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Public Law 102-575

Section 3406. Fish, Wildlife, Improved Water Management 

& Conservation

(a) Amendments to Central Valley Project Authorizations Act of August 26, 1937.--Section 2 of 

the Act of August 26, 1937 (chapter 832; 50 Stat. 850), as amended, is amended.

(1) In the second proviso of subsection (a), by inserting “and mitigation, protection, and 

restoration of fish and wildlife” after “Indian reservations,”;

(2) In the last proviso of subsection (a), by striking “domestic uses;” and inserting “domestic 

uses and fish and wildlife mitigation, protection and restoration purposes;” and by striking 

“power” and inserting “power and fish and wildlife enhancement”;

(3) By adding at the end the following: “The mitigation for fish and wildlife losses incurred as 

a result of construction, operation, or maintenance of the Central Valley Project shall be based 

on the replacement of ecologically equivalent habitat and shall take place in accordance with 

the provisions of this title and concurrent with any future actions which adversely affect fish 

and wildlife populations or their habitat but shall have no priority over them.”; and,

(4) By adding at the end the following: “(e) Nothing in this title shall affect the State’s 

authority to condition water rights permits for the Central Valley Project.”

(b) Fish and Wildlife Restoration Activities.--The Secretary, immediately upon the enactment of 

this title, shall operate the Central Valley Project to meet all obligations under state and federal 

law, including but not limited to the federal Endangered Species Act, 16 U.S.C. s 1531, et seq., 

and all decisions of the California State Water Resources Control Board establishing conditions 

on applicable licenses and permits for the project. The Secretary, in consultation with other State 

and Federal agencies, Indian tribes, and affected interests, is further authorized and directed to:

(1) Develop within three years of enactment and implement a program which makes all 

reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish in 

Central Valley rivers and streams will be sustainable, on a long-term basis, at levels not less 

than twice the average levels attained during the period of 1967-1991; Provided, That this goal 

shall not apply to the San Joaquin River between Friant Dam and the Mendota Pool, for which 

a separate program is authorized under subsection 3406(c) of this title; Provided further, That 

the programs and activities authorized by this section shall, when fully implemented, be 

deemed to meet the mitigation, protection, restoration, and enhancement purposes established 

by subsection 3406(a) of this title; And provided further, That in the course of developing and 

implementing this program the Secretary shall make all reasonable efforts consistent with the 
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requirements of this section to address other identified adverse environmental impacts of the 

Central Valley Project not specifically enumerated in this section.

(A) This program shall give first priority to measures which protect and restore natural 

channel and riparian habitat values through habitat restoration actions, modifications to 

Central Valley Project operations, and implementation of the supporting measures 

mandated by this subsection; shall be reviewed and updated every five years; and shall 

describe how the Secretary intends to operate the Central Valley Project to meet the fish, 

wildlife, and habitat restoration goals and requirements set forth in this title and other 

project purposes.

(B) As needed to achieve the goals of this program, the Secretary is authorized and directed 

to modify Central Valley Project operations to provide flows of suitable quality, quantity, 

and timing to protect all life stages of anadromous fish, except that such flows shall be 

provided from the quantity of water dedicated to fish, wildlife, and habitat restoration 

purposes under paragraph (2) of this subsection; from the water supplies acquired pursuant 

to paragraph (3) of this subsection; and from other sources which do not conflict with 

fulfillment of the Secretary’s remaining contractual obligations to provide Central Valley 

Project water for other authorized purposes. Instream flow needs for all Central Valley 

Project controlled streams and rivers shall be determined by the Secretary based on 

recommendations of the U.S. Fish and Wildlife Service after consultation with the 

California Department of Fish and Game.

