[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2086 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2086

   To direct the Secretary of Commerce, with the Oakdale Irrigation 
District and the South San Joaquin Irrigation District, California, to 
develop and conduct a pilot program to remove nonnative predator fishes 
     from the Stanislaus River, California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2015

Mr. Denham (for himself, Mr. LaMalfa, Mr. Calvert, Mr. McClintock, Mr. 
Nunes, and Mr. Costa) introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Commerce, with the Oakdale Irrigation 
District and the South San Joaquin Irrigation District, California, to 
develop and conduct a pilot program to remove nonnative predator fishes 
     from the Stanislaus River, California, 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. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE 
              STANISLAUS RIVER, CALIFORNIA.

    (a) Establishment of Nonnative Predator Fish Removal Pilot 
Program.--The Secretary of Commerce and the districts, in consultation 
with the United States Fish and Wildlife Service, shall jointly develop 
and conduct a nonnative predator fish removal pilot program to remove 
nonnative striped bass, smallmouth bass, largemouth bass, black bass, 
and other nonnative predator fishes from the Stanislaus River, 
California. 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) among other methods, use wire fyke trapping, portable 
        resistance board weirs, and boat electrofishing;
            (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 as quickly as possible 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 7 consecutive calendar 
        years.
    (b) Management.--The management of the pilot program shall be the 
joint responsibility of the Secretary and the districts. Such parties 
shall work collaboratively to ensure 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.--By agreement between the Secretary and 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 National Marine Fisheries Service, or a combination 
        thereof.
            (2) Participation by the national marine fisheries 
        service.--If the districts elect to conduct the program using 
        their own personnel or qualified private contractors hired by 
        them in accordance with paragraph (1), the Secretary may assign 
        an employee of, on loan to, or otherwise assigned to the 
        National Marine Fisheries Service, to be present for all 
        activities performed in the field. Such presence shall ensure 
        compliance with the agreed-upon elements specified in 
        subsection (b). The districts shall pay the cost of such 
        participation in accordance with subsection (d).
            (3) Timing of election.--The districts shall notify the 
        Secretary of their election on or before October 15 of each 
        calendar year of the pilot program. Such an election shall 
        apply to the work performed in the subsequent calendar year.
    (d) Funding.--
            (1) In general.--The districts shall be responsible for 100 
        percent of the cost of the pilot program.
            (2) Contributed funds.--The Secretary may accept and use 
        contributions of funds from the districts to carry out 
        activities under the pilot program.
            (3) Estimation of cost.--On or before December 1 of each 
        year of the pilot program, the Secretary shall submit to the 
        districts an estimate of the cost to be incurred by the 
        National Marine Fisheries Service for the pilot program 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 through contributions pursuant 
        to paragraph (2) before December 31 of that year--
                    (A) the Secretary shall have no obligation to 
                conduct the pilot program activities otherwise 
                scheduled for such following calendar year until such 
                amount is contributed by the districts; and
                    (B) the districts may not conduct any aspect of the 
                pilot program until such amount is contributed by the 
                districts.
            (4) Accounting.--On or before September 1 of each year, the 
        Secretary shall provide to the districts an accounting of the 
        costs incurred by the Secretary for the pilot program in the 
        preceding calendar year. If the amount contributed by the 
        districts pursuant to paragraph (2) for that year was greater 
        than the costs incurred by the Secretary, the Secretary shall--
                    (A) apply the excess contributions to costs of 
                activities to be performed by the Secretary under the 
                pilot program, if any, in the next calendar year; or
                    (B) if no such activities are to be performed, 
                repay the excess contribution to the districts.
    (e) Reporting and Evaluation.--
            (1) In general.--On or before the 15th day of each month, 
        the Secretary shall post on the Internet website of the 
        National Marine Fisheries Service a tabular summary of the raw 
        data collected under the pilot program in the preceding month.
            (2) Report.--On or before June 30 of the year following the 
        completion of the pilot program, the Secretary and the 
        districts shall jointly submit for peer review a 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) Requirement.--Not later than 180 days after the filing 
        by the Secretary and the districts of an application for 
        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 pilot program, the Secretary of the 
        Interior, the Secretary of Commerce, or both, as appropriate, 
        shall issue to the National Marine Fisheries Service and the 
        districts all such permits that are necessary for the 
        performance of the pilot program. Each such permit shall 
        authorize activities under the permits to be carried out by the 
        districts and by the National Marine Fisheries Service.
            (2) Delegation of authority.--The districts and the 
        Secretary may delegate the authority to conduct activities 
        under such permits to any qualified private contractor retained 
        in accordance with subsection (c).
            (3) Failure to issue permits.--The pilot program, including 
        amendments thereto by the appropriate Federal agencies, shall 
        constitute a conservation plan that complies with section 
        10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
        1539(a)(2)) if the Secretaries have not carried out paragraph 
        (1) within 270 days after the filling of an application in 
        accordance with such paragraph.
            (4) Treatment of striped bass.--For purposes of the 
        application of the Central Valley Project Improvement Act 
        (title III of Public Law 102-575) with respect to the pilot 
        program, striped bass shall not be treated as anadromous fish.
    (g) NEPA.--
            (1) Limitation on application.--If the Secretaries have not 
        carried out subsection (f)(1) within 365 days after the filing 
        by the Secretary of Commerce and the districts of an 
        application referred to in that subsection, 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 this section and 
        the issuance of any permit under this section, during the 7-
        year period beginning on the date of the submission of such 
        application.
            (2) Emergency environmental reviews.--The Secretary of the 
        Interior and the Secretary of Commerce shall consult with the 
        Council on Environmental Quality in accordance with section 
        1506.11 of title 40, Code of Federal Regulations (including 
        successor regulations) to develop alternative arrangements to 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), as necessary to expedite the benefits of 
        the pilot program for the conservation of threatened species 
        and endangered species.
    (h) Definitions.--For the purposes of this section:
            (1) Districts.--The term ``districts'' means the Oakdale 
        Irrigation District and the South San Joaquin Irrigation 
        District, California.
            (2) Pilot program.--The term ``pilot program'' means the 
        nonnative predator fish removal pilot program established under 
        this section.
            (3) Secretary of commerce.--The term ``Secretary of 
        Commerce'' means the Secretary of Commerce acting through the 
        National Marine Fisheries Service.
    (i) State Law Preempted.--
            (1) In general.--Any restriction imposed under California 
        law on the catch, take, or harvest of any nonnative or 
        introduced aquatic or terrestrial species that preys upon 
        anadromous fish and that occupies or is found in the Stanislaus 
        River, or the permitting thereof, is hereby void and is 
        preempted.
            (2) State permits not required.--Neither the districts nor 
        the Secretaries are required to obtain a Scientific Collection 
        Permit or any other permit or authorization from the California 
        Department of Fish and Wildlife or any other division or 
        instrumentality of the State of California pursuant to section 
        1002(a) of the California Fish and Game Code, section 5514(a) 
        of the California Fish and Game Code, section 650 or title 14 
        of the California Code of Regulations, or any other provision 
        of California law to implement any aspect of the pilot program.
    (j) Sunset.--The authorities provided under this section shall 
expire 7 years after date of the issuance of the permits referred to in 
subsection (f)(1).
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