[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Reported in House (RH)]

                                                 Union Calendar No. 146
114th CONGRESS
  1st Session
                                H. R. 2898

                      [Report No. 114-197, Part I]

  To provide drought relief in the State of California, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2015

  Mr. Valadao (for himself, Mr. McCarthy, Mr. Calvert, Mr. Nunes, Mr. 
 LaMalfa, Mr. Denham, Mr. McClintock, Mr. Joyce, Mr. Diaz-Balart, Mr. 
    Stewart, Mr. Simpson, Mr. Knight, Mr. Cook, Mr. Rodney Davis of 
Illinois, Mrs. Mimi Walters of California, Mr. Rohrabacher, Mr. Hunter, 
 Mr. Royce, Mr. Issa, Mr. Zinke, Mr. Costa, Mr. Amodei, Mr. Hardy, Mr. 
 Tipton, Mr. Newhouse, and Mrs. Lummis) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                             July 13, 2015

                     Additional sponsor: Mr. Gosar

                             July 13, 2015

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 13, 2015

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               25, 2015]


_______________________________________________________________________

                                 A BILL


 
  To provide drought relief in the State of 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Western Water and 
American Food Security Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME 
                     MONITORING AND UPDATED SCIENCE

Sec. 101. Definitions.
Sec. 102. Revise incidental take level calculation for delta smelt to 
                            reflect new science.
Sec. 103. Factoring increased real-time monitoring and updated science 
                            into Delta smelt management.

  TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE

Sec. 201. Definitions.
Sec. 202. Process for ensuring salmonid management is responsive to new 
                            science.
Sec. 203. Non-Federal program to protect native anadromous fish in the 
                            Stanislaus River.
Sec. 204. Pilot projects to implement calfed invasive species program.

         TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

Sec. 301. Definitions.
Sec. 302. Operational flexibility in times of drought.
Sec. 303. Operation of cross-channel gates.
Sec. 304. Flexibility for export/inflow ratio.
Sec. 305. Emergency environmental reviews.
Sec. 306. Increased flexibility for regular project operations.
Sec. 307. Temporary operational flexibility for first few storms of the 
                            water year.
Sec. 308. Expediting water transfers.
Sec. 309. Additional emergency consultation.
Sec. 310. Additional storage at New Melones.
Sec. 311. Regarding the operation of Folsom Reservoir.
Sec. 312. Applicants.
Sec. 313. San Joaquin River settlement.
Sec. 314. Program for water rescheduling.

              TITLE IV--CALFED STORAGE FEASIBILITY STUDIES

Sec. 401. Studies.
Sec. 402. Temperance Flat.
Sec. 403. CALFED storage accountability.
Sec. 404. Water storage project construction.

                   TITLE V--WATER RIGHTS PROTECTIONS

Sec. 501. Offset for State Water Project.
Sec. 502. Area of origin protections.
Sec. 503. No redirected adverse impacts.
Sec. 504. Allocations for Sacramento Valley contractors.
Sec. 505. Effect on existing obligations.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Authorized service area.
Sec. 602. Oversight board for Restoration Fund.
Sec. 603. Water supply accounting.
Sec. 604. Implementation of water replacement plan.
Sec. 605. Natural and artificially spawned species.
Sec. 606. Transfer the New Melones Unit, Central Valley Project to 
                            interested providers.
Sec. 607. Basin studies.
Sec. 608. Operations of the Trinity River Division.
Sec. 609. Amendment to purposes.
Sec. 610. Amendment to definition.

                 TITLE VII--WATER SUPPLY PERMITTING ACT

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Establishment of lead agency and cooperating agencies.
Sec. 704. Bureau responsibilities.
Sec. 705. Cooperating agency responsibilities.
Sec. 706. Funding to process permits.

         TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Acceleration of studies.
Sec. 804. Expedited completion of reports.
Sec. 805. Project acceleration.
Sec. 806. Annual report to Congress.

  TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE 
                              ENHANCEMENT

Sec. 901. Short title.
Sec. 902. Prepayment of certain repayment contracts between the United 
                            States and contractors of federally 
                            developed water supplies.

                        TITLE X--SAFETY OF DAMS

Sec. 1001. Authorization of additional project benefits.

                   TITLE XI--WATER RIGHTS PROTECTION

Sec. 1101. Short title.
Sec. 1102. Definition of water right.
Sec. 1103. Treatment of water rights.
Sec. 1104. Recognition of State authority.
Sec. 1105. Effect of title.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) As established in the Proclamation of a State of 
        Emergency issued by the Governor of the State on January 17, 
        2014, the State is experiencing record dry conditions.
            (2) Extremely dry conditions have persisted in the State 
        since 2012, and the drought conditions are likely to persist 
        into the future.
            (3) The water supplies of the State are at record-low 
        levels, as indicated by the fact that all major Central Valley 
        Project reservoir levels were at 20-35 percent of capacity as 
        of September 25, 2014.
            (4) The lack of precipitation has been a significant 
        contributing factor to the 6,091 fires experienced in the State 
        as of September 15, 2014, and which covered nearly 400,000 
        acres.
            (5) According to a study released by the University of 
        California, Davis in July 2014, the drought has led to the 
        fallowing of 428,000 acres of farmland, loss of $810 million in 
        crop revenue, loss of $203 million in dairy and other livestock 
        value, and increased groundwater pumping costs by $454 million. 
        The statewide economic costs are estimated to be $2.2 billion, 
        with over 17,000 seasonal and part-time agricultural jobs lost.
            (6) CVPIA Level II water deliveries to refuges have also 
        been reduced by 25 percent in the north of Delta region, and by 
        35 percent in the south of Delta region.
            (7) Only one-sixth of the usual acres of rice fields are 
        being flooded this fall, which leads to a significant decline 
        in habitat for migratory birds and an increased risk of disease 
        at the remaining wetlands due to overcrowding of such birds.
            (8) The drought of 2013 through 2014 constitutes a serious 
        emergency that poses immediate and severe risks to human life 
        and safety and to the environment throughout the State.
            (9) The serious emergency described in paragraph (4) 
        requires--
                    (A) immediate and credible action that respects the 
                complexity of the water system of the State and the 
                importance of the water system to the entire State; and
                    (B) policies that do not pit stakeholders against 
                one another, which history shows only leads to costly 
                litigation that benefits no one and prevents any real 
                solutions.
            (10) Data on the difference between water demand and 
        reliable water supplies for various regions of California south 
        of the Delta, including the San Joaquin Valley, indicate there 
        is a significant annual gap between reliable water supplies to 
        meet agricultural, municipal and industrial, groundwater, and 
        refuges water needs within the Delta Division, San Luis Unit 
        and Friant Division of the Central Valley Project and the State 
        Water Project south of the Sacramento-San Joaquin River Delta 
        and the demands of those areas. This gap varies depending on 
        the methodology of the analysis performed, but can be 
        represented in the following ways:
                    (A) For Central Valley Project South-of-Delta water 
                service contractors, if it is assumed that a water 
                supply deficit is the difference in the amount of water 
                available for allocation versus the maximum contract 
                quantity, then the water supply deficits that have 
                developed from 1992 to 2014 as a result of legislative 
                and regulatory changes besides natural variations in 
                hydrology during this timeframe range between 720,000 
                and 1,100,000 acre-feet.
                    (B) For Central Valley Project and State Water 
                Project water service contractors south of the Delta 
                and north of the Tehachapi mountain range, if it is 
                assumed that a water supply deficit is the difference 
                between reliable water supplies, including maximum 
                water contract deliveries, safe yield of groundwater, 
                safe yield of local and surface supplies and long-term 
                contracted water transfers, and water demands, 
                including water demands from agriculture, municipal and 
                industrial and refuge contractors, then the water 
                supply deficit ranges between approximately 2,500,000 
                to 2,700,000 acre-feet.
            (11) Data of pumping activities at the Central Valley 
        Project and State Water Project delta pumps identifies that, on 
        average from Water Year 2009 to Water Year 2014, take of Delta 
        smelt is 80 percent less than allowable take levels under the 
        biological opinion issued December 15, 2008.
            (12) Data of field sampling activities of the Interagency 
        Ecological Program located in the Sacramento-San Joaquin 
        Estuary identifies that, on average from 2005 to 2013, the 
        program ``takes'' 3,500 delta smelt during annual surveys with 
        an authorized ``take'' level of 33,480 delta smelt annually--
        according to the biological opinion issued December 9, 1997.
            (13) In 2015, better information exists than was known in 
        2008 concerning conditions and operations that may or may not 
        lead to high salvage events that jeopardize the fish 
        populations, and what alternative management actions can be 
        taken to avoid jeopardy.
            (14) Alternative management strategies, removing non-native 
        species, enhancing habitat, monitoring fish movement and 
        location in real-time, and improving water quality in the Delta 
        can contribute significantly to protecting and recovering these 
        endangered fish species, and at potentially lower costs to 
        water supplies.
            (15) Resolution of fundamental policy questions concerning 
        the extent to which application of the Endangered Species Act 
        of 1973 affects the operation of the Central Valley Project and 
        State Water Project is the responsibility of Congress.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Delta.--The term ``Delta'' means the Sacramento-San 
        Joaquin Delta and the Suisun Marsh, as defined in sections 
        12220 and 29101 of the California Public Resources Code.
            (2) Export pumping rates.--The term ``export pumping 
        rates'' means the rates of pumping at the C.W. ``Bill'' Jones 
        Pumping Plant and the Harvey O. Banks Pumping Plant, in the 
        southern Delta.
            (3) Listed fish species.--The term ``listed fish species'' 
        means listed salmonid species and the Delta smelt.
            (4) Listed salmonid species.--The term ``listed salmonid 
        species'' means natural origin steelhead, natural origin 
        genetic spring run Chinook, and genetic winter run Chinook 
        salmon including hatchery steelhead or salmon populations 
        within the evolutionary significant unit (ESU) or distinct 
        population segment (DPS).
            (5) Negative impact on the long-term survival.--The term 
        ``negative impact on the long-term survival'' means to reduce 
        appreciably the likelihood of the survival of a listed species 
        in the wild by reducing the reproduction, numbers, or 
        distribution of that species.
            (6) OMR.--The term ``OMR'' means the Old and Middle River 
        in the Delta.
            (7) OMR flow of -5,000 cubic feet per second.--The term 
        ``OMR flow of -5,000 cubic feet per second'' means Old and 
        Middle River flow of negative 5,000 cubic feet per second as 
        described in--
                    (A) the smelt biological opinion; and
                    (B) the salmonid biological opinion.
            (8) Salmonid biological opinion.--The term ``salmonid 
        biological opinion'' means the biological opinion issued by the 
        National Marine Fisheries Service on June 4, 2009.
            (9) Smelt biological opinion.--The term ``smelt biological 
        opinion'' means the biological opinion on the Long-Term 
        Operational Criteria and Plan for coordination of the Central 
        Valley Project and State Water Project issued by the United 
        States Fish and Wildlife Service on December 15, 2008.
            (10) State.--The term ``State'' means the State of 
        California.

TITLE I--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME 
                     MONITORING AND UPDATED SCIENCE

SEC. 101. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (2) Delta smelt.--The term ``Delta smelt'' means the fish 
        species with the scientific name Hypomesus transpacificus.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.

SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION FOR DELTA SMELT TO 
              REFLECT NEW SCIENCE.

    (a) Review and Modification.--Not later than October 1, 2016, and 
at least every five years thereafter, the Director, in cooperation with 
other Federal, State, and local agencies, shall use the best scientific 
and commercial data available to complete a review and, modify the 
method used to calculate the incidental take levels for adult and 
larval/juvenile Delta smelt in the smelt biological opinion that takes 
into account all life stages, among other considerations--
            (1) salvage information collected since at least 1993;
            (2) updated or more recently developed statistical models;
            (3) updated scientific and commercial data; and
            (4) the most recent information regarding the environmental 
        factors affecting Delta smelt salvage.
    (b) Modified Incidental Take Level.--Unless the Director determines 
in writing that one or more of the requirements described in paragraphs 
(1) through (4) are not appropriate, the modified incidental take level 
described in subsection (a) shall--
            (1) be normalized for the abundance of prespawning adult 
        Delta smelt using the Fall Midwater Trawl Index or other index;
            (2) be based on a simulation of the salvage that would have 
        occurred from 1993 through 2012 if OMR flow has been consistent 
        with the smelt biological opinions;
            (3) base the simulation on a correlation between annual 
        salvage rates and historic water clarity and OMR flow during 
        the adult salvage period; and
            (4) set the incidental take level as the 80 percent upper 
        prediction interval derived from simulated salvage rates since 
        at least 1993.

SEC. 103. FACTORING INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 
              INTO DELTA SMELT MANAGEMENT.

    (a) In General.--The Director shall use the best scientific and 
commercial data available to implement, continuously evaluate, and 
refine or amend, as appropriate, the reasonable and prudent alternative 
described in the smelt biological opinion, and any successor opinions 
or court order. The Secretary shall make all significant decisions 
under the smelt biological opinion, or any successor opinions that 
affect Central Valley Project and State Water Project operations, in 
writing, and shall document the significant facts upon which such 
decisions are made, consistent with section 706 of title 5, United 
States Code.
    (b) Increased Monitoring To Inform Real-Time Operations.--The 
Secretary shall conduct additional surveys, on an annual basis at the 
appropriate time of the year based on environmental conditions, in 
collaboration with other Delta science interests.
            (1) In implementing this section, the Secretary shall--
                    (A) use the most accurate survey methods available 
                for the detection of Delta smelt to determine the 
                extent that adult Delta smelt are distributed in 
                relation to certain levels of turbidity, or other 
                environmental factors that may influence salvage rate; 
                and
                    (B) use results from appropriate survey methods for 
                the detection of Delta smelt to determine how the 
                Central Valley Project and State Water Project may be 
                operated more efficiently to minimize salvage while 
                maximizing export pumping rates without causing a 
                significant negative impact on the long-term survival 
                of the Delta smelt.
            (2) During the period beginning on December 1, 2015, and 
        ending March 31, 2016, and in each successive December through 
        March period, if suspended sediment loads enter the Delta from 
        the Sacramento River and the suspended sediment loads appear 
        likely to raise turbidity levels in the Old River north of the 
        export pumps from values below 12 Nephelometric Turbidity Units 
        (NTU) to values above 12 NTU, the Secretary shall--
                    (A) conduct daily monitoring using appropriate 
                survey methods at locations including, but not limited 
                to, the vicinity of Station 902 to determine the extent 
                that adult Delta smelt are moving with turbidity toward 
                the export pumps; and
                    (B) use results from the monitoring surveys 
                referenced in paragraph (A) to determine how increased 
                trawling can inform daily real-time Central Valley 
                Project and State Water Project operations to minimize 
                salvage while maximizing export pumping rates without 
                causing a significant negative impact on the long-term 
                survival of the Delta smelt.
    (c) Periodic Review of Monitoring.--Within 12 months of the date of 
enactment of this title, and at least once every 5 years thereafter, 
the Secretary shall--
            (1) evaluate whether the monitoring program under 
        subsection (b), combined with other monitoring programs for the 
        Delta, is providing sufficient data to inform Central Valley 
        Project and State Water Project operations to minimize salvage 
        while maximizing export pumping rates without causing a 
        significant negative impact on the long-term survival of the 
        Delta smelt; and
            (2) determine whether the monitoring efforts should be 
        changed in the short or long term to provide more useful data.
    (d) Delta Smelt Distribution Study.--
            (1) In general.--No later than January 1, 2016, and at 
        least every five years thereafter, the Secretary, in 
        collaboration with the California Department of Fish and 
        Wildlife, the California Department of Water Resources, public 
        water agencies, and other interested entities, shall implement 
        new targeted sampling and monitoring specifically designed to 
        understand Delta smelt abundance, distribution, and the types 
        of habitat occupied by Delta smelt during all life stages.
            (2) Sampling.--The Delta smelt distribution study shall, at 
        a minimum--
                    (A) include recording water quality and tidal data;
                    (B) be designed to understand Delta smelt 
                abundance, distribution, habitat use, and movement 
                throughout the Delta, Suisun Marsh, and other areas 
                occupied by the Delta smelt during all seasons;
                    (C) consider areas not routinely sampled by 
                existing monitoring programs, including wetland 
                channels, near-shore water, depths below 35 feet, and 
                shallow water; and
                    (D) use survey methods, including sampling gear, 
                best suited to collect the most accurate data for the 
                type of sampling or monitoring.
    (e) Scientifically Supported Implementation of OMR Flow 
Requirements.--In implementing the provisions of the smelt biological 
opinion, or any successor biological opinion or court order, pertaining 
to management of reverse flow in the Old and Middle Rivers, the 
Secretary shall--
            (1) consider the relevant provisions of the biological 
        opinion or any successor biological opinion;
            (2) to maximize Central Valley project and State Water 
        Project water supplies, manage export pumping rates to achieve 
        a reverse OMR flow rate of -5,000 cubic feet per second unless 
        information developed by the Secretary under paragraphs (3) and 
        (4) leads the Secretary to reasonably conclude that a less 
        negative OMR flow rate is necessary to avoid a negative impact 
        on the long-term survival of the Delta smelt. If information 
        available to the Secretary indicates that a reverse OMR flow 
        rate more negative than -5,000 cubic feet per second can be 
        established without an imminent negative impact on the long-
        term survival of the Delta smelt, the Secretary shall manage 
        export pumping rates to achieve that more negative OMR flow 
        rate;
            (3) document in writing any significant facts about real-
        time conditions relevant to the determinations of OMR reverse 
        flow rates, including--
                    (A) whether targeted real-time fish monitoring in 
                the Old River pursuant to this section, including 
                monitoring in the vicinity of Station 902, indicates 
                that a significant negative impact on the long-term 
                survival of the Delta smelt is imminent; and
                    (B) whether near-term forecasts with available 
                salvage models show under prevailing conditions that 
                OMR flow of -5,000 cubic feet per second or higher will 
                cause a significant negative impact on the long-term 
                survival of the Delta smelt;
            (4) show in writing that any determination to manage OMR 
        reverse flow at rates less negative than -5,000 cubic feet per 
        second is necessary to avoid a significant negative impact on 
        the long-term survival of the Delta smelt, including an 
        explanation of the data examined and the connection between 
        those data and the choice made, after considering--
                    (A) the distribution of Delta smelt throughout the 
                Delta;
                    (B) the potential effects of documented, quantified 
                entrainment on subsequent Delta smelt abundance;
                    (C) the water temperature;
                    (D) other significant factors relevant to the 
                determination; and
                    (E) whether any alternative measures could have a 
                substantially lesser water supply impact; and
            (5) for any subsequent biological opinion, make the showing 
        required in paragraph (4) for any determination to manage OMR 
        reverse flow at rates less negative than the most negative 
        limit in the biological opinion if the most negative limit in 
        the biological opinion is more negative than -5,000 cubic feet 
        per second.
    (f) Memorandum of Understanding.--No later than December 1, 2015, 
the Commissioner and the Director will execute a Memorandum of 
Understanding (MOU) to ensure that the smelt biological opinion is 
implemented in a manner that maximizes water supply while complying 
with applicable laws and regulations. If that MOU alters any procedures 
set out in the biological opinion, there will be no need to reinitiate 
consultation if those changes will not have a significant negative 
impact on the long-term survival on listed species and the 
implementation of the MOU would not be a major change to implementation 
of the biological opinion. Any change to procedures that does not 
create a significant negative impact on the long-term survival to 
listed species will not alter application of the take permitted by the 
incidental take statement in the biological opinion under section 
7(o)(2) of the Endangered Species Act of 1973.
    (g) Calculation of Reverse Flow in OMR.--Within 90 days of the 
enactment of this title, the Secretary is directed, in consultation 
with the California Department of Water Resources to revise the method 
used to calculate reverse flow in Old and Middle Rivers for 
implementation of the reasonable and prudent alternatives in the smelt 
biological opinion and the salmonid biological opinion, and any 
succeeding biological opinions, for the purpose of increasing Central 
Valley Project and State Water Project water supplies. The method of 
calculating reverse flow in Old and Middle Rivers shall be reevaluated 
not less than every five years thereafter to achieve maximum export 
pumping rates within limits established by the smelt biological 
opinion, the salmonid biological opinion, and any succeeding biological 
opinions.

