[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Referred in Senate (RFS)]
114th CONGRESS
1st Session
H. R. 2898
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2015
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To provide drought relief in the State of California, 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 ``Western Water and
American Food Security Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME
MONITORING AND UPDATED SCIENCE
Sec. 101. Definitions.
Sec. 102. Revise incidental take level calculation for delta smelt to
reflect new science.
Sec. 103. Factoring increased real-time monitoring and updated science
into Delta smelt management.
TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
Sec. 201. Definitions.
Sec. 202. Process for ensuring salmonid management is responsive to new
science.
Sec. 203. Non-Federal program to protect native anadromous fish in the
Stanislaus River.
Sec. 204. Pilot projects to implement CALFED invasive species program.
TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
Sec. 301. Definitions.
Sec. 302. Operational flexibility in times of drought.
Sec. 303. Operation of cross-channel gates.
Sec. 304. Flexibility for export/inflow ratio.
Sec. 305. Emergency environmental reviews.
Sec. 306. Increased flexibility for regular project operations.
Sec. 307. Temporary operational flexibility for first few storms of the
water year.
Sec. 308. Expediting water transfers.
Sec. 309. Additional emergency consultation.
Sec. 310. Additional storage at New Melones.
Sec. 311. Regarding the operation of Folsom Reservoir.
Sec. 312. Applicants.
Sec. 313. San Joaquin River settlement.
Sec. 314. Program for water rescheduling.
TITLE IV--CALFED STORAGE FEASIBILITY STUDIES
Sec. 401. Studies.
Sec. 402. Temperance Flat.
Sec. 403. CALFED storage accountability.
Sec. 404. Water storage project construction.
TITLE V--WATER RIGHTS PROTECTIONS
Sec. 501. Offset for State Water Project.
Sec. 502. Area of origin protections.
Sec. 503. No redirected adverse impacts.
Sec. 504. Allocations for Sacramento Valley contractors.
Sec. 505. Effect on existing obligations.
TITLE VI--MISCELLANEOUS
Sec. 601. Authorized service area.
Sec. 602. Oversight board for Restoration Fund.
Sec. 603. Water supply accounting.
Sec. 604. Implementation of water replacement plan.
Sec. 605. Natural and artificially spawned species.
Sec. 606. Transfer the New Melones Unit, Central Valley Project to
interested providers.
Sec. 607. Basin studies.
Sec. 608. Operations of the Trinity River Division.
Sec. 609. Amendment to purposes.
Sec. 610. Amendment to definition.
Sec. 611. Report on results of water usage.
Sec. 612. Klamath project consultation applicants.
TITLE VII--WATER SUPPLY PERMITTING ACT
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Establishment of lead agency and cooperating agencies.
Sec. 704. Bureau responsibilities.
Sec. 705. Cooperating agency responsibilities.
Sec. 706. Funding to process permits.
TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Acceleration of studies.
Sec. 804. Expedited completion of reports.
Sec. 805. Project acceleration.
Sec. 806. Annual report to Congress.
TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT
Sec. 901. Short title.
Sec. 902. Prepayment of certain repayment contracts between the United
States and contractors of federally
developed water supplies.
TITLE X--SAFETY OF DAMS
Sec. 1001. Authorization of additional project benefits.
TITLE XI--WATER RIGHTS PROTECTION
Sec. 1101. Short title.
Sec. 1102. Definition of water right.
Sec. 1103. Treatment of water rights.
Sec. 1104. Recognition of State authority.
Sec. 1105. Effect of title.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) As established in the Proclamation of a State of
Emergency issued by the Governor of the State on January 17,
2014, the State is experiencing record dry conditions.
(2) Extremely dry conditions have persisted in the State
since 2012, and the drought conditions are likely to persist
into the future.
(3) The water supplies of the State are at record-low
levels, as indicated by the fact that all major Central Valley
Project reservoir levels were at 20-35 percent of capacity as
of September 25, 2014.
(4) The lack of precipitation has been a significant
contributing factor to the 6,091 fires experienced in the State
as of September 15, 2014, and which covered nearly 400,000
acres.
(5) According to a study released by the University of
California, Davis in July 2014, the drought has led to the
fallowing of 428,000 acres of farmland, loss of $810 million in
crop revenue, loss of $203 million in dairy and other livestock
value, and increased groundwater pumping costs by $454 million.
The statewide economic costs are estimated to be $2.2 billion,
with over 17,000 seasonal and part-time agricultural jobs lost.
(6) CVPIA Level II water deliveries to refuges have also
been reduced by 25 percent in the north of Delta region, and by
35 percent in the south of Delta region.
(7) Only one-sixth of the usual acres of rice fields are
being flooded this fall, which leads to a significant decline
in habitat for migratory birds and an increased risk of disease
at the remaining wetlands due to overcrowding of such birds.
(8) The drought of 2013 through 2014 constitutes a serious
emergency that poses immediate and severe risks to human life
and safety and to the environment throughout the State.
(9) The serious emergency described in paragraph (4)
requires--
(A) immediate and credible action that respects the
complexity of the water system of the State and the
importance of the water system to the entire State; and
(B) policies that do not pit stakeholders against
one another, which history shows only leads to costly
litigation that benefits no one and prevents any real
solutions.
(10) Data on the difference between water demand and
reliable water supplies for various regions of California south
of the Delta, including the San Joaquin Valley, indicate there
is a significant annual gap between reliable water supplies to
meet agricultural, municipal and industrial, groundwater, and
refuges water needs within the Delta Division, San Luis Unit
and Friant Division of the Central Valley Project and the State
Water Project south of the Sacramento-San Joaquin River Delta
and the demands of those areas. This gap varies depending on
the methodology of the analysis performed, but can be
represented in the following ways:
(A) For Central Valley Project South-of-Delta water
service contractors, if it is assumed that a water
supply deficit is the difference in the amount of water
available for allocation versus the maximum contract
quantity, then the water supply deficits that have
developed from 1992 to 2014 as a result of legislative
and regulatory changes besides natural variations in
hydrology during this timeframe range between 720,000
and 1,100,000 acre-feet.
(B) For Central Valley Project and State Water
Project water service contractors south of the Delta
and north of the Tehachapi mountain range, if it is
assumed that a water supply deficit is the difference
between reliable water supplies, including maximum
water contract deliveries, safe yield of groundwater,
safe yield of local and surface supplies and long-term
contracted water transfers, and water demands,
including water demands from agriculture, municipal and
industrial and refuge contractors, then the water
supply deficit ranges between approximately 2,500,000
to 2,700,000 acre-feet.
(11) Data of pumping activities at the Central Valley
Project and State Water Project delta pumps identifies that, on
average from Water Year 2009 to Water Year 2014, take of Delta
smelt is 80 percent less than allowable take levels under the
biological opinion issued December 15, 2008.
(12) Data of field sampling activities of the Interagency
Ecological Program located in the Sacramento-San Joaquin
Estuary identifies that, on average from 2005 to 2013, the
program ``takes'' 3,500 delta smelt during annual surveys with
an authorized ``take'' level of 33,480 delta smelt annually--
according to the biological opinion issued December 9, 1997.
(13) In 2015, better information exists than was known in
2008 concerning conditions and operations that may or may not
lead to high salvage events that jeopardize the fish
populations, and what alternative management actions can be
taken to avoid jeopardy.
(14) Alternative management strategies, removing non-native
species, enhancing habitat, monitoring fish movement and
location in real-time, and improving water quality in the Delta
can contribute significantly to protecting and recovering these
endangered fish species, and at potentially lower costs to
water supplies.
(15) Resolution of fundamental policy questions concerning
the extent to which application of the Endangered Species Act
of 1973 affects the operation of the Central Valley Project and
State Water Project is the responsibility of Congress.
SEC. 3. DEFINITIONS.
In this Act:
(1) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh, as defined in sections
12220 and 29101 of the California Public Resources Code.
(2) Export pumping rates.--The term ``export pumping
rates'' means the rates of pumping at the C.W. ``Bill'' Jones
Pumping Plant and the Harvey O. Banks Pumping Plant, in the
southern Delta.
(3) Listed fish species.--The term ``listed fish species''
means listed salmonid species and the Delta smelt.
(4) Listed salmonid species.--The term ``listed salmonid
species'' means natural origin steelhead, natural origin
genetic spring run Chinook, and genetic winter run Chinook
salmon including hatchery steelhead or salmon populations
within the evolutionary significant unit (ESU) or distinct
population segment (DPS).
(5) Negative impact on the long-term survival.--The term
``negative impact on the long-term survival'' means to reduce
appreciably the likelihood of the survival of a listed species
in the wild by reducing the reproduction, numbers, or
distribution of that species.
(6) OMR.--The term ``OMR'' means the Old and Middle River
in the Delta.
(7) OMR flow of -5,000 cubic feet per second.--The term
``OMR flow of -5,000 cubic feet per second'' means Old and
Middle River flow of negative 5,000 cubic feet per second as
described in--
(A) the smelt biological opinion; and
(B) the salmonid biological opinion.
(8) Salmonid biological opinion.--The term ``salmonid
biological opinion'' means the biological opinion issued by the
National Marine Fisheries Service on June 4, 2009.
(9) Smelt biological opinion.--The term ``smelt biological
opinion'' means the biological opinion on the Long-Term
Operational Criteria and Plan for coordination of the Central
Valley Project and State Water Project issued by the United
States Fish and Wildlife Service on December 15, 2008.
(10) State.--The term ``State'' means the State of
California.
TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME
MONITORING AND UPDATED SCIENCE
SEC. 101. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION FOR DELTA SMELT TO
REFLECT NEW SCIENCE.
(a) Review and Modification.--Not later than October 1, 2016, and
at least every five years thereafter, the Director, in cooperation with
other Federal, State, and local agencies, shall use the best scientific
and commercial data available to complete a review and, modify the
method used to calculate the incidental take levels for adult and
larval/juvenile Delta smelt in the smelt biological opinion that takes
into account all life stages, among other considerations--
(1) salvage information collected since at least 1993;
(2) updated or more recently developed statistical models;
(3) updated scientific and commercial data; and
(4) the most recent information regarding the environmental
factors affecting Delta smelt salvage.
(b) Modified Incidental Take Level.--Unless the Director determines
in writing that one or more of the requirements described in paragraphs
(1) through (4) are not appropriate, the modified incidental take level
described in subsection (a) shall--
(1) be normalized for the abundance of prespawning adult
Delta smelt using the Fall Midwater Trawl Index or other index;
(2) be based on a simulation of the salvage that would have
occurred from 1993 through 2012 if OMR flow has been consistent
with the smelt biological opinions;
(3) base the simulation on a correlation between annual
salvage rates and historic water clarity and OMR flow during
the adult salvage period; and
(4) set the incidental take level as the 80 percent upper
prediction interval derived from simulated salvage rates since
at least 1993.
SEC. 103. FACTORING INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE
INTO DELTA SMELT MANAGEMENT.
(a) In General.--The Director shall use the best scientific and
commercial data available to implement, continuously evaluate, and
refine or amend, as appropriate, the reasonable and prudent alternative
described in the smelt biological opinion, and any successor opinions
or court order. The Secretary shall make all significant decisions
under the smelt biological opinion, or any successor opinions that
affect Central Valley Project and State Water Project operations, in
writing, and shall document the significant facts upon which such
decisions are made, consistent with section 706 of title 5, United
States Code.
(b) Increased Monitoring To Inform Real-Time Operations.--The
Secretary shall conduct additional surveys, on an annual basis at the
appropriate time of the year based on environmental conditions, in
collaboration with other Delta science interests.
(1) In implementing this section, the Secretary shall--
(A) use the most accurate survey methods available
for the detection of Delta smelt to determine the
extent that adult Delta smelt are distributed in
relation to certain levels of turbidity, or other
environmental factors that may influence salvage rate;
and
(B) use results from appropriate survey methods for
the detection of Delta smelt to determine how the
Central Valley Project and State Water Project may be
operated more efficiently to minimize salvage while
maximizing export pumping rates without causing a
significant negative impact on the long-term survival
of the Delta smelt.
(2) During the period beginning on December 1, 2015, and
ending March 31, 2016, and in each successive December through
March period, if suspended sediment loads enter the Delta from
the Sacramento River and the suspended sediment loads appear
likely to raise turbidity levels in the Old River north of the
export pumps from values below 12 Nephelometric Turbidity Units
(NTU) to values above 12 NTU, the Secretary shall--
(A) conduct daily monitoring using appropriate
survey methods at locations including, but not limited
to, the vicinity of Station 902 to determine the extent
that adult Delta smelt are moving with turbidity toward
the export pumps; and
(B) use results from the monitoring surveys
referenced in paragraph (A) to determine how increased
trawling can inform daily real-time Central Valley
Project and State Water Project operations to minimize
salvage while maximizing export pumping rates without
causing a significant negative impact on the long-term
survival of the Delta smelt.
(c) Periodic Review of Monitoring.--Within 12 months of the date of
enactment of this title, and at least once every 5 years thereafter,
the Secretary shall--
(1) evaluate whether the monitoring program under
subsection (b), combined with other monitoring programs for the
Delta, is providing sufficient data to inform Central Valley
Project and State Water Project operations to minimize salvage
while maximizing export pumping rates without causing a
significant negative impact on the long-term survival of the
Delta smelt; and
(2) determine whether the monitoring efforts should be
changed in the short or long term to provide more useful data.
(d) Delta Smelt Distribution Study.--
(1) In general.--No later than January 1, 2016, and at
least every five years thereafter, the Secretary, in
collaboration with the California Department of Fish and
Wildlife, the California Department of Water Resources, public
water agencies, and other interested entities, shall implement
new targeted sampling and monitoring specifically designed to
understand Delta smelt abundance, distribution, and the types
of habitat occupied by Delta smelt during all life stages.
(2) Sampling.--The Delta smelt distribution study shall, at
a minimum--
(A) include recording water quality and tidal data;
(B) be designed to understand Delta smelt
abundance, distribution, habitat use, and movement
throughout the Delta, Suisun Marsh, and other areas
occupied by the Delta smelt during all seasons;
(C) consider areas not routinely sampled by
existing monitoring programs, including wetland
channels, near-shore water, depths below 35 feet, and
shallow water; and
(D) use survey methods, including sampling gear,
best suited to collect the most accurate data for the
type of sampling or monitoring.
