[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2705 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2705

 To develop a pilot program to remove non-native predator fishes from 
the Stanislaus River to protect the native anadromous fishery resources 
  affected by the operation of the New Melones Unit of the East Side 
    Division of the Central Valley Project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2013

  Mr. Denham introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To develop a pilot program to remove non-native predator fishes from 
the Stanislaus River to protect the native anadromous fishery resources 
  affected by the operation of the New Melones Unit of the East Side 
    Division of the Central Valley Project, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stanislaus River Native Anadromous 
Fish Improvement Act''.

SEC. 2. PILOT PROGRAM TO PROTECT ANADROMOUS FISH IN THE STANISLAUS 
              RIVER.

    (a) Establishment of Non-Native Predator Fish Removal Program.--The 
Commissioner and districts, in consultation with the National Marine 
Fisheries Service, the United States Fish and Wildlife Service, and the 
California Department of Fish and Wildlife, shall jointly develop and 
conduct a pilot non-native predator fish removal program to remove non-
native striped bass, smallmouth bass, largemouth bass, black bass, and 
other non-native predator fishes from the Stanislaus River. The pilot 
program shall--
            (1) be scientifically based;
            (2) include methods to quantify the number and size of 
        predator fishes removed each year, the impact of such removal 
        on the overall abundance of predator fishes, and the impact of 
        such removal on the populations of juvenile anadromous fish 
        found in the Stanislaus River by, among other things, 
        evaluating the number of juvenile anadromous fish that migrate 
        past the rotary screw trap located at Caswell;
            (3) use wire fyke trapping, portable resistance board 
        weirs, and boat electrofishing, which are the most effective 
        predator collection techniques that minimize affects to native 
        anadromous fish;
            (4) be developed, including the application for all 
        necessary scientific research and species enhancement permits 
        under section 10(a)(1) of the Endangered Species Act of 1973 
        (16 U.S.C. 1539(a)(1)), for the performance of the pilot 
        program, not later than 6 months after the date of the 
        enactment of this Act;
            (5) be implemented on the first business day of the 
        calendar year following the issuance of all necessary 
        scientific research and species enhancement permits needed to 
        begin the pilot program; and
            (6) be implemented for a period of five consecutive 
        calendar years.
    (b) Management.--The management of the pilot program shall be the 
joint responsibility of the Commissioner and the districts. Such 
parties shall work collaboratively to insure the performance of the 
pilot program, and shall discuss and agree upon, among other things, 
changes in the structure, management, personnel, techniques, strategy, 
data collection, reporting, and conduct of the pilot program.
    (c) Conduct.--
            (1) In general.--At the election of the districts, the 
        pilot program may be conducted by their own personnel, 
        qualified private contractors hired by the districts, personnel 
        of, on loan to, or otherwise assigned to the Bureau of 
        Reclamation, or a combination thereof.
            (2) Participation by bureau of reclamation.--In the event 
        the districts elect to conduct the program using their own 
        personnel or qualified private contractors hired by them, the 
        Commissioner has the option to assign an employee of, on loan 
        to, or otherwise assigned to the Bureau of Reclamation, to be 
        present for all activities performed in the field. Such 
        presence shall insure compliance with the agreed upon elements 
        specified in subsection (b). The districts shall pay 100 
        percent of the cost of such participation as specified in 
        subsection (d).
            (3) Timing of election.--The districts shall notify the 
        Commissioner of their election on or before October 15 of each 
        calendar year of the pilot program, which election shall apply 
        to the work performed in the subsequent calendar year.
    (d) Funding.--
            (1) Annual funding.--The districts shall be responsible for 
        100 percent of the cost of the pilot program. On or before 
        December 1 of each year of the pilot program, the Commissioner 
        shall submit to the districts an estimate of the cost to be 
        incurred by the Bureau of Reclamation in the following calendar 
        year, if any, including the cost of any data collection and 
        posting under subsection (e). If an amount equal to the 
        estimate is not provided to the reclamation fund identified in 
        section 3 of the Act of February 21, 1911 (43 U.S.C. 525), by 
        the districts on or before December 31 of each year--
                    (A) the Bureau of Reclamation shall have no 
                obligation to conduct the pilot program activities 
                otherwise scheduled until full payment is made by the 
                districts; and
                    (B) the districts shall be prohibited from 
                conducting any aspect of the pilot program until full 
                payment is made by the districts.
            (2) Accounting.--On or before September 1 of each calendar 
        year, the Commissioner shall provide an accounting of the prior 
        calendar year's expenses to the districts. If the estimate paid 
        by the districts was less than the actual costs incurred by the 
        Bureau of Reclamation, the districts shall have until September 
        30 of that calendar year to pay the difference to the 
        reclamation fund. If the estimate paid by the districts was 
        greater than the actual costs incurred by the Bureau of 
        Reclamation, then a credit shall be provided to the districts, 
        which shall be deducted from the estimate payment the districts 
        must make for the work performed by the Bureau of Reclamation, 
        if any, in the next calendar year.
    (e) Reporting and Evaluation.--
            (1) In general.--On or before the 15th day of each month, 
        the Commissioner shall post on the Web site of the Bureau of 
        Reclamation a tabular summary of the raw data collected in the 
        prior month.
            (2) Report.--On or before June 30 of the calendar year 
        following the completion of the program, the Commissioner and 
        districts shall jointly publish a peer reviewed report that--
                    (A) discusses the findings and conclusions of the 
                pilot program;
                    (B) synthesizes the data collected under paragraph 
                (1); and
                    (C) makes recommendations for further study and 
                action.
    (f) Permits Process.--
            (1) Not later than 180 days after filing of an application 
        by the Commissioner and the districts, the Secretary of the 
        Interior, the Secretary of Commerce, or both, as appropriate, 
        shall issue all necessary scientific research and species 
        enhancement permits under section 10(a)(1) of the Endangered 
        Species Act (16 U.S.C. 153(9)(a)(1)), for the performance of 
        the pilot program.
            (2) Any permit application that is not approved by the 
        Secretary of the Interior, Secretary of Commerce, or both, as 
        appropriate, for any reason, within 180 days after receiving 
        the application, shall be deemed approved.
            (3) All permits issued shall be in the name of the Bureau 
        of Reclamation and the districts.
            (4) Districts may delegate the authority to administer the 
        permit authority to any qualified private contractor retained 
        in accordance with subsection (c).
            (5) The pilot program, including amendments thereto by the 
        appropriate Federal and State agencies, shall constitute a 
        conservation plan that complies with the requirements of 
        section 10(a)(2) of the Endangered Species Act of 1973 (16 
        U.S.C. 1539(a)(2)).
    (g) NEPA.--Section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to 
section 2 and the issuance of any permit under this subsection during 
the seven-year period beginning on the date of the implementation of 
the pilot program.