  TITLE II--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE

SEC. 201. DEFINITIONS.

    In this title:
            (1) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator of the 
        National Oceanic and Atmospheric Administration for Fisheries.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Other affected interests.--The term ``other affected 
        interests'' means the State of California, Indian tribes, 
        subdivisions of the State of California, public water agencies 
        and those who benefit directly and indirectly from the 
        operations of the Central Valley Project and the State Water 
        Project.
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (5) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.

SEC. 202. PROCESS FOR ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW 
              SCIENCE.

    (a) General Directive.--The reasonable and prudent alternative 
described in the salmonid biological opinion allows for and anticipates 
adjustments in Central Valley Project and State Water Project operation 
parameters to reflect the best scientific and commercial data currently 
available, and authorizes efforts to test and evaluate improvements in 
operations that will meet applicable regulatory requirements and 
maximize Central Valley Project and State Water Project water supplies 
and reliability. Implementation of the reasonable and prudent 
alternative described in the salmonid biological opinion shall be 
adjusted accordingly as new scientific and commercial data are 
developed. The Commissioner and the Assistant Administrator shall fully 
utilize these authorities as described below.
    (b) Annual Reviews of Certain Central Valley Project and State 
Water Project Operations.--No later than December 31, 2016, and at 
least annually thereafter:
            (1) The Commissioner, with the assistance of the Assistant 
        Administrator, shall examine and identify adjustments to the 
        initiation of Action IV.2.3 as set forth in the Biological 
        Opinion and Conference Opinion on the Long-Term Operations of 
        the Central Valley Project and State Water Project, Endangered 
        Species Act Section 7 Consultation, issued by the National 
        Marine Fisheries Service on June 4, 2009, pertaining to 
        negative OMR flows, subject to paragraph (5).
            (2) The Commissioner, with the assistance of the Assistant 
        Administrator, shall examine and identify adjustments in the 
        timing, triggers or other operational details relating to the 
        implementation of pumping restrictions in Action IV.2.1 
        pertaining to the inflow to export ratio, subject to paragraph 
        (5).
            (3) Pursuant to the consultation and assessments carried 
        out under paragraphs (1) and (2) of this subsection, the 
        Commissioner and the Assistant Administrator shall jointly make 
        recommendations to the Secretary of the Interior and to the 
        Secretary on adjustments to project operations that, in the 
        exercise of the adaptive management provisions of the salmonid 
        biological opinion, will reduce water supply impacts of the 
        salmonid biological opinion on the Central Valley Project and 
        the California State Water Project and are consistent with the 
        requirements of applicable law and as further described in 
        subsection (c).
            (4) The Secretary and the Secretary of the Interior shall 
        direct the Commissioner and Assistant Administrator to 
        implement recommended adjustments to Central Valley Project and 
        State Water Project operations for which the conditions under 
        subsection (c) are met.
            (5) The Assistant Administrator and the Commissioner shall 
        review and identify adjustments to Central Valley Project and 
        State Water Project operations with water supply restrictions 
        in any successor biological opinion to the salmonid biological 
        opinion, applying the provisions of this section to those water 
        supply restrictions where there are references to Actions 
        IV.2.1 and IV.2.3.
    (c) Implementation of Operational Adjustments.--After reviewing the 
recommendations under subsection (b), the Secretary of the Interior and 
the Secretary shall direct the Commissioner and the Assistant 
Administrator to implement those operational adjustments, or any 
combination, for which, in aggregate--
            (1) the net effect on listed species is equivalent to those 
        of the underlying project operational parameters in the 
        salmonid biological opinion, taking into account both--
                    (A) efforts to minimize the adverse effects of the 
                adjustment to project operations; and
                    (B) whatever additional actions or measures may be 
                implemented in conjunction with the adjustments to 
                operations to offset the adverse effects to listed 
                species, consistent with (d), that are in excess of the 
                adverse effects of the underlying operational 
                parameters, if any; and
            (2) the effects of the adjustment can be reasonably 
        expected to fall within the incidental take authorizations.
    (d) Evaluation of Offsetting Measures.--When examining and 
identifying opportunities to offset the potential adverse effect of 
adjustments to operations under subsection (c)(1)(B), the Commissioner 
and the Assistant Administrator shall take into account the potential 
species survival improvements that are likely to result from other 
measures which, if implemented in conjunction with such adjustments, 
would offset adverse effects, if any, of the adjustments. When 
evaluating offsetting measures, the Commissioner and the Assistant 
Administrator shall consider the type, timing and nature of the adverse 
effects, if any, to specific species and ensure that the measures 
likely provide equivalent overall benefits to the listed species in the 
aggregate, as long as the change will not cause a significant negative 
impact on the long-term survival of a listed salmonid species.
    (e) Framework for Examining Opportunities To Minimize or Offset the 
Potential Adverse Effect of Adjustments to Operations.--Not later than 
December 31, 2015, and every five years thereafter, the Assistant 
Administrator shall, in collaboration with the Director of the 
California Department of Fish and Wildlife, based on the best 
scientific and commercial data available and for each listed salmonid 
species, issue estimates of the increase in through-Delta survival the 
Secretary expects to be achieved--
            (1) through restrictions on export pumping rates as 
        specified by Action IV.2.3 as compared to limiting OMR flow to 
        a fixed rate of -5,000 cubic feet per second within the time 
        period Action IV.2.3 is applicable, based on a given rate of 
        San Joaquin River inflow to the Delta and holding other 
        relevant factors constant;
            (2) through San Joaquin River inflow to export restrictions 
        on export pumping rates specified within Action IV.2.1 as 
        compared to the restrictions in the April/May period imposed by 
        the State Water Resources Control Board decision D-1641, based 
        on a given rate of San Joaquin River inflow to the Delta and 
        holding other relevant factors constant;
            (3) through physical habitat restoration improvements;
            (4) through predation control programs;
            (5) through the installation of temporary barriers, the 
        management of Cross Channel Gates operations, and other 
        projects affecting flow in the Delta;
            (6) through salvaging fish that have been entrained near 
        the entrance to Clifton Court Forebay;
            (7) through any other management measures that may provide 
        equivalent or better protections for listed species while 
        maximizing export pumping rates without causing a significant 
        negative impact on the long-term survival of a listed salmonid 
        species; and
            (8) through development and implementation of conservation 
        hatchery programs for salmon and steelhead to aid in the 
        recovery of listed salmon and steelhead species.
    (f) Survival Estimates.--
            (1) To the maximum extent practicable, the Assistant 
        Administrator shall make quantitative estimates of survival 
        such as a range of percentage increases in through-Delta 
        survival that could result from the management measures, and if 
        the scientific information is lacking for quantitative 
        estimates, shall do so on qualitative terms based upon the best 
        available science.
            (2) If the Assistant Administrator provides qualitative 
        survival estimates for a species resulting from one or more 
        management measures, the Secretary shall, to the maximum extent 
        feasible, rank the management measures described in subsection 
        (e) in terms of their most likely expected contribution to 
        increased through-Delta survival relative to the other 
        measures.
            (3) If at the time the Assistant Administrator conducts the 
        reviews under subsection (b), the Secretary has not issued an 
        estimate of increased through-Delta survival from different 
        management measures pursuant to subsection (e), the Secretary 
        shall compare the protections to the species from different 
        management measures based on the best scientific and commercial 
        data available at the time.
    (g) Comparison of Adverse Consequences for Alternative Management 
Measures of Equivalent Protection for a Species.--
            (1) For the purposes of this subsection and subsection 
        (c)--
                    (A) the alternative management measure or 
                combination of alternative management measures 
                identified in paragraph (2) shall be known as the 
                ``equivalent alternative measure'';
                    (B) the existing measure or measures identified in 
                subparagraphs (2) (A), (B), (C), or (D) shall be known 
                as the ``equivalent existing measure''; and
                    (C) an ``equivalent increase in through-Delta 
                survival rates for listed salmonid species'' shall mean 
                an increase in through-Delta survival rates that is 
                equivalent when considering the change in through-Delta 
                survival rates for the listed salmonid species in the 
                aggregate, and not the same change for each individual 
                species, as long as the change in survival rates will 
                not cause a significant negative impact on the long-
                term survival of a listed salmonid species.
            (2) As part of the reviews of project operations pursuant 
        to subsection (b), the Assistant Administrator shall determine 
        whether any alternative management measures or combination of 
        alternative management measures listed in subsection (e) (3) 
        through (8) would provide an increase in through-Delta survival 
        rates for listed salmonid species that is equivalent to the 
        increase in through-Delta survival rates for listed salmonid 
        species from the following:
                    (A) Through restrictions on export pumping rates as 
                specified by Action IV.2.3, as compared to limiting OMR 
                flow to a fixed rate of -5,000 cubic feet per second 
                within the time period Action IV.2.3 is applicable.
                    (B) Through restrictions on export pumping rates as 
                specified by Action IV.2.3, as compared to a 
                modification of Action IV.2.3 that would provide 
                additional water supplies, other than that described in 
                subparagraph (A).
                    (C) Through San Joaquin River inflow to export 
                restrictions on export pumping rates specified within 
                Action IV.2.1, as compared to the restrictions in the 
                April/May period imposed by the State Water Resources 
                Control Board decision D-1641.
                    (D) Through San Joaquin River inflow to export 
                restrictions on export pumping rates specified within 
                Action IV.2.1, as compared to a modification of Action 
                IV.2.1 that would reduce water supply impacts of the 
                salmonid biological opinion on the Central Valley 
                Project and the California State Water Project, other 
                than that described in subparagraph (C).
            (3) If the Assistant Administrator identifies an equivalent 
        alternative measure pursuant to paragraph (2), the Assistant 
        Administrator shall determine whether--
                    (A) it is technically feasible and within Federal 
                jurisdiction to implement the equivalent alternative 
                measure;
                    (B) the State of California, or subdivision 
                thereof, or local agency with jurisdiction has 
                certified in writing within 10 calendar days to the 
                Assistant Administrator that it has the authority and 
                capability to implement the pertinent equivalent 
                alternative measure; or
                    (C) the adverse consequences of doing so are less 
                than the adverse consequences of the equivalent 
                existing measure, including a concise evaluation of the 
                adverse consequences to other affected interests.
            (4) If the Assistant Administrator makes the determinations 
        in subparagraph (3)(A) or (3)(B), the Commissioner shall adjust 
        project operations to implement the equivalent alternative 
        measure in place of the equivalent existing measure in order to 
        increase export rates of pumping to the greatest extent 
        possible while maintaining a net combined effect of equivalent 
        through-Delta survival rates for the listed salmonid species.
    (h) Tracking Adverse Effects Beyond the Range of Effects Accounted 
for in the Salmonid Biological Opinion and Coordinated Operation With 
the Delta Smelt Biological Opinion.--
            (1) Among the adjustments to the project operations 
        considered through the adaptive management process under this 
        section, the Assistant Administrator and the Commissioner 
        shall--
                    (A) evaluate the effects on listed salmonid species 
                and water supply of the potential adjustment to 
                operational criteria described in subparagraph (B); and
                    (B) consider requiring that before some or all of 
                the provisions of Actions IV.2.1. or IV.2.3 are imposed 
                in any specific instance, the Assistant Administrator 
                show that the implementation of these provisions in 
                that specific instance is necessary to avoid a 
                significant negative impact on the long-term survival 
                of a listed salmonid species.
            (2) The Assistant Administrator, the Director, and the 
        Commissioner, in coordination with State officials as 
        appropriate, shall establish operational criteria to coordinate 
        management of OMR flows under the smelt and salmonid biological 
        opinions, in order to take advantage of opportunities to 
        provide additional water supplies from the coordinated 
        implementation of the biological opinions.
            (3) The Assistant Administrator and the Commissioner shall 
        document the effects of any adaptive management decisions 
        related to the coordinated operation of the smelt and salmonid 
        biological opinions that prioritizes the maintenance of one 
        species at the expense of the other.
    (i) Real-Time Monitoring and Management.--Notwithstanding the 
calendar based triggers described in the salmonid biological opinion 
Reasonable and Prudent Alternative (RPA), the Assistant Administrator 
and the Commissioner shall not limit OMR reverse flow to -5,000 cubic 
feet per second unless current monitoring data indicate that this OMR 
flow limitation is reasonably required to avoid a significant negative 
impact on the long-term survival of a listed salmonid species.
    (j) Evaluation and Implementation of Management Measures.--If the 
quantitative estimates of through-Delta survival established by the 
Secretary for the adjustments in subsection (b)(2) exceed the through-
Delta survival established for the RPAs, the Secretary shall evaluate 
and implement the management measures in subsection (b)(2) as a 
prerequisite to implementing the RPAs contained in the Salmonid 
Biological Opinion.
    (k) Accordance With Other Law.--Consistent with section 706 of 
title 5, United States Code, decisions of the Assistant Administrator 
and the Commissioner described in subsections (b) through (j) shall be 
made in writing, on the basis of best scientific and commercial data 
currently available, and shall include an explanation of the data 
examined at the connection between those data and the decisions made.

SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE 
              STANISLAUS RIVER.

