[House Report 114-197]
[From the U.S. Government Publishing Office]


114th Congress   }                                   {   Rept. 114-197
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {          Part 1

======================================================================



 
          WESTERN WATER AND AMERICAN FOOD SECURITY ACT OF 2015

                                _______
                                

 July 13, 2015.--Committed to the Committee of the Whole House on the 
              state of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2898]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2898) to provide drought relief in the State of 
California, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose of the Bill

    The purpose of H.R. 2898 is to provide drought relief to 
the State of California and other Western states.

                  Background and Need for Legislation

    H.R. 2898, the Western Water and American Food Security Act 
of 2015, represents a comprehensive approach aimed at 
alleviating drought impacts through short-term and long-term 
measures. The bill follows the framework created in bipartisan 
and bicameral negotiations in the last Congress and reflects 
ideas considered in 18 House Natural Resources Committee 
hearings and subsequent markups.

California Water Issues

    Since becoming a state in 1850, California has experienced 
natural drought multiple times. These drought periods and the 
need to provide water to a rapidly growing population and farms 
led to an innovative and complex water storage and delivery 
system. Since northern California contains over two-thirds of 
the water resources and southern California has two-thirds of 
the human population, the federal government, through the 
Bureau of Reclamation (Reclamation), and the State of 
California (State) built the Central Valley Project (CVP) and 
the State Water Project (SWP), respectively, to convey water.
    Water from the northernmost portions of the State is 
conveyed south through the Sacramento-San Joaquin River Delta 
(Delta), the essential element of California's water delivery 
system, through two massive federal and state pumping systems 
near Tracy, California. Water flowing through the Delta 
supplies 33 percent of the Bay Area's drinking water, up to 90 
percent of the Central Valley's drinking and irrigation water, 
and 30 percent of southern California's drinking water. Beyond 
delivering water to two-thirds of California's population, and 
helping California get through periods of extended drought, the 
CVP and SWP have also helped to create a massive agricultural 
economy that supplies more than half of the country's 
vegetables and a vast majority of fruits and nuts worth more 
than $46 billion annually.
    The current California water storage and delivery system 
was designed to serve 22 million people. Currently, the State 
has over 38 million residents and the population is expected to 
double by 2050. While urban and rural communities have pursued 
water efficiency improvements and planting higher value 
permanent crops, many believe that conservation will not fully 
resolve water supply issues and that new water storage projects 
are necessary in key locations.
    As California enters its fourth consecutive year of 
drought, this debate has only intensified. The current natural 
drought in California has been compounded by man-made actions 
related to federal and state biological opinions on Endangered 
Species Act (ESA) protected Delta smelt and certain salmon 
species populations to the point where irrigation districts and 
cities and towns in southern California are experiencing their 
second consecutive year of receiving zero to five percent of 
their allocated water. Moreover, some communities in the San 
Joaquin Valley have run out of water altogether. Mendota, a 
community heavily dependent on irrigated agriculture and the 
jobs associated with it, is experiencing 34 percent 
unemployment. The community of East Porterville now relies on 
trucked-in water.
    Federal and state water actions related to endangered 
species, water quality and other matters has reduced water 
availability for certain portions of California. The Delta 
smelt, a three-inch fish listed as threatened in March 1993 has 
been at the forefront of this debate. Under the 2008 Delta 
smelt biological opinion issued under the ESA, increased 
amounts of water were diverted from farms and cities in 
southern California and allowed to flow into the Pacific Ocean. 
Drought-related water cutbacks last year caused an estimated 
400,000 acres in the State to be fallowed. According to Mr. 
Craig McNamara, President of the State Board of Food and 
Agriculture, acreage could top 600,000 acres and cost more than 
20,000 jobs, The Fresno County Farm Bureau estimated the amount 
of fallowed ground could total closer to one million acres.
    Given that federal policies play a significant role in 
water cutbacks, the House of Representatives passed California 
drought-related bills during the past two Congresses. This 
action included long-term measures, H.R. 1837 (112th Congress) 
and H.R. 3964 (113th Congress) and a shorter-term measure, H.R. 
5781 (113th Congress). H.R. 2898 represents a different 
bipartisan approach than the previous legislative efforts by 
working within the framework of the current biological opinions 
on Delta smelt and salmon to foster scientific transparency and 
updated data collection to bring about operational flexibility 
while moving forward on new water storage in the State.
    Title I of the bill ensures that changes to operational 
pumping levels are based on the best and most up-to-date 
science, while also requiring agencies to use the most accurate 
survey methods to help determine how these water projects may 
be maximized without causing significant impacts to the Delta 
smelt. Only three years of data were used to calculate the 
incidental take limit (ITL) of Delta smelt in the most recent 
biological opinion, and the data is up to a decade old (2006-
2008). Section 102 of the bill requires federal agencies to 
modify the methodology used to calculate the ITLs for the Delta 
smelt using the best scientific and commercial data available 
to allow for a more accurate and robust ITL. Section 103 
requires the agencies to use real-time data to make informed 
decisions about operational changes to the pumps and to 
maximize project operations pumping at a specified level 
provided there is no harm to Delta smelt. Although the text is 
not identical, Title I, and Titles II and III, reflect parts of 
the framework negotiated with the Senate last year.
    Title II aims to ease water project pumping restrictions by 
identifying management actions other than reductions in pumping 
that can be utilized to better contribute to salmon recovery. 
Section 202 requires the federal agencies to evaluate and 
quantify the benefit to salmon species from reductions in 
pumping. In addition, the Secretary of Commerce is required to 
consider alternative measures including barriers to fish 
entrainment, habitat enhancements and predation control 
programs. The evaluation of these alternative measures will 
allow the National Marine Fisheries Service (NMFS) to 
demonstrate the effectiveness of existing reasonable and 
prudent alternatives (RPAs) and identify potential additional 
actions to protect species while reducing adverse water impacts 
to CVP and SWP contractors. Section 203 authorizes a non-
federally financed predator fish removal program on the 
Stanislaus River. This program is designed to remove nonnative 
striped bass, smallmouth bass, largemouth bass, black bass, and 
other nonnative predator fish species that prey on protected 
salmonid species.
    Title III works within current law to provide federal 
agencies the operational flexibility to maximize Delta pumping 
levels while still satisfying the needs of ESA listed species. 
It also directs the federal agencies to maximize the amount of 
water pumped south of the Delta during drought and for two 
subsequent normal water years. Section 302 requires the 
Secretaries of Agriculture, Commerce and the Interior to 
expeditiously issue all necessary permits for water transfers 
and the use of temporary barriers or operable gates to improve 
the quantity and quality of water available to CVP and SWP 
water users. This section also creates a streamlined project 
elevation and decision-making process to ensure that decisions 
related to projects that provide additional water supplies or 
address emergency drought conditions are made expeditiously. 
Additional provisions require the Cross Channel gates in the 
Delta remain open for longer periods of time to prevent water 
from being lost to the Pacific Ocean. Section 306 requires 
federal agencies to increase regular project operations pumping 
at specific levels if there is no harm to protected species, 
and Section 307 authorizes pumping at specific levels to 
capture water during the first few storms of the year. Section 
313 replaces and satisfies the requirements of the San Joaquin 
River Restoration Settlement with a much less expensive warm 
water fishery.
    Title IV requires Reclamation to complete five feasibility 
studies for storage projects in California by certain 
timelines. These studies have been ongoing for over 12 years, 
prompting many to ask when they will be completed to bring 
about new long-term water supplies. Title V, as amended, 
includes provisions designed to preserve water rights seniority 
and to protect the joint operation of the CVP and SWP. Title VI 
allows artificially-spawned Delta smelt and Chinook salmon to 
be counted when counting fish populations and requires the 
federal government to develop and implement a plan to replace 
the 800,000 acre-feet of CVP water, as required by the CVPIA, 
within 180 days of enactment.