SEC. 3. RESTRICTIONS.

    Any restriction imposed under California law on the catch, take, or 
harvest of any non-native or introduced aquatic or terrestrial species 
that preys upon anadromous fish and that occupies or is found in the 
Stanislaus River is hereby void and is preempted.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Anadromous fish.--
                    (A) The term ``anadromous fish'' as applied to the 
                Stanislaus River and the operation of New Melones--
                            (i) means those native stocks of salmon 
                        (including steelhead) that--
                                    (I) as of October 30, 1992, were 
                                present in and had not been extirpated 
                                from the Stanislaus River; and
                                    (II) which ascend the Stanislaus 
                                River to reproduce after maturing in 
                                San Francisco Bay or the Pacific Ocean; 
                                and
                            (ii) does not mean any stock, strain or 
                        member of American shad, sockeye salmon, or 
                        striped bass.
                    (B) The definition of anadromous fish provided in 
                section 3403(a) of the Central Valley Project 
                Improvement Act (Public Law 102-575) shall not apply to 
                the operation of New Melones Dam and Reservoir, or to 
                any Federal action in the Stanislaus River.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (3) Districts.--The term ``districts'' means the Oakdale 
        Irrigation District and the South San Joaquin Irrigation 
        District.
            (4) Pilot program.--The term ``pilot program'' means the 
        pilot non-native predator removal program established under 
        section 2(b).

SEC. 5. SUNSET.

    This Act and the authorities provided under this Act shall expire 7 
years after implementation of the pilot program begins.
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