59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–647 

SAVE OUR SALMON ACT 

JUNE 28, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4582] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4582) to exclude striped bass from the anadromous fish 

doubling requirement in section 3406(b)(1) of the Central Valley 

Project Improvement Act, and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Save Our Salmon Act’’ or the ‘‘SOS Act’’. 

SEC. 2. LEGISLATIVE FINDINGS. 

Congress finds the following: 

(1) California is home to many populations of native salmon and steelhead. 

(2) Many of the native salmon and steelhead populations in California are 

listed under the Endangered Species Act of 1973. 

(3) The Central Valley Project Improvement Act (CVPIA) required a doubling 

of natural production of Central Valley populations of anadromous fish within 

10 years. 

(4) Striped bass are anadromous fish indigenous to the East Coast of the 

United States and are not native to the State of California. 

(5) Striped bass were included in the CVPIA’s fish doubling goal even though 

they are not a native species. 

(6) Striped bass prey on native salmon and steelhead. 

(7) Predation poses a serious threat to federally protected juvenile salmon and 

other native fish in California. 

(8) According to the National Marine Fisheries Service, reducing abundance 

of striped bass and other non-native predators must be achieved to prevent extinction of Central Valley salmon and steelhead or to prevent the species from 

declining irreversibly. 

(9) Therefore, the CVPIA’s fish-doubling goal for two competing species is contradictory and counterproductive for salmon and steelhead recovery. 


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SEC. 3. TREATMENT OF STRIPED BASS. 

(a) ANADROMOUS FISH.—Section 3403(a) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575) is amended by striking ‘‘striped 

bass,’’ after ‘‘stocks of salmon (including steelhead),’’. 

(b) FISH AND WILDLIFE RESTORATION ACTIVITIES.—Section 3406(b) of the Central 

Valley Project Improvement Act (title XXXIV of Public Law 102–575) is amended 

by— 

(1) striking paragraphs (14) and (18); 

(2) redesignating paragraphs (15) through (17) as paragraphs (14) through 

(16), respectively; and 

(3) redesignating paragraphs (19) through (23) as paragraphs (17) through 

(21), respectively. 

(c) RESTORATION FUND ESTABLISHED.—Section 3407(a) of the Central Valley 

Project Improvement Act (title XXXIV of Public Law 102–575) is amended by striking ‘‘(10)–(18), and (20)–(22)’’ and inserting ‘‘(10)–(16), and (18)–(20)’’. 

PURPOSE OF THE BILL

The purpose of H.R. 4582 is to exclude striped bass from the 

anadromous fish doubling requirement in section 3406(b)(1) of the 

Central Valley Project Improvement Act. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4582, as amended, removes contradictions in federal law 

that promote a non-native fish species that have been proven to devour salmon and other native species in parts of California. The removal of these statutory provisions is ultimately aimed at enhancing endangered and other native fish populations. 

The U.S. West Coast is home to a number of native and federally 

endangered or threatened fish species. The latter includes 28 subpopulations of steelhead and salmon in California and the Pacific 

Northwest that have been listed by the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service 

(NMFS) under the Endangered Species Act (ESA). Although some 

salmon runs have experienced record and near record returns in 

certain areas, many continue to face a number of ‘‘stressors’’ that 

complicate their survivability, recovery and eventual delisting. One 

such stressor, according to NMFS, is non-native species predation 

that causes endangerment of 48 percent of the species listed under 

the federal ESA. For example, Caspian terns, the northern 

pikeminnow, cormorants, sea lions and striped bass are a few of 

the native and non-native species on the West Coast that prey on 

salmon fisheries. H.R. 4582 is a bipartisan effort aimed at recovering salmon and Delta smelt populations in parts of California 

through the elimination of specific federal statutory provisions that 

promote the non-indigenous, predatory striped bass. 

Indigenous to the East Coast of the United States, striped bass 

were first introduced into California’s Sacramento/San Joaquin 

Bay-Delta (Bay-Delta) in 1879 for sport and recreational fishing 

purposes. Some believe this species poses a direct predatory threat 

to ESA-listed and other fish species in the Bay-Delta. Specifically, 

the California Department of Fish and Wildlife estimates that 

striped bass may consume upwards of 2550 percent of winter and 

spring run Chinook salmon. In its 2009 Recovery Plan for winter 

and spring run Chinook salmon, NMFS identified predation of juvenile salmon as one of the primary specific stressors to these species and advocated for reducing the population of striped bass to 

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versibly.’’ In addition, as part of the Federal Energy Regulatory 

Commission’s relicensing of Don Pedro Dam, a February 2013 report found that 93 percent of juvenile salmon smolts perished on 

the Tuolumne River from striped bass predation. Recovering salmon and other federally endangered/threatened species will help promote a healthy fishery and could increase water diversions for 

human populations if the species are de-listed from the federal 

ESA. 

In a February 10, 2016, Water, Power and Oceans Subcommittee 

oversight hearing on predation, a NMFS witness testified that 

some salmonid populations in California are, ‘‘extremely low due to 

an abundance of striped bass.’’ One focus of that hearing was the 

Central Valley Project Improvement Act’s (CVPIA, Public Law 

102575) statutory goal to at least double the natural production of 

anadromous fish, which includes both salmon and striped bass. The 

federal Bureau of Reclamation, an agency that administers water 

supply deliveries from the Central Valley Project (CVP) and is also 

charged with implementing the CVPIA, has taken a number of actions that have helped augment striped bass populations. These include funding programs aimed at minimizing CVP entrainment 

losses of striped bass eggs, larvae, and young in water intake facilities at the Tracy Fish Collection Facility; programs to reduce 

striped bass losses during fish screen salvage, handling, trucking 

and fish release operations at CVP facilities; and funding for reducing predation of striped bass at Reclamation water intake structures. The CVPIA and the federal government’s implementation activities outlined above that enhance the non-indigenous and predatory striped bass in contradiction to the goals of the ESA. 

