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 123STA T . 133 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(iv)OPERATION AN DM AINTENAN C ECO S TS .—Theno n -F e d e rals hare o ft he c ostofo p eratin g and m aintaining an y infrastr u cture improvement that is the su bj ect of a grant or other agreement entered into bet w een the S ecretary and an eligible applicant under paragraph ( 1 )shallbe1 0 0 percent. (F) L IA B I L IT Y .— (i) I N G ENERAL.— Ex cept as provided under chapter 1 7 1 of title 28,U nited States C ode (commonly k nown as the ‘ ‘Federal Tort Claims A ct ’ ’), the United States shall not be liable for monetary damages of any kind for any injury arising out of an act, omission, or occur- rence that arises in relation to any facility created or improved under this section, the title of which is not held by the United States. (ii) TORT CLAIMS ACT.— N othing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’). (b) R ESEARC H AGREEMENTS.— (1) A U THORITY O F SECRETARY.—The Secretary may enter into 1 or more agreements with any university, nonprofit research institution, or organi z ation with water or power delivery authority to fund any research activity that is designed— (A) to conserve water resources ( B ) to increase the efficiency of the use of water resources; or (C) to enhance the management of water resources, including increasing the use of renewable energy in the management and delivery of water. (2) TERMS AND CONDITIONS OF SECRETARY.— (A) IN GENERAL.—An agreement entered into between the Secretary and any university, institution, or organiza- tion described in paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate. (B) A V AILABILITY.—The agreements under this sub- section shall be available to all Reclamation projects and programs that may benefit from project-specific or pro- grammatic cooperative research and development. (c) M UTUAL BENEFIT.— G rants or other agreements made under this section may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the coopera- tive agreement. (d) RELATIONSHIP TO P RO J ECT-SPECIFIC AUTHORITY.—This sec- tion shall not supersede any existing project-specific funding authority. (e) AUTHORI Z ATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $ 200,000,000, to remain available until expended. SEC.950 5. HYDRO E L EC T R I C P O W ER A SSESS M E N T. (a) D UTY OF SECRETARY OF ENERGY.—The Secretary of Energy, in consultation with the Administrator of each Federal Power Mar- keting Administration, shall assess each effect of, and risk resulting from, global climate change with respect to water supplies that 42USC10365.


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 123STA T . 133 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9are re qui re dfo r th e g e n eration of h y droe l e c tric p o w er at each F ederal water pro j ect that i s applica b le to a Federal P ower M ar -k eting A d m inistration .( b ) A C C ES S TO A P P R OPR IA TE D ATA. — ( 1 ) ING ENERA L .—In carrying out each assessment under subsection (a) , the S ecretary of E nergy shall consult with the U nited States G eological Sur v ey, the N ational O ceanic and Atmospheric Administration, the program, and each appro- priate State water resource agency, to ensure that the Secretary of Energy has access to the best available scientific information with respect to presently observed impacts and projected future impacts of global climate change on water supplies that are used to produce hydroelectric power. ( 2 ) ACCESS TO D ATA F OR CERTAIN ASSESS M ENTS.—In car- rying out each assessment under subsection (a), with respect to the B onneville Power Administration and the W estern Area Power Administration, the Secretary of Energy shall consult with the C ommissioner to access data and other information that— (A) is collected by the Commissioner and (B) the Secretary of Energy determines to be necessary for the conduct of the assessment. (c) R EPORT.—Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Energy shall submit to the appropriate committees of Congress a report that describes— (1) each effect of, and risk resulting from, global climate change with respect to— (A) water supplies used for hydroelectric power genera- tion; and (B) power supplies marketed by each Federal Power Marketing Administration, pursuant to— (i) long-term power contracts; (ii) contingent capacity contracts; and (iii) short-term sales; and (2) each recommendation of the Administrator of each Fed- eral Power Marketing Administration relating to any change in any operation or contracting practice of each Federal Power Marketing Administration to address each effect and risk described in paragraph (1), including the use of purchased power to meet long-term commitments of each Federal Power Marketing Administration. (d) A U T H ORIT Y .— T he Secretary of Energy may enter into con- tracts, grants, or other agreements with appropriate entities to carry out this section. (e) COSTS.— (1) NONREIM B URSABLE.—Any costs incurred by the Sec- retary of Energy in carrying out this section shall be nonreim- bursable. (2) PMA COSTS.—Each Federal Power Marketing Adminis- tration shall incur costs in carrying out this section only to the e x tent that appropriated funds are provided by the Sec- retary of Energy for that purpose. (f) AUTHORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2 0 0 9 through 202 3, to remain avail- able until expended. Consulta t i on .

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 123STA T . 133 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.9506 . C LIMAT EC H A NG EAN DW ATE R INTRAG OV ERNMENTAL P ANEL. (a)ESTABLI S HMEN T .—TheS e cr e t ar y a nd the A d mi ni s trat o r sha l l esta b lish and lead a climate chan g e and w ater intrago v ernmental p anel— ( 1 ) to review the c u rrent scienti f ic understanding of each impact of global climate change on the q uantity and quality of freshwater resources of the U nited States and ( 2 ) to develop any strategy that the panel determines to be necessary to improve observational capabilities , e x pand data acquisition, or ta k e other actions— (A) to increase the reliability and accuracy of modeling and prediction systems to benefit water managers at the F ederal, State, and local levels; and ( B ) to increase the understanding of the impacts of climate change on aquatic ecosystems. (b) M EMBE R SHI P .—The panel shall be comprised of— (1) the Secretary; (2) the D irector; ( 3 ) the Administrator; ( 4 ) the Secretary of Agriculture (acting through the Under Secretary for N atural R esources and Environment); ( 5 ) the C ommissioner; ( 6 ) the Secretary of the Army, acting through the Chief of Engineers; ( 7 ) the Administrator of the Environmental P rotection Agency; and ( 8 ) the Secretary of Energy. (c) RE V IE W ELEMENTS.— I n conducting the review and devel - oping the strategy under subsection (a), the panel shall consult with State water resource agencies, the Advisory Committee, drinking water utilities, water research organi z ations, and relevant water user, environmental, and other nongovernmental organiza- tions— (1) to assess the extent to which the conduct of measures of streamflow, groundwater levels, soil moisture, evapotranspiration rates, evaporation rates, snowpack levels, precipitation amounts, flood risk, and glacier mass is necessary to improve the understanding of the Federal G overnment and the States with respect to each impact of global climate change on water resources; (2) to identify data gaps in current water monitoring net- works that must be addressed to improve the capability of the Federal Government and the States to measure, analyze, and predict changes to the quality and quantity of water resources, including flood risks, that are directly or indirectly affected by global climate change; (3) to establish data management and communication protocols and standards to increase the quality and efficiency by which each Federal agency acquires and reports relevant data; (4) to consider options for the establishment of a data portal to enhance access to water resource data— (A) relating to each nationally significant freshwater watershed and aquifer located in the United States; and (B) that is collected by each Federal agency and any other public or private entity for each nationally significant Procedu re s.Stan dards. C onsu l tat i on. 42U SC 1036 6.


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 123STA T . 133 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 freshwat er watershe d a n da qui fer loc ated in the U nited S tates to facilitate the de v elo pm entofh y drolo g ic and other models to integrate data that reflects groundwater and surface water interactions; and ( 6 ) to apply the hydrologic and other models developed under paragraph (5) to water resource management pro b lems identified by the panel , including the need to maintain or improve ecological resiliency at watershed and aquifer system scales . (d) REPORT . —N ot later than 2 years after the date of enactment of this A ct, the Secretary shall submit to the appropriate committees of C ongress a report that describes the review conducted, and the strategy developed, by the panel under subsection (a). (e) D E M O NS TR A T I ON, RESEAR CH ,AN DM ETHODO L O GY DE V ELOP - MENT P RO J ECTS.— ( 1 )A U THORITY O F SECRETARY.— T he Secretary, in consulta- tion with the panel and the Advisory Committee, may provide grants to, or enter into any contract, cooperative agreement, interagency agreement, or other transaction with, an appro- priate entity to carry out any demonstration, research, or meth- odology development pro j ect that the Secretary determines to be necessary to assist in the implementation of the strategy developed by the panel under subsection (a)(2). (2) RE Q UIREMENTS.— (A) MA X IMUM AMOUNT OF FEDERAL SHARE.—The F ed- eral share of the cost of any demonstration, research, or methodology development project that is the subject of any grant, contract, cooperative agreement, interagency agreement, or other transaction entered into between the Secretary and an appropriate entity under paragraph (1) shall not e x ceed $ 1, 0 00,000. ( B ) REPORT.—An appropriate entity that receives funds from a grant, contract, cooperative agreement, interagency agreement, or other transaction entered into between the Secretary and the appropriate entity under paragraph (1) shall submit to the Secretary a report describing the results of the demonstration, research, or methodology develop- ment project conducted by the appropriate entity. (f) AUTHORI Z ATION OF APPROPRIATIONS.— (1) I N GENERAL.—There is authori z ed to be appropriated to carry out subsections (a) through (d) $2,000,000 for each of fiscal years 200 9 through 2011, to remain available until expended. (2) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOPMENT PROJECTS.—There is authorized to be appro- priated to carry out subsection (e) $10,000,000 for the period of fiscal years 2009 through 201 3, to remain available until expended. SEC.9507 . WAT E RD ATA E NH ANCE M ENT BYU N I TED STATES G E OL OGICAL SUR V EY. (a) NATIONAL STREAMFLO W INFORMATION PROGRAM.— (1) IN GENERAL.—The Secretary, in consultation with the Advisory Committee and the Panel and consistent with this section, shall proceed with implementation of the national 42USC10367.
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 123STA T . 13 40PUBLIC LA W 111 – 11 —M A R .30, 200 9streamflowin formation p ro g ram , as re v iewe dby t h e N ational R esear c h C o u ncil in 20 0 4.( 2 ) R EQUIR E M E NTS . —I n conducting the national streamflow information program, the S ecretary shall— ( A ) measure streamflow and related environmental variables in nationally significant watersheds— (i) in a reliable and continuous manner and (ii) to develop a comprehensive source of informa - tion on which public and private decisions relating to the management of water resources may be based; ( B ) provide for a better understanding of hydrologic e x tremes (including floods and droughts) through the con- duct of intensive data collection activities during and fol- lowing hydrologic extremes; (C) establish a base networ k that provides resources that are necessary for— (i) the monitoring of long-term changes in streamflow; and (ii) the conduct of assessments to determine the extent to which each long-term change monitored under clause (i) is related to global climate change; ( D ) integrate the national streamflow information pro- gram with data collection activities of F ederal agencies and appropriate State water resource agencies (including the National Integrated Drought Information System)— (i) to enhance the comprehensive understanding of water availability; (ii) to improve flood-ha z ard assessments; (iii) to identify any data gap with respect to water resources; and (iv) to improve hydrologic forecasting; and ( E ) incorporate principles of adaptive management in the conduct of periodic reviews of information collected under the national streamflow information program to assess whether the ob j ectives of the national streamflow information program are being ade q uately addressed. ( 3 )IM P R OV E D MET H ODO L O G IES.— T he Secretary shall— (A) improve methodologies relating to the analysis and delivery of data; and (B) investigate, develop, and implement new meth- odologies and technologies to estimate or measure streamflow in a more cost-efficient manner. (4) NET W OR K ENH A N C EMENT.— (A) IN GENERAL.—Not later than 1 0 years after the date of enactment of this Act, in accordance with subpara- graph (B), the Secretary shall— (i) increase the number of streamgages funded by the national streamflow information program to a quantity of not less than 4, 7 00 sites; and (ii) ensure all streamgages are flood-hardened and equipped with water-quality sensors and modernized telemetry. (B) REQUIREMENTS O F SITES.—Each site described in subparagraph (A) shall conform with the National Streamflow Information P rogram plan as reviewed by the National Research Council. Deadlin e .B a s ene twork .


