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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-647
======================================================================
SAVE OUR SALMON ACT
_______
June 28, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 4582]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4582) to exclude striped bass from the
anadromous fish doubling requirement in section 3406(b)(1) of
the Central Valley Project Improvement Act, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Salmon Act'' or the ``SOS
Act''.
SEC. 2. LEGISLATIVE FINDINGS.
Congress finds the following:
(1) California is home to many populations of native salmon
and steelhead.
(2) Many of the native salmon and steelhead populations in
California are listed under the Endangered Species Act of 1973.
(3) The Central Valley Project Improvement Act (CVPIA)
required a doubling of natural production of Central Valley
populations of anadromous fish within 10 years.
(4) Striped bass are anadromous fish indigenous to the East
Coast of the United States and are not native to the State of
California.
(5) Striped bass were included in the CVPIA's fish doubling
goal even though they are not a native species.
(6) Striped bass prey on native salmon and steelhead.
(7) Predation poses a serious threat to federally protected
juvenile salmon and other native fish in California.
(8) According to the National Marine Fisheries Service,
reducing abundance of striped bass and other non-native
predators must be achieved to prevent extinction of Central
Valley salmon and steelhead or to prevent the species from
declining irreversibly.
(9) Therefore, the CVPIA's fish-doubling goal for two
competing species is contradictory and counterproductive for
salmon and steelhead recovery.
SEC. 3. TREATMENT OF STRIPED BASS.
(a) Anadromous Fish.--Section 3403(a) of the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575) is amended by
striking ``striped bass,'' after ``stocks of salmon (including
steelhead),''.
(b) Fish and Wildlife Restoration Activities.--Section 3406(b) of the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575) is amended by--
(1) striking paragraphs (14) and (18);
(2) redesignating paragraphs (15) through (17) as paragraphs
(14) through (16), respectively; and
(3) redesignating paragraphs (19) through (23) as paragraphs
(17) through (21), respectively.
(c) Restoration Fund Established.--Section 3407(a) of the Central
Valley Project Improvement Act (title XXXIV of Public Law 102-575) is
amended by striking ``(10)-(18), and (20)-(22)'' and inserting ``(10)-
(16), and (18)-(20)''.
Purpose of the Bill
The purpose of H.R. 4582 is to exclude striped bass from
the anadromous fish doubling requirement in section 3406(b)(1)
of the Central Valley Project Improvement Act.
Background and Need for Legislation
H.R. 4582, as amended, removes contradictions in federal
law that promote a non-native fish species that have been
proven to devour salmon and other native species in parts of
California. The removal of these statutory provisions is
ultimately aimed at enhancing endangered and other native fish
populations.
The U.S. West Coast is home to a number of native and
federally endangered or threatened fish species. The latter
includes 28 subpopulations of steelhead and salmon in
California and the Pacific Northwest that have been listed by
the National Oceanic and Atmospheric Administration's National
Marine Fisheries Service (NMFS) under the Endangered Species
Act (ESA). Although some salmon runs have experienced record
and near record returns in certain areas, many continue to face
a number of ``stressors'' that complicate their survivability,
recovery and eventual delisting. One such stressor, according
to NMFS, is non-native species predation that causes
endangerment of 48 percent of the species listed under the
federal ESA. For example, Caspian terns, the northern
pikeminnow, cormorants, sea lions and striped bass are a few of
the native and non-native species on the West Coast that prey
on salmon fisheries. H.R. 4582 is a bipartisan effort aimed at
recovering salmon and Delta smelt populations in parts of
California through the elimination of specific federal
statutory provisions that promote the non-indigenous, predatory
striped bass.
Indigenous to the East Coast of the United States, striped
bass were first introduced into California's Sacramento/San
Joaquin Bay-Delta (Bay-Delta) in 1879 for sport and
recreational fishing purposes. Some believe this species poses
a direct predatory threat to ESA-listed and other fish species
in the Bay-Delta. Specifically, the California Department of
Fish and Wildlife estimates that striped bass may consume
upwards of 2550 percent of winter and spring run Chinook
salmon. In its 2009 Recovery Plan for winter and spring run
Chinook salmon, NMFS identified predation of juvenile salmon as
one of the primary specific stressors to these species and
advocated for reducing the population of striped bass to
``prevent extinction or to prevent the species from declining
irreversibly.'' In addition, as part of the Federal Energy
Regulatory Commission's relicensing of Don Pedro Dam, a
February 2013 report found that 93 percent of juvenile salmon
smolts perished on the Tuolumne River from striped bass
predation. Recovering salmon and other federally endangered/
threatened species will help promote a healthy fishery and
could increase water diversions for human populations if the
species are de-listed from the federal ESA.
In a February 10, 2016, Water, Power and Oceans
Subcommittee oversight hearing on predation, a NMFS witness
testified that some salmonid populations in California are,
``extremely low due to an abundance of striped bass.'' One
focus of that hearing was the Central Valley Project
Improvement Act's (CVPIA, Public Law 102575) statutory goal to
at least double the natural production of anadromous fish,
which includes both salmon and striped bass. The federal Bureau
of Reclamation, an agency that administers water supply
deliveries from the Central Valley Project (CVP) and is also
charged with implementing the CVPIA, has taken a number of
actions that have helped augment striped bass populations.
These include funding programs aimed at minimizing CVP
entrainment losses of striped bass eggs, larvae, and young in
water intake facilities at the Tracy Fish Collection Facility;
programs to reduce striped bass losses during fish screen
salvage, handling, trucking and fish release operations at CVP
facilities; and funding for reducing predation of striped bass
at Reclamation water intake structures. The CVPIA and the
federal government's implementation activities outlined above
that enhance the non-indigenous and predatory striped bass in
contradiction to the goals of the ESA.
H.R. 4582 eliminates this ongoing federal conflict between
protecting striped bass and endangered salmon in California.
Water agencies, including the Association of California Water
Agencies, the Metropolitan Water District of Southern
California, the San Luis Delta Mendota Water Authority and
others directly impacted by the abundance of these federally-
protected native fish species support this bill. The
Administration also supports the bill, as amended. At the
Subcommittee's April 20, 2016, legislative hearing on H.R.
