[House Report 118-847]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-847
======================================================================
KLAMATH BASIN WATER AGREEMENT SUPPORT ACT OF
2024
_______
December 10, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 7938]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 7938) to amend the Klamath Basin Water Supply
Enhancement Act of 2000 to provide the Secretary of the
Interior with certain authorities with respect to projects
affecting the Klamath Basin watershed, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Klamath Basin Water Agreement Support
Act of 2024''.
SEC. 2. 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.
Purpose of the Legislation
The purpose of H.R. 7938 is to amend the Klamath Basin
Water Supply Enhancement Act of 2000 to provide the Secretary
of the Interior with certain authorities with respect to
projects affecting the Klamath Basin watershed, and for other
purposes.
Background and Need for Legislation
The Klamath River basin covers southern Oregon and northern
California, encompassing 12,000 square miles.\1\ The basin's
water allocation and species protection have generated conflict
among farmers, Indian tribes, fishermen, water project and
wildlife refuge managers, environmental groups, hydropower
facility operators, and state and local governments.
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\1\NOAA Fisheries, ``Klamath River Basin''. https://
www.fisheries.noaa.gov/west-coast/habitat-conservation/klamath-river-
basin.
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Multiple people and species rely on Klamath basin waters.
Irrigated agriculture in the Upper Klamath Basin is partially
supported by water from Reclamation's Klamath Project and
partially by off-project supplies.\2\ Further, six national
wildlife refuges rely on basin waters to sustain migratory bird
habitat, and several Native American tribes historically
depended on lower and upper basin fish species.
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\2\U.S. Bureau of Reclamation, Klamath Project. https://
www.usbr.gov/projects/index.php?id=470.
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There are two species of upper basin fish currently listed
as endangered under the Endangered Species Act (ESA; 16 U.S.C.
Sec. 1531 et seq.)--the Lost River sucker and the shortnose
sucker. In the lower basin, the coho salmon is listed as
threatened. Conflicts in the basin first came to a head in
2001, when, because of previous biological opinions,
Reclamation severely curtailed water deliveries to the Klamath
Project to provide more water for endangered fish.\3\
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\3\Jeff Barnard, ``Convoy arrives in Klamath Falls to protest water
shutoff''. Arizona Daily Sun, 8/21/01. https://azdailysun.com/convoy-
arrives-in-klamath-falls-to-protest-water-shutoff/
article_f583e6a0-044b-5e63-8510-6574970fd454.html.
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The basin contains seven dams on the Klamath River and its
tributaries, built between 1903 and 1958.\4\ Six of these dams
were owned by PacifiCorp.\5\ These dams are known collectively
as the Klamath Hydroelectric Project (KHP). Historically, only
one dam has produced hydroelectric power for the basin,
including low-cost power for Klamath Project irrigators. The
original Federal Energy Regulatory Commission (FERC) license to
operate the KHP expired in 2006. In 2004, PacifiCorp applied
for relicensing of the project,\6\ and in 2007, FERC staff
issued a final environmental impact statement for the
application.\7\ FERC recommended a new license with mandatory
prescriptions to create fish ladders, which was projected to
cost hundreds of millions of dollars to implement and result in
net operating losses for the project.\8\
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\4\Klamath Hydroelectric Project--FERC No. 2082, Request for
Determination of Eligibility. October 2003. https://www.pacificorp.com/
content/dam/pcorp/documents/en/pacificorp/energy/hydro/klamath-river/
relicensing/klamath-final-license-application/
Exhibit_E_Appendices_E_6E_
Request_for_Determination_of_Eligibility_Text.pdf.
\5\Id.
\6\FERC (Federal Energy Regulatory Commission). 2007. Final
Environmental Impact Statement for Hydropower License, Klamath
Hydroelectric Project, FERC Project No. 2082-027, FERC/EIS-0201F.
Washington, D.C., Federal Energy Regulatory Commission, Office of
Energy Projects, Division of Hydropower Licensing. https://
www.ferc.gov/industries/hydropower/enviro/eis/2007/11-16-07.asp.
\7\Id.
\8\CRS, In Focus: Klamath River Dam Removal and Restoration, March
3, 2022. https://crsreports.congress.gov/product/pdf/IF/IF11616.
