[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2365 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2365

 To promote the economic and energy security of the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2012

  Mr. Hatch (for himself, Mr. Barrasso, Mr. Moran, Mr. Crapo, and Mr. 
Risch) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To promote the economic and energy security of the United States, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Western Economic 
Security Today Act'' or the ``WEST Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--PUTTING THE GULF OF MEXICO BACK TO WORK

Sec. 101. Short title.
Sec. 102. Definitions.
                Subtitle A--Outer Continental Shelf Land

Sec. 111. Drilling permits.
    Subtitle B--Judicial Review of Agency Actions Relating to Outer 
             Continental Shelf Activities in Gulf of Mexico

Sec. 122. Exclusive venue for certain civil actions relating to covered 
                            energy projects in Gulf of Mexico.
Sec. 123. Time limitation on filing.
Sec. 124. Expedition in hearing and determining action.
Sec. 125. Standard of review.
Sec. 126. Limitation on prospective relief.
Sec. 127. Limitation on attorneys' fees.
           TITLE II--RESTARTING AMERICAN OFFSHORE LEASING NOW

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Requirement to conduct proposed oil and gas Lease Sale 216 in 
                            Central Gulf of Mexico.
Sec. 204. Requirement to conduct proposed oil and gas Lease Sale 220 on 
                            Outer Continental Shelf offshore Virginia.
Sec. 205. Requirement to conduct proposed oil and gas Lease Sale 222 in 
                            Central Gulf of Mexico.
       TITLE III--REVERSING PRESIDENT OBAMA'S OFFSHORE MORATORIUM

Sec. 301. Short title.
Sec. 302. Outer Continental Shelf leasing program.
Sec. 303. Domestic oil and natural gas production goal.
                  TITLE IV--JOBS AND ENERGY PERMITTING

Sec. 401. Short title.
Sec. 402. Air quality measurement.
Sec. 403. OCS source.
Sec. 404. Permits.
        TITLE V--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY

Sec. 501. Short title.
          Subtitle A--Central Valley Project Water Reliability

Sec. 511. Amendment to purposes.
Sec. 512. Amendment to definition.
Sec. 513. Contracts.
Sec. 514. Water transfers, improved water management, and conservation.
Sec. 515. Fish, wildlife, and habitat restoration.
Sec. 516. Restoration Fund.
Sec. 517. Additional authorities.
Sec. 518. Bay-Delta Accord.
Sec. 519. Natural and artificially spawned species.
Sec. 520. Authorized service area.
Sec. 521. Regulatory streamlining.
               Subtitle B--San Joaquin River Restoration

Sec. 531. Repeal of the San Joaquin River settlement.
Sec. 532. Purpose.
Sec. 533. Definitions.
Sec. 534. Implementation of restoration.
Sec. 535. Disposal of property; title to facilities.
Sec. 536. Compliance with applicable law.
Sec. 537. Compliance with Central Valley Project Improvement Act.
Sec. 538. No private right of action.
Sec. 539. Implementation.
Sec. 540. Repayment contracts and acceleration of repayment of 
                            construction costs.
Sec. 541. Repeal.
Sec. 542. Water supply mitigation.
Sec. 543. Additional authorities.
   Subtitle C--Repayment Contracts and Acceleration of Repayment of 
                           Construction Costs

Sec. 551. Repayment contracts and acceleration of repayment of 
                            construction costs.
     Subtitle D--Bay-Delta Watershed Water Rights Preservation and 
                               Protection

Sec. 561. Water rights and area-of-origin protections.
Sec. 562. Sacramento River settlement contracts.
Sec. 563. Sacramento River Watershed water service contractors.
Sec. 564. No redirected adverse impacts.
                       Subtitle E--Miscellaneous

Sec. 571. Precedent.
                 TITLE VI--REDUCING REGULATORY BURDENS

Sec. 601. Short title.
Sec. 602. Use of authorized pesticides.
Sec. 603. Discharges of pesticides.
               TITLE VII--FARM DUST REGULATION PREVENTION

Sec. 701. Short title.
Sec. 702. Temporary prohibition against revising any national ambient 
                            air quality standard applicable to coarse 
                            particulate matter.
Sec. 703. Nuisance dust.
Sec. 704. Sense of Congress.
Sec. 705. Impacts of EPA regulatory activity on employment and economic 
                            activity in agriculture community.
                   TITLE VIII--ENERGY TAX PREVENTION

Sec. 801. Short title.
Sec. 802. No regulation of emissions of greenhouse gases.
Sec. 803. Preserving one national standard for automobiles.

            TITLE I--PUTTING THE GULF OF MEXICO BACK TO WORK

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Putting the Gulf of Mexico Back to 
Work Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Covered civil action.--The term ``covered civil 
        action'' means a civil action containing a claim under section 
        702 of title 5, United States Code, regarding agency action (as 
        defined for the purposes of that section) affecting a covered 
        energy project in the Gulf of Mexico.
            (2) Covered energy project.--
                    (A) In general.--The term ``covered energy 
                project'' means the leasing of Federal land of the 
                outer Continental Shelf for the exploration, 
                development, production, processing, or transmission of 
                oil, natural gas, wind, or any other source of energy 
                in the Gulf of Mexico, and any action under a lease.
                    (B) Exclusion.--The term ``covered energy project'' 
                does not include any dispute between the parties to a 
                lease regarding the obligations under the lease, 
                including any alleged breach of the lease.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                Subtitle A--Outer Continental Shelf Land

SEC. 111. DRILLING PERMITS.

    Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1340) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Drilling Permits.--
            ``(1) In general.--The Secretary shall by regulation 
        require that any lessee operating under an approved exploration 
        plan--
                    ``(A) obtain a permit before drilling any well in 
                accordance with the plan; and
                    ``(B) obtain a new permit before drilling any well 
                of a design that is significantly different than the 
                design for which the existing permit was issued.
            ``(2) Safety review required.--The Secretary shall not 
        issue a permit under paragraph (1) without ensuring that the 
        proposed drilling operations meet all--
                    ``(A) critical safety system requirements, 
                including blowout prevention; and
                    ``(B) oil spill response and containment 
                requirements.
            ``(3) Timeline.--
                    ``(A) In general.--The Secretary shall determine 
                whether to issue a permit under paragraph (1) not later 
                than 30 days after the date on which the Secretary 
                receives the application for a permit.
                    ``(B) Extension of time.--
                            ``(i) In general.--The Secretary may extend 
                        the period in which to consider an application 
                        for a permit for up to 2 periods of 15 days 
                        each if the Secretary has given written notice 
                        of the delay to the applicant.
                            ``(ii) Notice.--The notice described in 
                        clause (i) shall--
                                    ``(I) be in the form of a letter 
                                from the Secretary or a designee of the 
                                Secretary; and
                                    ``(II) include--
                                            ``(aa) the name and title 
                                        of each individual processing 
                                        the application;
                                            ``(bb) the reason for the 
                                        delay; and
                                            ``(cc) the date on which 
                                        the Secretary expects to make a 
                                        final decision on the 
                                        application.
            ``(4) Denial of application.--If the Secretary denies the 
        application, the Secretary shall provide the applicant--
                    ``(A) a written statement that provides clear and 
                comprehensive reasons why the application was not 
                accepted and detailed information concerning any 
                deficiency; and
                    ``(B) an opportunity to remedy any deficiencies.
            ``(5) Failure to make decision within 60 days.--If the 
        Secretary does not make a decision on the application by the 
        date that is 60 days from the date on which the Secretary 
        receives the application, the application shall be considered 
        approved.''.

    Subtitle B--Judicial Review of Agency Actions Relating to Outer 
             Continental Shelf Activities in Gulf of Mexico

SEC. 122. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED 
              ENERGY PROJECTS IN GULF OF MEXICO.

    A covered civil action shall be brought only in a judicial district 
in the Fifth Circuit unless there is no district in that circuit in 
which the action may be brought.

SEC. 123. TIME LIMITATION ON FILING.

    A covered civil action is barred unless the action is filed not 
later than the date that is 60 days after the date of the final Federal 
agency action.

SEC. 124. EXPEDITION IN HEARING AND DETERMINING ACTION.

    A court shall endeavor to hear and determine any covered civil 
action as expeditiously as practicable.

SEC. 125. STANDARD OF REVIEW.

    (a) In General.--In any judicial review of a covered civil action, 
administrative findings and conclusions relating to the challenged 
Federal action or decision shall be presumed to be correct.
    (b) Standard.--The presumption described in subsection (a) may be 
rebutted only by a preponderance of the evidence contained in the 
administrative record.

SEC. 126. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, a court shall not grant or approve any 
prospective relief unless the court finds that the relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation.

SEC. 127. LIMITATION ON ATTORNEYS' FEES.

    (a) In General.--Sections 504 of title 5 and 2412 of title 28, 
United States Code, do not apply to a covered civil action.
    (b) Payment From Federal Government.--No party to a covered civil 
action shall receive from the Federal Government payment for attorneys' 
fees, expenses, and other court costs.

           TITLE II--RESTARTING AMERICAN OFFSHORE LEASING NOW

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Restarting American Offshore 
Leasing Now Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Environmental impact statement for the 2007-2012 5-year 
        ocs plan.--The term ``environmental impact statement for the 
        2007-2012 5-Year OCS plan'' means the final environmental 
        impact statement prepared by the Secretary entitled ``Outer 
        Continental Shelf Oil and Gas Leasing Program: 2007-2012'', and 
        dated April 2007.
            (2) Multisale environmental impact statement.--The term 
        ``multisale environmental impact statement'' means the 
        environmental impact statement prepared by the Secretary 
        relating to proposed Western Gulf of Mexico OCS Oil and Gas 
        Lease Sales 204, 207, 210, 215, and 218, and proposed Central 
        Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208, 213, 
        216, and 222, and dated September 2008.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 203. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN 
              CENTRAL GULF OF MEXICO.

    (a) In General.--As soon as practicable, but not later than 60 days 
after the date of enactment of this Act, the Secretary shall conduct 
offshore oil and gas Lease Sale 216 under section 8 of the Outer 
Continental Shelf Lands Act (33 U.S.C. 1337).
    (b) Environmental Review.--For the purposes of the lease sale 
described in subsection (a), the environmental impact statement for the 
2007-2012 5-Year OCS plan and the multisale environmental impact 
statement shall be considered to satisfy the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 204. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON 
              OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

    (a) In General.--As soon as practicable, but not later than 1 year 
after the date of enactment of this Act, the Secretary shall conduct 
offshore oil and gas Lease Sale 220 under section 8 of the Outer 
Continental Shelf Lands Act (33 U.S.C. 1337).
    (b) Environmental Review.--For the purposes of the lease sale 
described in subsection (a), the environmental impact statement for the 
2007-2012 5-Year OCS plan and the multisale environmental impact 
statement shall be considered to satisfy the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 205. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN 
              CENTRAL GULF OF MEXICO.