Western Water Supplies

    Much of the western United States other than California 
faces drought as well. The West is currently home to more than 
70 million people and is one of our country's most productive 
agricultural regions. Similar to California's history, the 
transformation of the West occurred primarily due to the 
multiple benefits of Reclamation's multi-purpose water 
projects. Today, Reclamation is the largest water wholesaler in 
the nation, providing water to 31 million people and irrigating 
ten million acres of farmland that produce 60 percent of the 
nation's vegetables and 25 percent of its fruits and nuts, 
according to Reclamation.
    Yet, despite the longstanding multi-purpose benefits of 
water storage, attempts to create new water projects have been 
stifled by an increasingly complex federal regulatory 
structure, economics and other matters. The last five titles of 
H.R. 2898 set forth a more predictable federal permitting 
process and updates federal laws to foster the construction of 
more water projects throughout the West.
    The regulatory process of constructing new surface water 
storage--whether federally or non-federally owned--often 
involves a host of federal, state, and local permits and 
approvals from various agencies. Throughout this process, 
federal agencies are not required to coordinate their permits 
and approvals with one another. As a result, conflicting agency 
permit requirements add time to the project planning and 
implementation process and increases the potential for last-
minute surprises that could endanger the success of a project 
or require significant additional work. As an example, it took 
14 years to permit but just two years to build the 22,400 acre-
foot High Savery Dam Project in Wyoming. A local rancher, Mr. 
Pat O'Toole, testified before the Natural Resources Committee 
on the permitting time, ``The lead federal agency wasted a 
great deal of time making decisions on the project and at times 
seemed unable to make decisions. These delays not only 
postponed the project, they resulted in wasted time and 
money.''
    Title VII creates a ``one-stop-shop'' permitting process to 
expedite construction of non-federal surface storage 
facilities. Specifically, this title establishes Reclamation as 
the lead agency for purposes of coordinating all reviews, 
analysis, opinions, statements, permits, licenses, or other 
federal approvals required under federal law. As the point of 
contact for the federal government, Reclamation shall 
coordinate the preparation of the unified environmental 
documentation that will serve as the basis for all federal 
decisions necessary to authorize the use of federal lands, as 
well as coordinate the project development and construction of 
qualifying projects. The consolidated permitting process 
authorized under this title is modeled after the Obama 
Administration's ``Interagency Rapid Response Team for 
Transmission''. The title also allows the Secretary of the 
Interior to accept and spend funds contributed by a non-federal 
public entity to expedite the evaluation of a permit relating 
to the qualifying project. This process is based on provisions 
authorized under Section 140 of Public Law 108-137 to finance 
upgrades to the Hetch Hetchy project, which provides water 
supplies to San Francisco, California.
    With the exception of the Animas-La Plata project in 
southwestern Colorado, Reclamation has not built any large 
multi-purpose dams and reservoirs over the last generation. One 
of the primary reasons is the length of study time and 
regulatory analysis. While the previous title is intended to 
help facilitate the construction of non-federal dams by 
requiring Reclamation to be the lead agency in coordinating 
multi-agency permitting reviews, Title VIII is designed to 
speed up Reclamation's feasibility study process on surface 
water storage that ``would be owned, funded, or operated'' by 
the agency, a water recycling or desalination project under 
Title XVI of Public Law 102-575, or a rural water supply 
project investigated under Public Law 109-451.
    Modeled after provisions in the Water Resources Reform and 
Development Act of 2014 (Public Law 113-121)--which passed the 
House by a vote of 412-4 and the Senate by 91-7--Title VIII 
would reform bureaucratic permitting procedures, strengthen 
oversight of the agency, and ultimately allow for a more 
efficient process of congressional approval of water resource 
projects. Title VIII requires future Reclamation feasibility 
studies to be completed within three years after the date of 
initiation and have a maximum federal cost of $3 million. It 
does allow for a maximum seven year extension of that time and 
cost if the Interior Secretary provides a detailed 
justification to the non-federal project sponsor and Congress. 
Title VIII also requires the Interior Secretary to expedite the 
completion of any ongoing feasibility studies initiated before 
the date of enactment. If the Secretary determines that the 
project is justified in a completed report, the Secretary shall 
proceed to pre-construction planning, engineering and design of 
the project.
    To reduce the amount of duplicative review, Title VIII 
directs the Interior Secretary to develop and implement a 
coordinated environmental review process with Reclamation and 
the non-federal project sponsor as lead agencies for expedited 
environmental review of a project. Finally, Title VIII directs 
the Interior Secretary to develop and submit a report to the 
relevant committees in Congress that identifies projects, 
proposed projects, and proposed modifications to studies, with 
federal and non-federal cost estimates for all three.
    Under federal law, any irrigation district or water utility 
that receives contracted water from a Reclamation facility must 
repay its allocated portion of the capital costs of the federal 
water project if it has a capital repayment contract. These 
repayment costs are typically set forth in long-term contracts 
between a water district and the federal government. At the 
same time, irrigation districts are subject to federal land-use 
restrictions and paperwork requirements under the Reclamation 
Reform Act of 1982 (Public Law 97-293) as long as they owe a 
capital debt to Reclamation. This same law does not allow these 
water users to make an early repayment to the U.S. Treasury. 
Title IX allows water users to pre-pay their repayment 
contracts, allowing for early receipts to flow into the federal 
government's coffers. Title IX also creates a surface water 
storage enhancement program by directing the Secretary to use 
50 percent of receipts from early repayment for the 
construction of new surface water storage. This amount of 
funding would be required to be repaid back by the 
beneficiaries.
    Reclamation is responsible for maintaining over 400 dams in 
the western United States. Of those, 366 would likely cause 
loss of life if they were to fail. The Safety of Dams program 
allows modification of Reclamation dams if ``the cause of which 
results from new hydrologic or seismic data or changes in the 
state-of-the-art criteria deemed necessary for safety 
purposes.'' Modifications can include structural strengthening 
and construction of spillways, filters and drains. Under the 
current Safety of Dams program, Reclamation can only evaluate 
the corrective action necessary to repair the facility. Current 
federal law does not allow the agency to consider various types 
of dam improvements, including dam raises, while studying or 
making safety repairs.
    Title X allows Reclamation to study and construct, if found 
feasible and in compliance with Reclamation law, other dam 
improvements that would be paid for by project beneficiaries in 
conjunction with dam safety repairs under the Safety of Dams 
Act. Making such improvements is the equivalent of a homeowner 
installing a rooftop window while replacing the shingles on 
his/her roof.
    Western water law gives states the rights to develop their 
own systems of water law. Over the past few years, however, 
Westerners have seen a number of federal proposals that have 
attempted to extort their water rights in return for special 
use permits necessary to operate businesses and family farms. 
For example, in 2011, the U.S. Forest Service of the Department 
of Agriculture issued an interim directive for ski area special 
use permits in Region Two (Colorado and Wyoming). The directive 
included a clause requiring applicant ski areas to relinquish 
privately held water rights to the United States as a permit 
condition. Similarly, last year the Forest Service published 
its draft ``Directive on Groundwater Resource Management''.
    Title XI prohibits the Departments of the Interior and 
Agriculture from conditioning or withholding issuance, renewal, 
amendments or extension of any land use permit on the 
limitation or encumbrance of any water right to the United 
States. It also prohibits requiring water users to apply for or 
acquire a water right in the name of the United States under 
state law as a condition for such a permit, and prohibits the 
federal government from asserting jurisdiction over groundwater 
withdrawals or impacts on groundwater resources.
    Within these provisions, H.R. 2898 incorporates similar 
text from several bills introduced in the 114th Congress, 
including H.R. 2085 (Denham), to direct the Secretary of the 
Interior to enter into negotiations with interested local water 
and power providers for the transfer of ownership, control, and 
operation of the New Melones Unit, Central Valley Project; H.R. 
2086 (Denham), to direct the Secretary of Commerce, with the 
Oakdale Irrigation District and the South San Joaquin 
Irrigation District, California, to develop and conduct a pilot 
program to remove nonnative predator fishes from the Stanislaus 
River, California; H.R. 2097 (Newhouse), Bureau of Reclamation 
Surface Water Storage Streamlining Act; H.R. 1830 (Tipton), 
Water Rights Protection Act; and H.R. 2749 (Valadao), Dams 
Accountability, Maintenance, and Safety Act. It also 
incorporates similar text from two bills from the 113th 
Congress, H.R. 3980 (McClintock), Water Supply Permitting 
Coordination Act, and H.R. 3981 (Hastings of Washington), 
Accelerated Revenue, Repayment and Surface Water Storage 
Enhancement Act.

                            Committee Action

    H.R. 2898 was introduced on June 25, 2015, by Congressman 
David G. Valadao (R-CA). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water, Power and Oceans. The bill was also 
additionally referred to the Committee on Agriculture. On July 
8, 2015, the Natural Resources Committee met to consider the 
bill. The Water, Power and Oceans Subcommittee was discharged 
by unanimous consent. Congresswoman Grace F. Napolitano (D-CA) 
offered amendment designated 007; the amendment was not adopted 
by a bipartisan roll call vote of 15 to 24, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Tom McClintock (R-CA) offered an amendment 
designated #1; it was adopted by voice vote. Congressman Jim 
Costa (D-CA) offered and withdrew an amendment designated 009. 
Congressman Jared Huffman (D-CA) offered an amendment 
designated 069; the amendment was not adopted by a bipartisan 
roll call vote of 12 to 24, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Jim Costa (D-CA) offered an amendment 
designated 010; it was adopted by voice vote. Congressman Jared 
Huffman (D-CA) offered an amendment designated 070; the 
amendment was not adopted by voice vote. Congressman Alan S. 
Lowenthal (D-CA) offered an amendment designated 034; it was 
not adopted by voice vote. Congressman Raul Ruiz (D-CA) offered 
an amendment designated 023; it was not adopted by a bipartisan 
roll call vote of 12 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Raul M. Grijalva (D-AZ) offered an amendment 
designated #1; it was not adopted by a bipartisan roll call 
vote of 13 to 24, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Jared Huffman (D-CA) offered an amendment 
designated 067; it was not adopted by a bipartisan roll call 
vote of 13 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Jared Huffman (D-CA) offered an amendment 
designated 071; it was not adopted by a bipartisan roll call 
vote of 12 to 23, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    On July 9, 2015, the bill, as amended, was adopted and 
ordered favorably reported to the House of Representatives by a 
bipartisan roll call vote of 23 to 12, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of the Congressional Budget Office but will be 
filing a supplemental report on the bill when the cost estimate 
is received.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, the Committee does not currently believe this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures but may revise this statement when the requested 
Congressional Budget Office cost estimate is received.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide drought relief to the 
State of California and other Western states.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in this bill are not currently being nor could they be 
performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman believes that this bill 
directs the Secretary of the Interior to conduct one specific 
rule-making proceeding.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                 CENTRAL VALLEY PROJECT IMPROVEMENT ACT

          TITLE XXXIV--CENTRAL VALLEY PROJECT IMPROVEMENT ACT

SEC. 3401. SHORT TITLE.

  This title may be cited as the ``Central Valley Project 
Improvement Act''.

SEC. 3402. PURPOSES.

  The purposes of this title shall be--
          (a) to protect, restore, and enhance fish, wildlife, 
        and associated habitats in the Central Valley and 
        Trinity River basins of California;
          (b) to address impacts of the Central Valley Project 
        on fish, wildlife and associated habitats;
          (c) to improve the operational flexibility of the 
        Central Valley Project;
          (d) to increase water-related benefits provided by 
        the Central Valley Project to the State of California 
        through expanded use of voluntary water transfers and 
        improved water conservation;
          (e) to contribute to the State of California's 
        interim and long-term efforts to protect the San 
        Francisco Bay/Sacramento-San Joaquin Delta Estuary;
          (f) to achieve a reasonable balance among competing 
        demands for use of Central Valley Project water, 
        including the requirements of fish and wildlife, 
        agricultural, municipal and industrial and power 
        contractors[.]
  (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. 3403. DEFINITIONS.

  As used in this title--
          [(a) the term ``anadromous fish'' means those stocks 
        of salmon (including steelhead), striped bass, 
        sturgeon, and American shad that ascend the Sacramento 
        and San Joaquin rivers and their tributaries and the 
        Sacramento-San Joaquin Delta to reproduce after 
        maturing in San Francisco Bay or the Pacific Ocean;]
  (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;
          (b) the terms ``artificial propagation'' and 
        ``artificial production'' mean spawning, incubating, 
        hatching, and rearing fish in a hatchery or other 
        facility constructed for fish production;
          (c) the term ``Central Valley Habitat Joint Venture'' 
        means the association of Federal and State agencies and 
        private parties established for the purpose of 
        developing and implementing the North American 
        Waterfowl Management Plan as it pertains to the Central 
        Valley of California;
          (d) the terms ``Central Valley Project'' or 
        ``project'' mean all Federal reclamation projects 
        located within or diverting water from or to the 
        watershed of the Sacramento 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 but not limited to the 
        Act of October 17, 1940 (54 Stat. 1198, 1199), Act of 
        December 22, 1944 (58 Stat. 887), Act of October 14, 
        1949 (63 Stat. 852), Act of September 26, 1950 (64 
        Stat. 1036), Act of August 27, 1954 (68 Stat. 879), Act 
        of August 12, 1955 (69 Stat. 719), Act of June 3, 1960 
        (74 Stat. 156), Act of October 23, 1962 (76 Stat. 
        1173), Act of September 2, 1965 (79 Stat. 615), Act of 
        August 19, 1967 (81 Stat. 167), Act of August 27, 1967 
        (81 Stat. 173), Act of October 23, 1970 (84 Stat. 
        1097), Act of September 28, 1976 (90 Stat. 1324) and 
        Act of October 27, 1986 (100 Stat. 3050);
          (e) the term ``Central Valley Project service area'' 
        means that area of the Central Valley and San Francisco 
        Bay Area where water service has been expressly 
        authorized pursuant to the various feasibility studies 
        and consequent congressional authorizations for the 
        Central Valley Project;
          (f) the term ``Central Valley Project water'' means 
        all water that is developed, diverted, stored, or 
        delivered by the Secretary in accordance with the 
        statutes authorizing the Central Valley Project and in 
        accordance with the terms and conditions of water 
        rights acquired pursuant to California law;
          (g) the term ``full cost'' has the meaning given such 
        term in paragraph (3) of section 202 of the Reclamation 
        Reform Act of 1982;
          (h) the term ``natural production'' means fish 
        produced to adulthood without direct human intervention 
        in the spawning, rearing, or migration processes;
          (i) the term ``Reclamation laws'' means the Act of 
        June 17, 1902 (82 Stat. 388) and all Acts amendatory 
        thereof or supplemental thereto;
          (j) the term ``Refuge Water Supply Report'' means the 
        report issued by the Mid-Pacific Region of the Bureau 
        of Reclamation of the U.S. Department of the Interior 
        entitled Report on Refuge Water Supply Investigations, 
        Central Valley Hydrologic Basin, California (March 
        1989);
          (k) the terms ``repayment contract'' and ``water 
        service contract'' have the same meaning as provided in 
        sections 9(d) and 9(e) of the Reclamation Project Act 
        of 1939 (53 Stat. 1187, 1195), as amended;
          (l) the terms ``Restoration Fund'' and ``Fund'' mean 
        the Central Valley Project Restoration Fund established 
        by this title; [and,]
          (m) the term ``Secretary'' means the Secretary of the 
        Interior[.]; and
  (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.

