[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3964 Placed on Calendar Senate (PCS)]
Calendar No. 306
113th CONGRESS
2d Session
H. R. 3964
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2014
Received; read the first time
February 10, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To address certain water-related concerns in the Sacramento-San Joaquin
Valley, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sacramento-San
Joaquin Valley Emergency Water Delivery Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITY
Sec. 101. Amendment to purposes.
Sec. 102. Amendment to definition.
Sec. 103. Contracts.
Sec. 104. Water transfers, improved water management, and conservation.
Sec. 105. Fish, wildlife, and habitat restoration.
Sec. 106. Restoration fund.
Sec. 107. Additional authorities.
Sec. 108. Bay-Delta Accord.
Sec. 109. Natural and artificially spawned species.
Sec. 110. Authorized service area.
Sec. 111. Regulatory streamlining.
Sec. 112. Warren Act contracts.
Sec. 113. Additional Warren Act contracts.
Sec. 114. Pilot Program to Protect Native Anadromous Fish in the
Stanislaus River.
Sec. 115. San Luis Reservoir.
TITLE II--SAN JOAQUIN RIVER RESTORATION
Sec. 201. Repeal of the San Joaquin River settlement.
Sec. 202. Purpose.
Sec. 203. Definitions.
Sec. 204. Implementation of restoration.
Sec. 205. Disposal of property; title to facilities.
Sec. 206. Compliance with applicable law.
Sec. 207. Compliance with Central Valley Project Improvement Act.
Sec. 208. No private right of action.
Sec. 209. Implementation.
Sec. 210. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 211. Repeal.
Sec. 212. Water supply mitigation.
Sec. 213. Additional Authorities.
TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS
Sec. 301. Repayment contracts and acceleration of repayment of
construction costs.
TITLE IV--BAY-DELTA WATERSHED WATER RIGHTS PRESERVATION AND PROTECTION
Sec. 401. Water rights and area-of-origin protections.
Sec. 402. Sacramento River settlement contracts.
Sec. 403. Sacramento River Watershed Water Service Contractors.
Sec. 404. No redirected adverse impacts.
TITLE V--MISCELLANEOUS
Sec. 501. Precedent.
Sec. 502. No effect on Proclamation of State of Emergency.
Sec. 503. Wild and Scenic Rivers Act.
Sec. 504. Fisheries disaster declaration.
TITLE I--CENTRAL VALLEY PROJECT WATER RELIABILITY
SEC. 101. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act (106
Stat. 4706) is amended--
(1) in subsection (f), by striking the period at the end;
and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife purposes
by this title is replaced and provided to Central Valley Project water
contractors by December 31, 2018, at the lowest cost reasonably
achievable; and
``(h) to facilitate and expedite water transfers in accordance with
this Act.''.
SEC. 102. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act (106
Stat. 4707) is amended--
(1) by amending subsection (a) to read as follows:
``(a) the term `anadromous fish' means those native stocks of
salmon (including steelhead) and sturgeon that, as of October 30, 1992,
were present in the Sacramento and San Joaquin Rivers and their
tributaries and ascend those rivers and their tributaries to reproduce
after maturing in San Francisco Bay or the Pacific Ocean;'';
(2) in subsection (l), by striking ``and,''
(3) in subsection (m), by striking the period and inserting
``; and'', and
(4) by adding at the end the following:
``(n) the term `reasonable flows' means water flows capable of
being maintained taking into account competing consumptive uses of
water and economic, environmental, and social factors.''.
SEC. 103. CONTRACTS.
Section 3404 of the Central Valley Project Improvement Act (106
Stat. 4708) is amended--
(1) in the heading, by striking ``limitation on contracting
and contract reform'' and inserting ``contracts''; and
(2) by striking the language of the section and by adding:
``(a) Renewal of Existing Long-Term Contracts.--Upon request of the
contractor, the Secretary shall renew any existing long-term repayment
or water service contract that provides for the delivery of water from
the Central Valley Project for a period of 40 years.
``(b) Administration of Contracts.--Except as expressly provided by
this Act, any existing long-term repayment or water service contract
for the delivery of water from the Central Valley Project shall be
administered pursuant to the Act of July 2, 1956 (70 Stat. 483).
``(c) Delivery Charge.--Beginning on the date of the enactment of
this Act, a contract entered into or renewed pursuant to this section
shall include a provision that requires the Secretary to charge the
other party to such contract only for water actually delivered by the
Secretary.''.
SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.
Section 3405 of the Central Valley Project Improvement Act (106
Stat. 4709) is amended as follows:
(1) In subsection (a)--
(A) by inserting before ``Except as provided
herein'' the following: ``The Secretary shall take all
necessary actions to facilitate and expedite transfers
of Central Valley Project water in accordance with this
Act or any other provision of Federal reclamation law
and the National Environmental Policy Act of 1969.'';
(B) in paragraph (1)(A), by striking ``to
combination'' and inserting ``or combination'';
(C) in paragraph (2), by adding at the end the
following:
``(E) The contracting district from which the water
is coming, the agency, or the Secretary shall determine
if a written transfer proposal is complete within 45
days after the date of submission of such proposal. If
such district or agency or the Secretary determines
that such proposal is incomplete, such district or
agency or the Secretary shall state with specificity
what must be added to or revised in order for such
proposal to be complete.
``(F) Except as provided in this section, the
Secretary shall not impose mitigation or other
requirements on a proposed transfer, but the
contracting district from which the water is coming or
the agency shall retain all authority under State law
to approve or condition a proposed transfer.''; and
(D) by adding at the end the following:
``(4) Notwithstanding any other provision of Federal
reclamation law--
``(A) the authority to make transfers or exchanges
of, or banking or recharge arrangements using, Central
Valley Project water that could have been conducted
before October 30, 1992, is valid, and such transfers,
exchanges, or arrangements shall not be subject to,
limited, or conditioned by this title; and
``(B) this title shall not supersede or revoke the
authority to transfer, exchange, bank, or recharge
Central Valley Project water that existed prior to
October 30, 1992.''.
(2) In subsection (b)--
(A) in the heading, by striking ``METERING'' and
inserting ``MEASUREMENT''; and
(B) by inserting after the first sentence the
following: ``The contracting district or agency, not
including contracting districts serving multiple
agencies with separate governing boards, shall ensure
that all contractor-owned water delivery systems within
its boundaries measure surface water at the district or
agency's facilities up to the point the surface water
is commingled with other water supplies.''.
(3) By striking subsection (d).
(4) By redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(5) By amending subsection (e)(as redesignated by paragraph
(4))--
(A) by striking ``as a result of the increased
repayment'' and inserting ``that exceed the cost-of-
service'';
(B) by inserting ``the delivery of'' after ``rates
applicable to''; and
(C) by striking ``, and all increased revenues
received by the Secretary as a result of the increased
water prices established under subsection 3405(d) of
this section,''.
SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION.
Section 3406 of the Central Valley Project Improvement Act (106
Stat. 4714) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)(B)--
(i) by striking ``is authorized and
directed to'' and inserting ``may'';
(ii) by inserting ``reasonable water''
after ``to provide'';
(iii) by striking ``anadromous fish, except
that such'' and inserting ``anadromous fish.