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 123STA T . 13 4 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(5)FED E RALSH ARE .—The Fe d e rals hare oft he n at i onal strea mg aging net w or k esta b lished pu rsuant to this subse c tion shall be 10 0 percent of the cost of carr y ing out the national streamgaging network. ( 6 ) AUT H O R IZ ATIO N O F A P PROPRIATIONS.— (A) I N G ENERAL.— Ex cept as pro v ided in subparagraph ( B ) , there are authori z ed to be appropriated such sums as are necessary to operate the national streamflow information program for the period of fiscal years 2 00 9 through 202 3, to remain available until expended. (B) N ET W OR K ENHAN C E M ENT FUNDING.—There is authorized to be appropriated to carry out the network enhancements described in paragraph ( 4 ) $ 10,000,000 for each of fiscal years 2009 through 2019, to remain available until expended. (b) NATIONAL G ROUNDWATER R ESOURCES M ONITORING.— (1) IN GENERAL.—The S ecretary shall develop a systematic groundwater monitoring program for each ma j ora q uifer system located in the U nited States. (2) P ROGRAM ELEMENTS.—In developing the monitoring pro - gram described in paragraph (1), the Secretary shall— (A) establish appropriate criteria for monitoring wells to ensure the acquisition of long-term, high-quality data sets, including, to the maximum extent possible, the inclu- sion of real-time instrumentation and reporting (B) in coordination with the Advisory C ommittee and State and local water resource agencies— (i) assess the current scope of groundwater moni- toring based on the access availability and capability of each monitoring well in existence as of the date of enactment of this Act; and (ii) develop and carry out a monitoring plan that maximizes coverage for each major aquifer system that is located in the United States; and (C) prior to initiating any specific monitoring activities within a State after the date of enactment of this Act, consult and coordinate with the applicable State water resource agency with jurisdiction over the aquifer that is the subject of the monitoring activities, and comply with all applicable laws (including regulations) of the State. (3) PROGRAM O BJ ECTI V ES.—In carrying out the monitoring program described in paragraph (1), the Secretary shall— (A) provide data that is necessary for the improvement of understanding with respect to surface water and ground- water interactions; (B) by expanding the network of monitoring wells to reach each climate division, support the groundwater cli- mate response network to improve the understanding of the effects of global climate change on groundwater recharge and availability; and (C) support the objectives of the assessment program. (4) IMPROVED METHODOLOGIES.—The Secretary shall— (A) improve methodologies relating to the analysis and delivery of data; and Consulta t i on .M onito r in gp lan. A ss e ss m ent. Criteria.


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 123STA T . 13 4 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)invest i ga te ,d eve lop , andi m plement ne w met h- odologies and te c hnologies to estimate o r meas u re ground- water recharge, discharge, and storage in a more cost- e f ficient manner . ( 5 ) FED E RALSH ARE. —T he Federal share of the monitoring program descri b ed in paragraph ( 1 )ma y be1 0 0 percent of the cost of carrying out the monitoring program. ( 6 ) P R IO RI TY .— I n selecting monitoring activities consistent with the monitoring program described in paragraph (1), the S ecretary shall give priority to those activities for which a State or local governmental entity agrees to provide for a substantial share of the cost of establishing or operating a monitoring well or other measuring device to carry out a moni- toring activity. ( 7 ) AU THORI Z ATIO N O F A P PROPRIATIONS.—There are author- i z ed to be appropriated such sums as are necessary to carry out this subsection for the period of fiscal years 2 00 9 through 202 3, to remain available until e x pended. (c) BRA CK ISH G ROUND W ATER ASSESS M ENT.— (1) STUDY.—The Secretary, in consultation with State and local water resource agencies, shall conduct a study of available data and other relevant information— (A) to identify significant brac k ish groundwater resources located in the U nited States and (B) to consolidate any available data relating to each groundwater resource identified under subparagraph (A). (2) R EPORT.— N ot later than 2 years after the date of enact- ment of this Act, the Secretary shall submit to the appropriate committees of C ongress a report that includes— (A) a description of each— (i) significant brackish a q uifer that is located in the United States (including 1 or more maps of each significant brackish aquifer that is located in the United States); (ii) data gap that is required to be addressed to fully characterize each brackish aquifer described in clause (i); and (iii) current use of brackish groundwater that is supplied by each brackish aquifer described in clause (i); and (B) a summary of the information available as of the date of enactment of this Act with respect to each brackish aquifer described in subparagraph (A)(i) (including the known level of total dissolved solids in each brackish aquifer). (3) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this subsection $ 3,000,000 for the period of fiscal years 2009 through 2011, to remain available until expended. (d) IMPRO V ED W ATER E STIMATION, M EASUREMENT, AND MONI- TORIN G TECHNOLOGIES.— (1) AUTHORITY OF SECRETARY.—The Secretary may provide grants on a nonreimbursable basis to appropriate entities with expertise in water resource data acquisition and reporting, including Federal agencies, the Water Resources Research Institutes and other academic institutions, and private entities, to—


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 123STA T . 13 4 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)invest i ga te ,d eve lop , andi m plement ne w met h- odologies and te c hnologies to estimate o r meas u re water resources data in a cost-e f ficient manner and ( B ) improve methodologies relating to the anal y sis and delivery of data . ( 2 ) PRIO RI TY . —I n providing grants to appropriate entities under paragraph ( 1 ), the S ecretary shall give priority to appro- priate entities that propose the development of new methods and technologies for— (A) predicting and measuring streamflows; (B) estimating changes in the storage of groundwater; ( C ) improving data standards and methods of analysis (including the validation of data entered into geographic information system data b ases); ( D ) measuring precipitation and potential evapotranspiration; and ( E ) water withdrawals, return flows, and consumptive use. ( 3 )P A RT NE R SH I P S.—In recognition of the value of collabora- tion to foster innovation and enhance research and development efforts, the Secretary shall encourage partnerships, including public-private partnerships, between and among F ederal agen- cies, academic institutions, and private entities to promote the ob j ectives described in paragraph (1). ( 4 )A U THORI Z ATION O F APPROPRIATIONS.— T here is author- i z ed to be appropriated to carry out this subsection $5, 0 00,000 for each of fiscal years 200 9 through 2019. SEC.9508 . NATIO NA LW ATE R A V AILA B ILIT Y AN DU SE ASSESS M ENT P RO G RAM. (a) ESTA BL ISH M ENT.—The Secretary, in coordination with the Advisory Committee and State and local water resource agencies, shall establish a national assessment program to be k nown as the ‘ ‘national water availability and use assessment program ’ ’— (1) to provide a more accurate assessment of the status of the water resources of the U nited States; (2) to assist in the determination of the q uantity of water that is available for beneficial uses; (3) to assist in the determination of the quality of the water resources of the United States; (4) to identify long-term trends in water availability; (5) to use each long-term trend described in paragraph (4) to provide a more accurate assessment of the change in the availability of water in the United States; and ( 6 ) to develop the basis for an improved ability to forecast the availability of water for future economic, energy production, and environmental uses. (b) PRO G RAM ELEMENTS.— (1) W ATER USE.—In carrying out the assessment program, the Secretary shall conduct any appropriate activity to carry out an ongoing assessment of water use in hydrologic accounting units and major aquifer systems located in the United States, including— (A) the maintenance of a comprehensive national water use inventory to enhance the level of understanding with respect to the effects of spatial and temporal patterns of 42USC10368.