    (a) In General.--As soon as practicable, but not later than 60 days 
after the date of enactment of this Act, the Secretary shall conduct 
offshore oil and gas Lease Sale 222 under section 8 of the Outer 
Continental Shelf Lands Act (33 U.S.C. 1337).
    (b) Environmental Review.--For the purposes of the lease sale 
described in subsection (a), the environmental impact statement for the 
2007-2012 5-Year OCS plan and the multisale environmental impact 
statement shall be considered to satisfy the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

       TITLE III--REVERSING PRESIDENT OBAMA'S OFFSHORE MORATORIUM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Reversing President Obama's 
Offshore Moratorium Act''.

SEC. 302. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(a)) is amended by adding at the end the following:
            ``(5)(A) In each oil and gas leasing program under this 
        section, the Secretary shall make available for leasing and 
        conduct lease sales that include--
                    ``(i) at least 50 percent of the available unleased 
                acreage within each outer Continental Shelf planning 
                area considered to have the largest undiscovered, 
                technically recoverable oil and gas resources (on a 
                total btu basis) based upon the most recent national 
                geological assessment of the outer Continental Shelf, 
                with an emphasis on offering the most geologically 
                prospective parts of the planning area; and
                    ``(ii) any State subdivision of an outer 
                Continental Shelf planning area that the Governor of 
                the State that represents that subdivision requests be 
                made available for leasing.
            ``(B) In this paragraph, the term `available unleased 
        acreage' means that portion of the outer Continental Shelf that 
        is not under lease at the time of a proposed lease sale, and 
        that has not otherwise been made unavailable for leasing by 
        law.
            ``(6)(A) For the 2012-2017 5-year oil and gas leasing 
        program, the Secretary shall make available for leasing any 
        outer Continental Shelf planning areas that are estimated to 
        contain more than--
                    ``(i) 2,500,000,000 barrels of oil; or
                    ``(ii) 7,500,000,000,000 cubic feet of natural gas.
            ``(B) To determine the planning areas described in 
        subparagraph (A), the Secretary shall use the document entitled 
        `Minerals Management Service Assessment of Undiscovered 
        Technically Recoverable Oil and Gas Resources of the Nation's 
        Outer Continental Shelf, 2006'.''.

SEC. 303. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Domestic Oil and Natural Gas Production Goal.---
            ``(1) In general.--In developing a 5-year oil and gas 
        leasing program, subject to paragraph (2), the Secretary shall 
        determine a domestic strategic production goal for the 
        development of oil and natural gas as a result of that program, 
        which goal shall be--
                    ``(A) the best estimate of the practicable increase 
                in domestic production of oil and natural gas from the 
                outer Continental Shelf;
                    ``(B) focused on meeting domestic demand for oil 
                and natural gas and reducing the dependence of the 
                United States on foreign energy; and
                    ``(C) focused on the production increases achieved 
                by the leasing program at the end of the 15-year period 
                beginning on the effective date of the program.
            ``(2) 2012-2017 program goal.--For purposes of the 2012-
        2017 5-year oil and gas leasing program, the production goal 
        referred to in paragraph (1) shall be an increase by 2027 of 
        not less than--
                    ``(A) 3,000,000 barrels in the quantity of oil 
                produced per day; and
                    ``(B) 10,000,000,000 cubic feet in the quantity of 
                natural gas produced per day.
            ``(3) Reporting.--Beginning at the end of the 5-year period 
        for which the program applies and annually thereafter, the 
        Secretary shall submit to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report on the progress of the 
        program in meeting the production goal that includes an 
        identification of projections for production and any problems 
        with leasing, permitting, or production that will prevent 
        meeting the goal.''.

                  TITLE IV--JOBS AND ENERGY PERMITTING

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Jobs and Energy Permitting Act of 
2012''.

SEC. 402. AIR QUALITY MEASUREMENT.

    Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1)) is 
amended in the second sentence by inserting before the period at the 
end the following: ``, except that any air quality impact of any OCS 
source shall be measured or modeled, as appropriate, and determined 
solely with respect to the impacts in the corresponding onshore area''.

SEC. 403. OCS SOURCE.

    Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C. 7627(a)(4)(C)) 
is amended in the second sentence of the matter following clause (iii) 
by striking ``shall be considered direct emissions from the OCS 
source'' and inserting ``shall be considered direct emissions from the 
OCS source but shall not be subject to any emission control requirement 
applicable to the source under subpart 1 of part C of title I of this 
Act. For platform or drill ship exploration, an OCS source is 
established at the point in time when drilling commences at a location 
and ceases to exist when drilling activity ends at the location or is 
temporarily interrupted because the platform or drill ship relocates 
for weather or other reasons''.

SEC. 404. PERMITS.

    (a) Permits.--Section 328 of the Clean Air Act (42 U.S.C. 7627) is 
amended by adding at the end the following:
    ``(d) Permit Application.--In the case of a completed application 
for a permit under this Act for platform or drill ship exploration for 
an OCS source--
            ``(1) final agency action (including any reconsideration of 
        the issuance or denial of such a permit) shall be taken not 
        later than 180 days after the date on which the completed 
        application is filed;
            ``(2) the Environmental Appeals Board of the Environmental 
        Protection Agency shall have no authority to consider any 
        matter regarding the consideration, issuance, or denial of the 
        permit;
            ``(3) no administrative stay of the effectiveness of the 
        permit may extend beyond the date that is 180 days after the 
        date on which the completed application is filed;
            ``(4) that final agency action shall be considered to be 
        nationally applicable under section 307(b); and
            ``(5) judicial review of that final agency action shall be 
        available only in accordance with section 307(b) without 
        additional administrative review or adjudication.''.
    (b) Conforming Amendment.--Section 328(a)(4) of the Clean Air Act 
(42 U.S.C. 7627(a)(4)) is amended by striking ``For purposes of 
subsections (a) and (b) of this section--'' and inserting ``For 
purposes of subsections (a), (b), and (d):''.

        TITLE V--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Sacramento-San Joaquin Valley 
Water Reliability Act''.

          Subtitle A--Central Valley Project Water Reliability

SEC. 511. AMENDMENT TO PURPOSES.

    Section 3402 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4706) is amended--
            (1) in subsection (f), by striking the period at the end; 
        and
            (2) by adding at the end the following:
    ``(g) to ensure that water dedicated to fish and wildlife purposes 
by this title is replaced and provided to Central Valley Project water 
contractors not later than December 31, 2016, at the lowest cost 
reasonably achievable; and
    ``(h) to facilitate and expedite water transfers in accordance with 
this title.''.

SEC. 512. AMENDMENT TO DEFINITION.

    Section 3403 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4707) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) the term `anadromous fish' means those native stocks of 
salmon (including steelhead) and sturgeon that--
            ``(1) as of October 30, 1992, were present in the 
        Sacramento and San Joaquin Rivers and the tributaries of the 
        Sacramento and San Joaquin Rivers; and
            ``(2) ascend those rivers and tributaries to reproduce 
        after maturing in San Francisco Bay or the Pacific Ocean;'';
            (2) by redesignating subsections (i) through (m) as 
        subsections (j) through (n), respectively; and
            (3) by inserting after subsection (h) the following:
    ``(i) the term `reasonable flows' means water flows capable of 
being maintained taking into account competing consumptive uses of 
water and economic, environmental, and social factors.''.

SEC. 513. CONTRACTS.

    Section 3404 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4708) is amended to read as follows:

``SEC. 3404. CONTRACTS.

    ``(a) Renewal of Existing Long-Term Contracts.--On request of the 
contractor, the Secretary shall renew any existing long-term repayment 
or water service contract that provides for the delivery of water from 
the Central Valley Project for a period of 40 years.
    ``(b) Administration of Contracts.--Except as expressly provided by 
this title, any existing long-term repayment or water service contract 
for the delivery of water from the Central Valley Project shall be 
administered pursuant to the Act of July 2, 1956 (chapter 492; 70 Stat. 
483).
    ``(c) Delivery Charge.--Beginning on the date of enactment of this 
Act, a contract entered into or renewed pursuant to this section shall 
include a provision that requires the Secretary to charge any other 
party to the contract only for water actually delivered by the 
Secretary.''.

SEC. 514. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.

    Section 3405 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4709) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence, by striking ``Except as 
                provided herein'' and inserting ``The Secretary shall 
                take all actions necessary to facilitate and expedite 
                transfers of Central Valley Project water in accordance 
                with this title or any other provision of Federal 
                reclamation law and the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.). Except as 
                provided in this subsection,'';
                    (B) in paragraph (1)(A), by striking ``to 
                combination'' and inserting ``or combination'';
                    (C) in paragraph (2), by adding at the end the 
                following:
                    ``(E) Written transfer proposals.--
                            ``(i) In general.--The contracting district 
                        from which the water is supplied, the agency, 
                        or the Secretary, as applicable, shall 
                        determine whether a written transfer proposal 
                        is complete not later than 45 days after the 
                        date on which the proposal is submitted.
                            ``(ii) Determination.--If the contracting 
                        district, the agency, or the Secretary 
                        determines that the proposal described in 
                        clause (i) is incomplete, the contracting 
                        district, agency, or Secretary shall state, in 
                        writing and with specificity, the conditions 
                        under which the proposal would be considered 
                        complete.
                    ``(F) No mitigation requirements.--
                            ``(i) In general.--Except as provided in 
                        this section, the Secretary shall not impose 
                        mitigation or other requirements on a proposed 
                        transfer.
                            ``(ii) Applicability.--This section shall 
                        have no effect on the authority of the 
                        contracting district from which the water is 
                        supplied or the agency under State law to 
                        approve or condition a proposed transfer.''; 
                        and
                    (D) by adding at the end the following:
            ``(4) Applicability.--Notwithstanding any other provision 
        of Federal reclamation law--
                    ``(A) the authority to transfer, exchange, bank, or 
                make recharging arrangements using Central Valley 
                Project water that could have been carried out before 
                October 30, 1992, is valid, and those transfers, 
                exchanges, or arrangements shall not be subject to, 
                limited, or conditioned by this title; and
                    ``(B) this title does not supersede or revoke the 
                authority to transfer, exchange, bank, or recharge 
                Central Valley Project water in effect before October 
                30, 1992.'';
            (2) in subsection (b)--
                    (A) in the heading, by striking ``METERING'' and 
                inserting ``MEASUREMENT'';
                    (B) in the first sentence, by striking ``All 
                Central Valley'' and inserting the following:
            ``(1) In general.--All Central Valley'';
                    (C) in the second sentence, by striking ``The 
                contracting district'' and inserting the following:
            ``(3) Annual report.--The contracting district''; and
                    (D) by inserting after paragraph (1) (as designated 
                by subparagraph (B)) the following:
            ``(2) Measurement requirements.--The contracting district 
        or agency, not including contracting districts serving multiple 
        agencies with separate governing boards, shall ensure that all 
        contractor-owned water delivery systems within the boundaries 
        of the contracting district or agency measure surface water at 
        the facilities of the contracting district or agency up to the 
        point at which the surface water is commingled with other water 
        supplies.'';
            (3) by striking subsection (d);
            (4) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively; and
            (5) by striking subsection (e) (as redesignated by 
        paragraph (4)) and inserting the following:
    ``(e) Increased Revenues.--All revenues received by the Secretary 
that exceed the cost-of-service rates applicable to the delivery of 
water transferred from irrigation use to municipal and industrial use 
under subsection (a) shall be covered to the Restoration Fund.''.