(C) The Secretary shall cooperate with the State of California to ensure that, to the greatest 

degree practicable, the specific quantities of yield dedicated to and managed for fish and 

wildlife purposes under this title are credited against any additional obligations of the 

Central Valley Project which may be imposed by the State of California following 

enactment of this title, including but not limited to increased flow and reduced export 

obligations which may be imposed by the California State Water Resources Control Board 

in implementing San Francisco Bay/Sacramento-San Joaquin Delta Estuary standards 

pursuant to the review ordered by the California Court of Appeals in U.S. v. State Water 

Resources Control Board, 182 Cal.App.3rd 82 (1986), and that, to the greatest degree 

practicable, the programs and plans required by this title are developed and implemented in 

a way that avoids inconsistent or duplicative obligations from being imposed upon Central 

Valley Project water and power contractors.

(D) Costs associated with this paragraph shall be reimbursable pursuant to existing statutory 

and regulatory procedures.

(2) Upon enactment of this title dedicate and manage annually 800,000 acre-feet of Central 

Valley Project yield for the primary purpose of implementing the fish, wildlife, and habitat 

restoration purposes and measures authorized by this title; to assist the State of California in its 

efforts to protect the waters of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary; 

and to help meet such obligations as may be legally imposed upon the Central Valley Project 

under state or federal law following the date of enactment of this title, including but not 

limited to additional obligations under the federal Endangered Species Act. For the purpose of 

this section, the term “Central Valley Project yield” means the delivery capability of the Central 

Valley Project during the 1928-1934 drought period after fishery, water quality, and other flow 

and operational requirements imposed by terms and conditions existing in licenses, permits, 

and other agreements pertaining to the Central Valley Project under applicable State or Federal 

law existing at the time of enactment of this title have been met.
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(A) Such quantity of water shall be in addition to the quantities needed to implement 

paragraph 3406(d) (1) of this title and in addition to all water allocated pursuant to 

paragraph (23) of this subsection for release to the Trinity River for the purposes of fishery 

restoration, propagation, and maintenance; and shall be supplemented by all water that 

comes under the Secretary’s control pursuant to subsections 3406(b) (3), 3408(h) -(i), and 

through other measures consistent with subparagraph 3406(b) (1) (B) of this title.

(B) Such quantity of water shall be managed pursuant to conditions specified by the U.S. 

Fish and Wildlife Service after consultation with the Bureau of Reclamation and the 

California Department of Water Resources and in cooperation with the California 

Department of Fish and Game.

(C) The Secretary may temporarily reduce deliveries of the quantity of water dedicated 

under this paragraph up to 25 percent of such total whenever reductions due to hydrologic 

circumstances are imposed upon agricultural deliveries of Central Valley Project water; 

Provided, That such reductions shall not exceed in percentage terms the reductions 

imposed on agricultural service contractors; provided further, That nothing in this 

subsection or subsection 3406(e) shall require the Secretary to operate the project in a way 

that jeopardizes human health or safety.

(D) If the quantity of water dedicated under this paragraph, or any portion thereof, is not 

needed for the purposes of this section, based on a finding by the Secretary, the Secretary is 

authorized to make such water available for other project purposes.

(3) Develop and implement a program in coordination and in conformance with the plan 

required under paragraph (1) of this subsection for the acquisition of a water supply to 

supplement the quantity of water dedicated to fish and wildlife purposes under paragraph (2) 

of this subsection and to fulfill the Secretary’s obligations under paragraph 3406(d) (2) of this 

title. The program should identify how the Secretary intends to utilize, in particular the 

following options: improvements in or modifications of the operations of the project; water 

banking; conservation; transfers; conjunctive use; and temporary and permanent land 

fallowing, including purchase, lease, and option of water, water rights, and associated 

agricultural land.

(4) Develop and implement a program to mitigate for fishery impacts associated with 

operations of the Tracy Pumping Plan. Such program shall include, but is not limited to 

improvement or replacement of the fish screens and fish recovery facilities and practices 

associated with the Tracy Pumping Plant. Costs associated with this paragraph shall be 

reimbursed in accordance with the following formula: 37.5 percent shall be reimbursed as 

main project features, 37.5 percent shall be considered a nonreimbursable Federal expenditure, 

and 25 percent shall be paid by the State of California. The reimbursable share of funding for 

this and other facility repairs, improvements, and construction shall be allocated among 

project water and power users in accordance with existing project cost allocation procedures.