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 123STA T . 13 4 4 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9waterus e on t h ea v a il a b ilit y an d sustainable use o f water resour c es the incor p oration of water use science principles , with an e m phasis on applied research and statistical esti - mation techni q ues in the assessment of water use; ( C ) the inte g ration of any dataset maintained by any other F ederal or S tate agency into the dataset maintained by the Secretary; and ( D ) a focus on the scientific integration of any data relating to water use, water flow, or water quality to gen- erate relevant information relating to the impact of human activity on water and ecological resources . ( 2 ) WATER A V A IL A B ILIT Y . —I n carrying out the assessment program, the Secretary shall conduct an ongoing assessment of water availability by— ( A ) developing and evaluating nationally consistent indicators that reflect each status and trend relating to the availability of water resources in the U nited States, including— (i) surface water indicators, such as streamflow and surface water storage measures (including la k es, reservoirs, perennial snowfields, and glaciers); (ii) groundwater indicators, including groundwater level measurements and changes in groundwater levels due to— (I) natural recharge; (II) withdrawals; (III) saltwater intrusion; (I V ) mine dewatering; (V) land drainage; (VI) artificial recharge; and (VII) other relevant factors, as determined by the Secretary; and (iii) impaired surface water and groundwater sup- plies that are known, accessible, and used to meet ongoing water demands; (B) maintaining a national database of water avail- ability data that— (i) is comprised of maps, reports, and other forms of interpreted data; (ii) provides electronic access to the archived data of the national database; and (iii) provides for real-time data collection; and (C) developing and applying predictive modeling tools that integrate groundwater, surface water, and ecological systems. (c) G RA N T P R OG RA M .— ( 1 )A U T H ORITY O FS E C RETARY.— T he Secretary may provide grants to State water resource agencies to assist State water resource agencies in— (A) developing water use and availability datasets that are integrated with each appropriate dataset developed or maintained by the Secretary; or (B) integrating any water use or water availability dataset of the State water resource agency into each appro- priate dataset developed or maintained by the Secretary. As s e ss m e nt.
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text: Dictionary of National Biography, 1885-1900/Montgomery, Hugh


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 123STA T . 13 45PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)CRITE RI A.—Tobe e lig ible t o r e c ei v e a gra n t u n d er p ara - grap h ( 1 ), a S tate w ater re s ource agenc y shall de m onstrate to the Secretary that the water use and availability dataset proposed to be established or integrated by the State water resource agency— ( A ) is in compliance with each q uality and con f ormity standard established by the Secretary to ensure that the data will be capable of integration with any national dataset and ( B ) will enhance the ability of the officials of the State or the State water resource agency to carry out each water management and regulatory responsibility of the officials of the State in accordance with each applicable law of the State. ( 3 ) M A X I MU MAM O U N T.—The amount of a grant provided to a State water resource agency under paragraph (1) shall be an amount not more than $ 2 50 ,000. (d) R E P ORT.— N ot later than D ecember 31, 2012, and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that provides a detailed assessment of— (1) the current availability of water resources in the U nited States, including— (A) historic trends and annual updates of river basin inflows and outflows; (B) surface water storage; (C) groundwater reserves; and (D) estimates of undeveloped potential resources (including saline and brac k ish water and wastewater); (2) significant trends affecting water availability, including each documented or pro j ected impact to the availability of water as a result of global climate change; (3) the withdrawal and use of surface water and ground- water by various sectors, including— (A) the agricultural sector; (B) municipalities; (C) the industrial sector; (D) thermoelectric power generators; and ( E ) hydroelectric power generators; ( 4 ) significant trends relating to each water use sector, including significant changes in water use due to the develop- ment of new energy supplies; (5) significant water use conflicts or shortages that have occurred or are occurring; and ( 6 ) each factor that has caused, or is causing, a conflict or shortage described in paragraph (5). (e) AUT H ORI Z ATION O F APPROPRIATION S .— (1) I N G ENERA L .—There is authori z ed to be appropriated to carry out subsections (a), (b), and (d) $20,000,000 for each of fiscal years 200 9 through 2023, to remain available until e x pended. (2) G RANT PROGRAM.—There is authorized to be appro- priated to carry out subsection (c) $12,500,000 for the period of fiscal years 2009 through 2013, to remain available until expended.


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 123STA T . 13 46PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.950 9. R ESE A RC H A G REE M E NT A U TH O R I T Y . TheS e cr e ta r ym aye n ter i nt o contract s,g rants, or coo p erati v e agreements, f or perio d snottoe x ceed 5 years, to carry o u t research w ithin the B ureau of R ec l amation . SEC. 95 1 0.E F FECT. ( a )INGE NE RAL . —N othing in this su b title supersedes or limits any existing authority provided, or responsibility conferred, by any provision of law. (b) EF FE CTO N STATE W ATER L A W .— ( 1 )IN G ENERAL.—Nothing in this subtitle preempts or affects any— ( A ) State water law or (B) interstate compact governing water. ( 2 ) C O MP L I ANCE RE QU IRE D .—The Secretary shall comply with applicable State water laws in carrying out this subtitle. Subti t leG—Ag i n g I n fras tru c ture SEC. 9 6 01 D EFINITIONS. In this subtitle (1) IN S PECTION.—The term ‘ ‘inspection ’ ’ means an inspec - tion of a pro j ect facility carried out by the Secretary— (A) to assess and determine the general condition of the project facility; and (B) to estimate the value of property, and the si z e of the population, that would be at ris k if the project facility fails, is breached, or otherwise allows flooding to occur. (2) P RO J ECT FACILIT Y .—The term ‘‘project facility’’ means any part or incidental feature of a project, excluding high- and significant-hazard dams, constructed under the F ederal reclamation law (the Act of J une 1 7 ,1 90 2( 3 2 Stat. 3 8 8, chapter 1093), and Acts supplemental to and amendatory of that Act ( 4 3 U .S.C. 371 et se q .). (3) RESER V ED WOR K S.—The term ‘‘reserved works’’ mean any project facility at which the Secretary carries out the operation and maintenance of the project facility. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of Reclama- tion. (5) TRANSFERRED WORKS.—The term ‘‘transferred works’’ means a project facility, the operation and maintenance of which is carried out by a non-Federal entity, under the provi- sions of a formal operation and maintenance transfer contract. ( 6 ) TRANSFERRED WORKS OPERATING ENTITY.—The term ‘‘transferred works operating entity’’ means the organization which is contractually responsible for operation and mainte- nance of transferred works. (7) E X TRAORDINARY OPERATION AND MAINTENANCE WORK.— The term ‘‘extraordinary operation and maintenance work’’ means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is— (A) intended to ensure the continued safe, dependable, and reliable delivery of authorized project benefits; and 43USC510. 4 2 USC 103 7 0. 42 USC 103 69.


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 123STA T . 13 47PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)great ert h a n10p er c ent of the contractor ’s or the transferre dw or k s operat i ng entit y ’s ann u a l operation and m aintenance b udget for the facility , or greater than $ 100,000 .SEC.9602 . GUID E L I N ES A ND INS P EC T I O NO F P R O J ECT FACILITIES AND TEC H NICAL ASSISTANCE TO TRANSFERRED W OR K S OPERATING ENTITIES. (a) GUIDEL I N E SA ND I NS P E CT I O NS. — (1) D E V ELOP M ENT O FG UIDELINES.— N ot later than 1 year after the date of enactment of this A ct, the S ecretary in con - sultation with transferred works operating entities shall de v elop, consistent with e x isting transfer contracts, specific inspection guidelines for pro j ect facilities which are in proximity to urbani z ed areas and which could pose a risk to public safety or property damage if such project facilities were to fail. ( 2 ) C ONDUCT OF INSPECTIONS.—Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct inspections of those project facilities, which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such facilities were to fail, using such specific inspection guidelines and criteria developed pursuant to paragraph (1). In selecting project facilities to inspect, the Secretary shall take into account the potential magnitude of public safety and economic damage posed by each project facility. (3) TR EATMENT OF COSTS.—The costs incurred by the Sec- retary in conducting these inspections shall be nonreimburs- able. (b) U SE OF INSPECTION DATA.—The Secretary shall use the data collected through the conduct of the inspections under sub- section (a)(2) to— (1) provide recommendations to the transferred works oper- ating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modi- fications to those transferred works (2) determine an appropriate inspection fre q uency for such nondam project facilities which shall not exceed 6 years; and (3) provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding potential hazards posed by existing or proposed resi- dential, commercial, industrial or public-use development adja- cent to project facilities. (c) TEC H NICAL ASSISTANCE TO TRANSFERRED W OR K S O PERATING E NTITIES.— (1) AUTHORIT Y OF SECRETARY TO PROVIDE TECHNICAL ASSISTANCE.—The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urban- ized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts (A) Development of documented operating procedures for a project facility. (B) Development of documented emergency notification and response procedures for a project facility. (C) Development of facility inspection criteria for a project facility. Det e rmina ti o n .R e c ommen d a - tion s . Dead l ines. 43USC510 a.


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 123STA T . 13 48PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(D) D ev e lopm e nt o fa t r a i nin g program on operation an d maintenan c ere qu irement s and practices for a pro j ect facilit y for a transferred w or k s operating entity ’ s workforce . ( E ) Development of a pu b lic outreac h plan on the oper - ation and risks associated with a project facility. ( F ) Development of any other plans or documentation which , in the judgment of the S ecretary, will contribute to public safety and the sage operation of a project facility. ( 2 ) COST S. —T he Secretary is authori z ed to provide, on a non-reimbursable basis, up to 50 percent of the cost of such technical assistance, with the balance of such costs being advanced by the transferred works operating entity or other non-Federal source. The non-Federal 50 percent minimum cost share for such technical assistance may be in the form of in-lieu contributions of resources by the transferred works oper- ating entity or other non-Federal source. SEC.9603 . E XTRAO R DIN AR Y O P ERATION AND M AINTENANCE W OR K PER F ORMED B YT H E SECRETARY. (a) INGE NE RAL .—The Secretary or the transferred works oper- ating entity may carry out, in accordance with subsection (b) and consistent with e x isting transfer contracts, any extraordinary oper- ation and maintenance work on a project facility that the Secretary determines to be reasonably required to preserve the structural safety of the project facility. (b) R E IMBU RSEMENT O F COSTS A RISIN G FROM E X TRAOR D INAR YOP ERATION AND M AINTENAN C E W OR K .— ( 1 ) TREATMENT OF COSTS.—For reserved works, costs incurred by the Secretary in conducting extraordinary operation and maintenance work will be allocated to the authorized reimbursable purposes of the project and shall be repaid within 50 years, with interest, from the year in which work undertaken pursuant to this subtitle is substantially complete. (2) AUT H ORITY OF SECRETARY.—For transferred works, the Secretary is authorized to advance the costs incurred by the transferred works operating entity in conducting extraordinary operation and maintenance work and negotiate appropriate 50-year repayment contracts with project beneficiaries pro- viding for the return of reimbursable costs, with interest, under this subsection
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rovided, however, That no contract entered into pursuant to this subtitle shall be deemed to be a new or amended contract for the purposes of section 20 3 (a) of the Reclamation Reform Act of 1 98 2( 4 3 U .S.C. 390cc(a)). (3) DETERMINATION OF INTEREST RATE.—The interest rate used for computing interest on work in progress and interest on the unpaid balance of the reimbursable costs of extraor- dinary operation and maintenance work authorized by this subtitle shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which extraordinary operation and maintenance work is commenced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest 1⁄8 of 1 percent on the unamortized balance of any portion of the loan. (c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— Contrac t s.43US C 510b .