Such'';
(iv) by striking ``Instream flow'' and
inserting ``Reasonable instream flow'';
(v) by inserting ``and the National Marine
Fisheries Service'' after ``United States Fish
and Wildlife Service''; and
(vi) by striking ``California Department of
Fish and Game'' and inserting ``United States
Geological Survey'';
(B) in paragraph (2)--
(i) by striking ``primary purpose'' and
inserting ``purposes'';
(ii) by striking ``but not limited to''
before ``additional obligations''; and
(iii) by adding after the period the
following: ``All Central Valley Project water
used for the purposes specified in this
paragraph shall be credited to the quantity of
Central Valley Project yield dedicated and
managed under this paragraph by determining how
the dedication and management of such water
would affect the delivery capability of the
Central Valley Project during the 1928 to 1934
drought period after fishery, water quality,
and other flow and operational requirements
imposed by terms and conditions existing in
licenses, permits, and other agreements
pertaining to the Central Valley Project under
applicable State or Federal law existing on
October 30, 1992, have been met. To the fullest
extent possible and in accordance with section
3411, Central Valley Project water dedicated
and managed pursuant to this paragraph shall be
reused to fulfill the Secretary's remaining
contractual obligations to provide Central
Valley Project water for agricultural or
municipal and industrial purposes.'';
(C) by amending paragraph (2)(C) to read:
``(C) If by March 15th of any year the quantity of
Central Valley Project water forecasted to be made
available to water service or repayment contractors in
the Delta Division of the Central Valley Project is
below 75 percent of the total quantity of water to be
made available under said contracts, the quantity of
Central Valley Project yield dedicated and managed for
that year under this paragraph shall be reduced by 25
percent.''.
(2) By adding at the end the following:
``(i) Satisfaction of purposes.--By
pursuing the activities described in this
section, the Secretary shall be deemed to have
met the mitigation, protection, restoration,
and enhancement purposes of this title.''.
SEC. 106. RESTORATION FUND.
(a) In General.--Section 3407(a) of the Central Valley Project
Improvement Act (106 Stat. 4726) is amended as follows:
(1) By inserting ``(1) In general.--'' before ``There is
hereby''.
(2) By striking ``Not less than 67 percent'' and all that
follows through ``Monies'' and inserting ``Monies''.
(3) By adding at the end the following:
``(2) Prohibitions.--The Secretary may not directly or indirectly
require a donation or other payment to the Restoration Fund--
``(A) or environmental restoration or mitigation fees not
otherwise provided by law, as a condition to--
``(i) providing for the storage or conveyance of
non-Central Valley Project water pursuant to Federal
reclamation laws; or
``(ii) the delivery of water pursuant to section
215 of the Reclamation Reform Act of 1982 (Public Law
97-293; 96 Stat. 1270); or
``(B) for any water that is delivered with the sole intent
of groundwater recharge.''.
(b) Certain Payments.--Section 3407(c)(1) of the Central Valley
Project Improvement Act is amended--
(1) by striking ``mitigation and restoration'';
(2) by striking ``provided for or''; and
(3) by striking ``of fish, wildlife'' and all that follows
through the period and inserting ``of carrying out all
activities described in this title.''.
(c) Adjustment and Assessment of Mitigation and Restoration
Payments.--Section 3407(d)(2) of the Central Valley Project Improvement
Act is amended by inserting ``, or after October 1, 2015, $4 per
megawatt-hour for Central Valley Project power sold to power
contractors (October 2015 price levels)'' after ``$12 per acre-foot
(October 1992 price levels) for municipal and industrial water sold and
delivered by the Central Valley Project''.
(d) Completion of Actions.--Section 3407(d)(2)(A) of the Central
Valley Project Improvement Act is amended by inserting ``no later than
December 31, 2020,'' after ``That upon the completion of the fish,
wildlife, and habitat mitigation and restoration actions mandated under
section 3406 of this title,''.
(e) Report; Advisory Board.--Section 3407 of the Central Valley
Project Improvement Act (106 Stat. 4714) is amended by adding at the
end the following:
``(g) Report on Expenditure of Funds.--At the end of each fiscal
year, the Secretary, in consultation with the Restoration Fund Advisory
Board, shall submit to Congress a plan for the expenditure of all of
the funds deposited into the Restoration Fund during the preceding
fiscal year. Such plan shall contain a cost-effectiveness analysis of
each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is hereby established the
Restoration Fund Advisory Board (hereinafter in this section
referred to as the `Advisory Board') composed of 12 members
selected by the Secretary, each for four-year terms, one of
whom shall be designated by the Secretary as Chairman. The
members shall be selected so as to represent the various
Central Valley Project stakeholders, four of whom shall be from
CVP agricultural users, three from CVP municipal and industrial
users, three from CVP power contractors, and two at the
discretion of the Secretary. The Secretary and the Secretary of
Commerce may each designate a representative to act as an
observer of the Advisory Board.
``(2) Duties.--The duties of the Advisory Board are as
follows:
``(A) To meet at least semiannually to develop and
make recommendations to the Secretary regarding
priorities and spending levels on projects and programs
carried out pursuant to the Central Valley Project
Improvement Act.
``(B) To ensure that any advice or recommendation
made by the Advisory Board to the Secretary reflect the
independent judgment of the Advisory Board.
``(C) Not later than December 31, 2015, and
annually thereafter, to transmit to the Secretary and
Congress recommendations required under subparagraph
(A).
``(D) Not later than December 31, 2015, and
biennially thereafter, to transmit to Congress a report
that details the progress made in achieving the actions
mandated under section 3406 of this title.
``(3) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.''.
SEC. 107. ADDITIONAL AUTHORITIES.
(a) Authority for Certain Activities.--Section 3408(c) of the
Central Valley Project Improvement Act (106 Stat. 4728) is amended to
read as follows:
``(c) Contracts for Additional Storage and Delivery of Water.--
``(1) In general.--The Secretary is authorized to enter
into contracts pursuant to Federal reclamation law and this
title with any Federal agency, California water user or water
agency, State agency, or private organization for the exchange,
impoundment, storage, carriage, and delivery of nonproject
water for domestic, municipal, industrial, fish and wildlife,
and any other beneficial purpose.
``(2) Limitation.--Nothing in this subsection shall be
deemed to supersede the provisions of section 103 of Public Law
99-546 (100 Stat. 3051).
``(3) Authority for certain activities.--The Secretary
shall use the authority granted by this subsection in
connection with requests to exchange, impound, store, carry, or
deliver nonproject water using Central Valley Project
facilities for any beneficial purpose.
``(4) Rates.--The Secretary shall develop rates not to
exceed the amount required to recover the reasonable costs
incurred by the Secretary in connection with a beneficial
purpose under this subsection. Such rates shall be charged to a
party using Central Valley Project facilities for such purpose.
Such costs shall not include any donation or other payment to
the Restoration Fund.
``(5) Construction.--This subsection shall be construed and
implemented to facilitate and encourage the use of Central
Valley Project facilities to exchange, impound, store, carry,
or deliver nonproject water for any beneficial purpose.''.
(b) Reporting Requirements.--Section 3408(f) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) by striking ``Interior and Insular Affairs and the
Committee on Merchant Marine and Fisheries'' and inserting
``Natural Resources'';
(2) in the second sentence, by inserting before the period
at the end the following: ``, including progress on the plan
required by subsection (j)''; and
(3) by adding at the end the following: ``The filing and
adequacy of such report shall be personally certified to the
Committees referenced above by the Regional Director of the
Mid-Pacific Region of the Bureau of Reclamation.''.
(c) Project Yield Increase.--Section 3408(j) of the Central Valley
Project Improvement Act (106 Stat. 4730) is amended as follows:
(1) By redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively.
(2) By striking ``In order to minimize adverse effects, if
any, upon'' and inserting ``(1) In general.--In order to
minimize adverse effects upon''.
