II 

112TH CONGRESS 

2D SESSION S. 2365 

To promote the economic and energy security of the United States, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2012 

Mr. HATCH (for himself, Mr. BARRASSO, Mr. MORAN, Mr. CRAPO, and Mr. 

RISCH) introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To promote the economic and energy security of the United 

States, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Western Economic Security Today Act’’ or the ‘‘WEST 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PUTTING THE GULF OF MEXICO BACK TO WORK 


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Sec. 101. Short title. 

Sec. 102. Definitions. 

Subtitle A—Outer Continental Shelf Land 

Sec. 111. Drilling permits. 

Subtitle B—Judicial Review of Agency Actions Relating to Outer Continental 

Shelf Activities in Gulf of Mexico 

Sec. 122. Exclusive venue for certain civil actions relating to covered energy 

projects in Gulf of Mexico. 

Sec. 123. Time limitation on filing. 

Sec. 124. Expedition in hearing and determining action. 

Sec. 125. Standard of review. 

Sec. 126. Limitation on prospective relief. 

Sec. 127. Limitation on attorneys’ fees. 

TITLE II—RESTARTING AMERICAN OFFSHORE LEASING NOW 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Requirement to conduct proposed oil and gas Lease Sale 216 in Central Gulf of Mexico. 

Sec. 204. Requirement to conduct proposed oil and gas Lease Sale 220 on 

Outer Continental Shelf offshore Virginia. 

Sec. 205. Requirement to conduct proposed oil and gas Lease Sale 222 in Central Gulf of Mexico. 

TITLE III—REVERSING PRESIDENT OBAMA’S OFFSHORE 

MORATORIUM 

Sec. 301. Short title. 

Sec. 302. Outer Continental Shelf leasing program. 

Sec. 303. Domestic oil and natural gas production goal. 

TITLE IV—JOBS AND ENERGY PERMITTING 

Sec. 401. Short title. 

Sec. 402. Air quality measurement. 

Sec. 403. OCS source. 

Sec. 404. Permits. 

TITLE V—SACRAMENTO-SAN JOAQUIN VALLEY WATER 

RELIABILITY 

Sec. 501. Short title. 

Subtitle A—Central Valley Project Water Reliability 

Sec. 511. Amendment to purposes. 

Sec. 512. Amendment to definition. 

Sec. 513. Contracts. 

Sec. 514. Water transfers, improved water management, and conservation. 

Sec. 515. Fish, wildlife, and habitat restoration. 

Sec. 516. Restoration Fund. 

Sec. 517. Additional authorities. 

Sec. 518. Bay-Delta Accord. 


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Sec. 519. Natural and artificially spawned species. 

Sec. 520. Authorized service area. 

Sec. 521. Regulatory streamlining. 

Subtitle B—San Joaquin River Restoration 

Sec. 531. Repeal of the San Joaquin River settlement. 

Sec. 532. Purpose. 

Sec. 533. Definitions. 

Sec. 534. Implementation of restoration. 

Sec. 535. Disposal of property; title to facilities. 

Sec. 536. Compliance with applicable law. 

Sec. 537. Compliance with Central Valley Project Improvement Act. 

Sec. 538. No private right of action. 

Sec. 539. Implementation. 

Sec. 540. Repayment contracts and acceleration of repayment of construction 

costs. 

Sec. 541. Repeal. 

Sec. 542. Water supply mitigation. 

Sec. 543. Additional authorities. 

Subtitle C—Repayment Contracts and Acceleration of Repayment of 

Construction Costs 

Sec. 551. Repayment contracts and acceleration of repayment of construction 

costs. 

Subtitle D—Bay-Delta Watershed Water Rights Preservation and Protection 

Sec. 561. Water rights and area-of-origin protections. 

Sec. 562. Sacramento River settlement contracts. 

Sec. 563. Sacramento River Watershed water service contractors. 

Sec. 564. No redirected adverse impacts. 

Subtitle E—Miscellaneous 

Sec. 571. Precedent. 

TITLE VI—REDUCING REGULATORY BURDENS 

Sec. 601. Short title. 

Sec. 602. Use of authorized pesticides. 

Sec. 603. Discharges of pesticides. 

TITLE VII—FARM DUST REGULATION PREVENTION 

Sec. 701. Short title. 

Sec. 702. Temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter. 

Sec. 703. Nuisance dust. 

Sec. 704. Sense of Congress. 

Sec. 705. Impacts of EPA regulatory activity on employment and economic activity in agriculture community. 

TITLE VIII—ENERGY TAX PREVENTION 

Sec. 801. Short title. 


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Sec. 802. No regulation of emissions of greenhouse gases. 