SEC. 515. FISH, WILDLIFE, AND HABITAT RESTORATION.

    Section 3406 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4714) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (1)(B) and inserting the 
                following:
                    ``(B) Administration.--
                            ``(i) In general.--As needed to carry out 
                        the goals of the Central Valley Project, the 
                        Secretary may modify Central Valley Project 
                        operations to provide reasonable flows of 
                        suitable quality, quantity, and timing to 
                        protect all life stages of anadromous fish.
                            ``(ii) Requirements.--The flows under 
                        clause (i) shall be provided from the quantity 
                        of water dedicated to fish, wildlife, and 
                        habitat restoration purposes under paragraph 
                        (2) from the water supplies acquired pursuant 
                        to paragraph (3) and from other sources which 
                        do not conflict with fulfillment of the 
                        remaining contractual obligations of the 
                        Secretary to provide Central Valley Project 
                        water for other authorized purposes.
                            ``(iii) Determination of needs.--The 
                        Secretary shall determine the instream 
                        reasonable flow needs for all Central Valley 
                        Project controlled streams and rivers based on 
                        recommendations of the United States Fish and 
                        Wildlife Service and the National Marine 
                        Fisheries Service after consultation with the 
                        United States Geological Survey.''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) in the first sentence, by 
                                striking ``primary purpose'' and 
                                inserting ``purposes'';
                                    (II) by striking ``but not limited 
                                to additional obligations under the 
                                Federal Endangered Species Act'' and 
                                inserting ``additional obligations 
                                under the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.)''; and
                                    (III) by adding at the end the 
                                following: ``All Central Valley Project 
                                water used for the purposes specified 
                                in this paragraph shall be credited to 
                                the quantity of Central Valley Project 
                                yield dedicated and managed under this 
                                paragraph by determining how the 
                                dedication and management of that water 
                                would affect the delivery capability of 
                                the Central Valley Project yield. To 
                                the maximum extent practicable and in 
                                accordance with section 3411, Central 
                                Valley Project water dedicated and 
                                managed pursuant to this paragraph 
                                shall be reused to fulfill the 
                                remaining contractual obligations of 
                                the Secretary to provide Central Valley 
                                Project water for agricultural or 
                                municipal and industrial purposes.''; 
                                and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Mandatory reduction.--If on March 15 of a 
                given year, the quantity of Central Valley Project 
                water forecasted to be made available to water service 
                or repayment contractors in the Delta Division of the 
                Central Valley Project is less than 75 percent of the 
                total quantity of water to be made available under 
                those contracts, the quantity of Central Valley Project 
                yield dedicated and managed for that year under this 
                paragraph shall be reduced by 25 percent.''; and
            (2) by adding at the end the following:
    ``(i) Satisfaction of Purposes.--In carrying out this section, the 
Secretary shall be considered to have met the mitigation, protection, 
restoration, and enhancement purposes of this title.''.

SEC. 516. RESTORATION FUND.

    (a) In General.--Section 3407(a) of the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4726) is amended--
            (1) by striking ``There is hereby'' and inserting the 
        following:
            ``(1) Establishment.--
                    ``(A) In general.--There is'';
            (2) in paragraph (1)(A) (as designated by paragraph (1)), 
        by striking ``Not less than 67 percent'' and all that follows 
        through ``Monies'' and inserting the following:
                    ``(B) Use of donated amounts.--Amounts''; and
            (3) by adding at the end the following:
            ``(2) Restrictions.--The Secretary may not directly or 
        indirectly require a donation or other payment (including 
        environmental restoration or mitigation fees not otherwise 
        provided by law) to the Restoration Fund--
                    ``(A) as a condition of--
                            ``(i) providing for the storage or 
                        conveyance of non-Central Valley Project water 
                        pursuant to Federal reclamation laws; or
                            ``(ii) the delivery of water pursuant to 
                        section 215 of the Reclamation Reform Act of 
                        1982 (Public Law 97-293; 96 Stat. 1270); or
                    ``(B) for any water that is delivered with the sole 
                intent of groundwater recharge.''.
    (b) Certain Payments.--Section 3407(c)(1) of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4726) is 
amended--
            (1) by striking ``mitigation and restoration payments, in 
        addition to charges provided for or'' and inserting ``payments, 
        in addition to charges''; and
            (2) by striking ``of fish, wildlife'' and all that follows 
        through the period and inserting ``of carrying out this 
        title.''.
    (c) Adjustment and Assessment of Mitigation and Restoration 
Payments.--Section 3407(d) of the Central Valley Project Improvement 
Act (Public Law 102-575; 106 Stat. 4727) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``, and $12 per acre-foot (October 
                1992 price levels) for municipal and industrial water 
                sold and delivered by the Central Valley Project'' and 
                inserting ``$12 per acre-foot (October 1992 price 
                levels) for municipal and industrial water sold and 
                delivered by the Central Valley Project, and after 
                October 1, 2013, $4 per megawatt-hour for Central 
                Valley Project power sold to power contractors (October 
                2013 price levels)''; and
                    (B) by inserting `` but not later than December 31, 
                2020,'' after ``That upon the completion of the fish, 
                wildlife, and habitat mitigation and restoration 
                actions mandated under section 3406 of this title,''; 
                and
            (2) by adding at the end the following:
    ``(g) Report on Expenditure of Funds.--
            ``(1) In general.--For each fiscal year, the Secretary, in 
        consultation with the Advisory Board, shall submit to Congress 
        a plan for the expenditure of all of the funds deposited in the 
        Restoration Fund during the preceding fiscal year.
            ``(2) Contents.--The plan shall include an analysis of the 
        cost-effectiveness of each expenditure.
    ``(h) Advisory Board.--
            ``(1) Establishment.--There is established the Restoration 
        Fund Advisory Board (referred to in this section as the 
        `Advisory Board'), which shall be composed of 12 members 
        appointed by the Secretary.
            ``(2) Membership.--
                    ``(A) In general.--The Secretary shall appoint 
                members to the Advisory Board that represent the 
                various Central Valley Project stakeholders, of whom--
                            ``(i) 4 members shall be agricultural users 
                        of the Central Valley Project;
                            ``(ii) 3 members shall be municipal and 
                        industrial users of the Central Valley Project;
                            ``(iii) 3 members shall be power 
                        contractors of the Central Valley Project; and
                            ``(iv) 2 members shall be appointed at the 
                        discretion of the Secretary.
                    ``(B) Observers.--The Secretary and the Secretary 
                of Commerce may each designate a representative to act 
                as an observer of the Advisory Board.
                    ``(C) Chairman.--The Secretary shall appoint 1 of 
                the members described in subparagraph (A) to serve as 
                Chairman of the Advisory Board.
            ``(3) Terms.--The term of each member of the Advisory Board 
        shall be for a period of 4 years.
            ``(4) Duties.--The duties of the Advisory Board are--
                    ``(A) to meet not less frequently than semiannually 
                to develop and make recommendations to the Secretary 
                regarding priorities and spending levels on projects 
                and programs carried out under this title;
                    ``(B) to ensure that any advice given or 
                recommendation made by the Advisory Board reflects the 
                independent judgment of the Advisory Board;
                    ``(C) not later than December 31, 2013, and 
                annually thereafter, to submit to the Secretary and 
                Congress the recommendations under subparagraph (A); 
                and
                    ``(D) not later than December 31, 2013, and 
                biennially thereafter, to submit to Congress a report 
                that details the progress made in achieving the actions 
                required under section 3406.
            ``(5) Administration.--With the consent of the appropriate 
        agency head, the Advisory Board may use the facilities and 
        services of any Federal agency.''.

SEC. 517. ADDITIONAL AUTHORITIES.

