[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[Senate]
[Pages S11326-S11329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 4084. A bill to authorize the implementation of the San Joaquin 
River Restoration Settlement; to the Committee on Energy and Natural 
Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce--with my 
cosponsor Senator Boxer--a historic bill that will end 18 years of 
litigation between the Natural Resources Defense Council, the Friant 
Water Authority, and the U.S. Department of the Interior. The 
legislation will enact a settlement that accomplishes the restoration 
of California's second longest river, the San Joaquin, while 
maintaining a stable water supply for the farmers who have made the 
Valley bloom and have supplied low-cost agricultural products to 
Americans from coast to coast.
  The alternative to a consensus resolution to this long-running 
western water battle basis is to continue the fight. To my knowledge, 
every farmer and every environmentalist who has considered the 
possibility of continued litigation believes that an outcome imposed by 
a judge is likely to be worse for everyone on all counts: more costly, 
riskier for the farmers, and less beneficial for the environment.
  Because the settlement provides a framework that all interests can 
accept, this legislation has the strong support of the Bush 
administration, the Schwarzenegger administration, the environmental 
and fishing communities and numerous California farmers and water 
districts, including all 22 Friant water districts that have been part 
of the litigation.
  In announcing the signing of this San Joaquin River settlement in 
September, the Assistant Secretary of the Interior praised it as a 
``monumental agreement.'' And when the Federal court then approved the 
settlement in late October, Secretary of the Interior Dirk Kempthorne 
further praised settlement for launching ``one of the largest 
environmental restoration projects in California's history.'' The 
Secretary further observed that ``This Settlement closes a long chapter 
of conflict and uncertainty in California's San Joaquin Valley . . . 
and open[s] a new chapter of environmental restoration and water supply 
certainty for the farmers and their communities.''
  I share the Secretary's strong support for this balanced and historic 
agreement, and it is my honor to join with Senator Boxer and a 
bipartisan group of California House Members in introducing legislation 
to approve and authorize this settlement before we end the 109th 
Congress.
  The legislation indicates how the settlement agreement forged by the 
parties is going to be implemented. It involves the Departments of the 
Interior and Commerce, and essentially gives the Secretary of the 
Interior the additional authority to:

     take the actions to restore the San Joaquin River;
     reintroduce the California Central Valley Spring Run Chinook 
     Salmon;
     minimize water supply impacts on Friant water districts; and
     avoid reductions in water supply for third-party water 
     contractors.

  One of the major benefits of this settlement is the restoration of a 
long-lost salmon fishery. The return of one of California's most 
important salmon runs will create significant benefits for local 
communities in the San Joaquin Valley, helping to restore a beleaguered 
fishing industry while improving recreation and quality of life.
  The legislation provides for improvements to the San Joaquin River 
channel to allow salmon restoration to begin in 2014. Beginning in that 
year, the river would see an annual flow regime mandated by the 
settlement, with pulses of additional water in the spring and greater 
flows available in wetter years. There is flexibility to add or 
subtract up to 10 percent from the annual flows, as the best science 
dictates.
  A visitor to the revitalized river channel in a decade will find an 
entirely different place providing recreation and relaxation for 
residents of small towns like Mendota, and a refuge for residents of 
larger cities like Fresno.
  The legislation I am introducing today includes provisions to benefit 
the farmers of the San Joaquin Valley as well as the salmon: In wet 
years, Friant contractors can purchase surplus flows at $10 per acre-
foot for use in dry years, far less than the approximately $35 per 
acre-foot that they would otherwise pay for this water. The Secretary 
of the Interior is authorized to recirculate new restoration flows from 
the Delta via the California aqueduct and the Cross-Valley Canal to 
provide additional supply for Friant.
  Today's legislation also includes substantial protections for other 
water districts in California that were not party to the original 
settlement negotiations. These other water contractors will be able to 
avoid all but the smallest water impacts as a result of the settlement, 
except on a voluntary basis.
  In addition, the restoration of flows for over 150 miles below Friant 
Dam, and reconnecting the upper river to the critical San Joaquin-
Sacramento Delta, will be a welcome change for the more than 22 million 
Californians who rely on that crucial source for their drinking water.
  Finally, restoring the San Joaquin as a living salmon river may 
ultimately help struggling fishing communities on California's north 
coast--and even into southern Oregon. The restoration of the San 
Joaquin and the government's commitment to reintroduce and rebuild 
historic salmon populations provide a rare bright spot for these 
communities.
  In addition to congratulating the parties for making a settlement 
that will enable the long-sought restoration of the San Joaquin River, 
I am mindful of and remain committed to progress in implementing and 
funding the December 19, 2000, Trinity River restoration

