[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4074 Reported in House (RH)]






                                                 Union Calendar No. 395
110th CONGRESS
  2d Session
                                H. R. 4074

                          [Report No. 110-633]

 To authorize the implementation of the San Joaquin River Restoration 
                  Settlement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2007

     Mr. Costa (for himself, Mr. Radanovich, Mr. Cardoza, and Mrs. 
 Napolitano) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                              May 13, 2008

             Additional sponsors: Mr. Baca and Mr. McNerney

                              May 13, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To authorize the implementation of the San Joaquin River Restoration 
                  Settlement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

       TITLE I--THE SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

SECTION 101. SHORT TITLE.

    This Act may be cited as the ``San Joaquin River Restoration 
Settlement Act''.

SEC. 102. PURPOSE.

    The purpose of this Act is to authorize implementation of the 
Settlement.

SEC. 103. DEFINITIONS.

    In this Act--
            (1) the terms ``Friant Division long-term contractors'', 
        ``Interim Flows'', ``Restoration Flows'', ``Recovered Water 
        Account'', ``Restoration Goal'', and ``Water Management Goal'' 
        have the meanings given those terms in the Settlement;
            (2) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (3) the term ``Settlement'' means the Stipulation of 
        Settlement dated September 13, 2006, in the litigation titled 
        ``Natural Resources Defense Council, et al. v. Kirk Rodgers, et 
        al., United States District Court, Eastern District of 
        California, No. CIV. S-88-1658-LKK/GGH''.

SEC. 104. IMPLEMENTATION OF SETTLEMENT.

    (a) In General.--The Secretary of the Interior is hereby authorized 
and directed to implement the terms and conditions of the Settlement in 
cooperation with the State of California, including the following 
measures as these measures are prescribed in the Settlement:
            (1) Design and construct channel and structural 
        improvements as described in paragraph 11 of the Settlement, 
        provided, however, that the Secretary shall not make or fund 
        any such improvements to facilities or property of the State of 
        California without the approval of the State of California and 
        the State's agreement in 1 or more Memoranda of Understanding 
        to participate where appropriate.
            (2) Modify Friant Dam operations so as to provide 
        Restoration Flows and Interim Flows.
            (3) Acquire water, water rights, or options to acquire 
        water as described in paragraph 13 of the Settlement, provided, 
        however, such acquisitions shall only be made from willing 
        sellers and not through eminent domain.
            (4) Implement the terms and conditions of paragraph 16 of 
        the Settlement related to recirculation, recapture, reuse, 
        exchange, or transfer of water released for Restoration Flows 
        or Interim Flows, for the purpose of accomplishing the Water 
        Management Goal of the Settlement, subject to--
                    (A) applicable provisions of California water law;
                    (B) the Secretary's use of Central Valley Project 
                facilities to make Project water (other than water 
                released from Friant Dam pursuant to the Settlement) 
                and water acquired through transfers available to 
                existing south-of-Delta Central Valley Project 
                contractors; and
                    (C) the Secretary's performance of the Agreement of 
                November 24, 1986, between the United States of America 
                and the Department of Water Resources of the State of 
                California for the coordinated operation of the Central 
                Valley Project and the State Water Project as 
                authorized by Congress in section 2(d) of the Act of 
                August 26, 1937 (50 Stat. 850, 100 Stat. 3051), 
                including any agreement to resolve conflicts arising 
                from said Agreement.
            (5) Develop and implement the Recovered Water Account as 
        specified in paragraph 16(b) of the Settlement, including the 
        pricing and payment crediting provisions described in paragraph 
        16(b)(3) of the Settlement, provided that all other provisions 
        of Federal reclamation law shall remain applicable.
    (b) Agreements.--
            (1) Agreements with the state.--In order to facilitate or 
        expedite implementation of the Settlement, the Secretary is 
        authorized and directed to enter into appropriate agreements, 
        including cost sharing agreements, with the State of 
        California.
            (2) Other agreements.--The Secretary is authorized to enter 
        into contracts, memoranda of understanding, financial 
        assistance agreements, cost sharing agreements, and other 
        appropriate agreements with State, tribal, and local 
        governmental agencies, and with private parties, including 
        agreements related to construction, improvement, and operation 
        and maintenance of facilities, subject to any terms and 
        conditions that the Secretary deems necessary to achieve the 
        purposes of the Settlement.
    (c) Acceptance and Expenditure of Non-Federal Funds.--The Secretary 
is authorized to accept and expend non-Federal funds in order to 
facilitate implementation of the Settlement.
    (d) Mitigation of Impacts.--Prior to the implementation of 
decisions or agreements to construct, improve, operate, or maintain 
facilities that the Secretary determines are needed to implement the 
Settlement, the Secretary shall identify--
            (1) the impacts associated with such actions; and
            (2) the measures which shall be implemented to mitigate 
        impacts on adjacent and downstream water users and landowners.
    (e) Design and Engineering Studies.--The Secretary is authorized to 
conduct any design or engineering studies that are necessary to 
implement the Settlement.
    (f) Effect on Contract Water Allocations.--Except as otherwise 
provided in this section, the implementation of the Settlement and the 
reintroduction of California Central Valley Spring Run Chinook salmon 
pursuant to the Settlement and section 110, shall not result in the 
involuntary reduction in contract water allocations to Central Valley 
Project long-term contractors, other than Friant Division long-term 
contractors.
    (g) Effect on Existing Water Contracts.--Except as provided in the 
Settlement and this Act, nothing in this Act shall modify or amend the 
rights and obligations of the parties to any existing water service, 
repayment, purchase or exchange contract.