(e) Scientifically Supported Implementation of OMR Flow
Requirements.--In implementing the provisions of the smelt biological
opinion, or any successor biological opinion or court order, pertaining
to management of reverse flow in the Old and Middle Rivers, the
Secretary shall--
(1) consider the relevant provisions of the biological
opinion or any successor biological opinion;
(2) to maximize Central Valley project and State Water
Project water supplies, manage export pumping rates to achieve
a reverse OMR flow rate of -5,000 cubic feet per second unless
information developed by the Secretary under paragraphs (3) and
(4) leads the Secretary to reasonably conclude that a less
negative OMR flow rate is necessary to avoid a negative impact
on the long-term survival of the Delta smelt. If information
available to the Secretary indicates that a reverse OMR flow
rate more negative than -5,000 cubic feet per second can be
established without an imminent negative impact on the long-
term survival of the Delta smelt, the Secretary shall manage
export pumping rates to achieve that more negative OMR flow
rate;
(3) document in writing any significant facts about real-
time conditions relevant to the determinations of OMR reverse
flow rates, including--
(A) whether targeted real-time fish monitoring in
the Old River pursuant to this section, including
monitoring in the vicinity of Station 902, indicates
that a significant negative impact on the long-term
survival of the Delta smelt is imminent; and
(B) whether near-term forecasts with available
salvage models show under prevailing conditions that
OMR flow of -5,000 cubic feet per second or higher will
cause a significant negative impact on the long-term
survival of the Delta smelt;
(4) show in writing that any determination to manage OMR
reverse flow at rates less negative than -5,000 cubic feet per
second is necessary to avoid a significant negative impact on
the long-term survival of the Delta smelt, including an
explanation of the data examined and the connection between
those data and the choice made, after considering--
(A) the distribution of Delta smelt throughout the
Delta;
(B) the potential effects of documented, quantified
entrainment on subsequent Delta smelt abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination; and
(E) whether any alternative measures could have a
substantially lesser water supply impact; and
(5) for any subsequent biological opinion, make the showing
required in paragraph (4) for any determination to manage OMR
reverse flow at rates less negative than the most negative
limit in the biological opinion if the most negative limit in
the biological opinion is more negative than -5,000 cubic feet
per second.
(f) Memorandum of Understanding.--No later than December 1, 2015,
the Commissioner and the Director will execute a Memorandum of
Understanding (MOU) to ensure that the smelt biological opinion is
implemented in a manner that maximizes water supply while complying
with applicable laws and regulations. If that MOU alters any procedures
set out in the biological opinion, there will be no need to reinitiate
consultation if those changes will not have a significant negative
impact on the long-term survival on listed species and the
implementation of the MOU would not be a major change to implementation
of the biological opinion. Any change to procedures that does not
create a significant negative impact on the long-term survival to
listed species will not alter application of the take permitted by the
incidental take statement in the biological opinion under section
7(o)(2) of the Endangered Species Act of 1973.
(g) Calculation of Reverse Flow in OMR.--Within 90 days of the
enactment of this title, the Secretary is directed, in consultation
with the California Department of Water Resources to revise the method
used to calculate reverse flow in Old and Middle Rivers for
implementation of the reasonable and prudent alternatives in the smelt
biological opinion and the salmonid biological opinion, and any
succeeding biological opinions, for the purpose of increasing Central
Valley Project and State Water Project water supplies. The method of
calculating reverse flow in Old and Middle Rivers shall be reevaluated
not less than every five years thereafter to achieve maximum export
pumping rates within limits established by the smelt biological
opinion, the salmonid biological opinion, and any succeeding biological
opinions.
TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
SEC. 201. DEFINITIONS.
In this title:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator of the
National Oceanic and Atmospheric Administration for Fisheries.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Other affected interests.--The term ``other affected
interests'' means the State of California, Indian tribes,
subdivisions of the State of California, public water agencies
and those who benefit directly and indirectly from the
operations of the Central Valley Project and the State Water
Project.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(5) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
SEC. 202. PROCESS FOR ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW
SCIENCE.
(a) General Directive.--The reasonable and prudent alternative
described in the salmonid biological opinion allows for and anticipates
adjustments in Central Valley Project and State Water Project operation
parameters to reflect the best scientific and commercial data currently
available, and authorizes efforts to test and evaluate improvements in
operations that will meet applicable regulatory requirements and
maximize Central Valley Project and State Water Project water supplies
and reliability. Implementation of the reasonable and prudent
alternative described in the salmonid biological opinion shall be
adjusted accordingly as new scientific and commercial data are
developed. The Commissioner and the Assistant Administrator shall fully
utilize these authorities as described below.
(b) Annual Reviews of Certain Central Valley Project and State
Water Project Operations.--No later than December 31, 2016, and at
least annually thereafter:
(1) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments to the
initiation of Action IV.2.3 as set forth in the Biological
Opinion and Conference Opinion on the Long-Term Operations of
the Central Valley Project and State Water Project, Endangered
Species Act Section 7 Consultation, issued by the National
Marine Fisheries Service on June 4, 2009, pertaining to
negative OMR flows, subject to paragraph (5).
(2) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments in the
timing, triggers or other operational details relating to the
implementation of pumping restrictions in Action IV.2.1
pertaining to the inflow to export ratio, subject to paragraph
(5).
(3) Pursuant to the consultation and assessments carried
out under paragraphs (1) and (2) of this subsection, the
Commissioner and the Assistant Administrator shall jointly make
recommendations to the Secretary of the Interior and to the
Secretary on adjustments to project operations that, in the
exercise of the adaptive management provisions of the salmonid
biological opinion, will reduce water supply impacts of the
salmonid biological opinion on the Central Valley Project and
the California State Water Project and are consistent with the
requirements of applicable law and as further described in
subsection (c).
(4) The Secretary and the Secretary of the Interior shall
direct the Commissioner and Assistant Administrator to
implement recommended adjustments to Central Valley Project and
State Water Project operations for which the conditions under
subsection (c) are met.
(5) The Assistant Administrator and the Commissioner shall
review and identify adjustments to Central Valley Project and
State Water Project operations with water supply restrictions
in any successor biological opinion to the salmonid biological
opinion, applying the provisions of this section to those water
supply restrictions where there are references to Actions
IV.2.1 and IV.2.3.
(c) Implementation of Operational Adjustments.--After reviewing the
recommendations under subsection (b), the Secretary of the Interior and
the Secretary shall direct the Commissioner and the Assistant
Administrator to implement those operational adjustments, or any
combination, for which, in aggregate--
(1) the net effect on listed species is equivalent to those
of the underlying project operational parameters in the
salmonid biological opinion, taking into account both--
(A) efforts to minimize the adverse effects of the
adjustment to project operations; and
(B) whatever additional actions or measures may be
implemented in conjunction with the adjustments to
operations to offset the adverse effects to listed
species, consistent with (d), that are in excess of the
adverse effects of the underlying operational
parameters, if any; and
(2) the effects of the adjustment can be reasonably
expected to fall within the incidental take authorizations.
(d) Evaluation of Offsetting Measures.--When examining and
identifying opportunities to offset the potential adverse effect of
adjustments to operations under subsection (c)(1)(B), the Commissioner
and the Assistant Administrator shall take into account the potential
species survival improvements that are likely to result from other
measures which, if implemented in conjunction with such adjustments,
would offset adverse effects, if any, of the adjustments. When
evaluating offsetting measures, the Commissioner and the Assistant
Administrator shall consider the type, timing and nature of the adverse
effects, if any, to specific species and ensure that the measures
likely provide equivalent overall benefits to the listed species in the
aggregate, as long as the change will not cause a significant negative
impact on the long-term survival of a listed salmonid species.
(e) Framework for Examining Opportunities To Minimize or Offset the
Potential Adverse Effect of Adjustments to Operations.--Not later than
December 31, 2015, and every five years thereafter, the Assistant
Administrator shall, in collaboration with the Director of the
California Department of Fish and Wildlife, based on the best
scientific and commercial data available and for each listed salmonid
species, issue estimates of the increase in through-Delta survival the
Secretary expects to be achieved--
(1) through restrictions on export pumping rates as
specified by Action IV.2.3 as compared to limiting OMR flow to
a fixed rate of -5,000 cubic feet per second within the time
period Action IV.2.3 is applicable, based on a given rate of
San Joaquin River inflow to the Delta and holding other
relevant factors constant;
(2) through San Joaquin River inflow to export restrictions
on export pumping rates specified within Action IV.2.1 as
compared to the restrictions in the April/May period imposed by
the State Water Resources Control Board decision D-1641, based
on a given rate of San Joaquin River inflow to the Delta and
holding other relevant factors constant;
(3) through physical habitat restoration improvements;
(4) through predation control programs;
(5) through the installation of temporary barriers, the
management of Cross Channel Gates operations, and other
projects affecting flow in the Delta;
(6) through salvaging fish that have been entrained near
the entrance to Clifton Court Forebay;
(7) through any other management measures that may provide
equivalent or better protections for listed species while
maximizing export pumping rates without causing a significant
negative impact on the long-term survival of a listed salmonid
species; and
(8) through development and implementation of conservation
hatchery programs for salmon and steelhead to aid in the
recovery of listed salmon and steelhead species.
(f) Survival Estimates.--
(1) To the maximum extent practicable, the Assistant
Administrator shall make quantitative estimates of survival
such as a range of percentage increases in through-Delta
survival that could result from the management measures, and if
the scientific information is lacking for quantitative
estimates, shall do so on qualitative terms based upon the best
available science.
(2) If the Assistant Administrator provides qualitative
survival estimates for a species resulting from one or more
management measures, the Secretary shall, to the maximum extent
feasible, rank the management measures described in subsection
(e) in terms of their most likely expected contribution to
increased through-Delta survival relative to the other
measures.
(3) If at the time the Assistant Administrator conducts the
reviews under subsection (b), the Secretary has not issued an
estimate of increased through-Delta survival from different
management measures pursuant to subsection (e), the Secretary
shall compare the protections to the species from different
management measures based on the best scientific and commercial
data available at the time.
(g) Comparison of Adverse Consequences for Alternative Management
Measures of Equivalent Protection for a Species.--
(1) For the purposes of this subsection and subsection
(c)--
(A) the alternative management measure or
combination of alternative management measures
identified in paragraph (2) shall be known as the
``equivalent alternative measure'';
(B) the existing measure or measures identified in
subparagraphs (2) (A), (B), (C), or (D) shall be known
as the ``equivalent existing measure''; and
(C) an ``equivalent increase in through-Delta
survival rates for listed salmonid species'' shall mean
an increase in through-Delta survival rates that is
equivalent when considering the change in through-Delta
survival rates for the listed salmonid species in the
aggregate, and not the same change for each individual
species, as long as the change in survival rates will
not cause a significant negative impact on the long-
term survival of a listed salmonid species.
(2) As part of the reviews of project operations pursuant
to subsection (b), the Assistant Administrator shall determine
whether any alternative management measures or combination of
alternative management measures listed in subsection (e) (3)
through (8) would provide an increase in through-Delta survival
rates for listed salmonid species that is equivalent to the
increase in through-Delta survival rates for listed salmonid
species from the following:
(A) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to limiting OMR
flow to a fixed rate of -5,000 cubic feet per second
within the time period Action IV.2.3 is applicable.
(B) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to a
modification of Action IV.2.3 that would provide
additional water supplies, other than that described in
subparagraph (A).
(C) Through San Joaquin River inflow to export
restrictions on export pumping rates specified within
Action IV.2.1, as compared to the restrictions in the
April/May period imposed by the State Water Resources
Control Board decision D-1641.
(D) Through San Joaquin River inflow to export
restrictions on export pumping rates specified within
Action IV.2.1, as compared to a modification of Action
IV.2.1 that would reduce water supply impacts of the
salmonid biological opinion on the Central Valley
Project and the California State Water Project, other
than that described in subparagraph (C).
(3) If the Assistant Administrator identifies an equivalent
alternative measure pursuant to paragraph (2), the Assistant
Administrator shall determine whether--
(A) it is technically feasible and within Federal
jurisdiction to implement the equivalent alternative
measure;
(B) the State of California, or subdivision
thereof, or local agency with jurisdiction has
certified in writing within 10 calendar days to the
Assistant Administrator that it has the authority and
capability to implement the pertinent equivalent
alternative measure; or
(C) the adverse consequences of doing so are less
than the adverse consequences of the equivalent
existing measure, including a concise evaluation of the
adverse consequences to other affected interests.
(4) If the Assistant Administrator makes the determinations
in subparagraph (3)(A) or (3)(B), the Commissioner shall adjust
project operations to implement the equivalent alternative
measure in place of the equivalent existing measure in order to
increase export rates of pumping to the greatest extent
possible while maintaining a net combined effect of equivalent
through-Delta survival rates for the listed salmonid species.
(h) Tracking Adverse Effects Beyond the Range of Effects Accounted
for in the Salmonid Biological Opinion and Coordinated Operation With
the Delta Smelt Biological Opinion.--
(1) Among the adjustments to the project operations
considered through the adaptive management process under this
section, the Assistant Administrator and the Commissioner
shall--
(A) evaluate the effects on listed salmonid species
and water supply of the potential adjustment to
operational criteria described in subparagraph (B); and
(B) consider requiring that before some or all of
the provisions of Actions IV.2.1. or IV.2.3 are imposed
in any specific instance, the Assistant Administrator
show that the implementation of these provisions in
that specific instance is necessary to avoid a
significant negative impact on the long-term survival
of a listed salmonid species.
(2) The Assistant Administrator, the Director, and the
Commissioner, in coordination with State officials as
appropriate, shall establish operational criteria to coordinate
management of OMR flows under the smelt and salmonid biological
opinions, in order to take advantage of opportunities to
provide additional water supplies from the coordinated
implementation of the biological opinions.
(3) The Assistant Administrator and the Commissioner shall
document the effects of any adaptive management decisions
related to the coordinated operation of the smelt and salmonid
biological opinions that prioritizes the maintenance of one
species at the expense of the other.
(i) Real-Time Monitoring and Management.--Notwithstanding the
calendar based triggers described in the salmonid biological opinion
Reasonable and Prudent Alternative (RPA), the Assistant Administrator
and the Commissioner shall not limit OMR reverse flow to -5,000 cubic
feet per second unless current monitoring data indicate that this OMR
flow limitation is reasonably required to avoid a significant negative
impact on the long-term survival of a listed salmonid species.
(j) Evaluation and Implementation of Management Measures.--If the
quantitative estimates of through-Delta survival established by the
Secretary for the adjustments in subsection (b)(2) exceed the through-
Delta survival established for the RPAs, the Secretary shall evaluate
and implement the management measures in subsection (b)(2) as a
prerequisite to implementing the RPAs contained in the Salmonid
Biological Opinion.
(k) Accordance With Other Law.--Consistent with section 706 of
title 5, United States Code, decisions of the Assistant Administrator
and the Commissioner described in subsections (b) through (j) shall be
made in writing, on the basis of best scientific and commercial data
currently available, and shall include an explanation of the data
examined at the connection between those data and the decisions made.
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE
STANISLAUS RIVER.
(a) Establishment of Nonnative Predator Fish Removal Program.--The
Secretary and the districts, in consultation with the Director, shall
jointly develop and conduct a nonnative predator fish removal program
to remove nonnative striped bass, smallmouth bass, largemouth bass,
black bass, and other nonnative predator fish species from the
Stanislaus River. The program shall--
(1) be scientifically based;
(2) include methods to quantify the number and size of
predator fish removed each year, the impact of such removal on
the overall abundance of predator fish, 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) among other methods, use wire fyke trapping, portable
resistance board weirs, and boat electrofishing; and
(4) be implemented as quickly as possible following the
issuance of all necessary scientific research.
(b) Management.--The management of the program shall be the joint
responsibility of the Secretary and the districts. Such parties shall
work collaboratively to ensure the performance of the 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 program.
(c) Conduct.--
(1) In general.--By agreement between the Secretary and the
districts, the 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 National Marine
Fisheries Service, or a combination thereof.
(2) Participation by the national marine fisheries
service.--If the districts elect to conduct the program using
their own personnel or qualified private contractors hired by
them in accordance with paragraph (1), the Secretary may assign
an employee of, on loan to, or otherwise assigned to the
National Marine Fisheries Service, to be present for all
activities performed in the field. Such presence shall ensure
compliance with the agreed-upon elements specified in
subsection (b). The districts shall pay the cost of such
participation in accordance with subsection (d).