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 123STA T . 13 49PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (1)INGE NE RAL.—TheS e cr e ta r yo r the tra nsf erre dw or k s o p erat i n g entity sha l l carry o u tanye m ergency e x traordinary operation and maintenance work on a pro j ect facility that the Secretary determines to b e necessary to minimi z e the risk of imminent harm to public health or safety , or property. ( 2 ) R E IMBU R S EMEN T .—The Secretary may ad v ance funds for emergency extraordinary operation and maintenance work and shall seek reimbursement from the transferred works oper - ating entity or benefitting entity upon receiving a written assur- ance from the governing body of such entity that it will nego- tiate a contract pursuant to section 9603 for repayment of costs incurred by the Secretary in undertaking such work. (3) F UN D ING.—If the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) re q uires extraordinary operation and maintenance pursuant to paragraph (1), the Sec- retary may provide Federal funds on a nonreimbursable basis sufficient to cover 3 5 percent of the cost of the extraordinary operation and maintenance allocable to the transferred works operating entity, which is needed to minimize the risk of imminent harm. The remaining share of the Federal funds advanced by the Secretary for such work shall be repaid under subsection (b). SEC.9604 . R E LATION S H I P TOT W ENT Y-F IRST CENT U RY WATER WOR K S ACT. N othing in this subtitle shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-First C entury W ater Works A ct( 4 3 U .S.C. 2401 et seq.). SEC. 960 5 . AUTHORI Z ATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. TI T LEX—WA TE RS ETTLE M E N TS S ubti t le A—S anJo a q uin Ri v e r Re s toration Settle m ent PARTI—S A NJO A QU IN RI VE R RESTORATION SETT L E M ENT A C T SEC. 1 0001. SHORT TITLE. This part may be cited as the ‘ ‘San J oaquin River Restoration Settlement Act ’ ’. SEC. 1000 2 . PURPOSE. The purpose of this part is to authorize implementation of the Settlement. SEC. 1000 3 . D EFINITIONS. In this part (1) The terms ‘‘Friant D ivision long-term contractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water SanJo a qui n R i ver Re st oration Sett l e m ent Ac t .C ali f ornia. 43U SC 510d . 43 USC 510c.


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 123STA T . 13 50PUBLIC LA W 111 – 11 —M A R .30, 200 9Ac c ount’ ’ ,‘ ‘ Res to ra t i on G oa l ’’, an d ‘‘ W ater M ana g e m ent Goal’’ h a v e the meanings given the terms in the S ettlement .(2)T he term ‘‘Secretar y ’’ means the Secretary o f the I nterior. ( 3 ) The term ‘‘Settlement’’ means the Sti p ulation of Settle - ment dated Septem b er 1 3,2 0 0 6, in the litigation entitled N at- ural Resources D efense C ouncil, et al. v. K ir k Rodgers, et al., U nited States District Court, E astern District of California, No. CI V .S –8 8–16 5 8– L KK / GG H . SEC.10 00 4 . IMPL EME NTA TI O NO F SETTLEMENT. (a) I N G E NE RAL . — The Secretary of the Interior is hereby authori z ed and directed to implement the terms and conditions of the Settlement in cooperation w ith the State of California, including the following measures as these measures are prescribed in the Settlement (1) Design and construct channel and structural improve- ments as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or fund any such improvements to facilities or property of the State of California without the approval of the State of California and the State’s agreement in 1 or more memoranda of understanding to partici- pate where appropriate. (2) Modify F riant Dam operations so as to provide Restora- tion Flows and Interim Flows. (3) Ac q uire water, water rights, or options to acquire water as described in paragraph 13 of the Settlement, provided, how- ever, such acquisitions shall only be made from willing sellers and not through eminent domain. ( 4 ) Implement the terms and conditions of paragraph 16 of the Settlement related to recirculation, recapture, reuse, e x change, or transfer of water released for Restoration Flows or Interim Flows, for the purpose of accomplishing the Water Management Goal of the Settlement, sub j ect to— (A) applicable provisions of California water law ( B ) the Secretary’s use of Central Valley P roject facili- ties to make Project water (other than water released from Friant Dam pursuant to the Settlement) and water acquired through transfers available to existing south-of- Delta Central Valley Project contractors; and (C) the Secretary’s performance of the Agreement of November 24, 1 9 86, between the United States of America and the Department of Water Resources of the State of California for the coordinated operation of the Central Valley Project and the State Water Project as authorized by Congress in section 2(d) of the Act of August 26, 193 7 (50 Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said Agreement. (5) Develop and implement the Recovered Water Account as specified in paragraph 16(b) of the Settlement, including the pricing and payment crediting provisions described in para- graph 16(b)(3) of the Settlement, provided that all other provi- sions of Federal reclamation law shall remain applicable. (b) A G REE M EN TS .— (1) AGREEMENTS WI T H THE STATE.—In order to facilitate or expedite implementation of the Settlement, the Secretary Memorandu m .


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 123STA T . 13 5 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9isauthor i zed a n d dire c ted to enter into a p propriate a g ree m ents , inc l uding cost - sharing agreements, w ith the S tate o fC alifornia .(2)OTHERAG REE M E N T S . —T he Secretar y is authorized to enter into contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements with State, tri b al, and local go v ern- mental agencies, and with private parties, including agreements related to construction, improvement, and operation and maintenance of facilities, sub j ect to any terms and conditions that the Secretary deems necessary to achieve the purposes of the Settlement. (c) AC CE P TANCE AN DEX PEND I T U RE OFN ON- F EDERA L FUNDS.— The Secretary is authorized to accept and e x pend non-Federal funds in order to facilitate implementation of the Settlement. (d) M ITIGATION OF I MPACTS.— P rior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement the Settlement, the Secretary shall identify— ( 1 ) the impacts associated with such actions and (2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users and land- owners. (e) D ESIGN AND ENGINEERING STUDIES.—The Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement. (f) EFFECT ON CONTRACT W ATER ALLOCATIONS.—Except as otherwise provided in this section, the implementation of the Settle- ment and the reintroduction of California Central V alley Spring R un Chinoo k salmon pursuant to the Settlement and section 1 0 011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, other than Friant Division long-term contractors. (g) EFFECT ON EXISTING WATER CONTRACTS.—Except as pro- vided in the Settlement and this part, nothing in this part shall modify or amend the rights and obligations of the parties to any existing water service, repayment, purchase, or exchange contract. (h) INTERIM FLO W S.— (1) STUD Y RE Q UIRED.—Prior to releasing any Interim Flows under the Settlement, the Secretary shall prepare an analysis in compliance with the National Environmental Policy Act of 1 96 9( 4 2 U .S.C. 4 3 21etse q .), including at a minimum— (A) an analysis of channel conveyance capacities and potential for levee or groundwater seepage; ( B ) a description of the associated seepage monitoring program; (C) an evaluation of— (i) possible impacts associated with the release of Interim Flows; and (ii) mitigation measures for those impacts that are determined to be significant; (D) a description of the associated flow monitoring program; and (E) an analysis of the likely Federal costs, if any, of any fish screens, fish bypass facilities, fish salvage facili- ties, and related operations on the San J oaquin River south of the confluence with the Merced River required under Analysi s .


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 123STA T . 13 5 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theEnda n g e r ed Sp e ci e sA ct of1973( 1 6U. S. C . 1 5 31 et se q . ) asares ul tofthe I nteri mF lo w s. ( 2 )C ONDIT ION SF O R R EL E A SE. —T he Secretar y is authori z ed to release Interim Flows to the e x tent that such flows would not— (A) impede or delay completion of the measures speci - fied in P aragraph 11(a) of the Settlement or ( B ) exceed existing downstream channel capacities. (3) SEE P A G EI M PA C TS.—The Secretary shall reduce Interim Flows to the extent necessary to address any material ad v erse impacts to third parties from groundwater seepage caused b y such flows that the Secretary identifies based on the monitoring program of the Secretary. ( 4 ) TEMPORAR Y FIS HB ARRIER PROGRAM.—The Secretary , in consultation with the California D epartment of Fish and G ame, shall evaluate the effectiveness of the H ills Ferry barrier in preventing the unintended upstream migration of anad- romous fish in the San J oaquin R iver and any false migratory pathways. If that evaluation determines that any such migra- tion past the barrier is caused by the introduction of the Interim Flows and that the presence of such fish will result in the imposition of additional regulatory actions against third parties, the Secretary is authorized to assist the Department of Fish and Game in ma k ing improvements to the barrier. From funding made available in accordance with section 1 0 009, if third parties along the San Joaquin River south of its confluence with the M erced River are required to install fish screens or fish bypass facilities due to the release of Interim Flows in order to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of the installation of such screens or facilities if such costs would be borne by the Federal Government under section 10009(a)(3), except to the extent that such costs are already or are further willingly borne by the State of California or by the third parties. (i) F U NDING A V AILABILITY.— (1) IN GENERAL.—Funds shall be collected in the San Joa- quin River Restoration Fund through O ctober 1, 2019, and thereafter, with substantial amounts available through October 1, 2019, pursuant to section 10009 for implementation of the Settlement and parts I and III, including— (A) $8 8,000,000, to be available without further appro- priation pursuant to section 10009(c)(2); (B) additional amounts authorized to be appropriated, including the charges required under section 10007 and an estimated $20,000,000 from the C V P Restoration Fund pursuant to section 10009(b)(2); and (C) an aggregate commitment of at least $200,000,000 by the State of California. (2) ADDITIONAL AMOUNTS.—Substantial additional amounts from the San Joaquin River Restoration Fund shall become available without further appropriation after October 1, 2019, pursuant to section 10009(c)(2). (3) EFFECT OF SUBSECTION.— N othing in this subsection limits the availability of funds authorized for appropriation pursuant to section 10009(b) or 10203(c). Deadlin e .Ev al u a t i o n.