    (a) Establishment of Nonnative Predator Fish Removal Program.--The 
Secretary and the districts, in consultation with the Director, shall 
jointly develop and conduct a nonnative predator fish removal program 
to remove nonnative striped bass, smallmouth bass, largemouth bass, 
black bass, and other nonnative predator fish species from the 
Stanislaus River. The program shall--
            (1) be scientifically based;
            (2) include methods to quantify the number and size of 
        predator fish removed each year, the impact of such removal on 
        the overall abundance of predator fish, 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; and
            (4) be implemented as quickly as possible following the 
        issuance of all necessary scientific research.
    (b) Management.--The management of the program shall be the joint 
responsibility of the Secretary and the districts. Such parties shall 
work collaboratively to ensure the performance of the 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 program.
    (c) Conduct.--
            (1) In general.--By agreement between the Secretary and the 
        districts, the 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 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 program.
            (2) Contributed funds.--The Secretary may accept and use 
        contributions of funds from the districts to carry out 
        activities under the program.
            (3) Estimation of cost.--On or before December 1 of each 
        year of the program, the Secretary shall submit to the 
        districts an estimate of the cost to be incurred by the 
        National Marine Fisheries Service for the 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 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 
                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 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 
                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) Posting and Evaluation.--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 program in the preceding month.
    (f) Implementation.--The program is hereby found to be consistent 
with the requirements of the Central Valley Project Improvement Act 
(Public Law 102-575). No provision, plan or definition established or 
required by the Central Valley Project Improvement Act (Public Law 102-
575) shall be used to prohibit the imposition of the program, or to 
prevent the accomplishment of its goals.
    (g) Treatment of Striped Bass.--For purposes of the application of 
the Central Valley Project Improvement Act (title XXXIV of Public Law 
102-575) with respect to the program, striped bass shall not be treated 
as anadromous fish.
    (h) Definition.--For the purposes of this section, the term 
``districts'' means the Oakdale Irrigation District and the South San 
Joaquin Irrigation District, California.

SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.

    (a) In General.--Not later than January 1, 2017, the Secretary of 
the Interior, in collaboration with the Secretary of Commerce, the 
Director of the California Department of Fish and Wildlife, and other 
relevant agencies and interested parties, shall begin pilot projects to 
implement the invasive species control program authorized pursuant to 
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
    (b) Requirements.--The pilot projects shall--
            (1) seek to reduce invasive aquatic vegetation, predators, 
        and other competitors which contribute to the decline of native 
        listed pelagic and anadromous species that occupy the 
        Sacramento and San Joaquin Rivers and their tributaries and the 
        Sacramento-San Joaquin Bay-Delta; and
            (2) remove, reduce, or control the effects of species, 
        including Asiatic clams, silversides, gobies, Brazilian water 
        weed, largemouth bass, smallmouth bass, striped bass, crappie, 
        bluegill, white and channel catfish, and brown bullheads.
    (c) Sunset.--The authorities provided under this subsection shall 
expire seven years after the Secretaries commence implementation of the 
pilot projects pursuant to subsection (a).
    (d) Emergency Environmental Reviews.--To expedite the 
environmentally beneficial programs for the conservation of threatened 
and endangered species, the Secretaries shall consult with the Council 
on Environmental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (or successor regulations), to develop 
alternative arrangements to comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the projects pursuant 
to subsection (a).

         TITLE III--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

SEC. 301. DEFINITIONS.

    In this title:
            (1) Central valley project.--The term ``Central Valley 
        Project'' has the meaning given the term in section 3403 of the 
        Central Valley Project Improvement Act (Public Law 102-575; 106 
        Stat. 4707).
            (2) Reclamation project.--The term ``Reclamation Project'' 
        means a project constructed pursuant to the authorities of the 
        reclamation laws and whose facilities are wholly or partially 
        located in the State.
            (3) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Commerce; and
                    (C) the Secretary of the Interior.
            (4) State water project.--The term ``State Water Project'' 
        means the water project described by California Water Code 
        section 11550 et seq. and operated by the California Department 
        of Water Resources.
            (5) State.--The term ``State'' means the State of 
        California.

SEC. 302. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.

    (a) Water Supplies.--For the period of time such that in any year 
that the Sacramento Valley Index is 6.5 or lower, or at the request of 
the State of California, and until two succeeding years following 
either of those events have been completed where the final Sacramento 
Valley Index is 7.8 or greater, the Secretaries shall provide the 
maximum quantity of water supplies practicable to all individuals or 
district who receive Central Valley Project water under water service 
or repayments contracts, water rights settlement contracts, exchange 
contracts, or refuge contracts or agreements entered into prior to or 
after the date of enactment of this title; State Water Project 
contractors, and any other tribe, locality, water agency, or 
municipality in the State, by approving, consistent with applicable 
laws (including regulations), projects and operations to provide 
additional water supplies as quickly as practicable based on available 
information to address the emergency conditions.
    (b) Administration.--In carrying out subsection (a), the 
Secretaries shall, consistent with applicable laws (including 
regulations)--
            (1) issue all necessary permit decisions under the 
        authority of the Secretaries not later than 30 days after the 
        date on which the Secretaries receive a completed application 
        from the State to place and use temporary barriers or operable 
        gates in Delta channels to improve water quantity and quality 
        for the State Water Project and the Central Valley Project 
        south of Delta water contractors and other water users, on the 
        condition that the barriers or operable gates--
                    (A) do not result in a significant negative impact 
                on the long-term survival of listed species within the 
                Delta and provide benefits or have a neutral impact on 
                in-Delta water user water quality; and
                    (B) are designed so that formal consultations under 
                section 7 of the Endangered Species Act of 1973 (16 
                U.S.C. 1536) are not necessary;
            (2) require the Director of the United States Fish and 
        Wildlife Service and the Commissioner of Reclamation--
                    (A) to complete, not later than 30 days after the 
                date on which the Director or the Commissioner receives 
                a complete written request for water transfer, all 
                requirements under the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary 
                to make final permit decisions on the request; and
                    (B) to approve any water transfer request described 
                in subparagraph (A) to maximize the quantity of water 
                supplies available for nonhabitat uses, on the 
                condition that actions associated with the water 
                transfer comply with applicable Federal laws (including 
                regulations);
            (3) adopt a 1:1 inflow to export ratio, as measured as a 3-
        day running average at Vernalis during the period beginning on 
        April 1, and ending on May 31, absent a determination in 
        writing that a more restrictive inflow to export ratio is 
        required to avoid a significant negative impact on the long-
        term survival of a listed salmonid species under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.); provided that the 
        1:1 inflow to export ratio shall apply for the increment of 
        increased flow of the San Joaquin River resulting from the 
        voluntary sale, transfers, or exchanges of water from agencies 
        with rights to divert water from the San Joaquin River or its 
        tributaries and provided that the movement of the acquired, 
        transferred, or exchanged water through the Delta consistent 
        with the Central Valley Project's and the State Water Project's 
        permitted water rights and provided that movement of the 
        Central Valley Project water is consistent with the 
        requirements of section 3405(a)(1)(H) of the Central Valley 
        Project Improvement Act; and
            (4) allow and facilitate, consistent with existing 
        priorities, water transfers through the C.W. ``Bill'' Jones 
        Pumping Plant or the Harvey O. Banks Pumping Plant from April 1 
        to November 30 provided water transfers comply with State law, 
        including the California Environmental Quality Act.
    (c) Accelerated Project Decision and Elevation.--
            (1) In general.--On request by the Governor of the State, 
        the Secretaries shall use the expedited procedures under this 
        subsection to make final decisions relating to a Federal 
        project or operation, or to local or State projects or 
        operations that require decisions by the Secretary of the 
        Interior or the Secretary of Commerce to provide additional 
        water supplies if the project's or operation's purpose is to 
        provide relief for emergency drought conditions pursuant to 
        subsections (a) and (b).
            (2) Request for resolution.--
                    (A) In general.--On request by the Governor of the 
                State, the Secretaries referenced in paragraph (1), or 
                the head of another Federal agency responsible for 
                carrying out a review of a project, as applicable, the 
                Secretary of the Interior shall convene a final project 
                decision meeting with the heads of all relevant Federal 
                agencies to decide whether to approve a project to 
                provide relief for emergency drought conditions.
                    (B) Meeting.--The Secretary of the Interior shall 
                convene a meeting requested under subparagraph (A) not 
                later than 7 days after the date on which the meeting 
                request is received.
            (3) Notification.--On receipt of a request for a meeting 
        under paragraph (2), the Secretary of the Interior shall notify 
        the heads of all relevant Federal agencies of the request, 
        including information on the project to be reviewed and the 
        date of the meeting.
            (4) Decision.--Not later than 10 days after the date on 
        which a meeting is requested under paragraph (2), the head of 
        the relevant Federal agency shall issue a final decision on the 
        project, subject to subsection (e)(2).
            (5) Meeting convened by secretary.--The Secretary of the 
        Interior may convene a final project decision meeting under 
        this subsection at any time, at the discretion of the 
        Secretary, regardless of whether a meeting is requested under 
        paragraph (2).
    (d) Application.--To the extent that a Federal agency, other than 
the agencies headed by the Secretaries, has a role in approving 
projects described in subsections (a) and (b), this section shall apply 
to those Federal agencies.
    (e) Limitation.--Nothing in this section authorizes the Secretaries 
to approve projects--
            (1) that would otherwise require congressional 
        authorization; or
            (2) without following procedures required by applicable 
        law.
    (f) Drought Plan.--For the period of time such that in any year 
that the Sacramento Valley index is 6.5 or lower, or at the request of 
the State of California, and until two succeeding years following 
either of those events have been completed where the final Sacramento 
Valley Index is 7.8 or greater, the Secretaries of Commerce and the 
Interior, in consultation with appropriate State officials, shall 
develop a drought operations plan that is consistent with the 
provisions of this Act including the provisions that are intended to 
provide additional water supplies that could be of assistance during 
the current drought.

SEC. 303. OPERATION OF CROSS-CHANNEL GATES.

    (a) In General.--The Secretary of Commerce and the Secretary of the 
Interior shall jointly--
            (1) authorize and implement activities to ensure that the 
        Delta Cross Channel Gates remain open to the maximum extent 
        practicable using findings from the United States Geological 
        Survey on diurnal behavior of juvenile salmonids, timed to 
        maximize the peak flood tide period and provide water supply 
        and water quality benefits for the duration of the drought 
        emergency declaration of the State, and for the period of time 
        such that in any year that the Sacramento Valley index is 6.5 
        or lower, or at the request of the State of California, and 
        until two succeeding years following either of those events 
        have been completed where the final Sacramento Valley Index is 
        7.8 or greater, consistent with operational criteria and 
        monitoring criteria set forth into the Order Approving a 
        Temporary Urgency Change in License and Permit Terms in 
        Response to Drought Conditions of the California State Water 
        Resources Control Board, effective January 31, 2014 (or a 
        successor order) and other authorizations associated with it;
            (2) with respect to the operation of the Delta Cross 
        Channel Gates described in paragraph (1), collect data on the 
        impact of that operation on--
                    (A) species listed as threatened or endangered 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) water quality; and
                    (C) water supply;
            (3) collaborate with the California Department of Water 
        Resources to install a deflection barrier at Georgiana Slough 
        in coordination with Delta Cross Channel Gate diurnal 
        operations to protect migrating salmonids, consistent with 
        knowledge gained from activities carried out during 2014 and 
        2015;
            (4) evaluate the combined salmonid survival in light of 
        activities carried out pursuant to paragraphs (1) through (3) 
        in deciding how to operate the Delta Cross Channel gates to 
        enhance salmonid survival and water supply benefits; and
            (5) not later than May 15, 2016, submit to the appropriate 
        committees of the House of Representatives and the Senate a 
        notice and explanation on the extent to which the gates are 
        able to remain open.
    (b) Recommendations.--After assessing the information collected 
under subsection (a), the Secretary of the Interior shall recommend 
revisions to the operation of the Delta Cross-Channel Gates, to the 
Central Valley Project, and to the State Water Project, including, if 
appropriate, any reasonable and prudent alternative contained in the 
biological opinion issued by the National Marine Fisheries Service on 
June 4, 2009, that are likely to produce water supply benefits without 
causing a significant negative impact on the long-term survival of the 
listed fish species within the Delta or on water quality.

SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO.

    For the period of time such that in any year that the Sacramento 
Valley index is 6.5 or lower, or at the request of the State of 
California, and until two succeeding years following either of those 
events have been completed where the final Sacramento Valley Index is 
7.8 or greater, the Commissioner of the Bureau of Reclamation shall 
continue to vary the averaging period of the Delta Export/Inflow ratio 
pursuant to the California State Water Resources Control Board decision 
D1641--
            (1) to operate to a 35-percent Export/Inflow ratio with a 
        3-day averaging period on the rising limb of a Delta inflow 
        hydrograph; and
            (2) to operate to a 14-day averaging period on the falling 
        limb of the Delta inflow hydrograph.

SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS.

    (a) NEPA Compliance.--To minimize the time spent carrying out 
environmental reviews and to deliver water quickly that is needed to 
address emergency drought conditions in the State during the duration 
of an emergency drought declaration, the Secretaries shall, in carrying 
out this Act, 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.) during the emergency.
    (b) Determinations.--For the purposes of this section, a Secretary 
may deem a project to be in compliance with all necessary environmental 
regulations and reviews if the Secretary determines that the immediate 
implementation of the project is necessary to address--
            (1) human health and safety; or
            (2) a specific and imminent loss of agriculture production 
        upon which an identifiable region depends for 25 percent or 
        more of its tax revenue used to support public services 
        including schools, fire or police services, city or county 
        health facilities, unemployment services or other associated 
        social services.

SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT OPERATIONS.

    The Secretaries shall, consistent with applicable laws (including 
regulations)--
            (1) in coordination with the California Department of Water 
        Resources and the California Department of Fish and Wildlife, 
        implement offsite upstream projects in the Delta and upstream 
        of the Sacramento River and San Joaquin basins that offset the 
        effects on species listed as threatened or endangered under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to 
        activities carried out pursuant this Act, as determined by the 
        Secretaries;
            (2) manage reverse flow in the Old and Middle Rivers at 
        -6,100 cubic feet per second if real-time monitoring indicates 
        that flows of -6,100 cubic feet per second or more negative can 
        be established for specific periods without causing a 
        significant negative impact on the long-term survival of the 
        Delta smelt, or if real-time monitoring does not support flows 
        of -6,100 cubic feet per second than manage OMR flows at -5,000 
        cubic feet per second subject to section 103(e) (3) and (4); 
        and
            (3) use all available scientific tools to identify any 
        changes to real-time operations of the Bureau of Reclamation, 
        State, and local water projects that could result in the 
        availability of additional water supplies.

SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW STORMS OF THE 
              WATER YEAR.

    (a) In General.--Consistent with avoiding a significant negative 
impact on the long-term survival in the short term upon listed fish 
species beyond the range of those authorized under the Endangered 
Species Act of 1973 and other environmental protections under 
subsection (e), the Secretaries shall authorize the Central Valley 
Project and the State Water Project, combined, to operate at levels 
that result in negative OMR flows at -7,500 cubic feet per second 
(based on United States Geological Survey gauges on Old and Middle 
Rivers) daily average for 56 cumulative days after October 1 as 
described in subsection (c).
    (b) Days of Temporary Operational Flexibility.--The temporary 
operational flexibility described in subsection (a) shall be authorized 
on days that the California Department of Water Resources determines 
the daily average river flow of the Sacramento River is at, or above, 
17,000 cubic feet per second as measured at the Sacramento River at 
Freeport gauge maintained by the United States Geologic Survey.
    (c) Compliance With Endangered Species Act Authorizations.--In 
carrying out this section, the Secretaries may continue to impose any 
requirements under the smelt and salmonid biological opinions during 
any period of temporary operational flexibility as they determine are 
reasonably necessary to avoid an additional significant negative 
impacts on the long-term survival of a listed fish species beyond the 
range of those authorized under the Endangered Species Act of 1973, 
provided that the requirements imposed do not reduce water supplies 
available for the Central Valley Project and the State Water Project.
    (d) Other Environmental Protections.--
            (1) State law.--The Secretaries' actions under this section 
        shall be consistent with applicable regulatory requirements 
        under State law.
            (2) First sediment flush.--During the first flush of 
        sediment out of the Delta in each water year, and provided that 
        such determination is based upon objective evidence, OMR flow 
        may be managed at rates less negative than -5,000 cubic feet 
        per second for a minimum duration to avoid movement of adult 
        Delta smelt (Hypomesus transpacificus) to areas in the southern 
        Delta that would be likely to increase entrainment at Central 
        Valley Project and State Water Project pumping plants.
            (3) Applicability of opinion.--This section shall not 
        affect the application of the salmonid biological opinion from 
        April 1 to May 31, unless the Secretary of Commerce finds that 
        some or all of such applicable requirements may be adjusted 
        during this time period to provide emergency water supply 
        relief without resulting in additional adverse effects beyond 
        those authorized under the Endangered Species Act of 1973. In 
        addition to any other actions to benefit water supply, the 
        Secretary of the Interior and the Secretary of Commerce shall 
        consider allowing through-Delta water transfers to occur during 
        this period if they can be accomplished consistent with section 
        3405(a)(1)(H) of the Central Valley Project Improvement Act. 
        Water transfers solely or exclusively through the State Water 
        Project are not required to be consistent with section 
        3405(a)(1)(H) of the Central Valley Project Improvement Act.
            (4) Monitoring.--During operations under this section, the 
        Commissioner of Reclamation, in coordination with the Fish and 
        Wildlife Service, National Marine Fisheries Service, and 
        California Department of Fish and Wildlife, shall undertake a 
        monitoring program and other data gathering to ensure 
        incidental take levels are not exceeded, and to identify 
        potential negative impacts and actions, if any, necessary to 
        mitigate impacts of the temporary operational flexibility to 
        species listed under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
    (e) Technical Adjustments to Target Period.--If, before temporary 
operational flexibility has been implemented on 56 cumulative days, the 
Secretaries operate the Central Valley Project and the State Water 
Project combined at levels that result in OMR flows less negative than 
-7,500 cubic feet per second during days of temporary operational 
flexibility as defined in subsection (c), the duration of such 
operation shall not be counted toward the 56 cumulative days specified 
in subsection (a).
    (f) Emergency Consultation; Effect on Running Averages.--
            (1) If necessary to implement the provisions of this 
        section, the Commissioner is authorized to take any action 
        necessary to implement this section for up to 56 cumulative 
        days. If during the 56 cumulative days the Commissioner 
        determines that actions necessary to implement this section 
        will exceed 56 days, the Commissioner shall use the emergency 
        consultation procedures under the Endangered Species Act of 
        1973 and its implementing regulation at section 402.05 of title 
        50, Code of Federal Regulations, to temporarily adjust the 
        operating criteria under the biological opinions--
                    (A) solely for extending beyond the 56 cumulative 
                days for additional days of temporary operational 
                flexibility--
                            (i) no more than necessary to achieve the 
                        purposes of this section consistent with the 
                        environmental protections in subsections (d) 
                        and (e); and
                            (ii) including, as appropriate, adjustments 
                        to ensure that the actual flow rates during the 
                        periods of temporary operational flexibility do 
                        not count toward the 5-day and 14-day running 
                        averages of tidally filtered daily OMR flow 
                        requirements under the biological opinions, or
                    (B) for other adjustments to operating criteria or 
                to take other urgent actions to address water supply 
                shortages for the least amount of time or volume of 
                diversion necessary as determined by the Commissioner.
            (2) Following the conclusion of the 56 cumulative days of 
        temporary operational flexibility, or the extended number of 
        days covered by the emergency consultation procedures, the 
        Commissioner shall not reinitiate consultation on these 
        adjusted operations, and no mitigation shall be required, if 
        the effects on listed fish species of these operations under 
        this section remain within the range of those authorized under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). If 
        the Commissioner reinitiates consultation, no mitigation 
        measures shall be required.
    (g) Level of Detail Required for Analysis.--In articulating the 
determinations required under this section, the Secretaries shall fully 
satisfy the requirements herein but shall not be expected to provide a 
greater level of supporting detail for the analysis than feasible to 
provide within the short timeframe permitted for timely decisionmaking 
in response to changing conditions in the Delta.