(3) By striking ``needs, the Secretary,'' and all that
follows through ``submit to the Congress, a'' and inserting
``needs, the Secretary, on a priority basis and not later than
September 30, 2015, shall submit to Congress a''.
(4) By striking ``increase,'' and all that follows through
``options:'' and inserting ``increase, as soon as possible but
not later than September 30, 2018 (except for the construction
of new facilities which shall not be limited by that deadline),
the water of the Central Valley Project by the amount dedicated
and managed for fish and wildlife purposes under this title and
otherwise required to meet the purposes of the Central Valley
Project including satisfying contractual obligations. The plan
required by this subsection shall include recommendations on
appropriate cost-sharing arrangements and authorizing
legislation or other measures needed to implement the intent,
purposes, and provisions of this subsection and a description
of how the Secretary intends to use the following options--''.
(5) In subparagraph (A), by inserting ``and construction of
new water storage facilities'' before the semicolon.
(6) In subparagraph (F), by striking ``and'' at the end.
(7) In subparagraph (G), by striking the period and all
that follows through the end of the subsection and inserting
``; and''.
(8) By inserting after subparagraph (G) the following:
``(H) Water banking and recharge.''.
(9) By adding at the end the following:
``(2) Implementation of plan.--The Secretary shall
implement the plan required by paragraph (1) commencing on
October 1, 2015. In order to carry out this subsection, the
Secretary shall coordinate with the State of California in
implementing measures for the long-term resolution of problems
in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.
``(3) Failure of the plan.--Notwithstanding any other
provision of Federal reclamation law, if by September 30, 2018,
the plan required by paragraph (1) fails to increase the annual
delivery capability of the Central Valley Project by 800,000
acre-feet, implementation of any non-mandatory action under
section 3406(b)(2) shall be suspended until the plan achieves
an increase in the annual delivery capability of the Central
Valley Project by 800,000 acre-feet.''.
(d) Technical Correction.--Section 3408(h) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) in paragraph (1), by striking ``paragraph (h)(2)'' and
inserting ``paragraph (2)''; and
(2) in paragraph (2), by striking ``paragraph (h)(i)'' and
inserting ``paragraph (1)''.
(e) Water Storage Project Construction.--The Secretary, acting
through the Commissioner of the Bureau of Reclamation, may partner or
enter into an agreement on the water storage projects identified in
section 103(d)(1) of the Water Supply Reliability, and Environmental
Improvement Act (Public Law 108-361)(and Acts supplemental and
amendatory to the Act) with local joint powers authorities formed
pursuant to State law by irrigation districts and other local water
districts and local governments within the applicable hydrologic
region, to advance these projects. No additional Federal funds are
authorized for the activities authorized in sections 103(d)(1)(A)(i),
103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361. However,
each water storage project under sections 103(d)(1)(A)(i),
103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of Public Law 108-361 is
authorized for construction if non-Federal funds are used for financing
and constructing the project.
SEC. 108. BAY-DELTA ACCORD.
(a) Congressional Direction Regarding Central Valley Project and
California State Water Project Operations.--The Central Valley Project
and the State Water Project shall be operated pursuant to the water
quality standards and operational constraints described in the
``Principles for Agreement on the Bay-Delta Standards Between the State
of California and the Federal Government'' dated December 15, 1994, and
such operations shall proceed without regard to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or any other law pertaining to the
operation of the Central Valley Project and the California State Water
Project. Implementation of this section shall be in strict conformance
with the ``Principles for Agreement on the Bay-Delta Standards Between
the State of California and the Federal Government'' dated December 15,
1994.
(b) Application of Laws to Others.--Neither a Federal department
nor the State of California, including any agency or board of the State
of California, shall impose on any water right obtained pursuant to
State law, including a pre-1914 appropriative right, any condition that
restricts the exercise of that water right in order to conserve,
enhance, recover or otherwise protect any species that is affected by
operations of the Central Valley Project or California State Water
Project. Nor shall the State of California, including any agency or
board of the State of California, restrict the exercise of any water
right obtained pursuant to State law, including a pre-1914
appropriative right, in order to protect, enhance, or restore under the
Public Trust Doctrine any public trust value. Implementation of the
``Principles for Agreement on the Bay-Delta Standards Between the State
of California and the Federal Government'' dated December 15, 1994,
shall be in strict compliance with the water rights priority system and
statutory protections for areas of origin.
(c) Costs.--No cost associated with the implementation of this
section shall be imposed directly or indirectly on any Central Valley
Project contractor, or any other person or entity, unless such costs
are incurred on a voluntary basis.
(d) Native Species Protection.--California law is preempted with
respect to any restriction on the quantity or size of nonnative fish
taken or harvested that preys upon one or more native fish species that
occupy the Sacramento and San Joaquin Rivers and their tributaries or
the Sacramento-San Joaquin Rivers Delta.
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of the enactment of this title, and regardless of
the date of listing, the Secretaries of the Interior and Commerce shall
not distinguish between natural-spawned and hatchery-spawned or
otherwise artificially propagated strains of a species in making any
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) that relates to any anadromous fish species present in the
Sacramento and San Joaquin Rivers or their tributaries and ascend those
rivers and their tributaries to reproduce after maturing in San
Francisco Bay or the Pacific Ocean.
SEC. 110. AUTHORIZED SERVICE AREA.
The authorized service area of the Central Valley Project shall
include the area within the boundaries of the Kettleman City Community
Services District, California, as those boundaries exist on the date of
the enactment of this title. Notwithstanding the provisions of the Act
of October 30, 1992 (Public Law 102-575, 106 Stat. 4600 et seq.), upon
enactment of this title, the Secretary is authorized and directed to
enter into a long-term contract in accordance with the reclamation laws
with the Kettleman City Community Services District, California, for
the delivery of up to 900 acre-feet of Central Valley Project water for
municipal and industrial use. The Secretary may temporarily reduce
deliveries of the quantity of water made available pursuant to up to 25
percent of such total whenever reductions due to hydrologic
circumstances are imposed upon agricultural deliveries of Central
Valley Project water. If any additional infrastructure or related-costs
are needed to implement this section, such costs shall be the
responsibility of the non-Federal entity.
SEC. 111. REGULATORY STREAMLINING.
(a) Applicability of Certain Laws.--Filing of a Notice of
Determination or a Notice of Exemption for any project, including the
issuance of a permit under State law, related to any project of the CVP
or the delivery of water therefrom in accordance with the California
Environmental Quality Act shall be deemed to meet the requirements of
section 102(2)(C) of the National Environmental Protection Act of 1969
(42 U.S.C. 4332(2)(C)) for that project or permit.
(b) Continuation of Project.--The Bureau of Reclamation shall not
be required to cease or modify any major Federal action or other
activity related to any project of the CVP or the delivery of water
there from pending completion of judicial review of any determination
made under the National Environmental Protection Act of 1969 (42 U.S.C.
4332(2)(C)).
(c) Project Defined.--For the purposes of this section:
(1) Cvp.--The term ``CVP'' means the Central Valley
Project.
(2) Project.--The term ``project''--
(A) means an activity that--
(i) is undertaken by a public agency,
funded by a public agency, or that requires an
issuance of a permit by a public agency;
(ii) has a potential to result in physical
change to the environment; and
(iii) may be subject to several
discretionary approvals by governmental
agencies;
(B) may include construction activities, clearing
or grading of land, improvements to existing
structures, and activities or equipment involving the
issuance of a permit; or
(C) as defined under the California Environmental
Quality Act in section 21065 of the California Public
Resource Code.