[[Page S11327]]

record of decision and the Hoopa Valley Tribe's comanagement of the 
decision's important goal of restoring the fishery resources that the 
United States holds in trust for the tribe.
  Support of this agreement is almost as far reaching as its benefits. 
This historic agreement would not have been possible without the 
participation of a remarkably broad group of agencies, stakeholders and 
legislators, reaching far beyond the settling parties. The Department 
of the Interior, the State of California, the Friant Water Users 
Authority, the Natural Resources Defense Council on behalf of 13 other 
environmental organizations and countless other stakeholders came 
together and spent countless hours with legislators in Washington to 
ensure that we found a solution that the large majority of those 
affected could support.
  Last month, California voters showed their support by approving 
Propositions 84 and 1E that will help pay for the settlement by 
committing at least $100 million and likely $200 million or more toward 
the restoration costs. Indeed, this legislation includes a diverse mix 
of approximately $200 million in direct Water User payments, new State 
payments, $240 million in dedicated Friant Central Valley Project 
capital repayments, and future Federal appropriations limited to $250 
million. This mix of funding sources is intended to ensure that the 
river restoration program will be sustainable over time and truly a 
joint effort of Federal, State and local agencies.
  I would like to emphasize that the Federal funding in the bill is for 
implementation of both the restoration goal to reestablish a salmon 
fishery in the river, and the water management goal to avoid or 
minimize water supply losses supplied by Friant Water Districts. It is 
important to recognize that these efforts are of equal importance.
  At the end of the day, I believe that this agreement is something 
that we can all feel very proud of, and I urge my colleagues in the 
Senate to move quickly to approve this legislation and provide the 
administration the authorization it needs to fully carry out its legal 
obligations and the extensive restoration opportunities under the 
settlement.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                S. 4084

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``San Joaquin River 
     Restoration Settlement Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to authorize implementation of 
     the Stipulation of Settlement dated September 13, 2006 
     (referred to in this Act as the ``Settlement''), in the 
     litigation entitled NATURAL RESOURCES DEFENSE COUNCIL, et al. 
     v. KIRK RODGERS, et al., United States District Court, 
     Eastern District of California, No. CIV. S-88-1658-LKK/GGH.

     SEC. 3. DEFINITIONS.

       In this Act, the terms ``Friant Division long-term 
     contractors'', ``Interim Flows'', ``Restoration Flows'', 
     ``Recovered Water Account'', ``Restoration Goal'', and 
     ``Water Management Goal'' have the meanings given the terms 
     in the Settlement.

     SEC. 4. IMPLEMENTATION OF SETTLEMENT.