(3) Timing of election.--The districts shall notify the
Secretary of their election on or before October 15 of each
calendar year of the program. Such an election shall apply to
the work performed in the subsequent calendar year.
(d) Funding.--
(1) In general.--The districts shall be responsible for 100
percent of the cost of the program.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the districts to carry out
activities under the program.
(3) Estimation of cost.--On or before December 1 of each
year of the program, the Secretary shall submit to the
districts an estimate of the cost to be incurred by the
National Marine Fisheries Service for the program 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 through contributions pursuant
to paragraph (2) before December 31 of that year--
(A) the Secretary shall have no obligation to
conduct the program activities otherwise scheduled for
such following calendar year until such amount is
contributed by the districts; and
(B) the districts may not conduct any aspect of the
program until such amount is contributed by the
districts.
(4) Accounting.--On or before September 1 of each year, the
Secretary shall provide to the districts an accounting of the
costs incurred by the Secretary for the program in the
preceding calendar year. If the amount contributed by the
districts pursuant to paragraph (2) for that year was greater
than the costs incurred by the Secretary, the Secretary shall--
(A) apply the excess contributions to costs of
activities to be performed by the Secretary under the
program, if any, in the next calendar year; or
(B) if no such activities are to be performed,
repay the excess contribution to the districts.
(e) Posting and Evaluation.--On or before the 15th day of each
month, the Secretary shall post on the Internet website of the National
Marine Fisheries Service a tabular summary of the raw data collected
under the program in the preceding month.
(f) Implementation.--The program is hereby found to be consistent
with the requirements of the Central Valley Project Improvement Act
(Public Law 102-575). No provision, plan or definition established or
required by the Central Valley Project Improvement Act (Public Law 102-
575) shall be used to prohibit the imposition of the program, or to
prevent the accomplishment of its goals.
(g) Treatment of Striped Bass.--For purposes of the application of
the Central Valley Project Improvement Act (title XXXIV of Public Law
102-575) with respect to the program, striped bass shall not be treated
as anadromous fish.
(h) Definition.--For the purposes of this section, the term
``districts'' means the Oakdale Irrigation District and the South San
Joaquin Irrigation District, California.
SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.
(a) In General.--Not later than January 1, 2017, the Secretary of
the Interior, in collaboration with the Secretary of Commerce, the
Director of the California Department of Fish and Wildlife, and other
relevant agencies and interested parties, shall begin pilot projects to
implement the invasive species control program authorized pursuant to
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
(b) Requirements.--The pilot projects shall--
(1) seek to reduce invasive aquatic vegetation, predators,
and other competitors which contribute to the decline of native
listed pelagic and anadromous species that occupy the
Sacramento and San Joaquin Rivers and their tributaries and the
Sacramento-San Joaquin Bay-Delta; and
(2) remove, reduce, or control the effects of species,
including Asiatic clams, silversides, gobies, Brazilian water
weed, water hyacinth, largemouth bass, smallmouth bass, striped
bass, crappie, bluegill, white and channel catfish, and brown
bullheads.
(c) Sunset.--The authorities provided under this subsection shall
expire seven years after the Secretaries commence implementation of the
pilot projects pursuant to subsection (a).
(d) Emergency Environmental Reviews.--To expedite the
environmentally beneficial programs for the conservation of threatened
and endangered species, the Secretaries shall consult with the Council
on Environmental Quality in accordance with section 1506.11 of title
40, Code of Federal Regulations (or successor regulations), to develop
alternative arrangements to comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the projects pursuant
to subsection (a).
TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
SEC. 301. DEFINITIONS.
In this title:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4707).
(2) Reclamation project.--The term ``Reclamation Project''
means a project constructed pursuant to the authorities of the
reclamation laws and whose facilities are wholly or partially
located in the State.
(3) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(4) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq. and operated by the California Department
of Water Resources.
(5) State.--The term ``State'' means the State of
California.
SEC. 302. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.
(a) Water Supplies.--For the period of time such that in any year
that the Sacramento Valley Index is 6.5 or lower, or at the request of
the State of California, and until two succeeding years following
either of those events have been completed where the final Sacramento
Valley Index is 7.8 or greater, the Secretaries shall provide the
maximum quantity of water supplies practicable to all individuals or
district who receive Central Valley Project water under water service
or repayments contracts, water rights settlement contracts, exchange
contracts, or refuge contracts or agreements entered into prior to or
after the date of enactment of this title; State Water Project
contractors, and any other tribe, locality, water agency, or
municipality in the State, by approving, consistent with applicable
laws (including regulations), projects and operations to provide
additional water supplies as quickly as practicable based on available
information to address the emergency conditions.
(b) Administration.--In carrying out subsection (a), the
Secretaries shall, consistent with applicable laws (including
regulations)--
(1) issue all necessary permit decisions under the
authority of the Secretaries not later than 30 days after the
date on which the Secretaries receive a completed application
from the State to place and use temporary barriers or operable
gates in Delta channels to improve water quantity and quality
for the State Water Project and the Central Valley Project
south of Delta water contractors and other water users, on the
condition that the barriers or operable gates--
(A) do not result in a significant negative impact
on the long-term survival of listed species within the
Delta and provide benefits or have a neutral impact on
in-Delta water user water quality; and
(B) are designed so that formal consultations under
section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) are not necessary;
(2) require the Director of the United States Fish and
Wildlife Service and the Commissioner of Reclamation--
(A) to complete, not later than 30 days after the
date on which the Director or the Commissioner receives
a complete written request for water transfer, all
requirements under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary
to make final permit decisions on the request; and
(B) to approve any water transfer request described
in subparagraph (A) to maximize the quantity of water
supplies available for nonhabitat uses, on the
condition that actions associated with the water
transfer comply with applicable Federal laws (including
regulations);
(3) adopt a 1:1 inflow to export ratio, as measured as a 3-
day running average at Vernalis during the period beginning on
April 1, and ending on May 31, absent a determination in
writing that a more restrictive inflow to export ratio is
required to avoid a significant negative impact on the long-
term survival of a listed salmonid species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); provided that the
1:1 inflow to export ratio shall apply for the increment of
increased flow of the San Joaquin River resulting from the
voluntary sale, transfers, or exchanges of water from agencies
with rights to divert water from the San Joaquin River or its
tributaries and provided that the movement of the acquired,
transferred, or exchanged water through the Delta consistent
with the Central Valley Project's and the State Water Project's
permitted water rights and provided that movement of the
Central Valley Project water is consistent with the
requirements of section 3405(a)(1)(H) of the Central Valley
Project Improvement Act; and
(4) allow and facilitate, consistent with existing
priorities, water transfers through the C.W. ``Bill'' Jones
Pumping Plant or the Harvey O. Banks Pumping Plant from April 1
to November 30 provided water transfers comply with State law,
including the California Environmental Quality Act.
(c) Accelerated Project Decision and Elevation.--
(1) In general.--On request by the Governor of the State,
the Secretaries shall use the expedited procedures under this
subsection to make final decisions relating to a Federal
project or operation, or to local or State projects or
operations that require decisions by the Secretary of the
Interior or the Secretary of Commerce to provide additional
water supplies if the project's or operation's purpose is to
provide relief for emergency drought conditions pursuant to
subsections (a) and (b).
(2) Request for resolution.--
(A) In general.--On request by the Governor of the
State, the Secretaries referenced in paragraph (1), or
the head of another Federal agency responsible for
carrying out a review of a project, as applicable, the
Secretary of the Interior shall convene a final project
decision meeting with the heads of all relevant Federal
agencies to decide whether to approve a project to
provide relief for emergency drought conditions.
(B) Meeting.--The Secretary of the Interior shall
convene a meeting requested under subparagraph (A) not
later than 7 days after the date on which the meeting
request is received.
(3) Notification.--On receipt of a request for a meeting
under paragraph (2), the Secretary of the Interior shall notify
the heads of all relevant Federal agencies of the request,
including information on the project to be reviewed and the
date of the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on the
project, subject to subsection (e)(2).
(5) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under
this subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested under
paragraph (2).
(d) Application.--To the extent that a Federal agency, other than
the agencies headed by the Secretaries, has a role in approving
projects described in subsections (a) and (b), this section shall apply
to those Federal agencies.
(e) Limitation.--Nothing in this section authorizes the Secretaries
to approve projects--
(1) that would otherwise require congressional
authorization; or
(2) without following procedures required by applicable
law.
(f) Drought Plan.--For the period of time such that in any year
that the Sacramento Valley index is 6.5 or lower, or at the request of
the State of California, and until two succeeding years following
either of those events have been completed where the final Sacramento
Valley Index is 7.8 or greater, the Secretaries of Commerce and the
Interior, in consultation with appropriate State officials, shall
develop a drought operations plan that is consistent with the
provisions of this Act including the provisions that are intended to
provide additional water supplies that could be of assistance during
the current drought.
SEC. 303. OPERATION OF CROSS-CHANNEL GATES.
(a) In General.--The Secretary of Commerce and the Secretary of the
Interior shall jointly--
(1) authorize and implement activities to ensure that the
Delta Cross Channel Gates remain open to the maximum extent
practicable using findings from the United States Geological
Survey on diurnal behavior of juvenile salmonids, timed to
maximize the peak flood tide period and provide water supply
and water quality benefits for the duration of the drought
emergency declaration of the State, and for the period of time
such that in any year that the Sacramento Valley index is 6.5
or lower, or at the request of the State of California, and
until two succeeding years following either of those events
have been completed where the final Sacramento Valley Index is
7.8 or greater, consistent with operational criteria and
monitoring criteria set forth into the Order Approving a
Temporary Urgency Change in License and Permit Terms in
Response to Drought Conditions of the California State Water
Resources Control Board, effective January 31, 2014 (or a
successor order) and other authorizations associated with it;
(2) with respect to the operation of the Delta Cross
Channel Gates described in paragraph (1), collect data on the
impact of that operation on--
(A) species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) water quality; and
(C) water supply;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough
in coordination with Delta Cross Channel Gate diurnal
operations to protect migrating salmonids, consistent with
knowledge gained from activities carried out during 2014 and
2015;
(4) evaluate the combined salmonid survival in light of
activities carried out pursuant to paragraphs (1) through (3)
in deciding how to operate the Delta Cross Channel gates to
enhance salmonid survival and water supply benefits; and
(5) not later than May 15, 2016, submit to the appropriate
committees of the House of Representatives and the Senate a
notice and explanation on the extent to which the gates are
able to remain open.
(b) Recommendations.--After assessing the information collected
under subsection (a), the Secretary of the Interior shall recommend
revisions to the operation of the Delta Cross-Channel Gates, to the
Central Valley Project, and to the State Water Project, including, if
appropriate, any reasonable and prudent alternative contained in the
biological opinion issued by the National Marine Fisheries Service on
June 4, 2009, that are likely to produce water supply benefits without
causing a significant negative impact on the long-term survival of the
listed fish species within the Delta or on water quality.
SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO.
For the period of time such that in any year that the Sacramento
Valley index is 6.5 or lower, or at the request of the State of
California, and until two succeeding years following either of those
events have been completed where the final Sacramento Valley Index is
7.8 or greater, the Commissioner of the Bureau of Reclamation shall
continue to vary the averaging period of the Delta Export/Inflow ratio
pursuant to the California State Water Resources Control Board decision
D1641--
(1) to operate to a 35-percent Export/Inflow ratio with a
3-day averaging period on the rising limb of a Delta inflow
hydrograph; and
(2) to operate to a 14-day averaging period on the falling
limb of the Delta inflow hydrograph.
SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS.
(a) NEPA Compliance.--To minimize the time spent carrying out
environmental reviews and to deliver water quickly that is needed to
address emergency drought conditions in the State during the duration
of an emergency drought declaration, the Secretaries shall, in carrying
out this Act, consult with the Council on Environmental Quality in
accordance with section 1506.11 of title 40, Code of Federal
Regulations (including successor regulations), to develop alternative
arrangements to comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) during the emergency.
(b) Determinations.--For the purposes of this section, a Secretary
may deem a project to be in compliance with all necessary environmental
regulations and reviews if the Secretary determines that the immediate
implementation of the project is necessary to address--
(1) human health and safety; or
(2) a specific and imminent loss of agriculture production
upon which an identifiable region depends for 25 percent or
more of its tax revenue used to support public services
including schools, fire or police services, city or county
health facilities, unemployment services or other associated
social services.
SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT OPERATIONS.
The Secretaries shall, consistent with applicable laws (including
regulations)--
(1) in coordination with the California Department of Water
Resources and the California Department of Fish and Wildlife,
implement offsite upstream projects in the Delta and upstream
of the Sacramento River and San Joaquin basins that offset the
effects on species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to
activities carried out pursuant this Act, as determined by the
Secretaries;
(2) manage reverse flow in the Old and Middle Rivers at
-6,100 cubic feet per second if real-time monitoring indicates
that flows of -6,100 cubic feet per second or more negative can
be established for specific periods without causing a
significant negative impact on the long-term survival of the
Delta smelt, or if real-time monitoring does not support flows
of -6,100 cubic feet per second than manage OMR flows at -5,000
cubic feet per second subject to section 103(e) (3) and (4);
and
(3) use all available scientific tools to identify any
changes to real-time operations of the Bureau of Reclamation,
State, and local water projects that could result in the
availability of additional water supplies.
SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW STORMS OF THE
WATER YEAR.
(a) In General.--Consistent with avoiding a significant negative
impact on the long-term survival in the short term upon listed fish
species beyond the range of those authorized under the Endangered
Species Act of 1973 and other environmental protections under
subsection (e), the Secretaries shall authorize the Central Valley
Project and the State Water Project, combined, to operate at levels
that result in negative OMR flows at -7,500 cubic feet per second
(based on United States Geological Survey gauges on Old and Middle
Rivers) daily average for 56 cumulative days after October 1 as
described in subsection (c).
(b) Days of Temporary Operational Flexibility.--The temporary
operational flexibility described in subsection (a) shall be authorized
on days that the California Department of Water Resources determines
the daily average river flow of the Sacramento River is at, or above,
17,000 cubic feet per second as measured at the Sacramento River at
Freeport gauge maintained by the United States Geologic Survey.
(c) Compliance With Endangered Species Act Authorizations.--In
carrying out this section, the Secretaries may continue to impose any
requirements under the smelt and salmonid biological opinions during
any period of temporary operational flexibility as they determine are
reasonably necessary to avoid an additional significant negative
impacts on the long-term survival of a listed fish species beyond the
range of those authorized under the Endangered Species Act of 1973,
provided that the requirements imposed do not reduce water supplies
available for the Central Valley Project and the State Water Project.
(d) Other Environmental Protections.--
(1) State law.--The Secretaries' actions under this section
shall be consistent with applicable regulatory requirements
under State law.
(2) First sediment flush.--During the first flush of
sediment out of the Delta in each water year, and provided that
such determination is based upon objective evidence, OMR flow
may be managed at rates less negative than -5,000 cubic feet
per second for a minimum duration to avoid movement of adult
Delta smelt (Hypomesus transpacificus) to areas in the southern
Delta that would be likely to increase entrainment at Central
Valley Project and State Water Project pumping plants.