SEC. 112. WARREN ACT CONTRACTS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Interior shall offer to the
Oakdale Irrigation District and the South San Joaquin Irrigation
District (hereafter in this section referred to as the ``districts'') a
contract enabling the districts to collectively impound and store up to
200,000 acre-feet of their Stanislaus River water rights in the New
Melones Reservoir in accordance with the terms and conditions of
sections 1 through 3 of the Act of February 21, 1911 (43 U.S.C. 523-
525; commonly known as the ``Warren Act''); provided that before
offering any such contract, the Secretary has determined that the
amount of water to be impounded and stored under the contract will not
directly or indirectly result in any redirected adverse water supply or
fiscal impacts to any Central Valley Project contractor related to the
Secretary's operation of the Central Valley Project to meet legal
obligations imposed by or through any State or Federal agency,
including but not limited to those legal obligations emanating from the
Endangered Species Act of 1973 (16 U.S.C. 1531, et seq.), the Water
Pollution Control Act (33 U.S.C. 1251, et seq., commonly known as the
``Clean Water Act'' pursuant to the 1977 amendments, Public Law 95-
217), and the Porter-Cologne Water Quality Control Act (Cal. Water Code
13000, et seq.).
(b) Terms and Conditions.--The terms and conditions of any contract
entered into under subsection (a) shall--
(1) be for a term of not less than 10 years; and (2)
expressly provide that--
(A) the districts may use any water impounded and
stored in the New Melones Reservoir for any legal
purpose under California law, including use within the
boundaries of either district, transfer to and
reasonable and beneficial use by a person or entity not
located within the boundaries of either district, and
for instream use in the Stanislaus River, the San
Joaquin River, or the Sacramento-San Joaquin River
Delta; and
(B) any water impounded and stored by either
district shall not be released or withdrawn if the end
of month September storage level for New Melones
Reservoir is projected to be equal to or below 300,000
acre-feet, but in such event the impounded and stored
water shall be retained in the New Melones Reservoir
for use by the districts in the following year, subject
to the same 300,000 acre-foot minimum storage
requirement, and without additional payment being
required.
(c) Conservation Account.--Any water impounded and stored in the
New Melones Reservoir by either district under the contract shall not
be considered or accounted as water placed in the districts'
conservation account, as that account is defined and explained in the
August 30, 1988 Stipulation and Agreement entered into by and between
the Bureau of Reclamation and the districts.
SEC. 113. ADDITIONAL WARREN ACT CONTRACTS.
(a) ) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Interior shall develop and
offer to the Calaveras County Water District (hereafter in this section
referred to as the ``CCWD'') a contract enabling the CCWD to impound
and store up to 100,000 acre-feet of their Stanislaus River water
rights in the New Melones Reservoir in accordance with the terms and
conditions of sections 1 through 3 of the Act of February 21, 1911 (43
U.S.C. 523-525; commonly known as the ``Warren Act''). This stored
water may be obtained for use by CCWD at a point, or points determined
convenient to the District.
(b) Terms and Conditions.--The terms and conditions of any contract
entered into under subsection (a) shall--
(1) be for a term of not less than 10 years; and
(2) expressly provide that--
(A) the CCWD may use any water impounded and stored
in the New Melones Reservoir for any legal purpose
under California law, including use within the
boundaries of the CCWD, transfer to and reasonable and
beneficial use by a person or entity not located within
the boundaries of CCWD, and for instream use in the
Stanislaus River, the San Joaquin River, or the
Sacramento-San Joaquin River Delta; and
(B) any water impounded and stored by either
district shall not be released or withdrawn if the end
of month September storage level for New Melones
Reservoir is projected to be equal to or below 300,000
acre-feet, but in such event the impounded and stored
water shall be retained in the New Melones Reservoir
for use by the districts in the following year, subject
to the same 300,000 acre-foot minimum storage
requirement, and without additional payment being
required.
SEC. 114. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE
STANISLAUS RIVER.
(a) Establishment of Non-native Predator Fish Removal Program.--The
Commissioner and districts, in consultation with the National Marine
Fisheries Service, the United States Fish and Wildlife Service, and the
California Department of Fish and Wildlife, shall jointly develop and
conduct a pilot non-native predator fish removal program to remove non-
native striped bass, smallmouth bass, largemouth bass, black bass, and
other non-native predator fishes from the Stanislaus River. The pilot
program shall--
(1) be scientifically based;
(2) include methods to quantify the number and size of
predator fishes removed each year, the impact of such removal
on the overall abundance of predator fishes, and the impact of
such removal on the populations of juvenile anadromous fish
found in the Stanislaus River by, among other things,
evaluating the number of juvenile anadromous fish that migrate
past the rotary screw trap located at Caswell;
(3) use wire fyke trapping, portable resistance board
weirs, and boat electrofishing, which are the most effective
predator collection techniques that minimize affects to native
anadromous fish;
(4) be developed, including the application for all
necessary scientific research and species enhancement permits
under section 10(a)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1539(a)(1)), for the performance of the pilot
program, not later than 6 months after the date of the
enactment of this Act;
(5) be implemented on the first business day of the
calendar year following the issuance of all necessary
scientific research and species enhancement permits needed to
begin the pilot program; and
(6) be implemented for a period of seven consecutive
calendar years.
(b) Management.--The management of the pilot program shall be the
joint responsibility of the Commissioner and the districts. Such
parties shall work collaboratively to insure the performance of the
pilot program, and shall discuss and agree upon, among other things,
changes in the structure, management, personnel, techniques, strategy,
data collection, reporting and conduct of the pilot program.
(c) Conduct.--
(1) In general.--At the election of the districts, the
pilot program may be conducted by their own personnel,
qualified private contractors hired by the districts, personnel
of, on loan to, or otherwise assigned to the Bureau of
Reclamation, or a combination thereof.
(2) Participation by the bureau of reclamation.--In the
event the districts elect to conduct the program using their
own personnel or qualified private contractors hired by them,
the Commissioner has the option to assign an employee of, on
loan to, or otherwise assigned to the Bureau of Reclamation, to
be present for all activities performed in the field. Such
presence shall insure compliance with the agreed upon elements
specified in subsection (b). The districts shall pay 100
percent of the cost of such participation as specified in
subsection (d).
(3) Timing of election.--The districts shall notify the
Commissioner of their election on or before October 15 of each
calendar year of the pilot program, which election shall apply
to the work performed in the subsequent calendar year.
(d) Funding.--
(1) Annual funding.--The districts shall be responsible for
100 percent of the cost of the pilot program. On or before
December 1 of each year of the pilot program, the Commissioner
shall submit to the districts an estimate of the cost to be
incurred by the Bureau of Reclamation in the following calendar
year, if any, including the cost of any data collection and
posting under subsection (e). If an amount equal to the
estimate is not provided to the reclamation fund identified in
section 3 of the Act of February 21, 1911 (43 U.S.C. 525), or
any other fund as directed by the Commissioner, by the
districts on or before December 31 of each year, (a) the Bureau
of Reclamation shall have no obligation to conduct the pilot
program activities otherwise scheduled, and (b) the districts
shall be prohibited from conducting any aspect of the pilot
program, until full payment is made by the districts.