(5) Develop and implement a program to mitigate for fishery impacts resulting from 

operations of the Contra Costa Canal Pumping Plant No. 1. Such program shall provide for 

construction and operation of fish screening and recovery facilities, and for modified practices 

and operations. Costs associated with this paragraph shall be reimbursed in accordance with 

the following formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent 

shall be considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the 

State of California.
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(6) Install and operate a structural temperature control device at Shasta Dam and develop and 

implement modifications in CVP operations as needed to assist in the Secretary’s efforts to 

control water temperatures in the upper Sacramento River in order to protect anadromous fish 

in the upper Sacramento River. Costs associated with planning and construction of the 

structural temperature control device shall be reimbursed in accordance with the following 

formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent shall be

considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of 

California.

(7) Meet flow standards and objectives and diversion limits set forth in all laws and judicial 

decisions that apply to Central Valley Project facilities, including, but not limited to, provisions 

of this title and all obligations of the United States under the “Agreement Between the United 

States and the Department of Water Resources of the State of California for Coordinated 

Operation of the Central Valley project and the State Water Project” dated May 20, 1985, as 

well as Pub. L. 99-546.

(8) Make use of short pulses of increased water flows to increase the survival of migrating 

anadromous fish moving into and through the Sacramento-San Joaquin Delta and Central 

Valley rivers and streams.

(9) Develop and implement a program to eliminate, to the extent possible, losses of 

anadromous fish due to flow fluctuations caused by the operation of any Central Valley 

Project storage or re-regulating facility. The program shall be patterned where appropriate 

after the agreement between the California Department of Water Resources and the California 

Department of Fish and Game with respect to the operation of the California State Water 

Project Oroville Dam complex.

(10) Develop and implement measures to minimize fish passage problems for adult and 

juvenile anadromous fish at the Red Bluff Diversion Dam in a manner that provides for the 

use of associated Central Valley Project conveyance facilities for delivery of water to the 

Sacramento Valley National Wildlife Refuge complex in accordance with the requirements of 

subsection (d) of this section. Costs associated with implementation of this paragraph shall be 

reimbursed in accordance with the following formula: 37.5 percent shall be reimbursed as 

main project features, 37.5 percent shall be considered a nonreimbursable Federal expenditure, 

and 25 percent shall be paid by the State of California.

(11) Rehabilitate and expand the Coleman National Fish Hatchery by implementing the U.S. 

Fish and Wildlife Service’s Coleman National Fish Hatchery Development Plan, and modify 

the Keswick Dam Fish Trap to provide for its efficient operation at all project flow release 

levels and modify the basin below the Keswick Dam spillway to prevent the trapping of fish. 

Costs associated with implementation of this paragraph shall be reimbursed in accordance 

with the following formula: 50 percent shall be reimbursed as main project features and 50 

percent shall be considered a nonreimbursable Federal expenditure.

(12) Develop and implement a comprehensive program to provide flows to allow sufficient 

spawning, incubation, rearing, and outmigration for salmon and steelhead from Whiskeytown 

Dam as determined by instream flow studies conducted by the California Department of Fish 

and Game after Clear Creek has been restored and a new fish ladder has been constructed at 

the McCormick-Saeltzer Dam. Costs associated with channel restoration, passage 

improvements, and fish ladder construction required by this paragraph shall be allocated 50 

percent to the United States as a nonreimbursable expenditure and 50 percent to the State of 
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California. Costs associated with providing the flows required by this paragraph shall be 

allocated among project purposes.

(13) Develop and implement a continuing program for the purpose of restoring and 

replenishing, as needed, spawning gravel lost due to the construction and operation of Central 

Valley Project dams, bank protection projects, and other actions that have reduced the 

availability of spawning gravel and rearing habitat in the Upper Sacramento River from 

Keswick Dam to Red Bluff Diversion Dam in the American and Stanislaus Rivers downstream 

from the Nimbus and Goodwin Dams, respectively. The program shall include preventive 

measures, such as re-establishment of meander belts and limitations on future bank protection 

activities, in order to avoid further losses of instream and riparian habitat. Costs associated 

with implementation of this paragraph shall be reimbursed in accordance with the following 

formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent shall be 

considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of 

California.