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 123STA T . 13 5 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(j)SANJO A QUI N R I VEREXCH AN G E C ON T RACT .— S ub j ect t os ec - t i o n10 00 6 (b) , not h in g in this par t sha l l m o d i fy or amend the rights and obligations under the P urchase Contract bet w een M iller and L u x and the U nited States and the Second A mended Exchange Contract between the United States, D epartment of the I nterior, B ureau of Reclamation and Central California Irrigation District, San Luis Canal Company, F irebaugh Canal W ater District and Columbia Canal Company. SEC.10 00 5 . A C QUI SI T I ON AN D DIS P OSA L O F P R OPERT Y; TITLE TO FACILITIES. (a) T IT L E TO FACILITIE S .—Unless ac q uired pursuant to sub- section (b), title to any facility or facilities, stream channel, le v ees, or other real property modified or improved in the course of imple- menting the Settlement authori z ed by this part, and title to any modifications or improvements of such facility or facilities, stream channel, levees, or other real property— (1) shall remain in the owner of the property and ( 2 ) shall not be transferred to the United States on account of such modifications or improvements. (b) ACQUISITION O F PRO P ERT Y .— (1) IN GENERAL.—The Secretary is authorized to acquire through purchase from willing sellers any property, interests in property, or options to acquire real property needed to imple- ment the Settlement authorized by this part. (2) APPLICA B LE LA W .—The Secretary is authorized, but not required, to exercise all of the authorities provided in section 2oftheActofAugust26,1 937 ( 5 0 Stat. 84 4, chapter 832), to carry out the measures authorized in this section and section 10004. (c) DISPOSAL OF PROPERTY.— (1) IN GENERAL.—Upon the Secretary ’ s determination that retention of title to property or interests in property acquired pursuant to this part is no longer needed to be held by the United States for the furtherance of the Settlement, the Sec- retary is authorized to dispose of such property or interest in property on such terms and conditions as the Secretary deems appropriate and in the best interest of the United States, including possible transfer of such property to the State of California. (2) RIGHT OF FIRST REFUSAL.—In the event the Secretary determines that property acquired pursuant to this part through the exercise of its eminent domain authority is no longer necessary for implementation of the Settlement, the Secretary shall provide a right of first refusal to the property owner from whom the property was initially acquired, or his or her successor in interest, on the same terms and conditions as the property is being offered to other parties. (3) DISPOSITION OF PROCEE D S.—Proceeds from the disposal by sale or transfer of any such property or interests in such property shall be deposited in the fund established by section 10009(c). (d) G ROUNDWATER BAN K .— N othing in this part authorizes the Secretary to operate a groundwater ban k along or adjacent to the San Joaquin River upstream of the confluence with the Merced River, and any such groundwater bank shall be operated by a non-Federal entity. Det e rmina ti o n .


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 123STA T . 13 54PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.10 00 6 .C OMPLIAN CE W I TH APPLICA B LE LAW. (a)AP P LICAB L EL A W.— ( 1 ) ING ENE R AL.—I nu n dert a ki n g t h e m ea s ures auth o ri z ed by this p art , the S e c retary and the Secretary o fC ommerce sha l l comply w ith all applicable F ederal and State laws, rules, and regulations, including the N ational E n v ironmental P olicy Actof1 96 9( 42U .S.C. 4 3 21etse q .) and the Endangered Species Act of 19 7 3 (16 U.S.C. 1 5 31 et seq.), as necessary. (2) EN V IR O N M EN T AL REVIEW S .— T he Secretary and the Sec - retary of Commerce are authorized and directed to initiate and e x peditiously complete applicable environmental reviews and consultations as may be necessary to effectuate the pur- poses of the Settlement. (b) E F FECT ON STATE LAW.—Nothing in this part shall preempt State law or modify any existing obligation of the United States under Federal reclamation law to operate the Central V alley Pro j ect in conformity with State law. (c)USEOFF U N D S FOR ENVIRONMENTAL R EVIEWS.— (1) D EFINITION OF ENVIRONMENTAL REVIEW.—For purposes of this subsection, the term ‘ ‘environmental review ’ ’ includes any consultation and planning necessary to comply with sub- section (a). (2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.— In undertaking the measures authorized by section 1 0 004, and for which environmental review is required, the Secretary may provide funds made available under this part to affected Federal agencies, State agencies, local agencies, and Indian tribes if the Secretary determines that such funds are necessary to allow the Federal agencies, State agencies, local agencies, or Indian tribes to effectively participate in the environmental review process. (3) LIMITATION.—Funds may be provided under paragraph (2) only to support activities that directly contribute to the implementation of the terms and conditions of the Settlement. (d) NONREIMBURSABLE FUNDS.—The United States’ share of the costs of implementing this part shall be nonreimbursable under Federal reclamation law, provided that nothing in this subsection shall limit or be construed to limit the use of the funds assessed and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102 – 575 106 Stat. 4721, 4727), for implementation of the Settlement, nor shall it be construed to limit or modify existing or future Central Valley Project ratesetting policies. SEC. 1000 7 . COMPLIANCE WITH CENT R AL V ALLE Y PRO J ECT IMPROVE - MENT ACT. Congress hereby finds and declares that the Settlement satisfies and discharges all of the obligations of the Secretary contained in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), provided, however, that— (1) the Secretary shall continue to assess and collect the charges provided in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), as provided in the Settlement; and As s e ss m e nt.Col le c t i ons. D ete r min a tion.


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 123STA T . 13 5 5 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)thosea ssess m e n ts an dc o l lect i ons shall contin u eto b e counted to w a r dthere q uirements o f the S ecretar y contained in section 3407 (c)(2) of the R eclamation P ro j ects A uthori z ation and Adjustment Act of 19 92 (Public L aw 102 –5 75 10 6 Stat . 4726). SEC.10 00 8 . NOPRIVAT ERI GH TO F ACTION. (a) INGE NE RAL . —N othin g in this p art confers upon any person or entity not a party to the Settlement a pri v ate right of action or claim for relief to interpret or enforce the provisions of this part or the Settlement. (b) A P PL IC A B LE LA W .— T his section shall not alter or curtail any right of action or claim for relief under any other applicable law. SEC. 1000 9 . APPROPRIATIONS SETT L E M ENT F U N D. (a) I M PLEMEN T ATI O N C O S TS.— (1) IN G ENERAL.—The costs of implementing the Settlement shall be covered by payments or in -k ind contributions made by F riant D ivision contractors and other non-Federal parties , including the funds provided in subparagraphs (A) through (D) of subsection (c)(1), estimated to total $ 440,000,000, of which the non-Federal payments are estimated to total $200,000,000 (at O ctober 2006 price levels) and the amount from repaid Central V alley Project capital obligations is esti- mated to total $240,000,000, the additional Federal appropria- tion of $250,000,000 authorized pursuant to subsection (b)(1), and such additional funds authorized pursuant to subsection (b)(2); provided however, that the costs of implementing the provisions of section 10004(a)(1) shall be shared by the State of California pursuant to the terms of a memorandum of under- standing e x ecuted by the State of California and the Parties to the Settlement on September 13, 2006, which includes at least $110,000,000 of State funds. (2) A D DITIONAL AGREEMENTS.— (A) IN GENERAL.—The Secretary shall enter into 1 or more agreements to fund or implement improvements on a project-by-project basis with the State of California. ( B )RE QU IREMENTS.—Any agreements entered into under subparagraph (A) shall provide for recognition of either monetary or in-kind contributions toward the State of California ’ s share of the cost of implementing the provi- sions of section 10004(a)(1). (3) LIMITATION.— E xcept as provided in the Settlement, to the extent that costs incurred solely to implement this Settle- ment would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of Cali- fornia, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (b) AUT H ORI Z ATION O F APPROPRIATIONS.— (1) IN GENERAL.—In addition to the funding provided in subsection (c), there are also authorized to be appropriated not to exceed $250,000,000 (at October 2006 price levels) to implement this part and the Settlement, to be available until expended; provided however, that the Secretary is authorized to spend such additional appropriations only in amounts equal to the amount of funds deposited in the San J oaquin River