H.R. 4582 eliminates this ongoing federal conflict between protecting striped bass and endangered salmon in California. Water 

agencies, including the Association of California Water Agencies, 

the Metropolitan Water District of Southern California, the San 

Luis Delta Mendota Water Authority and others directly impacted 

by the abundance of these federally-protected native fish species 

support this bill. The Administration also supports the bill, as 

amended. At the Subcommittee’s April 20, 2016, legislative hearing 

on H.R. 4582, the Administration specifically testified: 

In consideration of the striped bass’s function as a fish 

that contributes to mortality for listed species and is not 

native to the Bay-Delta or even California, the [Interior] 

Department has no concern with the removal of striped 

bass from the CVPIA’s fish doubling goals. 

In addition, the Administration proposed additional modifications 

aimed at clarifying the intent of the bill. The Natural Resources 

Committee adopted an amendment which incorporated these modifications at a June 15, 2016, markup. H.R. 4582, as amended, aims 

to help ensure that non-native predation in the Bay-Delta does not 

impede recovery efforts for ESA-listed fish species. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title 

This section states the short title of the bill as the ‘‘Save Our 

Salmon Act’’ or the ‘‘SOS Act’’. 


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Section 2. Legislative findings 

Section 2 lists findings related to the abundance of anadromous, 

non-native striped bass in California. 

Section 3. Treatment of striped bass 

This section, as amended, amends Section 3403(a), Section 

3406(b) and Section 3407(a) of the CVPIA to exempt striped bass 

from its requirements to double the natural production of anadromous fish species and to strike specific actions related to striped 

bass recovery. 

COMMITTEE ACTION

H.R. 4582 was introduced on February 23, 2016, by Congressman 

Jeff Denham (RCA). The bill was referred to the Committee on 

Natural Resources, and within the Committee, the bill was referred 

to the Subcommittee on Water, Power and Oceans. On April 20, 

2016, the Subcommittee held a hearing on the bill. On June 14, 

2016, the Natural Resources Committee met to consider the bill. 

The Subcommittee on Water, Power and Oceans was discharged by 

unanimous consent. Congressman Jeff Denham offered an amendment designated 056; it was adopted by unanimous consent. No additional amendments were offered, and the bill, as amended, was 

ordered favorably reported to the House of Representatives by 

unanimous consent on June 15, 2016. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 24, 2016. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4582, the Save Our Salmon Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 4582—Save Our Salmon Act 

H.R. 4582 would remove striped bass from the list of fish populations that the Bureau of Reclamation (BOR) is tasked with doubling in the Sacramento and San Joaquin rivers in California. 

Based on information from the BOR, CBO estimates that enacting 

the legislation would not affect the federal budget because activities such as installing diversion screens near water intake or 

pumping structures protect many other fish species and the BOR 

would continue those activities. 

Because enacting the legislation would not affect direct spending 

or revenues, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 4582 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-years periods 

beginning in 2027. 

H.R. 4582 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Aurora Swanson. This 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill to exclude striped bass from the anadromous fish doubling requirement in section 3406(b)(1) of the Central Valley 

Project Improvement Act. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 


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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

CENTRAL VALLEY PROJECT IMPROVEMENT ACT 

TITLE XXXIV—CENTRAL VALLEY PROJECT 

IMPROVEMENT ACT 

SEC. 3401. SHORT TITLE. 

This title may be cited as the ‘‘Central Valley Project Improvement Act’’. 

* * * * * * * 

SEC. 3403. DEFINITIONS. 

As used in this title— 

(a) the term ‘‘anadromous fish’’ means those stocks of salmon 

(including steelhead), østriped bass,¿ sturgeon, and American 

shad that ascend the Sacramento and San Joaquin rivers and 

their tributaries and the Sacramento-San Joaquin Delta to reproduce after maturing in San Francisco Bay or the Pacific 

Ocean; 

(b) the terms ‘‘artificial propagation’’ and ‘‘artificial production’’ mean spawning, incubating, hatching, and rearing fish in 

a hatchery or other facility constructed for fish production; 

(c) the term ‘‘Central Valley Habitat Joint Venture’’ means 

the association of Federal and State agencies and private parties established for the purpose of developing and implementing the North American Waterfowl Management Plan as 

it pertains to the Central Valley of California; 


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(d) the terms ‘‘Central Valley Project’’ or ‘‘project’’ mean all 

Federal reclamation projects located within or diverting water 

from or to the watershed of the Sacramento and San Joaquin 

rivers and their tributaries as authorized by the Act of August 

26, 1937 (50 Stat. 850) and all Acts amendatory or supplemental thereto, including but not limited to the Act of October 

17, 1940 (54 Stat. 1198, 1199), Act of December 22, 1944 (58 

Stat. 887), Act of October 14, 1949 (63 Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of August 27, 1954 (68 

Stat. 879), Act of August 12, 1955 (69 Stat. 719), Act of June 

3, 1960 (74 Stat. 156), Act of October 23, 1962 (76 Stat. 1173), 

Act of September 2, 1965 (79 Stat. 615), Act of August 19, 1967 

(81 Stat. 167), Act of August 27, 1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), Act of September 28, 1976 (90 

Stat. 1324) and Act of October 27, 1986 (100 Stat. 3050); 