(14) Develop and implement a program which provides for modified operations and new or 

improved control structures at the Delta Cross Channel and Georgiana Slough during times 

when significant numbers of striped bass eggs, larvae, and juveniles approach the Sacramento 

River intake to the Delta Cross Channel or Georgiana Slough. Costs associated with 

implementation of this paragraph shall be reimbursed in accordance with the following 

formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent shall be 

considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of 

California.

(15) Construct, in cooperation with the State of California and in consultation with local 

interests, a barrier at the head of Old River in the Sacramento-San Joaquin Delta to be 

operated on a seasonal basis to increase the survival of young outmigrating salmon that are 

diverted from the San Joaquin River to Central Valley Project and State Water Project 

pumping plants and in a manner that does not significantly impair the ability of local entities to 

divert water. The costs associated with implementation of this paragraph shall be reimbursed 

in accordance with the following formula: 37.5 percent shall be reimbursed as main project 

features, 37.5 percent shall be considered a nonreimbursable Federal expenditure, and 25 

percent shall be paid by the State of California.

(16) Establish, in cooperation with independent entities and the State of California, a 

comprehensive assessment program to monitor fish and wildlife resources in the Central 

Valley to assess the biological results and effectiveness of actions implemented pursuant to this 

subsection. 37.5 percent of the costs associated with implementation of this paragraph shall be 

reimbursed as main project features, 37.5 percent shall be considered a nonreimbursable 

Federal expenditure, and 25 percent shall be paid by the State of California.

(17) Develop and implement a program to resolve fishery passage problems at the AndersonCottonwood Irrigation District Diversion Dam as well as upstream stranding problems related 

to Anderson-Cottonwood Irrigation District Diversion Dam operations. Costs associated with 

implementation of this paragraph shall be allocated 50 percent to the United States as a 

nonreimbursable expenditure and 50 percent to the State of California.

(18) If requested by the State of California, assist in developing and implementing 

management measures to restore the striped bass fishery of the Bay-Delta estuary. Such 

measures shall be coordinated with efforts to protect and restore native fisheries. Costs 

associated with implementation of this paragraph shall be allocated 50 percent to the United 
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States and 50 percent to the State of California. The United States’ share of costs associated 

with implementation of this paragraph shall be nonreimbursable.

(19) Reevaluate existing operational criteria in order to maintain minimum carryover storage at 

Sacramento and Trinity River reservoirs to protect and restore the anadromous fish of the 

Sacramento and Trinity Rivers in accordance with the mandates and requirements of this 

subsection and subject to the Secretary’s responsibility to fulfill all project purposes, including 

agricultural water delivery.

(20) Participate with the State of California and other federal agencies in the implementation 

of the on-going program to mitigate fully for the fishery impacts associated with operations of 

the Glenn-Colusa Irrigation District’s Hamilton City Pumping Plant. Such participation shall 

include replacement of the defective fish screens and fish recovery facilities associated with the 

Hamilton City Pumping Plant. This authorization shall not be deemed to supersede or alter 

existing authorizations for the participation of other federal agencies in the mitigation 

program. Seventy-five percent shall be considered a nonreimbursable Federal expenditure, and 

25 percent shall be paid by the State of California.

(21) Assist the State of California in efforts to develop and implement measures to avoid 

losses of juvenile anadromous fish resulting from unscreened or inadequately screened 

diversions on the Sacramento and San Joaquin rivers, their tributaries, the Sacramento-San 

Joaquin Delta, and the Suisun Marsh. Such measures shall include but shall not be limited to 

construction of screens on unscreened diversions, rehabilitation of existing screens, 

replacement of existing non-functioning screens, and relocation of diversions to less fisherysensitive areas. The Secretary’s share of costs associated with activities authorized under this 

paragraph shall not exceed 50 percent of the total cost of any such activity.

