H.R. 7938

[118th Congress Public Law 246]
[From the U.S. Government Publishing Office]

[[Page 138 STAT. 2933]]

Public Law 118-246
118th Congress

An Act

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. <<NOTE: Jan. 4, 2025 - [H.R. 7938]>> 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Klamath Basin 
Water Agreement Support Act of 2024.>> 
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) <<NOTE: 114 Stat. 2221; 132 Stat. 3886.>> 
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) <<NOTE: Studies.>> undertake studies, including 
feasibility studies, and improvements that the Secretary 
determines to be necessary to implement this subsection;
``(3) <<NOTE: Contracts. Memorandums.>> 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

[[Page 138 STAT. 2934]]

``(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) <<NOTE: Compliance.>> 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.''.

(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.

Approved January 4, 2025.

LEGISLATIVE HISTORY--H.R. 7938:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 118-847 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Dec. 17, considered and passed House.
Dec. 19, considered and passed Senate.

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