           *       *       *       *       *       *       *


SEC. 3405. WATER TRANSFERS, IMPROVED WATER MANAGEMENT AND CONSERVATION.

  (a) Water Transfers.-- [In order to]
          (1) In general._In order to assist California urban 
        areas, agricultural water users, and others in meeting 
        their future water needs, subject to the conditions and 
        requirements of this subsection, all individuals or 
        districts who receive Central Valley Project water 
        under water service or repayment contracts, water 
        rights settlement contracts or exchange contracts 
        entered into prior to or after the date of enactment of 
        this title are authorized to transfer all or a portion 
        of the water subject to such contract to any other 
        California water user or water agency, State or Federal 
        agency, Indian tribe, or private nonprofit organization 
        for project purposes or any purpose recognized as 
        beneficial under applicable State law. [Except as 
        provided herein]
          (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.).
          (3) Terms._Except as otherwise provided in this 
        section, the terms of such transfers shall be set by 
        mutual agreement between the transferee and the 
        transferor.
          [(1)] (4) Conditions for transfers.-- All transfers 
        to Central Valley Project water authorized by this 
        subsection shall be subject to review and approval by 
        the Secretary under the conditions specified in this 
        subsection. Transfers involving more than 20 percent of 
        the Central Valley Project water subject to long-term 
        contract within any contracting district or agency 
        shall also be subject to review and approval by such 
        district or agency under the conditions specified in 
        this subsection:
                  (A) No transfer [to] or combination of 
                transfers authorized by this subsection shall 
                exceed, in any year, the average annual 
                quantity of water under contract actually 
                delivered to the contracting district or agency 
                during the last three years of normal water 
                delivery prior to the date of enactment of this 
                title.
                  (B) All water under the contract which is 
                transferred under authority of this subsection 
                to any district or agency which is not a 
                Central Valley Project contractor at the time 
                of enactment of this title shall, if used for 
                irrigation purposes, be repaid at the greater 
                of the full-cost or cost of service rates, or, 
                if the water is used for municipal and 
                industrial purposes, at the greater of the cost 
                of service or municipal and industrial rates.
                  (C) No transfers authorized by this 
                subsection shall be approved unless the 
                transfer is between a willing buyer and a 
                willing seller under such terms and conditions 
                as may be mutually agreed upon.
                  (D) No transfer authorized by this subsection 
                shall be approved unless the transfer is 
                consistent with State law, including but not 
                limited to provisions of the California 
                Environmental Quality Act.
                  (E) All transfers authorized by this 
                subsection shall be deemed a beneficial use of 
                water by the transferor for the purposes of 
                section 8 of the Act of June 17, 1902, 32 Stat. 
                390, 43 U.S.C. 372.
                  (F) All transfers entered into pursuant to 
                this subsection for uses outside the Central 
                Valley Project service area shall be subject to 
                a right of first refusal on the same terms and 
                conditions by entities within the Central 
                Valley Project service area. The right of first 
                refusal must be exercised within ninety days 
                from the date that notice is provided of the 
                proposed transfer. Should an entity exercise 
                the right of first refusal, it must compensate 
                the transferee who had negotiated the agreement 
                upon which the right of first refusal is being 
                exercised for that entity's total costs 
                associated with the development and negotiation 
                of the transfer.
                  (G) No transfer authorized by this subsection 
                shall be considered by the Secretary as 
                conferring supplemental or additional benefits 
                on Central Valley Project water contractors as 
                provided in section 203 of Public Law 97-293 
                (43 U.S.C. 390(cc)).
                  (H) The Secretary shall not approve a 
                transfer authorized by this subsection unless 
                the Secretary has determined, consistent with 
                paragraph [3405(a)(2) of this title] (5), that 
                the transfer will not violate the provisions of 
                this title or other Federal law and will have 
                no significant adverse effect on the 
                Secretary's ability to deliver water pursuant 
                to the Secretary's Central Valley Project 
                contractual obligations or fish and wildlife 
                obligations under this title because of 
                limitations in conveyance or pumping capacity.
                  (I) The water subject to any transfer 
                undertaken pursuant to this subsection shall be 
                limited to water that would have been 
                consumptively used or irretrievably lost to 
                beneficial use during the year or years of the 
                transfer.
                  (J) The Secretary shall not approve a 
                transfer authorized by this subsection unless 
                the Secretary determines, consistent with 
                paragraph [3405(a)(2) of this title] (5), that 
                such transfer will have no significant long-
                term adverse impact on groundwater conditions 
                in the transferor's service area.
                  (K) The Secretary shall not approve a 
                transfer unless the Secretary determines, 
                consistent with paragraph [3405(a)(2) of this 
                title] (5), that such transfer will have no 
                unreasonable impact on the water supply, 
                operations, or financial conditions of the 
                transferor's contracting district or agency or 
                its water users.
                  (L) The Secretary shall not approve a 
                transfer if the Secretary determines, 
                consistent with paragraph [3405(a)(2) of this 
                title] (5), that such transfer would result in 
                a significant reduction in the quantity or 
                decrease in the quality of water supplies 
                currently used for fish and wildlife purposes, 
                unless the Secretary determines pursuant to 
                findings setting forth the basis for such 
                determination that such adverse effects would 
                be more than offset by the benefits of the 
                proposed transfer. In the event of such a 
                determination, the Secretary shall develop and 
                implement alternative measures and mitigation 
                activities as integral and concurrent elements 
                of any such transfer to provide fish and 
                wildlife benefits substantially equivalent to 
                those lost as a consequence of such transfer.
                  (M) Transfers between Central Valley Project 
                contractors within counties, watersheds, or 
                other areas of origin, as those terms are 
                utilized under California law, shall be deemed 
                to meet the conditions set forth in 
                subparagraphs (A) and (I) of this paragraph.
          [(2)] (5) Review and approval of transfers.-- All 
        transfers subject to review and approval under this 
        subsection shall be reviewed and approved in a manner 
        consistent with the following:
                  (A) Decisions on water transfers subject to 
                review by a contracting district or agency or 
                by the Secretary shall be rendered within 
                ninety days of receiving a written transfer 
                proposal from the transferee or transferor. 
                Such written proposal should provide all 
                information reasonably necessary to determine 
                whether the transfer complies with the terms 
                and conditions of this subsection.
                  (B) All transfers subject to review by a 
                contracting district or agency shall be 
                reviewed in a public process similar to that 
                provided for in section 226 of Public Law 97-
                293.
                  (C) The contracting district or agency or the 
                Secretary shall approve all transfers subject 
                to review and approval by such entity if such 
                transfers are consistent with the terms and 
                conditions of this subsection. To disapprove a 
                transfer, the contracting district or agency or 
                the Secretary shall inform the transferee and 
                transferor, in writing, why the transfer does 
                not comply with the terms and conditions of 
                this subsection and what alternatives, if any, 
                could be included so that the transfer would 
                reasonably comply with the requirements of this 
                subsection.
                  (D) If the contracting district or agency or 
                the Secretary fails to approve or disapprove a 
                proposed transfer within ninety days of 
                receiving a complete written proposal from the 
                transferee or transferor, then the transfer 
                shall be deemed approved.
                  (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.
          [(3)] (6) Transfers executed after September 30, 1999 
        shall only be governed by the provisions of 
        subparagraphs [3405(a)(1)(A)-(C), (E), (G), (H), (I), 
        (L), and (M) of this title] (A) through (C), (E), (G), 
        (H), (I), (L), and (M) of paragraph (4), and by State 
        law.
  (b) Metering of Water Use Required.--All Central Valley 
Project water service or repayment contracts for agricultural, 
municipal, or industrial purposes that are entered into, 
renewed, or amended under any provision of Federal Reclamation 
law after the date of enactment of this title, shall provide 
that the contracting district or agency shall ensure that all 
surface water delivery systems within its boundaries are 
equipped with water measuring devices or water measuring 
methods of comparable effectiveness acceptable to the Secretary 
within five years of the date of contract execution, amendment, 
or renewal, and that any new surface water delivery systems 
installed within its boundaries on or after the date of 
contract renewal are so equipped. The contracting district or 
agency shall inform the Secretary and the State of California 
annually as to the monthly volume of surface water delivered 
within its boundaries.
  (c) State and Federal Water Quality Standards.--All Central 
Valley Project water service or repayment contracts for 
agricultural, municipal, or industrial purposes that are 
entered into, renewed, or amended under any provision of 
Federal Reclamation law after the date of enactment of this 
title, shall provide that the contracting district or agency 
shall be responsible for compliance with all applicable State 
and Federal water quality standards applicable to surface and 
subsurface agricultural drainage discharges generated within 
its boundaries. This subsection shall not affect or alter any 
legal obligation of the Secretary to provide drainage services.
  (d) Water Pricing Reform.--All Central Valley Project water 
service or repayment contracts for a term longer than three 
years for agricultural, municipal, or industrial purposes that 
are entered into, renewed, or amended under any provision of 
Federal Reclamation law after the date of enactment of this 
title shall provide that all project water subject to contract 
shall be made available to districts, agencies, and other 
contracting entities pursuant to a system of tiered water 
pricing. Such a system shall specify rates for each district, 
agency or entity based on an inverted block rate structure with 
the following provisions:
          (1) the first rate tier shall apply to a quantity of 
        water up to 80 percent of the contract total and shall 
        not be less than the applicable contract rate;
          (2) the second rate tier shall apply to that quantity 
        of water over 80 percent and under 90 percent of the 
        contract total and shall be at a level halfway between 
        the rates established under paragraphs (1) and (3) of 
        this subsection;
          (3) the third rate tier shall apply to that quantity 
        of water over 90 percent of the contract total and 
        shall not be less than the full cost rate; and
          (4) the Secretary shall charge contractors only for 
        water actually delivered.
The Secretary shall waive application of this subsection as it 
relates to any project water delivered to produce a crop which 
the Secretary determines will provide significant and 
quantifiable habitat values for waterfowl in fields where the 
water is used and the crops are produced: Provided, That such 
waiver shall apply only if such habitat values can be assured 
consistent with the purposes of this title through binding 
agreements executed with or approved by the Secretary.
  (e) Water Conservation Standards.--The Secretary shall 
establish and administer an office of Central Valley Project 
water conservation best management practices that shall, in 
consultation with the Secretary of Agriculture, the California 
Department of Water Resources, California academic 
institutions, and Central Valley Project water users, develop 
criteria for evaluating the adequacy of all water conservation 
plans developed by project contractors, including those plans 
required by section 210 of the Reclamation Reform Act of 1982.
          (1) Criteria developed pursuant to this subsection 
        shall be established within six months following 
        enactment of this title and shall be reviewed 
        periodically thereafter, but no less than every three 
        years, with the purpose of promoting the highest level 
        of water use efficiency reasonably achievable by 
        project contractors using best available cost-effective 
        technology and best management practices. The criteria 
        shall include, but not be limited to agricultural water 
        suppliers' efficient water management practices 
        developed pursuant to California State law or 
        reasonable alternatives.
          (2) The Secretary, through the office established 
        under this subsection, shall review and evaluate within 
        18 months following enactment of this title all 
        existing conservation plans submitted by project 
        contractors to determine whether they meet the 
        conservation and efficiency criteria established 
        pursuant to this subsection.
          (3) In developing the water conservation best 
        management practice criteria required by this 
        subsection, the Secretary shall take into account and 
        grant substantial deference to the recommendations for 
        action specific to water conservation and drainage 
        source reduction proposed in the Final Report of the 
        San Joaquin Valley Drainage Program, entitled A 
        Management Plan for Agricultural Subsurface Drainage 
        and Related Problems on the Westside San Joaquin Valley 
        (September 1990).
  (f) Increased Revenues.--All revenues received by the 
Secretary as a result of the increased repayment rates 
applicable to water transferred from irrigation use to 
municipal and industrial use under subsection 3405(a) of this 
section, and all increased revenues received by the Secretary 
as a result of the increased water prices established under 
subsection 3405(d) of this section, shall be covered to the 
Restoration Fund.

SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION.

  (a) Amendments to Central Valley Project Authorizations.--Act 
of August 26, 1937.--Section 2 of the Act of August 26, 1937 
(chapter 832; 50 Stat. 850), as amended, is amended--
          (1) in the second proviso of subsection (a), by 
        inserting ``and mitigation, protection, and restoration 
        of fish and wildlife'' after ``Indian reservations,'';
          (2) in the last proviso of subsection (a), by 
        striking ``domestic uses;'' and inserting ``domestic 
        uses and fish and wildlife mitigation, protection and 
        restoration purposes;'' and by striking ``power'' and 
        inserting ``power and fish and wildlife enhancement'';
          (3) by adding at the end the following: ``The 
        mitigation for fish and wildlife losses incurred as a 
        result of construction, operation, or maintenance of 
        the Central Valley Project shall be based on the 
        replacement of ecologically equivalent habitat and 
        shall take place in accordance with the provisions of 
        this title and concurrent with any future actions which 
        adversely affect fish and wildlife populations or their 
        habitat but shall have no priority over them.''; and
          (4) by adding at the end the following: ``(e) Nothing 
        in this title shall affect the State's authority to 
        condition water rights permits for the Central Valley 
        Project.''
  (b) Fish and Wildlife Restoration Activities.--The Secretary, 
immediately upon the enactment of this title, shall operate the 
Central Valley Project to meet all obligations under State and 
Federal law, including but not limited to the Federal 
Endangered Species Act, 16 U.S.C. 1531, et seq., and all 
decisions of the California State Water Resources Control Board 
establishing conditions on applicable licenses and permits for 
the project. The Secretary, in consultation with other State 
and Federal agencies, Indian tribes, and affected interests, is 
further authorized and directed to:
          (1) develop within three years of enactment and 
        implement a program which makes all reasonable efforts 
        to ensure that, by the year 2002, natural production of 
        anadromous fish in Central Valley rivers and streams 
        will be sustainable, on a long-term basis, at levels 
        not less than twice the average levels attained during 
        the period of 1967-1991; Provided, That this goal shall 
        not apply to the San Joaquin River between Friant Dam 
        and the Mendota Pool, for which a separate program is 
        authorized under subsection 3406(c) of this title; 
        Provided further, That the programs and activities 
        authorized by this section shall, when fully 
        implemented, be deemed to meet the mitigation, 
        protection, restoration, and enhancement purposes 
        established by subsection 3406(a) of this title; And 
        provided further, That in the course of developing and 
        implementing this program the Secretary shall make all 
        reasonable efforts consistent with the requirements of 
        this section to address other identified adverse 
        environmental impacts of the Central Valley Project not 
        specifically enumerated in this section.
                  (A) This program shall give first priority to 
                measures which protect and restore natural 
                channel and riparian habitat values through 
                habitat restoration actions, modifications to 
                Central Valley Project operations, and 
                implementation of the supporting measures 
                mandated by this subsection; shall be reviewed 
                and updated every five years; and shall 
                describe how the Secretary intends to operate 
                the Central Valley Project to meet the fish, 
                wildlife, and habitat restoration goals and 
                requirements set forth in this title and other 
                project purposes.
                  (B) As needed to achieve the goals of this 
                program, the Secretary is authorized and 
                directed to modify Central Valley Project 
                operations to provide flows of suitable 
                quality, quantity, and timing to protect all 
                life stages of anadromous fish, except that 
                such flows shall be provided from the quantity 
                of water dedicated to fish, wildlife, and 
                habitat restoration purposes under paragraph 
                (2) of this subsection; from the water supplies 
                acquired pursuant to paragraph (3) of this 
                subsection; and from other sources which do not 
                conflict with fulfillment of the Secretary's 
                remaining contractual obligations to provide 
                Central Valley Project water for other 
                authorized purposes. Instream flow needs for 
                all Central Valley Project controlled streams 
                and rivers shall be determined by the Secretary 
                based on recommendations of the United States 
                Fish and Wildlife Service after consultation 
                with the California Department of Fish and 
                Game.
                  (C) The Secretary shall cooperate with the 
                State of California to ensure that, to the 
                greatest degree practicable, the specific 
                quantities of yield dedicated to and managed 
                for fish and wildlife purposes under this title 
                are credited against any additional obligations 
                of the Central Valley Project which may be 
                imposed by the State of California following 
                enactment of this title, including but not 
                limited to increased flow and reduced export 
                obligations which may be imposed by the 
                California State Water Resources Control Board 
                in implementing San Francisco Bay/Sacramento-
                San Joaquin Delta Estuary standards pursuant to 
                the review ordered by the California Court of 
                Appeals in United States v. State Water 
                Resources Control Board, 182 Cal.App.3d 82 
                (1986), and that, to the greatest degree 
                practicable, the programs and plans required by 
                this title are developed and implemented in a 
                way that avoids inconsistent or duplicative 
                obligations from being imposed upon Central 
                Valley Project water and power contractors.
                  (D) Costs associated with this paragraph 
                shall be reimbursable pursuant to existing 
                statutory and regulatory procedures.
          (2) upon enactment of this title dedicate and manage 
        annually eight hundred thousand acre-feet of Central 
        Valley Project yield for the primary purpose of 
        implementing the fish, wildlife, and habitat 
        restoration purposes and measures authorized by this 
        title; to assist the State of California in its efforts 
        to protect the waters of the San Francisco Bay/
        Sacramento-San Joaquin Delta Estuary; and to help to 
        meet such obligations as may be legally imposed upon 
        the Central Valley Project under State or Federal law 
        following the date of enactment of this title, 
        including but not limited to additional obligations 
        under the Federal Endangered Species Act. For the 
        purpose of this section, the term ``Central Valley 
        Project yield'' means the delivery capability of the 
        Central Valley Project during the 1928-1934 drought 
        period after fishery, water quality, and other flow and 
        operational requirements 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 at the 
        time of enactment of this title have been met.
                  (A) Such quantity of water shall be in 
                addition to the quantities needed to implement 
                paragraph 3406(d)(1) of this title and in 
                addition to all water allocated pursuant to 
                paragraph (23) of this subsection for release 
                to the Trinity River for the purposes of 
                fishery restoration, propagation, and 
                maintenance; and shall be supplemented by all 
                water that comes under the Secretary's control 
                pursuant to subsections 3406(b)(3), 3408(h)-
                (i), and through other measures consistent with 
                subparagraph 3406(b)(1)(B) of this title.
                  (B) Such quantity of water shall be managed 
                pursuant to conditions specified by the United 
                States Fish and Wildlife Service after 
                consultation with the Bureau of Reclamation and 
                the California Department of Water Resources 
                and in cooperation with the California 
                Department of Fish and Game.
[Pursuant to section 604(b) of H.R. 2898 (as reported), ``[i]f 
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 subparagraph (C) 
of section 3406(b)(2) of the Central Valley Project Improvement 
Act is amended to read as follows:]
                  [(C) The Secretary may temporarily reduce 
                deliveries of the quantity of water dedicated 
                under this paragraph up to 25 percent of such 
                total whenever reductions due to hydrologic 
                circumstances are imposed upon agricultural 
                deliveries of Central Valley Project water; 
                Provided, That such reductions shall not exceed 
                in percentage terms the reductions imposed on 
                agricultural service contractors; Provided 
                further, That nothing in this subsection or 
                subsection 3406(e) shall require the Secretary 
                to operate the project in a way that 
                jeopardizes human health or safety.]
                  (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.
                  (D) If the quantity of water dedicated under 
                this paragraph, or any portion thereof, is not 
                needed for the purposes of this section, based 
                on a finding by the Secretary, the Secretary is 
                authorized to make such water available for 
                other project purposes.
          (3) develop and implement a program in coordination 
        and in conformance with the plan required under 
        paragraph (1) of this subsection for the acquisition of 
        a water supply to supplement the quantity of water 
        dedicated to fish and wildlife purposes under paragraph 
        (2) of this subsection and to fulfill the Secretary's 
        obligations under paragraph 3406(d)(2) of this title. 
        The program should identify how the Secretary intends 
        to utilize, in particular the following options: 
        improvements in or modifications of the operations of 
        the project; water banking; conservation; transfers; 
        conjunctive use; and temporary and permanent land 
        fallowing, including purchase, lease, and option of 
        water, water rights, and associated agricultural land.
          (4) develop and implement a program to mitigate for 
        fishery impacts associated with operations of the Tracy 
        Pumping Plant. Such program shall include, but is not 
        limited to improvement or replacement of the fish 
        screens and fish recovery facilities and practices 
        associated with the Tracy Pumping Plant. Costs 
        associated with this paragraph shall be reimbursed in 
        accordance with the following formula: 37.5 percent 
        shall be reimbursed as main project features, 37.5 
        percent shall be considered a nonreimbursable Federal 
        expenditure, and 25 percent shall be paid by the State 
        of California. The reimbursable share of funding for 
        this and other facility repairs, improvements, and 
        construction shall be allocated among project water and 
        power users in accordance with existing project cost 
        allocation procedures.
          (5) develop and implement a program to mitigate for 
        fishery impacts resulting from operations of the Contra 
        Costa Canal Pumping Plant No. 1. Such program shall 
        provide for construction and operation of fish 
        screening and recovery facilities, and for modified 
        practices and operations. Costs associated with this 
        paragraph shall be reimbursed in accordance with the 
        following formula: 37.5 percent shall be reimbursed as 
        main project features, 37.5 percent shall be considered 
        a nonreimbursable Federal expenditure, and 25 percent 
        shall be paid by the State of California.
          (6) install and operate a structural temperature 
        control device at Shasta Dam and develop and implement 
        modifications in CVP operations as needed to assist in 
        the Secretary's efforts to control water temperatures 
        in the upper Sacramento River in order to protect 
        anadromous fish in the upper Sacramento River. Costs 
        associated with planning and construction of the 
        structural temperature control device shall be 
        reimbursed in accordance with the following formula: 
        37.5 percent shall be reimbursed as main project 
        features, 37.5 percent shall be considered a 
        nonreimbursable Federal expenditure, and 25 percent 
        shall be paid by the State of California.
          (7) meet flow standards and objectives and diversion 
        limits set forth in all laws and judicial decisions 
        that apply to Central Valley Project facilities, 
        including, but not limited to, provisions of this title 
        and all obligations of the United States under the 
        ``Agreement Between the United States and the 
        Department of Water Resources of the State of 
        California for Coordinated Operation of the Central 
        Valley Project and the State Water Project'' dated May 
        20, 1985, as well as Public Law 99-546.
          (8) make use of short pulses of increased water flows 
        to increase the survival of migrating anadromous fish 
        moving into and through the Sacramento-San Joaquin 
        Delta and Central Valley rivers and streams.
          (9) develop and implement a program to eliminate, to 
        the extent possible, losses of anadromous fish due to 
        flow fluctuations caused by the operation of any 
        Central Valley Project storage or re-regulating 
        facility. The program shall be patterned where 
        appropriate after the agreement between the California 
        Department of Water Resources and the California 
        Department of Fish and Game with respect to the 
        operation of the California State Water Project 
        Oroville Dam complex.
          (10) develop and implement measures to minimize fish 
        passage problems for adult and juvenile anadromous fish 
        at the Red Bluff Diversion Dam in a manner that 
        provides for the use of associated Central Valley 
        Project conveyance facilities for delivery of water to 
        the Sacramento Valley National Wildlife Refuge complex 
        in accordance with the requirements of subsection (d) 
        of this section. Costs associated with implementation 
        of this paragraph shall be reimbursed in accordance 
        with the following formula: 37.5 percent shall be 
        reimbursed as main project features, 37.5 percent shall 
        be considered a nonreimbursable Federal expenditure, 
        and 25 percent shall be paid by the State of 
        California.
          (11) rehabilitate and expand the Coleman National 
        Fish Hatchery by implementing the United States Fish 
        and Wildlife Service's Coleman National Fish Hatchery 
        Development Plan, and modify the Keswick Dam Fish Trap 
        to provide for its efficient operation at all project 
        flow release levels and modify the basin below the 
        Keswick Dam spillway to prevent the trapping of fish. 
        Costs associated with implementation of this paragraph 
        shall be reimbursed in accordance with the following 
        formula: 50 percent shall be reimbursed as main project 
        features and 50 percent shall be considered a 
        nonreimbursable Federal expenditure.
          (12) develop and implement a comprehensive program to 
        provide flows to allow sufficient spawning, incubation, 
        rearing, and outmigration for salmon and steelhead from 
        Whiskeytown Dam as determined by instream flow studies 
        conducted by the California Department of Fish and Game 
        after Clear Creek has been restored and a new fish 
        ladder has been constructed at the McCormick-Saeltzer 
        Dam. Costs associated with channel restoration, passage 
        improvements, and fish ladder construction required by 
        this paragraph shall be allocated 50 percent to the 
        United States as a nonreimbursable expenditure and 50 
        percent to the State of California. Costs associated 
        with providing the flows required by this paragraph 
        shall be allocated among project purposes.
          (13) develop and implement a continuing program for 
        the purpose of restoring and replenishing, as needed, 
        spawning gravel lost due to the construction and 
        operation of Central Valley Project dams, bank 
        protection projects, and other actions that have 
        reduced the availability of spawning gravel and rearing 
        habitat in the Upper Sacramento River from Keswick Dam 
        to Red Bluff Diversion Dam, and in the American and 
        Stanislaus Rivers downstream from the Nimbus and 
        Goodwin Dams, respectively. The program shall include 
        preventive measures, such as re-establishment of 
        meander belts and limitations on future bank protection 
        activities, in order to avoid further losses of 
        instream and riparian habitat. Costs associated with 
        implementation of this paragraph shall be reimbursed in 
        accordance with the following formula: 37.5 percent 
        shall be reimbursed as main project features, 37.5 
        percent shall be considered a nonreimbursable Federal 
        expenditure, and 25 percent shall be paid by the State 
        of California.
          (14) develop and implement a program which provides 
        for modified operations and new or improved control 
        structures at the Delta Cross Channel and Georgiana 
        Slough during times when significant numbers of striped 
        bass eggs, larvae, and juveniles approach the 
        Sacramento River intake to the Delta Cross Channel or 
        Georgiana Slough. Costs associated with implementation 
        of this paragraph shall be reimbursed in accordance 
        with the following formula: 37.5 percent shall be 
        reimbursed as main project features, 37.5 percent shall 
        be considered a nonreimbursable Federal expenditure, 
        and 25 percent shall be paid by the State of 
        California.
          (15) construct, in cooperation with the State of 
        California and in consultation with local interests, a 
        barrier at the head of Old River in the Sacramento-San 
        Joaquin Delta to be operated on a seasonal basis to 
        increase the survival of young outmigrating salmon that 
        are diverted from the San Joaquin River to Central 
        Valley Project and State Water Project pumping plants 
        and in a manner that does not significantly impair the 
        ability of local entities to divert water. The costs 
        associated with implementation of this paragraph shall 
        be reimbursed in accordance with the following formula: 
        37.5 percent shall be reimbursed as main project 
        features, 37.5 percent shall be considered a 
        nonreimbursable Federal expenditure, and 25 percent 
        shall be paid by the State of California.
          (16) establish, in cooperation with independent 
        entities and the State of California, a comprehensive 
        assessment program to monitor fish and wildlife 
        resources in the Central Valley to assess the 
        biological results and effectiveness of actions 
        implemented pursuant to this subsection. 37.5 percent 
        of the costs associated with implementation of this 
        paragraph shall be reimbursed as main project features, 
        37.5 percent shall be considered a nonreimbursable 
        Federal expenditure, and 25 percent shall be paid by 
        the State of California.
          (17) develop and implement a program to resolve 
        fishery passage problems at the Anderson-Cottonwood 
        Irrigation District Diversion Dam as well as upstream 
        stranding problems related to Anderson-Cottonwood 
        Irrigation District Diversion Dam operations. Costs 
        associated with implementation of this paragraph shall 
        be allocated 50 percent to the United States as a 
        nonreimbursable expenditure and 50 percent to the State 
        of California.
          (18) if requested by the State of California, assist 
        in developing and implementing management measures to 
        restore the striped bass fishery of the Bay-Delta 
        estuary. Such measures shall be coordinated with 
        efforts to protect and restore native fisheries. Costs 
        associated with implementation of this paragraph shall 
        be allocated 50 percent to the United States and 50 
        percent to the State of California. The United States' 
        share of costs associated with implementation of this 
        paragraph shall be nonreimbursable.
          (19) reevaluate existing operational criteria in 
        order to maintain minimum carryover storage at 
        Sacramento and Trinity River reservoirs to protect and 
        restore the anadromous fish of the Sacramento and 
        Trinity Rivers in accordance with the mandates and 
        requirements of this subsection and subject to the 
        Secretary's responsibility to fulfill all project 
        purposes, including agricultural water delivery.
          (20) participate with the State of California and 
        other Federal agencies in the implementation of the on-
        going program to mitigate fully for the fishery impacts 
        associated with operations of the Glenn-Colusa 
        Irrigation District's Hamilton City Pumping Plant. Such 
        participation shall include replacement of the 
        defective fish screens and fish recovery facilities 
        associated with the Hamilton City Pumping Plant. This 
        authorization shall not be deemed to supersede or alter 
        existing authorizations for the participation of other 
        Federal agencies in the mitigation program. Seventy-
        five percent shall be considered a nonreimbursable 
        Federal expenditure, and 25 percent shall be paid by 
        the State of California.
          (21) assist the State of California in efforts to 
        develop and implement measures to avoid losses of 
        juvenile anadromous fish resulting from unscreened or 
        inadequately screened diversions on the Sacramento and 
        San Joaquin rivers, their tributaries, the Sacramento-
        San Joaquin Delta, and the Suisun Marsh. Such measures 
        shall include but shall not be limited to construction 
        of screens on unscreened diversions, rehabilitation of 
        existing screens, replacement of existing non-
        functioning screens, and relocation of diversions to 
        less fishery-sensitive areas. The Secretary's share of 
        costs associated with activities authorized under this 
        paragraph shall not exceed 50 percent of the total cost 
        of any such activity.
          (22) provide such incentives as the Secretary 
        determines to be appropriate or necessary, consistent 
        with the goals and objectives of this title, to 
        encourage farmers to participate in a program, which 
        the Secretary shall develop, under which such farmers 
        will keep fields flooded during appropriate time 
        periods for the purposes of waterfowl habitat creation 
        and maintenance and for Central Valley Project yield 
        enhancement; Provided, That such incentives shall not 
        exceed $2,000,000 annually, either directly or through 
        credits against other contractual payment obligations, 
        including the pricing waivers authorized under 
        subsection 3405(d) of this tile; Provided further, That 
        the holder of the water contract shall pass such 
        incentives through to farmers participating in the 
        program, less reasonable contractor costs, if any; And 
        provided further, That such water may be transferred 
        subject to section 3405(a) of this title only if the 
        farmer waives all rights to such incentives. This 
        provision shall terminate by the year 2002.
          (23) in order to meet Federal trust responsibilities 
        to protect the fishery resources of the Hoopa Valley 
        Tribe, and to meet the fishery restoration goals of the 
        Act of October 24, 1984, Public Law 98-541, provide 
        through the Trinity River Division, for water years 
        1992 through 1996, an instream release of water to the 
        Trinity River of not less than three hundred and forty 
        thousand acre-feet per year for the purposes of fishery 
        restoration, propagation, and maintenance and,
                  (A) by September 30, 1996, the Secretary, 
                after consultation with the Hoopa Valley Tribe, 
                shall complete the Trinity River Flow 
                Evaluation Study currently being conducted by 
                the United States Fish and Wildlife Service 
                under the mandate of the Secretarial Decision 
                of January 14, 1981, in a manner which insures 
                the development of recommendations, based on 
                the best available scientific data, regarding 
                permanent instream fishery flow requirements 
                and Trinity River Division operating criteria 
                and procedures for the restoration and 
                maintenance of the Trinity River fishery; and
                  (B) not later than December 31, 1996, the 
                Secretary shall forward the recommendations of 
                the Trinity River Flow Evaluation Study, 
                referred to in subparagraph (A) of this 
                paragraph, to the Committee on Energy and 
                Natural Resources and the Select Committee on 
                Indian Affairs of the Senate and the Committee 
                on Interior and Insular Affairs and the 
                Committee on Merchant Marine and Fisheries of 
                the House of Representatives. If the Secretary 
                and the Hoopa Valley Tribe concur in these 
                recommendations, any increase to the minimum 
                Trinity River instream fishery releases 
                established under this paragraph and the 
                operating criteria and procedures referred to 
                in subparagraph (A) shall be implemented 
                accordingly. If the Hoopa Valley Tribe and the 
                Secretary do not concur, the minimum Trinity 
                River instream fishery releases established 
                under this paragraph shall remain in effect 
                unless increased by an Act of Congress, 
                appropriate judicial decree, or agreement 
                between the Secretary and the Hoopa Valley 
                Tribe. Costs associated with implementation of 
                this paragraph shall be reimbursable as 
                operation and maintenance expenditures pursuant 
                to existing law.
If the Secretary and the State of California determine that 
long-term natural fishery productivity in all Central Valley 
Project controlled rivers and streams resulting from 
implementation of this section exceeds that which existed in 
the absence of Central Valley Project facilities, the costs of 
implementing those measures which are determined to provide 
such enhancement shall become credits to offset reimbursable 
costs associated with implementation of this subsection.
  (c) San Joaquin and Stanislaus Rivers.--The Secretary shall, 
by not later than September 30, 1996:
          (1) develop a comprehensive plan, which is 
        reasonable, prudent, and feasible, to address fish, 
        wildlife, and habitat concerns on the San Joaquin 
        River, including but not limited to the streamflow, 
        channel, riparian habitat, and water quality 
        improvements that would be needed to reestablish where 
        necessary and to sustain naturally reproducing 
        anadromous fisheries from Friant Dam to its confluence 
        with the San Francisco Bay/Sacramento-San Joaquin Delta 
        Estuary. Such plan shall be developed in cooperation 
        with the California Department of Fish and Game and in 
        coordination with the San Joaquin River Management 
        Program under development by the State of California; 
        shall comply with and contain any documents required by 
        the National Environmental Policy Act and contain 
        findings setting forth the basis for the Secretary's 
        decision to adopt and implement the plan as well as 
        recommendations concerning the need for subsequent 
        Congressional action, if any; and shall incorporate, 
        among other relevant factors, the potential 
        contributions of tributary streams as well as the 
        alternatives to be investigated under paragraph (2) of 
        this subsection. During the time that the Secretary is 
        developing the plan provided for in this subsection, 
        and until such time as Congress has authorized the 
        Secretary to implement such plan, with or without 
        modifications, the Secretary shall not, as a measure to 
        implement this title, make releases for the restoration 
        of flows between Gravelly Ford and the Mendota Pool and 
        shall not thereafter make such releases as a measure to 
        implement this title without a specific Act of Congress 
        authorizing such releases. In lieu of such requirement, 
        and until such time as flows of sufficient quantity, 
        quality and timing are provided at and below Gravelly 
        Ford to meet the anadromous fishery needs identified 
        pursuant to such plan, if any, entities who receive 
        water from the Friant Division of the Central Valley 
        Project shall be assessed, in addition to all other 
        applicable charges, a $4 per acre-foot surcharge for 
        all Project water delivered on or before September 30, 
        1997; a $5 per acre-foot surcharge for all Project 
        water delivered after September 30, 1997 but on or 
        before September 30, 1999; and a $7 per acre-foot 
        surcharge for all Project water delivered thereafter, 
        to be covered into the Restoration Fund.
          (2) in the course of preparing the Stanislaus River 
        Basin and Calaveras River Water Use Program 
        Environmental Impact Statement and in consultation with 
        the State of California, affected counties, and other 
        interests, evaluate and determine existing and 
        anticipated future basin needs in the Stanislaus River 
        Basin. In the course of such evaluation, the Secretary 
        shall investigate alternative storage, release, and 
        delivery regimes, including but not limited to 
        conjunctive use operations, conservation strategies, 
        exchange arrangements, and the use of base and channel 
        maintenance flows, in order to best satisfy both basin 
        and out-of-basin needs consistent, on a continuing 
        basis, with the limitations and priorities established 
        in the Act of October 23, 1962 (76 Stat. 173). For the 
        purposes of this subparagraph, ``basin needs'' shall 
        include water supply for agricultural, municipal and 
        industrial uses, and maintenance and enhancement of 
        water quality, and fish and wildlife resources within 
        the Stanislaus River Basin as established by the 
        Secretary's June 29, 1981 Record of Decision; and 
        ``out-of-basin'' needs shall include all such needs 
        outside of the Stanislaus River Basin, including those 
        of the San Francisco Bay/Sacramento-San Joaquin Delta 
        Estuary and those of the San Joaquin River under 
        paragraph (1) of this subsection.
  (d) Central Valley Refuges and Wildlife Habitat Areas.--In 
support of the objectives of the Central Valley Habitat Joint 
Venture and in furtherance of the purposes of this title, the 
Secretary shall provide, either directly or through contractual 
agreements with other appropriate parties, firm water supplies 
of suitable quality to maintain and improve wetland habitat 
areas on units of the National Wildlife Refuge System in the 
Central Valley of California; on the Gray Lodge, Los Banos, 
Volta, North Grasslands, and Mendota state wildlife management 
areas; and on the Grasslands Resources Conservation District in 
the Central Valley of California.
          (1) Upon enactment of this title, the quantity and 
        delivery schedules of water measured at the boundaries 
        of each wetland habitat area described in this 
        paragraph shall be in accordance with level 2 of the 
        ``Dependable Water Supply Needs'' table for those 
        habitat areas as set forth in the Refuge Water Supply 
        Report and two-thirds of the water supply needed for 
        full habitat development for those habitat areas 
        identified in the San Joaquin Basin Action Plan/
        Kesterson Mitigation Action Plan Report prepared by the 
        Bureau of Reclamation. Such water shall be provided 
        through long-term contractual agreements with 
        appropriate parties and shall be supplemented by the 
        increment of water provided for in paragraph (1) of 
        this subsection; Provided, That the Secretary shall be 
        obligated to provide such water whether or not such 
        long-term contractual agreements are in effect. In 
        implementing this paragraph, the Secretary shall 
        endeavor to diversify sources of supply in order to 
        minimize possible adverse effects upon Central Valley 
        Project contractors.
          (2) Not later than ten years after enactment of this 
        title, the quantity and delivery schedules of water 
        measured at the boundaries of each wetland habitat area 
        described in this paragraph shall be in accordance with 
        level 4 of the ``Dependable Water Supply Needs'' table 
        for those habitat areas as set forth in the Refuge 
        Water Supply Report and the full water supply needed 
        for full habitat development for those habitat areas 
        identified in the San Joaquin Basin Action Plan/
        Kesterson Mitigation Action Plan Report prepared by the 
        Bureau of Reclamation. The quantities of water required 
        to supplement the quantities provided under paragraph 
        (1) of this subsection shall be acquired by the 
        Secretary in cooperation with the State of California 
        and in consultation with the Central Valley Habitat 
        Joint Venture and other interests in cumulating 
        increments of not less than ten percent per annum 
        through voluntary measures which include water 
        conservation, conjunctive use, purchase, lease, 
        donations, or similar activities, or a combination of 
        such activities which do not require involuntary 
        reallocations of project yield.
          (3) All costs associated with implementation of 
        paragraph (1) of this subsection shall be reimbursable 
        pursuant to existing law. Incremental costs associated 
        with implementation of paragraph (2) of this subsection 
        shall be fully allocated in accordance with the 
        following formula: 75 percent shall be deemed a 
        nonreimbursable Federal expenditure; and 25 percent 
        shall be allocated to the State of California for 
        recovery through direct reimbursements or through 
        equivalent in-kind contributions.
          (4) The Secretary may temporarily reduce deliveries 
        of the quantity of water dedicated under paragraph (1) 
        of this subsection up to 25 percent of such total 
        whenever reductions due to hydrologic circumstances are 
        imposed upon agricultural deliveries of Central Valley 
        Project water; Provided, That such reductions shall not 
        exceed in percentage terms the reductions imposed on 
        agricultural service contractors. For the purpose of 
        shortage allocation, the priority or priorities 
        applicable to the increment of water provided under 
        paragraph (2) of this subsection shall be the priority 
        or priorities which applied to the water in question 
        prior to its transfer to the purpose of providing such 
        increment.
          (5) The Secretary is authorized and directed to 
        construct or to acquire from non-Federal entities such 
        water conveyance facilities, conveyance capacity, and 
        wells as are necessary to implement the requirements of 
        this subsection; Provided, That such authorization 
        shall not extend to conveyance facilities in or around 
        the Sacramento-San Joaquin Delta Estuary. Associated 
        construction or acquisition costs shall be reimbursable 
        pursuant to existing law in accordance with the cost 
        allocations set forth in paragraph (3) of this 
        subsection.
          (6) The Secretary, in consultation with the State of 
        California, the Central Valley Habitat Joint Venture, 
        and other interests, shall investigate and report on 
        the following supplemental actions by not later than 
        September 30, 1997:
                  (A) alternative means of improving the 
                reliability and quality of water supplies 
                currently available to privately owned wetlands 
                in the Central Valley and the need, if any, for 
                additional supplies; and
                  (B) water supply and delivery requirements 
                necessary to permit full habitat development 
                for water dependent wildlife on one hundred and 
                twenty thousand acres supplemental to the 
                existing wetland habitat acreage identified in 
                Table 8 of the Central Valley Habitat Joint 
                Venture's ``Implementation Plan'' dated April 
                19, 1990, as well as feasible means of meeting 
                associated water supply requirements.
  (e) Supporting Investigations.--Not later than five years 
after the date of enactment of this title, the Secretary shall 
investigate and provide recommendations to the Committee on 
Energy and Natural Resources of the Senate and the Committees 
on Interior and Insular Affairs and Merchant Marine and 
Fisheries of the House on the feasibility, cost, and 
desirability of developing and implementing each of the 
following, including, but not limited to, the impact on the 
project, its users, and the State of California:
          (1) measures to maintain suitable temperatures for 
        anadromous fish survival in the Sacramento and San 
        Joaquin rivers and their tributaries, and the 
        Sacramento-San Joaquin Delta by controlling or 
        relocating the discharge of irrigation return flows and 
        sewage effluent, and by restoring riparian forests;
          (2) opportunities for additional hatchery production 
        to mitigate the impacts of water development and 
        operations on, or enhance efforts to increase Central 
        Valley fisheries; Provided, That additional hatchery 
        production shall only be used to supplement or to re-
        establish natural production while avoiding adverse 
        effects on remaining wild stocks;
          (3) measures to eliminate barriers to upstream and 
        downstream migration of salmonids in the Central 
        Valley, including but not limited to screening 
        programs, barrier removal programs and programs for the 
        construction or rehabilitation of fish ladders on 
        tributary streams;
          (4) installation and operation of temperature control 
        devices at Trinity Dam and Reservoir to assist in the 
        Secretary's efforts to conserve cold water for fishery 
        protection purposes;
          (5) measures to provide for modified operations and 
        new or improved control structures at the Delta Cross 
        Channel and Georgiana Slough to assist in the 
        successful migration of anadromous fish; and
          (6) other measures which the Secretary determines 
        would protect, restore, and enhance natural production 
        of salmon and steelhead trout in tributary streams of 
        the Sacramento and San Joaquin Rivers, including but 
        not limited to the Merced, Mokulumne, and Calaveras 
        Rivers and Battle, Butte, Deer, Elder, Mill, and Thomes 
        Creeks.
  (f) Report on Project Fishery Impacts.--The Secretary, in 
consultation with the Secretary of Commerce, the State of 
California, appropriate Indian tribes, and other appropriate 
public and private entities, shall investigate and report on 
all effects of the Central Valley Project on anadromous fish 
populations and the fisheries, communities, tribes, businesses 
and other interests and entities that have now or in the past 
had significant economic, social or cultural association with 
those fishery resources. The Secretary shall provide such 
report to the Committee on Energy and Natural Resources of the 
Senate and the Committees on Interior and Insular Affairs and 
Merchant Marine and Fisheries of the House of Representatives 
not later than two years after the date of enactment of this 
title.
  (g) Ecosystem and Water System Operations Models.--The 
Secretary, in cooperation with the State of California and 
other relevant interests and experts, shall develop readily 
usable and broadly available models and supporting data to 
evaluate the ecologic and hydrologic effects of existing and 
alternative operations of public and private water facilities 
and systems in the Sacramento, San Joaquin, and Trinity River 
watersheds. The primary purpose of this effort shall be to 
support the Secretary's efforts in fulfilling the requirements 
of this title through improved scientific understanding 
concerning, but not limited to, the following:
          (1) a comprehensive water budget of surface and 
        groundwater supplies, considering all sources of inflow 
        and outflow available over extended periods;
          (2) related water quality conditions and improvement 
        alternatives, including improved temperature prediction 
        capabilities as they relate to storage and flows;
          (3) surface-ground and stream-wetland interactions;
          (4) measures needed to restore anadromous fisheries 
        to optimum and sustainable levels in accordance with 
        the restored carrying capacities of Central Valley 
        rivers, streams, and riparian habitats;
          (5) development and use of base flows and channel 
        maintenance flows to protect and restore natural 
        channel and riparian habitat values;
          (6) implementation of operational regimes at State 
        and Federal facilities to increase springtime flow 
        releases, retain additional floodwaters, and assist in 
        restoring both upriver and downriver riparian habitats;
          (7) measures designed to reach sustainable harvest 
        levels of resident and anadromous fish, including 
        development and use of systems of tradeable harvest 
        rights;
          (8) opportunities to protect and restore wetland and 
        upland habitats throughout the Central Valley; and
          (9) measures to enhance the firm yield of existing 
        Central Valley Project facilities, including improved 
        management and operations, conjunctive use 
        opportunities, development of offstream storage, levee 
        setbacks, and riparian restoration.
All studies and investigations shall take into account and be 
fully consistent with the fish, wildlife, and habitat 
protection and restoration measures required by this title or 
by any other State or Federal law. Seventy-five percent of the 
costs associated with implementation of this subsection shall 
be borne by the United States as a nonreimbursable cost; the 
remaining 25 percent shall be borne by the State of California.
  (h) The Secretary shall enter into a binding cost-share 
agreement with the State of California with respect to the 
timely reimbursement of costs allocated to the State in this 
title. Such agreement shall provide for consideration of the 
value of direct reimbursements, specific contributions to the 
Restoration Fund, and water, conveyance capacity, or other 
contributions in-kind that would supplement existing programs 
and that would, as determined by the Secretary, materially 
contribute to attainment of the goals and objectives of this 
title.

SEC. 3407. RESTORATION FUND.

  (a) Restoration Fund Established.--There is hereby 
established in the Treasury of the United States the ``Central 
Valley Project Restoration Fund'' (hereafter ``Restoration 
Fund'') which shall be available for deposit of donations from 
any source and revenues provided under sections 3404(c)(3), 
3405(f), 3406(c)(1), and 3407(d) of this title. Amounts 
deposited shall be credited as offsetting collections. Not less 
than 67 percent of all funds made available to the Restoration 
Fund under this title are authorized to be appropriated to the 
Secretary to carry out the habitat restoration, improvement and 
acquisition (from willing sellers) provisions of this title. 
Not more than 33 percent of all funds made available to the 
Restoration Fund under this title are authorized to be 
appropriated to the Secretary to carry out the provisions of 
paragraphs 3406(b)(4)-(6), (10)-(18), and (20)-(22) of this 
title. Monies donated to the Restoration Fund by non-Federal 
entities for specific purposes shall be expended for those 
purposes only and shall not be subject to appropriation.
  (b) Authorization of Appropriations.--Such sums as are 
necessary, up to $50,000,000 per year (October 1992 price 
levels), are authorized to be appropriated to the Secretary to 
be derived from the Restoration Fund to carry out programs, 
projects, plans, and habitat restoration, improvement, and 
acquisition provisions of this title. Any funds paid into the 
Restoration Fund by Central Valley Project water and power 
contractors and which are also used to pay for the projects and 
facilities set forth in section 3406(b), shall act as an offset 
against any water and power contractor cost share obligations 
that are otherwise provided for in this title.
  (c) Mitigation and Restoration Payments by Water and Power 
Beneficiaries.--
          (1) To the extent required in appropriation Acts, the 
        Secretary shall assess and collect additional annual 
        mitigation and restoration payments, in addition to the 
        charges provided for or collected under sections 
        3404(c)(3), [3405(a)(1)(C)] 3405(a)(4)(C), 3405(f), and 
        3406(c)(1) of this title, consisting of charges to 
        direct beneficiaries of the Central Valley Project 
        under subsection (d) of this section in order to 
        recover a portion or all of the costs of fish, 
        wildlife, and habitat restoration programs and projects 
        under this title.
          (2) The payment described in this subsection shall be 
        established at amounts that will result in collection, 
        during each fiscal year, of an amount that can be 
        reasonably expected to equal the amount appropriated 
        each year, subject to subsection (d) of this section, 
        and in combination with all other receipts identified 
        under this title, to carry out the purposes identified 
        in subsection (b) of this section; Provided, That, if 
        the total amount appropriated under subsection (b) of 
        this section for the fiscal years following enactment 
        of this title does not equal $50,000,000 per year 
        (October 1992 price levels) on an average annual basis, 
        the Secretary shall impose such charges in fiscal year 
        1998 and in each fiscal year thereafter, subject to the 
        limitations in subsection (d) of this section, as may 
        be required to yield in fiscal year 1998 and in each 
        fiscal year thereafter total collections equal to 
        $50,000,000 per year (October 1992 price levels) on a 
        three-year rolling average basis for each fiscal year 
        that follows enactment of this title.
  (d) Adjustment and Assessment of Mitigation and Restoration 
Payments.--
          (1) In assessing the annual payments to carry out 
        subsection (c) of this section, the Secretary shall, 
        prior to each fiscal year, estimate the amount that 
        could be collected in each fiscal year pursuant to 
        subparagraphs 2(A) and (B) of this subsection. The 
        Secretary shall decrease all such payments on a 
        proportionate basis from amounts contained in the 
        estimate so that an aggregate amount is collected 
        pursuant to the requirements of paragraph (c)(2) of 
        this section.
          (2) The Secretary shall assess and collect the 
        following mitigation and restoration payments, to be 
        covered to the Restoration Fund, subject to the 
        requirements of paragraph (1) of this subsection:
                  (A) The Secretary shall require Central 
                Valley Project water and power contractors to 
                make such additional annual payments as are 
                necessary to yield, together with all other 
                receipts, the amount required under paragraph 
                (c)(2) of this subsection; Provided, That such 
                additional payments shall not exceed 
                $30,000,000 (October 1992 price levels) on a 
                three-year rolling average basis; Provided 
                further, That such additional annual payments 
                shall be allocated so as not to exceed $6 per 
                acre-foot (October 1992 price levels) for 
                agricultural water sold and delivered by the 
                Central Valley Project, and $12 per acre-foot 
                (October 1992 price levels) for municipal and 
                industrial water sold and delivered by the 
                Central Valley Project; Provided further, That 
                the charge imposed on agricultural water shall 
                be reduced, if necessary, to an amount within 
                the probable ability of the water users to pay 
                as determined and adjusted by the Secretary no 
                less than every five years, taking into account 
                the benefits resulting from implementation of 
                this title; Provided further, That the 
                Secretary shall impose an additional annual 
                charge of $25 per acre-foot (October 1992 price 
                levels) for Central Valley Project water sold 
                or transferred to any State or local agency or 
                other entity which has not previously been a 
                Central Valley Project customer and which 
                contracts with the Secretary or any other 
                individual or district receiving Central Valley 
                Project water to purchase or otherwise transfer 
                any such water for its own use for municipal 
                and industrial purposes, to be deposited in the 
                Restoration Fund; And Provided further, That 
                upon the completion of the fish, wildlife, and 
                habitat mitigation and restoration actions 
                mandated under section 3406 of this title, the 
                Secretary shall reduce the sums described in 
                paragraph (c)(2) of this section to $35,000,000 
                per year (October 1992 price levels) and shall 
                reduce the annual mitigation and restoration 
                payment ceiling established under this 
                subsection to $15,000,000 (October 1992 price 
                levels) on a three-year rolling average basis. 
                The amount of the mitigation and restoration 
                payment made by Central Valley Project water 
                and power users, taking into account all funds 
                collected under this title, shall, to the 
                greatest degree practicable, be assessed in the 
                same proportion, measured over a ten-year 
                rolling average, as water and power users' 
                respective allocations for repayment of the 
                Central Valley Project.
  (e) Funding to Non-Federal Entities.--If the Secretary 
determines that the State of California or an agency or 
subdivision thereof, an Indian tribe, or a nonprofit entity 
concerned with restoration, protection, or enhancement of fish, 
wildlife, habitat, or environmental values is able to assist in 
implementing any action authorized by this title in an 
efficient, timely, and cost effective manner, the Secretary is 
authorized to provide funding to such entity on such terms and 
conditions as he deems necessary to assist in implementing the 
identified action.
  (f) Restoration Fund Financial Reports.--The Secretary shall, 
not later than the first full fiscal year after enactment of 
this title, and annually thereafter, submit a detailed report 
to the Committee on Energy and Natural Resources and the 
Committee on Appropriations of the Senate, and the Committee on 
Interior and Insular Affairs, the Committee on Merchant Marine 
and Fisheries, and the Committee on Appropriations of the House 
of Representatives. Such report shall describe all receipts to 
and uses made of monies within the Restoration Fund and the 
Restoration Account during the prior fiscal year and shall 
include the Secretary's projection with respect to receipts to 
and uses to be made of the finds during the next upcoming 
fiscal year.
  (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. 3408. ADDITIONAL AUTHORITIES.

  (a) Regulations and Agreements Authorized.--The Secretary is 
authorized and directed to promulgate such regulations and 
enter into such agreements as may be necessary to implement the 
intent, purposes and provisions of this title.
  (b) Use of Electrical Energy.--Electrical energy used to 
operate and maintain facilities developed for fish and wildlife 
purposes pursuant to this title, including that used for 
groundwater development, shall be deemed as Central Valley 
Project power and shall, if reimbursable, be repaid in 
accordance with Reclamation law at a price not higher than the 
lowest price paid by or charged to other Central Valley Project 
contractors.
  (c) Contracts for Additional Storage and Delivery of Water.--
The Secretary is authorized to enter into contracts pursuant to 
Reclamation law and this title with any Federal agency, 
California water user or water agency, State agency, or private 
nonprofit organization for the exchange, impoundment, storage, 
carriage, and delivery of Central Valley Project and non-
project water for domestic, municipal, industrial, fish and 
wildlife, and any other beneficial purpose, except that nothing 
in this subsection shall be deemed to supersede the provisions 
of section 103 of Public Law 99-546 (100 Stat. 3051).
  (d) Use of Project Facilities for Water Banking.--The 
Secretary, in consultation with the State of California, is 
authorized to enter into agreements to allow project 
contracting entities to use project facilities, where such 
facilities are not otherwise committed or required to fulfill 
project purposes or other Federal obligations, for supplying 
carry-over storage of irrigation and other water for drought 
protection, multiple-benefit credit-storage operations, and 
other purposes. The use of such water shall be consistent with 
and subject to State law. All or a portion of the water 
provided for fish and wildlife under this title may be banked 
for fish and wildlife purposes in accordance with this 
subsection.
  (e) Limitation on Construction.--This title does not and 
shall not be interpreted to authorize construction of water 
storage facilities, nor shall it limit the Secretary's ability 
to participate in water banking or conjunctive use programs.
  (f) Annual Reports to Congress.--Not later than September 30 
of each calendar year after the date of enactment of this 
title, the Secretary shall submit a detailed report to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Interior and Insular Affairs and the Committee on 
Merchant Marine and Fisheries of the House of Representatives. 
Such report shall describe all significant actions taken by the 
Secretary pursuant to this title and progress toward 
achievement of the intent, purposes and provisions of this 
title. Such report shall include recommendations for 
authorizing legislation or other measures, if any, needed to 
implement the intent, purposes and provisions of this title.
  (g) Reclamation Law.--This title shall amend and supplement 
the Act of June 17, 1902, and Acts supplementary thereto and 
amendatory thereof.
  (h) Land Retirement.--
          (1) The Secretary is authorized to purchase from 
        willing sellers land and associated water rights and 
        other property interests identified in paragraph (h)(2) 
        which receives Central Valley Project water under a 
        contract executed with the United States, and to target 
        such purchases to areas deemed most beneficial to the 
        overall purchase program, including the purposes of 
        this title.
          (2) The Secretary is authorized to purchase, under 
        the authority of paragraph (h)(i), and pursuant to such 
        rules and regulations as may be adopted or promulgated 
        to implement the provisions of this subsection, 
        agricultural land which, in the opinion of the 
        Secretary--
                  (A) would, if permanently retired from 
                irrigation, improve water conservation by a 
                district, or improve the quality of an 
                irrigation district's agricultural wastewater 
                and assist the district in implementing the 
                provisions of a water conservation plan 
                approved under section 210 of the Reclamation 
                Reform Act of 1982 and agricultural wastewater 
                management activities developed pursuant to 
                recommendations specific to water conservation, 
                drainage source reduction, and land retirement 
                contained in the final report of the San 
                Joaquin Valley Drainage Program (September, 
                1990); or
                  (B) are no longer suitable for sustained 
                agricultural production because of permanent 
                damage resulting from severe drainage or 
                agricultural wastewater management problems, 
                groundwater withdrawals, or other causes.
  (i) Water Conservation.--
          (1) The Secretary is authorized to undertake, in 
        cooperation with Central Valley Project irrigation 
        contractors, water conservation projects or measures 
        needed to meet the requirements of this title. The 
        Secretary shall execute a cost-sharing agreement for 
        any such project or measure undertaken. Under such 
        agreement, the Secretary is authorized to pay up to 100 
        percent of the costs of such projects or measures. Any 
        water saved by such projects or measures shall be 
        governed by the conditions of subparagraph [3405(a)(1) 
        (A) and (J) of this title] subparagraphs (A) and (J) of 
        section 3405(a)(4), and shall be made available to the 
        Secretary in proportion to the Secretary's contribution 
        to the total cost of such project or measure. Such 
        water shall be used by the Secretary to meet the 
        Secretary's obligations under this title, including the 
        requirements of paragraph 3406(b)(3). Such projects or 
        measures must be implemented fully by September 30, 
        1999.
          (2) There are authorized to be appropriated through 
        the end of fiscal year 1998 such sums as may be 
        necessary to carry out the provisions of this 
        subsection. Funds appropriated under this subsection 
        shall be a nonreimbursable Federal expenditure.
  (j) Project Yield Increase.--In order to minimize adverse 
effects, if any, upon existing Central Valley Project water 
contractors resulting from the water dedicated to fish and 
wildlife under this title, and to assist the State of 
California in meeting its future water needs, the Secretary 
shall, not later than three years after the date of enactment 
of this title, develop and submit to the Congress, a least-cost 
plan to increase, within fifteen years after the date of 
enactment of this title, the yield of the Central Valley 
Project by the amount dedicated to fish and wildlife purposes 
under this title. The plan authorized by this subsection shall 
include, but shall not be limited to a description of how the 
Secretary intends to use the following options:
          (1) improvements in, modification of, or additions to 
        the facilities and operations of the project;
          (2) conservation;
          (3) transfers;
          (4) conjunctive use;
          (5) purchase of water;
          (6) purchase and idling of agricultural land; and
          (7) direct purchase of water rights.
Such plan shall include recommendations on appropriate cost-
sharing arrangements and shall be developed in a manner 
consistent with all applicable State and Federal law.
  (k) Except as specifically provided in this title, nothing in 
this title is intended to alter the terms of any final judicial 
decree confirming or determining water rights.

           *       *       *       *       *       *       *

                              ----------                              


                 RECLAMATION SAFETY OF DAMS ACT OF 1978



           *       *       *       *       *       *       *
  Sec. 3. [Construction] Except as provided in section 5B, 
construction authorized by this Act shall be for the purposes 
of dam safety and not for the specific purposes of providing 
additional conservation storage capacity or of developing 
benefits over and above those provided by the original dams and 
reservoirs. Nothing in this Act shall be construed to reduce 
the amount of project costs allocated to reimbursable purposes 
heretofore authorized.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 2898 sets an unprecedented standard for state 
preemption, environmental disregard, and a stunning 
indifference to the thousands whose jobs will be threatened by 
this legislation if enacted. The legislation would gut fishery 
protections supporting thousands of fishing industry jobs, as 
well as jobs in fish processing, restaurants, docks and 
harbors, boating, equipment supply, and tourism.
    The last closure of the West Coast salmon fishery, in 2008 
and 2009, required $158 million in disaster relief from 
Congress. This bill will make another devastating closure more 
likely in order to redistribute water to large industrial 
farming operations at the expense of millions of other 
stakeholders. The State of California recently called for 
federal legislation that ``does not favor one region or 
economic sector of the state over another.'' H.R. 2898 does the 
opposite, picking one winner and millions of losers in the 
California drought.
    H.R. 2898 also ties the hands of federal water managers by 
barring emergency water releases that prevent massive fish 
kills on the Klamath River. Several tribes depend on the fish 
protected by these emergency releases for subsistence and 
ceremonial needs. Representative Raul Ruiz (D-CA) offered an 
amendment to safeguard Indian tribal water rights; this 
amendment was not agreed to.
    If enacted, this legislation would cause more legal 
uncertainty for local communities, not less. Title III would 
repeal the court-ordered, legally-binding, San Joaquin River 
Restoration Settlement Act and prohibit further federal 
participation in the San Joaquin River Settlement. Repealing 
that Act will result in a return to legal uncertainty, as well 
as possible dramatic cuts to water diversions. Water, Power and 
Oceans Subcommittee Ranking Member Jared Huffman (D-CA) offered 
an amendment to strike the repeal language to prevent the 
reopening of a settlement that ended twenty years of 
litigation; this amendment was not agreed to.
    This bill repeals the balanced environmental protections 
under the Central Valley Project Improvement Act, including 
limiting the definition of protected fish species to those 
present in 1992. This would exclude any salmon recovered as a 
part of the San Joaquin Settlement, since there were no salmon 
in the San Joaquin River in 1992.
    This legislation also sets a dangerous precedent of 
preempting state water rights, leaving other states vulnerable 
to this kind of federal infringement. California law is 
preempted in several areas, including preemption of the state's 
laws requiring restoration of the San Joaquin River and an 
override of the state's authority to determine compliance with 
its water quality standards. In an effort to ensure that state 
water rights are respected, Representative Grace Napolitano (D-
CA) offered an amendment that would prevent the preemption of 
California law; this amendment was not agreed to.
    This legislation includes numerous provisions that waive or 
weaken bedrock environmental laws, including the Endangered 
Species Act and the National Environmental Policy Act. These 
laws provide a minimal safety net for species nearing 
extinction and help ensure that environmental impacts of 
projects funded with federal dollars are fully analyzed, that a 
range of alternatives are considered, that environmental 
impacts are mitigated, and that the public have input into the 
decision-making process. This bill weakens application of these 
critical laws, and in some cases waives them entirely.
    The scope of harmful provisions included in this 
legislation is matched only by the number of necessary 
provisions left out. H.R. 2898 will not support the co-equal 
goals, as stated in the bipartisan Sacramento-San Joaquin Delta 
Reform Act of 2009, of first providing a more reliable water 
supply for California, and second protecting, restoring, and 
enhancing the overall quality of the California Bay-Delta.
    H.R. 2898 will not solve California's water problems 
through a thoughtful, science-based, stakeholder-inclusive 
process.
    H.R. 2898 will not resolve the long-standing issues on the 
San Joaquin River or provide flood protection and water supply 
projects for farmers that were approved as a part of the San 
Joaquin River Restoration Settlement Act.
    H.R. 2898 will not sustain or rebuild the salmon 
populations, which are the backbone of the West Coast salmon 
fishery and support fishermen, their livelihoods, and local 
coastal communities.
    H.R. 2898 would destroy local economies, livelihoods, and 
the environment, all to benefit special interests, and set the 
dangerous precedent of federal law overturning state water law.
    H.R. 2898 offers no real solutions and must be rejected.

                                   Raul Grijalva.
                                   Jared Huffman.
                                   Alan Lowenthal.
                                   Jared Polis.
                                   Lois Capps.
                                   Grace Napolitano.
                                   Ruben Gallego.
                                  
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