Sec. 2. Definitions
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In this Act: The term Agreement means each of— the Restoration Agreement; and the Upper Basin Agreement. The term Commission means the Federal Energy Regulatory Commission. The term facilities removal means— physical removal of all or part of each facility to achieve, at a minimum, a free-flowing condition and volitional fish passage; site remediation and restoration, including restoration of previously inundated land; measures to avoid or minimize adverse downstream impacts; and all associated permitting for the actions described in this paragraph.
The term facility means the following 1 or more hydropower facilities (including appurtenant works licensed to PacifiCorp) within the jurisdictional boundary of the Klamath Hydroelectric Project, FERC Project No. 2082 (as applicable): Iron Gate Dam. Copco No. 1 Dam. Copco No. 2 Dam. J.C. Boyle Dam. The term Hydroelectric Settlement means the agreement entitled Klamath Hydroelectric Settlement Agreement and dated February 18, 2010 (including any amendments to that agreement approved pursuant to section 3(a)).
The term Joint Management Entity means the entity that— is comprised of the Landowner Entity, the Klamath Tribes, the United States, and the State of Oregon; represents the interests of the parties to the Upper Basin Agreement; and is responsible for overseeing implementation of the Upper Basin Agreement, as described in section 7 of the Upper Basin Agreement. The term Joint Management Entity Technical Team means the group of specialists appointed by the Joint Management Entity as provided for in section 7.8 of the Upper Basin Agreement.
The term Keno Facility means the dam located in Klamath County, Oregon, land underlying the dam, appurtenant facilities, and PacifiCorp-owned property described as Klamath County Map Tax Lot R-3907-03600-00200-000. The term Klamath Basin means the land tributary to the Klamath River in Oregon and California. The term Klamath Basin includes the Lost River and Tule Lake Basins. The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon, as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
The term Klamath Project includes any dams, canals, and other works and interests for water diversion, storage, delivery, and drainage, flood control, and similar functions that are part of the project described in subparagraph (A). The term Klamath Project Water Users has the meaning given the term in the Restoration Agreement. The term Landowner Entity means the entity established pursuant to section 8 of the Upper Basin Agreement. The term Off-Project Area means— the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including the Wood River, Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement.
The term Off-Project Irrigator means any person that is— a claimant for water rights for irrigation uses in the Off-Project Area in Oregon’s Klamath Basin Adjudication; or a holder of a State of Oregon water right permit or certificate for irrigation use in the Off-Project Area; and a Party to the Upper Basin Agreement. The term Oregon’s Klamath Basin adjudication means the proceeding to determine surface water rights pursuant to chapter 539 of the Oregon Revised Statutes entitled In the matter of the determination of the relative rights of the waters of the Klamath River, a tributary of the Pacific Ocean , in the Circuit Court of the State of Oregon for the County of Klamath, numbered WA 1300001.
The term PacifiCorp means the owner and licensee of the facility (as of the date of enactment of this Act). The term Party tribes means— the Yurok Tribe; the Karuk Tribe; the Klamath Tribes; and such other federally recognized tribes of the Klamath Basin as may become party to the Restoration Agreement after the date of enactment of this Act. The term Restoration Agreement means the agreement entitled Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities and dated February 18, 2010 (including amendments adopted prior to the date of enactment of this Act and any further amendments to that agreement approved pursuant to section 3(a)).
The term Riparian Program means the program described in section 4 of the Upper Basin Agreement. The term Secretary means the Secretary of the Interior. The term Secretaries means each of— the Secretary of the Interior; the Secretary of Commerce; and the Secretary of Agriculture. The term Settlements means each of— the Hydroelectric Settlement; the Restoration Agreement; and the Upper Basin Agreement. The term Upper Basin Agreement means the agreement entitled Upper Klamath Basin Comprehensive Agreement and dated April 18, 2014 (including any amendments to that agreement approved pursuant to section 3(a)).
The term Water Use Program means the program described in section 3 of the Upper Basin Agreement and section 16.2 of the Restoration Agreement.
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