(e) the term ‘‘Central Valley Project service area’’ means that 

area of the Central Valley and San Francisco Bay Area where 

water service has been expressly authorized pursuant to the 

various feasibility studies and consequent congressional authorizations for the Central Valley Project; 

(f) the term ‘‘Central Valley Project water’’ means all water 

that is developed, diverted, stored, or delivered by the Secretary in accordance with the statutes authorizing the Central 

Valley Project and in accordance with the terms and conditions 

of water rights acquired pursuant to California law; 

(g) the term ‘‘full cost’’ has the meaning given such term in 

paragraph (3) of section 202 of the Reclamation Reform Act of 

1982; 

(h) the term ‘‘natural production’’ means fish produced to 

adulthood without direct human intervention in the spawning, 

rearing, or migration processes; 

(i) the term ‘‘Reclamation laws’’ means the Act of June 17, 

1902 (82 Stat. 388) and all Acts amendatory thereof or supplemental thereto; 

(j) the term ‘‘Refuge Water Supply Report’’ means the report 

issued by the Mid-Pacific Region of the Bureau of Reclamation 

of the U.S. Department of the Interior entitled Report on Refuge Water Supply Investigations, Central Valley Hydrologic 

Basin, California (March 1989); 

(k) the terms ‘‘repayment contract’’ and ‘‘water service contract’’ have the same meaning as provided in sections 9(d) and 

9(e) of the Reclamation Project Act of 1939 (53 Stat. 1187, 

1195), as amended; 

(l) the terms ‘‘Restoration Fund’’ and ‘‘Fund’’ mean the Central Valley Project Restoration Fund established by this title; 

and, 

(m) the term ‘‘Secretary’’ means the Secretary of the Interior. 

* * * * * * * 

SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION. 

(a) AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZATIONS.—Act of August 26, 1937.—Section 2 of the Act of August 26, 

1937 (chapter 832; 50 Stat. 850), as amended, is amended— 


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(1) in the second proviso of subsection (a), by inserting ‘‘and 

mitigation, protection, and restoration of fish and wildlife’’ 

after ‘‘Indian reservations,’’; 

(2) in the last proviso of subsection (a), by striking ‘‘domestic 

uses;’’ and inserting ‘‘domestic uses and fish and wildlife mitigation, protection and restoration purposes;’’ and by striking 

‘‘power’’ and inserting ‘‘power and fish and wildlife enhancement’’; 

(3) by adding at the end the following: ‘‘The mitigation for 

fish and wildlife losses incurred as a result of construction, operation, or maintenance of the Central Valley Project shall be 

based on the replacement of ecologically equivalent habitat and 

shall take place in accordance with the provisions of this title 

and concurrent with any future actions which adversely affect 

fish and wildlife populations or their habitat but shall have no 

priority over them.’’; and 

(4) by adding at the end the following: ‘‘(e) Nothing in this 

title shall affect the State’s authority to condition water rights 

permits for the Central Valley Project.’’ 

(b) FISH AND WILDLIFE RESTORATION ACTIVITIES.—The Secretary, 

immediately upon the enactment of this title, shall operate the 

Central Valley Project to meet all obligations under State and Federal law, including but not limited to the Federal Endangered Species Act, 16 U.S.C. 1531, et seq., and all decisions of the California 

State Water Resources Control Board establishing conditions on 

applicable licenses and permits for the project. The Secretary, in 

consultation with other State and Federal agencies, Indian tribes, 

and affected interests, is further authorized and directed to: 

(1) develop within three years of enactment and implement 

a program which makes all reasonable efforts to ensure that, 

by the year 2002, natural production of anadromous fish in 

Central Valley rivers and streams will be sustainable, on a 

long-term basis, at levels not less than twice the average levels 

attained during the period of 1967–1991; Provided, That this 

goal shall not apply to the San Joaquin River between Friant 

Dam and the Mendota Pool, for which a separate program is 

authorized under subsection 3406(c) of this title; Provided further, That the programs and activities authorized by this section shall, when fully implemented, be deemed to meet the 

mitigation, protection, restoration, and enhancement purposes 

established by subsection 3406(a) of this title; And provided 

further, That in the course of developing and implementing 

this program the Secretary shall make all reasonable efforts 

consistent with the requirements of this section to address 

other identified adverse environmental impacts of the Central 

Valley Project not specifically enumerated in this section. 

(A) This program shall give first priority to measures 

which protect and restore natural channel and riparian 

habitat values through habitat restoration actions, modifications to Central Valley Project operations, and implementation of the supporting measures mandated by this 

subsection; shall be reviewed and updated every five years; 

and shall describe how the Secretary intends to operate 

the Central Valley Project to meet the fish, wildlife, and 


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habitat restoration goals and requirements set forth in this 

title and other project purposes. 

(B) As needed to achieve the goals of this program, the 

Secretary is authorized and directed to modify Central 

Valley Project operations to provide flows of suitable quality, quantity, and timing to protect all life stages of anadromous fish, except that such flows shall be provided from 

the quantity of water dedicated to fish, wildlife, and habitat restoration purposes under paragraph (2) of this subsection; from the water supplies acquired pursuant to 

paragraph (3) of this subsection; and from other sources 

which do not conflict with fulfillment of the Secretary’s remaining contractual obligations to provide Central Valley 

Project water for other authorized purposes. Instream flow 

needs for all Central Valley Project controlled streams and 

rivers shall be determined by the Secretary based on recommendations of the United States Fish and Wildlife Service after consultation with the California Department of 

Fish and Game. 

