removal Entity may enter into 
        agreements and contracts as necessary to assist in the 
        implementation of the Hydroelectric Settlement.
            (4) Facilities removal.--
                    (A) In general.--The Dam Removal Entity shall, 
                consistent with the Hydroelectric Settlement--
                            (i) develop a definite plan for facilities 
                        removal, including a schedule for facilities 
                        removal;
                            (ii) obtain all permits, authorizations, 
                        entitlements, certifications, and other 
                        approvals necessary to implement facilities 
                        removal, including a permit under section 404 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1344); and
                            (iii) implement facilities removal.
                    (B) State and local laws.--Facilities removal shall 
                be subject to applicable requirements of State and 
                local laws respecting permits and other authorizations, 
                to the extent the requirements are not in conflict with 
                Federal law, including the Secretarial determination 
                and the detailed plan (including the schedule) for 
                facilities removal authorized under this Act.
                    (C) Limitations.--Subparagraph (B) shall not 
                affect--
                            (i) the authorities of the States regarding 
                        concurrence with the Secretarial determination 
                        in accordance with State law; or
                            (ii) the authority of a State public 
                        utility commission regarding funding of 
                        facilities removal.
                    (D) Acceptance of title to facilities.--The Dam 
                Removal Entity is authorized to accept from PacifiCorp 
                all rights, titles, permits, and other interests in the 
                facilities and associated land, for facilities removal 
                and for disposition of facility land (as provided in 
                section 7.6.4 of the Hydroelectric Settlement) upon the 
                Dam Removal Entity providing notice that the Dam 
                Removal Entity is ready to commence facilities removal 
                in accordance with section 7.4.1 of the Hydroelectric 
                Settlement.
                    (E) Continued power generation.--
                            (i) In general.--In accordance with an 
                        agreement negotiated under clause (ii), on 
                        transfer of title pursuant to subparagraph (D) 
                        and until the Dam Removal Entity instructs 
                        PacifiCorp to cease the generation of power, 
                        PacifiCorp may, consistent with State law--
                                    (I) continue generating and 
                                retaining title to any power generated 
                                by the facilities in accordance with 
                                section 7 of the Hydroelectric 
                                Settlement; and
                                    (II) continue to transmit and use 
                                the power for the benefit of the 
                                customers of PacifiCorp under the 
                                jurisdiction of applicable State public 
                                utility commissions and the Commission.
                            (ii) Agreement with dam removal entity.--
                        Before transfer of title pursuant to 
                        subparagraph (D), the Dam Removal Entity shall 
                        enter into an agreement with PacifiCorp that 
                        provides for continued generation of power in 
                        accordance with clause (i).
    (b) 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 authorizations, and of 
State and local actions pursuant to those laws, with the Secretarial 
determination and the detailed plan (including the schedule) for 
facilities removal authorized under this title.
    (c) No Private Right of Action.--
            (1) In general.--Nothing in this title confers on any 
        person or entity not a party to the Hydroelectric Settlement a 
        private right of action or claim for relief to interpret or 
        enforce this title or the Hydroelectric Settlement.
            (2) Other law.--This subsection does not alter or curtail 
        any right of action or claim for relief under any other 
        applicable law.

SEC. 204. TRANSFER OF KENO DEVELOPMENT.

    (a) In General.--The Secretary shall accept the transfer of title 
in the Keno Development to the United States in accordance with section 
7.5 of the Hydroelectric Settlement.
    (b) Effect of Transfer.--On the transfer and without further action 
by Congress--
            (1) the Keno Development shall--
                    (A) become part of the Klamath Reclamation Project; 
                and
                    (B) be operated and maintained in accordance with 
                Federal reclamation law (the Act of June 17, 1902 (32 
                Stat. 388, chapter 1093), and Acts supplemental to and 
                amendatory of that Act (43 U.S.C. 371 et seq.) and this 
                Act; and
            (2) Commission jurisdiction over the Keno Development shall 
        terminate.

SEC. 205. LIABILITY PROTECTION.

    (a) PacifiCorp.--Notwithstanding any other Federal, State, local, 
or other law (including common law), PacifiCorp shall not be liable for 
any harm to persons, property, or the environment, or damages resulting 
from either facilities removal or facility operation, arising from, 
relating to, or triggered by actions associated with facilities 
removal, including but not limited to any damage caused by the release 
of any material or substance, including but not limited to hazardous 
substances.
    (b) Funding.--Notwithstanding any other Federal, State, local, or 
other law, no person or entity contributing funds for facilities 
removal pursuant to the Hydroelectric Settlement shall be held liable, 
solely by virtue of that funding, for any harm to persons, property, or 
the environment, or damages arising from either facilities removal or 
facility operation, arising from, relating to, or triggered by actions 
associated with facilities removal, including any damage caused by the 
release of any material or substance, including hazardous substances.
    (c) Preemption.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding section 10(c) of the Federal Power Act (16 
        U.S.C. 803(c)), protection from liability under this section 
        preempts the laws of any State to the extent the laws are 
        inconsistent with this title.
            (2) Other provisions of law.--This title does not limit any 
        otherwise available immunity, privilege, or defense under any 
        other provision of law.
    (d) Application.--Liability protection under this section shall 
apply to any particular facility beginning on the date of transfer of 
title to that facility from PacifiCorp to the Dam Removal Entity.

