[Congressional Record Volume 147, Number 156 (Tuesday, November 13, 2001)]
[House]
[Pages H8060-H8061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KLAMATH BASIN EMERGENCY OPERATION AND MAINTENANCE REFUND ACT OF 2001
Mr. WALDEN of Oregon. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 2828) to authorize refunds of amounts collected
from the Klamath Project irrigation and drainage districts for
operation and maintenance of the Project's transferred and reserved
works for water year 2001, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2828
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Oregon (Mr. Walden).
Mr. WALDEN of Oregon. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, H.R. 2828 gives hope to those people whose livelihoods
face ruin as a result of the Interior Department's decision to shut off
water to some 1,200 farm families of the Klamath Basin for the first
time in the nearly 100-year history of the Bureau of Reclamation's
Klamath Project.
Many of these farm families are proud veterans or descendants of
American veterans who wore our country's uniform and fought for
freedom. The Federal Government lured them to this basin with a promise
of water and land for life. They were encouraged by the Federal
Government to settle the land and to feed the country.
Last summer, without water, parched fields turned to dust and farm
families began to stare bankruptcy in the face. To make matters even
worse, these same farmers were paying for the operation and maintenance
of the myriad of canals and waterways this year, paying for a project
that would deliver them virtually no water. You know, in America you
should not have to pay for something you do not receive, and that is
where this legislation rights a wrong.
I want to thank the gentleman from Utah (Chairman Hansen) and the
ranking member, the gentleman from West Virginia (Mr. Rahall) for their
cooperation and support of this legislation. This measure results from
testimony at a field hearing we held earlier this year in Klamath
Falls. It is very much appreciated that we had that opportunity.
I also want to thank my colleagues, the gentleman from Oregon (Mr.
DeFazio) and the gentlewoman from Oregon (Ms. Hooley), for their
bipartisan cosponsorship and support of H.R. 2828. We continue to work
together to find real solutions to the very real and difficult problems
confronting the farmers, the tribes and the environment of the Klamath
Basin. Rest assured, in the months ahead we will continue to bring
legislation to address other very significant issues in this basin.
H.R. 2828 provides both a measure of fairness and a measure of
emergency relief. It authorizes the Bureau of Reclamation to return or
waive fees paid
[[Page H8061]]
by irrigation districts and, ultimately, by their patrons this year. It
puts money back in the hands of the farmers who so desperately need it.
H.R. 2828 will authorize the Secretary of Interior to pay each
qualified Klamath Project entity an amount of money that was assessed
them for operation and maintenance of the Klamath Project for 2001.
Section 2 defines the qualified Klamath Project as an entity that,
one, has a water supply contract with the Bureau of Reclamation for
water from the Upper Klamath Lake and Klamath River; two, distributes
water received under the water supply contract; and three, received a
severely limited supply based on the 2001 annual operations plan issued
April 6, 2001; and finally, four, did not already receive refund
payments.
{time} 1700
Mr. Speaker, this bill is the fair thing to do for the people who
have experienced such terrible hardship. I hope that all of my
colleagues can support this straightforward bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the pending legislation would enable the Secretary of
the Interior to waive or refund operation and maintenance payments for
certain irrigation districts which contract with the Bureau of
Reclamation for water from the Klamath Project. This measure is being
advanced because while many water districts have paid their operation
and maintenance expenses, due to drought conditions, they ultimately
did not receive water from the Klamath Project.
While I am not opposed to this bill, I do want to note for the record
that the United States has experienced additional expenses due to the
reaction of certain individuals to the drought-related reduction in
Klamath water deliveries. For instance, when the drought caused the
Interior Department to not deliver water, certain individuals took it
upon themselves to pry open the headgates of Klamath Lake to release
water. This has caused the Government to expend approximately $750,000
guarding the headgates of the Klamath Project from further acts of
lawlessness.
Certainly, these funds would have been better spent developing long-
term solutions to the water problems in the Klamath Basin.
For the time being, however, recognizing the hard work put into this
measure by the gentleman from Oregon (Mr. DeFazio) and the gentleman
from Oregon (Mr. Walden), I do urge its adoption.
Mr. Speaker, I have no further speakers, and I yield back the balance
of my time.
Mr. WALDEN of Oregon. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Oregon (Mr. Walden) that the House
suspend the rules and pass the bill, H.R. 2828, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill 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.''.
A motion to reconsider was laid on the table.
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