    (a) Authority for Certain Activities.--Section 3408 of the Central 
Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4728) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Contracts for Additional Storage and Delivery of Water.--
            ``(1) In general.--The Secretary may enter into contracts 
        under the reclamation laws and this title with any Federal 
        agency, California water user or water agency, State agency, or 
        private organization for the exchange, impoundment, storage, 
        carriage, and delivery of nonproject water for domestic, 
        municipal, industrial, fish and wildlife, and any other 
        beneficial purpose.
            ``(2) Limitation.--Nothing in this subsection supersedes 
        section 2(d) of the Act of August 26, 1937 (chapter 832; 50 
        Stat. 850; 100 Stat. 3051).
            ``(3) Authority for certain activities.--The Secretary 
        shall use the authority granted by this subsection in 
        connection with requests to exchange, impound, store, carry, or 
        deliver nonproject water using Central Valley Project 
        facilities for any beneficial purpose.
            ``(4) Rates.--
                    ``(A) In general.--The Secretary shall develop 
                rates not to exceed the amount required to recover the 
                reasonable costs incurred by the Secretary in 
                connection with a beneficial purpose under this 
                subsection.
                    ``(B) Administration.--The rates shall be charged 
                to a party using Central Valley Project facilities for 
                a beneficial purpose, but the costs described in 
                subparagraph (A) shall not include any donation or 
                other payment to the Restoration Fund.
            ``(5) Construction.--This subsection shall be construed and 
        implemented to facilitate and encourage the use of Central 
        Valley Project facilities to exchange, impound, store, carry, 
        or deliver nonproject water for any beneficial purpose.''.
    (b) Reporting Requirements.--Section 3408(f) of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4729) is 
amended--
            (1) in the first sentence, by striking ``Interior and 
        Insular Affairs and the Committee on Merchant Marine and 
        Fisheries'' and inserting ``Natural Resources'';
            (2) in the second sentence, by inserting ``, including 
        progress on the plan under subsection (j)'' before the period 
        at the end; and
            (3) by adding at the end the following: ``The filing and 
        adequacy of the report shall be personally certified to the 
        Committees by the Regional Director of the Mid-Pacific Region 
        of the Bureau of Reclamation.''.
    (c) Project Yield Increase.--Section 3408(j) of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4730) is 
amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and indenting 
        appropriately;
            (2) by striking ``In order to minimize adverse effects, if 
        any, upon'' and inserting the following:
            ``(1) In general.--In order to minimize adverse effects 
        upon'';
            (3) in the second sentence, by striking ``The plan'' and 
        all that follows through ``options:'' and inserting the 
        following:
            ``(2) Contents.--The plan shall include recommendations on 
        appropriate cost-sharing arrangements and authorizing 
        legislation or other measures needed to implement the intent, 
        purposes, and provisions of this subsection, as well as a 
        description of how the Secretary intends to use--'';
            (4) in paragraph (1) (as designated by paragraph (2))--
                    (A) by striking ``needs, the Secretary, shall'' and 
                all that follows through ``to the Congress,'' and 
                inserting ``needs, the Secretary, on a priority basis 
                and not later than September 30, 2013, shall submit to 
                Congress''; and
                    (B) by striking ``increase,'' and all that follows 
                through ``under this title'' and inserting ``increase, 
                as soon as practicable, but not later than September 
                30, 2016 (except that the construction of new 
                facilities shall not be limited by that deadline), the 
                water of the Central Valley Project by the quantity 
                dedicated and managed for fish and wildlife purposes 
                under this title and otherwise required to meet the 
                purposes of the Central Valley Project, including 
                satisfying contractual obligations'';
            (5) in paragraph (2)(A) (as designated by paragraph (1)), 
        by inserting ``and construction of new water storage 
        facilities'' before the semicolon;
            (6) in paragraph (2)(F) (as designated by paragraph (1)), 
        by striking ``and'' at the end;
            (7) in paragraph (2)(G) (as designated by paragraph (1)), 
        by striking the period and all that follows through the end of 
        the subsection and inserting ``; and''; and
            (8) by adding after paragraph (2)(G) the following:
                    ``(H) water banking and recharge.
            ``(3) Implementation of plan.--
                    ``(A) In general.--The Secretary shall implement 
                the plan under paragraph (1) beginning on October 1, 
                2013.
                    ``(B) Coordination.--In carrying out this 
                subsection, the Secretary shall coordinate with the 
                State of California in implementing measures for the 
                long-term resolution of problems in the San Francisco 
                Bay/Sacramento-San Joaquin Delta Estuary.
            ``(4) Failure of plan.--Notwithstanding any other provision 
        of the reclamation laws, if by September 30, 2016, the plan 
        under paragraph (1) fails to increase the annual delivery 
        capability of the Central Valley Project by 800,000 acre-feet, 
        implementation of any nonmandatory action under section 
        3406(b)(2) shall be suspended until the date on which the plan 
        achieves an increase in the annual delivery capability of the 
        Central Valley Project of 800,000 acre-feet.''.
    (d) Technical Corrections.--Section 3408(h) of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4729) is 
amended--
            (1) in paragraph (1), by striking ``paragraph (h)(2)'' and 
        inserting ``paragraph (2)''; and
            (2) in paragraph (2), by striking ``paragraph (h)(i)'' and 
        inserting ``paragraph (1)''.
    (e) Water Storage Project Construction.--
            (1) In general.--The Secretary of the Interior, acting 
        through the Commissioner of Reclamation, may partner or enter 
        into an agreement relating to the water storage projects 
        described in section 103(d)(1) of the Water Supply, 
        Reliability, and Environmental Improvement Act (Public Law 108-
        361; 118 Stat. 1684) with local joint powers authorities formed 
        under State law by irrigation districts and other local 
        governments or water districts within the applicable 
        hydrological region to advance those water storage projects.
            (2) No additional federal amounts.--
                    (A) In general.--Subject to subparagraph (B), no 
                additional Federal amounts are authorized to be 
                appropriated to carry out the activities described in 
                clauses (i) through (iii) of sections 103(d)(1)(A) of 
                the Water Supply, Reliability, and Environmental 
                Improvement Act (Public Law 108-361; 118 Stat. 1684) 
                Public Law 108-361.
                    (B) Exception.--Additional Federal amounts may be 
                appropriated for construction of a project described in 
                subparagraph (A) if non-Federal amounts are used to 
                finance and construct the project.

SEC. 518. BAY-DELTA ACCORD.

    (a) Congressional Direction Regarding Central Valley Project and 
California State Water Project Operations.--
            (1) In general.--The Central Valley Project and the 
        California State Water Project shall be operated strictly in 
        accordance with the water quality standards and operational 
        constraints described in the ``Principles for Agreement on the 
        Bay-Delta Standards Between the State of California and the 
        Federal Government'' dated December 15, 1994.
            (2) Applicability of other law.--The Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) and other applicable law shall 
        not apply to operations described in paragraph (1).
            (3) Implementation.--Implementation of the ``Principles for 
        Agreement on the Bay-Delta Standards Between the State of 
        California and the Federal Government'' dated December 15, 
        1994, shall be in strict compliance with the water rights 
        priority system and statutory protections for areas of origin.
    (b) Application of Laws to Others.--
            (1) In general.--As a condition of the receipt of Federal 
        amounts for the Central Valley Project and the California State 
        Water Project, the State of California (including any agency or 
        board of the State of California), on any water right obtained 
        pursuant to State law, including a pre-1914 appropriative 
        right, shall not--
                    (A) impose any condition that restricts the 
                exercise of that water right that is affected by 
                operations of the Central Valley Project or California 
                State Water Project; or
                    (B) restrict under the Public Trust Doctrine any 
                public trust value imposed in order to conserve, 
                enhance, recover, or otherwise protect any species.
            (2) Federal agencies.--The prohibition under paragraph 
        (1)(A) shall apply to Federal agencies.
    (c) Costs.--No cost associated with the implementation of this 
section shall be imposed directly or indirectly on any Central Valley 
Project contractor, or any other person or entity, unless those costs 
are incurred on a voluntary basis.
    (d) Native Species Protection.--This section preempts any law of 
the State California law restricting the quantity or size of a 
nonnative fish that is taken or harvested that preys on 1 or more 
native fish species that occupy the Sacramento and San Joaquin Rivers 
and the tributaries of those rivers or the Sacramento-San Joaquin 
Rivers Delta.

SEC. 519. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

    After the date of enactment of this Act, and regardless of the date 
of listing, the Secretaries of the Interior and Commerce shall not 
distinguish between natural-spawned and hatchery-spawned (or otherwise 
artificially propagated strains of a species) in making any 
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) that relates to an anadromous fish species present in the 
Sacramento and San Joaquin Rivers or the tributaries of those rivers 
and that ascends those rivers and tributaries to reproduce after 
maturing in San Francisco Bay or the Pacific Ocean.

SEC. 520. AUTHORIZED SERVICE AREA.

    (a) In General.--The Secretary of the Interior, acting through the 
Commissioner of Reclamation, shall include in the service area of the 
Central Valley Project authorized under the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4706) the area within 
the boundaries of the Kettleman City Community Services District, 
California, as those boundaries are defined as of the date of enactment 
of this Act.
    (b) Long-Term Contract.--
            (1) In general.--Notwithstanding the Central Valley Project 
        Improvement Act (Public Law 102-575; 106 Stat. 4706) and 
        subject to paragraph (2), the Secretary, in accordance with the 
        reclamation laws, shall enter into a long-term contract with 
        the Kettleman City Community Services District or the delivery 
        of not more than 900 acre-feet of Central Valley Project water 
        for municipal and industrial use.
            (2) Reduction in contract.--The Secretary may temporarily 
        reduce deliveries of the quantity of water made available under 
        paragraph (1) by not more than 25 percent of the total whenever 
        reductions due to hydrologic circumstances are imposed on 
        agricultural deliveries of Central Valley Project water.
    (c) Additional Cost.--If any additional infrastructure or related 
costs are needed to implement this section, those costs shall be the 
responsibility of the non-Federal entity.

SEC. 521. REGULATORY STREAMLINING.

    (a) Definitions.--In this section:
            (1) CVP.--The term ``CVP'' means the Central Valley 
        Project.
            (2) Project.--The term ``project''--
                    (A) means an activity that--
                            (i) is undertaken by a public agency, 
                        funded by a public agency, or requires the 
                        issuance of a permit by a public agency;
                            (ii) has a potential to result in a 
                        physical change to the environment; and
                            (iii) may be subject to several 
                        discretionary approvals by governmental 
                        agencies;
                    (B) may include construction activities, clearing 
                or grading of land, improvements to existing 
                structures, and activities or equipment involving the 
                issuance of a permit; or
                    (C) has the meaning given the term defined in 
                section 21065 of the California Public Resource Code.
    (b) Applicability of Certain Laws.--The filing of a notice of 
determination or a notice of exemption for any project, including the 
issuance of a permit under State law, for any project of the CVP or the 
delivery of water from the CVP in accordance with the California 
Environmental Quality Act shall be considered to meet the requirements 
for that project or permit under section 102(2)(C) of the National 
Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
    (c) Continuation of Project.--The Bureau of Reclamation shall not 
be required to cease or modify any major Federal action or other 
activity for any project of the CVP or the delivery of water from the 
CVP pending completion of judicial review of any determination made 
under the National Environmental Protection Act of 1969 (42 U.S.C. 4321 
et seq.).

               Subtitle B--San Joaquin River Restoration

SEC. 531. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.

    As of the date of enactment of this Act, the Secretary shall cease 
any action to implement the Stipulation of Settlement, Natural 
Resources Defense Council, Inc. v. Rodgers, No. Civ. S-88-1658 LKK/GGH 
(E.D. Cal. Sept. 13, 2006).

SEC. 532. PURPOSE.

    Section 10002 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1349) is amended by striking 
``implementation of the Settlement'' and inserting ``restoration of the 
San Joaquin River''.

SEC. 533. DEFINITIONS.

    Section 10003 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1349) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Critical water year.--The term `critical water year' 
        means a year in which the total unimpaired runoff at Friant Dam 
        is less than 400,000 acre-feet, as forecasted as of March 1 of 
        that water year by the California Department of Water 
        Resources.
            ``(2) Restoration flows.--The term `Restoration Flows' 
        means the additional water released or bypassed from Friant Dam 
        to ensure that the target flow entering Mendota Pool, located 
        approximately 62 river miles downstream from Friant Dam, does 
        not fall below a speed of 50 cubic feet per second.''; and
            (3) by striking paragraph (4) (as redesignated by paragraph 
        (1)) and inserting the following:
            ``(4) Water year.--The term `water year' means the period 
        beginning March 1 of a given year and ending on the last day of 
        February of the following calendar year.''.

SEC. 534. IMPLEMENTATION OF RESTORATION.

    Section 10004 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1350) is amended--
            (1) in subsection (a)--
                    (A) by striking ``hereby authorized and directed'' 
                and all that follows through ``in the Settlement:'' and 
                inserting ``may carry out the following:'';
                    (B) by striking paragraphs (1), (2), (4), and (5);
                    (C) by redesignating paragraph (3) as paragraph 
                (1);
                    (D) in paragraph (1) (as redesignated by 
                subparagraph (C)), by striking ``paragraph 13 of the 
                Settlement'' and inserting ``this part''; and
                    (E) by adding at the end the following :
            ``(2) In each water year, beginning in the water year 
        commencing on March 1, 2013, the Secretary--
                    ``(A) shall modify Friant Dam operations to release 
                the Restoration Flows for that water year, unless the 
                year is a critical water year;
                    ``(B) shall ensure that--
                            ``(i) the release of Restoration Flows are 
                        maintained at the level prescribed by this 
                        part; and
                            ``(ii) Restoration Flows do not reach 
                        downstream of Mendota Pool;
                    ``(C) shall release the Restoration Flows in a 
                manner that improves the fishery in the San Joaquin 
                River below Friant Dam and upstream of Gravelly Ford, 
                Nevada, as in existence on the date of the enactment of 
                the Sacramento and San Joaquin Valleys Water 
                Reliability Act, including the associated riparian 
                habitat; and
                    ``(D) may, without limiting the actions required 
                under subparagraphs (A) and (C) and subject to 
                paragraph (3) and subsection (l), use the Restoration 
                Flows to enhance or restore a warm water fishery 
                downstream of Gravelly Ford, Nevada, including to 
                Mendota Pool, if the Secretary determines that the 
                action is reasonable, prudent, and feasible.
            ``(3) Not later than 1 year after the date of enactment of 
        the Sacramento and San Joaquin Valleys Water Reliability Act, 
        the Secretary shall develop and implement, in cooperation with 
        the State of California, a reasonable plan--
                    ``(A) to fully recirculate, recapture, reuse, 
                exchange, or transfer all Restoration Flows; and
                    ``(B) to provide the recirculated, recaptured, 
                reused, exchanged, or transferred flows to those 
                contractors within the Friant Division, Hidden Unit, 
                and Buchanan Unit of the Central Valley Project that 
                relinquished the Restoration Flows that were 
                recirculated, recaptured, reused, exchanged, or 
                transferred.
            ``(4) The plan described in paragraph (3) shall--
                    ``(A) address any impact on groundwater resources 
                within the service area of the Friant Division, Hidden 
                Unit, and Buchanan Unit of the Central Valley Project 
                and mitigation may include groundwater banking and 
                recharge projects;
                    ``(B) not impact the water supply or water rights 
                of any entity outside the Friant Division, Hidden Unit, 
                and Buchanan Unit of the Central Valley Project; and
                    ``(C) be subject to applicable provisions of 
                California water law and the use by the Secretary of 
                the Interior of Central Valley Project facilities to 
                make Project water (other than water released from 
                Friant Dam under this part) and water acquired through 
                transfers available to existing south of Delta Central 
                Valley Project contractors.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``the 
                Settlement'' and inserting ``this part''; and
                    (B) in paragraph (2), by striking ``the 
                Settlement'' and inserting ``this part'';
            (3) in subsection (c), by striking ``the Settlement'' and 
        inserting ``this part'';
            (4) by striking subsection (d) and inserting the following:
    ``(d) Mitigation of Impacts.--
            ``(1) In general.--Not later than October 1, 2013 and 
        subject to paragraph (2), the Secretary shall identify--
                    ``(A) the impacts associated with the release of 
                Restoration Flows prescribed in this part; and
                    ``(B) the measures to be implemented to mitigate 
                impacts on adjacent and downstream water users, 
                landowners, and agencies as a result of Restoration 
                Flows.
            ``(2) Mitigation measures.--Before implementing a decision 
        or agreement to construct, improve, operate, or maintain a 
        facility that the Secretary determines is necessary to 
        implement this part, the Secretary shall implement all 
        mitigation measures identified in paragraph (1)(B) before the 
        date on which Restoration Flows are commenced.'';
            (5) in subsection (e), by striking ``the Settlement'' and 
        inserting ``this part'';
            (6) in subsection (f), by striking ``the Settlement and 
        section 10011'' and inserting ``this part'';
            (7) in subsection (g)--
                    (A) by striking ``the Settlement and''; and
                    (B) by striking ``or exchange contract'' and 
                inserting ``exchange contract, water rights settlement, 
                or holding contract'';
            (8) in subsection (h)--
                    (A) by striking ``Interim'' in the header;
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Interim Flows under the 
                        Settlement'' and inserting ``Restoration Flows 
                        under this part'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``Interim'' and inserting 
                                ``Restoration''; and
                                    (II) in clause (ii), by inserting 
                                ``and'' after the semicolon;
                            (iii) in subparagraph (D), by striking 
                        ``and'' at the end; and
                            (iv) by striking subparagraph (E);
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Conditions for release.--The Secretary may release 
        Restoration Flows to the extent that the flows would not exceed 
        existing downstream channel capacities.'';
                    (D) in paragraph (3), by striking ``Interim'' and 
                inserting ``Restoration''; and
                    (E) by striking paragraph (4) and inserting the 
                following:
            ``(4) Claims.--Not later than 60 days after the date of 
        enactment of the Sacramento and San Joaquin Valleys Water 
        Reliability Act, the Secretary shall issue, by regulation, a 
        claims process to address claims, including groundwater 
        seepage, flooding, or levee instability damages caused as a 
        result of, arising out of, or related to implementation of this 
        subtitle.'';
            (9) in subsection (i)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Settlement and parts I 
                        and III'' and inserting ``this part'';
                            (ii) in subparagraph (A), by inserting 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (B)--
                                    (I) by striking ``additional 
                                amounts authorized to be appropriated, 
                                including the''; and
                                    (II) by striking ``; and'' and 
                                inserting a period; and
                            (iv) by striking subparagraph (C); and
                    (B) by striking paragraph (3); and
            (10) by adding at the end the following:
    ``(k) No Impacts on Other Interests.--
            ``(1) In general.--No Central Valley Project or other water 
        (other than San Joaquin River water impounded by or bypassed 
        from Friant Dam) shall be used to implement subsection (a)(2) 
        unless the use is on a voluntary basis.
            ``(2) Involuntary costs.--No cost associated with the 
        implementation of this section shall be imposed directly or 
        indirectly on any Central Valley Project contractor, or any 
        other person or entity, outside the Friant Division, the Hidden 
        Unit, or the Buchanan Unit, unless the cost is incurred on a 
        voluntary basis.
            ``(3) Reduction in water supplies.--The implementation of 
        this part shall not directly or indirectly reduce any water 
        supply or water reliability on any Central Valley Project 
        contractor, any State Water Project contractor, or any other 
        person or entity, outside the Friant Division, the Hidden Unit, 
        or the Buchanan Unit, unless the reduction or cost is incurred 
        on a voluntary basis.
    ``(l) Priority.--Each action taken under this part shall be 
subordinate to the use by the Secretary of Central Valley Project 
facilities to make Project water available to Project contractors, 
other than water released from the Friant Dam under this part.
    ``(m) Applicability.--
            ``(1) In general.--Notwithstanding section 8 of the Act of 
        June 17, 1902 (32 Stat. 390, chapter 1093), except as provided 
        in this part and subtitle D of the Sacramento and San Joaquin 
        Valleys Water Reliability Act, this part--
                    ``(A) preempts and supersedes any State law, 
                regulation, or requirement that imposes more 
                restrictive requirements or regulations on the 
                activities authorized under this part; and
                    ``(B) does not alter or modify any obligation of 
                the Friant Division, Hidden Unit, and Buchanan Unit of 
                the Central Valley Project, or other water users on the 
                San Joaquin River, or tributaries of the San Joaquin 
                River, under any order issued by the State Water 
                Resources Control Board under the Porter-Cologne Water 
                Quality Control Act (California Water Code section 
                13000 et seq.).
            ``(2) Applicability.--An order described in paragraph 
        (1)(B) shall be consistent with any congressional authorization 
        for any affected Federal facility relating to the Central 
        Valley Project.
    ``(n) Project Implementation.--Any project to implement this part 
shall be phased such that each project shall include--
            ``(1) the project purpose and need;
            ``(2) identification of mitigation measures;
            ``(3) appropriate environmental review; and
            ``(4) prior to releasing Restoration Flows under this part 
        the completion of the any required mitigation measures and the 
        completion of the project.''.

SEC. 535. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

    Section 10005 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1353) is amended--
            (1) in subsection (a), by striking ``the Settlement 
        authorized by this part'' and inserting ``this part'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) In general.--The 
                        Secretary'' and inserting ``The Secretary''; 
                        and
                            (ii) by striking ``the Settlement 
                        authorized by this part'' and inserting ``this 
                        part''; and
                    (B) by striking paragraph (2); and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``the 
                Settlement'' and inserting ``this part'';
                    (B) in paragraph (2)--
                            (i) by striking ``through the exercise of 
                        its eminent domain authority''; and
                            (ii) by striking ``the Settlement'' and 
                        inserting ``this part''; and
                    (C) in paragraph (3), by striking ``section 
                10009(c)'' and inserting ``section 10009''.

SEC. 536. COMPLIANCE WITH APPLICABLE LAW.

    Section 10006 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1354) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, unless 
                otherwise provided by this part'' before the period at 
                the end; and
                    (B) in paragraph (2), by striking ``the 
                Settlement'' and inserting ``this part'';
            (2) in subsection (b), by inserting ``, unless otherwise 
        provided by this part'' before the period at the end;
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``section 10004'' 
                and inserting ``this part''; and
                    (B) in paragraph (3), by striking ``the 
                Settlement'' and inserting ``this part''; and
            (4) in subsection (d)--
                    (A) by inserting ``, including, without limitation, 
                the costs of implementing subsections (d) and (h)(4) of 
                section 10004,'' after ``implementing this part''; and
                    (B) by striking ``for implementation of the 
                Settlement,''.

SEC. 537. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.

    Section 10007 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1354) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``the Settlement'' and inserting 
                ``the enactment of this part''; and
                    (B) by inserting: ``and the obligations of the 
                Secretary and all other parties to protect and keep in 
                good condition any fish that may be planted or exist 
                below Friant Dam, including any obligations under 
                section 5937 of the California Fish and Game Code and 
                the public trust doctrine, and those of the Secretary 
                and all other parties under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.)'' before ``, 
                provided''; and
            (2) in paragraph (1), by striking ``, as provided in the 
        Settlement''.

SEC. 538. NO PRIVATE RIGHT OF ACTION.

    Section 10008(a) of the San Joaquin River Restoration Settlement 
Act (Public Law 111-11; 123 Stat. 1355) is amended--
            (1) by striking ``not a party to the Settlement''; and
            (2) by striking ``or the Settlement'' and inserting 
        ``unless otherwise provided by this part, but any Central 
        Valley Project long-term water service or repayment contractor 
        within the Friant Division, Hidden unit, or Buchanan unit 
        adversely affected by the failure of the Secretary to comply 
        with section 10004(a)(3) may bring an action against the 
        Secretary for injunctive relief, damages, or both.''.

SEC. 539. IMPLEMENTATION.

    Section 10009 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1355) is amended--
            (1) in the section heading, by striking ``; settlement 
        fund'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``the Settlement'' the 
                        first place it appears and inserting ``this 
                        part'';
                            (ii) by striking ``, estimated to total'' 
                        and all that follows through ``subsection 
                        (b)(1),''; and
                            (iii) by striking ``; provided however,'' 
                        and all that follows through ``$110,000,000 of 
                        State funds'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        In general.--The Secretary'' and inserting 
                        ``The Secretary''; and
                            (ii) by striking subparagraph (B); and
                    (C) in paragraph (3)--
                            (i) by striking ``Except as provided in the 
                        Settlement, to'' and inserting ``To''; and
                            (ii) by striking ``this Settlement'' and 
                        inserting ``this part'';
            (3) in subsection (b)(1)--
                    (A) by striking ``In addition'' and all that 
                follows through ``however, that the'' and inserting 
                ``The'';
                    (B) by striking ``such additional appropriations 
                only in amounts equal to''; and
                    (C) by striking ``or the Settlement'';
            (4) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Settlement'' and 
                        inserting ``this part'';
                            (ii) in subparagraph (C), by striking 
                        ``from the sale of water pursuant to the 
                        Settlement, or''; and
                            (iii) in subparagraph (D), by striking 
                        ``the Settlement'' and inserting ``this part''; 
                        and
                    (B) in paragraph (2), by striking ``the Settlement 
                and''; and
            (5) by striking subsections (d) through (f).

SEC. 540. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF 
              CONSTRUCTION COSTS.

    Section 10010 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1358) is amended--
            (1) in paragraphs (3)(D) and (4)(C) of subsection (a), by 
        striking ``the Settlement and'' each place it appears;
            (2) in subsection (c), by striking paragraph (3);
            (3) in subsection (d)(1), by striking ``the Settlement'' 
        each place it appears and inserting ``this part''; and
            (4) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``Interim Flows or 
                        Restoration Flows, pursuant to paragraphs 13 or 
                        15 of the Settlement'' and inserting 
                        ``Restoration Flows, pursuant to this part'';
                            (ii) by striking ``Interim Flows or'' 
                        before ``Restoration Flows''; and
                            (iii) by striking ``the Interim Flows or 
                        Restoration Flows or is intended to otherwise 
                        facilitate the Water Management Goal, as 
                        described in the Settlement'' and inserting 
                        ``Restoration Flows''; and
                    (B) in paragraph (2)--
                            (i) by striking ``except as provided in 
                        paragraph 16(b) of the Settlement''; and
                            (ii) by striking ``the Interim Flows or 
                        Restoration Flows or to facilitate the Water 
                        Management Goal'' and inserting ``Restoration 
                        Flows''.

SEC. 541. REPEAL.

    Section 10011 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1362) is repealed.

SEC. 542. WATER SUPPLY MITIGATION.

    Section 10202(b) of the San Joaquin River Restoration Settlement 
Act (Public Law 111-11; 123 Stat. 1365) is amended--
            (1) in paragraph (1), by striking ``the Interim or 
        Restoration Flows authorized in part I of this subtitle'' and 
        inserting ``Restoration Flows authorized in this part'';
            (2) in paragraph (2), by striking ``the Interim or 
        Restoration Flows authorized in part I of this subtitle'' and 
        inserting ``Restoration Flows authorized in this part''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``meet the 
                Restoration Goal as described in part I of this 
                subtitle'' and inserting ``recover Restoration Flows as 
                described in this part''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``the Interim or 
                        Restoration Flows authorized in part I of this 
                        subtitle'' and inserting ``Restoration Flows 
                        authorized in this part''; and
                            (ii) by striking ``, and for ensuring 
                        appropriate adjustment in the recovered water 
                        account pursuant to section 10004(a)(5)''.

SEC. 543. ADDITIONAL AUTHORITIES.

    Section 10203 of the San Joaquin River Restoration Settlement Act 
(Public Law 111-11; 123 Stat. 1367) is amended--
            (1) in subsection (b)--
                    (A) by striking ``section 10004(a)(4)'' and 
                inserting ``section 10004(a)(3)''; and
                    (B) by striking ``, provided'' and all that follows 
                through ``section 10009(f)(2)''; and
            (2) by striking subsection (c).

   Subtitle C--Repayment Contracts and Acceleration of Repayment of 
                           Construction Costs

SEC. 551. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF 
              CONSTRUCTION COSTS.

    (a) Conversion of Contracts.--
            (1) Certain contracts.--
                    (A) In general.--Not later than 1 year after the 
                date enactment of this Act, the Secretary of the 
                Interior, on the request of a contractor, shall convert 
                all existing long-term Central Valley Project contracts 
                entered into under section 9(e) of the Act of August 4, 
                1939 (53 Stat. 1196, chapter 418), to a contract under 
                section 9(d) of that Act (53 Stat. 1195), under 
                mutually agreeable terms and conditions.
                    (B) Restrictions.--A contract converted under 
                subparagraph (A) shall--
                            (i) require the repayment, either in lump 
                        sum or by accelerated prepayment, of the 
                        remaining amount of construction costs 
                        identified in the most current version of the 
                        Central Valley Project Schedule of Irrigation 
                        Capital Allocations by Contractor, as adjusted 
                        to reflect payments not reflected in that 
                        schedule and properly assignable for ultimate 
                        return by the contractor, not later than 
                        January 31, 2013 (or if made in approximately 
                        equal annual installments, not later than 
                        January 31, 2016), which amount shall be 
                        discounted by the Treasury rate (defined as the 
                        20-year Constant Maturity Treasury rate 
                        published by the Department of the Treasury as 
                        of October 1, 2012);
                            (ii) require that, notwithstanding 
                        subsection (c)(2), construction costs or other 
                        capitalized costs incurred after the effective 
                        date of the converted contract or not reflected 
                        in the schedule described in clause (i) and 
                        properly assignable to that contractor, shall 
                        be repaid--
                                    (I) in not more than 5 years after 
                                the date on which the contractor is 
                                notified of the allocation if that 
                                amount is a result of a collective 
                                annual allocation of capital costs to 
                                the contractors exercising contract 
                                conversions under this subsection of 
                                less than $5,000,000; or
                                    (II) if the allocation of capital 
                                costs described in subclause (I) equal 
                                $5,000,000 or more, as provided by 
                                applicable reclamation law, subject to 
                                the condition that the reference to the 
                                amount of $5,000,000 shall not be a 
                                precedent in any other context; and
                            (iii) provide that power revenues will not 
                        be available to aid in the repayment of 
                        construction costs allocated to irrigation 
                        under the contract.
                    (C) Estimate.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary of the 
                Interior shall provide to each contractor an estimate 
                of the remaining amount of construction costs under 
                subparagraph (B)(i) as of January 31, 2013, as 
                adjusted.
            (2) Other contracts.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, on the request of a 
                contractor, the Secretary may convert any Central 
                Valley Project long-term contract entered into under 
                section 9(c)(2) of the Act of August 4, 1939 (chapter 
                418; 53 Stat. 1194) to a contract under section 9(c)(1) 
                of that Act, under mutually agreeable terms and 
                conditions.
                    (B) Restrictions.--A contract converted under 
                subparagraph (A) shall--
                            (i) require the repayment in lump sum of 
                        the remaining amount of construction costs 
                        identified in the most current version of the 
                        Central Valley Project Schedule of Municipal 
                        and Industrial Water Rates, as adjusted to 
                        reflect payments not reflected in that schedule 
                        and properly assignable for ultimate return by 
                        the contractor, not later than January 31, 
                        2016; and
                            (ii) require that, notwithstanding 
                        subsection (c)(2), construction costs or other 
                        capitalized costs incurred after the effective 
                        date of the contract or not reflected in the 
                        Schedule described in clause (i), and properly 
                        assignable to that contractor, shall be 
                        repaid--
                                    (I) in not more than 5 years after 
                                the date on which the contractor is 
                                notified of the allocation if the 
                                amount is a result of a collective 
                                annual allocation of capital costs to 
                                the contractors exercising contract 
                                conversions under this subsection of 
                                less than $5,000,000; or
                                    (II) if the allocation of capital 
                                costs described in subclause (I) equal 
                                $5,000,000 or more, as provided by 
                                applicable reclamation law, subject to 
                                the condition that the reference to the 
                                amount of $5,000,000 shall not be a 
                                precedent in any other context.
                    (C) Estimate.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary of the 
                Interior shall provide to each contractor an estimate 
                of the remaining amount of construction costs under 
                subparagraph (B)(i) as of January 31, 2016, as 
                adjusted.
    (b) Final Adjustment.--
            (1) In general.--The amounts paid pursuant to subsection 
        (a) shall be subject to adjustment following a final cost 
        allocation by the Secretary of the Interior on completion of 
        the construction of the Central Valley Project.
            (2) Repayment obligation.--
                    (A) In general.--If the final cost allocation 
                indicates that the costs properly assignable to the 
                contractor are greater than the amount that has been 
                paid by the contractor, the contractor shall pay the 
                remaining allocated costs.
                    (B) Terms.--The term of an additional repayment 
                contract described in subparagraph (A) shall be--
                            (i) for not less than 1 year and not more 
                        than 10 years; and
                            (ii) based on mutually agreeable provisions 
                        regarding the rate of repayment of the amount 
                        developed by the parties.
            (3) Credits.--If the final cost allocation indicates that 
        the costs properly assignable to the contractor are less than 
        the amount that the contractor has paid, the Secretary of the 
        Interior shall credit the amount of the overpayment as an 
        offset against any outstanding or future obligation of the 
        contractor.
    (c) Applicability of Certain Provisions.--
            (1) In general.--Notwithstanding any repayment obligation 
        under subsection (a)(1)(B)(ii) or subsection (b), on the 
        compliance of a contractor with and discharge of the obligation 
        of repayment of the construction costs under that subsection, 
        the ownership and full-cost pricing limitations of any 
        provision of the reclamation laws shall not apply to land in 
        that district.
            (2) Other contracts.--Notwithstanding any repayment 
        obligation under paragraph (1)(B)(ii) or (2)(B)(ii) of 
        subsection (a) or subsection (b), on the compliance of a 
        contractor with and discharge of the obligation of repayment of 
        the construction costs under that subsection, the contractor 
        shall continue to pay applicable operation and maintenance 
        costs and other charges applicable to the repayment contracts 
        pursuant to then-current rate-setting policy and applicable 
        law.
    (d) Certain Repayment Obligations Not Altered.--This section does 
not--
            (1) alter the repayment obligation of any other long-term 
        water service or repayment contractor receiving water from the 
        Central Valley Project; or
            (2) shift any costs that would otherwise have been properly 
        assignable to a contractor absent this section, including 
        operations and maintenance costs, construction costs, or other 
        capitalized costs incurred after the date of enactment of this 
        Act, to other contractors.
    (e) Statutory Interpretation.--Nothing in this subtitle affects the 
right of any long-term contractor to use a particular type of financing 
to make the payments required in paragraph (1)(B)(i) or (2)(B)(i) of 
subsection (a).