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 123STA T . 13 56PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Restora t i o nFu n d( not in cl udin gp a ym ents under su b section (c ) ( 1 )( B ) and proceeds under subsection (c)(1)( C )), t h e amount o f in -k ind contributions, and other non-Federal payments actu- ally committed to the implementation of this part or the S ettle- ment . ( 2 ) USEOFTH E C E N T RALV ALLE YP RO J ECT RESTORAT I ON F U N D . —T he Secretary is authori z ed to use monies from the Central V alley P ro j ect Restoration Fund created under section 3407 of the Reclamation Projects A uthorization and Adjustment Actof1 9 92 (Public L a w 102 –5 75 10 6 Stat. 4727) for purposes of this part in an amount not to e x ceed $ 2,000,000 ( O ctober 2006 price le v els) in any fiscal year. (c) FUND.— (1) I N G ENERAL.—There is hereby established within the Treasury of the United States a fund, to be known as the San J oa q uin River Restoration Fund, into which the following funds shall be deposited and used solely for the purpose of implementing the Settlement except as otherwise provided in subsections (a) and (b) of section 10203 (A) All payments received pursuant to section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721). (B) The construction cost component (not otherwise needed to cover operation and maintenance costs) of pay- ments made by Friant D ivision, H idden Unit, and Buchanan Unit long-term contractors pursuant to long- term water service contracts or pursuant to repayment contracts, including repayment contracts executed pursuant to section 10010. The construction cost repayment obliga- tion assigned such contractors under such contracts shall be reduced by the amount paid pursuant to this paragraph and the appropriate share of the existing Federal invest- ment in the Central Valley Project to be recovered by the Secretary pursuant to Public Law 99–546 (100 Stat. 3050) shall be reduced by an equivalent sum. (C) Proceeds from the sale of water pursuant to the Settlement, or from the sale of property or interests in property as provided in section 10005. (D) Any non-Federal funds, including State cost- sharing funds, contributed to the United States for implementation of the Settlement, which the Secretary may expend without further appropriation for the purposes for which contributed. (2) AVAILA B ILITY.—All funds deposited into the Fund pursu- ant to subparagraphs (A), (B), and (C) of paragraph (1) are authorized for appropriation to implement the Settlement and this part, in addition to the authorization provided in sub- sections (a) and (b) of section 10203, except that $ 8 8,000,000 of such funds are available for expenditure without further appropriation; provided that after October 1, 2019, all funds in the Fund shall be available for expenditure without further appropriation. (d) LI M ITATION ON CONTRIBUTIONS.—Payments made by long- term contractors who receive water from the Friant Division and Hidden and Buchanan Units of the Central Valley Project pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Ef f ectiv e da te .


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 123STA T . 13 57PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Authoriza tio n an d Ad j u s t me ntA c to f19 9 2(P u bl ic L a w 1 0 2 –57 5 10 6S tat .4 721, 4727 ) and p a y ments made pursuant to para g raph 16(b)( 3 ) of the Settlement and subsection (c)(1)( B ) shall be the limitation of such entities ’ direct financial contribution to the Settle - ment, subject to the terms and conditions of paragraph 21 of the Settlement. (e) NO A D D IT IO NALEXPE NDIT UR E SR E Q UIRED. — Nothing in this part shall be construed to re q uire a F ederal official to e x pend Federal funds not appropriated by C ongress, or to see k the appro- priation of additional funds by Congress, for the implementation of the Settlement. (f) REA CH 4B.— (1) STUD Y .— (A) I N G ENERAL.—In accordance with the Settlement and the memorandum of understanding executed pursuant to paragraph 6 of the Settlement, the Secretary shall con- duct a study that specifies— (i) the costs of undertaking any work required under paragraph 11(a)(3) of the Settlement to increase the capacity of reach 4B prior to reinitiation of Restora- tion Flows; (ii) the impacts associated with reinitiation of such flows; and (iii) measures that shall be implemented to miti- gate impacts. (B) D EADLINE.— T he study under subparagraph (A) shall be completed prior to restoration of any flows other than Interim Flows. (2) REPORT.— (A) IN GENERAL.—The Secretary shall file a report with Congress not later than 90 days after issuing a deter- mination, as required by the Settlement, on whether to expand channel con v eyance capacity to 4500 cubic feet per second in reach 4B of the San J oaquin River, or use an alternative route for pulse flows, that— (i) explains whether the Secretary has decided to expand Reach 4B capacity to 4500 cubic feet per second; and (ii) addresses the following matters (I) The basis for the Secretary’s determination, whether set out in environmental review docu- ments or otherwise, as to whether the expansion of Reach 4B would be the preferable means to achieve the Restoration G oal as provided in the Settlement, including how different factors were assessed such as comparative biological and habitat benefits, comparative costs, relative avail- ability of State cost-sharing funds, and the comparative benefits and impacts on water temperature, water supply, private property, and local and downstream flood control. (II) The Secretary’s final cost estimate for expanding Reach 4B capacity to 4500 cubic feet per second, or any alternative route selected, as well as the alternative cost estimates provided by the State, by the Restoration Administrator, and by the other parties to the Settlement.


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 123STA T . 13 58PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I II )TheS e cr e ta r y’spl a nfo rf u n di n g the costs ofe x panding R each 4B or any alternati v e route selected ,w hether b y existing F ederal funds pro - vided under this subtitle, by non-Federal funds, by future Federal appropriations, or so m e combina- tion of such sources . (B) DET E RMINA TI O NRE QU IRE D . — The Secretary shall, to the extent feasible, ma k e the determination in subpara- graph ( A ) prior to undertaking any substantial construction work to increase capacity in reach 4B. ( 3 ) C O S TS.—If the Secretary’s estimated Federal cost for expanding reach 4B in paragraph ( 2 ), in light of the Secretary’s funding plan set out in that paragraph, would exceed the remaining Federal funding authori z ed by this part (including all funds reallocated, all funds dedicated, and all new funds authorized by this part and separate from all commitments of State and other non-Federal funds and in-kind commit- ments), then before the Secretary commences actual construc- tion work in reach 4B (other than planning, design, feasibility, or other preliminary measures) to expand capacity to 4 50 0 cubic feet per second to implement this Settlement, Congress must have increased the applicable authorization ceiling pro- vided by this part in an amount at least sufficient to cover the higher estimated Federal costs. SEC.10 010. R E PAYM E NT C O NTRACTS AN D ACCE L ERAT I ONO F REPAY - MENT OF CONSTR U CTION COSTS. (a) CON V ERSION O F CONTRA C TS.— ( 1 ) The Secretary is authorized and directed to convert, prior to December 31, 2010, all existing long-term contracts with the following Friant Division, H idden U nit, and Buchanan Unit contractors, entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 119 6 ), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions Arvin- E dison W ater Storage District Delano-Earlimart Irrigation District; Exeter Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation District; L indmore Irrigation District; Lindsay-Strathmore Irrigation District; Lower Tule River Irrigation District; O range Cove Irrigation District; P orterville Irrigation District; Saucelito Irrigation District; Shafter-Wasco Irrigation District; Southern San J oa q uin M unicipal Utility District; Stone Corral Irrigation District; Tea Pot Dome Water District; Terra Bella Irrigation District; Tulare Irrigation District; Madera Irrigation District; and Chowchilla Water District. Upon request of the contractor, the Secretary is authorized to convert, prior to December 31, 2010, other existing long-term contracts with Friant Division contractors entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under sub- section (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions. (2) Upon request of the contractor, the Secretary is further authorized to convert, prior to December 31, 2010, any existing Friant Division long-term contract entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a contract under subsection (c)(1) of section 9 of said Act, under mutually agreeable terms and conditions. Deadlin e s.


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 123STA T . 13 59PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (3)Al l such c ontra cts e ntere di nto p ursuant to para g raph ( 1 ) shall — (A) re q uire the repa ym ent , either in lump sum or b y accelerated prepayment, o f the remaining amount of construction costs identified in the C entral V alley P ro j ect S chedule of I rrigation Capital R ates by Contractor 20 0 7 Irrigation W ater Rates, dated J anuary 2 5, 2007, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the con - tractor, no later than January 31, 2011, or if made in appro x imately equal annual installments, no later than January 31, 201 4; such amount to be discounted by 1⁄2 the T reasury Rate . An estimate of the remaining amount of construction costs as of January 31, 2011, as adjusted, shall be pro v ided by the Secretary to each contractor no later than June 30, 2010; ( B ) require that, not w ithstanding subsection (c)(2), construction costs or other capitali z ed costs incurred after the effective date of the contract or not reflected in the 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 conversions 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, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context; (C) provide that power revenues will not be available to aid in repayment of construction costs allocated to irriga- tion under the contract; and ( D ) conform to the Settlement and this part and shall continue so long as the contractor pays applicable charges, consistent with subsection (c)(2) and applicable law. (4) All such contracts entered into pursuant to paragraph (2) shall— (A) require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of M unicipal and Industrial Water Rates, as adjusted to reflect payments not reflected in such schedule, and prop- erly assignable for ultimate return by the contractor, no later than January 31, 2014. An estimate of the remaining amount of construction costs as of January 31, 2014, as adjusted, shall be provided by the Secretary to each con- tractor no later than June 30, 2013; (B) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the 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 conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid Coste st ima te . Cost estimate.