SEC. 206. LICENSES.

    (a) Annual Licenses.--
            (1) In general.--The Commission shall issue annual licenses 
        authorizing PacifiCorp to continue to operate the facilities 
        until PacifiCorp transfers title to all of the facilities.
            (2) Termination.--The annual licenses shall terminate with 
        respect to a facility on transfer of title for such facility 
        from PacifiCorp to the Dam Removal Entity.
            (3) Staged removal.--
                    (A) In general.--On transfer of title of any 
                facility by PacifiCorp to the Dam Removal Entity, 
                annual license conditions shall no longer be in effect 
                with respect to such facility.
                    (B) Nontransfer of title.--Annual license 
                conditions shall remain in effect with respect to any 
                facility for which PacifiCorp 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 facility.
    (b) Jurisdiction.--The jurisdiction of the Commission under part I 
of the Federal Power Act (16 U.S.C. 791a et seq.) shall terminate with 
respect to a facility on the transfer of title for the facility from 
PacifiCorp to the Dam Removal Entity.
    (c) Relicensing.--
            (1) In general.--The Commission shall--
                    (A) stay the proceeding of the Commission on the 
                pending license application of PacifiCorp for Project 
                No. 2082 as long as the Hydroelectric Settlement 
                remains in effect; and
                    (B) resume the proceeding and proceed to take final 
                action on the new license application only if the 
                Hydroelectric Settlement terminates pursuant to section 
                8.11 of the Hydroelectric Settlement.
            (2) Termination.--
                    (A) In general.--Subject to subparagraph (B), if 
                the Hydroelectric Settlement is terminated, the 
                Secretarial determination under section 202(a) and 
                findings of fact contained in the Secretarial 
                determination shall not be admissible or otherwise 
                relied on in the proceedings of the Commission on the 
                new license application.
                    (B) Limitations.--If the Hydroelectric Settlement 
                is terminated, the Commission, in proceedings on the 
                new license application, shall not be bound by the 
                record, findings, or determination of the Secretary 
                under this section.
    (d) East Side and West Side Developments.--On filing by PacifiCorp 
of an application for surrender of the East Side and West Side 
Developments in Project No. 2082, the Commission shall issue an order 
approving partial surrender of the license for Project No. 2082, 
including any reasonable and appropriate conditions, as provided in 
section 6.4.1 of the Hydroelectric Settlement.
    (e) Fall Creek.--Notwithstanding subsection (b), not later than 60 
days after the date of the transfer of the Iron Gate Facility to the 
Dam Removal Entity, the Commission shall resume timely consideration of 
the pending licensing application for the Fall Creek development 
pursuant to the Federal Power Act (16 U.S.C. 791a et seq.), regardless 
of whether PacifiCorp retains ownership of Fall Creek or transfers 
ownership to a new licensee.
    (f) Iron Gate Hatchery.--Notwithstanding section 8 of the Federal 
Power Act (16 U.S.C. 801), the PacifiCorp Hatchery Facilities within 
the State of California shall be transferred to the State of California 
at the time of transfer to the dam removal entity of the Iron Gate 
Hydro Development or such other time agreed by the Parties to the 
Hydroelectric Settlement.
    (g) Transfers of Facilities.--Notwithstanding section 8 of the 
Federal Power Act (16 U.S.C. 801), the transfer of PacifiCorp 
facilities to a non-Federal dam removal entity consistent with the 
Hydroelectric Settlement and this title is authorized.

SEC. 207. MISCELLANEOUS.

    (a) Water Rights.--Except as specifically provided in this title 
and the Hydroelectric Settlement, nothing in this title or the 
Hydroelectric Settlement shall create or determine water rights or 
affect water rights or water right claims in existence on the date of 
enactment of this Act.
    (b) Tribal Rights.--Nothing in this title affect the rights of any 
Indian tribe secured by treaty, Executive order, or other law of the 
United States.
    (c) Relationship to Other Federal Laws.--Nothing in this title 
amends, supersedes, modifies or otherwise affects--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); or
            (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.), except to the extent section 203 of this Act requires 
        a permit under section 404 of that Act (33 U.S.C. 1344) 
        notwithstanding section 404(r) of that Act (33 U.S.C. 1344(r)).
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