[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4329 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4329

  To amend the Klamath Basin Water Supply Enhancement Act of 2000 to 
            improve infrastructure, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2017

  Mr. Walden introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Klamath Basin Water Supply Enhancement Act of 2000 to 
            improve infrastructure, 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 Infrastructure Improvement 
Act''.

SEC. 2. KLAMATH PROJECT.

    (a) Addressing Water Management and Power Costs for Irrigation.--
The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-
114; Stat. 2221) is amended--
            (1) by redesignating sections 4 through 6 as sections 5 
        through 7, respectively; and
            (2) by inserting after section 3 the following:

``SEC. 4. POWER AND WATER MANAGEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Covered power use.--The term `covered power use' 
        means a use of power to develop or manage water from any source 
        for irrigation, wildlife purposes, or drainage on land that 
        is--
                    ``(A) associated with the Klamath Project, 
                including land within a unit of the National Wildlife 
                Refuge System that receives water due to the operation 
                of Klamath Project facilities; or
                    ``(B) irrigated by the class of users covered by 
                the agreement dated April 30, 1956, between the 
                California Oregon Power Company and Klamath Basin Water 
                Users Protective Association and within the Off Project 
                Area (as defined in the Upper Basin Comprehensive 
                Agreement entered into on April 18, 2014), only if each 
                applicable owner and holder of a possessory interest of 
                the land is a party to that agreement (or a successor 
                agreement that the Secretary determines provides a 
                comparable benefit to the United States).
            ``(2) Klamath project.--
                    ``(A) In general.--The term `Klamath Project' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon.
                    ``(B) Inclusions.--The term `Klamath Project' 
                includes any dams, canals, and other works and 
                interests for water diversion, storage, delivery, and 
                drainage, flood control, and similar functions that are 
                part of the project described in subparagraph (A).
            ``(3) 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 supply.
            ``(4) 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 Project, including Reclamation projects that--
                    ``(A) are located in the Pacific Northwest; and
                    ``(B) receive project-use power.
    ``(b) Water, Environmental, and Power Activities.--
            ``(1) In general.--Pursuant to the reclamation laws and 
        subject to appropriations and required environmental reviews, 
        the Secretary may carry out activities, including entering into 
        contracts or making financial assistance available through 
        cooperative agreements or otherwise--
                    ``(A) to plan, implement, and administer programs 
                to align water supplies and demand for irrigation water 
                users associated with the Klamath Project, with a 
                primary emphasis on programs developed or endorsed by 
                local entities comprised of representatives of those 
                water users;
                    ``(B) to plan and implement activities and projects 
                that--
                            ``(i) avoid or mitigate environmental 
                        effects of irrigation activities; or
                            ``(ii) restore habitats in the Klamath 
                        Basin watershed, including restoring tribal 
                        fishery resources held in trust; and
                    ``(C) to limit the net delivered cost of power for 
                covered power uses.
            ``(2) Effect.--Nothing in subparagraph (A) or (B) of 
        paragraph (1) authorizes the Secretary--
                    ``(A) to develop or construct new facilities for 
                the Klamath Project without appropriate approval from 
                Congress under section 9 of the Reclamation Projects 
                Act of 1939 (43 U.S.C. 485h); or
                    ``(B) to carry out activities that have not 
                otherwise been authorized.
    ``(c) Reducing Power Costs.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Klamath Infrastructure Improvement Act, 
        the Secretary, in consultation with interested irrigation 
        interests that are eligible for covered power use and 
        representative organizations of those interests, 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--
                    ``(A) identifies the power cost benchmark; and
                    ``(B) recommends actions, excluding direct payments 
                to persons making covered power uses or to other 
                entities for purposes of subsidizing power rates that, 
                in the judgment of the Secretary, 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 benchmark, including a description of--
                            ``(i) 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 term, 
                        while longer-term actions are being 
                        implemented;
                            ``(ii) to the extent actions involving the 
                        development or acquisition of power generation 
                        are included, actions that prioritize renewable 
                        energy technologies (including hydropower) and 
                        regional economic development;
                            ``(iii) the potential costs and timeline 
                        for the actions recommended under this 
                        subparagraph;
                            ``(iv) provisions for modifying the actions 
                        and timeline to adapt to new information or 
                        circumstances; and
                            ``(v) a description of public input 
                        regarding the proposed actions, including input 
                        from water users that have covered power use 
                        and the degree to which those water users 
                        concur with the recommendations.
            ``(2) Implementation.--Not later than 180 days after the 