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

the specific quantities of yield dedicated to and managed 

for fish and wildlife purposes under this title are credited 

against any additional obligations of the Central Valley 

Project which may be imposed by the State of California 

following enactment of this title, including but not limited 

to increased flow and reduced export obligations which 

may be imposed by the California State Water Resources 

Control Board in implementing San Francisco Bay/Sacramento-San Joaquin Delta Estuary standards pursuant to 

the review ordered by the California Court of Appeals in 

United States v. State Water Resources Control Board, 182 

Cal.App.3d 82 (1986), and that, to the greatest degree 

practicable, the programs and plans required by this title 

are developed and implemented in a way that avoids inconsistent or duplicative obligations from being imposed 

upon Central Valley Project water and power contractors. 

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

procedures. 

(2) upon enactment of this title dedicate and manage annually eight hundred thousand acre-feet of Central Valley Project 

yield for the primary purpose of implementing the fish, wildlife, and habitat restoration purposes and measures authorized 

by this title; to assist the State of California in its efforts to 

protect the waters of the San Francisco Bay/Sacramento-San 

Joaquin Delta Estuary; and to help to meet such obligations as 

may be legally imposed upon the Central Valley Project under 

State or Federal law following the date of enactment of this 

title, including but not limited to additional obligations under 

the Federal Endangered Species Act. For the purpose of this 

section, the term ‘‘Central Valley Project yield’’ means the delivery capability of the Central Valley Project during the 1928– 

1934 drought period after fishery, water quality, and other flow 

and operational requirements imposed by terms and conditions 


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existing in licenses, permits, and other agreements pertaining 

to the Central Valley Project under applicable State or Federal 

law existing at the time of enactment of this title have been 

met. 

(A) Such quantity of water shall be in addition to the 

quantities needed to implement paragraph 3406(d)(1) of 

this title and in addition to all water allocated pursuant to 

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

River for the purposes of fishery restoration, propagation, 

and maintenance; and shall be supplemented by all water 

that comes under the Secretary’s control pursuant to subsections 3406(b)(3), 3408(h)–(i), and through other measures consistent with subparagraph 3406(b)(1)(B) of this 

title. 

(B) Such quantity of water shall be managed pursuant 

to conditions specified by the United States Fish and Wildlife Service after consultation with the Bureau of Reclamation and the California Department of Water Resources 

and in cooperation with the California Department of Fish 

and Game. 

(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 

Plant. Such program shall include, but is not limited to improvement or replacement of the fish screens and fish recovery 

facilities and practices associated with the Tracy Pumping 

Plant. Costs associated with this paragraph shall be reimbursed in accordance with the following formula: 37.5 percent 

shall be reimbursed as main project features, 37.5 percent 


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shall be considered a nonreimbursable Federal expenditure, 

and 25 percent shall be paid by the State of California. The reimbursable share of funding for this and other facility repairs, 

improvements, and construction shall be allocated among 

project water and power users in accordance with existing 

project cost allocation procedures. 

(5) develop and implement a program to mitigate for fishery 

impacts resulting from operations of the Contra Costa Canal 

Pumping Plant No. 1. Such program shall provide for construction and operation of fish screening and recovery facilities, and 

for modified practices and operations. Costs associated with 

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

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

the State of California. 

(6) install and operate a structural temperature control device at Shasta Dam and develop and implement modifications 

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

to control water temperatures in the upper Sacramento River 

in order to protect anadromous fish in the upper Sacramento 

River. Costs associated with planning and construction of the 

structural temperature control device shall be reimbursed in 

accordance with the following formula: 37.5 percent shall be reimbursed as main project features, 37.5 percent shall be considered a nonreimbursable Federal expenditure, and 25 percent shall be paid by the State of California. 

(7) meet flow standards and objectives and diversion limits 

set forth in all laws and judicial decisions that apply to Central 

Valley Project facilities, including, but not limited to, provisions of this title and all obligations of the United States under 

the ‘‘Agreement Between the United States and the Department of Water Resources of the State of California for Coordinated Operation of the Central Valley Project and the State 

Water Project’’ dated May 20, 1985, as well as Public Law 99– 

546. 

(8) make use of short pulses of increased water flows to increase the survival of migrating anadromous fish moving into 

and through the Sacramento-San Joaquin Delta and Central 

Valley rivers and streams. 

(9) develop and implement a program to eliminate, to the extent possible, losses of anadromous fish due to flow fluctuations caused by the operation of any Central Valley Project 

storage or re-regulating facility. The program shall be patterned where appropriate after the agreement between the 

California Department of Water Resources and the California 

Department of Fish and Game with respect to the operation of 

the California State Water Project Oroville Dam complex. 

(10) develop and implement measures to minimize fish passage problems for adult and juvenile anadromous fish at the 

Red Bluff Diversion Dam in a manner that provides for the use 

of associated Central Valley Project conveyance facilities for 

delivery of water to the Sacramento Valley National Wildlife 

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tion of this paragraph shall be reimbursed in accordance with 

the following formula: 37.5 percent shall be reimbursed as 

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

by the State of California. 

(11) rehabilitate and expand the Coleman National Fish 

Hatchery by implementing the United States Fish and Wildlife 

Service’s Coleman National Fish Hatchery Development Plan, 

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

basin below the Keswick Dam spillway to prevent the trapping 

of fish. Costs associated with implementation of this paragraph 

shall be reimbursed in accordance with the following formula: 

50 percent shall be reimbursed as main project features and 50 

percent shall be considered a nonreimbursable Federal expenditure. 