       (a) In General.--The Secretary of the Interior (referred to 
     in this Act as the ``Secretary'') is hereby authorized and 
     directed to implement the terms and conditions of the 
     Settlement in cooperation with the State of California, 
     including the following measures as these measures are 
     prescribed in the Settlement:
       (1) Design and construct channel and structural 
     improvements as described in paragraph 11 of the Settlement, 
     provided, however, that the Secretary shall not make or fund 
     any such improvements to facilities or property of the State 
     of California without the approval of the State of California 
     and the State's agreement in 1 or more Memoranda of 
     Understanding to participate where appropriate.
       (2) Modify Friant Dam operations so as to provide 
     Restoration Flows and Interim Flows.
       (3) Acquire water, water rights, or options to acquire 
     water as described in paragraph 13 of the Settlement, 
     provided, however, such acquisitions shall only be made from 
     willing sellers and not through eminent domain.
       (4) Implement the terms and conditions of paragraph 16 of 
     the Settlement related to recirculation, recapture, reuse, 
     exchange, or transfer of water released for Restoration Flows 
     or Interim Flows, for the purpose of accomplishing the Water 
     Management Goal of the Settlement, subject to--
       (A) applicable provisions of California water law;
       (B) the Secretary's use of Central Valley Project 
     facilities to make Project water (other than water released 
     from Friant Dam pursuant to the Settlement) and water 
     acquired through transfers available to existing south-of-
     Delta Central Valley Project contractors; and
       (C) the Secretary's performance of the Agreement of 
     November 24, 1986, between the United States of America and 
     the Department of Water Resources of the State of California 
     for the coordinated operation of the Central Valley Project 
     and the State Water Project as authorized by Congress in 
     section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100 
     Stat. 3051), including any agreement to resolve conflicts 
     arising from said Agreement.
       (5) Develop and implement the Recovered Water Account as 
     specified in paragraph 16(b) of the Settlement, including the 
     pricing and payment crediting provisions described in 
     paragraph 16(b)(3) of the Settlement, provided that all other 
     provisions of Federal reclamation law shall remain 
     applicable.
       (b) Agreements.--
       (1) Agreements with the state.--In order to facilitate or 
     expedite implementation of the Settlement, the Secretary is 
     authorized and directed to enter into appropriate agreements, 
     including cost sharing agreements, with the State of 
     California.
       (2) Other agreements.--The Secretary is authorized to enter 
     into contracts, memoranda of understanding, financial 
     assistance agreements, cost sharing agreements, and other 
     appropriate agreements with State, tribal, and local 
     governmental agencies, and with private parties, including 
     agreements related to construction, improvement, and 
     operation and maintenance of facilities, subject to any terms 
     and conditions that the Secretary deems necessary to achieve 
     the purposes of the Settlement.
       (c) Acceptance and Expenditure of Non-Federal Funds.--The 
     Secretary is authorized to accept and expend non-Federal 
     funds in order to facilitate implementation of the 
     Settlement.
       (d) Mitigation of Impacts.--Prior to the implementation of 
     decisions or agreements to construct, improve, operate, or 
     maintain facilities that the Secretary determines are needed 
     to implement the Settlement, the Secretary shall identify--
       (1) the impacts associated with such actions; and
       (2) the measures which shall be implemented to mitigate 
     impacts on adjacent and downstream water users and 
     landowners.
       (e) Design and Engineering Studies.--The Secretary is 
     authorized to conduct any design or engineering studies that 
     are necessary to implement the Settlement.
       (f) Effect on Contract Water Allocations.--Except as 
     otherwise provided in this section, the implementation of the 
     Settlement and the reintroduction of California Central 
     Valley Spring Run Chinook salmon pursuant to the Settlement 
     and section 10, shall not result in the involuntary reduction 
     in contract water allocations to Central Valley Project long-
     term contractors, other than Friant Division long-term 
     contractors.
       (g) Effect on Existing Water Contracts.--Except as provided 
     in the Settlement and this Act, nothing in this Act shall 
     modify or amend the rights and obligations of the parties to 
     any existing water service, repayment, purchase or exchange 
     contract.

     SEC. 5. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO 
                   FACILITIES.

       (a) Title to Facilities.--Unless acquired pursuant to 
     subsection (b), title to any facility or facilities, stream 
     channel, levees, or other real property modified or improved 
     in the course of implementing the Settlement authorized by 
     this Act, and title to any modifications or improvements of 
     such facility or facilities, stream channel, levees, or other 
     real property--
       (1) shall remain in the owner of the property; and
       (2) shall not be transferred to the United States on 
     account of such modifications or improvements.
       (b) Acquisition of Property.--
       (1) In general.--The Secretary is authorized to acquire 
     through purchase from willing sellers any property, interests 
     in property, or options to acquire real property needed to 
     implement the Settlement authorized by this Act.
       (2) Applicable law.--The Secretary is authorized, but not 
     required, to exercise all of the authorities provided in 
     section 2 of the Act of August 26, 1937 (50 Stat. 844, 
     chapter 832), to carry out the measures authorized in this 
     section and section 4.
       (c) Disposal of Property.--
       (1) In general.--Upon the Secretary's determination that 
     retention of title to property or interests in property 
     acquired pursuant to this Act is no longer needed to be held 
     by the United States for the furtherance of the Settlement, 
     the Secretary is authorized to dispose of such property or 
     interest in property on such terms and conditions as the 
     Secretary deems appropriate and in the best interest of the 
     United States, including possible transfer of such property 
     to the State of California.
       (2) Right of first refusal.--In the event the Secretary 
     determines that property acquired pursuant to this Act 
     through the exercise of its eminent domain authority is no 
     longer necessary for implementation of the Settlement, the 
     Secretary shall provide a right of first refusal to the 
     property owner

[[Page S11328]]

     from whom the property was initially acquired, or his or her 
     successor in interest, on the same terms and conditions as 
     the property is being offered to other parties.
       (3) Disposition of proceeds.--Proceeds from the disposal by 
     sale or transfer of any such property or interests in such 
     property shall be deposited in the fund established by 
     section 9(c).

