H.R. 7938 — what changed

removed “(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, to plan, implement, and administer voluntary programs, including conservation and efficiency measures, demand limitation or management, 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.”

removed “(2) Implementation

removed “(A) In general—Beginning not later than 180 days after the date of enactment of the Klamath Power and Facilities Agreement Support Act, the Secretary shall, through 1 or more cooperative agreements, financial assistance agreements, or other methods, implement, or support the implementation of, the recommendations identified in the report described in paragraph (1) that the Secretary determines would lead to bringing the net delivered power cost for covered power use to an amount that is the same as, or less than, the power cost benchmark, subject to the availability of appropriations, on the fastest timeline practicable, with respect to near- and long-term actions.

removed “(B) Requirement—The implementation of recommendations under subparagraph (A) shall be carried out in accordance with—

removed “(i) the report submitted under paragraph (1); and

removed “(ii) any reports submitted under paragraph (3).

removed “(3) Additional reports—Not later than April 30, 2025, and every 5 years thereafter, the Secretary shall submit to each committee described in the matter preceding subparagraph (A) of paragraph (1) a report that describes—

removed “(A) any progress toward meeting the requirements of this subsection; and

removed “(B) any modifications or updates to the actions recommended under paragraph (1)(B).”

removed “(d) Restoration activities—The Secretary may—

removed “(1) plan, design, construct, operate, and maintain projects in the Klamath Basin watershed, including—

removed “(A) facilities to reduce fish entrainment;

removed “(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

removed “(C) projects that restore habitats in the Klamath Basin watershed, including Tribal fishery resources held in trust;

removed “(2) undertake studies, including feasibility studies, and improvements that the Secretary determines to be necessary to implement this subsection;

removed “(3) in implementing this subsection, enter into contracts, memoranda of understanding, financial assistance agreements, cost-sharing agreements, or other appropriate agreements with—

removed “(A) State, Tribal, and local governmental agencies; and

removed “(B) private parties; and

removed “(4) accept and expend non-Federal funds in order to facilitate implementation of this subsection.

removed “(e) Goals—The goals of activities under subsections (b) and (d) shall include, as applicable—

removed “(1) the short-term and long-term reduction and resolution of conflicts relating to water in the Klamath Basin watershed; and

removed “(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.

removed “(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.

removed “(g) Infrastructure

removed “(1) Keno and Link River Dams—The Secretary shall comply with the terms of the agreement entitled “2016 Klamath Power and Facilities Agreement”, including Attachment A to the agreement.

removed “(2) Realization of Benefits—No modification of Keno Dam infrastructure to modify current fish passage capability shall occur, and no artificial action to introduce or reintroduce aquatic species above Keno Dam shall occur, until 90 days after the Secretary has certified to the Chairs and Ranking Members of the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate that—

removed “(A) all State and Federal parties to the 2016 Klamath Power and Facilities Agreement have complied with the first sentence of section II. B.2.a. of that agreement; and

removed “(B) the parties to the 2016 Klamath Power and Facilities Agreement and the parties to the Klamath Hydroelectric Settlement Agreement have completed and approved the agreement or agreements contemplated by section III.C. of the 2016 Klamath Power and Facilities Agreement and Section 1.9 of the Klamath Hydroelectric Settlement Agreement.

removed “(3) Draft certification—Not less than 180 days before providing a certification under paragraph (2), the Secretary shall provide a draft certification to the parties to the respective agreements.

removed “(4) Replacement of c canal flume

removed “(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.)).

removed “(B) Contract

removed “(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—

removed “(I) 35 percent of the total repayment obligation is nonreimbursable to the United States; and

removed “(II) 65 percent of the total repayment obligation shall be repaid to the United States over a period of 50 years.

removed “(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.

removed “(5) Cost Allocation—Past and future costs incurred by the Secretary for compliance with laws enacted by the United States for protection of the environment that are not explicitly identified in contracts between the Secretary and a Klamath Project contractor shall not be—

removed “(A) allocated to such contractor; or

removed “(B) considered in determining the contractor’s responsibility for reimbursement of the costs of operation, maintenance, rehabilitation, modification, or replacement of Klamath Project works.”