(2) Accounting.--On or before September 1 of each calendar
year, the Commissioner shall provide an accounting of the prior
calendar year's expenses to the districts. If the estimate paid
by the districts was less than the actual costs incurred by the
Bureau of Reclamation, the districts shall have until September
30 of that calendar year to pay the difference to the
reclamation fund. If the estimate paid by the districts was
greater than the actual costs incurred by the Bureau of
Reclamation, then a credit shall be provided to the districts,
which shall be deducted from the estimate payment the districts
must make for the work performed by the Bureau of Reclamation,
if any, in the next calendar year.
(e) Reporting and Evaluation.--
(1) In general.--On or before the 15th day of each month,
the Commissioner shall post on the website of the Bureau of
Reclamation a tabular summary of the raw data collected in the
prior month.
(2) Report.--On or before June 30 of the calendar year
following the completion of the program, the Commissioner and
districts shall jointly publish a peer reviewed report that--
(A) discusses the findings and conclusions of the
pilot program;
(B) synthesizes the data collected under paragraph
(1); and
(C) makes recommendations for further study and
action.
(f) Permits Process.--
(1) Not later than 180 days after filing of an application
by the Commissioner and the districts, the Secretary of the
Interior, the Secretary of Commerce, or both, as appropriate,
shall issue all necessary scientific research and species
enhancement permits under section 10(a)(1) of the Endangered
Species Act (16 U.S.C. 153(9)(a)(1)), for the performance of
the pilot program.
(2) Any permit application that is not approved by the
Secretary of the Interior, Secretary of Commerce, or both, as
appropriate, for any reason, within 180 days after receiving
the application, shall be deemed approved.
(3) All permits issued shall be in the name of the Bureau
of Reclamation and the districts.
(4) Districts may delegate the authority to administer the
permit authority to any qualified private contractor retained
in accordance with subsection (c).
(5) The pilot program, including amendments thereto by the
appropriate Federal and State agencies, shall constitute a
conservation plan that complies with the requirements of
section 10(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1539(a)(2)).
(g) NEPA.--Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to
section 402 and the issuance of any permit under this subsection during
the seven year period beginning on the date of the implementation of
the pilot program.
(h) Restrictions.--Any restriction imposed under California law on
the catch, take, or harvest of any non-native or introduced aquatic or
terrestrial species that preys upon anadromous fish and that occupies
or is found in the Stanislaus River is hereby void and is preempted.
(i) Definitions.--For the purposes of this section:
(1) Anadromous fish.--
(A) The term ``anadromous fish'' as applied to the
Stanislaus River and the operation of New Melones--
(i) means those native stocks of salmon
(including steelhead) that--
(I) as of October 30, 1992 were
present in and had not been extirpated
from the Stanislaus River, and
(II) which ascend the Stanislaus
River to reproduce after maturing in
San Francisco Bay or the Pacific Ocean;
and
(ii) does not mean any stock, strain or
member of American shad, sockeye salmon, or
striped bass.
(B) The definition of anadromous fish provided in
section 3403(a) of the Central Valley Project
Improvement Act (Public Law 102-575) shall not apply to
the operation of New Melones Dam and Reservoir, or to
any Federal action in the Stanislaus River.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(3) Districts.--The term ``districts'' means the Oakdale
Irrigation District and the South San Joaquin Irrigation
District.
(4) Pilot program.--The term ``program'' means the pilot
non-native predator removal program established under this
section.
(j) Sunset.--The authorities provided under this section shall
expire seven years after the implementation of the pilot program.
SEC. 115. SAN LUIS RESERVOIR.
In connection with operations of the Central Valley Project,
California, if San Luis Reservoir does not fill by the last day of
February, the Secretary of the Interior shall permit any entity with an
agricultural water service or repayment contract for the delivery of
water from the Delta Division or the San Luis Unit to reschedule into
the immediately following contract year (March 1 through the last day
of February) any unused Central Valley Project water previously
allocated for irrigation purposes. If water remaining in federal
storage in San Luis Reservoir on the last day of February is
insufficient to meet all rescheduling requests, the Secretary shall
apportion, based on contract quantity, among all such contractors that
request to reschedule water all water remaining in San Luis Reservoir
on the last day of February. The Secretary shall thereafter make all
reasonable efforts to make available additional rescheduled water;
provided that such efforts shall not interfere with the Central Valley
Project operations in the contract year into which Central Valley
Project has been rescheduled.
TITLE II--SAN JOAQUIN RIVER RESTORATION
SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.
As of the date of enactment of this title, the Secretary shall
cease any action to implement the Stipulation of Settlement (Natural
Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. S-88-1658 LKK/GGH).
SEC. 202. PURPOSE.
Section 10002 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended by striking ``implementation of the
Settlement'' and inserting ``restoration of the San Joaquin River''.
SEC. 203. DEFINITIONS.
Section 10003 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The term `Restoration Flows' means the additional
water released or bypassed from Friant Dam to insure that the
target flow entering Mendota Pool, located approximately 62
river miles downstream from Friant Dam, does not fall below 50
cubic feet per second.'';
(2) by striking paragraph (3) and inserting the following:
``(3) The term `Water Year' means March 1 through the last
day of February of the following Calendar Year, both dates
inclusive.''; and
(3) by adding at the end the following new paragraph:
``(4) The term `Critical Water Year' means when the total
unimpaired runoff at Friant Dam is less than 400,000 acre-feet,
as forecasted as of March 1 of that water year by the
California Department of Water Resources.''.
SEC. 204. IMPLEMENTATION OF RESTORATION.
Section 10004 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``authorized and directed'' and all that
follows through ``in the Settlement:'' and inserting
``authorized to carry out the following:'';
(B) by striking paragraphs (1), (2), (4), and (5);
(C) in paragraph (3)--
(i) by striking ``(3)'' and inserting
``(1)''; and
(ii) by striking ``paragraph 13 of the
Settlement'' and inserting ``this part''; and
(D) by adding at the end the following new
paragraphs:
``(2) In each Water Year, commencing in the Water Year
starting on March 1, 2015--
``(A) shall modify Friant Dam operations so as to
release the Restoration Flows for that Water Year,
except in any Critical Water Year;
``(B) shall ensure that the release of Restoration
Flows are maintained at the level prescribed by this
part, but that Restoration Flows do not reach
downstream of Mendota Pool;
``(C) shall release the Restoration Flows in a
manner that improves the fishery in the San Joaquin
River below Friant Dam, but upstream of Gravelly Ford
in existence as of the date of the enactment of this
part, and the associated riparian habitat; and
``(D) may, without limiting the actions required
under paragraphs (A) and (C) and subject to subsections
10004(a)(3) and 10004(l), use the Restoration Flows to
enhance or restore a warm water fishery downstream of
Gravelly Ford to and including Mendota Pool, if the
Secretary determines that it is reasonable, prudent,
and feasible to do so; and
``(3) Not later than 1 year after the date of the enactment
of this section, the Secretary shall develop and implement, in
cooperation with the State of California, a reasonable plan, to
fully recirculate, recapture, reuse, exchange, or transfer all
Restoration Flows and provide such recirculated, recaptured,
reused, exchanged, or transferred flows to those contractors
within the Friant Division, Hidden Unit, and Buchanan Unit of
the Central Valley Project that relinquished the Restoration
Flows so recirculated, recaptured, reused, exchanged, or
transferred. Such a plan shall address any impact on ground
water resources within the service area of the Friant Division,
Hidden Unit, and Buchanan Unit of the Central Valley Project
and mitigation may include ground water banking and recharge
projects. Such a plan shall not impact the water supply or
water rights of any entity outside the Friant Division, Hidden