(12) develop and implement a comprehensive program to provide flows to allow sufficient spawning, incubation, rearing, 

and outmigration for salmon and steelhead from Whiskeytown 

Dam as determined by instream flow studies conducted by the 

California Department of Fish and Game after Clear Creek has 

been restored and a new fish ladder has been constructed at 

the McCormick-Saeltzer Dam. Costs associated with channel 

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

to the United States as a nonreimbursable expenditure and 50 

percent to the State of California. Costs associated with providing the flows required by this paragraph shall be allocated 

among project purposes. 

(13) develop and implement a continuing program for the 

purpose of restoring and replenishing, as needed, spawning 

gravel lost due to the construction and operation of Central 

Valley Project dams, bank protection projects, and other actions that have reduced the availability of spawning gravel and 

rearing habitat in the Upper Sacramento River from Keswick 

Dam to Red Bluff Diversion Dam, and in the American and 

Stanislaus Rivers downstream from the Nimbus and Goodwin 

Dams, respectively. The program shall include preventive 

measures, such as re-establishment of meander belts and limitations on future bank protection activities, in order to avoid 

further losses of instream and riparian habitat. Costs associated with implementation of this paragraph shall be reimbursed in accordance with the following formula: 37.5 percent 

shall be reimbursed as main project features, 37.5 percent 

shall be considered a nonreimbursable Federal expenditure, 

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

ø(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 considVerDate Sep 11 2014 07:13 Jun 29, 2016 Jkt 059006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR647.XXX HR647

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ered a nonreimbursable Federal expenditure, and 25 percent 

shall be paid by the State of California.¿ 

ø(15)¿ (14) 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. 

ø(16)¿ (15) 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. 

ø(17)¿ (16) develop and implement a program to resolve fishery passage problems at the Anderson-Cottonwood Irrigation 

District Diversion Dam as well as upstream stranding problems related to Anderson-Cottonwood Irrigation District Diversion Dam operations. Costs associated with implementation of 

this paragraph shall be allocated 50 percent to the United 

States as a nonreimbursable expenditure and 50 percent to the 

State of California. 

ø(18) if requested by the State of California, assist in developing and implementing management measures to restore the 

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

shall be coordinated with efforts to protect and restore native 

fisheries. Costs associated with implementation of this paragraph shall be allocated 50 percent to the United States and 

50 percent to the State of California. The United States’ share 

of costs associated with implementation of this paragraph shall 

be nonreimbursable.¿ 

ø(19)¿ (17) 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. 

ø(20)¿ (18) 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 auVerDate Sep 11 2014 07:13 Jun 29, 2016 Jkt 059006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR647.XXX HR647

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thorization 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. 

ø(21)¿ (19) 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 nonfunctioning 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. 

ø(22)¿ (20) provide such incentives as the Secretary determines to be appropriate or necessary, consistent with the goals 

and objectives of this title, to encourage farmers to participate 

in a program, which the Secretary shall develop, under which 

such farmers will keep fields flooded during appropriate time 

periods for the purposes of waterfowl habitat creation and 

maintenance and for Central Valley Project yield enhancement; 

Provided, That such incentives shall not exceed $2,000,000 annually, either directly or through credits against other contractual payment obligations, including the pricing waivers authorized under subsection 3405(d) of this tile; Provided further, 

That the holder of the water contract shall pass such incentives through to farmers participating in the program, less reasonable contractor costs, if any; And provided further, That 

such water may be transferred subject to section 3405(a) of 

this title only if the farmer waives all rights to such incentives. 

This provision shall terminate by the year 2002. 

ø(23)¿ (21) in order to meet Federal trust responsibilities to 

protect the fishery resources of the Hoopa Valley Tribe, and to 

meet the fishery restoration goals of the Act of October 24, 

1984, Public Law 98–541, provide through the Trinity River 

Division, for water years 1992 through 1996, an instream release of water to the Trinity River of not less than three hundred and forty thousand acre-feet per year for the purposes of 

fishery restoration, propagation, and maintenance and, 

(A) by September 30, 1996, the Secretary, after consultation with the Hoopa Valley Tribe, shall complete the Trinity River Flow Evaluation Study currently being conducted 

by the United States Fish and Wildlife Service under the 

mandate of the Secretarial Decision of January 14, 1981, 

in a manner which insures the development of recommendations, based on the best available scientific data, 

regarding permanent instream fishery flow requirements 

and Trinity River Division operating criteria and procedures for the restoration and maintenance of the Trinity 

River fishery; and 

(B) not later than December 31, 1996, the Secretary 

shall forward the recommendations of the Trinity River 


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15 

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 longterm 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 impleVerDate Sep 11 2014 07:13 Jun 29, 2016 Jkt 059006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR647.XXX HR647

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ment this title without a specific Act of Congress authorizing 

such releases. In lieu of such requirement, and until such time 

as flows of sufficient quantity, quality and timing are provided 

at and below Gravelly Ford to meet the anadromous fishery 

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

Project shall be assessed, in addition to all other applicable 

charges, a $4 per acre-foot surcharge for all Project water delivered on or before September 30, 1997; a $5 per acre-foot surcharge for all Project water delivered after September 30, 1997 

but on or before September 30, 1999; and a $7 per acre-foot 

surcharge for all Project water delivered thereafter, to be covered into the Restoration Fund. 