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In 2010, the Secretary of the Interior, the Governors of
Oregon and California, PacifiCorp, and other parties announced
two interrelated settlement agreements intended to resolve
long-standing issues in the basin: the Klamath Basin
Restoration Agreement (KBRA) and the Klamath Hydroelectric
Settlement Agreement (KHSA).\9\ The KBRA proposed actions to
restore Klamath fisheries and assurances for water deliveries
to wildlife refuges and project irrigators, among other
things.\10\ The KHSA laid out a removal process that required a
secretarial determination and the transfer of the dams to the
Department of the Interior (DOI), which would oversee
decommissioning.\11\
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\9\Department of the Interior. ``Two New Klamath Basin Agreements
Carve out Path for Dam Removal and Provide Key Benefits to Irrigators''
04/06/2016. https://www.doi.gov/pressreleases/two-new-klamath-basin-
agreements-carve-out-path-dam-removal-and-provide-key-benefits.
\10\Klamath Basin Restoration Agreement for the Sustainability of
Public and Trust Resources and Affected Communities, 2/18/2010. https:/
/klamathrenewal.org/wp-content/uploads/2020/07/Klamath-Basin-
Restoration-Agreement-2-18-10.pdf.
\11\U.S. Bureau of Reclamation, Klamath Hydroelectric Settlement
Agreement, Including Secretarial Determination on Whether to Remove
Four Dams on the Klamath River in California and Oregon. 75 FR 33634.
https://www.federalregister.gov/documents/2010/06/14/2010-14174/
klamath-hydroelectric-settlement-agreement-including-secretarial-
determination-on-whether-to-
remove.
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A third agreement involving off-project irrigators in the
Upper Klamath Basin was finalized in 2014.\12\ The Klamath
settlement agreements were contingent on the passage of federal
legislation authorizing numerous new federal activities and
expenditures in the basin. Legislation approving the agreements
was introduced and received hearings in the 113th and 114th
Congresses \13\}\14\ but was not enacted. This
action led to a push for the removal of the Klamath River dams
without the need for congressional action.
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\12\Upper Klamath Basin Comprehensive Agreement, April 18, 2014.
https://klamathrenewal.org/wp-content/uploads/2020/03/Upper-Klamath-
Basin-Comprehensive-
Agreement.pdf.
\13\S. 2379--Klamath Basin Water Recovery and Economic Restoration
Act of 2014.
\14\S. 133--Klamath Basin Water Recovery and Economic Restoration
Act of 2015.
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In 2016, the parties amended the KHSA to no longer require
the transfer of dams to DOI and avoid the need for
congressional authorization.\15\ State and federal officials
also signed a separate agreement with irrigation interests and
other parties, the 2016 Klamath Power and Facilities Agreement
(KPFA).\16\ This agreement is intended to help Klamath Basin
irrigators avoid adverse financial and regulatory impacts
associated with the return of endangered species to the Upper
Klamath Basin, which are anticipated after the dams are
removed.
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\15\Department of the Interior. ``Two New Klamath Basin Agreements
Carve out Path for Dam Removal and Provide Key Benefits to Irrigators''
04/06/2016. https://www.doi.gov/pressreleases/two-new-klamath-basin-
agreements-carve-out-path-dam-removal-and-provide-key-benefits.
\16\2016 Klamath Power and Facilities Agreement, https://
www.oregon.gov/owrd/programs/WaterRights/Adjudications/
KlamathRiverBasinAdj/Documents/
Klamath%20Power%20and%20Facilites%20Agreement.pdf.
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H.R. 7938, as amended, would implement provisions of the
KPFA by authorizing DOI to operate and improve infrastructure,
including Keno Dam, which PacifiCorp will convey to the federal
government. The legislation also clarifies that the Klamath
Project is not financially responsible for any of the costs
associated with the Keno Dam. The bill authorizes the DOI to
protect ESA-listed species through fish screens and other
restoration efforts, which protect Tribal resources held in
trust and avoid additional regulatory burden on stakeholders.