Sec. 803. Preserving one national standard for automobiles. 

1 TITLE I—PUTTING THE GULF OF 

2 MEXICO BACK TO WORK 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Putting the Gulf of 

5 Mexico Back to Work Act’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) COVERED CIVIL ACTION.—The term ‘‘cov9 ered civil action’’ means a civil action containing a 

10 claim under section 702 of title 5, United States 

11 Code, regarding agency action (as defined for the 

12 purposes of that section) affecting a covered energy 

13 project in the Gulf of Mexico. 

14 (2) COVERED ENERGY PROJECT.— 

15 (A) IN GENERAL.—The term ‘‘covered en16 ergy project’’ means the leasing of Federal land 

17 of the outer Continental Shelf for the explo18 ration, development, production, processing, or 

19 transmission of oil, natural gas, wind, or any 

20 other source of energy in the Gulf of Mexico, 

21 and any action under a lease. 

22 (B) EXCLUSION.—The term ‘‘covered en23 ergy project’’ does not include any dispute be24 tween the parties to a lease regarding the obliVerDate Mar 15 2010 05:48 Apr 26, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2365.IS S2365

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1 gations under the lease, including any alleged 

2 breach of the lease. 

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

4 the Secretary of the Interior. 

5 Subtitle A—Outer Continental 

6 Shelf Land 

7 SEC. 111. DRILLING PERMITS. 

8 Section 11 of the Outer Continental Shelf Lands Act 

9 (43 U.S.C. 1340) is amended by striking subsection (d) 

10 and inserting the following: 

11 ‘‘(d) DRILLING PERMITS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall by reg13 ulation require that any lessee operating under an 

14 approved exploration plan— 

15 ‘‘(A) obtain a permit before drilling any 

16 well in accordance with the plan; and 

17 ‘‘(B) obtain a new permit before drilling 

18 any well of a design that is significantly dif19 ferent than the design for which the existing 

20 permit was issued. 

21 ‘‘(2) SAFETY REVIEW REQUIRED.—The Sec22 retary shall not issue a permit under paragraph (1) 

23 without ensuring that the proposed drilling oper24 ations meet all— 


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1 ‘‘(A) critical safety system requirements, 

2 including blowout prevention; and 

3 ‘‘(B) oil spill response and containment re4 quirements. 

5 ‘‘(3) TIMELINE.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 determine whether to issue a permit under 

8 paragraph (1) not later than 30 days after the 

9 date on which the Secretary receives the appli10 cation for a permit. 

11 ‘‘(B) EXTENSION OF TIME.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 may extend the period in which to consider 

14 an application for a permit for up to 2 pe15 riods of 15 days each if the Secretary has 

16 given written notice of the delay to the ap17 plicant. 

18 ‘‘(ii) NOTICE.—The notice described 

19 in clause (i) shall— 

20 ‘‘(I) be in the form of a letter 

21 from the Secretary or a designee of 

22 the Secretary; and 

23 ‘‘(II) include— 


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1 ‘‘(aa) the name and title of 

2 each individual processing the ap3 plication; 

4 ‘‘(bb) the reason for the 

5 delay; and 

6 ‘‘(cc) the date on which the 

7 Secretary expects to make a final 

8 decision on the application. 

9 ‘‘(4) DENIAL OF APPLICATION.—If the Sec10 retary denies the application, the Secretary shall 

11 provide the applicant— 

12 ‘‘(A) a written statement that provides 

13 clear and comprehensive reasons why the appli14 cation was not accepted and detailed informa15 tion concerning any deficiency; and 

16 ‘‘(B) an opportunity to remedy any defi17 ciencies. 

18 ‘‘(5) FAILURE TO MAKE DECISION WITHIN 60

19 DAYS.—If the Secretary does not make a decision on 

20 the application by the date that is 60 days from the 

21 date on which the Secretary receives the application, 

22 the application shall be considered approved.’’. 


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1 Subtitle B—Judicial Review of 

2 Agency Actions Relating to 

3 Outer Continental Shelf Activi4 ties in Gulf of Mexico 

5 SEC. 122. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 

6 RELATING TO COVERED ENERGY PROJECTS 

7 IN GULF OF MEXICO. 

8 A covered civil action shall be brought only in a judi9 cial district in the Fifth Circuit unless there is no district 

10 in that circuit in which the action may be brought. 

11 SEC. 123. TIME LIMITATION ON FILING. 

12 A covered civil action is barred unless the action is 

13 filed not later than the date that is 60 days after the date 

14 of the final Federal agency action. 

15 SEC. 124. EXPEDITION IN HEARING AND DETERMINING AC16 TION. 

17 A court shall endeavor to hear and determine any 

18 covered civil action as expeditiously as practicable. 