     Subtitle D--Bay-Delta Watershed Water Rights Preservation and 
                               Protection

SEC. 561. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.

    Notwithstanding the provisions of this title, Federal reclamation 
law, or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)--
            (1) the Secretary of the Interior shall, in the operation 
        of the Central Valley Project--
                    (A) strictly adhere to State water rights law 
                governing water rights priorities by honoring water 
                rights senior to those belonging to the Central Valley 
                Project, regardless of the source of priority; and
                    (B) strictly adhere to and honor water rights and 
                other priorities that are obtained or exist pursuant to 
                the California Water Code, including sections 10505, 
                10505:5, 11128, 11460, 11463, and 12220; and
            (2) any action that affects the diversion of water or 
        involves the release of water from any Central Valley Project 
        water storage facility taken by the Secretary of the Interior 
        or the Secretary of Commerce to conserve, enhance, recover, or 
        otherwise protect any species listed under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied 
        in a manner that is consistent with water right priorities 
        established by State law.

SEC. 562. SACRAMENTO RIVER SETTLEMENT CONTRACTS.

    (a) In General.--In carrying out the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) in the Bay-Delta and on the Sacramento River, 
the Secretary of the Interior and the Secretary of Commerce shall apply 
any limitations on the operation of the Central Valley Project or 
relating to the formulation of any reasonable prudent alternative 
associated with the operation of the Central Valley Project in a manner 
that strictly adheres to and applies the water rights priorities for 
project water and base supply as provided in the Sacramento River 
Settlement Contracts.
    (b) Applicability.--Article 3(i) of the Sacramento River Settlement 
Contracts shall not be used by the Secretary of the Interior or any 
other Federal agency head as means to provide shortages that are 
different from those provided for in Article 5(a) of the Sacramento 
River Settlement Contracts.

SEC. 563. SACRAMENTO RIVER WATERSHED WATER SERVICE CONTRACTORS.

    (a) Existing Central Valley Project Agricultural Water Service 
Contractors Within Sacramento River Watershed.--In this section, the 
term ``existing Central Valley Project agricultural water service 
contractors within the Sacramento River Watershed'' means water service 
contractors within the Shasta, Trinity, and Sacramento River Divisions 
of the Central Valley Project that have a water service contract in 
effect on the date of enactment of this Act that provides water for 
irrigation.
    (b) Allocation of Water.--Subject to subsection (c) and the 
absolute priority of the Sacramento River Settlement Contractors to 
Sacramento River supplies over Central Valley Project diversions and 
deliveries to other contractors, the Secretary of the Interior shall, 
in the operation of the Central Valley Project, allocate water provided 
for irrigation purposes to existing Central Valley Project agricultural 
water service contractors within the Sacramento River Watershed as 
follows:
            (1) Not less than 100 percent of the contract quantities in 
        a ``Wet'' year (as that term is defined in the Sacramento 
        Valley Water Year Type (40-30-30) Index).
            (2) Not less than 100 percent of the contract quantities in 
        an ``Above Normal'' year (as that term is defined in the 
        Sacramento Valley Water Year Type (40-30-30) Index).
            (3) Not less than 100 percent of the contract quantities in 
        a ``Below Normal'' year (as that term is defined in the 
        Sacramento Valley Water Year Type (40-30-30) Index).
            (4) Not less than 75 percent of the contract quantities in 
        a ``Dry'' year (as that term is defined in the Sacramento 
        Valley Water Year Type (40-30-30) Index).
            (5) Not less than 50 percent of the contract quantities in 
        a ``Critically Dry'' year (as that term is defined in the 
        Sacramento Valley Water Year Type (40-30-30) Index).
    (c) Protection of Municipal and Industrial Supplies.--
            (1) In general.--Nothing in this section--
                    (A) modifies any provision of a water service 
                contract that addresses municipal and industrial water 
                shortage policies of the Secretary of the Interior;
                    (B) affects or limits the authority of the 
                Secretary of the Interior--
                            (i) to adopt or modify municipal and 
                        industrial water shortage policies; or
                            (ii) to implement municipal and industrial 
                        water shortage policies; or
                    (C) affects allocations to Central Valley Project 
                municipal and industrial contractors pursuant to the 
                water shortage policies of the Secretary of the 
                Interior.
            (2) Applicability.--This section does not constrain, 
        govern, or affect, directly or indirectly, the operations of 
        the American River Division of the Central Valley Project or 
        any deliveries from that Division, including the units and 
        facilities of that Division.

SEC. 564. NO REDIRECTED ADVERSE IMPACTS.

    The Secretary of the Interior shall ensure that there are no 
redirected adverse water supply or fiscal impacts to the State Water 
Project or to individuals within the Sacramento River or San Joaquin 
River watershed arising from the operation of the Secretary of the 
Central Valley Project to meet legal obligations imposed by or through 
any Federal or State agency, including--
            (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (2) this title; and
            (3) actions or activities implemented to meet the twin 
        goals of improving water supply and addressing the 
        environmental needs of the Bay-Delta.

                       Subtitle E--Miscellaneous

SEC. 571. PRECEDENT.

    Congress finds that--
            (1) coordinated operations between the Central Valley 
        Project and the State Water Project, as consented to and 
        requested by the State of California and the Federal 
        Government, require the assertion of Federal supremacy to 
        protect existing water rights throughout the system, a 
        circumstance that is unique to the State of California; and
            (2) this title should not serve as precedent for similar 
        operations in any other State.

                 TITLE VI--REDUCING REGULATORY BURDENS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Reducing Regulatory Burdens Act of 
2012''.

SEC. 602. USE OF AUTHORIZED PESTICIDES.

    Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
            ``(5) Use of authorized pesticides.--Except as provided in 
        section 402(s) of the Federal Water Pollution Control Act (33 
        U.S.C. 1342(s)), the Administrator or a State may not require a 
        permit under that Act for a discharge from a point source into 
        navigable waters of a pesticide authorized for sale, 
        distribution, or use under this Act, or the residue of the 
        pesticide, resulting from the application of the pesticide.''.

SEC. 603. DISCHARGES OF PESTICIDES.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(s) Discharges of Pesticides.--
            ``(1) No permit requirement.--Except as provided in 
        paragraph (2), a permit shall not be required by the 
        Administrator or a State under this Act for a discharge from a 
        point source into navigable waters of a pesticide authorized 
        for sale, distribution, or use under the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), or the 
        residue of the pesticide, resulting from the application of the 
        pesticide.
            ``(2) Exceptions.--Paragraph (1) shall not apply to the 
        following discharges of a pesticide or pesticide residue:
                    ``(A) A discharge resulting from the application of 
                a pesticide in violation of a provision of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136 et seq.) that is relevant to protecting water 
                quality, if--
                            ``(i) the discharge would not have occurred 
                        but for the violation; or
                            ``(ii) the quantity of a pesticide or 
                        pesticide residue in the discharge is greater 
                        than would have occurred without the violation.
                    ``(B) Stormwater discharges subject to regulation 
                under subsection (p).
                    ``(C) The following discharges subject to 
                regulation under this section:
                            ``(i) Manufacturing or industrial effluent.
                            ``(ii) Treatment works effluent.
                            ``(iii) Discharges incidental to the normal 
                        operation of a vessel, including a discharge 
                        resulting from ballasting operations or vessel 
                        biofouling prevention.''.

               TITLE VII--FARM DUST REGULATION PREVENTION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Farm Dust Regulation Prevention 
Act of 2012''.

SEC. 702. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL AMBIENT 
              AIR QUALITY STANDARD APPLICABLE TO COARSE PARTICULATE 
              MATTER.

    Before the date that is 1 year after the date of enactment of this 
Act, the Administrator of the Environmental Protection Agency (referred 
to in this title as the ``Administrator'') may not propose, finalize, 
implement, or enforce any regulation revising the national primary 
ambient air quality standard or the national secondary ambient air 
quality standard applicable to particulate matter with an aerodynamic 
diameter greater than 2.5 micrometers under section 109 of the Clean 
Air Act (42 U.S.C. 7409).

SEC. 703. NUISANCE DUST.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is 
amended by adding at the end the following:

``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND 
              LOCAL GOVERNMENTS.

    ``(a) Definition of Nuisance Dust.--In this section:
            ``(1) In general.--The term `nuisance dust' means 
        particulate matter that--
                    ``(A) is generated primarily from natural sources, 
                unpaved roads, agricultural activities, earth moving, 
                or other activities typically conducted in rural areas;
                    ``(B) consists primarily of soil, other natural or 
                biological materials, or some combination of those 
                materials;
                    ``(C) is not emitted directly into the ambient air 
                from combustion, such as exhaust from combustion 
                engines and emissions from stationary combustion 
                processes; and
                    ``(D) is not comprised of residuals from the 
                combustion of coal.
            ``(2) Exclusion.--The term `nuisance dust' does not include 
        radioactive particulate matter produced from uranium mining or 
        processing.
    ``(b) Applicability.--Except as provided in subsection (c), this 
Act does not apply to, and references in this Act to particulate matter 
are deemed to exclude, nuisance dust.
    ``(c) Exception.--Subsection (a) does not apply with respect to any 
geographical area in which nuisance dust is not regulated under State, 
tribal, or local law insofar as the Administrator, in consultation with 
the Secretary of Agriculture, finds that--
            ``(1) nuisance dust (or any subcategory of nuisance dust) 
        causes substantial adverse public health and welfare effects at 
        ambient concentrations; and
            ``(2) the benefits of applying standards and other 
        requirements of this Act to nuisance dust (or a subcategory of 
        nuisance dust) outweigh the costs (including local and regional 
        economic and employment impacts) of applying those standards 
        and other requirements to nuisance dust (or a subcategory).''.