Committee Action
H.R. 7938 was introduced on April 11, 2024, by Rep. Cliff
Bentz (R-OR). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water, Wildlife and Fisheries. On May 22, 2024, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On November 20, 2024, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 7938 by unanimous consent. Rep. Cliff
Bentz (R-OR) offered an Amendment in the Nature of a Substitute
designated Bentz ANS_047. The amendment in the nature of a
substitute was agreed to by unanimous consent.
The bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on May 22, 2024.
Section-by-Section Analysis
Section 1. Short title
Section 1 states that the Act may be cited as the ``Klamath
Basin Water Agreement Support Act of 2024''.
Section 2. Klamath project water and power
Section 2 protects Klamath Basin irrigators from financial
and regulatory impacts associated with the return of endangered
species to the Upper Klamath Basin.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional
Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Klamath Basin Water
Supply Enhancement Act of 2000 to provide the Secretary of the
Interior with certain authorities with respect to projects
affecting the Klamath Basin watershed, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT
OF 2000
* * * * * * *
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 dam, canal, or other works or
interests for water diversion, storage,
delivery, and drainage, flood control, or any
similar function that is part of the project
described in subparagraph (A).
(3) 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 Activities and Drought Response.--
(1) In general.--Subject to appropriations and
required environmental reviews, the Secretary is
authorized to carry out activities, including entering
into a contract or making financial assistance
available through cooperative agreements or other
methods--
(A) to plan, implement, and administer
programs, including conservation and efficiency
measures, land idling, and use of groundwater,
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) Expenditures under this paragraph shall
not exceed $10 million on an average annual
basis.
(2) 2018 drought response.--All disbursements made or
to be made based on actions approved by the Secretary
under Contract Numbers 18-WC-20-5322 and 18-WC-20-5323
are authorized.
(3) Requirements.--The Secretary shall ensure that
the activities under this subsection--
(A) do not foster groundwater use that
results in groundwater level declines that,
based on existing data from the United States
Geological Survey, are more than appropriate in
a critically dry year, taking into
consideration the long-term sustainability of
aquifers; and
(B) do not adversely affect compliance with
applicable laws protecting fishery resources in
Upper Klamath Lake and the Klamath River.
(4) Conveyance of non-project water.--
(A) In general.--Subject to subparagraphs (B)
and (C), any entity operating under a contract
entered into with the United States for the
operation and maintenance of any Klamath
Project works or facility, and any entity
operating any works or facility not owned by
the United States that receives Klamath Project
water, may use, without any additional Federal
contract, permit, or other authorization, any
Klamath Project works or facility to convey
non-Klamath Project water for any authorized
purpose of the Klamath Project.
(B) Permits; measurement.--A use of water
pursuant to subparagraph (A) (including an
addition or conveyance of water) shall be
subject to the requirements that--
(i) the applicable entity shall
secure all permits required under State
or local law; and
(ii) as applicable--
(I) all water delivered into
and taken out of a Klamath
Project works or facility
pursuant to that subparagraph
shall be measured; and
(II) any irrigation district
conveying water shall ensure
that only the land authorized
to receive water under
applicable State law shall
receive, and put to beneficial
use, the water, in accordance
with the applicable State law
and any associated terms and
conditions.
(C) Limitation.--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.
(5) Effect of subsection.--Nothing in this subsection
authorizes the Secretary 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).
(c) Reducing Power Costs.--
(1) In general.--Not later than 180 days after the
date of enactment of America's Water Infrastructure Act
of 2018, the Secretary, in consultation with interested
irrigation interests that are eligible for covered
power use and organizations representative 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 (other than direct
payments to persons making covered power uses
or to other entities for the 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--
(I) to immediately reduce
power costs; and
(II) to ensure that the net
delivered power cost for
covered power use is equal to,
or less than, the power cost
benchmark in the near term,
while longer-term actions are
being implemented;
(ii) actions that prioritize--
(I) water and power
conservation and efficiency
measures that could assist in
achieving the power cost
benchmark;
(II) to the extent actions
involving the development or
acquisition of power generation
are included, renewable energy
technologies (including
hydropower); and
(III) 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--
(I) input from water users
that have covered power use;
and
(II) the degree to which
those water users concur with
the recommendations.
(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.
* * * * * * *
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