(22) Provide such incentives as the Secretary determines to be appropriate or necessary, 

consistent with the goals and objectives of this title, to encourage farmers to participate in a 

program, which the Secretary shall develop, under which such farmers will keep fields flooded 

during appropriate time periods for the purposes of waterfowl habitat creation and 

maintenance and for Central Valley Project yield enhancement; Provided, That such incentives 

shall not exceed $2,000,000 annually, either directly or through credits against other 

contractual payment obligations, including the pricing waivers authorized under subsection 

3405(d) of this title; Provided further, That the holder of the water contract shall pass such 

incentives through to farmers participating in the program, less reasonable contractor costs, if 

any; And provided further, That such water may be transferred subject to section 3405(a) of 

this title only if the farmer waives all rights to such incentives. This provision shall terminate 

by the year 2002.

(23) In order to meet Federal trust responsibilities to protect the fishery resources of the 

Hoopa Valley Tribe, and to meet the fishery restoration goals of the Act of October 24, 1984, 

Pub. L. 98-541, provide through the Trinity River Division, for water years 1992 through 1996, 

an instream release of water to the Trinity River of not less than 340,000 acre-feet per year for 

the purposes of fishery restoration, propagation, and maintenance and,

(A) By September 30, 1996, the Secretary, after consultation with the Hoopa Valley Tribe, 

shall complete the Trinity River Flow Evaluation Study currently being conducted by the 

U.S. Fish and Wildlife Service under the mandate of the Secretarial Decision of January 14, 

1981, in a manner which insures the development of recommendations, based on the best 

available scientific data, regarding permanent instream fishery flow requirements and Trinity 
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River Division operating criteria and procedures for the restoration and maintenance of the 

Trinity River fishery; and

(B) Not later than December 31, 1996, the Secretary shall forward the recommendations of 

the Trinity River Flow Evaluation Study, referred to in subparagraph (A) of this paragraph, 

to the Committee on Energy and Natural Resources and the Select Committee on Indian 

Affairs of the Senate and the Committee on Interior and Insular Affairs and the Committee 

on Merchant Marine and Fisheries of the House of Representatives. If the Secretary and the 

Hoopa Valley Tribe concur in these recommendations, any increase to the minimum Trinity 

River instream fishery releases established under this paragraph and the operating criteria 

and procedures referred to in subparagraph (A) shall be implemented accordingly. If the 

Hoopa Valley Tribe and the Secretary do not concur, the minimum Trinity River instream 

fishery releases established under this paragraph shall remain in effect unless increased by 

an Act of Congress, appropriate judicial decree, or agreement between the Secretary and the 

Hoopa Valley Tribe. Costs associated with implementation of this paragraph shall be 

reimbursable as operation and maintenance expenditures pursuant to existing law.

If the Secretary and the State of California determine that long-term natural fishery 

productivity in all Central Valley Project controlled rivers and streams resulting from 

implementation of this section exceeds that which existed in the absence of Central Valley 

Project facilities, the costs of implementing those measures which are determined to 

provide such enhancement shall become credits to offset reimbursable costs associated with 

implementation of this subsection.

(c) San Joaquin and Stanislaus Rivers.--The Secretary shall, by not later than September 30, 1996:

(1) Develop a comprehensive plan, which is reasonable, prudent, and feasible, to address fish, 

wildlife, and habitat concerns on the San Joaquin River, including but not limited to the 

streamflow, channel, riparian habitat, and water quality improvements that would be needed to 

reestablish where necessary and to sustain naturally reproducing anadromous fisheries from 

Friant Dam to its confluence with the San Francisco Bay/Sacramento-San Joaquin Delta 

Estuary. Such plan shall be developed in cooperation with the California Department of Fish 

and Game and in coordination with the San Joaquin River Management Program under 

development by the State of California; shall comply with and contain any documents required 

by the National Environmental Policy Act and contain findings setting forth the basis for the 