4582, the Administration specifically testified:
In consideration of the striped bass's function as a
fish that contributes to mortality for listed species
and is not native to the Bay-Delta or even California,
the [Interior] Department has no concern with the
removal of striped bass from the CVPIA's fish doubling
goals.
In addition, the Administration proposed additional
modifications aimed at clarifying the intent of the bill. The
Natural Resources Committee adopted an amendment which
incorporated these modifications at a June 15, 2016, markup.
H.R. 4582, as amended, aims to help ensure that non-native
predation in the Bay-Delta does not impede recovery efforts for
ESA-listed fish species.
Section-by-Section Analysis of Bill as Ordered Reported
Section 1. Short title
This section states the short title of the bill as the
``Save Our Salmon Act'' or the ``SOS Act''.
Section 2. Legislative findings
Section 2 lists findings related to the abundance of
anadromous, non-native striped bass in California.
Section 3. Treatment of striped bass
This section, as amended, amends Section 3403(a), Section
3406(b) and Section 3407(a) of the CVPIA to exempt striped bass
from its requirements to double the natural production of
anadromous fish species and to strike specific actions related
to striped bass recovery.
Committee Action
H.R. 4582 was introduced on February 23, 2016, by
Congressman Jeff Denham (RCA). The bill was referred to the
Committee on Natural Resources, and within the Committee, the
bill was referred to the Subcommittee on Water, Power and
Oceans. On April 20, 2016, the Subcommittee held a hearing on
the bill. On June 14, 2016, the Natural Resources Committee met
to consider the bill. The Subcommittee on Water, Power and
Oceans was discharged by unanimous consent. Congressman Jeff
Denham offered an amendment designated 056; it was adopted by
unanimous consent. No additional amendments were offered, and
the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on June 15, 2016.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 24, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4582, the Save Our
Salmon Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 4582--Save Our Salmon Act
H.R. 4582 would remove striped bass from the list of fish
populations that the Bureau of Reclamation (BOR) is tasked with
doubling in the Sacramento and San Joaquin rivers in
California. Based on information from the BOR, CBO estimates
that enacting the legislation would not affect the federal
budget because activities such as installing diversion screens
near water intake or pumping structures protect many other fish
species and the BOR would continue those activities.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 4582 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-years periods beginning in 2027.
H.R. 4582 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Aurora Swanson.
This estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill to exclude striped bass from the
anadromous fish doubling requirement in section 3406(b)(1) of
the Central Valley Project Improvement Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CENTRAL VALLEY PROJECT IMPROVEMENT ACT
TITLE XXXIV--CENTRAL VALLEY PROJECT IMPROVEMENT ACT
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Central Valley Project
Improvement Act''.
* * * * * * *
SEC. 3403. DEFINITIONS.
As used in this title--
(a) the term ``anadromous fish'' means those stocks
of salmon (including steelhead), [striped bass,]
sturgeon, and American shad that ascend the Sacramento
and San Joaquin rivers and their tributaries and the
Sacramento-San Joaquin Delta to reproduce after
maturing in San Francisco Bay or the Pacific Ocean;
(b) the terms ``artificial propagation'' and
``artificial production'' mean spawning, incubating,
hatching, and rearing fish in a hatchery or other
facility constructed for fish production;
(c) the term ``Central Valley Habitat Joint Venture''
means the association of Federal and State agencies and
private parties established for the purpose of
developing and implementing the North American
Waterfowl Management Plan as it pertains to the Central
Valley of California;
(d) the terms ``Central Valley Project'' or
``project'' mean all Federal reclamation projects
located within or diverting water from or to the
watershed of the Sacramento 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 but not limited to the
Act of October 17, 1940 (54 Stat. 1198, 1199), Act of
December 22, 1944 (58 Stat. 887), Act of October 14,
1949 (63 Stat. 852), Act of September 26, 1950 (64
Stat. 1036), Act of August 27, 1954 (68 Stat. 879), Act
of August 12, 1955 (69 Stat. 719), Act of June 3, 1960
(74 Stat. 156), Act of October 23, 1962 (76 Stat.
1173), Act of September 2, 1965 (79 Stat. 615), Act of
August 19, 1967 (81 Stat. 167), Act of August 27, 1967
(81 Stat. 173), Act of October 23, 1970 (84 Stat.
1097), Act of September 28, 1976 (90 Stat. 1324) and
Act of October 27, 1986 (100 Stat. 3050);
(e) the term ``Central Valley Project service area''
means that area of the Central Valley and San Francisco
Bay Area where water service has been expressly
authorized pursuant to the various feasibility studies
and consequent congressional authorizations for the
Central Valley Project;
(f) the term ``Central Valley Project water'' means
all water that is developed, diverted, stored, or
delivered by the Secretary in accordance with the
statutes authorizing the Central Valley Project and in
accordance with the terms and conditions of water
rights acquired pursuant to California law;
(g) the term ``full cost'' has the meaning given such
term in paragraph (3) of section 202 of the Reclamation
Reform Act of 1982;
(h) the term ``natural production'' means fish
produced to adulthood without direct human intervention
in the spawning, rearing, or migration processes;
(i) the term ``Reclamation laws'' means the Act of
June 17, 1902 (82 Stat. 388) and all Acts amendatory
thereof or supplemental thereto;
(j) the term ``Refuge Water Supply Report'' means the
report issued by the Mid-Pacific Region of the Bureau
of Reclamation of the U.S. Department of the Interior
entitled Report on Refuge Water Supply Investigations,
Central Valley Hydrologic Basin, California (March
1989);
(k) the terms ``repayment contract'' and ``water
service contract'' have the same meaning as provided in
sections 9(d) and 9(e) of the Reclamation Project Act
of 1939 (53 Stat. 1187, 1195), as amended;
(l) the terms ``Restoration Fund'' and ``Fund'' mean
the Central Valley Project Restoration Fund established
by this title; and,
(m) the term ``Secretary'' means the Secretary of the
Interior.
* * * * * * *
SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION.
