II 

116TH CONGRESS 

2D SESSION S. 3811 

To provide financial assistance for projects to address certain subsidence 

impacts in the State of California, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide financial assistance for projects to address certain 

subsidence impacts in the State of California, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoration of Essen5 tial Conveyance Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to address severe subsidence impacts that 

9 have substantially reduced the carrying capacity of 

10 the water delivery system of the State; and 


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1 (2) to provide additional water supply in the 

2 State at a relatively low cost per acre-foot to in3 crease— 

4 (A) resiliency to increasingly severe 

5 droughts in the State; and 

6 (B) groundwater recharge needed to assist 

7 in meeting groundwater sustainability goals es8 tablished under State law. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) FEDERAL POOL.—The term ‘‘Federal pool’’ 

12 means each of pools 13 through 21 of the San Luis 

13 Canal/California Aqueduct, which are owned by the 

14 United States and operated by the California De15 partment of Water Resources under the agreement 

16 entitled ‘‘Agreement Between the United States of 

17 America and the Department of Water Resources of 

18 the State of California for the Construction and Op19 eration of the Joint-Use Facilities of the San Luis 

20 Unit’’ and dated December 30, 1961. 

21 (2) NON-FEDERAL POOL.—The term ‘‘non-Fed22 eral pool’’ means each of pools 22 through 40 of the 

23 California Aqueduct, which are owned by the State 

24 of California and operated by the California Depart25 ment of Water Resources. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the 

3 Commissioner of Reclamation. 

4 (4) STATE.—The term ‘‘State’’ means the State 

5 of California. 

6 SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL 

7 SUBSIDENCE MITIGATION PROJECTS. 

8 (a) IN GENERAL.—The Secretary may provide finan9 cial assistance for the design, planning, and construction 

10 of— 

11 (1) a project to restore conveyance capacity at, 

12 and to mitigate subsidence-related impacts on, the 

13 Friant-Kern Canal, through a partnership with a 

14 public water agency that, as of the date of enact15 ment of this Act, is under contract with the United 

16 States for the operation and maintenance of the 

17 Friant-Kern Canal; and 

18 (2) a project to restore conveyance capacity at, 

19 and to mitigate subsidence-related impacts on, the 

20 Delta-Mendota Canal, through a partnership with— 

21 (A) a public water agency that contracts 

22 for the delivery of Central Valley Project water; 

23 or 

24 (B) a local joint powers authority formed 

25 under State law by public water agencies that 


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1 contract for the delivery of Central Valley 

2 Project water. 

3 (b) COST-SHARING REQUIREMENT.— 

4 (1) FEDERAL SHARE.—The Federal share of 

5 the cost of carrying out a project under subsection 

6 (a) shall be— 

7 (A) not more than 50 percent; and 

8 (B) nonreimbursable. 

9 (2) FORM OF NON-FEDERAL SHARE.—The non10 Federal share of the cost of carrying out a project 

11 under subsection (a) may be provided in the form of 

12 cash or in-kind contributions. 

13 (c) REQUIRED DETERMINATION BY SECRETARY.— 

14 The Secretary shall not make Federal funds available for 

15 a project under subsection (a) until the date on which the 

16 Secretary determines that the project is designed in a 

17 manner— 

18 (1) to satisfy the purposes described in section 

19 2, after taking into account anticipated future sub20 sidence; and 

21 (2) to comply with all applicable requirements 

22 of Federal and State law, including part 2.74 of di23 vision 6 of the California Water Code (commonly 

24 known as the ‘‘California Sustainable Groundwater 

25 Management Act’’). 


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1 SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION 

2 PROJECT. 

3 (a) IN GENERAL.—The Secretary may provide finan4 cial assistance for the design, planning, and construction 

5 of projects to restore conveyance capacity at, and to miti6 gate subsidence-related impacts on, the Federal pool and 

7 non-Federal pool. 

8 (b) NON-FEDERAL PARTNERS.—To carry out this 

9 section, the Secretary may enter into partnerships with— 

10 (1) the State; or 

11 (2) a local joint powers authority formed under 

12 State law by public water agencies that contract for 

13 delivery of water from the Central Valley Project or 

14 the State Water Project. 

15 (c) COST-SHARING REQUIREMENT.— 

16 (1) FEDERAL POOLS.—The Federal share of 

17 the cost of a project for a Federal pool under sub18 section (a) shall— 

19 (A) be not more than 50 percent; 

20 (B) be nonreimbursable; and 

21 (C) apply to any costs incurred by a 

22 project beneficiary under this section. 

23 (2) NON-FEDERAL POOLS.—The Federal share 

24 of the cost of a project for a non-Federal pool under 

25 subsection (a) shall be— 

26 (A) not more than 25 percent; and 


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1 (B) nonreimbursable. 

2 (3) FORM OF NON-FEDERAL SHARE.—The non3 Federal share of the cost of a project provided finan4 cial assistance under subsection (a) may be in the 

5 form of cash or in-kind contributions. 

6 (d) REQUIRED DETERMINATION BY SECRETARY.— 

7 Federal funds shall not be made available for a project 

8 under subsection (a) until the date on which the Secretary 

9 determines, with the concurrence of the Governor of the 

10 State, that the project is designed in a manner— 

11 (1) to satisfy the purposes described in section 

12 2, after taking into account anticipated future sub13 sidence; and 

14 (2) to comply with all applicable requirements 

15 of Federal and State law, including part 2.74 of di16 vision 6 of the California Water Code (commonly 

17 known as the ‘‘California Sustainable Groundwater 

18 Management Act’’). 

19 SEC. 6. ENVIRONMENTAL COMPLIANCE. 

20 In carrying out a project under this Act, the Sec21 retary shall comply with applicable environmental laws, in22 cluding— 

23 (1) the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.); 


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1 (2) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.); and 

3 (3) applicable State law. 

4 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated to the Secretary— 

7 (1) $200,000,000 to carry out section 4(a)(1); 

8 (2) $200,000,000 to carry out section 4(a)(2); 

9 (3) $100,000,000 to pay the Federal share 

10 under section 5(c)(1); 

11 (4) $100,000,000 to pay the Federal share 

12 under section 5(c)(2); and 

13 (5) $200,000,000 (at February 2020 price lev14 els) to implement the Restoration Goal of the settle15 ment described in section 10004 of the San Joaquin 

16 River Restoration Settlement Act (Public Law 111– 

17 11; 123 Stat. 1350), in addition to the funding au18 thorized in section 10009 of that Act. 

19 (b) LIMITATIONS.—Amounts made available under 

20 subsection (a) may not be used— 

21 (1) to build new surface storage; 

22 (2) to raise existing reservoirs; or 

23 (3) to enlarge the carrying capacity of a canal 

24 constructed by the Bureau of Reclamation, except 


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1 for a temporary increase in carrying capacity that is 

2 intended— 

3 (A) to mitigate anticipated future subsid4 ence; and 

5 (B) to avoid an increase in carrying capac6 ity that would otherwise be required on the oc7 currence of anticipated future subsidence. 

8 (c) ADDITIONAL AMOUNTS.—Amounts made avail9 able under subsection (a) shall be— 

10 (1) in addition to any other amounts made 

11 available for the purposes described in that sub12 section; and 

13 (2) nonreimbursable. 

Æ 


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