[107th Congress Public Law 349]
[From the U.S. Government Printing Office]
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[DOCID: f:publ349.107]
[[Page 116 STAT. 2973]]
Public Law 107-349
107th Congress
An Act
To authorize payments to certain Klamath Project water distribution
entities for amounts assessed by the entities for operation
and <<NOTE: Dec. 17, 2002 - [H.R. 2828]>> 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Klamath Basin Emergency
Operation and Maintenance Refund Act of 2002.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Klamath Basin Emergency Operation and
Maintenance Refund Act of 2002''.
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
[[Page 116 STAT. 2974]]
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.
Approved December 17, 2002.
LEGISLATIVE HISTORY--H.R. 2828:
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HOUSE REPORTS: No. 107-284 (Comm. on Resources).
SENATE REPORTS: No. 107-289 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 147 (2001):
Nov. 13, considered and passed
House.
Vol. 148 (2002):
Nov. 19, considered and passed
Senate.
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