unit, and Buchanan Unit of the Central Valley Project. Such a
plan shall be subject to applicable provisions of California
water law and the Secretary's use of Central Valley Project
facilities to make Project water (other than water released
from Friant Dam pursuant to this part) and water acquired
through transfers available to existing south-of-Delta Central
Valley Project contractors.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``the
Settlement'' and inserting ``this part''; and
(B) in paragraph (2), by striking ``the
Settlement'' and inserting ``this part'';
(3) in subsection (c), by striking ``the Settlement'' and
inserting ``this part'';
(4) by striking subsection (d) and inserting the following:
``(d) Mitigation of Impacts.--Prior to October 1, 2015, the
Secretary shall identify--
``(1) the impacts associated with the release of
Restoration Flows prescribed in this part;
``(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users, landowners and
agencies as a result of Restoration Flows prescribed in this
part; and
``(3) prior to the implementation of decisions or
agreements to construct, improve, operate, or maintain
facilities that the Secretary determines are needed to
implement this part, the Secretary shall implement all
mitigations measures identified in subsection (d)(2) before
Restoration Flows are commenced.'';
(5) in subsection (e), by striking ``the Settlement'' and
inserting ``this part'';
(6) in subsection (f), by striking ``the Settlement'' and
all that follows through ``section 10011'' and insert ``this
part'';
(7) in subsection (g)--
(A) by striking ``the Settlement and'' before this
part; and
(B) by striking ``or exchange contract'' and
inserting ``exchange contract, or water rights
settlement or holding contracts'';
(8) in subsection (h)--
(A) by striking ``Interim'' in the header;
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Interim Flows under the
Settlement'' and inserting ``Restoration Flows
under this part'';
(ii) in subparagraph (C)--
(I) in clause (i), by striking
``Interim'' and inserting
``Restoration''; and
(II) in clause (ii), by inserting
``and'' after the semicolon;
(iii) in subparagraph (D), by striking
``and'' at the end; and
(iv) by striking subparagraph (E);
(C) in paragraph (2)--
(i) by striking ``Interim'' and inserting
``Restoration'';
(ii) by striking subparagraph (A); and
(iii) by striking ``(B) exceed'' and
inserting ``exceed'';
(D) in paragraph (3), by striking ``Interim'' and
inserting ``Restoration''; and
(E) by striking paragraph (4) and inserting the
following:
``(4) Claims.--Within 60 days of enactment of this Act the
Secretary shall promulgate a rule establishing a claims process
to address current and future claims including, but not limited
to, ground water seepage, flooding, or levee instability
damages caused as a result of, arising out of, or related to
implementation of subtitle A of title X of Public Law 111-
11.'';
(9) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Settlement and parts I
and III'' and inserting ``this part'';
(ii) in subparagraph (A), by inserting
``and'' after the semicolon;
(iii) in subparagraph (B)--
(I) by striking ``additional
amounts authorized to be appropriated,
including the''; and
(II) by striking ``; and'' and
inserting a period; and
(iv) by striking subparagraph (C); and
(B) by striking paragraph (3); and
(10) by adding at the end the following new subsections:
``(k) No Impacts on Other Interests.--No Central Valley Project or
other water other than San Joaquin River water impounded by or bypassed
from Friant Dam shall be used to implement subsection (a)(2) unless
such use is on a voluntary basis. No cost associated with the
implementation of this section shall be imposed directly or indirectly
on any Central Valley Project contractor, or any other person or
entity, outside the Friant Division, the Hidden Unit, or the Buchanan
Unit, unless such costs are incurred on a voluntary basis. The
implementation of this part shall not result directly or indirectly in
any reduction in water supplies or water reliability on any Central
Valley Project contractor, any State Water Project contractor, or any
other person or entity, outside the Friant Division, the Hidden Unit,
or the Buchanan Unit, unless such reductions or costs are incurred on a
voluntary basis.
``(l) Priority.--All actions taken under this part shall be
subordinate to the Secretary's use of Central Valley Project facilities
to make Project water available to Project contractors, other than
water released from the Friant Dam pursuant to this part.
``(m) In General.--Notwithstanding section 8 of the Reclamation Act
of 1902, except as provided in this part, including title IV of the
Sacramento and San Joaquin Valleys Water Reliability Act, this part
preempts and supersedes any State law, regulation, or requirement that
imposes more restrictive requirements or regulations on the activities
authorized under this part. Nothing in this part shall alter or modify
the obligations, if any, of the Friant Division, Hidden Unit, and
Buchanan Unit of the Central Valley Project, or other water users on
the San Joaquin River or its tributaries, under orders issued by the
State Water Resources Control Board pursuant to the Porter-Cologne
Water Quality Control Act (California Water Code sections 13000 et
seq.). Any such order shall be consistent with the congressional
authorization for any affected Federal facility as it pertains to the
Central Valley Project.
``(n) Project Implementation.--Projects to implement this title
shall be phased such that each project shall follow the sequencing
identified below and include at least the--
``(1) project purpose and need;
``(2) identification of mitigation measures;
``(3) appropriate environmental review; and
``(4) prior to releasing Restoration Flows under this part,
the Secretary shall--
``(A) complete the implementation of mitigation
measures required; and
``(B) complete implementation of the project.''.
SEC. 205. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
Section 10005 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a), by striking ``the Settlement
authorized by this part'' and inserting ``this part'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) In general.--The
Secretary'' and inserting ``The Secretary'';
and
(ii) by striking ``the Settlement
authorized by this part'' and inserting ``this
part''; and
(B) by striking paragraph (2); and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the
Settlement'' and inserting ``this part'';
(B) in paragraph (2)--
(i) by striking ``through the exercise of
its eminent domain authority''; and
(ii) by striking ``the Settlement'' and
inserting ``this part''; and
(C) in paragraph (3), by striking ``section
10009(c)'' and inserting ``section 10009''.
SEC. 206. COMPLIANCE WITH APPLICABLE LAW.
Section 10006 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``unless
otherwise provided by this part'' before the period at
the end; and
(B) in paragraph (2), by striking ``the
Settlement'' and inserting ``this part'';
(2) in subsection (b), by inserting ``, unless otherwise
provided by this part'' before the period at the end;
(3) in subsection (c)--
(A) in paragraph (2), by striking ``section 10004''
and inserting ``this part''; and
(B) in paragraph (3), by striking ``the
Settlement'' and inserting ``this part''; and
(4) in subsection (d)--
(A) by inserting ``, including without limitation
to sections 10004(d) and 10004(h)(4) of this part,''
after ``implementing this part''; and
(B) by striking ``for implementation of the
Settlement''.
SEC. 207. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Section 10007 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in the matter preceding paragraph (1),
(A) by striking ``the Settlement'' and inserting
``enactment of this part''; and
(B) by inserting: ``and the obligations of the
Secretary and all other parties to protect and keep in
good condition any fish that may be planted or exist
below Friant Dam including any obligations under
section 5937 of the California Fish and Game Code and
the public trust doctrine, and those of the Secretary
and all other parties under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).'' before ``,
provided''; and
(2) in paragraph (1), by striking ``, as provided in the
Settlement''.
SEC. 208. NO PRIVATE RIGHT OF ACTION.
Section 10008(a) of the San Joaquin River Restoration Settlement
Act (Public Law 111-11) is amended--
(1) by striking ``not a party to the Settlement'' after
``person or entity''; and
(2) by striking ``or the Settlement'' before the period and
inserting ``unless otherwise provided by this part. Any Central
Valley Project long-term water service or repayment contractor
within the Friant Division, Hidden unit, or Buchanan Unit
adversely affected by the Secretary's failure to comply with
section 10004(a)(3) of this part may bring an action against
the Secretary for injunctive relief or damages, or both.''.