Secretary’s decision to adopt and implement the plan as well as recommendations concerning 

the need for subsequent Congressional action, if any; and shall incorporate, among other

relevant factors, the potential contributions of tributary streams as well as the alternatives to be 

investigated under paragraph (2) of this subsection. During the time that the Secretary is 

developing the plan provided for in this subsection, and until such time as Congress has 

authorized the Secretary to implement such plan, with or without modifications, the Secretary 

shall not, as a measure to implement this title, make releases for the restoration of flows 

between Gravelly Ford and the Mendota Pool and shall not thereafter make such releases as a 

measure to implement this title without a specific Act of Congress authorizing such releases. 

In lieu of such requirement, and until such time as flows of sufficient quantity, quality and 

timing are provided at and below Gravelly Ford to meet the anadromous fishery needs 

identified pursuant to such plan, if any, entities who receive water from the Friant Division of 

the Central Valley Project shall be assessed, in addition to all other applicable charges, a $4.00 

per acre-foot surcharge for all Project water delivered on or before September 30, 1997; a 

$5.00 per acre-foot surcharge for all Project water delivered after September 30, 1997 but on 
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or before September 30, 1999; and a $7.00 per acre-foot surcharge for all Project water 

delivered thereafter, to be covered into the Restoration Fund.

(2) In the course of preparing the Stanislaus River Basin and Calaveras River Water Use 

Program Environmental Impact Statement and in consultation with the State of California, 

affected counties, and other interests, evaluate and determine existing and anticipated future 

basin needs in the Stanislaus River Basin. In the course of such evaluation, the Secretary shall 

investigate alternative storage, release, and delivery regimes, including but not limited to 

conjunctive use operations, conservation strategies, exchange arrangements, and the use of 

base and channel maintenance flows, in order to best satisfy both basin and out-of-basin needs 

consistent, on a continuing basis, with the limitations and priorities established in the Act of 

October 23, 1962 (76 Stat. 173). For the purposes of this subparagraph, “basin needs” shall 

include water supply for agricultural, municipal and industrial uses, and maintenance and 

enhancement of water quality, and fish and wildlife resources within the Stanislaus River Basin 

as established by the Secretary’s June 29, 1981 Record of Decision; and “out-of-basin” needs 

shall include all such needs outside of the Stanislaus River Basin, including those of the San 

Francisco Bay/Sacramento-San Joaquin Delta Estuary and those of the San Joaquin River 

under paragraph (1) of this subsection.

(d) Central Valley Refuges and Wildlife Habitat Areas.--In support of the objectives of the 

Central Valley Habitat Joint Venture and in furtherance of the purposes of this title, the Secretary 

shall provide, either directly or through contractual agreements with other appropriate parties, 

firm water supplies of suitable quality to maintain and improve wetland habitat areas on units of 

the National Wildlife Refuge System in the Central Valley of California; on the Gray Lodge, Los 

Banos, Volta, North Grasslands, and Mendota state wildlife management areas; and on the 

Grasslands Resources Conservation District in the Central Valley of California.

(1) Upon enactment of this title, the quantity and delivery schedules of water measured at the 

boundaries of each wetland habitat area described in this paragraph shall be in accordance with 

Level 2 of the “Dependable Water Supply Needs” table for those habitat areas as set forth in 

the Refuge Water Supply Report and two-thirds of the water supply needed for full habitat 

development for those habitat areas identified in the San Joaquin Basin Action 

Plan/Kesterson Mitigation Action Plan Report prepared by the Bureau of Reclamation. Such 

water shall be provided through long-term contractual agreements with appropriate parties and 

shall be supplemented by the increment of water provided for in paragraph (1) of this 

subsection; Provided, That the Secretary shall be obligated to provide such water whether or 

not such long-term contractual agreements are in effect. In implementing this paragraph, the 

Secretary shall endeavor to diversify sources of supply in order to minimize possible adverse 

effects upon Central Valley Project contractors.