(2) in the course of preparing the Stanislaus River Basin and 

Calaveras River Water Use Program Environmental Impact 

Statement and in consultation with the State of California, affected counties, and other interests, evaluate and determine 

existing and anticipated future basin needs in the Stanislaus 

River Basin. In the course of such evaluation, the Secretary 

shall investigate alternative storage, release, and delivery regimes, including but not limited to conjunctive use operations, 

conservation strategies, exchange arrangements, and the use of 

base and channel maintenance flows, in order to best satisfy 

both basin and out-of-basin needs consistent, on a continuing 

basis, with the limitations and priorities established in the Act 

of October 23, 1962 (76 Stat. 173). For the purposes of this subparagraph, ‘‘basin needs’’ shall include water supply for agricultural, municipal and industrial uses, and maintenance and 

enhancement of water quality, and fish and wildlife resources 

within the Stanislaus River Basin as established by the Secretary’s June 29, 1981 Record of Decision; and ‘‘out-of-basin’’ 

needs shall include all such needs outside of the Stanislaus 

River Basin, including those of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and those of the San Joaquin River under paragraph (1) of this subsection. 

(d) CENTRAL VALLEY REFUGES AND WILDLIFE HABITAT AREAS.— In support of the objectives of the Central Valley Habitat Joint 

Venture and in furtherance of the purposes of this title, the Secretary shall provide, either directly or through contractual agreements with other appropriate parties, firm water supplies of suitable quality to maintain and improve wetland habitat areas on 

units of the National Wildlife Refuge System in the Central Valley 

of California; on the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota state wildlife management areas; and on the 

Grasslands Resources Conservation District in the Central Valley 

of California. 

(1) Upon enactment of this title, the quantity and delivery 

schedules of water measured at the boundaries of each wetland 

habitat area described in this paragraph shall be in accordance 

with level 2 of the ‘‘Dependable Water Supply Needs’’ table for 

those habitat areas as set forth in the Refuge Water Supply 

Report and two-thirds of the water supply needed for full habitat development for those habitat areas identified in the San 

Joaquin Basin Action Plan/Kesterson Mitigation Action Plan 

Report prepared by the Bureau of Reclamation. Such water 


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17 

shall be provided through long-term contractual agreements 

with appropriate parties and shall be supplemented by the increment of water provided for in paragraph (1) of this subsection; Provided, That the Secretary shall be obligated to provide such water whether or not such long-term contractual 

agreements are in effect. In implementing this paragraph, the 

Secretary shall endeavor to diversify sources of supply in order 

to minimize possible adverse effects upon Central Valley 

Project contractors. 

(2) Not later than ten years after enactment of this title, the 

quantity and delivery schedules of water measured at the 

boundaries of each wetland habitat area described in this paragraph shall be in accordance with level 4 of the ‘‘Dependable 

Water Supply Needs’’ table for those habitat areas as set forth 

in the Refuge Water Supply Report and the full water supply 

needed for full habitat development for those habitat areas 

identified in the San Joaquin Basin Action Plan/Kesterson 

Mitigation Action Plan Report prepared by the Bureau of Reclamation. The quantities of water required to supplement the 

quantities provided under paragraph (1) of this subsection 

shall be acquired by the Secretary in cooperation with the 

State of California and in consultation with the Central Valley 

Habitat Joint Venture and other interests in cumulating increments of not less than ten percent per annum through voluntary measures which include water conservation, conjunctive 

use, purchase, lease, donations, or similar activities, or a combination of such activities which do not require involuntary reallocations of project yield. 

(3) All costs associated with implementation of paragraph (1) 

of this subsection shall be reimbursable pursuant to existing 

law. Incremental costs associated with implementation of paragraph (2) of this subsection shall be fully allocated in accordance with the following formula: 75 percent shall be deemed a 

nonreimbursable Federal expenditure; and 25 percent shall be 

allocated to the State of California for recovery through direct 

reimbursements or through equivalent in-kind contributions. 

(4) The Secretary may temporarily reduce deliveries of the 

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

to hydrologic circumstances are imposed upon agricultural deliveries of Central Valley Project water; Provided, That such 

reductions shall not exceed in percentage terms the reductions 

imposed on agricultural service contractors. For the purpose of 

shortage allocation, the priority or priorities applicable to the 

increment of water provided under paragraph (2) of this subsection shall be the priority or priorities which applied to the 

water in question prior to its transfer to the purpose of providing such increment. 

(5) The Secretary is authorized and directed to construct or 

to acquire from non-Federal entities such water conveyance facilities, conveyance capacity, and wells as are necessary to implement the requirements of this subsection; Provided, That 

such authorization shall not extend to conveyance facilities in 

or around the Sacramento-San Joaquin Delta Estuary. Associated construction or acquisition costs shall be reimbursable 


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18 

pursuant to existing law in accordance with the cost allocations 

set forth in paragraph (3) of this subsection. 

(6) The Secretary, in consultation with the State of California, the Central Valley Habitat Joint Venture, and other interests, shall investigate and report on the following supplemental actions by not later than September 30, 1997: 

(A) alternative means of improving the reliability and 

quality of water supplies currently available to privately 

owned wetlands in the Central Valley and the need, if any, 

for additional supplies; and 

(B) water supply and delivery requirements necessary to 

permit full habitat development for water dependent wildlife on one hundred and twenty thousand acres supplemental to the existing wetland habitat acreage identified 

in Table 8 of the Central Valley Habitat Joint Venture’s 

‘‘Implementation Plan’’ dated April 19, 1990, as well as 

feasible means of meeting associated water supply requirements. 