(a) Amendments to Central Valley Project Authorizations.--Act
of August 26, 1937.--Section 2 of the Act of August 26, 1937
(chapter 832; 50 Stat. 850), as amended, is amended--
(1) in the second proviso of subsection (a), by
inserting ``and mitigation, protection, and restoration
of fish and wildlife'' after ``Indian reservations,'';
(2) in the last proviso of subsection (a), by
striking ``domestic uses;'' and inserting ``domestic
uses and fish and wildlife mitigation, protection and
restoration purposes;'' and by striking ``power'' and
inserting ``power and fish and wildlife enhancement'';
(3) by adding at the end the following: ``The
mitigation for fish and wildlife losses incurred as a
result of construction, operation, or maintenance of
the Central Valley Project shall be based on the
replacement of ecologically equivalent habitat and
shall take place in accordance with the provisions of
this title and concurrent with any future actions which
adversely affect fish and wildlife populations or their
habitat but shall have no priority over them.''; and
(4) by adding at the end the following: ``(e) Nothing
in this title shall affect the State's authority to
condition water rights permits for the Central Valley
Project.''
(b) Fish and Wildlife Restoration Activities.--The Secretary,
immediately upon the enactment of this title, shall operate the
Central Valley Project to meet all obligations under State and
Federal law, including but not limited to the Federal
Endangered Species Act, 16 U.S.C. 1531, et seq., and all
decisions of the California State Water Resources Control Board
establishing conditions on applicable licenses and permits for
the project. The Secretary, in consultation with other State
and Federal agencies, Indian tribes, and affected interests, is
further authorized and directed to:
(1) develop within three years of enactment and
implement a program which makes all reasonable efforts
to ensure that, by the year 2002, natural production of
anadromous fish in Central Valley rivers and streams
will be sustainable, on a long-term basis, at levels
not less than twice the average levels attained during
the period of 1967-1991; Provided, That this goal shall
not apply to the San Joaquin River between Friant Dam
and the Mendota Pool, for which a separate program is
authorized under subsection 3406(c) of this title;
Provided further, That the programs and activities
authorized by this section shall, when fully
implemented, be deemed to meet the mitigation,
protection, restoration, and enhancement purposes
established by subsection 3406(a) of this title; And
provided further, That in the course of developing and
implementing this program the Secretary shall make all
reasonable efforts consistent with the requirements of
this section to address other identified adverse
environmental impacts of the Central Valley Project not
specifically enumerated in this section.
(A) This program shall give first priority to
measures which protect and restore natural
channel and riparian habitat values through
habitat restoration actions, modifications to
Central Valley Project operations, and
implementation of the supporting measures
mandated by this subsection; shall be reviewed
and updated every five years; and shall
describe how the Secretary intends to operate
the Central Valley Project to meet the fish,
wildlife, and habitat restoration goals and
requirements set forth in this title and other
project purposes.
(B) As needed to achieve the goals of this
program, the Secretary is authorized and
directed to modify Central Valley Project
operations to provide flows of suitable
quality, quantity, and timing to protect all
life stages of anadromous fish, except that
such flows shall be provided from the quantity
of water dedicated to fish, wildlife, and
habitat restoration purposes under paragraph
(2) of this subsection; from the water supplies
acquired pursuant to paragraph (3) of this
subsection; and from other sources which do not
conflict with fulfillment of the Secretary's
remaining contractual obligations to provide
Central Valley Project water for other
authorized purposes. Instream flow needs for
all Central Valley Project controlled streams
and rivers shall be determined by the Secretary
based on recommendations of the United States
Fish and Wildlife Service after consultation
with the California Department of Fish and
Game.
(C) The Secretary shall cooperate with the
State of California to ensure that, to the
greatest degree practicable, the specific
quantities of yield dedicated to and managed
for fish and wildlife purposes under this title
are credited against any additional obligations
of the Central Valley Project which may be
imposed by the State of California following
enactment of this title, including but not
limited to increased flow and reduced export
obligations which may be imposed by the
California State Water Resources Control Board
in implementing San Francisco Bay/Sacramento-
San Joaquin Delta Estuary standards pursuant to
the review ordered by the California Court of
Appeals in United States v. State Water
Resources Control Board, 182 Cal.App.3d 82
(1986), and that, to the greatest degree
practicable, the programs and plans required by
this title are developed and implemented in a
way that avoids inconsistent or duplicative
obligations from being imposed upon Central
Valley Project water and power contractors.
(D) Costs associated with this paragraph
shall be reimbursable pursuant to existing
statutory and regulatory procedures.
(2) upon enactment of this title dedicate and manage
annually eight hundred thousand acre-feet of Central
Valley Project yield for the primary purpose of
implementing the fish, wildlife, and habitat
restoration purposes and measures authorized by this
title; to assist the State of California in its efforts
to protect the waters of the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary; and to help to
meet such obligations as may be legally imposed upon
the Central Valley Project under State or Federal law
following the date of enactment of this title,
including but not limited to additional obligations
under the Federal Endangered Species Act. For the
purpose of this section, the term ``Central Valley
Project yield'' means the delivery capability of the
Central Valley Project during the 1928-1934 drought
period after fishery, water quality, and other flow and
operational requirements imposed by terms and
conditions existing in licenses, permits, and other
agreements pertaining to the Central Valley Project
under applicable State or Federal law existing at the
time of enactment of this title have been met.
(A) Such quantity of water shall be in
addition to the quantities needed to implement
paragraph 3406(d)(1) of this title and in
addition to all water allocated pursuant to
paragraph (23) of this subsection for release
to the Trinity River for the purposes of
fishery restoration, propagation, and
maintenance; and shall be supplemented by all
water that comes under the Secretary's control
pursuant to subsections 3406(b)(3), 3408(h)-
(i), and through other measures consistent with
subparagraph 3406(b)(1)(B) of this title.
(B) Such quantity of water shall be managed
pursuant to conditions specified by the United
States Fish and Wildlife Service after
consultation with the Bureau of Reclamation and
the California Department of Water Resources
and in cooperation with the California
Department of Fish and Game.
(C) The Secretary may temporarily reduce
deliveries of the quantity of water dedicated
under this paragraph up to 25 percent of such
total whenever reductions due to hydrologic
circumstances are imposed upon agricultural
deliveries of Central Valley Project water;
Provided, That such reductions shall not exceed
in percentage terms the reductions imposed on
agricultural service contractors; Provided
further, That nothing in this subsection or
subsection 3406(e) shall require the Secretary
to operate the project in a way that
jeopardizes human health or safety.