     SEC. 6. COMPLIANCE WITH APPLICABLE LAW.

       (a) Applicable Law.--
       (1) In general.--In undertaking the measures authorized by 
     this Act, the Secretary and the Secretary of Commerce shall 
     comply with all applicable Federal and State laws, rules, and 
     regulations, including 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.), as necessary.
       (2) Environmental reviews.--The Secretary and the Secretary 
     of Commerce are authorized and directed to initiate and 
     expeditiously complete applicable environmental reviews and 
     consultations as may be necessary to effectuate the purposes 
     of the Settlement.
       (b) Effect on State Law.--Nothing in this Act shall preempt 
     State law or modify any existing obligation of the United 
     States under Federal reclamation law to operate the Central 
     Valley Project in conformity with State law.
       (c) Use of Funds for Environmental Reviews.--
       (1) Definition of environmental review.--For purposes of 
     this subsection, the term ``environmental review'' includes 
     any consultation and planning necessary to comply with 
     subsection (a).
       (2) Participation in environmental review process.--In 
     undertaking the measures authorized by section 4, and for 
     which environmental review is required, the Secretary may 
     provide funds made available under this Act to affected 
     Federal agencies, State agencies, local agencies, and Indian 
     tribes if the Secretary determines that such funds are 
     necessary to allow the Federal agencies, State agencies, 
     local agencies, or Indian tribes to effectively participate 
     in the environmental review process.
       (3) Limitation.--Funds may be provided under paragraph (2) 
     only to support activities that directly contribute to the 
     implementation of the terms and conditions of the Settlement.
       (d) Nonreimbursable Funds.--The United States' share of the 
     costs of implementing this Act shall be nonreimbursable under 
     Federal reclamation law, provided that nothing in this 
     subsection shall limit or be construed to limit the use of 
     the funds assessed and collected pursuant to sections 
     3406(c)(1) and 3407(d)(2) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4721, 4727), for implementation of the Settlement, 
     nor shall it be construed to limit or modify existing or 
     future Central Valley Project Ratesetting Policies.

     SEC. 7. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT 
                   ACT.

       Congress hereby finds and declares that the Settlement 
     satisfies and discharges all of the obligations of the 
     Secretary contained in section 3406(c)(1) of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4721), provided, however, that--
       (1) the Secretary shall continue to assess and collect the 
     charges provided in section 3406(c)(1) of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4721), as provided in the Settlement and 
     section 9(d); and
       (2) those assessments and collections shall continue to be 
     counted towards the requirements of the Secretary contained 
     in section 3407(c)(2) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4726).

     SEC. 8. NO PRIVATE RIGHT OF ACTION.

       (a) In General.--Nothing in this Act confers upon any 
     person or entity not a party to the Settlement a private 
     right of action or claim for relief to interpret or enforce 
     the provisions of this Act or the Settlement.
       (b) Applicable Law.--This section shall not alter or 
     curtail any right of action or claim for relief under any 
     other applicable law.

     SEC. 9. APPROPRIATIONS; SETTLEMENT FUND.

       (a) Implementation Costs.--
       (1) In general.--The costs of implementing the Settlement 
     shall be covered by payments or in kind contributions made by 
     Friant Division contractors and other non-Federal parties, 
     including the funds provided in paragraphs (1) through (5) of 
     subsection (c), estimated to total $440,000,000, of which the 
     non-Federal payments are estimated to total $200,000,000 (at 
     October 2006 price levels) and the amount from repaid Central 
     Valley Project capital obligations is estimated to total 
     $240,000,000, the additional Federal appropriation of 
     $250,000,000 authorized pursuant to subsection (b)(1), and 
     such additional funds authorized pursuant to subsection 
     (b)(2); provided however, that the costs of implementing the 
     provisions of section 4(a)(1) shall be shared by the State of 
     California pursuant to the terms of a Memorandum of 
     Understanding executed by the State of California and the 
     Parties to the Settlement on September 13, 2006, which 
     includes at least $110,000,000 of State funds.
       (2) Additional agreements.--
       (A) In general.--The Secretary shall enter into 1 or more 
     agreements to fund or implement improvements on a project-by-
     project basis with the State of California.
       (B) Requirements.--Any agreements entered into under 
     subparagraph (A) shall provide for recognition of either 
     monetary or in-kind contributions toward the State of 
     California's share of the cost of implementing the provisions 
     of section 4(a)(1).
       (3) Limitation.--Except as provided in the Settlement, to 
     the extent that costs incurred solely to implement this 
     Settlement 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.
       (b) Authorization of Appropriations.--
       (1) In general.--In addition to the funds provided in 
     paragraphs (1) through (5) of subsection (c), there are also 
     authorized to be appropriated not to exceed $250,000,000 (at 
     October 2006 price levels) to implement this Act and the 
     Settlement, to be available until expended; provided however, 
     that the Secretary is authorized to spend such additional 
     appropriations only in amounts equal to the amount of funds 
     deposited in the Fund (not including payments under 
     subsection (c)(2), proceeds under subsection (c)(3) other 
     than an amount equal to what would otherwise have been 
     deposited under subsection (c)(1) in the absence of issuance 
     of the bond, and proceeds under subsection (c)(4)), the 
     amount of in-kind contributions, and other non-Federal 
     payments actually committed to the implementation of this Act 
     or the Settlement.
       (2) Other funds.--The Secretary is authorized to use monies 
     from the Fund created under section 3407 of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4727) for purposes of this Act.
       (c) Fund.--There is hereby established within the Treasury 
     of the United States a fund, to be known as the ``San Joaquin 
     River Restoration Fund'', into which the following shall be 
     deposited and used solely for the purpose of implementing the 
     Settlement, to be available for expenditure without further 
     appropriation:
       (1) Subject to subsection (d), at the beginning of the 
     fiscal year following enactment of this Act, all payments 
     received pursuant to section 3406(c)(1) of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (Public Law 
     102-575; 106 Stat. 4721).
       (2) Subject to subsection (d), the capital component (not 
     otherwise needed to cover operation and maintenance costs) of 
     payments made by Friant Division long-term contractors 
     pursuant to long-term water service contracts beginning the 
     first fiscal year after the date of enactment of this Act. 
     The capital repayment obligation of such contractors under 
     such contracts shall be reduced by the amount paid pursuant 
     to this paragraph and the appropriate share of the existing 
     Federal investment in the Central Valley Project to be 
     recovered by the Secretary pursuant to Public Law 99-546 (100 
     Stat. 3050) shall be reduced by an equivalent sum.
       (3) Proceeds from a bond issue, federally-guaranteed loan, 
     or other appropriate financing instrument, to be issued or 
     entered into by an appropriate public agency or subdivision 
     of the State of California pursuant to subsection (d)(2).
       (4) Proceeds from the sale of water pursuant to the 
     Settlement, or from the sale of property or interests in 
     property as provided in section 5.
       (5) Any non-Federal funds, including State cost-sharing 
     funds, contributed to the United States for implementation of 
     the Settlement, which the Secretary may expend without 
     further appropriation for the purposes for which contributed.
       (d) Guaranteed Loans and Other Financing Instruments.--
       (1) In general.--The Secretary is authorized to enter into 
     agreements with appropriate agencies or subdivisions of the 
     State of California in order to facilitate a bond issue, 
     federally-guaranteed loan, or other appropriate financing 
     instrument, for the purpose of implementing this Settlement.
       (2) Requirements.--If the Secretary and an appropriate 
     agency or subdivision of the State of California enter into 
     such an agreement, and if such agency or subdivision issues 1 
     or more revenue bonds, procures a federally secured loan, or 
     other appropriate financing to fund implementation of the 
     Settlement, and if such agency deposits the proceeds received 
     from such bonds, loans, or financing into the Fund pursuant 
     to subsection (c)(3), monies specified in paragraphs (1) and 
     (2) of subsection (c) shall be provided by the Friant 
     Division long-term contractors directly to such public agency 
     or subdivision of the State of California to repay the bond, 
     loan or financing rather than into the Fund.
       (3) Disposition of payments.--After the satisfaction of any 
     such bond, loan, or financing, the payments specified in 
     paragraphs (1) and (2) of subsection (c) shall be paid 
     directly into the Fund authorized by this section.
       (e) Limitation on Contributions.--Payments made by long-
     term contractors who receive water from the Friant Division 
     and Hidden and Buchanan Units of the Central Valley Project 
     pursuant to sections 3406(c)(1) and 3407(d)(2) of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (Public Law 102-575; 106 Stat. 4721, 4727) and payments made 
     pursuant to paragraph 16(b)(3) of the Settlement and 
     subsection (c)(2) shall be the limitation of such entities'

[[Page S11329]]

     direct financial contribution to the Settlement, subject to 
     the terms and conditions of paragraph 21 of the Settlement.
       (f) No Additional Expenditures Required.--Nothing in this 
     Act shall be construed to require a Federal official to 
     expend Federal funds not appropriated by Congress, or to seek 
     the appropriation of additional funds by Congress, for the 
     implementation of the Settlement.
       (g) Reach 4B.--
       (1) Study.--
       (A) In general.--In accordance with the Settlement and the 
     Memorandum of Understanding executed pursuant to paragraph 6 
     of the Settlement, the Secretary shall conduct a study that 
     specifies--
       (i) the costs of undertaking any work required under 
     paragraph 11(a)(3) of the Settlement to increase the capacity 
     of Reach 4B prior to reinitiation of Restoration Flows;
       (ii) the impacts associated with reinitiation of such 
     flows; and
       (iii) measures that shall be implemented to mitigate 
     impacts.
       (B) Deadline.--The study under subparagraph (A) shall be 
     completed prior to restoration of any flows other than 
     Interim Flows.
       (2) Report.--
       (A) In general.--The Secretary shall file a report with 
     Congress not later than 90 days after issuing a 
     determination, as required by the Settlement, on whether to 
     expand channel conveyance capacity to 4500 cubic feet per 
     second in Reach 4B of the San Joaquin River, or use an 
     alternative route for pulse flows, that--
       (i) explains whether the Secretary has decided to expand 
     Reach 4B capacity to 4500 cubic feet per second; and
       (ii) addresses the following matters:

       (I) The basis for the Secretary's determination, whether 
     set out in environmental review documents or otherwise, as to 
     whether the expansion of Reach 4B would be the preferable 
     means to achieve the Restoration Goal as provided in the 
     Settlement, including how different factors were assessed 
     such as comparative biological and habitat benefits, 
     comparative costs, relative availability of State cost-
     sharing funds, and the comparative benefits and impacts on 
     water temperature, water supply, private property, and local 
     and downstream flood control.
       (II) The Secretary's final cost estimate for expanding 
     Reach 4B capacity to 4500 cubic feet per second, or any 
     alternative route selected, as well as the alternative cost 
     estimates provided by the State, by the Restoration 
     Administrator, and by the other parties to the Settlement.
       (III) The Secretary's plan for funding the costs of 
     expanding Reach 4B or any alternative route selected, whether 
     by existing Federal funds provided under this Act, by non-
     Federal funds, by future Federal appropriations, or some 
     combination of such sources.

       (B) Determination required.--The Secretary shall, to the 
     extent feasible, make the determination in subparagraph (A) 
     prior to undertaking any substantial construction work to 
     increase capacity in Reach 4B.
       (3) Costs.--If the Secretary's estimated Federal cost for 
     expanding Reach 4B in paragraph (2), in light of the 
     Secretary's funding plan set out in paragraph (2), would 
     exceed the remaining Federal funding authorized by this Act 
     (including all funds reallocated, all funds dedicated, and 
     all new funds authorized by this Act and separate from all 
     commitments of State and other non-Federal funds and in-kind 
     commitments), then before the Secretary commences actual 
     construction work in Reach 4B (other than planning, design, 
     feasibility, or other preliminary measures) to expand 
     capacity to 4500 cubic feet per second to implement this 
     Settlement, Congress must have increased the applicable 
     authorization ceiling provided by this Act in an amount at 
     least sufficient to cover the higher estimated Federal costs.

     SEC. 10. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.

       (a) Finding.--Congress finds that the implementation of the 
     Settlement to resolve 18 years of contentious litigation 
     regarding restoration of the San Joaquin River and the 
     reintroduction of the California Central Valley Spring Run 
     Chinook salmon is a unique and unprecedented circumstance 
     that requires clear expressions of Congressional intent 
     regarding how the provisions of the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the 
     goals of restoration of the San Joaquin River and the 
     successful reintroduction of California Central Valley Spring 
     Run Chinook salmon.
       (b) Reintroduction in the San Joaquin River.--California 
     Central Valley Spring Run Chinook salmon shall be 
     reintroduced in the San Joaquin River below Friant Dam 
     pursuant to section 10(j) of the Endangered Species Act of 
     1973 (16 U.S.C. 1539(j)) and the Settlement, provided that 
     the Secretary of Commerce finds that a permit for the 
     reintroduction of California Central Valley Spring Run 
     Chinook salmon may be issued pursuant to section 10(a)(1)(A) 
     of the Endangered Species Act of 1973 (16 U.S.C. 
     1539(a)(1)(A)).
       (c) Final Rule.--
       (1) Definition of third party.--For the purpose of this 
     subsection, the term ``third party'' means persons or 
     entities diverting or receiving water pursuant to applicable 
     State and Federal law and shall include Central Valley 
     Project contractors outside of the Friant Division of the 
     Central Valley Project and the State Water Project.
       (2) Issuance.--The Secretary of Commerce shall issue a 
     final rule pursuant to section 4(d) of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 
     of reintroduced California Central Valley Spring Run Chinook 
     salmon prior to the reintroduction.
       (3) Required components.--The rule issued under paragraph 
     (2) shall provide that the reintroduction will not impose 
     more than de minimis: water supply reductions, additional 
     storage releases, or bypass flows on unwilling third parties 
     due to such reintroduction.
       (4) Applicable law.--Nothing in this section--
       (A) diminishes the statutory or regulatory protections 
     provided in the Endangered Species Act for any species listed 
     pursuant to section 4 of the Endangered Species Act of 1973 
     (16 U.S.C. 1533) other than the reintroduced population of 
     California Central Valley Spring Run Chinook salmon, 
     including protections pursuant to existing biological 
     opinions or new biological opinions issued by the Secretary 
     or Secretary of Commerce; or
       (B) precludes the Secretary or Secretary of Commerce from 
     imposing protections under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) for other species listed pursuant to 
     section 4 of that Act (16 U.S.C. 1533) because those 
     protections provide incidental benefits to such reintroduced 
     California Central Valley Spring Run Chinook salmon.
       (d) Report.--
       (1) In general.--Not later than December 31, 2024, the 
     Secretary of Commerce shall report to Congress on the 
     progress made on the reintroduction set forth in this section 
     and the Secretary's plans for future implementation of this 
     section.
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the major challenges, if any, to 
     successful reintroduction;
       (B) an evaluation of the effect, if any, of the 
     reintroduction on the existing population of California 
     Central Valley Spring Run Chinook salmon existing on the 
     Sacramento River or its tributaries; and
       (C) an assessment regarding the future of the 
     reintroduction.
       (e) FERC Projects.--
       (1) In general.--With regard to California Central Valley 
     Spring Run Chinook salmon reintroduced pursuant to the 
     Settlement, the Secretary of Commerce shall exercise its 
     authority under section 18 of the Federal Power Act (16 
     U.S.C. 811) by reserving its right to file prescriptions in 
     proceedings for projects licensed by the Federal Energy 
     Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, 
     Merced, and San Joaquin rivers and otherwise consistent with 
     subsection (c) until after the expiration of the term of the 
     Settlement, December 31, 2025, or the expiration of the 
     designation made pursuant to subsection (b), whichever ends 
     first.
       (2) Effect of subsection.--Nothing in this subsection shall 
     preclude the Secretary of Commerce from imposing 
     prescriptions pursuant to section 18 of the Federal Power Act 
     (16 U.S.C. 811) solely for other anadromous fish species 
     because those prescriptions provide incidental benefits to 
     such reintroduced California Central Valley Spring Run 
     Chinook salmon.
       (f) Effect of Section.--Nothing in this section is intended 
     or shall be construed--
       (1) to modify the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
     seq.); or
       (2) to establish a precedent with respect to any other 
     application of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
     seq.).
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