(e) SUPPORTING INVESTIGATIONS.—Not later than five years after 

the date of enactment of this title, the Secretary shall investigate 

and provide recommendations to the Committee on Energy and 

Natural Resources of the Senate and the Committees on Interior 

and Insular Affairs and Merchant Marine and Fisheries of the 

House on the feasibility, cost, and desirability of developing and 

implementing each of the following, including, but not limited to, 

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

(1) measures to maintain suitable temperatures for anadromous fish survival in the Sacramento and San Joaquin rivers 

and their tributaries, and the Sacramento-San Joaquin Delta 

by controlling or relocating the discharge of irrigation return 

flows and sewage effluent, and by restoring riparian forests; 

(2) opportunities for additional hatchery production to mitigate the impacts of water development and operations on, or 

enhance efforts to increase Central Valley fisheries; Provided, 

That additional hatchery production shall only be used to supplement or to re-establish natural production while avoiding 

adverse effects on remaining wild stocks; 

(3) measures to eliminate barriers to upstream and downstream migration of salmonids in the Central Valley, including 

but not limited to screening programs, barrier removal programs and programs for the construction or rehabilitation of 

fish ladders on tributary streams; 

(4) installation and operation of temperature control devices 

at Trinity Dam and Reservoir to assist in the Secretary’s efforts to conserve cold water for fishery protection purposes; 

(5) measures to provide for modified operations and new or 

improved control structures at the Delta Cross Channel and 

Georgiana Slough to assist in the successful migration of anadromous fish; and 

(6) other measures which the Secretary determines would 

protect, restore, and enhance natural production of salmon and 

steelhead trout in tributary streams of the Sacramento and 

San Joaquin Rivers, including but not limited to the Merced, 

Mokulumne, and Calaveras Rivers and Battle, Butte, Deer, 

Elder, Mill, and Thomes Creeks. 


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19 

(f) REPORT ON PROJECT FISHERY IMPACTS.—The Secretary, in 

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

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

Central Valley Project on anadromous fish populations and the 

fisheries, communities, tribes, businesses and other interests and 

entities that have now or in the past had significant economic, social or cultural association with those fishery resources. The Secretary shall provide such report to the Committee on Energy and 

Natural Resources of the Senate and the Committees on Interior 

and Insular Affairs and Merchant Marine and Fisheries of the 

House of Representatives not later than two years after the date 

of enactment of this title. 

(g) ECOSYSTEM AND WATER SYSTEM OPERATIONS MODELS.—The 

Secretary, in cooperation with the State of California and other relevant interests and experts, shall develop readily usable and broadly available models and supporting data to evaluate the ecologic 

and hydrologic effects of existing and alternative operations of public and private water facilities and systems in the Sacramento, San 

Joaquin, and Trinity River watersheds. The primary purpose of 

this effort shall be to support the Secretary’s efforts in fulfilling the 

requirements of this title through improved scientific understanding concerning, but not limited to, the following: 

(1) a comprehensive water budget of surface and groundwater supplies, considering all sources of inflow and outflow 

available over extended periods; 

(2) related water quality conditions and improvement alternatives, including improved temperature prediction capabilities 

as they relate to storage and flows; 

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

(4) measures needed to restore anadromous fisheries to optimum and sustainable levels in accordance with the restored 

carrying capacities of Central Valley rivers, streams, and riparian habitats; 

(5) development and use of base flows and channel maintenance flows to protect and restore natural channel and riparian habitat values; 

(6) implementation of operational regimes at State and Federal facilities to increase springtime flow releases, retain additional floodwaters, and assist in restoring both upriver and 

downriver riparian habitats; 

(7) measures designed to reach sustainable harvest levels of 

resident and anadromous fish, including development and use 

of systems of tradeable harvest rights; 

(8) opportunities to protect and restore wetland and upland 

habitats throughout the Central Valley; and 

(9) measures to enhance the firm yield of existing Central 

Valley Project facilities, including improved management and 

operations, conjunctive use opportunities, development of 

offstream storage, levee setbacks, and riparian restoration. 

All studies and investigations shall take into account and be fully 

consistent with the fish, wildlife, and habitat protection and restoration measures required by this title or by any other State or 

Federal law. Seventy-five percent of the costs associated with implementation of this subsection shall be borne by the United States 


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20 

as a nonreimbursable cost; the remaining 25 percent shall be borne 

by the State of California. 

(h) The Secretary shall enter into a binding cost-share agreement 

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

shall provide for consideration of the value of direct reimbursements, specific contributions to the Restoration Fund, and water, 

conveyance capacity, or other contributions in-kind that would supplement existing programs and that would, as determined by the 

Secretary, materially contribute to attainment of the goals and objectives of this title. 

SEC. 3407. RESTORATION FUND. 

(a) RESTORATION FUND ESTABLISHED.—There is hereby established in the Treasury of the United States the ‘‘Central Valley 

Project Restoration Fund’’ (hereafter ‘‘Restoration Fund’’) which 

shall be available for deposit of donations from any source and revenues provided under sections 3404(c)(3), 3405(f), 3406(c)(1), and 

3407(d) of this title. Amounts deposited shall be credited as offsetting collections. Not less than 67 percent of all funds made available to the Restoration Fund under this title are authorized to be 

appropriated to the Secretary to carry out the habitat restoration, 

improvement and acquisition (from willing sellers) provisions of 

this title. Not more than 33 percent of all funds made available to 

the Restoration Fund under this title are authorized to be appropriated to the Secretary to carry out the provisions of paragraphs 

3406(b)(4)–(6), ø(10)–(18), and (20)–(22)¿ (10)–(16), and (18)–(20) of 

this title. Monies donated to the Restoration Fund by non-Federal 

entities for specific purposes shall be expended for those purposes 

only and shall not be subject to appropriation. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Such sums as are necessary, up to $50,000,000 per year (October 1992 price levels), are 

authorized to be appropriated to the Secretary to be derived from 

the Restoration Fund to carry out programs, projects, plans, and 

habitat restoration, improvement, and acquisition provisions of this 

title. Any funds paid into the Restoration Fund by Central Valley 

Project water and power contractors and which are also used to pay 

for the projects and facilities set forth in section 3406(b), shall act 

as an offset against any water and power contractor cost share obligations that are otherwise provided for in this title. 