SEC. 704. SENSE OF CONGRESS.

    It is the sense of Congress that the Administrator should implement 
an approach to excluding so-called ``exceptional events'', or events 
that are not reasonably controllable or preventable, from 
determinations of whether an area is in compliance with any national 
ambient air quality standard applicable to coarse particulate matter 
that--
            (1) maximizes transparency and predictability for States, 
        Indian tribes, and local governments; and
            (2) minimizes the regulatory and cost burdens States, 
        Indian tribes, and local governments bear in excluding those 
        events.

SEC. 705. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY IN AGRICULTURE COMMUNITY.

    (a) Definitions.--In this section:
            (1) Covered action.--The term ``covered action'' means any 
        of the following actions taken by the Administrator under the 
        Clean Air Act (42 U.S.C. 7401 et seq.) relating to agriculture 
        and the national primary ambient air quality standard or the 
        national secondary ambient air quality standard for particulate 
        matter:
                    (A) Promulgating or issuing a regulation, policy 
                statement, guidance, response to a petition, or other 
                requirement.
                    (B) Implementing a new or substantially altered 
                program.
            (2) More than a de minimis negative impact.--The term 
        ``more than a de minimis negative impact'' means--
                    (A) with respect to employment levels, a loss of 
                more than 100 jobs relating to the agriculture 
                industry, as calculated by excluding consideration of 
                any offsetting job gains that result from the 
                hypothetical creation of new jobs through new 
                technologies or government employment; and
                    (B) with respect to economic activity, a decrease 
                in agricultural economic activity of more than 
                $1,000,000 over any calendar year, as calculated by 
                excluding consideration of any offsetting economic 
                activity that results from the hypothetical creation of 
                new economic activity through new technologies or 
                government employment.
    (b) Analysis of Impacts of Actions on Employment and Economic 
Activity in the Agriculture Community.--
            (1) Analysis.--Before taking a covered action, the 
        Administrator shall analyze the impact, disaggregated by State, 
        of the covered action on--
                    (A) employment levels in the agriculture industry; 
                and
                    (B) agricultural economic activity, including 
                estimated job losses and decreased economic activity 
                relating to agriculture.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall use the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 31 
                of each year, the Comptroller General of the United 
                States shall submit to Congress a report on the 
                economic models used by the Administrator to carry out 
                this subsection.
            (3) Availability of information.--With respect to any 
        covered action, the Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Internet website of the 
                Environmental Protection Agency;
                    (B) request the Secretary of Agriculture to post 
                the analysis under paragraph (1) as a link on the main 
                page of the public Internet website of the Department 
                of Agriculture; and
                    (C) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post the analysis on the main page of the public 
                Interest website of the State.
    (c) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a covered action will have more than a 
        de minimis negative impact on agricultural employment levels or 
        agricultural economic activity in a State, the Administrator 
        shall hold a public hearing in each such State at least 30 days 
        before the effective date of the covered action.
            (2) Time, location, and selection.--A public hearing 
        required under paragraph (1) shall be held at--
                    (A) a convenient time and location for impacted 
                residents; and
                    (B) at such location selected by the Administrator 
                as shall give priority to locations in the State that 
                will experience the greatest number of job losses.
    (d) Notification.--If the Administrator concludes under subsection 
(b)(1) that a covered action will have more than a de minimis negative 
impact on agricultural employment levels or agricultural economic 
activity in any State, the Administrator shall give notice of the 
impact to the congressional delegation, Governor, and legislature of 
the State at least 45 days before the effective date of the covered 
action.

                   TITLE VIII--ENERGY TAX PREVENTION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Energy Tax Prevention Act of 
2012''.

SEC. 802. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    ``(a) Definition.--In this section, the term `greenhouse gas' means 
any of the following:
            ``(1) Water vapor.
            ``(2) Carbon dioxide.
            ``(3) Methane.
            ``(4) Nitrous oxide.
            ``(5) Sulfur hexafluoride.
            ``(6) Hydrofluorocarbons.
            ``(7) Perfluorocarbons.
            ``(8) Any other substance subject to, or proposed to be 
        subject to, regulation, action, or consideration under this Act 
        to address climate change.
    ``(b) Limitation on Agency Action.--
            ``(1) Limitation.--
                    ``(A) In general.--The Administrator may not, under 
                this Act, promulgate any regulation concerning, take 
                action relating to, or take into consideration the 
                emission of a greenhouse gas to address climate change.
                    ``(B) Air pollutant definition.--The definition of 
                the term `air pollutant' in section 302(g) does not 
                include a greenhouse gas. Notwithstanding the previous 
                sentence, such definition may include a greenhouse gas 
                for purposes of addressing concerns other than climate 
                change.
            ``(2) Exceptions.--Paragraph (1) does not prohibit the 
        following:
                    ``(A) Notwithstanding paragraph (4)(B), 
                implementation and enforcement of the rule entitled 
                `Light-Duty Vehicle Greenhouse Gas Emission Standards 
                and Corporate Average Fuel Economy Standards' (75 Fed. 
                Reg. 25324 (May 7, 2010) and without further revision) 
                and finalization, implementation, enforcement, and 
                revision of the proposed rule entitled `Greenhouse Gas 
                Emissions Standards and Fuel Efficiency Standards for 
                Medium- and Heavy-Duty Engines and Vehicles' published 
                at 75 Fed. Reg. 74152 (November 30, 2010).
                    ``(B) Implementation and enforcement of section 
                211(o).
                    ``(C) Statutorily authorized Federal research, 
                development, and demonstration programs addressing 
                climate change.
                    ``(D) Implementation and enforcement of title VI to 
                the extent such implementation or enforcement only 
                involves one or more class I or class II substances (as 
                such terms are defined in section 601).
                    ``(E) Implementation and enforcement of section 821 
                (42 U.S.C. 7651k note) of Public Law 101-549 (commonly 
                referred to as the `Clean Air Act Amendments of 1990').
            ``(3) Inapplicability of provisions.--Nothing listed in 
        paragraph (2) shall cause a greenhouse gas to be subject to 
        part C of title I (relating to prevention of significant 
        deterioration of air quality) or considered an air pollutant 
        for purposes of title V (relating to air permits).
            ``(4) Certain prior agency actions.--The following rules, 
        and actions (including any supplement or revision to such rules 
        and actions) are repealed and shall have no legal effect:
                    ``(A) `Mandatory Reporting of Greenhouse Gases', 
                published at 74 Fed. Reg. 56260 (October 30, 2009).
                    ``(B) `Endangerment and Cause or Contribute 
                Findings for Greenhouse Gases under section 202(a) of 
                the Clean Air Act' published at 74 Fed. Reg. 66496 
                (Dec. 15, 2009).
                    ``(C) `Reconsideration of the Interpretation of 
                Regulations That Determine Pollutants Covered by Clean 
                Air Act Permitting Programs' published at 75 Fed. Reg. 
                17004 (April 2, 2010) and the memorandum from Stephen 
                L. Johnson, Environmental Protection Agency (EPA) 
                Administrator, to EPA Regional Administrators, 
                concerning `EPA's Interpretation of Regulations that 
                Determine Pollutants Covered by Federal Prevention of 
                Significant Deterioration (PSD) Permit Program' (Dec. 
                18, 2008).
                    ``(D) `Prevention of Significant Deterioration and 
                Title V Greenhouse Gas Tailoring Rule', published at 75 
                Fed. Reg. 31514 (June 3, 2010).
                    ``(E) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Substantial Inadequacy and SIP Call', published at 
                75 Fed. Reg. 77698 (December 13, 2010).
                    ``(F) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Failure to Submit State Implementation Plan 
                Revisions Required for Greenhouse Gases', published at 
                75 Fed. Reg. 81874 (December 29, 2010).
                    ``(G) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Federal 
                Implementation Plan', published at 75 Fed. Reg. 82246 
                (December 30, 2010).
                    ``(H) `Action To Ensure Authority To Implement 
                Title V Permitting Programs Under the Greenhouse Gas 
                Tailoring Rule', published at 75 Fed. Reg. 82254 
                (December 30, 2010).
                    ``(I) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program', 
                published at 75 Fed. Reg. 82430 (December 30, 2010).
                    ``(J) `Limitation of Approval of Prevention of 
                Significant Deterioration Provisions Concerning 
                Greenhouse Gas Emitting-Sources in State Implementation 
                Plans; Final Rule', published at 75 Fed. Reg. 82536 
                (December 30, 2010).
                    ``(K) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program; 
                Proposed Rule', published at 75 Fed. Reg. 82365 
                (December 30, 2010).
                    ``(L) Except for action listed in paragraph (2), 
                any other Federal action under this Act occurring 
                before the date of enactment of this section that 
                applies a stationary source permitting requirement or 
                an emissions standard for a greenhouse gas to address 
                climate change.
            ``(5) State action.--
                    ``(A) No limitation.--This section does not limit 
                or otherwise affect the authority of a State to adopt, 
                amend, enforce, or repeal State laws and regulations 
                pertaining to the emission of a greenhouse gas.
                    ``(B) Exception.--
                            ``(i) Rule.--Notwithstanding subparagraph 
                        (A), any provision described in clause (ii)--
                                    ``(I) is not federally enforceable;
                                    ``(II) is not deemed to be a part 
                                of Federal law; and
                                    ``(III) is deemed to be stricken 
                                from the plan described in clause 
                                (ii)(I) or the program or permit 
                                described in clause (ii)(II), as 
                                applicable.
                            ``(ii) Provisions defined.--For purposes of 
                        clause (i), the term `provision' means any 
                        provision that--
                                    ``(I) is contained in a State 
                                implementation plan under section 110 
                                and authorizes or requires a limitation 
                                on, or imposes a permit requirement 
                                for, the emission of a greenhouse gas 
                                to address climate change; or
                                    ``(II) is part of an operating 
                                permit program under title V, or a 
                                permit issued pursuant to title V, and 
                                authorizes or requires a limitation on 
                                the emission of a greenhouse gas to 
                                address climate change.
                    ``(C) Action by administrator.--The Administrator 
                may not approve or make federally enforceable any 
                provision described in subparagraph (B)(ii).''.

SEC. 803. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

    Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by 
adding at the end the following:
            ``(4) With respect to standards for emissions of greenhouse 
        gases (as defined in section 330) for model year 2017 or any 
        subsequent model year for new motor vehicles and new motor 
        vehicle engines--
                    ``(A) the Administrator may not waive application 
                of subsection (a); and
                    ``(B) no waiver granted prior to the date of 
                enactment of this paragraph may be considered to waive 
                the application of subsection (a).''.
                                 <all>