SEC. 308. EXPEDITING WATER TRANSFERS.

    (a) In General.--Section 3405(a) of the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4709(a)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (4) through (6), respectively;
            (2) in the matter preceding paragraph (4) (as so 
        designated)--
                    (A) in the first sentence, by striking ``In order 
                to'' and inserting the following:
            ``(1) In general.--In order to''; and
                    (B) in the second sentence, by striking ``Except as 
                provided herein'' and inserting the following:
            ``(3) Terms.--Except as otherwise provided in this 
        section'';
            (3) by inserting before paragraph (3) (as so designated) 
        the following:
            ``(2) Expedited transfer of water.--The Secretary shall 
        take all necessary actions to facilitate and expedite transfers 
        of Central Valley Project water in accordance with--
                    ``(A) this Act;
                    ``(B) any other applicable provision of the 
                reclamation laws; and
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).'';
            (4) in paragraph (4) (as so designated)--
                    (A) in subparagraph (A), by striking ``to 
                combination'' and inserting ``or combination''; and
                    (B) by striking ``3405(a)(2) of this title'' each 
                place it appears and inserting ``(5)'';
            (5) in paragraph (5) (as so designated), by adding at the 
        end the following:
                    ``(E) The contracting district from which the water 
                is coming, the agency, or the Secretary shall determine 
                if a written transfer proposal is complete within 45 
                days after the date of submission of the proposal. If 
                the contracting district or agency or the Secretary 
                determines that the proposal is incomplete, the 
                district or agency or the Secretary shall state with 
                specificity what must be added to or revised for the 
                proposal to be complete.''; and
            (6) in paragraph (6) (as so designated), by striking 
        ``3405(a)(1)(A)-(C), (E), (G), (H), (I), (L), and (M) of this 
        title'' and inserting ``(A) through (C), (E), (G), (H), (I), 
        (L), and (M) of paragraph (4)''.
    (b) Conforming Amendments.--The Central Valley Project Improvement 
Act (Public Law 102-575) is amended--
            (1) in section 3407(c)(1) (106 Stat. 4726), by striking 
        ``3405(a)(1)(C)'' and inserting ``3405(a)(4)(C)''; and
            (2) in section 3408(i)(1) (106 Stat. 4729), by striking 
        ``3405(a)(1) (A) and (J) of this title'' and inserting 
        ``subparagraphs (A) and (J) of section 3405(a)(4)''.

SEC. 309. ADDITIONAL EMERGENCY CONSULTATION.

    For adjustments to operating criteria other than under section 308 
of this Act or to take urgent actions to address water supply shortages 
for the least amount of time or volume of diversion necessary as 
determined by the Commissioner of Reclamation, no mitigation measures 
shall be required during any year that the Sacramento Valley index is 
6.5 or lower, or at the request of the State of California, and until 
two succeeding years following either of those events have been 
completed where the final Sacramento Valley Index is 7.8 or greater, 
and any mitigation measures imposed must be based on quantitative data 
and required only to the extent that such data demonstrates actual harm 
to species.

SEC. 310. ADDITIONAL STORAGE AT NEW MELONES.

    The Commissioner of Reclamation is directed to work with local 
water and irrigation districts in the Stanislaus River Basin to 
ascertain the water storage made available by the Draft Plan of 
Operations in New Melones Reservoir (DRPO) for water conservation 
programs, conjunctive use projects, water transfers, rescheduled 
project water and other projects to maximize water storage and ensure 
the beneficial use of the water resources in the Stanislaus River 
Basin. All such programs and projects shall be implemented according to 
all applicable laws and regulations. The source of water for any such 
storage program at New Melones Reservoir shall be made available under 
a valid water right, consistent with the State of California water 
transfer guidelines and any other applicable State water law. The 
Commissioner shall inform the Congress within 18 months setting forth 
the amount of storage made available by the DRPO that has been put to 
use under this program, including proposals received by the 
Commissioner from interested parties for the purpose of this section.

SEC. 311. REGARDING THE OPERATION OF FOLSOM RESERVOIR.

    The Secretary of the Interior, in collaboration with the Sacramento 
Water Forum, shall expedite evaluation, completion and implementation 
of the Modified Lower American River Flow Management Standard developed 
by the Water Forum in 2015 to improve water supply reliability for 
Central Valley Project American River water contractors and resource 
protection in the lower American River during consecutive dry-years 
under current and future demand and climate change conditions.

SEC. 312. APPLICANTS.

    In the event that the Bureau of Reclamation or another Federal 
agency initiates or reinitiates consultation with the U.S. Fish and 
Wildlife Service or the National Marine Fisheries Service under section 
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central Valley Project 
and State Water Project, or any part thereof, the State Water Project 
contractors and the Central Valley Project contractors will be accorded 
all the rights and responsibilities extended to applicants in the 
consultation process.

SEC. 313. SAN JOAQUIN RIVER SETTLEMENT.

    (a) California State Law Satisfied by Warm Water Fishery.--
            (1) In general.--Sections 5930 through 5948 of the 
        California Fish and Game Code, and all applicable Federal laws, 
        including the San Joaquin River Restoration Settlement Act 
        (Public Law 111-11) and the Stipulation of Settlement (Natural 
        Resources Defense Council, et al. v. Kirk Rodgers, et al., 
        Eastern District of California, No. Civ. S-88-1658-LKK/GGH), 
        shall be satisfied by the existence of a warm water fishery in 
        the San Joaquin River below Friant Dam, but upstream of 
        Gravelly Ford.
            (2) Definition of warm water fishery.--For the purposes of 
        this section, the term ``warm water fishery'' means a water 
        system that has an environment suitable for species of fish 
        other than salmon (including all subspecies) and trout 
        (including all subspecies).
    (b) Repeal of the San Joaquin River Settlement.--As of the date of 
enactment of this section, the Secretary of the Interior shall cease 
any action to implement the San Joaquin River Restoration Settlement 
Act (subtitle A of title X of Public Law 111-11) and the Stipulation of 
Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, 
et al., Eastern District of California, No. Civ. S-88-1658 LKK/GGH).

SEC. 314. PROGRAM FOR WATER RESCHEDULING.

    By December 31, 2015, the Secretary of the Interior shall develop 
and implement a program, including rescheduling guidelines for Shasta 
and Folsom Reservoirs, to allow existing Central Valley Project 
agricultural water service contractors within the Sacramento River 
Watershed, and refuge service and municipal and industrial water 
service contractors within the Sacramento River Watershed and the 
American River Watershed to reschedule water, provided for under their 
Central Valley Project contracts, from one year to the next; provided, 
that the program is consistent with existing rescheduling guidelines as 
utilized by the Bureau of Reclamation for rescheduling water for 
Central Valley Project water service contractors that are located South 
of the Delta.

              TITLE IV--CALFED STORAGE FEASIBILITY STUDIES

SEC. 401. STUDIES.

    The Secretary of the Interior, through the Commissioner of 
Reclamation, shall--
            (1) complete the feasibility studies described in clauses 
        (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
        361 (118 Stat. 1684) and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than December 31, 2015;
            (2) complete the feasibility studies described in clauses 
        (i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108-
        361 and submit such studies to the appropriate committees of 
        the House of Representatives and the Senate not later than 
        November 30, 2016;
            (3) complete the feasibility study described in section 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit 
        such study to the appropriate Committees of the House of 
        Representatives and the Senate not later than December 31, 
        2017;
            (4) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of the 
        enactment of this Act and each 180 days thereafter until 
        December 31, 2017, as applicable. The report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and Records 
        of Decision;
            (5) in conducting any feasibility study under this Act, the 
        reclamation laws, the Central Valley Project Improvement Act 
        (title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
        other applicable law, for the purposes of determining 
        feasibility the Secretary shall document, delineate, and 
        publish costs directly relating to the engineering and 
        construction of a water storage project separately from the 
        costs resulting from regulatory compliance or the construction 
        of auxiliary facilities necessary to achieve regulatory 
        compliance; and
            (6) communicate, coordinate and cooperate with public water 
        agencies that contract with the United States for Central 
        Valley Project water and that are expected to participate in 
        the cost pools that will be created for the projects proposed 
        in the feasibility studies under this section.

SEC. 402. TEMPERANCE FLAT.

    (a) Definitions.--For the purposes of this section:
            (1) Project.--The term ``Project'' means the Temperance 
        Flat Reservoir Project on the Upper San Joaquin River.
            (2) RMP.--The term ``RMP'' means the document titled 
        ``Bakersfield Field Office, Record of Decision and Approved 
        Resource Management Plan,'' dated December 2014.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Applicability of RMP.--The RMP and findings related thereto 
shall have no effect on or applicability to the Secretary's 
determination of feasibility of, or on any findings or environmental 
review documents related to--
            (1) the Project; or
            (2) actions taken by the Secretary pursuant to section 
        103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title 
        I of Public Law 108-361).
    (c) Duties of Secretary Upon Determination of Feasibility.--If the 
Secretary finds the Project to be feasible, the Secretary shall manage 
the land recommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner that does not 
impede any environmental reviews, preconstruction, construction, or 
other activities of the Project, regardless of whether or not the 
Secretary submits any official recommendation to Congress under the 
Wild and Scenic Rivers Act.
    (d) Reserved Water Rights.--Effective December 22, 2014, there 
shall be no Federal reserved water rights to any segment of the San 
Joaquin River related to the Project as a result of any designation 
made under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

SEC. 403. CALFED STORAGE ACCOUNTABILITY.

    If the Secretary of the Interior fails to provide the feasibility 
studies described in section 401 to the appropriate committees of the 
House of Representatives and the Senate by the times prescribed, the 
Secretary shall notify each committee chair individually in person on 
the status of each project once a month until the feasibility study for 
that project is provided to Congress.

SEC. 404. WATER STORAGE PROJECT CONSTRUCTION.

    (a) Partnership and Agreements.--The Secretary of the Interior, 
acting through the Commissioner of the Bureau of Reclamation, may 
partner or enter into an agreement on the water storage projects 
identified in section 103(d)(1) of the Water Supply Reliability and 
Environmental Improvement Act (Public Law 108-361) (and Acts 
supplemental and amendatory to the Act) with local joint powers 
authorities formed pursuant to State law by irrigation districts and 
other local water districts and local governments within the applicable 
hydrologic region, to advance those projects.
    (b) Authorization for Project.--If the Secretary determines a 
project described in section 402(a)(1) and (2) is feasible, the 
Secretary is authorized to carry out the project in a manner that is 
substantially in accordance with the recommended plan, and subject to 
the conditions described in the feasibility study, provided that no 
Federal funding shall be used to construct the project.

                   TITLE V--WATER RIGHTS PROTECTIONS

SEC. 501. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this Act on potential impacts to 
any consistency determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 2080.1.
    (b) Additional Yield.--If, as a result of the application of this 
Act, the California Department of Fish and Wildlife--
            (1) revokes the consistency determinations pursuant to 
        California Fish and Game Code section 2080.1 that are 
        applicable to the State Water Project;
            (2) amends or issues one or more new consistency 
        determinations pursuant to California Fish and Game Code 
        section 2080.1 in a manner that directly or indirectly results 
        in reduced water supply to the State Water Project as compared 
        with the water supply available under the smelt biological 
        opinion and the salmonid biological opinion; or
            (3) requires take authorization under California Fish and 
        Game Code section 2081 for operation of the State Water Project 
        in a manner that directly or indirectly results in reduced 
        water supply to the State Water Project as compared with the 
        water supply available under the smelt biological opinion and 
        the salmonid biological opinion, and as a consequence of the 
        Department's action, Central Valley Project yield is greater 
        than it would have been absent the Department's actions, then 
        that additional yield shall be made available to the State 
        Water Project for delivery to State Water Project contractors 
        to offset losses resulting from the Department's action.
    (c) Notification Related to Environmental Protections.--The 
Secretary of the Interior shall immediately notify the Director of the 
California Department of Fish and Wildlife in writing if the Secretary 
of the Interior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with this Act 
reduces environmental protections for any species covered by the 
opinions.

SEC. 502. AREA OF ORIGIN PROTECTIONS.

    (a) In General.--The Secretary of the Interior is directed, in the 
operation of the Central Valley Project, to adhere to California's 
water rights laws governing water rights priorities and to honor water 
rights senior to those held by the United States for operation of the 
Central Valley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 19, 1914, as 
well as water rights and other priorities perfected or to be perfected 
pursuant to California Water Code Part 2 of Division 2. Article 1.7 
(commencing with section 1215 of chapter 1 of part 2 of division 2, 
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and 
sections 12200 to 12220, inclusive).
    (b) Diversions.--Any action undertaken by the Secretary of the 
Interior and the Secretary of Commerce pursuant to both this Act and 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) that requires that diversions from the Sacramento River or the 
San Joaquin River watersheds upstream of the Delta be bypassed shall 
not be undertaken in a manner that alters the water rights priorities 
established by California law.
    (c) Endangered Species Act.--Nothing in this title alters the 
existing authorities provided to and obligations placed upon the 
Federal Government under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), as amended.
    (d) Contracts.--With respect to individuals and entities with water 
rights on the Sacramento River, the mandates of this section may be 
met, in whole or in part, through a contract with the Secretary of the 
Interior executed pursuant to section 14 of Public Law 76-260; 53 Stat. 
1187 (43 U.S.C. 389) that is in conformance with the Sacramento River 
Settlement Contracts renewed by the Secretary of the Interior in 2005.

SEC. 503. NO REDIRECTED ADVERSE IMPACTS.

    (a) In General.--The Secretary of the Interior shall ensure that, 
except as otherwise provided for in a water service or repayment 
contract, actions taken in compliance with legal obligations imposed 
pursuant to or as a result of this Act, including such actions under 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) and other applicable Federal and State laws, shall not directly 
or indirectly--
            (1) result in the involuntary reduction of water supply or 
        fiscal impacts to individuals or districts who receive water 
        from either the State Water Project or the United States under 
        water rights settlement contracts, exchange contracts, water 
        service contracts, repayment contracts, or water supply 
        contracts; or
            (2) cause redirected adverse water supply or fiscal impacts 
        to those within the Sacramento River watershed, the San Joaquin 
        River watershed or the State Water Project service area.
    (b) Costs.--To the extent that costs are incurred solely pursuant 
to or as a result of this Act and would not otherwise have been 
incurred by any entity or public or local agency or subdivision of the 
State of California, such costs shall not be borne by any such entity, 
agency, or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis.
    (c) Rights and Obligations Not Modified or Amended.--Nothing in 
this Act shall modify or amend the rights and obligations of the 
parties to any existing--
            (1) water service, repayment, settlement, purchase, or 
        exchange contract with the United States, including the 
        obligation to satisfy exchange contracts and settlement 
        contracts prior to the allocation of any other Central Valley 
        Project water; or
            (2) State Water Project water supply or settlement contract 
        with the State.