(2) Not later than ten years after enactment of this title, the quantity and delivery schedules of 

water measured at the boundaries of each wetland habitat area described in this paragraph shall 

be in accordance with Level 4 of the “Dependable Water Supply Needs” table for those 

habitat areas as set forth in the Refuge Water Supply Report and the full water supply needed 

for full habitat development for those habitat areas identified in the San Joaquin Basin Action 

Plan/Kesterson Mitigation Action Plan Report prepared by the Bureau of Reclamation. The 

quantities of water required to supplement the quantities provided under paragraph (1) of this 

subsection shall be acquired by the Secretary in cooperation with the State of California and in 

consultation with the Central Valley Habitat Joint Venture and other interests in cumulating 

increments of not less than ten percent per annum through voluntary measures which include 
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water conservation, conjunctive use, purchase, lease, donations, or similar activities, or a 

combination of such activities which do not require involuntary reallocations of project yield.

(3) All costs associated with implementation of paragraph (1) of this subsection shall be 

reimbursable pursuant to existing law. Incremental costs associated with implementation of 

paragraph (2) of this subsection shall be fully allocated in accordance with the following 

formula: 75 percent shall be deemed a nonreimbursable Federal expenditure; and 25 percent

shall be allocated to the State of California for recovery through direct reimbursements or 

through equivalent in-kind contributions.

(4) The Secretary may temporarily reduce deliveries of the quantity of water dedicated under 

paragraph (1) of this subsection up to 25 percent of such total whenever reductions due to 

hydrologic circumstances are imposed upon agricultural deliveries of Central Valley Project 

water; Provided, That such reductions shall not exceed in percentage terms the reductions 

imposed on agricultural service contractors. For the purpose of shortage allocation, the 

priority or priorities applicable to the increment of water provided under paragraph (2) of this 

subsection shall be the priority or priorities which applied to the water in question prior to its 

transfer to the purpose of providing such increment.

(5) The Secretary is authorized and directed to construct or to acquire from non-Federal 

entities such water conveyance facilities, conveyance capacity, and wells as are necessary to 

implement the requirements of this subsection; Provided, That such authorization shall not 

extend to conveyance facilities in or around the Sacramento-San Joaquin Delta Estuary. 

Associated construction or acquisition costs shall be reimbursable pursuant to existing law in 

accordance with the cost allocations set forth in paragraph (3) of this subsection.

(6) The Secretary, in consultation with the State of California, the Central Valley Habitat Joint 

Venture, and other interests, shall investigate and report on the following supplemental actions 

by not later than September 30, 1997:

(A) Alternative means of improving the reliability and quality of water supplies currently 

available to privately owned wetlands in the Central Valley and the need, if any, for 

additional supplies; and

(B) Water supply and delivery requirements necessary to permit full habitat development 

for water dependent wildlife on 120,000 acres supplemental to the existing wetland habitat 

acreage identified in Table 8 of the Central Valley Habitat Joint Venture’s “Implementation 

Plan” dated April 19, 1990, as well as feasible means of meeting associated water supply 

requirements.

(e) Supporting Investigations.--Not later than five years after the date of enactment of this title, 

the Secretary shall investigate and provide recommendations to the Committee on Energy and 

Natural Resources of the Senate and the Committees on Interior and Insular Affairs and 

Merchant Marine and Fisheries of the House on the feasibility, costs, and desirability of 

developing and implementing each of the following, including, but not limited to, the impact on 

the project, its users, and the State of California:

(1) Measures to maintain suitable temperatures for anadromous fish survival in the Sacramento 

and San Joaquin rivers and their tributaries, and the Sacramento-San Joaquin Delta by 

controlling or relocating the discharge of irrigation return flows and sewage effluent, and by 

restoring riparian forests;
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(2) Opportunities for additional hatchery production to mitigate the impacts of water 

development and operations on, or enhance efforts to increase Central Valley fisheries; 

Provided, That additional hatchery production shall only be used to supplement or to reestablish natural production while avoiding adverse effects on remaining wild stocks;

(3) Measures to eliminate barriers to upstream and downstream migration of salmonids in the 

Central Valley, including but not limited to screening programs, barrier removal programs and 

programs for the construction or rehabilitation of fish ladders on tributary streams;

(4) Installation and operation of temperature control devices at Trinity Dam and Reservoir to 

assist in the Secretary’s efforts to conserve cold water for fishery protection purposes;

(5) Measures to provide for modified operations and new or improved control structures at 

the Delta Cross Channel and Georgiana Slough to assist in the successful migration of 

anadromous fish; and

(6) Other measures which the Secretary determines would protect, restore, and enhance 

natural production of salmon and steel-head trout in tributary streams of the Sacramento and 

San Joaquin Rivers, including but not limited to the Merced, Mokelumne, and Calaveras Rivers 

and Battle, Butte, Deer, Elder, Mill, and Thomes Creeks.

(f) Report of Project Fishery Impacts.--The Secretary, in consultation with the Secretary of 

Commerce, the State of California, appropriate Indian tribes, and other appropriate public and 

private entities, shall investigate and report on all effects of the Central Valley Project on 

anadromous fish populations and the fisheries, communities, tribes, businesses and other 

interests and entities that have now or in the past had significant economic, social or cultural 

association with those fishery resources. The Secretary shall provide such report to the 

Committee on Energy and Natural Resources of the Senate and the Committees on Interior and 

Insular Affairs and Merchant Marine and Fisheries of the House of Representatives not later than 

two years after the date of enactment of this title.

(g) Ecosystem and Water System Operations Models.--The Secretary, in cooperation with the 

State of California and other relevant interests and experts, shall develop readily usable and 

broadly available models and supporting data to evaluate the ecologic and hydrologic effects of 

existing and alternative operations of public and private water facilities and systems in the 

Sacramento, San Joaquin, and Trinity River watersheds. The primary purpose of this effort shall 

be to support the Secretary’s efforts in fulfilling the requirements of this title through improved 

scientific understanding concerning, but not limited to, the following:

(1) A comprehensive water budget of surface and groundwater supplies, considering all 

sources of inflow and outflow available over extended periods;

(2) Related water quality conditions and improvement alternatives, including improved 

temperature prediction capabilities as they relate to storage;

(3) Surface-ground and stream-wetland interactions;

(4) Measures needed to restore anadromous fisheries to optimum and sustainable levels in 

accordance with the restored carrying capacities of Central Valley rivers, streams, and riparian 

habitats;

(5) Development and use of base flows and channel maintenance flows to protect and restore 

natural channel and riparian habitat values;
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(6) Implementation of operational regimes at State and Federal facilities to increase springtime 

flow releases, retain additional floodwaters, and assist in restoring both upriver and downriver 

riparian habitats;

(7) Measures designed to reach sustainable harvest levels of resident and anadromous fish, 

including development and use of systems of tradeable harvest rights;

(8) Opportunities to protect and restore wetland and upland habitats throughout the Central 

Valley;

(9) Measures to enhance the firm yield of existing Central Valley Project facilities, including 

improved management and operations, conjunctive use opportunities, development of 

offstream storage, levee setbacks, and riparian restoration.

All studies and investigations shall take into account and be fully consistent with the fish, 

wildlife, and habitat protection and restoration measures required by this title or by any other 

state or federal law. Seventy-five percent of the costs associated with implementation of this 

subsection shall be borne by the United States as a nonreimbursable cost; the remaining 25 

percent shall be borne by the State of California.

(h) The Secretary shall enter into a binding cost-share agreement with the State of California with 

respect to the timely reimbursement of costs allocated to the State in this title. Such agreement 

shall provide for consideration of the value of direct reimbursements, specific contributions to 

the Restoration Fund, and water, conveyance capacity, or other contributions in-kind that would 

supplement existing programs and that would, as determined by the Secretary, materially 

contribute to attainment of the goals and objectives of this title.