        date of submission of the report under paragraph (1), 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 benchmark, subject to availability of 
        appropriations, on the fastest practicable timeline both as to 
        near-term actions and longer term actions. Implementation shall 
        continue consistent with the report and any updates to the 
        report developed under paragraph (3).
            ``(3) Subsequent reports.--The Secretary shall submit to 
        each Committee described in paragraph (1) reports describing 
        progress achieved in meeting the requirements of this 
        subsection, and any modifications or updates to the actions 
        developed under subsection (c)(1)(B). The reports shall be 
        submitted annually in each of the four years following 
        submission of the report under paragraph (1) and triennially 
        thereafter.
    ``(d) Treatment of Power Purchases.--
            ``(1) 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 5(b)(3) of the Pacific Northwest Electric Power 
        Planning and Conservation Act (16 U.S.C. 839c(b)(3)).
            ``(2) Effect.--Nothing in this section authorizes a sale of 
        power from the Federal Columbia River Power System at rates, 
        terms, or conditions better than those afforded preference 
        customers of the Bonneville Power Administration.
    ``(e) Goals.--The goals of activities under subsections (b) and (c) 
shall include, as applicable--
            ``(1) the short-term and long-term reduction and resolution 
        of conflicts relating to water in the Klamath Basin watershed; 
        and
            ``(2) compatibility and utility for protecting natural 
        resources throughout the Klamath Basin watershed, including the 
        protection, preservation, and restoration of Klamath River 
        tribal fishery resources, particularly through collaboratively 
        developed agreements.
    ``(f) 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 69 percent of the cost 
incurred by the Tulelake Irrigation District for the operation and 
maintenance of Pumping Plant D, on the condition that the cost benefits 
the United States.
    ``(g) Keno and Link River Dams.--The Secretary is authorized and 
directed to comply with, and adhere to the terms of, Attachment A to 
the 2016 Klamath Power and Facilities Agreement.''.
    (b) Conveyance of Non-Project Water; Replacement of C Canal.--
            (1) Definition of klamath project.--In this subsection:
                    (A) In general.--The term ``Klamath Project'' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon.
                    (B) Inclusions.--The term ``Klamath Project'' 
                includes any dams, canals, and other works and 
                interests for water diversion, storage, delivery, and 
                drainage, flood control, and similar functions that are 
                part of the project described in subparagraph (A).
            (2) Conveyance of non-project water.--
                    (A) In general.--An entity operating under a 
                contract entered into with the United States for the 
                operation and maintenance of Klamath Project works or 
                facilities, and an entity operating any work or 
                facility not owned by the United States that receives 
                Klamath Project water, may without further Federal 
                contract, permit, or other authorization, use any of 
                the Klamath Project works or facilities to convey non-
                Klamath Project water for any authorized purpose of the 
                Klamath Project, subject to subparagraphs (B) and (C).
                    (B) Permits; measurement.--An addition, conveyance, 
                and use of water pursuant to subparagraph (A) shall be 
                subject to the requirements that--
                            (i) the applicable entity shall secure all 
                        permits required under State or local laws; and
                            (ii) all water delivered into, or taken out 
                        of, a Klamath Project facility pursuant to that 
                        subparagraph shall be measured.
                    (C) Effect.--A use of non-Klamath Project water 
                under this paragraph shall not--
                            (i) adversely affect the delivery of water 
                        to any water user or land served by the Klamath 
                        Project; or
                            (ii) result in any additional cost to the 
                        United States.
            (3) Replacement of c canal flume.--The replacement of the C 
        Canal flume within the Klamath Project shall be considered to 
        be, and shall receive the treatment authorized for, qualified 
        emergency extraordinary operation and maintenance work 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.)). Accordingly, 
        upon request from Klamath Irrigation District, the Secretary of 
        the Interior shall, within 180 days of such request, enter into 
        a contract with Klamath Irrigation District, amendatory of 
        contract No. 16-WC-20-4838, providing that 35 percent of the 
        total Repayment Obligation is non-reimbursable and the 
        remaining 65 percent of the total Repayment Obligation shall be 
        repaid over a period of 50 years. Although the Secretary of the 
        Interior shall not condition its agreement to the amendatory 
        contract upon any other term, the amendatory contract may 
        include, but is not required to include, other terms that are 
        no less favorable to the contractor than 16-WC-20-4838.
    (c) Administration.--
            (1) Compliance.--In implementing this section and the 
        amendments made by this section, the Secretary shall comply 
        with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) all other applicable laws.
            (2) Effect.--Nothing in this section--
                    (A) modifies the authorities or obligations of the 
                United States with respect to the tribal trust and 
                treaty obligations of the United States;
                    (B) creates or determines water rights or affects 
                water rights or water right claims in existence on the 
                date of the enactment of this Act; or
                    (C) authorizes the use of Federal funds for the 
                physical deconstruction of the Iron Gate, Copco 1, 
                Copco 2, and John C. Boyle dams located on the Klamath 
                River in California and Oregon.
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