SEC. 504. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

    (a) Allocations.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b), the Secretary of the Interior is directed, in the 
        operation of the Central Valley Project, to allocate water 
        provided for irrigation purposes to existing Central Valley 
        Project agricultural water service contractors within the 
        Sacramento River Watershed in compliance with the following:
                    (A) Not less than 100 percent of their contract 
                quantities in a ``Wet'' year.
                    (B) Not less than 100 percent of their contract 
                quantities in an ``Above Normal'' year.
                    (C) Not less than 100 percent of their contract 
                quantities in a ``Below Normal'' year that is preceded 
                by an ``Above Normal'' or a ``Wet'' year.
                    (D) Not less than 50 percent of their contract 
                quantities in a ``Dry'' year that is preceded by a 
                ``Below Normal,'' an ``Above Normal,'' or a ``Wet'' 
                year.
                    (E) In all other years not identified herein, the 
                allocation percentage for existing Central Valley 
                Project agricultural water service contractors within 
                the Sacramento River Watershed shall not be less than 
                twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors, up to 100 percent; provided, that nothing 
                herein shall preclude an allocation to existing Central 
                Valley Project agricultural water service contractors 
                within the Sacramento River Watershed that is greater 
                than twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors.
            (2) Conditions.--The Secretary's actions under paragraph 
        (a) shall be subject to--
                    (A) the priority of individuals or entities with 
                Sacramento River water rights, including those with 
                Sacramento River Settlement Contracts, that have 
                priority to the diversion and use of Sacramento River 
                water over water rights held by the United States for 
                operations of the Central Valley Project;
                    (B) the United States obligation to make a 
                substitute supply of water available to the San Joaquin 
                River Exchange Contractors; and
                    (C) the Secretary's obligation to make water 
                available to managed wetlands pursuant to section 
                3406(d) of the Central Valley Project Improvement Act 
                (Public Law 102-575).
    (b) Protection of Municipal and Industrial Supplies.--Nothing in 
subsection (a) shall be deemed to--
            (1) modify any provision of a water service contract that 
        addresses municipal and industrial water shortage policies of 
        the Secretary;
            (2) affect or limit the authority of the Secretary to adopt 
        or modify municipal and industrial water shortage policies;
            (3) affect or limit the authority of the Secretary to 
        implement municipal and industrial water shortage policies; or
            (4) affect allocations to Central Valley Project municipal 
        and industrial contractors pursuant to such policies.
Neither subsection (a) nor the Secretary's implementation of subsection 
(a) shall constrain, govern or affect, directly, the operations of the 
Central Valley Project's American River Division or any deliveries from 
that Division, its units or facilities.
    (c) No Effect on Allocations.--This section shall not--
            (1) affect the allocation of water to Friant Division 
        contractors; or
            (2) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant Division.
    (d) Program for Water Rescheduling.--The Secretary of the Interior 
shall develop and implement a program, not later than 1 year after the 
date of the enactment of this Act, to provide for the opportunity for 
existing Central Valley Project agricultural water service contractors 
within the Sacramento River Watershed to reschedule water, provided for 
under their Central Valley Project water service contracts, from one 
year to the next.
    (e) Definitions.--In this section:
            (1) 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 the enactment of this section, that provides water for 
        irrigation.
            (2) The year type terms used in subsection (a) have the 
        meaning given those year types in the Sacramento Valley Water 
        Year Type (40-30-30) Index.

SEC. 505. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this Act preempts or modifies any existing obligation of 
the United States under Federal reclamation law to operate the Central 
Valley Project in conformity with State law, including established 
water rights priorities.

                        TITLE VI--MISCELLANEOUS

SEC. 601. AUTHORIZED SERVICE AREA.

    (a) In General.--The authorized service area of the Central Valley 
Project authorized under the Central Valley Project Improvement Act 
(Public Law 102-575; 106 Stat. 4706) shall include the area within the 
boundaries of the Kettleman City Community Services District, 
California, as in existence on 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 of the Interior, in 
        accordance with the Federal reclamation laws, shall enter into 
        a long-term contract with the Kettleman City Community Services 
        District, California, under terms and conditions mutually 
        agreeable to the parties, for the delivery of up to 900 acre-
        feet of Central Valley Project water for municipal and 
        industrial use.
            (2) Limitation.--Central Valley Project water deliveries 
        authorized under the contract entered into under paragraph (1) 
        shall be limited to the minimal quantity necessary to meet the 
        immediate needs of the Kettleman City Community Services 
        District, California, in the event that local supplies or State 
        Water Project allocations are insufficient to meet those needs.
    (c) Permit.--The Secretary shall apply for a permit with the State 
for a joint place of use for water deliveries authorized under the 
contract entered into under subsection (b) with respect to the expanded 
service area under subsection (a), consistent with State law.
    (d) Additional Costs.--If any additional infrastructure, water 
treatment, or related costs are needed to implement this section, those 
costs shall be the responsibility of the non-Federal entity.

SEC. 602. OVERSIGHT BOARD FOR RESTORATION FUND.

    (a) Plan; Advisory Board.--Section 3407 of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4726) is amended 
by adding at the end the following:
    ``(g) Plan 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 into 
        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 11 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, including at 
                        least one agricultural user from north-of-the-
                        Delta and one agricultural user from south-of-
                        the-Delta;
                            ``(ii) 2 members shall be municipal and 
                        industrial users of the Central Valley Project, 
                        including one municipal and industrial user 
                        from north-of-the-Delta and one municipal and 
                        industrial user from south-of-the-Delta;
                            ``(iii) 3 members shall be power 
                        contractors of the Central Valley Project, 
                        including at least one power contractor from 
                        north-of-the-Delta and from south-of-the-Delta;
                            ``(iv) 1 member shall be a representative 
                        of a Federal national wildlife refuge that 
                        contracts for Central Valley Project water 
                        supplies with the Bureau of Reclamation; and
                            ``(v) 1 member shall have expertise in the 
                        economic impacts of the changes to water 
                        operations.
                    ``(B) Observer.--The Secretary and the Secretary of 
                Commerce may each designate a representative to act as 
                an observer of the Advisory Board.
                    ``(C) Chair.--The Secretary shall appoint 1 of the 
                members described in subparagraph (A) to serve as Chair 
                of the Advisory Board.
            ``(3) Terms.--The term of each member of the Advisory Board 
        shall be 4 years.
            ``(4) Date of appointments.--The appointment of a member of 
        the Panel shall be made not later than--
                    ``(A) the date that is 120 days after the date of 
                enactment of this Act; or
                    ``(B) in the case of a vacancy on the Panel 
                described in subsection (c)(2), the date that is 120 
                days after the date on which the vacancy occurs.
            ``(5) Vacancies.--
                    ``(A) In general.--A vacancy on the Panel shall be 
                filled in the manner in which the original appointment 
                was made and shall be subject to any conditions that 
                applied with respect to the original appointment.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
                    ``(C) Expiration of terms.--The term of any member 
                shall not expire before the date on which the successor 
                of the member takes office.
            ``(6) Removal.--A member of the Panel may be removed from 
        office by the Secretary of the Interior.
            ``(7) Federal advisory committee act.--The Panel shall not 
        be subject to the requirements of the Federal Advisory 
        Committee Act.
            ``(8) 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, 2015, and 
                annually thereafter, to submit to the Secretary and 
                Congress the recommendations under subparagraph (A); 
                and
                    ``(D) not later than December 31, 2015, and 
                biennially thereafter, to submit to Congress details of 
                the progress made in achieving the actions required 
                under section 3406.
            ``(9) Administration.--With the consent of the appropriate 
        agency head, the Advisory Board may use the facilities and 
        services of any Federal agency.
            ``(10) Cooperation and assistance.--
                    ``(A) Provision of information.--Upon request of 
                the Panel Chair for information or assistance to 
                facilitate carrying out this section, the Secretary of 
                the Interior shall promptly provide such information, 
                unless otherwise prohibited by law.
                    ``(B) Space and assistance.--The Secretary of the 
                Interior shall provide the Panel with appropriate and 
                adequate office space, together with such equipment, 
                office supplies, and communications facilities and 
                services as may be necessary for the operation of the 
                Panel, and shall provide necessary maintenance services 
                for such offices and the equipment and facilities 
                located therein.''.

SEC. 603. WATER SUPPLY ACCOUNTING.

    (a) In General.--All Central Valley Project water, except Central 
Valley Project water released pursuant to U.S. Department of the 
Interior Record of Decision, Trinity River Mainstem Fishery Restoration 
Final Environmental Impact Statement/Environmental Impact Report dated 
December 2000 used to implement an action undertaken for a fishery 
beneficial purpose that was not imposed by terms and conditions 
existing in licenses, permits, and other agreements pertaining to the 
Central Valley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of Central 
Valley Project yield dedicated and managed under this section; 
provided, that nothing herein shall affect the Secretary of the 
Interior's duty to comply with any otherwise lawful requirement imposed 
on operations of the Central Valley Project under any provision of 
Federal or State law.
    (b) Reclamation Policies and Allocations.--Reclamation policies and 
allocations shall not be based upon any premise or assumption that 
Central Valley Project contract supplies are supplemental or secondary 
to any other contractor source of supply.

SEC. 604. IMPLEMENTATION OF WATER REPLACEMENT PLAN.

    (a) In General.--Not later than October 1, 2016, the Secretary of 
the Interior shall update and implement the plan required by section 
3408(j) of title XXXIV of Public Law 102-575. The Secretary shall 
notify the Congress annually describing the progress of implementing 
the plan required by section 3408(j) of title XXXIV of Public Law 102-
575.
    (b) Potential Amendment.--If the plan required in subsection (a) 
has not increased the Central Valley Project yield by 800,000 acre-feet 
within 5 years after the enactment of this Act, then section 3406 of 
the Central Valley Project Improvement Act (title XXXIV of Public Law 
102-575) is amended as follows:
            (1) In subsection (b)--
                    (A) by amending paragraph (2)(C) to read:
                    ``(C) If by March 15, 2021, and any year thereafter 
                the quantity of Central Valley Project water forecasted 
                to be made available to all water service or repayment 
                contractors of the Central Valley Project is below 50 
                percent of the total quantity of water to be made 
                available under said contracts, the quantity of Central 
                Valley Project yield dedicated and managed for that 
                year under this paragraph shall be reduced by 25 
                percent.''.

SEC. 605. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

    After the date of the enactment of this title, 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 any anadromous or pelagic fish species that 
resides for all or a portion of its life in the Sacramento-San Joaquin 
Delta or rivers tributary thereto.

SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL VALLEY PROJECT TO 
              INTERESTED PROVIDERS.

    (a) Definitions.--For the purposes of this section, the following 
terms apply:
            (1) Interested local water and power providers.--The term 
        ``interested local water and power providers'' includes the 
        Calaveras County Water District, Calaveras Public Power Agency, 
        Central San Joaquin Water Conservation District, Oakdale 
        Irrigation District, Stockton East Water District, South San 
        Joaquin Irrigation District, Tuolumne Utilities District, 
        Tuolumne Public Power Agency, and Union Public Utilities 
        District.
            (2) New melones unit, central valley project.--The term 
        ``New Melones Unit, Central Valley Project'' means all Federal 
        reclamation projects located within or diverting water from or 
        to the watershed of the Stanislaus and San Joaquin rivers and 
        their tributaries as authorized by the Act of August 26, 1937 
        (50 Stat. 850), and all Acts amendatory or supplemental 
        thereto, including the Act of October 23, 1962 (76 Stat. 1173).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Negotiations.--Notwithstanding any other provision of law, not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall enter into negotiations with interested local water and 
power providers for the transfer ownership, control, and operation of 
the New Melones Unit, Central Valley Project to interested local water 
and power providers within the State of California.
    (c) Transfer.--The Secretary shall transfer the New Melones Unit, 
Central Valley Project in accordance with an agreement reached pursuant 
to negotiations conducted under subsection (b).
    (d) Notification.--Not later than 360 days after the date of the 
enactment of this Act, and every 6 months thereafter, the Secretary 
shall notify the appropriate committees of the House of Representatives 
and the Senate--
            (1) if an agreement is reached pursuant to negotiations 
        conducted under subsection (b), the terms of that agreement;
            (2) of the status of formal discussions with interested 
        local water and power providers for the transfer of ownership, 
        control, and operation of the New Melones Unit, Central Valley 
        Project to interested local water and power providers;
            (3) of all unresolved issues that are preventing execution 
        of an agreement for the transfer of ownership, control, and 
        operation of the New Melones Unit, Central Valley Project to 
        interested local water and power providers;
            (4) on analysis and review of studies, reports, 
        discussions, hearing transcripts, negotiations, and other 
        information about past and present formal discussions that--
                    (A) have a serious impact on the progress of the 
                formal discussions;
                    (B) explain or provide information about the issues 
                that prevent progress or finalization of formal 
                discussions; or
                    (C) are, in whole or in part, preventing execution 
                of an agreement for the transfer; and
            (5) of any actions the Secretary recommends that the United 
        States should take to finalize an agreement for that transfer.

SEC. 607. BASIN STUDIES.

    (a) Authorized Studies.--The Secretary of the Interior is 
authorized and directed to expand opportunities and expedite completion 
of assessments under section 9503(b) of the SECURE Water Act (42 U.S.C. 
10363(b)), with non-Federal partners, of individual sub-basins and 
watersheds within major Reclamation river basins; and shall ensure 
timely decision and expedited implementation of adaptation and 
mitigation strategies developed through the special study process.
    (b) Funding.--
            (1) In general.--The non-Federal partners shall be 
        responsible for 100 percent of the cost of the special studies.
            (2) Contributed funds.--The Secretary may accept and use 
        contributions of funds from the non-Federal partners to carry 
        out activities under the special studies.

SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION.

    The Secretary of the Interior, in the operation of the Trinity 
River Division of the Central Valley Project, shall not make releases 
from Lewiston Dam in excess of the volume for each water-year type 
required by the U.S. Department of the Interior Record of Decision, 
Trinity River Mainstem Fishery Restoration Final Environmental Impact 
Statement/Environmental Impact Report dated December 2000.
            (1) A maximum of 369,000 acre-feet in a ``Critically Dry'' 
        year.
            (2) A maximum of 453,000 acre-feet in a ``Dry'' year.
            (3) A maximum of 647,000 acre-feet in a ``Normal'' year.
            (4) A maximum of 701,000 acre-feet in a ``Wet'' year.
            (5) A maximum of 815,000 acre-feet in an ``Extremely Wet'' 
        year.

SEC. 609. AMENDMENT TO PURPOSES.

    Section 3402 of the Central Valley Project Improvement Act (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 by December 31, 2018, at the lowest cost reasonably 
achievable; and
    ``(h) to facilitate and expedite water transfers in accordance with 
this Act.''.

SEC. 610. AMENDMENT TO DEFINITION.

    Section 3403 of the Central Valley Project Improvement Act (106 
Stat. 4707) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) the term `anadromous fish' means those native stocks of 
salmon (including steelhead) and sturgeon that, as of October 30, 1992, 
were present in the Sacramento and San Joaquin Rivers and their 
tributaries and ascend those rivers and their tributaries to reproduce 
after maturing in San Francisco Bay or the Pacific Ocean;'';
            (2) in subsection (l), by striking ``and,'';
            (3) in subsection (m), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
    ``(n) the term `reasonable flow' means water flows capable of being 
maintained taking into account competing consumptive uses of water and 
economic, environmental, and social factors.''.

                 TITLE VII--WATER SUPPLY PERMITTING ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Water Supply Permitting 
Coordination Act''.

SEC. 702. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) Qualifying projects.--The term ``qualifying projects'' 
        means new surface water storage projects in the States covered 
        under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
        and Acts supplemental to and amendatory of that Act (43 U.S.C. 
        371 et seq.) constructed on lands administered by the 
        Department of the Interior or the Department of Agriculture, 
        exclusive of any easement, right-of-way, lease, or any private 
        holding.
            (4) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 703(c).

SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau of Reclamation is 
established as the lead agency for purposes of coordinating all 
reviews, analyses, opinions, statements, permits, licenses, or other 
approvals or decisions required under Federal law to construct 
qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal laws and 
        regulations; and
            (2) notify any such agency, within a reasonable timeframe, 
        that the agency has been designated as a cooperating agency in 
        regards to the qualifying project unless that agency responds 
        to the Bureau in writing, within a timeframe set forth by the 
        Bureau, notifying the Bureau that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated therewith; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of such a 
                project or make any decision with respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying project is 
being considered may choose, consistent with State law--
            (1) to participate as a cooperating agency; and
            (2) to make subject to the processes of this title all 
        State agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.

