Klamath project water and power

(a)

Addressing water, power, and facilities management for irrigation

Section 4 of the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498) is amended by adding at the end the following:

(d)

Restoration activities

The Secretary may— (1)plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including— (A)facilities to reduce fish entrainment; (B)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 area; and (C)projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust; (2)undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection; (3)in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with— (A)State, Tribal, and local governmental agencies; and (B)private parties; and (4)accept and expend non-Federal funds in order to facilitate implementation of this subsection. (e)

Goals

The goals of activities under subsections (b) and (d) 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 1 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, subject to the condition that the cost results in benefits to the United States. (g)

Infrastructure

(1)

Keno and link river dams

The Secretary of the Interior shall comply with the terms of the agreement entitled 2016 Klamath Power and Facilities Agreement(Agreement), including Attachment A to the Agreement. (2)

Replacement of c canal flume

(A)

In general

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.)). (B)

Contract

(i)

In general

Not later than 180 days after the date of receipt of a request from the Klamath Irrigation District to enter into a contract with that district to amend the contract numbered 16–WC–20–4838, the Secretary shall enter into a contract with the Klamath Irrigation District providing that under the contract entered into under this subparagraph— (I)35 percent of the total repayment obligation is nonreimbursable to the United States; and (II)65 percent of the total repayment obligation shall be repaid to the United States over a period of 50 years. (ii)

Inclusion

Although the Secretary shall not condition the agreement to the contract entered into under subparagraph (A) on any other term, the contract may include other terms that are not less favorable to the contractor than contract numbered 16–WC–20–4838.

(b)

Administration; effect

(1)

Compliance

In implementing the amendments made by this section, the Secretary of the Interior 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

None of the amendments made by this section— (A)modify any authority or obligation of the United States with respect to any Tribal trust or treaty obligation of the United States; (B)create or determine any water right; or (C)affect any water right or water right claim in existence on the date of the enactment of this Act.