SEC. 209. IMPLEMENTATION.
Section 10009 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in the header by striking ``; settlement fund'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``the Settlement'' the
first place it appears and inserting ``this
part'';
(ii) by striking ``, estimated to total''
and all that follows through ``subsection
(b)(1),''; and
(iii) by striking ``provided however,'' and
all that follows through ``$110,000,000 of
State funds'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A)
In general.--The Secretary'' and inserting
``The Secretary'';
(ii) by striking subparagraph (B); and
(C) in paragraph (3)--
(i) by striking ``Except as provided in the
Settlement, to'' and inserting ``To''; and
(ii) by striking ``this Settlement'' and
inserting ``this part'';
(3) in subsection (b)(1)--
(A) by striking ``In addition'' through ``however,
that the'' and inserting ``The'';
(B) by striking ``such additional appropriations
only in amounts equal to''; and
(C) by striking ``or the Settlement'' before the
period;
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the Settlement'' and
inserting ``this part'';
(ii) in subparagraph (C), by striking
``from the sale of water pursuant to the
Settlement, or''; and
(iii) in subparagraph (D), by striking
``the Settlement'' and inserting ``this part'';
(B) in paragraph (2), by striking ``the Settlement
and'' before ``this part''; and
(5) by striking subsections (d) through (f).
SEC. 210. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
Section 10010 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(D), by striking ``the
Settlement and'' before ``this part''; and
(B) in paragraph (4)(C), by striking ``the
Settlement and'' before ``this part'';
(2) in subsection (c), by striking paragraph (3);
(3) in subsection (d)(1), by striking ``the Settlement'' in
both places it appears and inserting ``this part'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``Interim Flows or
Restoration Flows, pursuant to paragraphs 13 or
15 of the Settlement'' and inserting
``Restoration Flows, pursuant to this part'';
(ii) by striking ``Interim Flows or''
before ``Restoration Flows''; and
(iii) by striking ``the Interim Flows or
Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as
described in the Settlement'' and inserting
``Restoration Flows''; and
(B) in paragraph (2)--
(i) by striking ``except as provided in
paragraph 16(b) of the Settlement'' after
``Friant Division long-term contractor''; and
(ii) by striking ``the Interim Flows or
Restoration Flows or to facilitate the Water
Management Goal'' and inserting ``Restoration
Flows''.
SEC. 211. REPEAL.
Section 10011 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is repealed.
SEC. 212. WATER SUPPLY MITIGATION.
Section 10202(b) of the San Joaquin River Restoration Settlement
Act (Public Law 111-11) is amended--
(1) in paragraph (1), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part'';
(2) in paragraph (2), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``meet the
Restoration Goal as described in part I of this
subtitle'' and inserting ``recover Restoration Flows as
described in this part'';
(B) in subparagraph (C)--
(i) by striking ``the Interim or
Restoration Flows authorized in part I of this
subtitle'' and inserting ``Restoration Flows
authorized in this part''; and
(ii) by striking ``, and for ensuring
appropriate adjustment in the recovered water
account pursuant to section 10004(a)(5)''.
SEC. 213. ADDITIONAL AUTHORITIES.
Section 10203 of the San Joaquin River Restoration Settlement Act
(Public Law 111-11) is amended--
(1) in subsection (b)--
(A) by striking ``section 10004(a)(4)'' and
inserting ``section 10004(a)(3)''; and
(B) by striking ``, provided'' and all that follows
through ``section 10009(f)(2)''; and
(2) by striking subsection (c).
TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS
SEC. 301. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) Not later than 1 year after enactment, the Secretary of
the Interior, upon request of the contractor, shall convert all
existing long-term Central Valley Project contracts entered
under subsection (e) of section 9 of the Act of August 4, 1939
(53 Stat. 1196), to a contract under subsection (d) of section
9 of said Act (53 Stat. 1195), under mutually agreeable terms
and conditions.
(2) Upon request of the contractor, the Secretary is
further authorized to convert, not later than 1 year after
enactment, any Central Valley Project long-term contract
entered under subsection (c)(2) of section 9 of the Act of
August 4, 1939 (53 Stat. 1194), to a contract under subsection
(c)(1) of section 9 of said Act, under mutually agreeable terms
and conditions.
(3) All contracts entered into pursuant to paragraph (1)
shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the most current
version of the Central Valley Project Schedule of
Irrigation Capital Allocations by Contractor, as
adjusted to reflect payments not reflected in such
schedule, and properly assignable for ultimate return
by the contractor, no later than January 31, 2015, or
if made in approximately equal annual installments, no
later than January 31, 2018; such amount to be
discounted by the Treasury Rate. An estimate of the
remaining amount of construction costs as of January
31, 2015, as adjusted, shall be provided by the
Secretary of the Interior to each contractor no later
than 180 days after enactment;
(B) require that, notwithstanding subsection
(c)(2), construction costs or other capitalized costs
incurred after the effective date of the converted
contract or not reflected in the schedule referenced in
subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years
after notification of the allocation if such amount is
a result of a collective annual allocation of capital
costs to the contractors exercising contract
conversions under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any
other context; and
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract.
(4) All contracts entered into pursuant to paragraph (2)
shall--
(A) require the repayment in lump sum of the
remaining amount of construction costs identified in
the most current version of the Central Valley Project
Schedule of Municipal and Industrial Water Rates, as
adjusted to reflect payments not reflected in such
schedule, and properly assignable for ultimate return
by the contractor, no later than January 31, 2018. An
estimate of the remaining amount of construction costs
as of January 31, 2018, as adjusted, shall be provided
by the Secretary of the Interior to each contractor no
later than 180 days after enactment; and
(B) require that, notwithstanding subsection
(c)(2), construction costs or other capitalized costs
incurred after the effective date of the contract or
not reflected in the schedule referenced in
subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years
after notification of the allocation if such amount is
a result of a collective annual allocation of capital
costs to the contractors exercising contract
conversions under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any
other context.
(b) Final Adjustment.--The amounts paid pursuant to subsection (a)
shall be subject to adjustment following a final cost allocation by the
Secretary of the Interior upon completion of the construction of the
Central Valley Project. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be no less than 1 year and no more
than 10 years, however, mutually agreeable provisions regarding the
rate of repayment of such amount may be developed by the parties. In
the event that the final cost allocation indicates that the costs
properly assignable to the contractor are less than what the contractor
has paid, the Secretary of the Interior is authorized and directed to
credit such overpayment as an offset against any outstanding or future
obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under
subsection (a)(3)(B) or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment of
the construction costs as provided in subsection (a)(3)(A), the
ownership and full-cost pricing limitations of any provision of
Federal reclamation law shall not apply to lands in such
district.
(2) Notwithstanding any repayment obligation under
paragraph (3)(B) or paragraph (4)(B) of subsection (a), or
subsection (b), upon a contractor's compliance with and
discharge of the obligation of repayment of the construction
costs as provided in paragraphs (3)(A) and (4)(A) of subsection
(a), such contractor shall continue to pay applicable operation
and maintenance costs and other charges applicable to such
repayment contracts pursuant to the then-current rate-setting
policy and applicable law.
(d) Certain Repayment Obligations Not Altered.--Implementation of
the provisions of this section shall not alter the repayment obligation
of any other long-term water service or repayment contractor receiving
water from the Central Valley Project, or shift any costs that would
otherwise have been properly assignable to any contractors absent this
section, including operations and maintenance costs, construction
costs, or other capitalized costs incurred after the date of enactment
of this Act, to other such contractors.