SEC. 704. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this title are to--
            (1) serve as the point of contact for applicants, State 
        agencies, Indian tribes, and others regarding proposed 
        qualifying projects;
            (2) coordinate preparation of unified environmental 
        documentation that will serve as the basis for all Federal 
        decisions necessary to authorize the use of Federal lands for 
        qualifying projects; and
            (3) coordinate all Federal agency reviews necessary for 
        project development and construction of qualifying projects.
    (b) Coordination Process.--The Bureau shall have the following 
coordination responsibilities:
            (1) Pre-application coordination.--Notify cooperating 
        agencies of proposed qualifying projects not later than 30 days 
        after receipt of a proposal and facilitate a preapplication 
        meeting for prospective applicants, relevant Federal and State 
        agencies, and Indian tribes to--
                    (A) explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify and obtain relevant data in a timely manner, 
        and set necessary deadlines for cooperating agencies.
            (3) Schedule.--Work with the qualifying project applicant 
        and cooperating agencies to establish a project schedule. In 
        establishing the schedule, the Bureau shall consider, among 
        other factors--
                    (A) the responsibilities of cooperating agencies 
                under applicable laws and regulations;
                    (B) the resources available to the cooperating 
                agencies and the non-Federal qualifying project 
                sponsor, as applicable;
                    (C) the overall size and complexity of the 
                qualifying project;
                    (D) the overall schedule for and cost of the 
                qualifying project; and
                    (E) the sensitivity of the natural and historic 
                resources that may be affected by the qualifying 
                project.
            (4) Environmental compliance.--Prepare a unified 
        environmental review document for each qualifying project 
        application, incorporating a single environmental record on 
        which all cooperating agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than one year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than one year and 30 days after the 
                close of the public comment period for a draft 
                environmental impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), when an environmental impact statement is 
                required under the same.
            (5) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the cooperating agencies as the basis for agency 
        decisions.
            (6) Project data records.--To the extent practicable and 
        consistent with Federal law, ensure that all project data is 
        submitted and maintained in generally accessible electronic 
        format, compile, and where authorized under existing law, make 
        available such project data to cooperating agencies, the 
        qualifying project applicant, and to the public.
            (7) Project manager.--Appoint a project manager for each 
        qualifying project. The project manager shall have authority to 
        oversee the project and to facilitate the issuance of the 
        relevant final authorizing documents, and shall be responsible 
        for ensuring fulfillment of all Bureau responsibilities set 
        forth in this section and all cooperating agency 
        responsibilities under section 705.

SEC. 705. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--Upon notification of an 
application for a qualifying project, all cooperating agencies shall 
submit to the Bureau a timeframe under which the cooperating agency 
reasonably considers it will be able to complete its authorizing 
responsibilities. The Bureau shall use the timeframe submitted under 
this subsection to establish the project schedule under section 704, 
and the cooperating agencies shall adhere to the project schedule 
established by the Bureau.
    (b) Environmental Record.--Cooperating agencies shall submit to the 
Bureau all environmental review material produced or compiled in the 
course of carrying out activities required under Federal law consistent 
with the project schedule established by the Bureau.
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the cooperating agencies shall submit all relevant project 
data to the Bureau in a generally accessible electronic format subject 
to the project schedule set forth by the Bureau.

SEC. 706. FUNDING TO PROCESS PERMITS.

    (a) In General.--The Secretary, after public notice in accordance 
with the Administrative Procedures Act (5 U.S.C. 553), may accept and 
expend funds contributed by a non-Federal public entity to expedite the 
evaluation of a permit of that entity related to a qualifying project.
    (b) Effect on Permitting.--
            (1) In general.--In carrying out this section, the 
        Secretary shall ensure that the use of funds accepted under 
        subsection (a) will not impact impartial decisionmaking with 
        respect to permits, either substantively or procedurally.
            (2) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau, or the Regional Director's designee, of the 
                region in which the qualifying project or activity is 
                located; and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (3) Impartial decisionmaking.--In carrying out this 
        section, the Secretary and the cooperating agencies receiving 
        funds under this section for qualifying projects shall ensure 
        that the use of the funds accepted under this section for such 
        projects shall not--
                    (A) impact impartial decisionmaking with respect to 
                the issuance of permits, either substantively or 
                procedurally; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of such agencies.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(2)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the Internet.

         TITLE VIII--BUREAU OF RECLAMATION PROJECT STREAMLINING

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Bureau of Reclamation Project 
Streamlining Act''.

SEC. 802. DEFINITIONS.

    In this title:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (2) Environmental review process.--
                    (A) In general.--The term ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (3) Federal jurisdictional agency.--The term ``Federal 
        jurisdictional agency'' means a Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
            (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation.
            (5) Project.--The term ``project'' means a surface water 
        project, a project under the purview of title XVI of Public Law 
        102-575, or a rural water supply project investigated under 
        Public Law 109-451 to be carried out, funded or operated in 
        whole or in party by the Secretary pursuant to the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
            (6) Project sponsor.--The term ``project sponsor'' means a 
        State, regional, or local authority or instrumentality or other 
        qualifying entity, such as a water conservation district, 
        irrigation district, water conservancy district, joint powers 
        authority, mutual water company, canal company, rural water 
        district or association, or any other entity that has the 
        capacity to contract with the United States under Federal 
        reclamation law.
            (7) Project study.--The term ``project study'' means a 
        feasibility study for a project carried out pursuant to the Act 
        of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
        supplemental to and amendatory of that Act (43 U.S.C. 371 et 
        seq.).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Surface water storage.--The term ``surface water 
        storage'' means any surface water reservoir or impoundment that 
        would be owned, funded or operated in whole or in part by the 
        Bureau of Reclamation or that would be integrated into a larger 
        system owned, operated or administered in whole or in part by 
        the Bureau of Reclamation.

SEC. 803. ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a project study 
initiated by the Secretary, after the date of enactment of this Act, 
under the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto, shall--
            (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the local project area, 
        region, and headquarters levels of the Bureau of Reclamation 
        concurrently conduct the review required under this section.
    (b) Extension.--If the Secretary determines that a project study 
described in subsection (a) will not be conducted in accordance with 
subsection (a), the Secretary, not later than 30 days after the date of 
making the determination, shall--
            (1) prepare an updated project study schedule and cost 
        estimate;
            (2) notify the non-Federal project cost-sharing partner 
        that the project study has been delayed; and
            (3) provide written notice to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate as to the reasons 
        the requirements of subsection (a) are not attainable.
    (c) Exception.--
            (1) In general.--Notwithstanding the requirements of 
        subsection (a), the Secretary may extend the timeline of a 
        project study by a period not to exceed 3 years, if the 
        Secretary determines that the project study is too complex to 
        comply with the requirements of subsection (a).
            (2) Factors.--In making a determination that a study is too 
        complex to comply with the requirements of subsection (a), the 
        Secretary shall consider--
                    (A) the type, size, location, scope, and overall 
                cost of the project;
                    (B) whether the project will use any innovative 
                design or construction techniques;
                    (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                    (D) whether there is significant public dispute as 
                to the nature or effects of the project; and
                    (E) whether there is significant public dispute as 
                to the economic or environmental costs or benefits of 
                the project.
            (3) Notification.--Each time the Secretary makes a 
        determination under this subsection, the Secretary shall 
        provide written notice to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate as to the results of that 
        determination, including an identification of the specific one 
        or more factors used in making the determination that the 
        project is complex.
            (4) Limitation.--The Secretary shall not extend the 
        timeline for a project study for a period of more than 7 years, 
        and any project study that is not completed before that date 
        shall no longer be authorized.
    (d) Reviews.--Not later than 90 days after the date of the 
initiation of a project study described in subsection (a), the 
Secretary shall--
            (1) take all steps necessary to initiate the process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 805;
            (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 805(d) that may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study; and
            (3) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the 
        project to be conducted by other agencies in a thorough and 
        timely manner.
    (e) Interim Report.--Not later than 18 months after the date of 
enactment of this Act, 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 and make publicly available 
a report that describes--
            (1) the status of the implementation of the planning 
        process under this section, including the number of 
        participating projects;
            (2) a review of project delivery schedules, including a 
        description of any delays on those studies initiated prior to 
        the date of the enactment of this Act; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project.
    (f) Final Report.--Not later than 4 years after the date of 
enactment of this Act, 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 and make publicly available 
a report that describes--
            (1) the status of the implementation of this section, 
        including a description of each project study subject to the 
        requirements of this section;
            (2) the amount of time taken to complete each project 
        study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.

SEC. 804. EXPEDITED COMPLETION OF REPORTS.

    The Secretary shall--
            (1) expedite the completion of any ongoing project study 
        initiated before the date of enactment of this Act; and
            (2) if the Secretary determines that the project is 
        justified in a completed report, proceed directly to 
        preconstruction planning, engineering, and design of the 
        project in accordance with the Reclamation Act of 1902 (32 
        Stat. 388), and all Acts amendatory thereof or supplementary 
        thereto.

SEC. 805. PROJECT ACCELERATION.