SEC. 105. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

    (a) Title to Facilities.--Unless acquired pursuant to subsection 
(b), title to any facility or facilities, stream channel, levees, or 
other real property modified or improved in the course of implementing 
the Settlement authorized by this Act, and title to any modifications 
or improvements of such facility or facilities, stream channel, levees, 
or other real property--
            (1) shall remain in the owner of the property; and
            (2) shall not be transferred to the United States on 
        account of such modifications or improvements.
    (b) Acquisition of Property.--
            (1) In general.--The Secretary is authorized to acquire 
        through purchase from willing sellers any property, interests 
        in property, or options to acquire real property needed to 
        implement the Settlement authorized by this Act.
            (2) Applicable law.--The Secretary is authorized, but not 
        required, to exercise all of the authorities provided in 
        section 102 of the Act of August 26, 1937 (50 Stat. 844, 
        chapter 832), to carry out the measures authorized in this 
        section and section 104.
    (c) Disposal of Property.--
            (1) In general.--Upon the Secretary's determination that 
        retention of title to property or interests in property 
        acquired pursuant to this Act is no longer needed to be held by 
        the United States for the furtherance of the Settlement, the 
        Secretary is authorized to dispose of such property or interest 
        in property on such terms and conditions as the Secretary deems 
        appropriate and in the best interest of the United States, 
        including possible transfer of such property to the State of 
        California.
            (2) Right of first refusal.--In the event the Secretary 
        determines that property acquired pursuant to this Act through 
        the exercise of its eminent domain authority is no longer 
        necessary for implementation of the Settlement, the Secretary 
        shall provide a right of first refusal to the property owner 
        from whom the property was initially acquired, or his or her 
        successor in interest, on the same terms and conditions as the 
        property is being offered to other parties.
            (3) Disposition of proceeds.--Proceeds from the disposal by 
        sale or transfer of any such property or interests in such 
        property shall be deposited in the fund established by section 
        109(c).

SEC. 106. COMPLIANCE WITH APPLICABLE LAW.

    (a) Applicable Law.--
            (1) In general.--In undertaking the measures authorized by 
        this Act, the Secretary and the Secretary of Commerce shall 
        comply with all applicable Federal and State laws, rules, and 
        regulations, including 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.), as necessary.
            (2) Environmental reviews.--The Secretary and the Secretary 
        of Commerce are authorized and directed to initiate and 
        expeditiously complete applicable environmental reviews and 
        consultations as may be necessary to effectuate the purposes of 
        the Settlement.
    (b) Effect on State Law.--Nothing in this Act shall preempt State 
law or modify any existing obligation of the United States under 
Federal reclamation law to operate the Central Valley Project in 
conformity with State law.
    (c) Use of Funds for Environmental Reviews.--
            (1) Definition of environmental review.--For purposes of 
        this subsection, the term ``environmental review'' includes any 
        consultation and planning necessary to comply with subsection 
        (a).
            (2) Participation in environmental review process.--In 
        undertaking the measures authorized by section 104, and for 
        which environmental review is required, the Secretary may 
        provide funds made available under this Act to affected Federal 
        agencies, State agencies, local agencies, and Indian tribes if 
        the Secretary determines that such funds are necessary to allow 
        the Federal agencies, State agencies, local agencies, or Indian 
        tribes to effectively participate in the environmental review 
        process.
            (3) Limitation.--Funds may be provided under paragraph (2) 
        only to support activities that directly contribute to the 
        implementation of the terms and conditions of the Settlement.
    (d) Nonreimbursable Funds.--The United States share of the costs of 
implementing this Act shall be nonreimbursable under Federal 
reclamation law, provided that nothing in this subsection shall limit 
or be construed to limit the use of the funds assessed and collected 
pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 
106 Stat. 4721, 4727), for implementation of the Settlement, nor shall 
it be construed to limit or modify existing or future Central Valley 
Project Ratesetting Policies.

SEC. 107. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.

    Congress hereby finds and declares that the Settlement satisfies 
and discharges all of the obligations of the Secretary contained in 
section 3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), provided, 
however, that--
            (1) the Secretary shall continue to assess and collect the 
        charges provided in section 3406(c)(1) of the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (Public Law 
        102-575; 106 Stat. 4721), as provided in the Settlement and 
        section 109(d); and
            (2) those assessments and collections shall continue to be 
        counted towards the requirements of the Secretary contained in 
        section 3407(c)(2) of the Reclamation Projects Authorization 
        and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 
        4726).

SEC. 108. NO PRIVATE RIGHT OF ACTION.

    (a) In General.--Nothing in this Act confers upon any person or 
entity not a party to the Settlement a private right of action or claim 
for relief to interpret or enforce the provisions of this Act or the 
Settlement.
    (b) Applicable Law.--This section shall not alter or curtail any 
right of action or claim for relief under any other applicable law.

SEC. 109. APPROPRIATIONS; SETTLEMENT FUND.

    (a) Implementation Costs.--
            (1) In general.--The costs of implementing the Settlement 
        shall be covered by payments or in kind contributions made by 
        Friant Division contractors and other non-Federal parties, 
        including the funds provided in paragraphs (1) through (5) of 
        subsection (c), estimated to total $440,000,000, of which the 
        non-Federal payments are estimated to total $200,000,000 (at 
        October 2006 price levels) and the amount from repaid Central 
        Valley Project capital obligations is estimated to total 
        $240,000,000, the additional Federal appropriation of 
        $250,000,000 authorized pursuant to subsection (b)(1), and such 
        additional funds authorized pursuant to subsection (b)(2); 
        provided however, that the costs of implementing the provisions 
        of section 104(a)(1) shall be shared by the State of California 
        pursuant to the terms of a Memorandum of Understanding executed 
        by the State of California and the Parties to the Settlement on 
        September 13, 2006, which includes at least $110,000,000 of 
        State funds.
            (2) Additional agreements.--
                    (A) In general.--The Secretary shall enter into 1 
                or more agreements to fund or implement improvements on 
                a project-by-project basis with the State of 
                California.
                    (B) Requirements.--Any agreements entered into 
                under subparagraph (A) shall provide for recognition of 
                either monetary or in-kind contributions toward the 
                State of California's share of the cost of implementing 
                the provisions of section 104(a)(1).
            (3) Limitation.--Except as provided in the Settlement, to 
        the extent that costs incurred solely to implement this 
        Settlement 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.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to the funds provided in 
        paragraphs (1) through (5) of subsection (c), there are also 
        authorized to be appropriated not to exceed $250,000,000 (at 
        October 2006 price levels) to implement this Act and the 
        Settlement, to be available until expended; provided however, 
        that the Secretary is authorized to spend such additional 
        appropriations only in amounts equal to the amount of funds 
        deposited in the Fund (not including payments under subsection 
        (c)(2), proceeds under subsection (c)(3) other than an amount 
        equal to what would otherwise have been deposited under 
        subsection (c)(1) in the absence of issuance of the bond, and 
        proceeds under subsection (c)(4)), the amount of in-kind 
        contributions, and other non-Federal payments actually 
        committed to the implementation of this Act or the Settlement.
            (2) Other funds.--The Secretary is authorized to use monies 
        from the Fund created under section 3407 of the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (Public Law 
        102-575; 106 Stat. 4727) for purposes of this Act.
    (c) Fund.--There is hereby established within the Treasury of the 
United States a fund, to be known as the ``San Joaquin River 
Restoration Fund'', into which the following shall be deposited and 
used solely for the purpose of implementing the Settlement, to be 
available for expenditure without further appropriation:
            (1) At the beginning of the fiscal year following enactment 
        of this Act, all payments received pursuant to section 
        3406(c)(1) of the Reclamation Projects Authorization and 
        Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721).
            (2) The construction cost component (not otherwise needed 
        to cover operation and maintenance costs) of payments made by 
        Friant Division, Hidden Unit, and Buchanan Unit contractors 
        pursuant to long-term water service contracts or pursuant to 
        repayment contracts, including repayment contracts executed 
        pursuant to section 110 of this Act. The construction cost 
        repayment obligation assigned such contractors under such 
        contracts shall be reduced by the amount paid pursuant to this 
        paragraph and the appropriate share of the existing Federal 
        investment in the Central Valley project to be recovered by the 
        Secretary pursuant to Public Law 99-546 (100 Stat. 3050) shall 
        be reduced by an equivalent sum.
            (3) Proceeds from the sale of water pursuant to the 
        Settlement, or from the sale of property or interests in 
        property as provided in section 105, to be available without 
        further appropriation.
            (4) Any non-Federal funds, including State cost-sharing 
        funds, contributed to the United States for implementation of 
        the Settlement, which the Secretary may expend without further 
        appropriation for the purposes for which contributed.
    (d) Limitation on Contributions.--Payments made by long-term 
contractors who receive water from the Friant Division and Hidden and 
Buchanan Units of the Central Valley Project pursuant to sections 
3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721, 4727) and 
payments made pursuant to paragraph 16(b)(3) of the Settlement and 
subsection (c)(2) shall be the limitation of such entities' direct 
financial contribution to the Settlement, subject to the terms and 
conditions of paragraph 21 of the Settlement.
    (e) No Additional Expenditures Required.--Nothing in this Act shall 
be construed to require a Federal official to expend Federal funds not 
appropriated by Congress, or to seek the appropriation of additional 
funds by Congress, for the implementation of the Settlement.
    (f) Reach 4B.--
            (1) Study.--
                    (A) In general.--In accordance with the Settlement 
                and the Memorandum of Understanding executed pursuant 
                to paragraph 6 of the Settlement, the Secretary shall 
                conduct a study that specifies--
                            (i) the costs of undertaking any work 
                        required under paragraph 11(a)(3) of the 
                        Settlement to increase the capacity of Reach 4B 
                        prior to reinitiation of Restoration Flows;
                            (ii) the impacts associated with 
                        reinitiation of such flows; and
                            (iii) measures that shall be implemented to 
                        mitigate impacts.
                    (B) Deadline.--The study under subparagraph (A) 
                shall be completed prior to restoration of any flows 
                other than Interim Flows.
            (2) Report.--
                    (A) In general.--The Secretary shall file a report 
                with Congress not later than 90 days after issuing a 
                determination, as required by the Settlement, on 
                whether to expand channel conveyance capacity to 4500 
                cubic feet per second in Reach 4B of the San Joaquin 
                River, or use an alternative route for pulse flows, 
                that--
                            (i) explains whether the Secretary has 
                        decided to expand Reach 4B capacity to 4500 
                        cubic feet per second; and
                            (ii) addresses the following matters:
                                    (I) The basis for the Secretary's 
                                determination, whether set out in 
                                environmental review documents or 
                                otherwise, as to whether the expansion 
                                of Reach 4B would be the preferable 
                                means to achieve the Restoration Goal 
                                as provided in the Settlement, 
                                including how different factors were 
                                assessed such as comparative biological 
                                and habitat benefits, comparative 
                                costs, relative availability of State 
                                cost-sharing funds, and the comparative 
                                benefits and impacts on water 
                                temperature, water supply, private 
                                property, and local and downstream 
                                flood control.
                                    (II) The Secretary's final cost 
                                estimate for expanding Reach 4B 
                                capacity to 4500 cubic feet per second, 
                                or any alternative route selected, as 
                                well as the alternative cost estimates 
                                provided by the State, by the 
                                Restoration Administrator, and by the 
                                other parties to the Settlement.
                                    (III) The Secretary's plan for 
                                funding the costs of expanding Reach 4B 
                                or any alternative route selected, 
                                whether by existing Federal funds 
                                provided under this Act, by non-Federal 
                                funds, by future Federal 
                                appropriations, or some combination of 
                                such sources.
                    (B) Determination required.--The Secretary shall, 
                to the extent feasible, make the determination in 
                subparagraph (A) prior to undertaking any substantial 
                construction work to increase capacity in Reach 4B.
            (3) Costs.--If the Secretary's estimated Federal cost for 
        expanding Reach 4B in paragraph (2), in light of the 
        Secretary's funding plan set out in paragraph (2), would exceed 
        the remaining Federal funding authorized by this Act (including 
        all funds reallocated, all funds dedicated, and all new funds 
        authorized by this Act and separate from all commitments of 
        State and other non-Federal funds and in-kind commitments), 
        then before the Secretary commences actual construction work in 
        Reach 4B (other than planning, design, feasibility, or other 
        preliminary measures) to expand capacity to 4500 cubic feet per 
        second to implement this Settlement, Congress must have 
        increased the applicable authorization ceiling provided by this 
        Act in an amount at least sufficient to cover the higher 
        estimated Federal costs.

SEC. 110. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF 
              CONSTRUCTION COSTS.

    (a) Conversion of Contracts.--The Secretary is authorized and 
directed to convert, prior to December 31, 2010, all existing Friant 
Division, Hidden Unit, and Buchanan Unit long-term contracts entered 
under subsection (e) of section 109 of the Act of August 4, 1939 (53 
Stat. 1196) to a contract under subsection (d) of section 9 of said Act 
(53 Stat. 1195), under mutually agreeable terms and conditions. Upon 
request of the contractor, the Secretary is further authorized to 
convert, prior to December 31, 2010, any existing Friant Division long-
term contract entered under subsection (c)(2) of section 9 of the Act 
of August 4, 1939 (53 Stat. 1194), to a contract under subsection 
(c)(1) of section 9 of said Act, under mutually agreeable terms and 
conditions. All such contracts shall--
            (1) require the repayment, either in lump sum or by 
        accelerated pre-payment, of the remaining amount of 
        construction cost identified in the Central Valley Project 
        Schedule of Irrigation Capital Rates by Contractor 2007 
        Irrigation Water Rates, dated January 25, 2007, as adjusted to 
        reflect payments not reflected in such schedule, and properly 
        assignable for ultimate return by the contractor, no later than 
        January 31, 2011, or if made in approximately equal annual 
        installments, not later than January 31, 2014;
            (2) require that, notwithstanding subsection (c)(2), 
        construction costs, including construction costs or other 
        capitalized costs incurred after the effective date of the 
        contract, properly assignable to such contractor but not 
        reflected in the Schedule referenced in paragraph (1) shall be 
        repaid in not more than 5 years after notification of the 
        allocation, unless the Secretary and the contractor agree upon 
        a longer repayment period consistent with applicable law;
            (3) provide that power revenues will not be available to 
        aid in repayment of construction costs allocated to irrigation 
        under the contract; and
            (4) conform to the Settlement and this Act and shall 
        continue so long as the contractor pays applicable charges, 
        consistent with subsection (c)(2).
    (b) Final Adjustment.--The amounts paid pursuant to subsection (a) 
shall be subject to adjustment following a final cost allocation by the 
Secretary upon completion of the construction of the Central Valley 
Project. In the event that the final cost allocation indicates that the 
costs properly assignable to the contractor are greater than what has 
been paid by the contractor, the contractor shall be obligated to pay 
the remaining allocated costs. The term of such additional repayment 
contract shall be no less than one year and no more than 10 years, 
however, mutually agreeable provisions regarding the rate of repayment 
of such amount may be developed by the parties. In the event that the 
final cost allocation indicates that the costs properly assignable to 
the contractor are less than what the contractor has paid, the 
Secretary is authorized and directed to credit such overpayment as an 
offset against any outstanding or future obligation of the contractor.
    (c) Applicability of Certain Provisions.--Notwithstanding any 
repayment obligation under subsection (a)(2) or (b), upon a 
contractor's compliance with and discharge of the obligation of 
repayment of the construction costs as provided in subsection (a)(1)--
            (1) the provisions of section 213(a) and (b) of the 
        Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to 
        lands in such district; and
            (2) the Secretary shall waive the pricing provisions of 
        section 3405(d) of the Reclamation Projects Authorization and 
        Adjustment Act of 1992 (Public Law 102-575) for such 
        contractor, provided that such contractor shall continue to pay 
        applicable operation and maintenance costs and other charges 
        applicable to such repayment contracts pursuant to the then-
        current ratesetting policy and applicable law.
    (d) Reduction of Charge.--Beginning in 2019, the Secretary shall 
reduce the charge mandated in section 107(1) of the Act in recognition 
of the financing costs incurred in making 110(a)(1) payments.
    (e) Satisfaction of Certain Provisions.--
            (1) In general.--Upon the first release of Interim Flows or 
        Restoration Flows, pursuant to paragraphs 13 or 15 of the 
        Settlement, any short- or long-term agreement to which one or 
        more long-term Friant water service or repayment contractors is 
        a party providing for the transfer or exchange of water not 
        released as Interim Flows or Restoration Flows shall be deemed 
        to satisfy the provisions of subsection 3405(a)(1)(A) and (I) 
        of the Reclamation Projects Authorization and Adjustment Act of 
        1992 (Public Law 102-575) without the further concurrence of 
        the Secretary as to compliance with said subsections if the 
        contractor provides, not later than 90 days before commencement 
        of such transfer or exchange, written notice to the Secretary 
        stating how the proposed transfer or exchange is intended to 
        reduce, avoid, or mitigate impacts to water deliveries caused 
        by the Interim Flows or Restoration Flows or is intended to 
        otherwise facilitate the Water Management Goal, as described in 
        the Settlement. The Secretary shall promptly make such notice 
        publicly available.
            (2) Determination of reductions to water deliveries.--Water 
        transferred or exchanged under an agreement that meets the 
        terms of this subsection shall not be counted as a replacement 
        or an offset for purposes of determining reductions to water 
        deliveries to any Friant Division long-term contractor except 
        as provided in paragraph 16(b) of the Settlement. The Secretary 
        shall, at least annually, make publicly available a compilation 
        of the number of transfer or exchange agreements exercising the 
        provisions of this subsection to reduce, avoid, or mitigate 
        impacts to water deliveries caused by the Interim Flows or 
        Restoration Flows or to facilitate the Water Management Goal, 
        as well as the volume of water transferred or exchanged under 
        such agreements.
            (3) State law.--Nothing in this subsection alters State law 
        or permit conditions, including any applicable geographical 
        restrictions on the place of use of water transferred or 
        exchanged pursuant to this subsection.
    (f) Certain Repayment Obligations Not Altered.--Implementation of 
the provisions of this section shall not alter the repayment obligation 
of any other long-term water contractor receiving water from the 
Central Valley Project.
    (g) Statutory Interpretation.--Nothing in this Act shall be 
construed to affect the right of any Friant Division long-term 
contractor to use a particular type of financing to make the payments 
required in subsection (a)(1).

SEC. 111. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.

    (a) Finding.--Congress finds that the implementation of the 
Settlement to resolve 18 years of contentious litigation regarding 
restoration of the San Joaquin River and the reintroduction of the 
California Central Valley Spring Run Chinook salmon is a unique and 
unprecedented circumstance that requires clear expressions of 
Congressional intent regarding how the provisions of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve 
the goals of restoration of the San Joaquin River and the successful 
reintroduction of California Central Valley Spring Run Chinook salmon.
    (b) Reintroduction in the San Joaquin River.--California Central 
Valley Spring Run Chinook salmon shall be reintroduced in the San 
Joaquin River below Friant Dam pursuant to section 10(j) of the 
Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the Settlement, 
provided that the Secretary of Commerce finds that a permit for the 
reintroduction of California Central Valley Spring Run Chinook salmon 
may be issued pursuant to section 10(a)(1)(A) of the Endangered Species 
Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
    (c) Final Rule.--
            (1) Definition of third party.--For the purpose of this 
        subsection, the term ``third party'' means persons or entities 
        diverting or receiving water pursuant to applicable State and 
        Federal law and shall include Central Valley Project 
        contractors outside of the Friant Division of the Central 
        Valley Project and the State Water Project.
            (2) Issuance.--The Secretary of Commerce shall issue a 
        final rule pursuant to section 4(d) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 
        of reintroduced California Central Valley Spring Run Chinook 
        salmon prior to the reintroduction.
            (3) Required components.--The rule issued under paragraph 
        (2) shall provide that the reintroduction will not impose more 
        than de minimus: water supply reductions, additional storage 
        releases, or bypass flows on unwilling third parties due to 
        such reintroduction.
            (4) Applicable law.--Nothing in this section--
                    (A) diminishes the statutory or regulatory 
                protections provided in the Endangered Species Act for 
                any species listed pursuant to section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533) other 
                than the reintroduced population of California Central 
                Valley Spring Run Chinook salmon, including protections 
                pursuant to existing biological opinions or new 
                biological opinions issued by the Secretary or 
                Secretary of Commerce; or
                    (B) precludes the Secretary or Secretary of 
                Commerce from imposing protections under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) for other 
                species listed pursuant to section 4 of that Act (16 
                U.S.C. 1533) because those protections provide 
                incidental benefits to such reintroduced California 
                Central Valley Spring Run Chinook salmon.
    (d) Report.--
            (1) In general.--Not later than December 31, 2024, the 
        Secretary of Commerce shall report to Congress on the progress 
        made on the reintroduction set forth in this section and the 
        Secretary's plans for future implementation of this section.
            (2) Inclusions.--The report under paragraph (1) shall 
        include--
                    (A) an assessment of the major challenges, if any, 
                to successful reintroduction;
                    (B) an evaluation of the effect, if any, of the 
                reintroduction on the existing population of California 
                Central Valley Spring Run Chinook salmon existing on 
                the Sacramento River or its tributaries; and
                    (C) an assessment regarding the future of the 
                reintroduction.
    (e) FERC Projects.--
            (1) In general.--With regard to California Central Valley 
        Spring Run Chinook salmon reintroduced pursuant to the 
        Settlement, the Secretary of Commerce shall exercise its 
        authority under section 18 of the Federal Power Act (16 U.S.C. 
        811) by reserving its right to file prescriptions in 
        proceedings for projects licensed by the Federal Energy 
        Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, 
        Merced, and San Joaquin rivers and otherwise consistent with 
        subsection (c) until after the expiration of the term of the 
        Settlement, December 31, 2025, or the expiration of the 
        designation made pursuant to subsection (b), whichever ends 
        first.
            (2) Effect of subsection.--Nothing in this subsection shall 
        preclude the Secretary of Commerce from imposing prescriptions 
        pursuant to section 18 of the Federal Power Act (16 U.S.C. 811) 
        solely for other anadromous fish species because those 
        prescriptions provide incidental benefits to such reintroduced 
        California Central Valley Spring Run Chinook salmon.
    (f) Effect of Section.--Nothing in this section is intended or 
shall be construed--
            (1) to modify the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
        seq.); or
            (2) to establish a precedent with respect to any other 
        application of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
        seq.).