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Page:United States Statutes at Large Volume 123.djvu/1380

 123STA T . 13 60PUBLIC LA W 111 – 11 —M A R .30, 200 9asprovide d by app l i c able R ecla m a t io n la w, provided t h at the re f erence to the amo u nt of $5 , 0 00,000 shall not be a precedent in any other conte x t and (C) conform to the S ettlement and this part and shall continue so lon g as the contractor pays applicable charges, consistent with subsection (c)( 2 ) and applicable law . (b) FINALADJUSTME NT. —T he amounts paid pursuant to sub - section (a) shall be sub j ect to adjustment following a final cost allocation by the Secretary upon completion of the construction of the Central V alley P roject. I n the event that the final cost allocation indicates that the costs properly assignable to the con- tractor 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 no less than 1 year and no 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 is authori z ed and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor. (c) A P PLI C A B ILIT YOF CE R TAIN PRO V ISIONS.— (1) N otwithstanding any repayment obligation under sub- section (a)( 3 )( B ) or subsection (b), upon a contractor ’ s compli- ance with and discharge of the obligation of repayment of the construction costs as provided in subsection (a)(3)(A), the provisions of section 213(a) and (b) of the Reclamation Reform Actof1 98 2(9 6 Stat. 1269) shall apply to lands in such district. (2) Notwithstanding any repayment obligation under para- graph (3)(B) or ( 4 )(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in para- graphs (3)(A) and (4)(A) of subsection (a), the Secretary shall waive the pricing provisions of section 3405(d) of the Reclama- tion Projects Authorization and Adjustment Act of 1992 (Public L aw 102 – 5 7 5) for such contractor, provided that such contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to such repayment contracts pursuant to the then-current rate-setting policy and applicable law. (3) Provisions of the Settlement applying to Friant D ivision, H idden U nit, and Buchanan Unit long-term water service con- tracts shall also apply to contracts executed pursuant to this section. (d) REDUCTION OF C H AR G E FOR THOSE CONTRACTS CONVERTED PURSUANT TO SUBSECTION (A)(1).— (1) At the time all payments by the contractor re q uired by subsection (a)(3)(A) have been completed, the Secretary shall reduce the charge mandated in section 10007(1) of this part, from 2020 through 2039, to offset the financing costs as defined in section 10010(d)(3). The reduction shall be calculated at the time all payments by the contractor required by subsection (a)(3)(A) have been completed. The calculation shall remain fixed from 2020 through 2039 and shall be based upon antici- pated average annual water deliveries, as mutually agreed upon by the Secretary and the contractor, for the period from Waiver.P a ym e nts .


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 123STA T . 13 6 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 920 20 throug h20 39,and th e a m ount s o f su c h reduct i ons sha l l b e discounted using the T reasur yR ate ro v ided, that such charge shall not be reduced to less than $4. 00 per acre foot of pro j ect w ater delivered; provided further, that such reduction shall be implemented annually unless the S ecretary determines, based on the availability of other monies, that the charges mandated in section 1 000 7( 1 ) are otherwise needed to cover ongoing federal costs of the Settlement, including any federal operation and maintenance costs of facilities that the Secretary determines are needed to implement the Settlement. I f the Secretary determines that such charges are necessary to cover such ongoing federal costs, the Secretary shall, instead of ma k ing the reduction in such charges, reduce the contractor ’ s operation and maintenance obligation by an e q uivalent amount, and such amount shall not be recovered by the U nited States from any C entral V alley P roject contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non - federal operating entity. (2) If the calculated reduction in paragraph (1), taking into consideration the minimum amount required, does not result in the contractor offsetting its financing costs, the Sec- retary is authori z ed and directed to reduce, after O ctober 1, 2019, any outstanding or future obligations of the contractor to the B ureau of Reclamation, other than the charge assessed and collected under section 3407(d) of Public law 102 –5 75, by the amount of such deficiency, with such amount inde x ed to 2020 using the Treasury Rate and such amount shall not be recovered by the United States from any Central Valley Project contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non- F ederal operating entity. (3) Financing costs, for the purposes of this subsection, shall be computed as the difference of the net present value of the construction cost identified in subsection (a)(3)( A ) using the full Treasury Rate as compared to using one half of the Treasury Rate and applying those rates against a calculated average annual capital repayment through 2030. (4) E ffective in 2040, the charge shall revert to the amount called for in section 10007(1) of this part. (5) For purposes of this section, ‘ ‘Treasury Rate’’ shall be defined as the 20 year Constant M aturity Treasury (CMT) rate published by the United States D epartment of the Treasury as of October 1, 2010. (e) S ATISF A C TI ON OFC ER TAIN PRO V ISIONS. — (1) IN G ENERA L .—Upon the first release of Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement, any short- or long-term agreement, to which 1 or more long-term Friant Division, H idden Unit, or Buchanan Unit contractor that converts its contract pursuant to sub- section (a) is a party, providing for the transfer or exchange of water not released as Interim Flows or Restoration Flows shall be deemed to satisfy the provisions of subsection 3405(a)(1)(A) and (I) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public L aw 102–575) without the further concurrence of the Secretary as to compliance with said subsections if the contractor provides, not later than 90 Deadlin e s.Not i c e. Ef fecti v e date. Effective date. Effective date. Deadline. Dete rm ination.
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Page:United States Statutes at Large Volume 123.djvu/1382

 123STA T . 13 6 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9daysbefor e c o m me n cemen t ofanys u c h transfer or e x chan g e for a p er i od in excess of 1 year , and not l ater than 30 days before commencement of any proposed transfer or exchange w ith duration of less than 1 year, written notice to the S ecretary stating how the proposed transfer or exchange is intended to reduce, a v oid, or mitigate impacts to water deliveries caused by the I nterim F lows or R estoration Flows or is intended to otherwise facilitate the W ater M anagement G oal, as described in the Settlement .T he Secretary shall promptly ma k e such notice publicly available. (2)DET E RMINA TI O NO F RE DUC TION S TO W ATER DE L I V- ERIES. — Water transferred or exchanged under an agreement that meets the terms of this subsection shall not be counted as a replacement or an offset for purposes of determining reduc- tions to water deliveries to any Friant Division long-term con- tractor except as provided in paragraph 1 6 (b) of the Settlement. The Secretary shall, at least annually, make publicly available a compilation of the number of transfer or exchange agreements exercising the provisions of this subsection to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or to facilitate the Water Manage- ment Goal, as well as the volume of water transferred or exchanged under such agreements. (3) STATE LAW.— N othing in this subsection alters State law or permit conditions, including any applicable geographical restrictions on the place of use of water transferred or exchanged pursuant to this subsection. (f) C ERTAIN RE P A Y MENT OB LI G ATIONS NOT A LTERED.— Implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central V alley P ro j ect, or shift any costs that would otherwise have been properly assignable to the Friant contractors absent this section, including operations and maintenance costs, construction costs, or other capitali z ed costs incurred after the date of enactment of this Act, to other such contractors. (g) STATUTORY INTERPRETATION.—Nothing in this part shall be construed to affect the right of any Friant Division, H idden U nit, or B uchanan Unit long-term contractor to use a particular type of financing to make the payments re q uired in paragraph (3)(A) or ( 4 )(A) of subsection (a). SEC.10 011. C ALIFORN IA CEN T RAL V ALLE Y S P RIN G R U NC H INOO K SAL M ON. (a) FINDING.—Congress finds that the implementation of the Settlement to resolve 1 8 years of contentious litigation regarding restoration of the San J oaquin River and the reintroduction of the California Central Valley Spring Run Chinook salmon is a unique and unprecedented circumstance that requires clear expres- sions of Congressional intent regarding how the provisions of the E ndangered Species Act of 1 97 3 (16 U.S.C. 1 5 31 et seq.) are utilized to achieve the goals of restoration of the San Joaquin River and the successful reintroduction of California Central Valley Spring Run Chinook salmon. (b) REINTRODUCTION IN T H E SAN JOA Q UIN RIVER.—California Central Valley Spring Run Chinook salmon shall be reintroduced in the San Joaquin River below Friant Dam pursuant to section Deadlin e .Pub li c in form a t ion. Public information.


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 123STA T . 13 6 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 910(j) of theEnda n g e r ed Sp e ci e sA ctof1 973 (1 6U. S. C . 1 5 39(j)) and the Sett l e m ent , pro v ided that the Secretar y of Commerce finds that a permit for the reintrod u ction of California Central V alley Spring R un Chinoo k salmon may b e issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)). (c) FINAL R U L E . — (1) D E F INI T I O NOFT H I RDP ART Y .—For the purpose of this subsection, the term ‘ ‘third party ’ ’ means persons or entities diverting or receiving w ater pursuant to applicable State and Federal laws and shall include Central Valley P roject contrac - tors outside of the Friant Division of the Central Valley Project and the State W ater Project. ( 2 ) IS SUAN C E.— T he Secretary of Commerce shall issue a final rule pursuant to section 4 (d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take of reintroduced California Central Valley Spring Run Chinook salmon prior to the reintroduction. (3) RE Q UIRED CO M PONENTS.—The rule issued under para- graph (2) shall provide that the reintroduction will not impose more than de minimus water supply reductions, additional storage releases, or bypass flows on unwilling third parties due to such reintroduction. (4) APPLICA B LE LA W .— N othing in this section— (A) diminishes the statutory or regulatory protections provided in the Endangered Species Act of 1973 for any species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) other than the reintro- duced population of California Central Valley Spring Run Chinook salmon, including protections pursuant to e x isting biological opinions or new biological opinions issued by the Secretary or Secretary of Commerce or ( B ) precludes the Secretary or Secretary of Commerce from imposing protections under the Endangered Species Act of 1973 (16 U.S.C. 1531 et se q .) for other species listed pursuant to section 4 of that Act (16 U.S.C. 1533) because those protections provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon. (d) REPORT.— (1) IN G ENERAL.—Not later than December 31, 2024, the Secretary of Commerce shall report to Congress on the progress made on the reintroduction set forth in this section and the Secretary’s plans for future implementation of this section. (2) INCLUSIONS.—The report under paragraph (1) shall include— (A) an assessment of the major challenges, if any, to successful reintroduction; (B) an evaluation of the effect, if any, of the reintroduc- tion on the existing population of California Central Valley Spring Run Chinook salmon existing on the Sacramento River or its tributaries; and (C) an assessment regarding the future of the reintro- duction. (e) FERC PRO J ECTS.— (1) IN GENERAL.—With regard to California Central Valley Spring Run Chinook salmon reintroduced pursuant to the


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 123STA T . 13 64PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Set t l e m e n t , t h eSe cr et a r yofC ommerce s hall e x erc i se its a u thority un d er section 18 of the F ederal P o w er A ct ( 1 6U. S.C. 811 )b y reser v in g its right to file p rescriptions in proceedings for pro j ects licensed by the Federal E nergy R egulatory Commis - sion on the Calaveras, Stanislaus, T uolumne, M erced, and San J oa q uin rivers and otherwise consistent with subsection (c) until after the expiration of the term of the Settlement, D ecember 3 1, 20 2 5, or the expiration of the designation made pursuant to subsection (b), whichever ends first. (2) E F F ECTO F SUB SECT I O N . —N othing in this subsection shall preclude the Secretary of Commerce from imposing prescriptions pursuant to section 18 of the Federal Power Act (16 U.S.C. 811) solely for other anadromous fish species because those prescriptions provide incidental benefits to such reintro- duced California Central V alley Spring Run Chinoo k salmon. (f) EFFECT OF SECTION.—Nothing in this section is intended or shall be construed— (1) to modify the Endangered Species Act of 1 97 3 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.) or (2) to establish a precedent with respect to any other application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.). PARTI I —S T UDY T O D EV E L OP W ATER PLA N; REPORT SEC.10 101. S TUDY T O DE V E L O PWA TE R PLA N; REPORT. (a) P LA N.— (1) GR ANT.—To the extent that funds are made available in advance for this purpose, the Secretary of the I nterior, acting through the B ureau of Reclamation, shall provide direct financial assistance to the California W ater Institute, located at California State University, Fresno, California, to conduct a study regarding the coordination and integration of sub- regional integrated regional water management plans into a unified Integrated Regional Water Management Plan for the subject counties in the hydrologic basins that would address issues related to— (A) water quality; (B) water supply (both surface, ground water banking, and brackish water desalination); (C) water conveyance; (D) water reliability; (E) water conservation and efficient use (by distribu- tion systems and by end users); (F) flood control; (G) water resource-related environmental enhance- ment; and ( H ) population growth. (2) STU DY AREA.—The study area referred to in paragraph (1) is the proposed study area of the San Joaquin River Hydro- logic Region and Tulare L ake Hydrologic Region, as defined by California Department of Water Resources Bulletin 160 – 05, volume 3, chapters 7 and 8, including K ern, Tulare, Kings,


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Page:United States Statutes at Large Volume 123.djvu/1385

 123STA T . 13 65PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Fresno,Mad era, Mer c ed, St an i s l a u s, and San J oa q uin counties in C ali f ornia .(b)USEOFPLAN . —Th e I nte g rated R egional W ater Manage m ent Plan de v elo p ed for the 2 h y drologic basins under subsection (a) shall serve as a guide for the counties in the study area described in subsection (a)(2) to use as a mechanism to address and solve long - term w ater needs in a sustainable and equitable manner. (c) RE P O RT .—The Secretary shall ensure that a report con- taining the results of the Integrated Regional Water Management Plan for the hydrologic regions is submitted to the Committee on E nergy and N atural Resources of the Senate and the Committee on Natural Resources of the H ouse of Representatives not later than 2 4 months after financial assistance is made available to the California Water Institute under subsection (a)( 1 ). (d) AU T H OR IZ ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated to carry out this section $ 1, 0 00,000 to remain available until e x pended. PARTI II —F RIA N T D I V I S I O NI M PROV E MENTS SEC.102 01. F E D E RAL FAC I LI TY I MP R OV EME N TS. (a) The Secretary of the Interior (hereafter referred to as the ‘ ‘Secretary ’ ’) is authorized and directed to conduct feasibility studies in coordination with appropriate Federal, State, regional, and local authorities on the following improvements and facilities in the Friant D ivision, Central V alley Pro j ect, California (1) Restoration of the capacity of the Friant- K ern Canal and Madera Canal to such capacity as previously designed and constructed by the B ureau of Reclamation. (2) Reverse flow pump-bac k facilities on the Friant-Kern Canal, with reverse-flow capacity of approximately 5 00 cubic feet per second at the Poso and Shafter Check Structures and approximately 3 00 cubic feet per second at the Woollomes Check Structure. (b) Upon completion of and consistent with the applicable feasi- bility studies, the Secretary is authorized to construct the improve- ments and facilities identified in subsection (a) in accordance with all applicable Federal and State laws. (c) The costs of implementing this section shall be in accordance with section 10203, and shall be a nonreimbursable Federal expenditure. SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PRO J ECTS. (a) AUTHORIZATION.—The Secretary is authorized to provide financial assistance to local agencies within the Central Valley Project, California, for the planning, design, environmental compli- ance, and construction of local facilities to bank water underground or to recharge groundwater, and that recover such water, provided that the project meets the criteria in subsection (b). The Secretary is further authorized to require that any such local agency receiving financial assistance under the terms of this section submit progress reports and accountings to the Secretary, as the Secretary deems appropriate, which such reports shall be publicly available. (b) CRITERIA.— (1) A project shall be eligible for Federal financial assist- ance under subsection (a) only if all or a portion of the project is designed to reduce, avoid, or offset the quantity of the Reports.Public i nf or ma tion. S tu d ies.


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Page:United States Statutes at Large Volume 123.djvu/1386

 123STA T . 13 6 6 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9exp e ct e dwa te rsu pp lyim pacts t oF ria n t D i v ision lon g- term contractors caused b yt h e I nterim or R estoration Flows author- i z edinpartIo f this subtitle , and such q uantities have not already been reduced, avoided, or offset by other programs or pro j ects .(2) Federal financial assistance shall only apply to the portion of a project that the local agency designates as reducing, avoiding, or offsetting the expected water supply impacts caused by the Interim or Restoration Flows authorized in part I of this subtitle, consistent with the methodology developed pursu- ant to paragraph ( 3 )( C ). (3) N o Federal financial assistance shall be provided by the S ecretary under this part for construction of a project under subsection (a) unless the Secretary — ( A ) determines that appropriate planning, design, and environmental compliance activities associated with such a project have been completed, and that the Secretary has been offered the opportunity to participate in the project at a price that is no higher than the local agency ’ s own costs, in order to secure necessary storage, extraction, and conveyance rights for water that may be needed to meet the Restoration G oal as described in part I of this subtitle, where such project has capacity beyond that des- ignated for the purposes in paragraph (2) or where it is feasible to expand such project to allow participation by the Secretary ( B ) determines, based on information available at the time, that the local agency has the financial capability and willingness to fund its share of the project’s construc- tion and all operation and maintenance costs on an annual basis; (C) determines that a method acceptable to the Sec- retary has been developed for quantifying the benefit, in terms of reduction, avoidance, or offset of the water supply impacts expected to be caused by the Interim or Restoration Flows authorized in part I of this subtitle, that will result from the project, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10 00 4 (a)( 5 ); and (D) has entered into a cost-sharing agreement with the local agency which commits the local agency to funding its share of the project’s construction costs on an annual basis. (c) G UIDEL I N E S .— W ithin 1 year from the date of enactment of this part, the Secretary shall develop, in consultation with the Friant Division long-term contractors, proposed guidelines for the application of the criteria defined in subsection (b), and will ma k e the proposed guidelines available for public comment. Such guide- lines may consider prioritizing the distribution of available funds to projects that provide the broadest benefit within the affected area and the equitable allocation of funds. U pon adoption of such guidelines, the Secretary shall implement such assistance program, subject to the availability of funds appropriated for such purpose. (d) C O S T S HAR IN G .— T he Federal financial assistance provided to local agencies under subsection (a) shall not exceed— Deadlin e .Pub li c c om men t . C ont r act s . Determinations. Ap plicabilit y .


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Page:United States Statutes at Large Volume 123.djvu/1387

 123STA T . 13 67PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)50perc e ntof t h eco s ts a ssoc i ate dw ith p l annin g, design, and en v iron m ental compliance activities associated with s u ch a pro j ect and ( 2 ) 50 percent of the costs associated with construction of an y such project . (e) PROJECTOWN ER SHIP . — (1) T itle to, control over, and operation of, projects funded under su b section (a) shall remain in one or more non -F ederal local agencies. N othing in this part authori z es the S ecretary to operate a groundwater ban k along or adjacent to the San J oa q uin R iver upstream of the confluence with the M erced River, and any such groundwater bank shall be operated by a non-Federal entity. A ll projects funded pursuant to this sub- section shall comply with all applicable Federal and State laws, including provisions of C alifornia water law. (2) All operation, maintenance, and replacement and rehabilitation costs of such projects shall be the responsibility of the local agency. The Secretary shall not provide funding for any operation, maintenance, or replacement and rehabilita- tion costs of projects funded under subsection (a). SEC.102 0 3 . AUTHORIZ ATIO N O F A P PROPRIATIONS. (a) The Secretary is authorized and directed to use monies from the fund established under section 1000 9 to carry out the provisions of section 10201(a)(1), in an amount not to e x ceed $3 5,000,000. (b) I n addition to the funds made available pursuant to sub- section (a), the Secretary is also authorized to expend such addi- tional funds from the fund established under section 10009 to carry out the purposes of section 10201(a)(2), if such facilities have not already been authorized and funded under the plan provided for pursuant to section 1000 4 (a)(4), in an amount not to exceed $1 7 ,000,000, provided that the Secretary first determines that such expenditure will not conflict with or delay his implementation of actions required by part I of this subtitle. Notice of the Secretary ’ s determination shall be published not later than his submission of the report to Congress required by section 10009(f)(2). (c) In addition to funds made available in subsections (a) and (b), there are authorized to be appropriated $50,000,000 (October 200 8 price levels) to carry out the purposes of this part which shall be non-reimbursable. Subti t leB—Nor t hw e s ter n New M e x i c o R ur a l W ater P ro j ects SEC. 10301. SHORT TIT L E. This subtitle may be cited as the ‘ ‘Northwestern New Mexico Rural W ater Projects Act’’. SEC. 10302. D EFINITIONS. In this subtitle (1) A AM O D T ADJ U DICATION.—The term ‘‘Aamodt adjudica- tion’’ means the general stream adjudication that is the subject of the civil action entitled ‘‘State of New Mexico, ex rel. State E ngineer and U nited States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de 43USC 4 07note.N o r t hw e s tern New M e xic o Ru r alW ater P ro j ects A ct. Nati v e A m ericans. 43 USC 37 1 note. Notice. Pu b lication. D etermination.