(D) If the quantity of water dedicated under
this paragraph, or any portion thereof, is not
needed for the purposes of this section, based
on a finding by the Secretary, the Secretary is
authorized to make such water available for
other project purposes.
(3) develop and implement a program in coordination
and in conformance with the plan required under
paragraph (1) of this subsection for the acquisition of
a water supply to supplement the quantity of water
dedicated to fish and wildlife purposes under paragraph
(2) of this subsection and to fulfill the Secretary's
obligations under paragraph 3406(d)(2) of this title.
The program should identify how the Secretary intends
to utilize, in particular the following options:
improvements in or modifications of the operations of
the project; water banking; conservation; transfers;
conjunctive use; and temporary and permanent land
fallowing, including purchase, lease, and option of
water, water rights, and associated agricultural land.
(4) develop and implement a program to mitigate for
fishery impacts associated with operations of the Tracy
Pumping Plant. Such program shall include, but is not
limited to improvement or replacement of the fish
screens and fish recovery facilities and practices
associated with the Tracy Pumping Plant. Costs
associated with this paragraph shall be reimbursed in
accordance with the following formula: 37.5 percent
shall be reimbursed as main project features, 37.5
percent shall be considered a nonreimbursable Federal
expenditure, and 25 percent shall be paid by the State
of California. The reimbursable share of funding for
this and other facility repairs, improvements, and
construction shall be allocated among project water and
power users in accordance with existing project cost
allocation procedures.
(5) develop and implement a program to mitigate for
fishery impacts resulting from operations of the Contra
Costa Canal Pumping Plant No. 1. Such program shall
provide for construction and operation of fish
screening and recovery facilities, and for modified
practices and operations. Costs associated with this
paragraph shall be reimbursed in accordance with the
following formula: 37.5 percent shall be reimbursed as
main project features, 37.5 percent shall be considered
a nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(6) install and operate a structural temperature
control device at Shasta Dam and develop and implement
modifications in CVP operations as needed to assist in
the Secretary's efforts to control water temperatures
in the upper Sacramento River in order to protect
anadromous fish in the upper Sacramento River. Costs
associated with planning and construction of the
structural temperature control device shall be
reimbursed in accordance with the following formula:
37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(7) meet flow standards and objectives and diversion
limits set forth in all laws and judicial decisions
that apply to Central Valley Project facilities,
including, but not limited to, provisions of this title
and all obligations of the United States under the
``Agreement Between the United States and the
Department of Water Resources of the State of
California for Coordinated Operation of the Central
Valley Project and the State Water Project'' dated May
20, 1985, as well as Public Law 99-546.
(8) make use of short pulses of increased water flows
to increase the survival of migrating anadromous fish
moving into and through the Sacramento-San Joaquin
Delta and Central Valley rivers and streams.
(9) develop and implement a program to eliminate, to
the extent possible, losses of anadromous fish due to
flow fluctuations caused by the operation of any
Central Valley Project storage or re-regulating
facility. The program shall be patterned where
appropriate after the agreement between the California
Department of Water Resources and the California
Department of Fish and Game with respect to the
operation of the California State Water Project
Oroville Dam complex.
(10) develop and implement measures to minimize fish
passage problems for adult and juvenile anadromous fish
at the Red Bluff Diversion Dam in a manner that
provides for the use of associated Central Valley
Project conveyance facilities for delivery of water to
the Sacramento Valley National Wildlife Refuge complex
in accordance with the requirements of subsection (d)
of this section. Costs associated with implementation
of this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be
reimbursed as main project features, 37.5 percent shall
be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of
California.
(11) rehabilitate and expand the Coleman National
Fish Hatchery by implementing the United States Fish
and Wildlife Service's Coleman National Fish Hatchery
Development Plan, and modify the Keswick Dam Fish Trap
to provide for its efficient operation at all project
flow release levels and modify the basin below the
Keswick Dam spillway to prevent the trapping of fish.
Costs associated with implementation of this paragraph
shall be reimbursed in accordance with the following
formula: 50 percent shall be reimbursed as main project
features and 50 percent shall be considered a
nonreimbursable Federal expenditure.
(12) develop and implement a comprehensive program to
provide flows to allow sufficient spawning, incubation,
rearing, and outmigration for salmon and steelhead from
Whiskeytown Dam as determined by instream flow studies
conducted by the California Department of Fish and Game
after Clear Creek has been restored and a new fish
ladder has been constructed at the McCormick-Saeltzer
Dam. Costs associated with channel restoration, passage
improvements, and fish ladder construction required by
this paragraph shall be allocated 50 percent to the
United States as a nonreimbursable expenditure and 50
percent to the State of California. Costs associated
with providing the flows required by this paragraph
shall be allocated among project purposes.
(13) develop and implement a continuing program for
the purpose of restoring and replenishing, as needed,
spawning gravel lost due to the construction and
operation of Central Valley Project dams, bank
protection projects, and other actions that have
reduced the availability of spawning gravel and rearing
habitat in the Upper Sacramento River from Keswick Dam
to Red Bluff Diversion Dam, and in the American and
Stanislaus Rivers downstream from the Nimbus and
Goodwin Dams, respectively. The program shall include
preventive measures, such as re-establishment of
meander belts and limitations on future bank protection
activities, in order to avoid further losses of
instream and riparian habitat. Costs associated with
implementation of this paragraph shall be reimbursed in
accordance with the following formula: 37.5 percent
shall be reimbursed as main project features, 37.5
percent shall be considered a nonreimbursable Federal
expenditure, and 25 percent shall be paid by the State
of California.
[(14) develop and implement a program which provides
for modified operations and new or improved control
structures at the Delta Cross Channel and Georgiana
Slough during times when significant numbers of striped
bass eggs, larvae, and juveniles approach the
Sacramento River intake to the Delta Cross Channel or
Georgiana Slough. Costs associated with implementation
of this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be
reimbursed as main project features, 37.5 percent shall
be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of
California.]