(c) MITIGATION AND RESTORATION PAYMENTS BY WATER AND

POWER BENEFICIARIES.— 

(1) To the extent required in appropriation Acts, the Secretary shall assess and collect additional annual mitigation 

and restoration payments, in addition to the charges provided 

for or collected under sections 3404(c)(3), 3405(a)(1)(C), 3405(f), 

and 3406(c)(1) of this title, consisting of charges to direct beneficiaries of the Central Valley Project under subsection (d) of 

this section in order to recover a portion or all of the costs of 

fish, wildlife, and habitat restoration programs and projects 

under this title. 

(2) The payment described in this subsection shall be established at amounts that will result in collection, during each fiscal year, of an amount that can be reasonably expected to 

equal the amount appropriated each year, subject to subsection 

(d) of this section, and in combination with all other receipts 


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21 

identified under this title, to carry out the purposes identified 

in subsection (b) of this section; Provided, That, if the total 

amount appropriated under subsection (b) of this section for 

the fiscal years following enactment of this title does not equal 

$50,000,000 per year (October 1992 price levels) on an average 

annual basis, the Secretary shall impose such charges in fiscal 

year 1998 and in each fiscal year thereafter, subject to the limitations in subsection (d) of this section, as may be required to 

yield in fiscal year 1998 and in each fiscal year thereafter total 

collections equal to $50,000,000 per year (October 1992 price 

levels) on a three-year rolling average basis for each fiscal year 

that follows enactment of this title. 

(d) ADJUSTMENT AND ASSESSMENT OF MITIGATION AND RESTORATION PAYMENTS.— 

(1) In assessing the annual payments to carry out subsection 

(c) of this section, the Secretary shall, prior to each fiscal year, 

estimate the amount that could be collected in each fiscal year 

pursuant to subparagraphs 2(A) and (B) of this subsection. The 

Secretary shall decrease all such payments on a proportionate 

basis from amounts contained in the estimate so that an aggregate amount is collected pursuant to the requirements of paragraph (c)(2) of this section. 

(2) The Secretary shall assess and collect the following mitigation and restoration payments, to be covered to the Restoration Fund, subject to the requirements of paragraph (1) of this 

subsection: 

(A) The Secretary shall require Central Valley Project 

water and power contractors to make such additional annual payments as are necessary to yield, together with all 

other receipts, the amount required under paragraph (c)(2) 

of this subsection; Provided, That such additional payments shall not exceed $30,000,000 (October 1992 price 

levels) on a three-year rolling average basis; Provided further, That such additional annual payments shall be allo- cated so as not to exceed $6 per acre-foot (October 1992 

price levels) for agricultural water sold and delivered by 

the Central Valley Project, and $12 per acre-foot (October 

1992 price levels) for municipal and industrial water sold 

and delivered by the Central Valley Project; Provided further, That the charge imposed on agricultural water shall 

be reduced, if necessary, to an amount within the probable 

ability of the water users to pay as determined and adjusted by the Secretary no less than every five years, taking into account the benefits resulting from implementation of this title; Provided further, That the Secretary shall impose an additional annual charge of $25 per acre-foot 

(October 1992 price levels) for Central Valley Project water 

sold or transferred to any State or local agency or other 

entity which has not previously been a Central Valley 

Project customer and which contracts with the Secretary 

or any other individual or district receiving Central Valley 

Project water to purchase or otherwise transfer any such 

water for its own use for municipal and industrial purposes, to be deposited in the Restoration Fund; And Provided further, That upon the completion of the fish, wildVerDate Sep 11 2014 07:13 Jun 29, 2016 Jkt 059006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR647.XXX HR647

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life, and habitat mitigation and restoration actions mandated under section 3406 of this title, the Secretary shall 

reduce the sums described in paragraph (c)(2) of this section to $35,000,000 per year (October 1992 price levels) 

and shall reduce the annual mitigation and restoration 

payment ceiling established under this subsection to 

$15,000,000 (October 1992 price levels) on a three-year 

rolling average basis. The amount of the mitigation and 

restoration payment made by Central Valley Project water 

and power users, taking into account all funds collected 

under this title, shall, to the greatest degree practicable, 

be assessed in the same proportion, measured over a tenyear rolling average, as water and power users’ respective 

allocations for repayment of the Central Valley Project. 

(e) FUNDING TO NON-FEDERAL ENTITIES.—If the Secretary determines that the State of California or an agency or subdivision 

thereof, an Indian tribe, or a nonprofit entity concerned with restoration, protection, or enhancement of fish, wildlife, habitat, or environmental values is able to assist in implementing any action authorized by this title in an efficient, timely, and cost effective manner, the Secretary is authorized to provide funding to such entity 

on such terms and conditions as he deems necessary to assist in 

implementing the identified action. 

(f) RESTORATION FUND FINANCIAL REPORTS.—The Secretary 

shall, not later than the first full fiscal year after enactment of this 

title, and annually thereafter, submit a detailed report to the Committee on Energy and Natural Resources and the Committee on 

Appropriations of the Senate, and the Committee on Interior and 

Insular Affairs, the Committee on Merchant Marine and Fisheries, 

and the Committee on Appropriations of the House of Representatives. Such report shall describe all receipts to and uses made of 

monies within the Restoration Fund and the Restoration Account 

during the prior fiscal year and shall include the Secretary’s projection with respect to receipts to and uses to be made of the finds 

during the next upcoming fiscal year. 

* * * * * * * 

Æ 


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