(3) Applicability of opinion.--This section shall not
affect the application of the salmonid biological opinion from
April 1 to May 31, unless the Secretary of Commerce finds that
some or all of such applicable requirements may be adjusted
during this time period to provide emergency water supply
relief without resulting in additional adverse effects beyond
those authorized under the Endangered Species Act of 1973. In
addition to any other actions to benefit water supply, the
Secretary of the Interior and the Secretary of Commerce shall
consider allowing through-Delta water transfers to occur during
this period if they can be accomplished consistent with section
3405(a)(1)(H) of the Central Valley Project Improvement Act.
Water transfers solely or exclusively through the State Water
Project are not required to be consistent with section
3405(a)(1)(H) of the Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the Fish and
Wildlife Service, National Marine Fisheries Service, and
California Department of Fish and Wildlife, shall undertake a
monitoring program and other data gathering to ensure
incidental take levels are not exceeded, and to identify
potential negative impacts and actions, if any, necessary to
mitigate impacts of the temporary operational flexibility to
species listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(e) Technical Adjustments to Target Period.--If, before temporary
operational flexibility has been implemented on 56 cumulative days, the
Secretaries operate the Central Valley Project and the State Water
Project combined at levels that result in OMR flows less negative than
-7,500 cubic feet per second during days of temporary operational
flexibility as defined in subsection (c), the duration of such
operation shall not be counted toward the 56 cumulative days specified
in subsection (a).
(f) Emergency Consultation; Effect on Running Averages.--
(1) If necessary to implement the provisions of this
section, the Commissioner is authorized to take any action
necessary to implement this section for up to 56 cumulative
days. If during the 56 cumulative days the Commissioner
determines that actions necessary to implement this section
will exceed 56 days, the Commissioner shall use the emergency
consultation procedures under the Endangered Species Act of
1973 and its implementing regulation at section 402.05 of title
50, Code of Federal Regulations, to temporarily adjust the
operating criteria under the biological opinions--
(A) solely for extending beyond the 56 cumulative
days for additional days of temporary operational
flexibility--
(i) no more than necessary to achieve the
purposes of this section consistent with the
environmental protections in subsections (d)
and (e); and
(ii) including, as appropriate, adjustments
to ensure that the actual flow rates during the
periods of temporary operational flexibility do
not count toward the 5-day and 14-day running
averages of tidally filtered daily OMR flow
requirements under the biological opinions, or
(B) for other adjustments to operating criteria or
to take other urgent actions to address water supply
shortages for the least amount of time or volume of
diversion necessary as determined by the Commissioner.
(2) Following the conclusion of the 56 cumulative days of
temporary operational flexibility, or the extended number of
days covered by the emergency consultation procedures, the
Commissioner shall not reinitiate consultation on these
adjusted operations, and no mitigation shall be required, if
the effects on listed fish species of these operations under
this section remain within the range of those authorized under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). If
the Commissioner reinitiates consultation, no mitigation
measures shall be required.
(g) Level of Detail Required for Analysis.--In articulating the
determinations required under this section, the Secretaries shall fully
satisfy the requirements herein but shall not be expected to provide a
greater level of supporting detail for the analysis than feasible to
provide within the short timeframe permitted for timely decisionmaking
in response to changing conditions in the Delta.
SEC. 308. EXPEDITING WATER TRANSFERS.
(a) In General.--Section 3405(a) of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4709(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (4) through (6), respectively;
(2) in the matter preceding paragraph (4) (as so
designated)--
(A) in the first sentence, by striking ``In order
to'' and inserting the following:
``(1) In general.--In order to''; and
(B) in the second sentence, by striking ``Except as
provided herein'' and inserting the following:
``(3) Terms.--Except as otherwise provided in this
section'';
(3) by inserting before paragraph (3) (as so designated)
the following:
``(2) Expedited transfer of water.--The Secretary shall
take all necessary actions to facilitate and expedite transfers
of Central Valley Project water in accordance with--
``(A) this Act;
``(B) any other applicable provision of the
reclamation laws; and
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).'';
(4) in paragraph (4) (as so designated)--
(A) in subparagraph (A), by striking ``to
combination'' and inserting ``or combination''; and
(B) by striking ``3405(a)(2) of this title'' each
place it appears and inserting ``(5)'';
(5) in paragraph (5) (as so designated), 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 the proposal. If
the contracting district or agency or the Secretary
determines that the proposal is incomplete, the
district or agency or the Secretary shall state with
specificity what must be added to or revised for the
proposal to be complete.''; and
(6) in paragraph (6) (as so designated), by striking
``3405(a)(1)(A)-(C), (E), (G), (H), (I), (L), and (M) of this
title'' and inserting ``(A) through (C), (E), (G), (H), (I),
(L), and (M) of paragraph (4)''.
(b) Conforming Amendments.--The Central Valley Project Improvement
Act (Public Law 102-575) is amended--
(1) in section 3407(c)(1) (106 Stat. 4726), by striking
``3405(a)(1)(C)'' and inserting ``3405(a)(4)(C)''; and
(2) in section 3408(i)(1) (106 Stat. 4729), by striking
``3405(a)(1) (A) and (J) of this title'' and inserting
``subparagraphs (A) and (J) of section 3405(a)(4)''.
SEC. 309. ADDITIONAL EMERGENCY CONSULTATION.
For adjustments to operating criteria other than under section 308
of this Act or to take urgent actions to address water supply shortages
for the least amount of time or volume of diversion necessary as
determined by the Commissioner of Reclamation, no mitigation measures
shall be required during any year that the Sacramento Valley index is
6.5 or lower, or at the request of the State of California, and until
two succeeding years following either of those events have been
completed where the final Sacramento Valley Index is 7.8 or greater,
and any mitigation measures imposed must be based on quantitative data
and required only to the extent that such data demonstrates actual harm
to species.
SEC. 310. ADDITIONAL STORAGE AT NEW MELONES.
The Commissioner of Reclamation is directed to work with local
water and irrigation districts in the Stanislaus River Basin to
ascertain the water storage made available by the Draft Plan of
Operations in New Melones Reservoir (DRPO) for water conservation
programs, conjunctive use projects, water transfers, rescheduled
project water and other projects to maximize water storage and ensure
the beneficial use of the water resources in the Stanislaus River
Basin. All such programs and projects shall be implemented according to
all applicable laws and regulations. The source of water for any such
storage program at New Melones Reservoir shall be made available under
a valid water right, consistent with the State of California water
transfer guidelines and any other applicable State water law. The
Commissioner shall inform the Congress within 18 months setting forth
the amount of storage made available by the DRPO that has been put to
use under this program, including proposals received by the
Commissioner from interested parties for the purpose of this section.
SEC. 311. REGARDING THE OPERATION OF FOLSOM RESERVOIR.
The Secretary of the Interior, in collaboration with the Sacramento
Water Forum, shall expedite evaluation, completion and implementation
of the Modified Lower American River Flow Management Standard developed
by the Water Forum in 2015 to improve water supply reliability for
Central Valley Project American River water contractors and resource
protection in the lower American River during consecutive dry-years
under current and future demand and climate change conditions.
SEC. 312. APPLICANTS.
In the event that the Bureau of Reclamation or another Federal
agency initiates or reinitiates consultation with the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service under section
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)),
with respect to construction or operation of the Central Valley Project
and State Water Project, or any part thereof, the State Water Project
contractors and the Central Valley Project contractors will be accorded
all the rights and responsibilities extended to applicants in the
consultation process.
SEC. 313. SAN JOAQUIN RIVER SETTLEMENT.
(a) California State Law Satisfied by Warm Water Fishery.--
(1) In general.--Sections 5930 through 5948 of the
California Fish and Game Code, and all applicable Federal laws,
including the San Joaquin River Restoration Settlement Act
(Public Law 111-11) and 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),
shall be satisfied by the existence of a warm water fishery in
the San Joaquin River below Friant Dam, but upstream of
Gravelly Ford.
(2) Definition of warm water fishery.--For the purposes of
this section, the term ``warm water fishery'' means a water
system that has an environment suitable for species of fish
other than salmon (including all subspecies) and trout
(including all subspecies).
(b) Repeal of the San Joaquin River Settlement.--As of the date of
enactment of this section, the Secretary of the Interior shall cease
any action to implement the San Joaquin River Restoration Settlement
Act (subtitle A of title X of Public Law 111-11) and 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. 314. PROGRAM FOR WATER RESCHEDULING.
By December 31, 2015, the Secretary of the Interior shall develop
and implement a program, including rescheduling guidelines for Shasta
and Folsom Reservoirs, to allow existing Central Valley Project
agricultural water service contractors within the Sacramento River
Watershed, and refuge service and municipal and industrial water
service contractors within the Sacramento River Watershed and the
American River Watershed to reschedule water, provided for under their
Central Valley Project contracts, from one year to the next; provided,
that the program is consistent with existing rescheduling guidelines as
utilized by the Bureau of Reclamation for rescheduling water for
Central Valley Project water service contractors that are located South
of the Delta.
TITLE IV--CALFED STORAGE FEASIBILITY STUDIES
SEC. 401. STUDIES.
The Secretary of the Interior, through the Commissioner of
Reclamation, shall--
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
361 (118 Stat. 1684) and submit such studies to the appropriate
committees of the House of Representatives and the Senate not
later than December 31, 2015;
(2) complete the feasibility study described in clause
(i)(II) of section 103(d)(1)(A) of Public Law 108-361 and
submit such study to the appropriate committees of the House of
Representatives and the Senate not later than November 30,
2016;
(3) complete a publicly available draft of the feasibility
study described in clause (ii)(I) of section 103(d)(1)(A) of
Public Law 108-361 and submit such study to the appropriate
committees of the House of Representatives and the Senate not
later than November 30, 2016;
(4) complete the feasibility study described in clause
(ii)(I) of section 103(d)(1)(A) of Public Law 108-361 and
submit such study to the appropriate committees of the House of
Representatives and the Senate not later than November 30,
2017;
(5) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit
such study to the appropriate Committees of the House of
Representatives and the Senate not later than December 31,
2017;
(6) provide a progress report on the status of the
feasibility studies referred to in paragraphs (1) through (3)
to the appropriate committees of the House of Representatives
and the Senate not later than 90 days after the date of the
enactment of this Act and each 180 days thereafter until
December 31, 2017, as applicable. The report shall include
timelines for study completion, draft environmental impact
statements, final environmental impact statements, and Records
of Decision;
(7) in conducting any feasibility study under this Act, the
reclamation laws, the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
other applicable law, for the purposes of determining
feasibility the Secretary shall document, delineate, and
publish costs directly relating to the engineering and
construction of a water storage project separately from the
costs resulting from regulatory compliance or the construction
of auxiliary facilities necessary to achieve regulatory
compliance; and
(8) communicate, coordinate and cooperate with public water
agencies that contract with the United States for Central
Valley Project water and that are expected to participate in
the cost pools that will be created for the projects proposed
in the feasibility studies under this section.
SEC. 402. TEMPERANCE FLAT.
(a) Definitions.--For the purposes of this section:
(1) Project.--The term ``Project'' means the Temperance
Flat Reservoir Project on the Upper San Joaquin River.
(2) RMP.--The term ``RMP'' means the document titled
``Bakersfield Field Office, Record of Decision and Approved
Resource Management Plan,'' dated December 2014.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Applicability of RMP.--The RMP and findings related thereto
shall have no effect on or applicability to the Secretary's
determination of feasibility of, or on any findings or environmental
review documents related to--
(1) the Project; or
(2) actions taken by the Secretary pursuant to section
103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title
I of Public Law 108-361).
(c) Duties of Secretary Upon Determination of Feasibility.--If the
Secretary finds the Project to be feasible, the Secretary shall manage
the land recommended in the RMP for designation under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner that does not
impede any environmental reviews, preconstruction, construction, or
other activities of the Project, regardless of whether or not the
Secretary submits any official recommendation to Congress under the
Wild and Scenic Rivers Act.
(d) Reserved Water Rights.--Effective December 22, 2014, there
shall be no Federal reserved water rights to any segment of the San
Joaquin River related to the Project as a result of any designation
made under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 403. CALFED STORAGE ACCOUNTABILITY.
If the Secretary of the Interior fails to provide the feasibility
studies described in section 401 to the appropriate committees of the
House of Representatives and the Senate by the times prescribed, the
Secretary shall notify each committee chair individually in person on
the status of each project once a month until the feasibility study for
that project is provided to Congress.
SEC. 404. WATER STORAGE PROJECT CONSTRUCTION.
(a) Partnership and Agreements.--The Secretary of the Interior,
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 those projects.
(b) Authorization for Project.--If the Secretary determines a
project described in section 402(a)(1) and (2) is feasible, the
Secretary is authorized to carry out the project in a manner that is
substantially in accordance with the recommended plan, and subject to
the conditions described in the feasibility study, provided that no
Federal funding shall be used to construct the project.
TITLE V--WATER RIGHTS PROTECTIONS
SEC. 501. OFFSET FOR STATE WATER PROJECT.
(a) Implementation Impacts.--The Secretary of the Interior shall
confer with the California Department of Fish and Wildlife in
connection with the implementation of this Act on potential impacts to
any consistency determination for operations of the State Water Project
issued pursuant to California Fish and Game Code section 2080.1.
(b) Additional Yield.--If, as a result of the application of this
Act, the California Department of Fish and Wildlife--
(1) revokes the consistency determinations pursuant to
California Fish and Game Code section 2080.1 that are
applicable to the State Water Project;
(2) amends or issues one or more new consistency
determinations pursuant to California Fish and Game Code
section 2080.1 in a manner that directly or indirectly results
in reduced water supply to the State Water Project as compared
with the water supply available under the smelt biological
opinion and the salmonid biological opinion; or
(3) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water Project
in a manner that directly or indirectly results in reduced
water supply to the State Water Project as compared with the
water supply available under the smelt biological opinion and
the salmonid biological opinion, and as a consequence of the
Department's action, Central Valley Project yield is greater
than it would have been absent the Department's actions, then
that additional yield shall be made available to the State
Water Project for delivery to State Water Project contractors
to offset losses resulting from the Department's action.
(c) Notification Related to Environmental Protections.--The
Secretary of the Interior shall immediately notify the Director of the
California Department of Fish and Wildlife in writing if the Secretary
of the Interior determines that implementation of the smelt biological
opinion and the salmonid biological opinion consistent with this Act
reduces environmental protections for any species covered by the
opinions.
SEC. 502. AREA OF ORIGIN PROTECTIONS.
(a) In General.--The Secretary of the Interior is directed, in the
operation of the Central Valley Project, to adhere to California's
water rights laws governing water rights priorities and to honor water
rights senior to those held by the United States for operation of the
Central Valley Project, regardless of the source of priority, including
any appropriative water rights initiated prior to December 19, 1914, as
well as water rights and other priorities perfected or to be perfected
pursuant to California Water Code Part 2 of Division 2. Article 1.7
(commencing with section 1215 of chapter 1 of part 2 of division 2,
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and
sections 12200 to 12220, inclusive).
(b) Diversions.--Any action undertaken by the Secretary of the
Interior and the Secretary of Commerce pursuant to both this Act and
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) that requires that diversions from the Sacramento River or the
San Joaquin River watersheds upstream of the Delta be bypassed shall
not be undertaken in a manner that alters the water rights priorities
established by California law.
(c) Endangered Species Act.--Nothing in this title alters the
existing authorities provided to and obligations placed upon the
Federal Government under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), as amended.
(d) Contracts.--With respect to individuals and entities with water
rights on the Sacramento River, the mandates of this section may be
met, in whole or in part, through a contract with the Secretary of the
Interior executed pursuant to section 14 of Public Law 76-260; 53 Stat.
1187 (43 U.S.C. 389) that is in conformance with the Sacramento River
Settlement Contracts renewed by the Secretary of the Interior in 2005.
SEC. 503. NO REDIRECTED ADVERSE IMPACTS.
(a) In General.--The Secretary of the Interior shall ensure that,
except as otherwise provided for in a water service or repayment
contract, actions taken in compliance with legal obligations imposed
pursuant to or as a result of this Act, including such actions under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and other applicable Federal and State laws, shall not directly
or indirectly--
(1) result in the involuntary reduction of water supply or
fiscal impacts to individuals or districts who receive water
from either the State Water Project or the United States under
water rights settlement contracts, exchange contracts, water
service contracts, repayment contracts, or water supply
contracts; or
(2) cause redirected adverse water supply or fiscal impacts
to those within the Sacramento River watershed, the San Joaquin
River watershed or the State Water Project service area.
(b) Costs.--To the extent that costs are incurred solely pursuant
to or as a result of this Act and would not otherwise have been
incurred by any entity or public or local agency or subdivision of the
State of California, such costs shall not be borne by any such entity,
agency, or subdivision of the State of California, unless such costs
are incurred on a voluntary basis.
(c) Rights and Obligations Not Modified or Amended.--Nothing in
this Act shall modify or amend the rights and obligations of the
parties to any existing--
(1) water service, repayment, settlement, purchase, or
exchange contract with the United States, including the
obligation to satisfy exchange contracts and settlement
contracts prior to the allocation of any other Central Valley
Project water; or
(2) State Water Project water supply or settlement contract
with the State.
SEC. 504. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.
(a) Allocations.--
(1) In general.--Subject to paragraph (2) and subsection
(b), the Secretary of the Interior 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:
(A) Not less than 100 percent of their contract
quantities in a ``Wet'' year.
(B) Not less than 100 percent of their contract
quantities in an ``Above Normal'' year.
(C) Not less than 100 percent of their contract
quantities in a ``Below Normal'' year that is preceded
by an ``Above Normal'' or a ``Wet'' year.
(D) Not less than 50 percent of their contract
quantities in a ``Dry'' year that is preceded by a
``Below Normal,'' an ``Above Normal,'' or a ``Wet''
year.
(E) In all other years not identified herein, the
allocation percentage for existing Central Valley
Project agricultural water service contractors within
the Sacramento River Watershed shall not be less than
twice the allocation percentage to south-of-Delta
Central Valley Project agricultural water service
contractors, up to 100 percent; provided, that nothing
herein shall preclude an allocation to existing Central
Valley Project agricultural water service contractors
within the Sacramento River Watershed that is greater
than twice the allocation percentage to south-of-Delta
Central Valley Project agricultural water service
contractors.
(2) Conditions.--The Secretary's actions under paragraph
(a) shall be subject to--
(A) the priority of individuals or entities with
Sacramento River water rights, including those with
Sacramento River Settlement Contracts, that have
priority to the diversion and use of Sacramento River
water over water rights held by the United States for
operations of the Central Valley Project;
(B) the United States obligation to make a
substitute supply of water available to the San Joaquin
River Exchange Contractors; and
(C) the Secretary's obligation to make water
available to managed wetlands pursuant to section
3406(d) of the Central Valley Project Improvement Act
(Public Law 102-575).
(b) Protection of Municipal and Industrial Supplies.--Nothing in
subsection (a) shall be deemed to--
(1) modify any provision of a water service contract that
addresses municipal and industrial water shortage policies of
the Secretary;
(2) affect or limit the authority of the Secretary to adopt
or modify municipal and industrial water shortage policies;
(3) affect or limit the authority of the Secretary to
implement municipal and industrial water shortage policies; or
(4) 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, the operations of the
Central Valley Project's American River Division or any deliveries from
that Division, its units or facilities.
(c) No Effect on Allocations.--This section shall not--
(1) affect the allocation of water to Friant Division
contractors; or
(2) result in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant Division.
(d) Program for Water Rescheduling.--The Secretary of the Interior
shall develop and implement a program, not later than 1 year after the
date of the enactment of this Act, to provide for the opportunity for
existing Central Valley Project agricultural water service contractors
within the Sacramento River Watershed to reschedule water, provided for
under their Central Valley Project water service contracts, from one
year to the next.
(e) 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. 505. EFFECT ON EXISTING OBLIGATIONS.
Nothing in this Act preempts or modifies any existing obligation of
the United States under Federal reclamation law to operate the Central
Valley Project in conformity with State law, including established
water rights priorities.
TITLE VI--MISCELLANEOUS
SEC. 601. AUTHORIZED SERVICE AREA.
(a) In General.--The authorized service area of the Central Valley
Project authorized under the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706) shall include the area within the
boundaries of the Kettleman City Community Services District,
California, as in existence on the date of enactment of this Act.
(b) Long-Term Contract.--
(1) In general.--Notwithstanding the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) and
subject to paragraph (2), the Secretary of the Interior, in
accordance with the Federal reclamation laws, shall enter into
a long-term contract with the Kettleman City Community Services
District, California, under terms and conditions mutually
agreeable to the parties, for the delivery of up to 900 acre-
feet of Central Valley Project water for municipal and
industrial use.
(2) Limitation.--Central Valley Project water deliveries
authorized under the contract entered into under paragraph (1)
shall be limited to the minimal quantity necessary to meet the
immediate needs of the Kettleman City Community Services
District, California, in the event that local supplies or State
Water Project allocations are insufficient to meet those needs.
(c) Permit.--The Secretary shall apply for a permit with the State
for a joint place of use for water deliveries authorized under the
contract entered into under subsection (b) with respect to the expanded
service area under subsection (a), consistent with State law.
(d) Additional Costs.--If any additional infrastructure, water
treatment, or related costs are needed to implement this section, those
costs shall be the responsibility of the non-Federal entity.
SEC. 602. OVERSIGHT BOARD FOR RESTORATION FUND.
(a) Plan; Advisory Board.--Section 3407 of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4726) is amended
by adding at the end the following:
``(g) Plan on Expenditure of Funds.--
``(1) In general.--For each fiscal year, the Secretary, in
consultation with the 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.
``(2) Contents.--The plan shall include an analysis of the
cost-effectiveness of each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is established the Restoration
Fund Advisory Board (referred to in this section as the
`Advisory Board'), which shall be composed of 11 members
appointed by the Secretary.
``(2) Membership.--
``(A) In general.--The Secretary shall appoint
members to the Advisory Board that represent the
various Central Valley Project stakeholders, of whom--
``(i) 4 members shall be agricultural users
of the Central Valley Project, including at
least one agricultural user from north-of-the-
Delta and one agricultural user from south-of-
the-Delta;
``(ii) 2 members shall be municipal and
industrial users of the Central Valley Project,
including one municipal and industrial user
from north-of-the-Delta and one municipal and
industrial user from south-of-the-Delta;
``(iii) 2 members shall be power
contractors of the Central Valley Project,
including at least one power contractor from
north-of-the-Delta and from south-of-the-Delta;
``(iv) 1 member shall be a representative
of a Federal national wildlife refuge that
contracts for Central Valley Project water
supplies with the Bureau of Reclamation;
``(v) 1 member shall have expertise in the
economic impacts of the changes to water
operations; and
``(vi) 1 member shall be a representative
of a wildlife entity that primarily focuses on
waterfowl.
``(B) Observer.--The Secretary and the Secretary of
Commerce may each designate a representative to act as
an observer of the Advisory Board.
``(C) Chair.--The Secretary shall appoint 1 of the
members described in subparagraph (A) to serve as Chair
of the Advisory Board.
``(3) Terms.--The term of each member of the Advisory Board
shall be 4 years.
``(4) Date of appointments.--The appointment of a member of
the Panel shall be made not later than--
``(A) the date that is 120 days after the date of
enactment of this Act; or
``(B) in the case of a vacancy on the Panel
described in subsection (c)(2), the date that is 120
days after the date on which the vacancy occurs.
``(5) Vacancies.--
``(A) In general.--A vacancy on the Panel shall be
filled in the manner in which the original appointment
was made and shall be subject to any conditions that
applied with respect to the original appointment.
``(B) Filling unexpired term.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
``(C) Expiration of terms.--The term of any member
shall not expire before the date on which the successor
of the member takes office.
``(6) Removal.--A member of the Panel may be removed from
office by the Secretary of the Interior.
``(7) Federal advisory committee act.--The Panel shall not
be subject to the requirements of the Federal Advisory
Committee Act.
``(8) Duties.--The duties of the Advisory Board are--
``(A) to meet not less frequently than semiannually
to develop and make recommendations to the Secretary
regarding priorities and spending levels on projects
and programs carried out under this title;
``(B) to ensure that any advice given or
recommendation made by the Advisory Board reflects the
independent judgment of the Advisory Board;
``(C) not later than December 31, 2015, and
annually thereafter, to submit to the Secretary and
Congress the recommendations under subparagraph (A);
and
``(D) not later than December 31, 2015, and
biennially thereafter, to submit to Congress details of
the progress made in achieving the actions required
under section 3406.
``(9) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.
``(10) Cooperation and assistance.--
``(A) Provision of information.--Upon request of
the Panel Chair for information or assistance to
facilitate carrying out this section, the Secretary of
the Interior shall promptly provide such information,
unless otherwise prohibited by law.
``(B) Space and assistance.--The Secretary of the
Interior shall provide the Panel with appropriate and
adequate office space, together with such equipment,
office supplies, and communications facilities and
services as may be necessary for the operation of the
Panel, and shall provide necessary maintenance services
for such offices and the equipment and facilities
located therein.''.
SEC. 603. WATER SUPPLY ACCOUNTING.
(a) In General.--All Central Valley Project water, except Central
Valley Project water released pursuant to U.S. Department of the
Interior Record of Decision, Trinity River Mainstem Fishery Restoration
Final Environmental Impact Statement/Environmental Impact Report dated
December 2000 used to implement an action undertaken for a fishery
beneficial purpose that was not 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, shall be credited to the quantity of Central
Valley Project yield dedicated and managed under this section;
provided, that nothing herein shall affect the Secretary of the
Interior's duty to comply with any otherwise lawful requirement imposed
on operations of the Central Valley Project under any provision of
Federal or State law.
(b) Reclamation Policies and Allocations.--Reclamation policies and
allocations shall not be based upon any premise or assumption that
Central Valley Project contract supplies are supplemental or secondary
to any other contractor source of supply.
SEC. 604. IMPLEMENTATION OF WATER REPLACEMENT PLAN.
(a) In General.--Not later than October 1, 2016, the Secretary of
the Interior shall update and implement the plan required by section
3408(j) of title XXXIV of Public Law 102-575. The Secretary shall
notify the Congress annually describing the progress of implementing
the plan required by section 3408(j) of title XXXIV of Public Law 102-
575.
(b) Potential Amendment.--If the plan required in subsection (a)
has not increased the Central Valley Project yield by 800,000 acre-feet
within 5 years after the enactment of this Act, then section 3406 of
the Central Valley Project Improvement Act (title XXXIV of Public Law
102-575) is amended as follows:
(1) In subsection (b)--
(A) by amending paragraph (2)(C) to read:
``(C) If by March 15, 2021, and any year thereafter
the quantity of Central Valley Project water forecasted
to be made available to all water service or repayment
contractors of the Central Valley Project is below 50
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.''.
SEC. 605. 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 or pelagic fish species that
resides for all or a portion of its life in the Sacramento-San Joaquin
Delta or rivers tributary thereto.
SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL VALLEY PROJECT TO
INTERESTED PROVIDERS.
(a) Definitions.--For the purposes of this section, the following
terms apply:
(1) Interested local water and power providers.--The term
``interested local water and power providers'' includes the
Calaveras County Water District, Calaveras Public Power Agency,
Central San Joaquin Water Conservation District, Oakdale
Irrigation District, Stockton East Water District, South San
Joaquin Irrigation District, Tuolumne Utilities District,
Tuolumne Public Power Agency, and Union Public Utilities
District.
(2) New melones unit, central valley project.--The term
``New Melones Unit, Central Valley Project'' means all Federal
reclamation projects located within or diverting water from or
to the watershed of the Stanislaus and San Joaquin rivers and
their tributaries as authorized by the Act of August 26, 1937
(50 Stat. 850), and all Acts amendatory or supplemental
thereto, including the Act of October 23, 1962 (76 Stat. 1173).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Negotiations.--Notwithstanding any other provision of law, not
later than 180 days after the date of the enactment of this Act, the
Secretary shall enter into negotiations with interested local water and
power providers for the transfer ownership, control, and operation of
the New Melones Unit, Central Valley Project to interested local water
and power providers within the State of California.
(c) Transfer.--The Secretary shall transfer the New Melones Unit,
Central Valley Project in accordance with an agreement reached pursuant
to negotiations conducted under subsection (b).
(d) Notification.--Not later than 360 days after the date of the
enactment of this Act, and every 6 months thereafter, the Secretary
shall notify the appropriate committees of the House of Representatives
and the Senate--
(1) if an agreement is reached pursuant to negotiations
conducted under subsection (b), the terms of that agreement;
(2) of the status of formal discussions with interested
local water and power providers for the transfer of ownership,
control, and operation of the New Melones Unit, Central Valley
Project to interested local water and power providers;
(3) of all unresolved issues that are preventing execution
of an agreement for the transfer of ownership, control, and
operation of the New Melones Unit, Central Valley Project to
interested local water and power providers;
(4) on analysis and review of studies, reports,
discussions, hearing transcripts, negotiations, and other
information about past and present formal discussions that--
(A) have a serious impact on the progress of the
formal discussions;
(B) explain or provide information about the issues
that prevent progress or finalization of formal
discussions; or
(C) are, in whole or in part, preventing execution
of an agreement for the transfer; and
(5) of any actions the Secretary recommends that the United
States should take to finalize an agreement for that transfer.
SEC. 607. BASIN STUDIES.
(a) Authorized Studies.--The Secretary of the Interior is
authorized and directed to expand opportunities and expedite completion
of assessments under section 9503(b) of the SECURE Water Act (42 U.S.C.
10363(b)), with non-Federal partners, of individual sub-basins and
watersheds within major Reclamation river basins; and shall ensure
timely decision and expedited implementation of adaptation and
mitigation strategies developed through the special study process.
(b) Funding.--
(1) In general.--The non-Federal partners shall be
responsible for 100 percent of the cost of the special studies.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the non-Federal partners to carry
out activities under the special studies.
SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION.
The Secretary of the Interior, in the operation of the Trinity
River Division of the Central Valley Project, shall not make releases
from Lewiston Dam in excess of the volume for each water-year type
required by the U.S. Department of the Interior Record of Decision,
Trinity River Mainstem Fishery Restoration Final Environmental Impact
Statement/Environmental Impact Report dated December 2000.
(1) A maximum of 369,000 acre-feet in a ``Critically Dry''
year.
(2) A maximum of 453,000 acre-feet in a ``Dry'' year.
(3) A maximum of 647,000 acre-feet in a ``Normal'' year.
(4) A maximum of 701,000 acre-feet in a ``Wet'' year.
(5) A maximum of 815,000 acre-feet in an ``Extremely Wet''
year.
SEC. 609. 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. 610. 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 flow' means water flows capable of being
maintained taking into account competing consumptive uses of water and
economic, environmental, and social factors.''.
SEC. 611. REPORT ON RESULTS OF WATER USAGE.
The Secretary of the Interior, in consultation with the Secretary
of Commerce and the Secretary of Natural Resources of the State of
California, shall publish an annual report detailing instream flow
releases from the Central Valley Project and California State Water
Project, their explicit purpose and authority, and all measured
environmental benefit as a result of the releases.
SEC. 612. KLAMATH PROJECT CONSULTATION APPLICANTS.
If the Bureau of Reclamation initiates or reinitiates consultation
with the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service under section 7(a)(2) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(a)(2)), with respect to construction or
operation of the Klamath Project (or any part thereof), Klamath Project
contractors shall be accorded all the rights and responsibilities
extended to applicants in the consultation process. Upon request of the
Klamath Project contractors, they may be represented through an
association or organization.
TITLE VII--WATER SUPPLY PERMITTING ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Water Supply Permitting
Coordination Act''.
SEC. 702. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States covered
under 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.) constructed on lands administered by the
Department of the Interior or the Department of Agriculture,
exclusive of any easement, right-of-way, lease, or any private
holding.
(4) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 703(c).
SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.
(a) Establishment of Lead Agency.--The Bureau of Reclamation is
established as the lead agency for purposes of coordinating all
reviews, analyses, opinions, statements, permits, licenses, or other
approvals or decisions required under Federal law to construct
qualifying projects.
(b) Identification and Establishment of Cooperating Agencies.--The
Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency in
regards to the qualifying project unless that agency responds
to the Bureau in writing, within a timeframe set forth by the
Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect
to the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated therewith; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of such a
project or make any decision with respect to such
project in a manner other than in cooperation with the
Bureau.
(c) State Authority.--A State in which a qualifying project is
being considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this title all
State agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing
a permit, license, or approval for the qualifying
project.
SEC. 704. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this title are to--
(1) serve as the point of contact for applicants, State
agencies, Indian tribes, and others regarding proposed
qualifying projects;
(2) coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the following
coordination responsibilities:
(1) Pre-application coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30 days
after receipt of a proposal and facilitate a preapplication
meeting for prospective applicants, relevant Federal and State
agencies, and Indian tribes to--
(A) explain applicable processes, data
requirements, and applicant submissions necessary to
complete the required Federal agency reviews within the
timeframe established; and
(B) establish the schedule for the qualifying
project.
(2) Consultation with cooperating agencies.--Consult with
the cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely manner,
and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant
and cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies
under applicable laws and regulations;
(B) the resources available to the cooperating
agencies and the non-Federal qualifying project
sponsor, as applicable;
(C) the overall size and complexity of the
qualifying project;
(D) the overall schedule for and cost of the
qualifying project; and
(E) the sensitivity of the natural and historic
resources that may be affected by the qualifying
project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies make
necessary decisions, within their respective authorities,
regarding Federal approvals in accordance with the following
timelines:
(A) Not later than one year after acceptance of a
completed project application when an environmental
assessment and finding of no significant impact is
determined to be the appropriate level of review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Not later than one year and 30 days after the
close of the public comment period for a draft
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), when an environmental impact statement is
required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the cooperating agencies as the basis for agency
decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law, make
available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority to
oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be responsible
for ensuring fulfillment of all Bureau responsibilities set
forth in this section and all cooperating agency
responsibilities under section 705.
SEC. 705. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--Upon notification of an
application for a qualifying project, all cooperating agencies shall
submit to the Bureau a timeframe under which the cooperating agency
reasonably considers it will be able to complete its authorizing
responsibilities. The Bureau shall use the timeframe submitted under
this subsection to establish the project schedule under section 704,
and the cooperating agencies shall adhere to the project schedule
established by the Bureau.
(b) Environmental Record.--Cooperating agencies shall submit to the
Bureau all environmental review material produced or compiled in the
course of carrying out activities required under Federal law consistent
with the project schedule established by the Bureau.
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the cooperating agencies shall submit all relevant project
data to the Bureau in a generally accessible electronic format subject
to the project schedule set forth by the Bureau.
SEC. 706. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with the Administrative Procedures Act (5 U.S.C. 553), may accept and
expend funds contributed by a non-Federal public entity to expedite the
evaluation of a permit of that entity related to a qualifying project.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under
subsection (a) will not impact impartial decisionmaking with
respect to permits, either substantively or procedurally.
(2) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau, or the Regional Director's designee, of the
region in which the qualifying project or activity is
located; and
(B) use the same procedures for decisions that
would otherwise be required for the evaluation of
permits for similar projects or activities not carried
out using funds authorized under this section.
(3) Impartial decisionmaking.--In carrying out this
section, the Secretary and the cooperating agencies receiving
funds under this section for qualifying projects shall ensure
that the use of the funds accepted under this section for such
projects shall not--
(A) impact impartial decisionmaking with respect to
the issuance of permits, either substantively or
procedurally; or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of such agencies.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(2)(A).
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this section
are made available to the public, including on the Internet.
TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING
SEC. 801. SHORT TITLE.
This title may be cited as the ``Bureau of Reclamation Project
Streamlining Act''.
SEC. 802. DEFINITIONS.
In this title:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a project required to be prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a project study.
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project study under any Federal law
other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Federal jurisdictional agency.--The term ``Federal
jurisdictional agency'' means a Federal agency with
jurisdiction delegated by law, regulation, order, or otherwise
over a review, analysis, opinion, statement, permit, license,
or other approval or decision required for a project study
under applicable Federal laws (including regulations).
(4) Federal lead agency.--The term ``Federal lead agency''
means the Bureau of Reclamation.
(5) Project.--The term ``project'' means a surface water
project, a project under the purview of title XVI of Public Law
102-575, or a rural water supply project investigated under
Public Law 109-451 to be carried out, funded or operated in
whole or in party by the Secretary pursuant to 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.).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, or local authority or instrumentality or other
qualifying entity, such as a water conservation district,
irrigation district, water conservancy district, joint powers
authority, mutual water company, canal company, rural water
district or association, or any other entity that has the
capacity to contract with the United States under Federal
reclamation law.
(7) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to 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.).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Surface water storage.--The term ``surface water
storage'' means any surface water reservoir or impoundment that
would be owned, funded or operated in whole or in part by the
Bureau of Reclamation or that would be integrated into a larger
system owned, operated or administered in whole or in part by
the Bureau of Reclamation.
SEC. 803. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study
initiated by the Secretary, after the date of enactment of this Act,
under the Reclamation Act of 1902 (32 Stat. 388), and all Acts
amendatory thereof or supplementary thereto, shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the local project area,
region, and headquarters levels of the Bureau of Reclamation
concurrently conduct the review required under this section.
(b) Extension.--If the Secretary determines that a project study
described in subsection (a) will not be conducted in accordance with
subsection (a), the Secretary, not later than 30 days after the date of
making the determination, shall--
(1) prepare an updated project study schedule and cost
estimate;
(2) notify the non-Federal project cost-sharing partner
that the project study has been delayed; and
(3) provide written notice to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate as to the reasons
the requirements of subsection (a) are not attainable.
(c) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (a), the Secretary may extend the timeline of a
project study by a period not to exceed 3 years, if the
Secretary determines that the project study is too complex to
comply with the requirements of subsection (a).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsection (a), the
Secretary shall consider--
(A) the type, size, location, scope, and overall
cost of the project;
(B) whether the project will use any innovative
design or construction techniques;
(C) whether the project will require significant
action by other Federal, State, or local agencies;
(D) whether there is significant public dispute as
to the nature or effects of the project; and
(E) whether there is significant public dispute as
to the economic or environmental costs or benefits of
the project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall
provide written notice to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate as to the results of that
determination, including an identification of the specific one
or more factors used in making the determination that the
project is complex.
(4) Limitation.--The Secretary shall not extend the
timeline for a project study for a period of more than 7 years,
and any project study that is not completed before that date
shall no longer be authorized.
(d) Reviews.--Not later than 90 days after the date of the
initiation of a project study described in subsection (a), the
Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 805;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 805(d) that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a
review, analysis, opinion, or statement for the project
study; or
(C) be required to make a determination on issuing
a permit, license, or other approval or decision for
the project study; and
(3) take all steps necessary to provide information that
will enable required reviews and analyses related to the
project to be conducted by other agencies in a thorough and
timely manner.
(e) Interim Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate and make publicly available
a report that describes--
(1) the status of the implementation of the planning
process under this section, including the number of
participating projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies initiated prior to
the date of the enactment of this Act; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project.
(f) Final Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate and make publicly available
a report that describes--
(1) the status of the implementation of this section,
including a description of each project study subject to the
requirements of this section;
(2) the amount of time taken to complete each project
study; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
SEC. 804. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of enactment of this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering, and design of the
project in accordance with the Reclamation Act of 1902 (32
Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
SEC. 805. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(A) each project study that is initiated after the
date of enactment of this Act and for which an
environmental impact statement is prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) the extent determined appropriate by the
Secretary, to other project studies initiated before
the date of enactment of this Act and for which an
environmental review process document is prepared under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(C) any project study for the development of a non-
federally owned and operated surface water storage
project for which the Secretary determines there is a
demonstrable Federal interest and the project--
(i) is located in a river basin where other
Bureau of Reclamation water projects are
located;
(ii) will create additional water supplies
that support Bureau of Reclamation water
projects; or
(iii) will become integrated into the
operation of Bureau of Reclamation water
projects.
(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project studies,
or a program of project studies.
(3) List of project studies.--
(A) In general.--The Secretary shall annually
prepare, and make publicly available, a list of all
project studies that the Secretary has determined--
(i) meets the standards described in
paragraph (1); and
(ii) does not have adequate funding to make
substantial progress toward the completion of
the project study.
(B) Inclusions.--The Secretary shall include for
each project study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the project study.
(b) Project Review Process.--
(1) In general.--The Secretary shall develop and implement
a coordinated environmental review process for the development
of project studies.
(2) Coordinated review.--The coordinated environmental
review process described in paragraph (1) shall require that
any review, analysis, opinion, statement, permit, license, or
other approval or decision issued or made by a Federal, State,
or local governmental agency or an Indian tribe for a project
study described in subsection (b) be conducted, to the maximum
extent practicable, concurrently with any other applicable
governmental agency or Indian tribe.
(3) Timing.--The coordinated environmental review process
under this subsection shall be completed not later than the
date on which the Secretary, in consultation and concurrence
with the agencies identified under section 805(d), establishes
with respect to the project study.
(c) Lead Agencies.--
(1) Joint lead agencies.--
(A) In general.--Subject to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the requirements of section 1506.8 of
title 40, Code of Federal Regulations (or successor
regulations), including the concurrence of the proposed
joint lead agency, a project sponsor may serve as the
joint lead agency.
(B) Project sponsor as joint lead agency.--A
project sponsor that is a State or local governmental
entity may--
(i) with the concurrence of the Secretary,
serve as a joint lead agency with the Federal
lead agency for purposes of preparing any
environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(ii) prepare any environmental review
process document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) required in support of any action
or approval by the Secretary if--
(I) the Secretary provides guidance
in the preparation process and
independently evaluates that document;
(II) the project sponsor complies
with all requirements applicable to the
Secretary under--
(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(bb) any regulation
implementing that Act; and
(cc) any other applicable
Federal law; and
(III) the Secretary approves and
adopts the document before the
Secretary takes any subsequent action
or makes any approval based on that
document, regardless of whether the
action or approval of the Secretary
results in Federal funding.
(2) Duties.--The Secretary shall ensure that--
(A) the project sponsor complies with all design
and mitigation commitments made jointly by the
Secretary and the project sponsor in any environmental
document prepared by the project sponsor in accordance
with this subsection; and
(B) any environmental document prepared by the
project sponsor is appropriately supplemented to
address any changes to the project the Secretary
determines are necessary.
(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any determination
related to the project study to the same extent that the
Federal agency could adopt or use a document prepared by
another Federal agency under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations).
(4) Roles and responsibility of lead agency.--With respect
to the environmental review process for any project study, the
Federal lead agency shall have authority and responsibility--
(A) to take such actions as are necessary and
proper and within the authority of the Federal lead
agency to facilitate the expeditious resolution of the
environmental review process for the project study; and
(B) to prepare or ensure that any required
environmental impact statement or other environmental
review document for a project study required to be
completed under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable Federal
law.
(d) Participating and Cooperating Agencies.--
(1) Identification of jurisdictional agencies.--With
respect to carrying out the environmental review process for a
project study, the Secretary shall identify, as early as
practicable in the environmental review process, all Federal,
State, and local government agencies and Indian tribes that
may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a
review, analysis, opinion, or statement for the project
study; or
(C) be required to make a determination on issuing
a permit, license, or other approval or decision for
the project study.
(2) State authority.--If the environmental review process
is being implemented by the Secretary for a project study
within the boundaries of a State, the State, consistent with
State law, may choose to participate in the process and to make
subject to the process all State agencies that--
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review,
analysis, opinion, or statement for the project study;
or
(C) are required to make a determination on issuing
a permit, license, or other approval or decision for
the project study.
(3) Invitation.--
(A) In general.--The Federal lead agency shall
invite, as early as practicable in the environmental
review process, any agency identified under paragraph
(1) to become a participating or cooperating agency, as
applicable, in the environmental review process for the
project study.
(B) Deadline.--An invitation to participate issued
under subparagraph (A) shall set a deadline by which a
response to the invitation shall be submitted, which
may be extended by the Federal lead agency for good
cause.
(4) Procedures.--Section 1501.6 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of
the Bureau of Reclamation Project Streamlining Act) shall
govern the identification and the participation of a
cooperating agency.
(5) Federal cooperating agencies.--Any Federal agency that
is invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
(A)(i) has no jurisdiction or authority with
respect to the project;
(ii) has no expertise or information relevant to
the project; or
(iii) does not have adequate funds to participate
in the project; and
(B) does not intend to submit comments on the
project.
(6) Administration.--A participating or cooperating agency
shall comply with this section and any schedule established
under this section.
(7) Effect of designation.--Designation as a participating
or cooperating agency under this subsection shall not imply
that the participating or cooperating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.
(8) Concurrent reviews.--Each participating or cooperating
agency shall--
(A) carry out the obligations of that agency under
other applicable law concurrently and in conjunction
with the required environmental review process, unless
doing so would prevent the participating or cooperating
agency from conducting needed analysis or otherwise
carrying out those obligations; and
(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to
ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.
(e) Non-Federal Projects Integrated Into Reclamation Systems.--The
Federal lead agency shall serve in that capacity for the entirety of
all non-Federal projects that will be integrated into a larger system
owned, operated or administered in whole or in part by the Bureau of
Reclamation.
(f) Non-Federal Project.--If the Secretary determines that a
project can be expedited by a non-Federal sponsor and that there is a
demonstrable Federal interest in expediting that project, the Secretary
shall take such actions as are necessary to advance such a project as a
non-Federal project, including, but not limited to, entering into
agreements with the non-Federal sponsor of such project to support the
planning, design and permitting of such project as a non-Federal
project.
(g) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance
regarding the use of programmatic approaches to carry out the
environmental review process that--
(A) eliminates repetitive discussions of the same
issues;
(B) focuses on the actual issues ripe for analyses
at each level of review;
(C) establishes a formal process for coordinating
with participating and cooperating agencies, including
the creation of a list of all data that are needed to
carry out an environmental review process; and
(D) complies with--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance under
that paragraph, consult with relevant Federal, State,
and local governmental agencies, Indian tribes, and the
public on the appropriate use and scope of the
programmatic approaches;
(B) emphasize the importance of collaboration among
relevant Federal, State, and local governmental
agencies, and Indian tribes in undertaking programmatic
reviews, especially with respect to including reviews
with a broad geographical scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including of the
analyses and data used in the environmental
review process, the treatment of any deferred
issues raised by Federal, State, and local
governmental agencies, Indian tribes, or the
public, and the temporal and special scales to
be used to analyze those issues;
(ii) use accurate and timely information in
the environmental review process, including--
(I) criteria for determining the
general duration of the usefulness of
the review; and
(II) the timeline for updating any
out-of-date review;
(iii) describe--
(I) the relationship between
programmatic analysis and future tiered
analysis; and
(II) the role of the public in the
creation of future tiered analysis; and
(iv) are available to other relevant
Federal, State, and local governmental
agencies, Indian tribes, and the public;
(D) allow not fewer than 60 days of public notice
and comment on any proposed guidance; and
(E) address any comments received under
subparagraph (D).
(h) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--The Federal lead agency shall,
after consultation with and with the concurrence of
each participating and cooperating agency and the
project sponsor or joint lead agency, as applicable,
establish a plan for coordinating public and agency
participation in, and comment on, the environmental
review process for a project study or a category of
project studies.
(B) Schedule.--
(i) In general.--As soon as practicable but
not later than 45 days after the close of the
public comment period on a draft environmental
impact statement, the Federal lead agency,
after consultation with and the concurrence of
each participating and cooperating agency and
the project sponsor or joint lead agency, as
applicable, shall establish, as part of the
coordination plan established in subparagraph
(A), a schedule for completion of the
environmental review process for the project
study.
(ii) Factors for consideration.--In
establishing a schedule, the Secretary shall
consider factors such as--
(I) the responsibilities of
participating and cooperating agencies
under applicable laws;
(II) the resources available to the
project sponsor, joint lead agency, and
other relevant Federal and State
agencies, as applicable;
(III) the overall size and
complexity of the project;
(IV) the overall schedule for and
cost of the project; and
(V) the sensitivity of the natural
and historical resources that could be
affected by the project.
(iii) Modifications.--The Secretary may--
(I) lengthen a schedule established
under clause (i) for good cause; and
(II) shorten a schedule only with
concurrence of the affected
participating and cooperating agencies
and the project sponsor or joint lead
agency, as applicable.
(iv) Dissemination.--A copy of a schedule
established under clause (i) shall be--
(I) provided to each participating
and cooperating agency and the project
sponsor or joint lead agency, as
applicable; and
(II) made available to the public.
(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements.--For
comments by Federal and State agencies and the public
on a draft environmental impact statement, a period of
not more than 60 days after publication in the Federal
Register of notice of the date of public availability
of the draft environmental impact statement, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the
Federal lead agency for good cause.
(B) Other environmental review processes.--For all
other comment periods established by the Federal lead
agency for agency or public comments in the
environmental review process, a period of not more than
30 days after the date on which the materials on which
comment is requested are made available, unless--
(i) a different deadline is established by
agreement of the Federal lead agency, the
project sponsor, or joint lead agency, as
applicable, and all participating and
cooperating agencies; or
(ii) the deadline is extended by the
Federal lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any case
in which a decision under any Federal law relating to a project
study, including the issuance or denial of a permit or license,
is required to be made by the date described in subsection
(i)(5)(B), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of
the failure of the Federal agency to make the decision;
and
(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project
study have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
(4) Involvement of the public.--Nothing in this subsection
reduces any time period provided for public comment in the
environmental review process under applicable Federal law
(including regulations).
(5) Transparency reporting.--
(A) Reporting requirements.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall establish and maintain an electronic database
and, in coordination with other Federal and State
agencies, issue reporting requirements to make publicly
available the status and progress with respect to
compliance with applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other Federal, State, or local approval
or action required for a project study for which this
section is applicable.
(B) Project study transparency.--Consistent with
the requirements established under subparagraph (A),
the Secretary shall make publicly available the status
and progress of any Federal, State, or local decision,
action, or approval required under applicable laws for
each project study for which this section is
applicable.
(i) Issue Identification and Resolution.--
(1) Cooperation.--The Federal lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the environmental
review process or result in the denial of any approval required
for the project study under applicable laws.
(2) Federal lead agency responsibilities.--
(A) In general.--The Federal lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the project area and the general locations of
the alternatives under consideration.
(B) Data sources.--The information under
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
(3) Cooperating and participating agency
responsibilities.--Based on information received from the
Federal lead agency, cooperating and participating agencies
shall identify, as early as practicable, any issues of concern
regarding the potential environmental or socioeconomic impacts
of the project, including any issues that could substantially
delay or prevent an agency from granting a permit or other
approval that is needed for the project study.
(4) Accelerated issue resolution and elevation.--
(A) In general.--On the request of a participating
or cooperating agency or project sponsor, the Secretary
shall convene an issue resolution meeting with the
relevant participating and cooperating agencies and the
project sponsor or joint lead agency, as applicable, to
resolve issues that may--
(i) delay completion of the environmental
review process; or
(ii) result in denial of any approval
required for the project study under applicable
laws.
(B) Meeting date.--A meeting requested under this
paragraph shall be held not later than 21 days after
the date on which the Secretary receives the request
for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
(C) Notification.--On receipt of a request for a
meeting under this paragraph, the Secretary shall
notify all relevant participating and cooperating
agencies of the request, including the issue to be
resolved and the date for the meeting.
(D) Elevation of issue resolution.--If a resolution
cannot be achieved within the 30-day period beginning
on the date of a meeting under this paragraph and a
determination is made by the Secretary that all
information necessary to resolve the issue has been
obtained, the Secretary shall forward the dispute to
the heads of the relevant agencies for resolution.
(E) Convention by secretary.--The Secretary may
convene an issue resolution meeting under this
paragraph at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested
under subparagraph (A).
(5) Financial penalty provisions.--
(A) In general.--A Federal jurisdictional agency
shall complete any required approval or decision for
the environmental review process on an expeditious
basis using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--
(I) Transfer of funds.--If a
Federal jurisdictional agency fails to
render a decision required under any
Federal law relating to a project study
that requires the preparation of an
environmental impact statement or
environmental assessment, including the
issuance or denial of a permit,
license, statement, opinion, or other
approval by the date described in
clause (ii), the amount of funds made
available to support the office of the
head of the Federal jurisdictional
agency shall be reduced by an amount of
funding equal to the amount specified
in item (aa) or (bb) of subclause (II),
and those funds shall be made available
to the division of the Federal
jurisdictional agency charged with
rendering the decision by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C).
(II) Amount to be transferred.--The
amount referred to in subclause (I)
is--
(aa) $20,000 for any
project study requiring the
preparation of an environmental
assessment or environmental
impact statement; or
(bb) $10,000 for any
project study requiring any
type of review under the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.) other than an
environmental assessment or
environmental impact statement.
(ii) Description of date.--The date
referred to in clause (i) is the later of--
(I) the date that is 180 days after
the date on which an application for
the permit, license, or approval is
complete; and
(II) the date that is 180 days
after the date on which the Federal
lead agency issues a decision on the
project under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds under
subparagraph (B) relating to an individual
project study shall exceed, in any fiscal year,
an amount equal to 1 percent of the funds made
available for the applicable agency office.
(ii) Failure to decide.--The total amount
transferred in a fiscal year as a result of a
failure by an agency to make a decision by an
applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available
for the applicable agency office for that
fiscal year.
(iii) Aggregate.--Notwithstanding any other
provision of law, for each fiscal year, the
aggregate amount of financial penalties
assessed against each applicable agency office
under this Act and any other Federal law as a
result of a failure of the agency to make a
decision by an applicable deadline for
environmental review, including the total
amount transferred under this paragraph, shall
not exceed an amount equal to 9.5 percent of
the funds made available for the agency office
for that fiscal year.
(D) Notification of transfers.--Not later than 10
days after the last date in a fiscal year on which
funds of the Federal jurisdictional agency may be
transferred under subparagraph (B)(5) with respect to
an individual decision, the agency shall submit to the
appropriate committees of the House of Representatives
and the Senate written notification that includes a
description of--
(i) the decision;
(ii) the project study involved;
(iii) the amount of each transfer under
subparagraph (B) in that fiscal year relating
to the decision;
(iv) the total amount of all transfers
under subparagraph (B) in that fiscal year
relating to the decision; and
(v) the total amount of all transfers of
the agency under subparagraph (B) in that
fiscal year.
(E) No fault of agency.--
(i) In general.--A transfer of funds under
this paragraph shall not be made if the
applicable agency described in subparagraph (A)
notifies, with a supporting explanation, the
Federal lead agency, cooperating agencies, and
project sponsor, as applicable, that--
(I) the agency has not received
necessary information or approvals from
another entity in a manner that affects
the ability of the agency to meet any
requirements under Federal, State, or
local law;
(II) significant new information,
including from public comments, or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application; or
(III) the agency lacks the
financial resources to complete the
review under the scheduled timeframe,
including a description of the number
of full-time employees required to
complete the review, the amount of
funding required to complete the
review, and a justification as to why
not enough funding is available to
complete the review by the deadline.
(ii) Lack of financial resources.--If the
agency provides notice under clause (i)(III),
the Inspector General of the agency shall--
(I) conduct a financial audit to
review the notice; and
(II) not later than 90 days after
the date on which the review described
in subclause (I) is completed, submit
to the Committee on Natural Resources
of the House of Representatives and the
Committee on Energy and Natural
Resources of the Senate the results of
the audit conducted under subclause
(I).
(F) Limitation.--The Federal agency from which
funds are transferred pursuant to this paragraph shall
not reprogram funds to the office of the head of the
agency, or equivalent office, to reimburse that office
for the loss of the funds.
(G) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to
comply with, any Federal, State, local, or tribal law.
(j) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other, State and
local agencies, and Indian tribes on environmental
review and Bureau of Reclamation project delivery
activities at the earliest practicable time to avoid
delays and duplication of effort later in the process,
prevent potential conflicts, and ensure that planning
and project development decisions reflect environmental
values; and
(B) the cooperation referred to in subparagraph (A)
should include the development of policies and the
designation of staff that advise planning agencies and
project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies
and Indian tribes.
(2) Technical assistance.--If requested at any time by a
State or project sponsor, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or project sponsor in carrying out
early coordination activities.
(3) Memorandum of agency agreement.--If requested at any
time by a State or project sponsor, the Federal lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the project sponsor, Indian tribes,
State and local governments, and other appropriate entities to
carry out the early coordination activities, including
providing technical assistance in identifying potential impacts
and mitigation issues in an integrated fashion.
(k) Limitations.--Nothing in this section preempts or interferes
with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in
a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or project sponsor has with respect to carrying
out a project or any other provision of law applicable to
projects.
(l) Timing of Claims.--
(1) Timing.--
(A) In general.--Notwithstanding any other
provision of law, a claim arising under Federal law
seeking judicial review of a permit, license, or other
approval issued by a Federal agency for a project study
shall be barred unless the claim is filed not later
than 3 years after publication of a notice in the
Federal Register announcing that the permit, license,
or other approval is final pursuant to the law under
which the agency action is taken, unless a shorter time
is specified in the Federal law that allows judicial
review.
(B) Applicability.--Nothing in this subsection
creates a right to judicial review or places any limit
on filing a claim that a person has violated the terms
of a permit, license, or other approval.
(2) New information.--
(A) In general.--The Secretary shall consider new
information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
title 40, Code of Federal Regulations (including
successor regulations).
(B) Separate action.--The preparation of a
supplemental environmental impact statement or other
environmental document, if required under this section,
shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of
the action shall be 3 years after the date of
publication of a notice in the Federal Register
announcing the action relating to such supplemental
environmental impact statement or other environmental
document.
(m) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation of
categorical exclusions in projects since 2005;
(B) publish a review of the survey that includes a
description of--
(i) the types of actions that were
categorically excluded or could be the basis
for developing a new categorical exclusion; and
(ii) any requests previously received by
the Secretary for new categorical exclusions;
and
(C) solicit requests from other Federal agencies
and project sponsors for new categorical exclusions.
(2) New categorical exclusions.--Not later than 1 year
after the date of enactment of this Act, if the Secretary has
identified a category of activities that merit establishing a
categorical exclusion that did not exist on the day before the
date of enactment this Act based on the review under paragraph
(1), the Secretary shall publish a notice of proposed
rulemaking to propose that new categorical exclusion, to the
extent that the categorical exclusion meets the criteria for a
categorical exclusion under section 1508.4 of title 40, Code of
Federal Regulations (or successor regulation).
(n) Review of Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the United
States shall--
(A) assess the reforms carried out under this
section; and
(B) not later than 5 years and not later than 10
years after the date of enactment of this Act, submit
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes the
results of the assessment.
(2) Contents.--The reports under paragraph (1) shall
include an evaluation of impacts of the reforms carried out
under this section on--
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(o) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress made toward improving and
expediting the planning and environmental review process.
(p) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation surface
water storage project that is in operation or under construction when
damaged by an event or incident that results in a declaration by the
President of a major disaster or emergency pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Secretary shall treat such repair, reconstruction, or
rehabilitation activity as a class of action categorically excluded
from the requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title 40, Code
of Federal Regulations (or successor regulations), if the repair or
reconstruction activity is--
(1) in the same location with the same capacity,
dimensions, and design as the original Bureau of Reclamation
surface water storage project as before the declaration
described in this section; and
(2) commenced within a 2-year period beginning on the date
of a declaration described in this subsection.
SEC. 806. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report, to be entitled
``Report to Congress on Future Water Project Development'', that
identifies the following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (c)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in
subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to
an authorized water project or project study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (b); or
(B) is identified by the Secretary for
authorization.
(4) Expedited completion of report and determinations.--Any
project study that was expedited and any Secretarial
determinations under section 804.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
project studies and proposed modifications to authorized
projects and project studies to be included in the annual
report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that non-
Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after the
date of publication of the notice in the Federal Register in
order for the proposals to be considered for inclusion in the
annual report.
(3) Notification.--On the date of publication of each
notice required by this subsection, the Secretary shall--
(A) make the notice publicly available, including
on the Internet; and
(B) provide written notification of the publication
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(c) Contents.--
(1) Project reports, proposed project studies, and proposed
modifications.--
(A) Criteria for inclusion in report.--The
Secretary shall include in the annual report only those
project reports, proposed project studies, and proposed
modifications to authorized projects and project
studies that--
(i) are related to the missions and
authorities of the Bureau of Reclamation;
(ii) require specific congressional
authorization, including by an Act of Congress;
(iii) have not been congressionally
authorized;
(iv) have not been included in any previous
annual report; and
(v) if authorized, could be carried out by
the Bureau of Reclamation.
(B) Description of benefits.--
(i) Description.--The Secretary shall
describe in the annual report, to the extent
applicable and practicable, for each proposed
project study and proposed modification to an
authorized water resources development project
or project study included in the annual report,
the benefits, as described in clause (ii), of
each such study or proposed modification.
(ii) Benefits.--The benefits (or expected
benefits, in the case of a proposed project
study) described in this clause are benefits
to--
(I) the protection of human life
and property;
(II) improvement to domestic
irrigated water and power supplies;
(III) the national economy;
(IV) the environment; or
(V) the national security interests
of the United States.
(C) Identification of other factors.--The Secretary
shall identify in the annual report, to the extent
practicable--
(i) for each proposed project study
included in the annual report, the non-Federal
interest that submitted the proposed project
study pursuant to subsection (b); and
(ii) for each proposed project study and
proposed modification to a project or project
study included in the annual report, whether
the non-Federal interest has demonstrated--
(I) that local support exists for
the proposed project study or proposed
modification to an authorized project
or project study (including the surface
water storage development project that
is the subject of the proposed
feasibility study or the proposed
modification to an authorized project
study); and
(II) the financial ability to
provide the required non-Federal cost
share.
(2) Transparency.--The Secretary shall include in the
annual report, for each project report, proposed project study,
and proposed modification to a project or project study
included under paragraph (1)(A)--
(A) the name of the associated non-Federal
interest, including the name of any non-Federal
interest that has contributed, or is expected to
contribute, a non-Federal share of the cost of--
(i) the project report;
(ii) the proposed project study;
(iii) the authorized project study for
which the modification is proposed; or
(iv) construction of--
(I) the project that is the subject
of--
(aa) the water report;
(bb) the proposed project
study; or
(cc) the authorized project
study for which a modification
is proposed; or
(II) the proposed modification to a
project;
(B) a letter or statement of support for the water
report, proposed project study, or proposed
modification to a project or project study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to a
project or project study;
(D) an estimate, to the extent practicable, of the
Federal, non-Federal, and total costs of--
(i) the proposed modification to an
authorized project study; and
(ii) construction of--
(I) the project that is the subject
of--
(aa) the project report; or
(bb) the authorized project
study for which a modification
is proposed, with respect to
the change in costs resulting
from such modification; or
(II) the proposed modification to
an authorized project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the project that is the subject of--
(I) the project report; or
(II) the authorized project study
for which a modification is proposed,
with respect to the benefits of such
modification; or
(ii) the proposed modification to an
authorized project.
(3) Certification.--The Secretary shall include in the
annual report a certification stating that each feasibility
report, proposed feasibility study, and proposed modification
to a project or project study included in the annual report
meets the criteria established in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a notice required by
subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first
annual report developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
(f) Definition.--In this section, the term ``project report'' means
a final feasibility report developed under the Reclamation Act of 1902
(32 Stat. 388), and all Acts amendatory thereof or supplementary
thereto.
TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE
ENHANCEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Accelerated Revenue, Repayment,
and Surface Water Storage Enhancement Act''.
SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED
STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER
SUPPLIES.
(a) Conversion and Prepayment of Contracts.--
(1) Conversion.--Upon request of the contractor, the
Secretary of the Interior shall convert any water service
contract in effect on the date of enactment of this Act and
between the United States and a water users' association to
allow for prepayment of the repayment contract pursuant to
paragraph (2) under mutually agreeable terms and conditions.
The manner of conversion under this paragraph shall be as
follows:
(A) Water service contracts that were entered into
under section 9(e) of the Act of August 4, 1939 (53
Stat. 1196), to be converted under this section shall
be converted to repayment contracts under section 9(d)
of that Act (53 Stat. 1195).
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4,
1939 (53 Stat. 1194), to be converted under this
section shall be converted to a contract under
subsection (c)(1) of section 9 of that Act (53 Stat.
1195).
(2) Prepayment.--Except for those repayment contracts under
which the contractor has previously negotiated for prepayment,
all repayment contracts under section 9(d) of that Act (53
Stat. 1195) in effect on the date of enactment of this Act at
the request of the contractor, and all contracts converted
pursuant to paragraph (1)(A) shall--
(A) provide for the repayment, either in lump sum
or by accelerated prepayment, of the remaining
construction costs identified in water project specific
irrigation rate repayment schedules, as adjusted to
reflect payment not reflected in such schedule, and
properly assignable for ultimate return by the
contractor, or if made in approximately equal
installments, no later than 3 years after the effective
date of the repayment contract, such amount to be
discounted by \1/2\ the Treasury rate. An estimate of
the remaining construction costs, as adjusted, shall be
provided by the Secretary to the contractor no later
than 90 days following receipt of request of the
contractor;
(B) require that construction costs or other
capitalized costs incurred after the effective date of
the contract or not reflected in the rate 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
conversation 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;
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract; and
(D) continue so long as the contractor pays
applicable charges, consistent with section 9(d) of the
Act of August 4, 1939 (53 Stat. 1195), and applicable
law.
(3) Contract requirements.--Except for those repayment
contracts under which the contractor has previously negotiated
for prepayment, the following shall apply with regard to all
repayment contracts under subsection (c)(1) of section 9 of
that Act (53 Stat. 1195) in effect on the date of enactment of
this Act at the request of the contractor, and all contracts
converted pursuant to paragraph (1)(B):
(A) Provide for the repayment in lump sum of the
remaining construction costs identified in water
project specific municipal and industrial rate
repayment schedules, as adjusted to reflect payments
not reflected in such schedule, and properly assignable
for ultimate return by the contractor. An estimate of
the remaining construction costs, as adjusted, shall be
provided by the Secretary to the contractor no later
than 90 days after receipt of request of contractor.
(B) The contract shall require that construction
costs or other capitalized costs incurred after the
effective date of the contract or not reflected in the
rate 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 conversation 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.
(C) Continue so long as the contractor pays
applicable charges, consistent with section 9(c)(1) of
the Act of August 4, 1939 (53 Stat. 1195), and
applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of
prepayment financing used by the water users'
association;
(B) conform to any other agreements, such as
applicable settlement agreements and new constructed
appurtenant facilities; and
(C) not modify other water service, repayment,
exchange and transfer contractual rights between the
water users' association, and the Bureau of
Reclamation, or any rights, obligations, or
relationships of the water users' association and their
landowners as provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection (a) shall
be subject to adjustment following a final cost allocation by the
Secretary of the Interior. 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 not less than one year and not
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 shall credit such overpayment as an offset
against any outstanding or future obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into pursuant
to subsection (a)(2)(A), subsections (a) and (b) of section 213
of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall
apply to affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized
costs described in subsection (a)(2)(B), (a)(3)(B), or (b)
shall not affect a contractor's status as having repaid all of
the construction costs assignable to the contractor or the
applicability of subsections (a) and (b) of section 213 of the
Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount
required to be paid by the contractor under the repayment
contract entered into pursuant to subsection (a)(2)(A) have
been paid.
(d) Effect on Existing Law Not Altered.--Implementation of the
provisions of this title shall not alter--
(1) the repayment obligation of any water service or
repayment contractor receiving water from the same water
project, or shift any costs that would otherwise have been
properly assignable to the water users' association identified
in subsections (a)(1), (a)(2), and (a)(3) absent this section,
including operation and maintenance costs, construction costs,
or other capitalized costs incurred after the date of the
enactment of this Act, or to other contractors; and
(2) specific requirements for the disposition of amounts
received as repayments by the Secretary under 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.).
(e) Surface Water Storage Enhancement Program.--
(1) In general.--Except as provided in subsection (d)(2),
three years following the date of enactment of this Act, 50
percent of receipts generated from prepayment of contracts
under this section beyond amounts necessary to cover the amount
of receipts forgone from scheduled payments under current law
for the 10-year period following the date of enactment of this
Act shall be directed to the Reclamation Surface Water Storage
Account under paragraph (2).
(2) Surface storage account.--The Secretary shall allocate
amounts collected under paragraph (1) into the ``Reclamation
Surface Storage Account'' to fund the construction of surface
water storage. The Secretary may also enter into cooperative
agreements with water users' associations for the construction
of surface water storage and amounts within the Surface Storage
Account may be used to fund such construction. Surface water
storage projects that are otherwise not federally authorized
shall not be considered Federal facilities as a result of any
amounts allocated from the Surface Storage Account for part or
all of such facilities.
(3) Repayment.--Amounts used for surface water storage
construction from the Account shall be fully reimbursed to the
Account consistent with the requirements under Federal
reclamation law (the 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.) except that all funds
reimbursed shall be deposited in the Account established under
paragraph (2).
(4) Availability of amounts.--Amounts deposited in the
Account under this subsection shall--
(A) be made available in accordance with this
section, subject to appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(5) Purposes of surface water storage.--Construction of
surface water storage under this section shall be made for the
following purposes:
(A) Increased municipal and industrial water
supply.
(B) Agricultural floodwater, erosion, and
sedimentation reduction.
(C) Agricultural drainage improvements.
(D) Agricultural irrigation.
(E) Increased recreation opportunities.
(F) Reduced adverse impacts to fish and wildlife
from water storage or diversion projects within
watersheds associated with water storage projects
funded under this section.
(G) Any other purposes consistent with reclamation
laws or other Federal law.
(f) Definitions.--For the purposes of this title, the following
definitions apply:
(1) Account.--The term ``Account'' means the Reclamation
Surface Water Storage Account established under subsection
(e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of surface water storage including additions to
existing surface water storage and construction of new surface
water storage facilities, exclusive of any Federal statutory or
regulatory obligations relating to any permit, review,
approval, or other such requirement.
(3) Surface water storage.--The term ``surface water
storage'' means any federally owned facility under the
jurisdiction of the Bureau of Reclamation or any non-Federal
facility used for the surface storage and supply of water
resources.
(4) Treasury rate.--The term ``Treasury rate'' means the
20-year Constant Maturity Treasury (CMT) rate published by the
United States Department of the Treasury existing on the
effective date of the contract.
(5) Water users' association.--The term ``water users'
association'' means--
(A) an entity organized and recognized under State
laws that is eligible to enter into contracts with
reclamation to receive contract water for delivery to
and users of the water and to pay applicable charges;
and
(B) includes a variety of entities with different
names and differing functions, such as associations,
conservatory district, irrigation district,
municipality, and water project contract unit.
TITLE X--SAFETY OF DAMS
SEC. 1001. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
The Reclamation Safety of Dams Act of 1978 is amended--
(1) in section 3, by striking ``Construction'' and
inserting ``Except as provided in section 5B, construction'';
and
(2) by inserting after section 5A (43 U.S.C. 509) the
following:
``SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
``Notwithstanding section 3, if the Secretary determines that
additional project benefits, including but not limited to additional
conservation storage capacity, are feasible and not inconsistent with
the purposes of this Act, the Secretary is authorized to develop
additional project benefits through the construction of new or
supplementary works on a project in conjunction with the Secretary's
activities under section 2 of this Act and subject to the conditions
described in the feasibility study, provided--
``(1) the Secretary determines that developing additional
project benefits through the construction of new or
supplementary works on a project will promote more efficient
management of water and water-related facilities;
``(2) the feasibility study pertaining to additional
project benefits has been authorized pursuant to section 8 of
the Federal Water Project Recreation Act of 1965 (16 U.S.C.
4601-18); and
``(3) the costs associated with developing the additional
project benefits are agreed to in writing between the Secretary
and project proponents and shall be allocated to the authorized
purposes of the structure and repaid consistent with all
provisions of Federal Reclamation law (the Act of June 17,
1902, 43 U.S.C. 371 et seq.) and Acts supplemental to and
amendatory of that Act.''.
TITLE XI--WATER RIGHTS PROTECTION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Water Rights Protection Act''.
SEC. 1102. DEFINITION OF WATER RIGHT.
In this title, the term ``water right'' means any surface or
groundwater right filed, permitted, certified, confirmed, decreed,
adjudicated, or otherwise recognized by a judicial proceeding or by the
State in which the user acquires possession of the water or puts the
water to beneficial use, including water rights for federally
recognized Indian tribes.
SEC. 1103. TREATMENT OF WATER RIGHTS.
The Secretary of the Interior and the Secretary of Agriculture
shall not--
(1) condition or withhold, in whole or in part, the
issuance, renewal, amendment, or extension of any permit,
approval, license, lease, allotment, easement, right-of-way, or
other land use or occupancy agreement on--
(A) limitation or encumbrance of any water right,
or the transfer of any water right (including joint and
sole ownership), directly or indirectly to the United
States or any other designee; or
(B) any other impairment of any water right, in
whole or in part, granted or otherwise recognized under
State law, by Federal or State adjudication, decree, or
other judgment, or pursuant to any interstate water
compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement;
(3) assert jurisdiction over groundwater withdrawals or
impacts on groundwater resources, unless jurisdiction is
asserted, and any regulatory or policy actions taken pursuant
to such assertion are, consistent with, and impose no greater
restrictions or regulatory requirements than, applicable State
laws (including regulations) and policies governing the
protection and use of groundwater resources; or
(4) infringe on the rights and obligations of a State in
evaluating, allocating, and adjudicating the waters of the
State originating on or under, or flowing from, land owned or
managed by the Federal Government.
SEC. 1104. RECOGNITION OF STATE AUTHORITY.
(a) In General.--In carrying out section 1103, the Secretary of the
Interior and the Secretary of Agriculture shall--
(1) recognize the longstanding authority of the States
relating to evaluating, protecting, allocating, regulating, and
adjudicating groundwater by any means, including a rulemaking,
permitting, directive, water court adjudication, resource
management planning, regional authority, or other policy; and
(2) coordinate with the States in the adoption and
implementation by the Secretary of the Interior or the
Secretary of Agriculture of any rulemaking, policy, directive,
management plan, or other similar Federal action so as to
ensure that such actions are consistent with, and impose no
greater restrictions or regulatory requirements than, State
groundwater laws and programs.
(b) Effect on State Water Rights.--In carrying out this title, the
Secretary of the Interior and the Secretary of Agriculture shall not
take any action that adversely affects--
(1) any water rights granted by a State;
(2) the authority of a State in adjudicating water rights;
(3) definitions established by a State with respect to the
term ``beneficial use'', ``priority of water rights'', or
``terms of use'';
(4) terms and conditions of groundwater withdrawal,
guidance and reporting procedures, and conservation and source
protection measures established by a State;
(5) the use of groundwater in accordance with State law; or
(6) any other rights and obligations of a State established
under State law.
SEC. 1105. EFFECT OF TITLE.
(a) Effect on Existing Authority.--Nothing in this title limits or
expands any existing legally recognized authority of the Secretary of
the Interior or the Secretary of Agriculture to issue, grant, or
condition any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on Federal land
subject to the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, respectively.
(b) Effect on Reclamation Contracts.--Nothing in this title
interferes with Bureau of Reclamation contracts entered into pursuant
to the reclamation laws.
(c) Effect on Endangered Species Act.--Nothing in this title
affects the implementation of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(d) Effect on Federal Reserved Water Rights.--Nothing in this title
limits or expands any existing or claimed reserved water rights of the
Federal Government on land administered by the Secretary of the
Interior or the Secretary of Agriculture.
(e) Effect on Federal Power Act.--Nothing in this title limits or
expands authorities under sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Effect on Indian Water Rights.--Nothing in this title limits or
expands any water right or treaty right of any federally recognized
Indian tribe.
Passed the House of Representatives July 16, 2015.
Attest:
KAREN L. HAAS,
Clerk.