Sec. 9. Administration and funding
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The Secretaries may enter into such agreements (including contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements) with State, tribal, and local government agencies or private individuals and entities as the Secretary concerned consider to be necessary to carry out this Act and the Settlements, subject to such terms and conditions as the Secretary concerned considers to be necessary. Consistent with paragraph
(1)and section 32 of the Restoration Agreement, the Secretaries shall give priority to qualified Party tribes in awarding grants, contracts, or other agreements for purposes of implementing the fisheries programs described in part III of the Restoration Agreement. There are established in the Treasury for the deposit of appropriations and other funds (including non-Federal donated funds) the following noninterest-bearing accounts: The On-Project Plan and Power for Water Management Fund, to be administered by the Bureau of Reclamation. The Water Use Retirement and Off-Project Reliance Fund, to be administered by the United States Fish and Wildlife Service. The Klamath Drought Fund, to be administered by the National Fish and Wildlife Foundation. The accounts established by subsection
(b)shall be managed in accordance with this Act and section 14.3 of the Restoration Agreement. Notwithstanding section 1535 of title 31, United States Code, the Secretaries are authorized to enter into interagency agreements for the transfer of Federal funds between Federal programs for the purpose of implementing this Act and the Settlements. Notwithstanding title 31, United States Code, the Secretaries may accept and expend, without further appropriation, non-Federal funds, in-kind services, or property for purposes of implementing the Settlement. The funds and property described in paragraph
(1)may be expended or used, as applicable, only for the purpose for which the funds or property were provided. All funds made available for the implementation of the Settlements shall remain available until expended. If any Agreement terminates— any appropriated Federal funds provided to a party that are unexpended at the time of the termination of the Agreement shall be returned to the general fund of the Treasury; and any appropriated Federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the Agreement. The budget of the President shall include such requests as the President considers to be necessary for the level of funding for each of the Federal agencies to carry out the responsibilities of the agencies under the Settlements. Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Director of the Office of Management and Budget shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report containing— an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies to carry out the Settlements for the upcoming fiscal year, separately showing funding requested under preexisting authorities and new authorities provided by this Act; a detailed accounting of all funds received and obligated by all Federal agencies responsible for implementing the Settlements; and a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable Federal agencies in the upcoming fiscal year. Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Secretaries shall submit to the appropriate authorizing committees of the Senate and the House of Representatives a report that describes— the status of implementation of all of the Settlements; expenditures during the preceding fiscal year for implementation of all of the Settlements; the current schedule and funding levels that are needed to complete implementation of each of the Settlements; achievements in advancing the purposes of complying with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) under the Settlements; additional achievements in restoring fisheries under the Settlements; the status of water deliveries for the preceding water year and projections for the upcoming water year for— the Klamath Project and irrigators in the Off-Project Area pursuant to the Agreements; and the National Wildlife Refuges in areas covered by the Agreements; the status of achieving the goals of supporting sustainable agriculture production (including the goal of limiting net power costs for water management) and general economic development in the Klamath Basin; the status of achieving the goal of supporting the economic development of the Party tribes; and the assessment of the Secretaries of the progress being made toward completing implementation of all of the Settlements.
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Sec. 9
Administration and funding
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