    (a) Applicability.--
            (1) In general.--This section shall apply to--
                    (A) each project study that is initiated after the 
                date of enactment of this Act and for which an 
                environmental impact statement is prepared under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (B) the extent determined appropriate by the 
                Secretary, to other project studies initiated before 
                the date of enactment of this Act and for which an 
                environmental review process document is prepared under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    (C) any project study for the development of a non-
                federally owned and operated surface water storage 
                project for which the Secretary determines there is a 
                demonstrable Federal interest and the project--
                            (i) is located in a river basin where other 
                        Bureau of Reclamation water projects are 
                        located;
                            (ii) will create additional water supplies 
                        that support Bureau of Reclamation water 
                        projects; or
                            (iii) will become integrated into the 
                        operation of Bureau of Reclamation water 
                        projects.
            (2) Flexibility.--Any authority granted under this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for the conduct of an environmental 
        review process for a project study, a class of project studies, 
        or a program of project studies.
            (3) List of project studies.--
                    (A) In general.--The Secretary shall annually 
                prepare, and make publicly available, a list of all 
                project studies that the Secretary has determined--
                            (i) meets the standards described in 
                        paragraph (1); and
                            (ii) does not have adequate funding to make 
                        substantial progress toward the completion of 
                        the project study.
                    (B) Inclusions.--The Secretary shall include for 
                each project study on the list under subparagraph (A) a 
                description of the estimated amounts necessary to make 
                substantial progress on the project study.
    (b) Project Review Process.--
            (1) In general.--The Secretary shall develop and implement 
        a coordinated environmental review process for the development 
        of project studies.
            (2) Coordinated review.--The coordinated environmental 
        review process described in paragraph (1) shall require that 
        any review, analysis, opinion, statement, permit, license, or 
        other approval or decision issued or made by a Federal, State, 
        or local governmental agency or an Indian tribe for a project 
        study described in subsection (b) be conducted, to the maximum 
        extent practicable, concurrently with any other applicable 
        governmental agency or Indian tribe.
            (3) Timing.--The coordinated environmental review process 
        under this subsection shall be completed not later than the 
        date on which the Secretary, in consultation and concurrence 
        with the agencies identified under section 805(d), establishes 
        with respect to the project study.
    (c) Lead Agencies.--
            (1) Joint lead agencies.--
                    (A) In general.--Subject to the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and the requirements of section 1506.8 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), including the concurrence of the proposed 
                joint lead agency, a project sponsor may serve as the 
                joint lead agency.
                    (B) Project sponsor as joint lead agency.--A 
                project sponsor that is a State or local governmental 
                entity may--
                            (i) with the concurrence of the Secretary, 
                        serve as a joint lead agency with the Federal 
                        lead agency for purposes of preparing any 
                        environmental document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.); and
                            (ii) prepare any environmental review 
                        process document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) required in support of any action 
                        or approval by the Secretary if--
                                    (I) the Secretary provides guidance 
                                in the preparation process and 
                                independently evaluates that document;
                                    (II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            (aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            (bb) any regulation 
                                        implementing that Act; and
                                            (cc) any other applicable 
                                        Federal law; and
                                    (III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            (2) Duties.--The Secretary shall ensure that--
                    (A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the 
                Secretary and the project sponsor in any environmental 
                document prepared by the project sponsor in accordance 
                with this subsection; and
                    (B) any environmental document prepared by the 
                project sponsor is appropriately supplemented to 
                address any changes to the project the Secretary 
                determines are necessary.
            (3) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency making any determination 
        related to the project study to the same extent that the 
        Federal agency could adopt or use a document prepared by 
        another Federal agency under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            (4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    (A) to take such actions as are necessary and 
                proper and within the authority of the Federal lead 
                agency to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    (B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a project study required to be 
                completed under the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) is completed in 
                accordance with this section and applicable Federal 
                law.
    (d) Participating and Cooperating Agencies.--
            (1) Identification of jurisdictional agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary shall identify, as early as 
        practicable in the environmental review process, all Federal, 
        State, and local government agencies and Indian tribes that 
        may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (2) State authority.--If the environmental review process 
        is being implemented by the Secretary for a project study 
        within the boundaries of a State, the State, consistent with 
        State law, may choose to participate in the process and to make 
        subject to the process all State agencies that--
                    (A) have jurisdiction over the project;
                    (B) are required to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                    (C) are required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (3) Invitation.--
                    (A) In general.--The Federal lead agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    (B) Deadline.--An invitation to participate issued 
                under subparagraph (A) shall set a deadline by which a 
                response to the invitation shall be submitted, which 
                may be extended by the Federal lead agency for good 
                cause.
            (4) Procedures.--Section 1501.6 of title 40, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        the Bureau of Reclamation Project Streamlining Act) shall 
        govern the identification and the participation of a 
        cooperating agency.
            (5) Federal cooperating agencies.--Any Federal agency that 
        is invited by the Federal lead agency to participate in the 
        environmental review process for a project study shall be 
        designated as a cooperating agency by the Federal lead agency 
        unless the invited agency informs the Federal lead agency, in 
        writing, by the deadline specified in the invitation that the 
        invited agency--
                    (A)(i) has no jurisdiction or authority with 
                respect to the project;
                    (ii) has no expertise or information relevant to 
                the project; or
                    (iii) does not have adequate funds to participate 
                in the project; and
                    (B) does not intend to submit comments on the 
                project.
            (6) Administration.--A participating or cooperating agency 
        shall comply with this section and any schedule established 
        under this section.
            (7) Effect of designation.--Designation as a participating 
        or cooperating agency under this subsection shall not imply 
        that the participating or cooperating agency--
                    (A) supports a proposed project; or
                    (B) has any jurisdiction over, or special expertise 
                with respect to evaluation of, the project.
            (8) Concurrent reviews.--Each participating or cooperating 
        agency shall--
                    (A) carry out the obligations of that agency under 
                other applicable law concurrently and in conjunction 
                with the required environmental review process, unless 
                doing so would prevent the participating or cooperating 
                agency from conducting needed analysis or otherwise 
                carrying out those obligations; and
                    (B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.
    (e) Non-Federal Projects Integrated Into Reclamation Systems.--The 
Federal lead agency shall serve in that capacity for the entirety of 
all non-Federal projects that will be integrated into a larger system 
owned, operated or administered in whole or in part by the Bureau of 
Reclamation.
    (f) Non-Federal Project.--If the Secretary determines that a 
project can be expedited by a non-Federal sponsor and that there is a 
demonstrable Federal interest in expediting that project, the Secretary 
shall take such actions as are necessary to advance such a project as a 
non-Federal project, including, but not limited to, entering into 
agreements with the non-Federal sponsor of such project to support the 
planning, design and permitting of such project as a non-Federal 
project.
    (g) Programmatic Compliance.--
            (1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    (A) eliminates repetitive discussions of the same 
                issues;
                    (B) focuses on the actual issues ripe for analyses 
                at each level of review;
                    (C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that are needed to 
                carry out an environmental review process; and
                    (D) complies with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) all other applicable laws.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal, State, 
                and local governmental agencies, Indian tribes, and the 
                public on the appropriate use and scope of the 
                programmatic approaches;
                    (B) emphasize the importance of collaboration among 
                relevant Federal, State, and local governmental 
                agencies, and Indian tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    (C) ensure that the programmatic reviews--
                            (i) promote transparency, including of the 
                        analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, and local 
                        governmental agencies, Indian tribes, or the 
                        public, and the temporal and special scales to 
                        be used to analyze those issues;
                            (ii) use accurate and timely information in 
                        the environmental review process, including--
                                    (I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    (II) the timeline for updating any 
                                out-of-date review;
                            (iii) describe--
                                    (I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    (II) the role of the public in the 
                                creation of future tiered analysis; and
                            (iv) are available to other relevant 
                        Federal, State, and local governmental 
                        agencies, Indian tribes, and the public;
                    (D) allow not fewer than 60 days of public notice 
                and comment on any proposed guidance; and
                    (E) address any comments received under 
                subparagraph (D).
    (h) Coordinated Reviews.--
            (1) Coordination plan.--
                    (A) Establishment.--The Federal lead agency shall, 
                after consultation with and with the concurrence of 
                each participating and cooperating agency and the 
                project sponsor or joint lead agency, as applicable, 
                establish a plan for coordinating public and agency 
                participation in, and comment on, the environmental 
                review process for a project study or a category of 
                project studies.
                    (B) Schedule.--
                            (i) In general.--As soon as practicable but 
                        not later than 45 days after the close of the 
                        public comment period on a draft environmental 
                        impact statement, the Federal lead agency, 
                        after consultation with and the concurrence of 
                        each participating and cooperating agency and 
                        the project sponsor or joint lead agency, as 
                        applicable, shall establish, as part of the 
                        coordination plan established in subparagraph 
                        (A), a schedule for completion of the 
                        environmental review process for the project 
                        study.
                            (ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary shall 
                        consider factors such as--
                                    (I) the responsibilities of 
                                participating and cooperating agencies 
                                under applicable laws;
                                    (II) the resources available to the 
                                project sponsor, joint lead agency, and 
                                other relevant Federal and State 
                                agencies, as applicable;
                                    (III) the overall size and 
                                complexity of the project;
                                    (IV) the overall schedule for and 
                                cost of the project; and
                                    (V) the sensitivity of the natural 
                                and historical resources that could be 
                                affected by the project.
                            (iii) Modifications.--The Secretary may--
                                    (I) lengthen a schedule established 
                                under clause (i) for good cause; and
                                    (II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, as applicable.
                            (iv) Dissemination.--A copy of a schedule 
                        established under clause (i) shall be--
                                    (I) provided to each participating 
                                and cooperating agency and the project 
                                sponsor or joint lead agency, as 
                                applicable; and
                                    (II) made available to the public.
            (2) Comment deadlines.--The Federal lead agency shall 
        establish the following deadlines for comment during the 
        environmental review process for a project study:
                    (A) Draft environmental impact statements.--For 
                comments by Federal and State agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of the draft environmental impact statement, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
                    (B) Other environmental review processes.--For all 
                other comment periods established by the Federal lead 
                agency for agency or public comments in the 
                environmental review process, a period of not more than 
                30 days after the date on which the materials on which 
                comment is requested are made available, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor, or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
            (3) Deadlines for decisions under other laws.--In any case 
        in which a decision under any Federal law relating to a project 
        study, including the issuance or denial of a permit or license, 
        is required to be made by the date described in subsection 
        (i)(5)(B), 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) as soon as practicable after the 180-day period 
                described in subsection (i)(5)(B), an initial notice of 
                the failure of the Federal agency to make the decision; 
                and
                    (B) every 60 days thereafter until such date as all 
                decisions of the Federal agency relating to the project 
                study have been made by the Federal agency, an 
                additional notice that describes the number of 
                decisions of the Federal agency that remain outstanding 
                as of the date of the additional notice.
            (4) Involvement of the public.--Nothing in this subsection 
        reduces any time period provided for public comment in the 
        environmental review process under applicable Federal law 
        (including regulations).
            (5) Transparency reporting.--
                    (A) Reporting requirements.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall establish and maintain an electronic database 
                and, in coordination with other Federal and State 
                agencies, issue reporting requirements to make publicly 
                available the status and progress with respect to 
                compliance with applicable requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and any other Federal, State, or local approval 
                or action required for a project study for which this 
                section is applicable.
                    (B) Project study transparency.--Consistent with 
                the requirements established under subparagraph (A), 
                the Secretary shall make publicly available the status 
                and progress of any Federal, State, or local decision, 
                action, or approval required under applicable laws for 
                each project study for which this section is 
                applicable.
    (i) Issue Identification and Resolution.--
            (1) Cooperation.--The Federal lead agency, the cooperating 
        agencies, and any participating agencies shall work 
        cooperatively in accordance with this section to identify and 
        resolve issues that could delay completion of the environmental 
        review process or result in the denial of any approval required 
        for the project study under applicable laws.
            (2) Federal lead agency responsibilities.--
                    (A) In general.--The Federal lead agency shall make 
                information available to the cooperating agencies and 
                participating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the project area and the general locations of 
                the alternatives under consideration.
                    (B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            (3) Cooperating and participating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, cooperating and participating agencies 
        shall identify, as early as practicable, any issues of concern 
        regarding the potential environmental or socioeconomic impacts 
        of the project, including any issues that could substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the project study.
            (4) Accelerated issue resolution and elevation.--
                    (A) In general.--On the request of a participating 
                or cooperating agency or project sponsor, the Secretary 
                shall convene an issue resolution meeting with the 
                relevant participating and cooperating agencies and the 
                project sponsor or joint lead agency, as applicable, to 
                resolve issues that may--
                            (i) delay completion of the environmental 
                        review process; or
                            (ii) result in denial of any approval 
                        required for the project study under applicable 
                        laws.
                    (B) Meeting date.--A meeting requested under this 
                paragraph shall be held not later than 21 days after 
                the date on which the Secretary receives the request 
                for the meeting, unless the Secretary determines that 
                there is good cause to extend that deadline.
                    (C) Notification.--On receipt of a request for a 
                meeting under this paragraph, the Secretary shall 
                notify all relevant participating and cooperating 
                agencies of the request, including the issue to be 
                resolved and the date for the meeting.
                    (D) Elevation of issue resolution.--If a resolution 
                cannot be achieved within the 30-day period beginning 
                on the date of a meeting under this paragraph and a 
                determination is made by the Secretary that all 
                information necessary to resolve the issue has been 
                obtained, the Secretary shall forward the dispute to 
                the heads of the relevant agencies for resolution.
                    (E) Convention by secretary.--The Secretary may 
                convene an issue resolution meeting under this 
                paragraph at any time, at the discretion of the 
                Secretary, regardless of whether a meeting is requested 
                under subparagraph (A).
            (5) Financial penalty provisions.--
                    (A) In general.--A Federal jurisdictional agency 
                shall complete any required approval or decision for 
                the environmental review process on an expeditious 
                basis using the shortest existing applicable process.
                    (B) Failure to decide.--
                            (i) In general.--
                                    (I) Transfer of funds.--If a 
                                Federal jurisdictional agency fails to 
                                render a decision required under any 
                                Federal law relating to a project study 
                                that requires the preparation of an 
                                environmental impact statement or 
                                environmental assessment, including the 
                                issuance or denial of a permit, 
                                license, statement, opinion, or other 
                                approval by the date described in 
                                clause (ii), the amount of funds made 
                                available to support the office of the 
                                head of the Federal jurisdictional 
                                agency shall be reduced by an amount of 
                                funding equal to the amount specified 
                                in item (aa) or (bb) of subclause (II), 
                                and those funds shall be made available 
                                to the division of the Federal 
                                jurisdictional agency charged with 
                                rendering the decision by not later 
                                than 1 day after the applicable date 
                                under clause (ii), and once each week 
                                thereafter until a final decision is 
                                rendered, subject to subparagraph (C).
                                    (II) Amount to be transferred.--The 
                                amount referred to in subclause (I) 
                                is--
                                            (aa) $20,000 for any 
                                        project study requiring the 
                                        preparation of an environmental 
                                        assessment or environmental 
                                        impact statement; or
                                            (bb) $10,000 for any 
                                        project study requiring any 
                                        type of review under the 
                                        National Environmental Policy 
                                        Act of 1969 (42 U.S.C. 4321 et 
                                        seq.) other than an 
                                        environmental assessment or 
                                        environmental impact statement.
                            (ii) Description of date.--The date 
                        referred to in clause (i) is the later of--
                                    (I) the date that is 180 days after 
                                the date on which an application for 
                                the permit, license, or approval is 
                                complete; and
                                    (II) the date that is 180 days 
                                after the date on which the Federal 
                                lead agency issues a decision on the 
                                project under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    (C) Limitations.--
                            (i) In general.--No transfer of funds under 
                        subparagraph (B) relating to an individual 
                        project study shall exceed, in any fiscal year, 
                        an amount equal to 1 percent of the funds made 
                        available for the applicable agency office.
                            (ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result of a 
                        failure by an agency to make a decision by an 
                        applicable deadline shall not exceed an amount 
                        equal to 5 percent of the funds made available 
                        for the applicable agency office for that 
                        fiscal year.
                            (iii) Aggregate.--Notwithstanding any other 
                        provision of law, for each fiscal year, the 
                        aggregate amount of financial penalties 
                        assessed against each applicable agency office 
                        under this Act and any other Federal law as a 
                        result of a failure of the agency to make a 
                        decision by an applicable deadline for 
                        environmental review, including the total 
                        amount transferred under this paragraph, shall 
                        not exceed an amount equal to 9.5 percent of 
                        the funds made available for the agency office 
                        for that fiscal year.
                    (D) Notification of transfers.--Not later than 10 
                days after the last date in a fiscal year on which 
                funds of the Federal jurisdictional agency may be 
                transferred under subparagraph (B)(5) with respect to 
                an individual decision, the agency shall submit to the 
                appropriate committees of the House of Representatives 
                and the Senate written notification that includes a 
                description of--
                            (i) the decision;
                            (ii) the project study involved;
                            (iii) the amount of each transfer under 
                        subparagraph (B) in that fiscal year relating 
                        to the decision;
                            (iv) the total amount of all transfers 
                        under subparagraph (B) in that fiscal year 
                        relating to the decision; and
                            (v) the total amount of all transfers of 
                        the agency under subparagraph (B) in that 
                        fiscal year.
                    (E) No fault of agency.--
                            (i) In general.--A transfer of funds under 
                        this paragraph shall not be made if the 
                        applicable agency described in subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        Federal lead agency, cooperating agencies, and 
                        project sponsor, as applicable, that--
                                    (I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    (II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the 
                                project, requires additional analysis 
                                for the agency to make a decision on 
                                the project application; or
                                    (III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled timeframe, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                not enough funding is available to 
                                complete the review by the deadline.
                            (ii) Lack of financial resources.--If the 
                        agency provides notice under clause (i)(III), 
                        the Inspector General of the agency shall--
                                    (I) conduct a financial audit to 
                                review the notice; and
                                    (II) not later than 90 days after 
                                the date on which the review described 
                                in subclause (I) is completed, submit 
                                to the Committee on Natural Resources 
                                of the House of Representatives and the 
                                Committee on Energy and Natural 
                                Resources of the Senate the results of 
                                the audit conducted under subclause 
                                (I).
                    (F) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    (G) Effect of paragraph.--Nothing in this paragraph 
                affects or limits the application of, or obligation to 
                comply with, any Federal, State, local, or tribal law.
    (j) Memorandum of Agreements for Early Coordination.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State and 
                local agencies, and Indian tribes on environmental 
                review and Bureau of Reclamation project delivery 
                activities at the earliest practicable time to avoid 
                delays and duplication of effort later in the process, 
                prevent potential conflicts, and ensure that planning 
                and project development decisions reflect environmental 
                values; and
                    (B) the cooperation referred to in subparagraph (A) 
                should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            (2) Technical assistance.--If requested at any time by a 
        State or project sponsor, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or project sponsor in carrying out 
        early coordination activities.
            (3) Memorandum of agency agreement.--If requested at any 
        time by a State or project sponsor, the Federal lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, Indian tribes, 
        State and local governments, and other appropriate entities to 
        carry out the early coordination activities, including 
        providing technical assistance in identifying potential impacts 
        and mitigation issues in an integrated fashion.
    (k) Limitations.--Nothing in this section preempts or interferes 
with--
            (1) any obligation to comply with the provisions of any 
        Federal law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other Federal environmental law;
            (2) the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any State;
            (3) any requirement for seeking, considering, or responding 
        to public comment; or
            (4) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or project sponsor has with respect to carrying 
        out a project or any other provision of law applicable to 
        projects.
    (l) Timing of Claims.--
            (1) Timing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a claim arising under Federal law 
                seeking judicial review of a permit, license, or other 
                approval issued by a Federal agency for a project study 
                shall be barred unless the claim is filed not later 
                than 3 years after publication of a notice in the 
                Federal Register announcing that the permit, license, 
                or other approval is final pursuant to the law under 
                which the agency action is taken, unless a shorter time 
                is specified in the Federal law that allows judicial 
                review.
                    (B) Applicability.--Nothing in this subsection 
                creates a right to judicial review or places any limit 
                on filing a claim that a person has violated the terms 
                of a permit, license, or other approval.
            (2) New information.--
                    (A) In general.--The Secretary shall consider new 
                information received after the close of a comment 
                period if the information satisfies the requirements 
                for a supplemental environmental impact statement under 
                title 40, Code of Federal Regulations (including 
                successor regulations).
                    (B) Separate action.--The preparation of a 
                supplemental environmental impact statement or other 
                environmental document, if required under this section, 
                shall be considered a separate final agency action and 
                the deadline for filing a claim for judicial review of 
                the action shall be 3 years after the date of 
                publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.
    (m) Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall--
                    (A) survey the use by the Bureau of Reclamation of 
                categorical exclusions in projects since 2005;
                    (B) publish a review of the survey that includes a 
                description of--
                            (i) the types of actions that were 
                        categorically excluded or could be the basis 
                        for developing a new categorical exclusion; and
                            (ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    (C) solicit requests from other Federal agencies 
                and project sponsors for new categorical exclusions.
            (2) New categorical exclusions.--Not later than 1 year 
        after the date of enactment of this Act, if the Secretary has 
        identified a category of activities that merit establishing a 
        categorical exclusion that did not exist on the day before the 
        date of enactment this Act based on the review under paragraph 
        (1), the Secretary shall publish a notice of proposed 
        rulemaking to propose that new categorical exclusion, to the 
        extent that the categorical exclusion meets the criteria for a 
        categorical exclusion under section 1508.4 of title 40, Code of 
        Federal Regulations (or successor regulation).
    (n) Review of Project Acceleration Reforms.--
            (1) In general.--The Comptroller General of the United 
        States shall--
                    (A) assess the reforms carried out under this 
                section; and
                    (B) not later than 5 years and not later than 10 
                years after the date of enactment of this Act, 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 that describes the 
                results of the assessment.
            (2) Contents.--The reports under paragraph (1) shall 
        include an evaluation of impacts of the reforms carried out 
        under this section on--
                    (A) project delivery;
                    (B) compliance with environmental laws; and
                    (C) the environmental impact of projects.
    (o) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress made toward improving and 
expediting the planning and environmental review process.
    (p) Categorical Exclusions in Emergencies.--For the repair, 
reconstruction, or rehabilitation of a Bureau of Reclamation surface 
water storage project that is in operation or under construction when 
damaged by an event or incident that results in a declaration by the 
President of a major disaster or emergency pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Secretary shall treat such repair, reconstruction, or 
rehabilitation activity as a class of action categorically excluded 
from the requirements relating to environmental assessments or 
environmental impact statements under section 1508.4 of title 40, Code 
of Federal Regulations (or successor regulations), if the repair or 
reconstruction activity is--
            (1) in the same location with the same capacity, 
        dimensions, and design as the original Bureau of Reclamation 
        surface water storage project as before the declaration 
        described in this section; and
            (2) commenced within a 2-year period beginning on the date 
        of a declaration described in this subsection.

SEC. 806. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate an annual report, to be entitled 
``Report to Congress on Future Water Project Development'', that 
identifies the following:
            (1) Project reports.--Each project report that meets the 
        criteria established in subsection (c)(1)(A).
            (2) Proposed project studies.--Any proposed project study 
        submitted to the Secretary by a non-Federal interest pursuant 
        to subsection (b) that meets the criteria established in 
        subsection (c)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized water project or project study that meets the 
        criteria established in subsection (c)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (b); or
                    (B) is identified by the Secretary for 
                authorization.
            (4) Expedited completion of report and determinations.--Any 
        project study that was expedited and any Secretarial 
        determinations under section 804.
    (b) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for proposed 
        project studies and proposed modifications to authorized 
        projects and project studies to be included in the annual 
        report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the Internet; and
                    (B) provide written notification of the publication 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
    (c) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                project reports, proposed project studies, and proposed 
                modifications to authorized projects and project 
                studies that--
                            (i) are related to the missions and 
                        authorities of the Bureau of Reclamation;
                            (ii) require specific congressional 
                        authorization, including by an Act of Congress;
                            (iii) have not been congressionally 
                        authorized;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized, could be carried out by 
                        the Bureau of Reclamation.
                    (B) Description of benefits.--
                            (i) Description.--The Secretary shall 
                        describe in the annual report, to the extent 
                        applicable and practicable, for each proposed 
                        project study and proposed modification to an 
                        authorized water resources development project 
                        or project study included in the annual report, 
                        the benefits, as described in clause (ii), of 
                        each such study or proposed modification.
                            (ii) Benefits.--The benefits (or expected 
                        benefits, in the case of a proposed project 
                        study) described in this clause are benefits 
                        to--
                                    (I) the protection of human life 
                                and property;
                                    (II) improvement to domestic 
                                irrigated water and power supplies;
                                    (III) the national economy;
                                    (IV) the environment; or
                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the extent 
                practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        interest that submitted the proposed project 
                        study pursuant to subsection (b); and
                            (ii) for each proposed project study and 
                        proposed modification to a project or project 
                        study included in the annual report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the surface 
                                water storage development project that 
                                is the subject of the proposed 
                                feasibility study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each project report, proposed project study, 
        and proposed modification to a project or project study 
        included under paragraph (1)(A)--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (ii) the proposed project study;
                            (iii) the authorized project study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the water report;
                                            (bb) the proposed project 
                                        study; or
                                            (cc) the authorized project 
                                        study for which a modification 
                                        is proposed; or
                                    (II) the proposed modification to a 
                                project;
                    (B) a letter or statement of support for the water 
                report, proposed project study, or proposed 
                modification to a project or project study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to a 
                project or project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (i) the proposed modification to an 
                        authorized project study; and
                            (ii) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report; or
                                            (bb) the authorized project 
                                        study for which a modification 
                                        is proposed, with respect to 
                                        the change in costs resulting 
                                        from such modification; or
                                    (II) the proposed modification to 
                                an authorized project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the project that is the subject of--
                                    (I) the project report; or
                                    (II) the authorized project study 
                                for which a modification is proposed, 
                                with respect to the benefits of such 
                                modification; or
                            (ii) the proposed modification to an 
                        authorized project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification 
        to a project or project study included in the annual report 
        meets the criteria established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (b) that were not included in the annual report 
        under paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.
    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, publish in the Federal Register a notice required by 
        subsection (b)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (b)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (e) Publication.--Upon submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.
    (f) Definition.--In this section, the term ``project report'' means 
a final feasibility report developed under the Reclamation Act of 1902 
(32 Stat. 388), and all Acts amendatory thereof or supplementary 
thereto.

  TITLE IX--ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE 
                              ENHANCEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Accelerated Revenue, Repayment, 
and Surface Water Storage Enhancement Act''.

SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED 
              STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER 
              SUPPLIES.

    (a) Conversion and Prepayment of Contracts.--
            (1) Conversion.--Upon request of the contractor, the 
        Secretary of the Interior shall convert any water service 
        contract in effect on the date of enactment of this Act and 
        between the United States and a water users' association to 
        allow for prepayment of the repayment contract pursuant to 
        paragraph (2) under mutually agreeable terms and conditions. 
        The manner of conversion under this paragraph shall be as 
        follows:
                    (A) Water service contracts that were entered into 
                under section 9(e) of the Act of August 4, 1939 (53 
                Stat. 1196), to be converted under this section shall 
                be converted to repayment contracts under section 9(d) 
                of that Act (53 Stat. 1195).
                    (B) Water service contracts that were entered under 
                subsection (c)(2) of section 9 of the Act of August 4, 
                1939 (53 Stat. 1194), to be converted under this 
                section shall be converted to a contract under 
                subsection (c)(1) of section 9 of that Act (53 Stat. 
                1195).
            (2) Prepayment.--All repayment contracts under section 9(d) 
        of that Act (53 Stat. 1195) in effect on the date of enactment 
        of this Act at the request of the contractor, and all contracts 
        converted pursuant to paragraph (1)(A) shall--
                    (A) provide for the repayment, either in lump sum 
                or by accelerated prepayment, of the remaining 
                construction costs identified in water project specific 
                irrigation rate repayment schedules, as adjusted to 
                reflect payment not reflected in such schedule, and 
                properly assignable for ultimate return by the 
                contractor, or if made in approximately equal 
                installments, no later than 3 years after the effective 
                date of the repayment contract, such amount to be 
                discounted by \1/2\ the Treasury rate. An estimate of 
                the remaining construction costs, as adjusted, shall be 
                provided by the Secretary to the contractor no later 
                than 90 days following receipt of request of the 
                contractor;
                    (B) require that construction costs or other 
                capitalized costs incurred after the effective date of 
                the contract or not reflected in the rate schedule 
                referenced in subparagraph (A), and properly assignable 
                to such contractor shall be repaid in not more than 5 
                years after notification of the allocation if such 
                amount is a result of a collective annual allocation of 
                capital costs to the contractors exercising contract 
                conversation under this subsection of less than 
                $5,000,000. If such amount is $5,000,000 or greater, 
                such cost shall be repaid as provided by applicable 
                reclamation law;
                    (C) provide that power revenues will not be 
                available to aid in repayment of construction costs 
                allocated to irrigation under the contract; and
                    (D) continue so long as the contractor pays 
                applicable charges, consistent with section 9(d) of the 
                Act of August 4, 1939 (53 Stat. 1195), and applicable 
                law.
            (3) Contract requirements.--The following shall apply with 
        regard to all repayment contracts under subsection (c)(1) of 
        section 9 of that Act (53 Stat. 1195) in effect on the date of 
        enactment of this Act at the request of the contractor, and all 
        contracts converted pursuant to paragraph (1)(B):
                    (A) Provide for the repayment in lump sum of the 
                remaining construction costs identified in water 
                project specific municipal and industrial rate 
                repayment schedules, as adjusted to reflect payments 
                not reflected in such schedule, and properly assignable 
                for ultimate return by the contractor. An estimate of 
                the remaining construction costs, as adjusted, shall be 
                provided by the Secretary to the contractor no later 
                than 90 days after receipt of request of contractor.
                    (B) The contract shall require that construction 
                costs or other capitalized costs incurred after the 
                effective date of the contract or not reflected in the 
                rate schedule referenced in subparagraph (A), and 
                properly assignable to such contractor, shall be repaid 
                in not more than 5 years after notification of the 
                allocation if such amount is a result of a collective 
                annual allocation of capital costs to the contractors 
                exercising contract conversation under this subsection 
                of less than $5,000,000. If such amount is $5,000,000 
                or greater, such cost shall be repaid as provided by 
                applicable reclamation law.
                    (C) Continue so long as the contractor pays 
                applicable charges, consistent with section 9(c)(1) of 
                the Act of August 4, 1939 (53 Stat. 1195), and 
                applicable law.
            (4) Conditions.--All contracts entered into pursuant to 
        paragraphs (1), (2), and (3) shall--
                    (A) not be adjusted on the basis of the type of 
                prepayment financing used by the water users' 
                association;
                    (B) conform to any other agreements, such as 
                applicable settlement agreements and new constructed 
                appurtenant facilities; and
                    (C) not modify other water service, repayment, 
                exchange and transfer contractual rights between the 
                water users' association, and the Bureau of 
                Reclamation, or any rights, obligations, or 
                relationships of the water users' association and their 
                landowners as provided under State law.
    (b) Accounting.--The amounts paid pursuant to subsection (a) shall 
be subject to adjustment following a final cost allocation by the 
Secretary of the Interior. In the event that the final cost allocation 
indicates that the costs properly assignable to the contractor are 
greater than what has been paid by the contractor, the contractor shall 
be obligated to pay the remaining allocated costs. The term of such 
additional repayment contract shall be not less than one year and not 
more than 10 years, however, mutually agreeable provisions regarding 
the rate of repayment of such amount may be developed by the parties. 
In the event that the final cost allocation indicates that the costs 
properly assignable to the contractor are less than what the contractor 
has paid, the Secretary shall credit such overpayment as an offset 
against any outstanding or future obligation of the contractor.
    (c) Applicability of Certain Provisions.--
            (1) Effect of existing law.--Upon a contractor's compliance 
        with and discharge of the obligation of repayment of the 
        construction costs pursuant to a contract entered into pursuant 
        to subsection (a)(2)(A), subsections (a) and (b) of section 213 
        of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall 
        apply to affected lands.
            (2) Effect of other obligations.--The obligation of a 
        contractor to repay construction costs or other capitalized 
        costs described in subsection (a)(2)(B), (a)(3)(B), or (b) 
        shall not affect a contractor's status as having repaid all of 
        the construction costs assignable to the contractor or the 
        applicability of subsections (a) and (b) of section 213 of the 
        Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount 
        required to be paid by the contractor under the repayment 
        contract entered into pursuant to subsection (a)(2)(A) have 
        been paid.
    (d) Effect on Existing Law Not Altered.--Implementation of the 
provisions of this title shall not alter--
            (1) the repayment obligation of any water service or 
        repayment contractor receiving water from the same water 
        project, or shift any costs that would otherwise have been 
        properly assignable to the water users' association identified 
        in subsections (a)(1), (a)(2), and (a)(3) absent this section, 
        including operation and maintenance costs, construction costs, 
        or other capitalized costs incurred after the date of the 
        enactment of this Act, or to other contractors; and
            (2) specific requirements for the disposition of amounts 
        received as repayments by the Secretary under the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
    (e) Surface Water Storage Enhancement Program.--
            (1) In general.--Except as provided in subsection (d)(2), 
        three years following the date of enactment of this Act, 50 
        percent of receipts generated from prepayment of contracts 
        under this section beyond amounts necessary to cover the amount 
        of receipts forgone from scheduled payments under current law 
        for the 10-year period following the date of enactment of this 
        Act shall be directed to the Reclamation Surface Water Storage 
        Account under paragraph (2).
            (2) Surface storage account.--The Secretary shall allocate 
        amounts collected under paragraph (1) into the ``Reclamation 
        Surface Storage Account'' to fund the construction of surface 
        water storage. The Secretary may also enter into cooperative 
        agreements with water users' associations for the construction 
        of surface water storage and amounts within the Surface Storage 
        Account may be used to fund such construction. Surface water 
        storage projects that are otherwise not federally authorized 
        shall not be considered Federal facilities as a result of any 
        amounts allocated from the Surface Storage Account for part or 
        all of such facilities.
            (3) Repayment.--Amounts used for surface water storage 
        construction from the Account shall be fully reimbursed to the 
        Account consistent with the requirements under Federal 
        reclamation law (the law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093))), and Acts supplemental to and amendatory 
        of that Act (43 U.S.C. 371 et seq.) except that all funds 
        reimbursed shall be deposited in the Account established under 
        paragraph (2).
            (4) Availability of amounts.--Amounts deposited in the 
        Account under this subsection shall--
                    (A) be made available in accordance with this 
                section, subject to appropriation; and
                    (B) be in addition to amounts appropriated for such 
                purposes under any other provision of law.
            (5) Purposes of surface water storage.--Construction of 
        surface water storage under this section shall be made for the 
        following purposes:
                    (A) Increased municipal and industrial water 
                supply.
                    (B) Agricultural floodwater, erosion, and 
                sedimentation reduction.
                    (C) Agricultural drainage improvements.
                    (D) Agricultural irrigation.
                    (E) Increased recreation opportunities.
                    (F) Reduced adverse impacts to fish and wildlife 
                from water storage or diversion projects within 
                watersheds associated with water storage projects 
                funded under this section.
                    (G) Any other purposes consistent with reclamation 
                laws or other Federal law.
    (f) Definitions.--For the purposes of this title, the following 
definitions apply:
            (1) Account.--The term ``Account'' means the Reclamation 
        Surface Water Storage Account established under subsection 
        (e)(2).
            (2) Construction.--The term ``construction'' means the 
        designing, materials engineering and testing, surveying, and 
        building of surface water storage including additions to 
        existing surface water storage and construction of new surface 
        water storage facilities, exclusive of any Federal statutory or 
        regulatory obligations relating to any permit, review, 
        approval, or other such requirement.
            (3) Surface water storage.--The term ``surface water 
        storage'' means any federally owned facility under the 
        jurisdiction of the Bureau of Reclamation or any non-Federal 
        facility used for the surface storage and supply of water 
        resources.
            (4) Treasury rate.--The term ``Treasury rate'' means the 
        20-year Constant Maturity Treasury (CMT) rate published by the 
        United States Department of the Treasury existing on the 
        effective date of the contract.
            (5) Water users' association.--The term ``water users' 
        association'' means--
                    (A) an entity organized and recognized under State 
                laws that is eligible to enter into contracts with 
                reclamation to receive contract water for delivery to 
                and users of the water and to pay applicable charges; 
                and
                    (B) includes a variety of entities with different 
                names and differing functions, such as associations, 
                conservatory district, irrigation district, 
                municipality, and water project contract unit.

                        TITLE X--SAFETY OF DAMS

SEC. 1001. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.

    The Reclamation Safety of Dams Act of 1978 is amended--
            (1) in section 3, by striking ``Construction'' and 
        inserting ``Except as provided in section 5B, construction''; 
        and
            (2) by inserting after section 5A (43 U.S.C. 509) the 
        following:

``SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.

    ``Notwithstanding section 3, if the Secretary determines that 
additional project benefits, including but not limited to additional 
conservation storage capacity, are feasible and not inconsistent with 
the purposes of this Act, the Secretary is authorized to develop 
additional project benefits through the construction of new or 
supplementary works on a project in conjunction with the Secretary's 
activities under section 2 of this Act and subject to the conditions 
described in the feasibility study, provided--
            ``(1) the Secretary determines that developing additional 
        project benefits through the construction of new or 
        supplementary works on a project will promote more efficient 
        management of water and water-related facilities;
            ``(2) the feasibility study pertaining to additional 
        project benefits has been authorized pursuant to section 8 of 
        the Federal Water Project Recreation Act of 1965 (16 U.S.C. 
        4601-18); and
            ``(3) the costs associated with developing the additional 
        project benefits are agreed to in writing between the Secretary 
        and project proponents and shall be allocated to the authorized 
        purposes of the structure and repaid consistent with all 
        provisions of Federal Reclamation law (the Act of June 17, 
        1902, 43 U.S.C. 371 et seq.) and Acts supplemental to and 
        amendatory of that Act.''.

                   TITLE XI--WATER RIGHTS PROTECTION

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Water Rights Protection Act''.

SEC. 1102. DEFINITION OF WATER RIGHT.

    In this title, the term ``water right'' means any surface or 
groundwater right filed, permitted, certified, confirmed, decreed, 
adjudicated, or otherwise recognized by a judicial proceeding or by the 
State in which the user acquires possession of the water or puts the 
water to beneficial use, including water rights for federally 
recognized Indian tribes.

SEC. 1103. TREATMENT OF WATER RIGHTS.

    The Secretary of the Interior and the Secretary of Agriculture 
shall not--
            (1) condition or withhold, in whole or in part, the 
        issuance, renewal, amendment, or extension of any permit, 
        approval, license, lease, allotment, easement, right-of-way, or 
        other land use or occupancy agreement on--
                    (A) limitation or encumbrance of any water right, 
                or the transfer of any water right (including joint and 
                sole ownership), directly or indirectly to the United 
                States or any other designee; or
                    (B) any other impairment of any water right, in 
                whole or in part, granted or otherwise recognized under 
                State law, by Federal or State adjudication, decree, or 
                other judgment, or pursuant to any interstate water 
                compact;
            (2) require any water user (including any federally 
        recognized Indian tribe) to apply for or acquire a water right 
        in the name of the United States under State law as a condition 
        of the issuance, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement;
            (3) assert jurisdiction over groundwater withdrawals or 
        impacts on groundwater resources, unless jurisdiction is 
        asserted, and any regulatory or policy actions taken pursuant 
        to such assertion are, consistent with, and impose no greater 
        restrictions or regulatory requirements than, applicable State 
        laws (including regulations) and policies governing the 
        protection and use of groundwater resources; or
            (4) infringe on the rights and obligations of a State in 
        evaluating, allocating, and adjudicating the waters of the 
        State originating on or under, or flowing from, land owned or 
        managed by the Federal Government.

SEC. 1104. RECOGNITION OF STATE AUTHORITY.

    (a) In General.--In carrying out section 1103, the Secretary of the 
Interior and the Secretary of Agriculture shall--
            (1) recognize the longstanding authority of the States 
        relating to evaluating, protecting, allocating, regulating, and 
        adjudicating groundwater by any means, including a rulemaking, 
        permitting, directive, water court adjudication, resource 
        management planning, regional authority, or other policy; and
            (2) coordinate with the States in the adoption and 
        implementation by the Secretary of the Interior or the 
        Secretary of Agriculture of any rulemaking, policy, directive, 
        management plan, or other similar Federal action so as to 
        ensure that such actions are consistent with, and impose no 
        greater restrictions or regulatory requirements than, State 
        groundwater laws and programs.
    (b) Effect on State Water Rights.--In carrying out this title, the 
Secretary of the Interior and the Secretary of Agriculture shall not 
take any action that adversely affects--
            (1) any water rights granted by a State;
            (2) the authority of a State in adjudicating water rights;
            (3) definitions established by a State with respect to the 
        term ``beneficial use'', ``priority of water rights'', or 
        ``terms of use'';
            (4) terms and conditions of groundwater withdrawal, 
        guidance and reporting procedures, and conservation and source 
        protection measures established by a State;
            (5) the use of groundwater in accordance with State law; or
            (6) any other rights and obligations of a State established 
        under State law.

SEC. 1105. EFFECT OF TITLE.

    (a) Effect on Existing Authority.--Nothing in this title limits or 
expands any existing legally recognized authority of the Secretary of 
the Interior or the Secretary of Agriculture to issue, grant, or 
condition any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement on Federal land 
subject to the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture, respectively.
    (b) Effect on Reclamation Contracts.--Nothing in this title 
interferes with Bureau of Reclamation contracts entered into pursuant 
to the reclamation laws.
    (c) Effect on Endangered Species Act.--Nothing in this title 
affects the implementation of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
    (d) Effect on Federal Reserved Water Rights.--Nothing in this title 
limits or expands any existing or claimed reserved water rights of the 
Federal Government on land administered by the Secretary of the 
Interior or the Secretary of Agriculture.
    (e) Effect on Federal Power Act.--Nothing in this title limits or 
expands authorities under sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Effect on Indian Water Rights.--Nothing in this title limits or 
expands any water right or treaty right of any federally recognized 
Indian tribe.
                                                 Union Calendar No. 146

114th CONGRESS

  1st Session

                               H. R. 2898

                      [Report No. 114-197, Part I]

_______________________________________________________________________

                                 A BILL

  To provide drought relief in the State of California, and for other 
                               purposes.

_______________________________________________________________________

                             July 13, 2015

   Reported from the Committee on Natural Resources with an amendment

                             July 13, 2015

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed