[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 856 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 856

 To provide flexibility for the operation of the Bureau of Reclamation 
C.W. ``Bill'' Jones Pumping Plant and the Harvey O. Banks Pumping Plant 
 of the State of California in times of drought emergency, to support 
 the establishment of a fish hatchery program to preserve and restore 
  the Delta Smelt in the Sacramento-San Joaquin Delta, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2009

 Mr. Radanovich (for himself, Mr. Nunes, Mr. Cardoza, Mr. Calvert, Mr. 
McCarthy of California, Mr. Rohrabacher, Mrs. McMorris Rodgers, and Mr. 
    Costa) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide flexibility for the operation of the Bureau of Reclamation 
C.W. ``Bill'' Jones Pumping Plant and the Harvey O. Banks Pumping Plant 
 of the State of California in times of drought emergency, to support 
 the establishment of a fish hatchery program to preserve and restore 
  the Delta Smelt in the Sacramento-San Joaquin Delta, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``California Drought Alleviation Act 
of 2009''.

SEC. 2. TEMPORARY EXEMPTION DURING DROUGHT EMERGENCIES.

    (a) Exemption for the Operation of Pumping Plants During Drought 
Emergencies.--Upon the declaration of a drought emergency by the 
Governor of California, the Secretary of the Interior shall make a 
written determination as to the existence of a drought emergency for 
the service areas of the Central Valley Project and the State Water 
Project. If the Secretary determines that a drought emergency exists 
for all or portions of the service areas of the Central Valley Project 
and the State Water Project, the Secretary shall temporarily exempt the 
operations of the Bureau of Reclamation C.W. ``Bill'' Jones Pumping 
Plant and the State of California Harvey O. Banks Pumping Plant from 
the prohibitions under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) against take of species listed as endangered species or 
threatened species or adverse modification of critical habitat, until 
such time as the Secretary determines that the drought emergency 
conditions are alleviated. For the purposes of section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536), the action of pumping 
water from these plants shall not be considered discretionary.
    (b) Time for Determination of Drought Emergency.--The Secretary 
shall make such a determination as to the existence of a drought 
emergency within the 30-day period beginning on the date of a 
gubernatorial drought emergency declaration referred to in subsection 
(a). If the Secretary fails to make such determination within such 
period with respect to any portion of a service area referred to in 
subsection (a), the Secretary is deemed to have made a written 
determination that a drought emergency exists for that portion.
    (c) Reasonable and Prudent Measures To Protect Species.--The 
Secretary may include in any determination under subsection (a) that a 
drought emergency exists, reasonable and prudent measures for the 
protection of an endangered species or its critical habitat. Such 
reasonable and prudent measures, or the failure of the Secretary to 
prescribe such reasonable and prudent measures, shall not impede the 
ability of the C.W. ``Bill'' Jones Pumping Plant and the Harvey O. 
Banks Pumping Plant to supply sufficient water for municipal, 
industrial, and irrigation uses. The cost of reasonable and prudent 
measures prescribed by the Secretary under this subsection shall be 
borne by the United States and shall be nonreimbursable.
    (d) No Effect on Other Projects.--In carrying out this Act, the 
Secretary of the Interior and the Secretary of Commerce shall not 
impose additional prescriptions under 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.) on any other water storage or conveyance facility on the San 
Joaquin River, the Sacramento River, or their tributaries.

SEC. 3. CONTINUED OPERATION OF C.W. ``BILL'' JONES PUMPING PLANT DURING 
              DROUGHT EMERGENCIES.

    If the Secretary of the Interior determines that a drought 
emergency exists for any portion of the Central Valley Project Service 
Area in California, the Secretary shall direct the Bureau of 
Reclamation to operate the C.W. ``Bill'' Jones Pumping Plant at a 
capacity consistent with the Coordinated Operation Agreement between 
the Bureau of Reclamation and the California Department of Water 
Resources, and consistent with otherwise applicable laws (other than 
prohibitions under the Endangered Species Act of 1973 from which the 
operation is exempt under subsection (a)) and existing water right, 
until such time as the Secretary determines that the drought emergency 
conditions are alleviated.

SEC. 4. DELTA SMELT HATCHERY PROGRAM.

    The Secretary of the Interior is authorized to enter, and shall 
seek to enter, into a cooperative agreement with the State of 
California to support the establishment of a fish hatchery program to 
preserve and restore the species Hypomesus transpacificus (popularly 
known as Delta Smelt) in the Sacramento-San Joaquin Delta. The hatchery 
program should be designed to establish a sustainable population of 
Hypomesus transpacificus sufficient to warrant the species' removal 
from the lists published under section 4 of the Endangered Species Act 
of 1973 (16 U.S.C. 1533) and the State of California Endangered Species 
Act. All Hypomesus transpacificus maintained, cultured, introduced, or 
reintroduced under the program established under this section are 
deemed to be members of any subspecies or population segment of 
Hypomesus transpacificus listed under section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. 1533) for purposes of determining 
whether such subspecies or population segment is a threatened species 
or endangered species under such section.
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