(e) Statutory Interpretation.--Nothing in this part shall be
construed to affect the right of any long-term contractor to use a
particular type of financing to make the payments required in paragraph
(3)(A) or paragraph (4)(A) of subsection (a).
(f) Definition of Treasury Rate.--For purposes of this section,
``Treasury Rate'' shall be defined as the 20-year Constant Maturity
Treasury rate published by the United States Department of the Treasury
as of October 1, 2014.
TITLE IV--BAY-DELTA WATERSHED WATER RIGHTS PRESERVATION AND PROTECTION
SEC. 401. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.
Notwithstanding the provisions of this Act, Federal reclamation
law, or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)--
(1) the Secretary of the Interior (``Secretary'') is
directed, in the operation of the Central Valley Project, to
strictly adhere to State water rights law governing water
rights priorities by honoring water rights senior to those
belonging to the Central Valley Project, regardless of the
source of priority;
(2) the Secretary is directed, in the operation of the
Central Valley Project, to strictly adhere to and honor water
rights and other priorities that are obtained or exist pursuant
to the provisions of California Water Code sections 10505,
10505:5, 11128, 11460, and 11463; and sections 12200 to 12220,
inclusive; and
(3) any action that affects the diversion of water or
involves the release of water from any Central Valley Project
water storage facility taken by the Secretary or the Secretary
of the Department of Commerce to conserve, enhance, recover, or
otherwise protect any species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied
in a manner that is consistent with water right priorities
established by State law.
SEC. 402. SACRAMENTO RIVER SETTLEMENT CONTRACTS.
In the implementation of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), in the Bay-Delta and on the Sacramento River, the
Secretary and the Secretary of Commerce are directed to apply any
limitations on the operation of the Central Valley Project or to
formulate any ``reasonable prudent alternative'' associated with the
operation of the Central Valley Project in a manner that strictly
adheres to and applies the water rights priorities for ``Project
Water'' and ``Base Supply'' provided for in the Sacramento River
Settlement Contracts. Article 3(i) of the Sacramento River Settlement
Contracts shall not be utilized by the United States as means to
provide shortages to the Sacramento River Settlement Contracts that are
different than those provided for in Article 5(a) of those contracts.
SEC. 403. SACRAMENTO RIVER WATERSHED WATER SERVICE CONTRACTORS.
(a) In General.--Subject to subsection (b) and the absolute
priority of the Sacramento River Settlement Contractors to Sacramento
River supplies over Central Valley Project diversions and deliveries to
other contractors, the Secretary is directed, in the operation of the
Central Valley Project, to allocate water provided for irrigation
purposes to existing Central Valley Project agricultural water service
contractors within the Sacramento River Watershed in compliance with
the following:
(1) Not less than 100% of their contract quantities in a
``Wet'' year.
(2) Not less than 100% of their contract quantities in an
``Above Normal'' year.
(3) Not less than 100% of their contract quantities in a
``Below Normal'' year.
(4) Not less than 75% of their contract quantities in a
``Dry'' year.
(5) Not less than 50% of their contract quantities in a
``Critically Dry'' year.
(b) Protection of Municipal and Industrial Supplies.--Nothing in
subsection (a) shall be deemed to: (i) modify any provision of a water
service contract that addresses municipal and industrial water shortage
policies of the Secretary; (ii) affect or limit the authority of the
Secretary to adopt or modify municipal and industrial water shortage
policies; (iii) affect or limit the authority of the Secretary to
implement municipal and industrial water shortage policies; or (iv)
affect allocations to Central Valley Project municipal and industrial
contractors pursuant to such policies. Neither subsection (a) nor the
Secretary's implementation of subsection (a) shall constrain, govern or
affect, directly or indirectly, the operations of the Central Valley
Project's American River Division or any deliveries from that Division,
its units or its facilities.
(c) Definitions.--In this section:
(1) The term ``existing Central Valley Project agricultural
water service contractors within the Sacramento River
Watershed'' means water service contractors within the Shasta,
Trinity, and Sacramento River Divisions of the Central Valley
Project, that have a water service contract in effect, on the
date of the enactment of this section, that provides water for
irrigation.
(2) The year type terms used in subsection (a) have the
meaning given those year types in the Sacramento Valley Water
Year Type (40-30-30) Index.
SEC. 404. NO REDIRECTED ADVERSE IMPACTS.
The Secretary shall insure that there are no redirected adverse
water supply or fiscal impacts to those within the Sacramento River or
San Joaquin River watershed or to the State Water Project arising from
the Secretary's operation of the Central Valley Project to meet legal
obligations imposed by or through any State or Federal agency,
including, but not limited to those legal obligations emanating from
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or this
Act, or actions or activities implemented to meet the twin goals of
improving water supply or addressing environmental needs of the Bay
Delta.
TITLE V--MISCELLANEOUS
SEC. 501. PRECEDENT.
Congress finds and declares that--
(1) coordinated operations between the Central Valley
Project and the State Water Project, previously requested and
consented to by the State of California and the Federal
Government, require assertion of Federal supremacy to protect
existing water rights throughout the system; and
(2) these circumstances are unique to California.
Therefore, nothing in this Act shall serve as precedent in any other
State.
SEC. 502. NO EFFECT ON PROCLAMATION OF STATE OF EMERGENCY.
Nothing in this Act shall affect in any way the Proclamation of
State of Emergency and associated Executive Order issued by Governor
Edmund G. Brown, Jr. on January 17, 2014, or the authorities granted
thereby, including without limitation the authority of the California
State Water Resources Control Board to modify any standards or
operational constraints adopted to implement the ``Principles for on
the Bay-Delta Standards Between the State of California and the Federal
Government'', dated December 15, 1994, so as to make additional
irrigation and municipal and industrial water supplies available in the
Central Valley Project and State Water Project service areas during the
state of emergency.
SEC. 503. WILD AND SCENIC RIVERS ACT.
(a) Wild and Scenic Rivers Act.--Section 3(a)(62)(B)(i) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)(62)(B)(i)) is amended--
(1) by striking ``the normal maximum'' the first place that
it appears and all that follows through ``April, 1990.'' and
inserting the following: ``the boundary of FERC Project No.
2179 as it existed on February 15, 2013, consisting of a point
approximately 2,480 feet downstream of the confluence with the
North Fork of the Merced River, consisting of approximately 7.4
miles.''; and
(2) by striking ``the normal maximum operating pool water
surface level of Lake McClure'' the second place that it
appears and inserting ``the boundary of FERC Project No. 2179
as it existed on February 15, 2013, consisting of a point
approximately 2,480 feet downstream of the confluence with the
North Fork of the Merced River''.
(b) Exchequer Project.--Section 3 of Public Law 102-432 is amended
by striking ``Act'' and all that follows through the period and
inserting ``Act.''.
SEC. 504. FISHERIES DISASTER DECLARATION.
The Proclamation of State Emergency and associated Executive order
issued by Governor Edmund G. Brown, Jr. on January 17, 2014, shall be
considered a request by the Governor for purposes of section 312(a) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a) to determine that a fishery resource disaster exists for
fisheries that originate in the State of California.
Passed the House of Representatives February 5, 2014.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 306
113th CONGRESS
2d Session
H. R. 3964
_______________________________________________________________________
AN ACT
To address certain water-related concerns in the Sacramento-San Joaquin
Valley, and for other purposes.
_______________________________________________________________________
February 10, 2014
Read the second time and placed on the calendar