SEC. 112. OFFSETTING RECEIPTS.

    (a) Conservation of Resources Fee for Nonproducing Federal Oil and 
Gas Leases in the Gulf of Mexico.--Not later than 60 days after the 
date of enactment of this Act, the Secretary of the Interior by 
regulation shall establish a conservation of resources fee for 
nonproducing Federal oil and gas leases in the Gulf of Mexico.
    (b) Nonproducing Lease Fee Terms.--The fee under subsection (a)--
            (1) subject to paragraph (3), shall apply to leases that 
        are nonproducing leases;
            (2) shall be set at $3.75 per acre per year in 2005 
        dollars; and
            (3) shall apply on and after October 1, 2006.
    (c) Treatment of Receipts.--Amounts received by the United States 
as fees under this section shall be treated as offsetting receipts.

             TITLE II--STUDY TO DEVELOP WATER PLAN; REPORT

SEC. 201. STUDY TO DEVELOP WATER PLAN; REPORT.

    (a) Plan.--
            (1) Grant.--To the extent that funds are made available in 
        advance for this purpose, the Secretary of the Interior, acting 
        through the Bureau of Reclamation, shall provide direct 
        financial assistance to the California Water Institute, located 
        at California State University, Fresno, California, to conduct 
        a study regarding the coordination and integration of sub-
        regional integrated regional water management plans into a 
        unified Integrated Regional Water Management Plan for the 
        subject counties in the hydrologic basins that would address 
        issues related to--
                    (A) water quality;
                    (B) water supply (both surface, groundwater 
                banking, and brackish water desalination);
                    (C) water conveyance;
                    (D) water reliability;
                    (E) flood control;
                    (F) water resource-related environmental 
                enhancement; and
                    (G) population growth.
            (2) Study area.--The study area referred to in paragraph 
        (1) is the proposed study area of the San Joaquin River 
        Hydrologic Region and Tulare Lake Hydrologic Region, as defined 
        by California Department of Water Resources Bulletin 160-05, 
        Volume 3, Chapters 7 and 8, including Kern, Tulare, Kings, 
        Fresno, Madera, Merced, Stanislaus, and San Joaquin counties in 
        California.
    (b) Use of Plan.--The Integrated Regional Water Management Plan 
developed for the 2 hydrologic basins under subsection (a) shall serve 
as a guide for the 8 counties in the study area described in subsection 
(a)(2) to use as a mechanism to address and solve long-term water needs 
in a sustainable and equitable manner.
    (c) Report.--The Secretary shall ensure that a report containing 
the results of the Integrated Regional Water Management Plan for the 
hydrologic regions is submitted to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate not later than 24 months after financial 
assistance is made available to the California Water Institute under 
subsection (a)(1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 to remain available 
until expended.
                                                 Union Calendar No. 395

110th CONGRESS

  2d Session

                               H. R. 4074

                          [Report No. 110-633]

_______________________________________________________________________

                                 A BILL

 To authorize the implementation of the San Joaquin River Restoration 
                  Settlement, and for other purposes.

_______________________________________________________________________

                              May 13, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed