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.
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;
(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.
Sec. 3404. LIMITATION ON CONTRACTING AND CONTRACT REFORM.
(a) NEW CONTRACTS. - Except as provided in subsection (b)
of this section, the Secretary shall not enter into any new short-term,
temporary, or long-term contracts or agreements for water supply
from the Central Valley Project for any purpose other than fish
and wildlife before:
(1) the provisions of subsections 3406(b)-(d) of this title
are met;
(2) the California State Water Resources Control Board concludes
the review ordered by the California Court of Appeals in U.S.
v. State Water Resources Control Board, 182 Cal. App. 3rd 82
(1986) and determines the means of implementing its decision,
including the obligations of the Central Valley Project, if any,
and the Administrator of the Environmental Protection Agency
shall have approved such decision pursuant to existing authorities;
and,
(3) at least one hundred and twenty days shall have passed
after the Secretary provides a 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 explaining the obligations,
if any, of the Central Valley Project system, including its component
facilities and contracts, with regard to achieving its responsibilities
for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary
as finally established and approved by relevant State and Federal
authorities, and the impact of such obligations on Central Valley
Project operations, supplies, and commitments.
(b) EXCEPTIONS TO LIMIT ON NEW CONTRACTS. - The prohibition
on execution of new contracts under subsection (a) of this section
shall not apply to contracts executed pursuant to section 305
of Pub. L. 102-250 or section 206 of Pub. L. 101-514 or
to one-year contracts for delivery of surplus flood flows or
contracts not to exceed two years in length for delivery of class
II water in the Friant Unit. Notwithstanding the prohibition
in the Energy and Water Development Appropriations Act of 1990,
the Secretary is authorized, pursuant to section 203 of the Flood
Control Act of 1962, to enter into a long-term contract in accordance
with the Reclamation laws with the Tuolumne Regional Water District,
California, for the delivery of water from the New Melones project
to the county's water distribution system and a contract with
the Secretary of Veteran Affairs to provide for the delivery
in perpetuity of water from the project in quantities sufficient,
but not to exceed 850 acre-feet per year, to meet the needs of
the San Joaquin Valley National Cemetery, California.
Unreasonable impact on the water supply, operations, or financial
conditions of the transferor's contracting district or agency
or its water users.
(c) RENEWAL OF EXISTING LONG-TERM CONTRACTS. - Notwithstanding
the provisions of the Act of July 2, 1956 (70 Stat. 483), the
Secretary shall, upon request, renew any existing long-term repayment
or water service contract for the delivery of water from the
Central Valley Project for a period of 25 years and may renew
such contracts for successive periods of up to 25 years
each.
(1) No such renewals shall be authorized until appropriate
environmental review, including the preparation of the environmental
impact statement required in section 3409 of this title, has
been completed. Contracts which expire prior to the completion
of the environmental impact statement required by section 3409
may be renewed for an interim period not to exceed three years
in length, and for successive interim periods of not more than
two years in length, until the environmental impact statement
required by section 3409 has been finally completed, at which
time such interim renewal contracts shall be eligible for long-term
renewal as provided above. Such interim renewal contracts shall
be modified to comply with existing law, including provisions
of this title. With respect to all contracts renewed by the Secretary
since January 1, 1988, the Secretary shall incorporate in said
contracts a provision requiring payment of the charge mandated
in subsection 3406(c) and subsection 3407(b) of this title
and all other modifications needed to comply with existing law,
including provisions of this title. This title shall be deemed
"applicable law" as that term is used in Article 14(c)
of contracts renewed by the Secretary since January 1, 1988.
(2) Upon renewal of any long-term repayment or water service
contract providing for the delivery of water from the Central
Valley Project, the Secretary shall incorporate all requirements
imposed by existing law, including provisions of this title,
within such renewed contracts. The Secretary shall also administer
all existing, new, and renewed contracts in conformance with
the requirements and goals of this title.
(3) In order to encourage early renewal of project water contracts
and facilitate timely implementation of this title, the Secretary
shall impose on existing contractors an additional mitigation
and restoration payment of one and one-half times the annual
mitigation and restoration payment calculated under subsection
3407(d) of this title for every year starting October 1, 1997
or January 1 of the year following the year in which the environmental
impact statement required under section 3409 is completed, whichever
is sooner, and ending on the effective date of the renewed contract
payable prior to the renewal of such contract, to be covered
to the Restoration Fund; Provided, however, That this paragraph
shall not apply to contracts renewed after January 1, 1988, and
prior to the date of enactment of this title or, in the event
the environmental impact statement required by section 3409 is
not completed by October 1, 1997, to any holder of a contract
in existence on the date of enactment of this title who enters
into a binding agreement with the Secretary prior to October
1, 1997, to renew its contract immediately upon completion of
that environmental impact statement, if such contract has not
expired prior to such date.
Sec. 3405. WATER TRANSFERS, IMPROVED WATER MANAGEMENT AND CONSERVATION.
(a) WATER TRANSFERS. - 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
non-profit organization for project purposes or any purpose recognized
as beneficial under applicable State law. Except as provided
herein, the terms of such transfers shall be set by mutual agreement
between the transferee and the transferor.
(1) 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 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, 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, 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, that such transfer will have no u
(L) The Secretary shall not approve a transfer if the Secretary
determines, consistent with paragraph 3405(a)(2) of this title,
that such transfer would result in a significant reduction in
the quantity or decrease in the quality of water supplies currentlyused
for fish and wildlife purposes, unless the Secretary determines
pursuant to finding 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
countries, 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) 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 Pub. L. 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.
(3) 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, 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 water fowl 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 goals and objectives 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 on 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. s 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 U.S. 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 U.S. v. State Water Resources
Control Board, 182 Cal.App.3rd 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
800,000 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 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 U.S. 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.
(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.
(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 Plan.
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 Pub. L. 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 U.S. 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 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
title; 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,
Pub. L. 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 340,000 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 U.S. 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 $4.00 per acre-foot surcharge for
all Project water delivered on or before September 30, 1997;
a $5.00 per acre-foot surcharge for all Project water delivered
after September 30, 1997 but on or before September 30, 1999;
and a $7.00 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 120,000 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, costs, 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 steel-head
trout in tributary streams of the Sacramento and San Joaquin
Rivers, including but not limited to the Merced, Mokelumne, and
Calaveras Rivers and Battle, Butte, Deer, Elder, Mill, and Thomes
Creeks.
(f) REPORT OF 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;
(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;
(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(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, wildfish,
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 purpose identified in subsection
(b) of this section; Provided, That, if the total amount appropriated
under 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 $6.00 per acre-foot (October
1992 price levels) for agricultural water sold and delivered
by the Central Valley Project, and $12.00 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 $25.00 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 non-profit 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.
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 non-profit
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
Pub. L. 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
committee 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, 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 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.
Sec. 3409. ENVIRONMENTAL REVIEW.
Not later than three years after the date of enactment of
this title, the Secretary shall prepare and complete a programmatic
environmental impact statement pursuant to the National Environmental
Policy Act analyzing the direct and indirect impacts and benefits
of implementing this title, including all fish, wildlife, and
habitat restoration actions and the potential renewal of all
existing Central Valley Project water contracts. Such statement
shall consider impacts and benefits within the Sacramento, San
Joaquin, and Trinity River basins, and the San Francisco Bay/Sacramento-San
Joaquin River Delta Estuary. The cost of the environmental impact
statement described in this section shall be treated as a capital
expense in accordance with Reclamation law.
Sec. 3410. AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this title. Funds
appropriated under this title shall remain available until expended
without fiscal year limitation.
Sec. 3411. COMPLIANCE WITH
STATE WATER LAW AND COORDINATED OPERATIONS AGREEMENT.
(a) Notwithstanding any other provision of this title, the
Secretary shall, prior to the reallocation of water from any
purpose of use or place of use specified within applicable Central
Valley Project water rights permits and licenses to a purpose
of use or place of use not specified within said permits or licenses,
obtain a modification in those permits and licenses, in a manner
consistent with the provisions of applicable State law, to allow
such change in purpose of use or place of use.
(b) The Secretary, in the implementation of the provisions
of this title, shall fully comply with the United States' obligations
as set forth in the "Agreement Between the United States
of America 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, and
the provisions of Pub. L. 99-546; and shall take no action which
shifts an obligation that otherwise should be borne by the Central
Valley Project to any other lawful water rights permittee or
licensee.
Sec. 3412. EXTENSION OF THE
TEHAMA-COLUSA CANAL SERVICE AREA.
The first paragraph of section 2 of the Act of September
26, 1950 (64 Stat. 1036), as amended by the Act of August 19,
1967 (81 Stat. 167), and the Act of December 22, 1980 (94 Stat.
3339), authorizing the Sacramento Valley Irrigation Canals, Central
Valley Project, California, is further amended by striking "Tehama,
Glenn, and Colusa Counties, and those portions of Yolo County
within the boundaries of the Colusa County, Dunnigan, and Yolo-Zamora
water districts or" and inserting "Tehama, Glenn, Colusa,
Solano, and Napa Counties, those portions of Yolo County within
the boundaries of Colusa Water District, Dunnigan Water-District,
Yolo-Zamora Water District, and Yolo County Flood Control and
Water Conservation District, or".
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