[(15)] (14) construct, in cooperation with the State
of California and in consultation with local interests,
a barrier at the head of Old River in the Sacramento-
San Joaquin Delta to be operated on a seasonal basis to
increase the survival of young outmigrating salmon that
are diverted from the San Joaquin River to Central
Valley Project and State Water Project pumping plants
and in a manner that does not significantly impair the
ability of local entities to divert water. The costs
associated with implementation of this paragraph shall
be reimbursed in accordance with the following formula:
37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
[(16)] (15) establish, in cooperation with
independent entities and the State of California, a
comprehensive assessment program to monitor fish and
wildlife resources in the Central Valley to assess the
biological results and effectiveness of actions
implemented pursuant to this subsection. 37.5 percent
of the costs associated with implementation of this
paragraph shall be reimbursed as main project features,
37.5 percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by
the State of California.
[(17)] (16) develop and implement a program to
resolve fishery passage problems at the Anderson-
Cottonwood Irrigation District Diversion Dam as well as
upstream stranding problems related to Anderson-
Cottonwood Irrigation District Diversion Dam
operations. Costs associated with implementation of
this paragraph shall be allocated 50 percent to the
United States as a nonreimbursable expenditure and 50
percent to the State of California.
[(18) if requested by the State of California, assist
in developing and implementing management measures to
restore the striped bass fishery of the Bay-Delta
estuary. Such measures shall be coordinated with
efforts to protect and restore native fisheries. Costs
associated with implementation of this paragraph shall
be allocated 50 percent to the United States and 50
percent to the State of California. The United States'
share of costs associated with implementation of this
paragraph shall be nonreimbursable.]
[(19)] (17) reevaluate existing operational criteria
in order to maintain minimum carryover storage at
Sacramento and Trinity River reservoirs to protect and
restore the anadromous fish of the Sacramento and
Trinity Rivers in accordance with the mandates and
requirements of this subsection and subject to the
Secretary's responsibility to fulfill all project
purposes, including agricultural water delivery.
[(20)] (18) participate with the State of California
and other Federal agencies in the implementation of the
on-going program to mitigate fully for the fishery
impacts associated with operations of the Glenn-Colusa
Irrigation District's Hamilton City Pumping Plant. Such
participation shall include replacement of the
defective fish screens and fish recovery facilities
associated with the Hamilton City Pumping Plant. This
authorization shall not be deemed to supersede or alter
existing authorizations for the participation of other
Federal agencies in the mitigation program. Seventy-
five percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by
the State of California.
[(21)] (19) assist the State of California in efforts
to develop and implement measures to avoid losses of
juvenile anadromous fish resulting from unscreened or
inadequately screened diversions on the Sacramento and
San Joaquin rivers, their tributaries, the Sacramento-
San Joaquin Delta, and the Suisun Marsh. Such measures
shall include but shall not be limited to construction
of screens on unscreened diversions, rehabilitation of
existing screens, replacement of existing non-
functioning screens, and relocation of diversions to
less fishery-sensitive areas. The Secretary's share of
costs associated with activities authorized under this
paragraph shall not exceed 50 percent of the total cost
of any such activity.
[(22)] (20) provide such incentives as the Secretary
determines to be appropriate or necessary, consistent
with the goals and objectives of this title, to
encourage farmers to participate in a program, which
the Secretary shall develop, under which such farmers
will keep fields flooded during appropriate time
periods for the purposes of waterfowl habitat creation
and maintenance and for Central Valley Project yield
enhancement; Provided, That such incentives shall not
exceed $2,000,000 annually, either directly or through
credits against other contractual payment obligations,
including the pricing waivers authorized under
subsection 3405(d) of this tile; Provided further, That
the holder of the water contract shall pass such
incentives through to farmers participating in the
program, less reasonable contractor costs, if any; And
provided further, That such water may be transferred
subject to section 3405(a) of this title only if the
farmer waives all rights to such incentives. This
provision shall terminate by the year 2002.
[(23)] (21) in order to meet Federal trust
responsibilities to protect the fishery resources of
the Hoopa Valley Tribe, and to meet the fishery
restoration goals of the Act of October 24, 1984,
Public Law 98-541, provide through the Trinity River
Division, for water years 1992 through 1996, an
instream release of water to the Trinity River of not
less than three hundred and forty thousand acre-feet
per year for the purposes of fishery restoration,
propagation, and maintenance and,
(A) by September 30, 1996, the Secretary,
after consultation with the Hoopa Valley Tribe,
shall complete the Trinity River Flow
Evaluation Study currently being conducted by
the United States Fish and Wildlife Service
under the mandate of the Secretarial Decision
of January 14, 1981, in a manner which insures
the development of recommendations, based on
the best available scientific data, regarding
permanent instream fishery flow requirements
and Trinity River Division operating criteria
and procedures for the restoration and
maintenance of the Trinity River fishery; and
(B) not later than December 31, 1996, the
Secretary shall forward the recommendations of
the Trinity River Flow Evaluation Study,
referred to in subparagraph (A) of this
paragraph, to the Committee on Energy and
Natural Resources and the Select Committee on
Indian Affairs of the Senate and the Committee
on Interior and Insular Affairs and the
Committee on Merchant Marine and Fisheries of
the House of Representatives. If the Secretary
and the Hoopa Valley Tribe concur in these
recommendations, any increase to the minimum
Trinity River instream fishery releases
established under this paragraph and the
operating criteria and procedures referred to
in subparagraph (A) shall be implemented
accordingly. If the Hoopa Valley Tribe and the
Secretary do not concur, the minimum Trinity
River instream fishery releases established
under this paragraph shall remain in effect
unless increased by an Act of Congress,
appropriate judicial decree, or agreement
between the Secretary and the Hoopa Valley
Tribe. Costs associated with implementation of
this paragraph shall be reimbursable as
operation and maintenance expenditures pursuant
to existing law.
If the Secretary and the State of California determine that
long-term natural fishery productivity in all Central Valley
Project controlled rivers and streams resulting from
implementation of this section exceeds that which existed in
the absence of Central Valley Project facilities, the costs of
implementing those measures which are determined to provide
such enhancement shall become credits to offset reimbursable
costs associated with implementation of this subsection.
(c) San Joaquin and Stanislaus Rivers.--The Secretary shall,
by not later than September 30, 1996:
(1) develop a comprehensive plan, which is
reasonable, prudent, and feasible, to address fish,
wildlife, and habitat concerns on the San Joaquin
River, including but not limited to the streamflow,
channel, riparian habitat, and water quality
improvements that would be needed to reestablish where
necessary and to sustain naturally reproducing
anadromous fisheries from Friant Dam to its confluence
with the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary. Such plan shall be developed in cooperation
with the California Department of Fish and Game and in
coordination with the San Joaquin River Management
Program under development by the State of California;
shall comply with and contain any documents required by
the National Environmental Policy Act and contain
findings setting forth the basis for the Secretary's
decision to adopt and implement the plan as well as
recommendations concerning the need for subsequent
Congressional action, if any; and shall incorporate,
among other relevant factors, the potential
contributions of tributary streams as well as the
alternatives to be investigated under paragraph (2) of
this subsection. During the time that the Secretary is
developing the plan provided for in this subsection,
and until such time as Congress has authorized the
Secretary to implement such plan, with or without
modifications, the Secretary shall not, as a measure to
implement this title, make releases for the restoration
of flows between Gravelly Ford and the Mendota Pool and
shall not thereafter make such releases as a measure to
implement this title without a specific Act of Congress
authorizing such releases. In lieu of such requirement,
and until such time as flows of sufficient quantity,
quality and timing are provided at and below Gravelly
Ford to meet the anadromous fishery needs identified
pursuant to such plan, if any, entities who receive
water from the Friant Division of the Central Valley
Project shall be assessed, in addition to all other
applicable charges, a $4 per acre-foot surcharge for
all Project water delivered on or before September 30,
1997; a $5 per acre-foot surcharge for all Project
water delivered after September 30, 1997 but on or
before September 30, 1999; and a $7 per acre-foot
surcharge for all Project water delivered thereafter,
to be covered into the Restoration Fund.
(2) in the course of preparing the Stanislaus River
Basin and Calaveras River Water Use Program
Environmental Impact Statement and in consultation with
the State of California, affected counties, and other
interests, evaluate and determine existing and
anticipated future basin needs in the Stanislaus River
Basin. In the course of such evaluation, the Secretary
shall investigate alternative storage, release, and
delivery regimes, including but not limited to
conjunctive use operations, conservation strategies,
exchange arrangements, and the use of base and channel
maintenance flows, in order to best satisfy both basin
and out-of-basin needs consistent, on a continuing
basis, with the limitations and priorities established
in the Act of October 23, 1962 (76 Stat. 173). For the
purposes of this subparagraph, ``basin needs'' shall
include water supply for agricultural, municipal and
industrial uses, and maintenance and enhancement of
water quality, and fish and wildlife resources within
the Stanislaus River Basin as established by the
Secretary's June 29, 1981 Record of Decision; and
``out-of-basin'' needs shall include all such needs
outside of the Stanislaus River Basin, including those
of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and those of the San Joaquin River under
paragraph (1) of this subsection.
(d) Central Valley Refuges and Wildlife Habitat Areas.--In
support of the objectives of the Central Valley Habitat Joint
Venture and in furtherance of the purposes of this title, the
Secretary shall provide, either directly or through contractual
agreements with other appropriate parties, firm water supplies
of suitable quality to maintain and improve wetland habitat
areas on units of the National Wildlife Refuge System in the
Central Valley of California; on the Gray Lodge, Los Banos,
Volta, North Grasslands, and Mendota state wildlife management
areas; and on the Grasslands Resources Conservation District in
the Central Valley of California.
(1) Upon enactment of this title, the quantity and
delivery schedules of water measured at the boundaries
of each wetland habitat area described in this
paragraph shall be in accordance with level 2 of the
``Dependable Water Supply Needs'' table for those
habitat areas as set forth in the Refuge Water Supply
Report and two-thirds of the water supply needed for
full habitat development for those habitat areas
identified in the San Joaquin Basin Action Plan/
Kesterson Mitigation Action Plan Report prepared by the
Bureau of Reclamation. Such water shall be provided
through long-term contractual agreements with
appropriate parties and shall be supplemented by the
increment of water provided for in paragraph (1) of
this subsection; Provided, That the Secretary shall be
obligated to provide such water whether or not such
long-term contractual agreements are in effect. In
implementing this paragraph, the Secretary shall
endeavor to diversify sources of supply in order to
minimize possible adverse effects upon Central Valley
Project contractors.
(2) Not later than ten years after enactment of this
title, the quantity and delivery schedules of water
measured at the boundaries of each wetland habitat area
described in this paragraph shall be in accordance with
level 4 of the ``Dependable Water Supply Needs'' table
for those habitat areas as set forth in the Refuge
Water Supply Report and the full water supply needed
for full habitat development for those habitat areas
identified in the San Joaquin Basin Action Plan/
Kesterson Mitigation Action Plan Report prepared by the
Bureau of Reclamation. The quantities of water required
to supplement the quantities provided under paragraph
(1) of this subsection shall be acquired by the
Secretary in cooperation with the State of California
and in consultation with the Central Valley Habitat
Joint Venture and other interests in cumulating
increments of not less than ten percent per annum
through voluntary measures which include water
conservation, conjunctive use, purchase, lease,
donations, or similar activities, or a combination of
such activities which do not require involuntary
reallocations of project yield.
(3) All costs associated with implementation of
paragraph (1) of this subsection shall be reimbursable
pursuant to existing law. Incremental costs associated
with implementation of paragraph (2) of this subsection
shall be fully allocated in accordance with the
following formula: 75 percent shall be deemed a
nonreimbursable Federal expenditure; and 25 percent
shall be allocated to the State of California for
recovery through direct reimbursements or through
equivalent in-kind contributions.
(4) The Secretary may temporarily reduce deliveries
of the quantity of water dedicated under paragraph (1)
of this subsection up to 25 percent of such total
whenever reductions due to hydrologic circumstances are
imposed upon agricultural deliveries of Central Valley
Project water; Provided, That such reductions shall not
exceed in percentage terms the reductions imposed on
agricultural service contractors. For the purpose of
shortage allocation, the priority or priorities
applicable to the increment of water provided under
paragraph (2) of this subsection shall be the priority
or priorities which applied to the water in question
prior to its transfer to the purpose of providing such
increment.
(5) The Secretary is authorized and directed to
construct or to acquire from non-Federal entities such
water conveyance facilities, conveyance capacity, and
wells as are necessary to implement the requirements of
this subsection; Provided, That such authorization
shall not extend to conveyance facilities in or around
the Sacramento-San Joaquin Delta Estuary. Associated
construction or acquisition costs shall be reimbursable
pursuant to existing law in accordance with the cost
allocations set forth in paragraph (3) of this
subsection.
(6) The Secretary, in consultation with the State of
California, the Central Valley Habitat Joint Venture,
and other interests, shall investigate and report on
the following supplemental actions by not later than
September 30, 1997:
(A) alternative means of improving the
reliability and quality of water supplies
currently available to privately owned wetlands
in the Central Valley and the need, if any, for
additional supplies; and
(B) water supply and delivery requirements
necessary to permit full habitat development
for water dependent wildlife on one hundred and
twenty thousand acres supplemental to the
existing wetland habitat acreage identified in
Table 8 of the Central Valley Habitat Joint
Venture's ``Implementation Plan'' dated April
19, 1990, as well as feasible means of meeting
associated water supply requirements.
(e) Supporting Investigations.--Not later than five years
after the date of enactment of this title, the Secretary shall
investigate and provide recommendations to the Committee on
Energy and Natural Resources of the Senate and the Committees
on Interior and Insular Affairs and Merchant Marine and
Fisheries of the House on the feasibility, cost, and
desirability of developing and implementing each of the
following, including, but not limited to, the impact on the
project, its users, and the State of California:
(1) measures to maintain suitable temperatures for
anadromous fish survival in the Sacramento and San
Joaquin rivers and their tributaries, and the
Sacramento-San Joaquin Delta by controlling or
relocating the discharge of irrigation return flows and
sewage effluent, and by restoring riparian forests;
(2) opportunities for additional hatchery production
to mitigate the impacts of water development and
operations on, or enhance efforts to increase Central
Valley fisheries; Provided, That additional hatchery
production shall only be used to supplement or to re-
establish natural production while avoiding adverse
effects on remaining wild stocks;
(3) measures to eliminate barriers to upstream and
downstream migration of salmonids in the Central
Valley, including but not limited to screening
programs, barrier removal programs and programs for the
construction or rehabilitation of fish ladders on
tributary streams;
(4) installation and operation of temperature control
devices at Trinity Dam and Reservoir to assist in the
Secretary's efforts to conserve cold water for fishery
protection purposes;
(5) measures to provide for modified operations and
new or improved control structures at the Delta Cross
Channel and Georgiana Slough to assist in the
successful migration of anadromous fish; and
(6) other measures which the Secretary determines
would protect, restore, and enhance natural production
of salmon and steelhead trout in tributary streams of
the Sacramento and San Joaquin Rivers, including but
not limited to the Merced, Mokulumne, and Calaveras
Rivers and Battle, Butte, Deer, Elder, Mill, and Thomes
Creeks.
(f) Report on Project Fishery Impacts.--The Secretary, in
consultation with the Secretary of Commerce, the State of
California, appropriate Indian tribes, and other appropriate
public and private entities, shall investigate and report on
all effects of the Central Valley Project on anadromous fish
populations and the fisheries, communities, tribes, businesses
and other interests and entities that have now or in the past
had significant economic, social or cultural association with
those fishery resources. The Secretary shall provide such
report to the Committee on Energy and Natural Resources of the
Senate and the Committees on Interior and Insular Affairs and
Merchant Marine and Fisheries of the House of Representatives
not later than two years after the date of enactment of this
title.
(g) Ecosystem and Water System Operations Models.--The
Secretary, in cooperation with the State of California and
other relevant interests and experts, shall develop readily
usable and broadly available models and supporting data to
evaluate the ecologic and hydrologic effects of existing and
alternative operations of public and private water facilities
and systems in the Sacramento, San Joaquin, and Trinity River
watersheds. The primary purpose of this effort shall be to
support the Secretary's efforts in fulfilling the requirements
of this title through improved scientific understanding
concerning, but not limited to, the following:
(1) a comprehensive water budget of surface and
groundwater supplies, considering all sources of inflow
and outflow available over extended periods;
(2) related water quality conditions and improvement
alternatives, including improved temperature prediction
capabilities as they relate to storage and flows;
(3) surface-ground and stream-wetland interactions;
(4) measures needed to restore anadromous fisheries
to optimum and sustainable levels in accordance with
the restored carrying capacities of Central Valley
rivers, streams, and riparian habitats;
(5) development and use of base flows and channel
maintenance flows to protect and restore natural
channel and riparian habitat values;
(6) implementation of operational regimes at State
and Federal facilities to increase springtime flow
releases, retain additional floodwaters, and assist in
restoring both upriver and downriver riparian habitats;
(7) measures designed to reach sustainable harvest
levels of resident and anadromous fish, including
development and use of systems of tradeable harvest
rights;
(8) opportunities to protect and restore wetland and
upland habitats throughout the Central Valley; and
(9) measures to enhance the firm yield of existing
Central Valley Project facilities, including improved
management and operations, conjunctive use
opportunities, development of offstream storage, levee
setbacks, and riparian restoration.
All studies and investigations shall take into account and be
fully consistent with the fish, wildlife, and habitat
protection and restoration measures required by this title or
by any other State or Federal law. Seventy-five percent of the
costs associated with implementation of this subsection shall
be borne by the United States as a nonreimbursable cost; the
remaining 25 percent shall be borne by the State of California.
(h) The Secretary shall enter into a binding cost-share
agreement with the State of California with respect to the
timely reimbursement of costs allocated to the State in this
title. Such agreement shall provide for consideration of the
value of direct reimbursements, specific contributions to the
Restoration Fund, and water, conveyance capacity, or other
contributions in-kind that would supplement existing programs
and that would, as determined by the Secretary, materially
contribute to attainment of the goals and objectives of this
title.
SEC. 3407. RESTORATION FUND.
(a) Restoration Fund Established.--There is hereby
established in the Treasury of the United States the ``Central
Valley Project Restoration Fund'' (hereafter ``Restoration
Fund'') which shall be available for deposit of donations from
any source and revenues provided under sections 3404(c)(3),
3405(f), 3406(c)(1), and 3407(d) of this title. Amounts
deposited shall be credited as offsetting collections. Not less
than 67 percent of all funds made available to the Restoration
Fund under this title are authorized to be appropriated to the
Secretary to carry out the habitat restoration, improvement and
acquisition (from willing sellers) provisions of this title.
Not more than 33 percent of all funds made available to the
Restoration Fund under this title are authorized to be
appropriated to the Secretary to carry out the provisions of
paragraphs 3406(b)(4)-(6), [(10)-(18), and (20)-(22)] (10)-
(16), and (18)-(20) of this title. Monies donated to the
Restoration Fund by non-Federal entities for specific purposes
shall be expended for those purposes only and shall not be
subject to appropriation.
(b) Authorization of Appropriations.--Such sums as are
necessary, up to $50,000,000 per year (October 1992 price
levels), are authorized to be appropriated to the Secretary to
be derived from the Restoration Fund to carry out programs,
projects, plans, and habitat restoration, improvement, and
acquisition provisions of this title. Any funds paid into the
Restoration Fund by Central Valley Project water and power
contractors and which are also used to pay for the projects and
facilities set forth in section 3406(b), shall act as an offset
against any water and power contractor cost share obligations
that are otherwise provided for in this title.
(c) Mitigation and Restoration Payments by Water and Power
Beneficiaries.--
(1) To the extent required in appropriation Acts, the
Secretary shall assess and collect additional annual
mitigation and restoration payments, in addition to the
charges provided for or collected under sections
3404(c)(3), 3405(a)(1)(C), 3405(f), and 3406(c)(1) of
this title, consisting of charges to direct
beneficiaries of the Central Valley Project under
subsection (d) of this section in order to recover a
portion or all of the costs of fish, wildlife, and
habitat restoration programs and projects under this
title.
(2) The payment described in this subsection shall be
established at amounts that will result in collection,
during each fiscal year, of an amount that can be
reasonably expected to equal the amount appropriated
each year, subject to subsection (d) of this section,
and in combination with all other receipts identified
under this title, to carry out the purposes identified
in subsection (b) of this section; Provided, That, if
the total amount appropriated under subsection (b) of
this section for the fiscal years following enactment
of this title does not equal $50,000,000 per year
(October 1992 price levels) on an average annual basis,
the Secretary shall impose such charges in fiscal year
1998 and in each fiscal year thereafter, subject to the
limitations in subsection (d) of this section, as may
be required to yield in fiscal year 1998 and in each
fiscal year thereafter total collections equal to
$50,000,000 per year (October 1992 price levels) on a
three-year rolling average basis for each fiscal year
that follows enactment of this title.
(d) Adjustment and Assessment of Mitigation and Restoration
Payments.--
(1) In assessing the annual payments to carry out
subsection (c) of this section, the Secretary shall,
prior to each fiscal year, estimate the amount that
could be collected in each fiscal year pursuant to
subparagraphs 2(A) and (B) of this subsection. The
Secretary shall decrease all such payments on a
proportionate basis from amounts contained in the
estimate so that an aggregate amount is collected
pursuant to the requirements of paragraph (c)(2) of
this section.
(2) The Secretary shall assess and collect the
following mitigation and restoration payments, to be
covered to the Restoration Fund, subject to the
requirements of paragraph (1) of this subsection:
(A) The Secretary shall require Central
Valley Project water and power contractors to
make such additional annual payments as are
necessary to yield, together with all other
receipts, the amount required under paragraph
(c)(2) of this subsection; Provided, That such
additional payments shall not exceed
$30,000,000 (October 1992 price levels) on a
three-year rolling average basis; Provided
further, That such additional annual payments
shall be allocated so as not to exceed $6 per
acre-foot (October 1992 price levels) for
agricultural water sold and delivered by the
Central Valley Project, and $12 per acre-foot
(October 1992 price levels) for municipal and
industrial water sold and delivered by the
Central Valley Project; Provided further, That
the charge imposed on agricultural water shall
be reduced, if necessary, to an amount within
the probable ability of the water users to pay
as determined and adjusted by the Secretary no
less than every five years, taking into account
the benefits resulting from implementation of
this title; Provided further, That the
Secretary shall impose an additional annual
charge of $25 per acre-foot (October 1992 price
levels) for Central Valley Project water sold
or transferred to any State or local agency or
other entity which has not previously been a
Central Valley Project customer and which
contracts with the Secretary or any other
individual or district receiving Central Valley
Project water to purchase or otherwise transfer
any such water for its own use for municipal
and industrial purposes, to be deposited in the
Restoration Fund; And Provided further, That
upon the completion of the fish, wildlife, and
habitat mitigation and restoration actions
mandated under section 3406 of this title, the
Secretary shall reduce the sums described in
paragraph (c)(2) of this section to $35,000,000
per year (October 1992 price levels) and shall
reduce the annual mitigation and restoration
payment ceiling established under this
subsection to $15,000,000 (October 1992 price
levels) on a three-year rolling average basis.
The amount of the mitigation and restoration
payment made by Central Valley Project water
and power users, taking into account all funds
collected under this title, shall, to the
greatest degree practicable, be assessed in the
same proportion, measured over a ten-year
rolling average, as water and power users'
respective allocations for repayment of the
Central Valley Project.
(e) Funding to Non-Federal Entities.--If the Secretary
determines that the State of California or an agency or
subdivision thereof, an Indian tribe, or a nonprofit entity
concerned with restoration, protection, or enhancement of fish,
wildlife, habitat, or environmental values is able to assist in
implementing any action authorized by this title in an
efficient, timely, and cost effective manner, the Secretary is
authorized to provide funding to such entity on such terms and
conditions as he deems necessary to assist in implementing the
identified action.
(f) Restoration Fund Financial Reports.--The Secretary shall,
not later than the first full fiscal year after enactment of
this title, and annually thereafter, submit a detailed report
to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the Senate, and the Committee on
Interior and Insular Affairs, the Committee on Merchant Marine
and Fisheries, and the Committee on Appropriations of the House
of Representatives. Such report shall describe all receipts to
and uses made of monies within the Restoration Fund and the
Restoration Account during the prior fiscal year and shall
include the Secretary's projection with respect to receipts to
and uses to be made of the finds during the next upcoming
fiscal year.
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