19 SEC. 125. STANDARD OF REVIEW. 

20 (a) IN GENERAL.—In any judicial review of a covered 

21 civil action, administrative findings and conclusions relat22 ing to the challenged Federal action or decision shall be 

23 presumed to be correct. 


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1 (b) STANDARD.—The presumption described in sub2 section (a) may be rebutted only by a preponderance of 

3 the evidence contained in the administrative record. 

4 SEC. 126. LIMITATION ON PROSPECTIVE RELIEF. 

5 In a covered civil action, a court shall not grant or 

6 approve any prospective relief unless the court finds that 

7 the relief is narrowly drawn, extends no further than nec8 essary to correct the violation of a legal requirement, and 

9 is the least intrusive means necessary to correct that viola10 tion. 

11 SEC. 127. LIMITATION ON ATTORNEYS’ FEES. 

12 (a) IN GENERAL.—Sections 504 of title 5 and 2412 

13 of title 28, United States Code, do not apply to a covered 

14 civil action. 

15 (b) PAYMENT FROM FEDERAL GOVERNMENT.—No 

16 party to a covered civil action shall receive from the Fed17 eral Government payment for attorneys’ fees, expenses, 

18 and other court costs. 

19 TITLE II—RESTARTING AMER20 ICAN OFFSHORE LEASING 

21 NOW 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Restarting American 

24 Offshore Leasing Now Act’’. 


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1 SEC. 202. DEFINITIONS. 

2 In this title: 

3 (1) ENVIRONMENTAL IMPACT STATEMENT FOR

4 THE 2007–2012 5-YEAR OCS PLAN.—The term ‘‘envi5 ronmental impact statement for the 2007–2012 5- 

6 Year OCS plan’’ means the final environmental im7 pact statement prepared by the Secretary entitled 

8 ‘‘Outer Continental Shelf Oil and Gas Leasing Pro9 gram: 2007–2012’’, and dated April 2007. 

10 (2) MULTISALE ENVIRONMENTAL IMPACT

11 STATEMENT.—The term ‘‘multisale environmental 

12 impact statement’’ means the environmental impact 

13 statement prepared by the Secretary relating to pro14 posed Western Gulf of Mexico OCS Oil and Gas 

15 Lease Sales 204, 207, 210, 215, and 218, and pro16 posed Central Gulf of Mexico OCS Oil and Gas 

17 Lease Sales 205, 206, 208, 213, 216, and 222, and 

18 dated September 2008. 

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

20 the Secretary of the Interior. 

21 SEC. 203. REQUIREMENT TO CONDUCT PROPOSED OIL AND 

22 GAS LEASE SALE 216 IN CENTRAL GULF OF 

23 MEXICO. 

24 (a) IN GENERAL.—As soon as practicable, but not 

25 later than 60 days after the date of enactment of this Act, 

26 the Secretary shall conduct offshore oil and gas Lease Sale 


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1 216 under section 8 of the Outer Continental Shelf Lands 

2 Act (33 U.S.C. 1337). 

3 (b) ENVIRONMENTAL REVIEW.—For the purposes of 

4 the lease sale described in subsection (a), the environ5 mental impact statement for the 2007–2012 5-Year OCS 

6 plan and the multisale environmental impact statement 

7 shall be considered to satisfy the requirements of the Na8 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

9 et seq.). 

10 SEC. 204. REQUIREMENT TO CONDUCT PROPOSED OIL AND 

11 GAS LEASE SALE 220 ON OUTER CONTI12 NENTAL SHELF OFFSHORE VIRGINIA. 

13 (a) IN GENERAL.—As soon as practicable, but not 

14 later than 1 year after the date of enactment of this Act, 

15 the Secretary shall conduct offshore oil and gas Lease Sale 

16 220 under section 8 of the Outer Continental Shelf Lands 

17 Act (33 U.S.C. 1337). 

18 (b) ENVIRONMENTAL REVIEW.—For the purposes of 

19 the lease sale described in subsection (a), the environ20 mental impact statement for the 2007–2012 5-Year OCS 

21 plan and the multisale environmental impact statement 

22 shall be considered to satisfy the requirements of the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.). 


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1 SEC. 205. REQUIREMENT TO CONDUCT PROPOSED OIL AND 

2 GAS LEASE SALE 222 IN CENTRAL GULF OF 

3 MEXICO. 

4 (a) IN GENERAL.—As soon as practicable, but not 

5 later than 60 days after the date of enactment of this Act, 

6 the Secretary shall conduct offshore oil and gas Lease Sale 

7 222 under section 8 of the Outer Continental Shelf Lands 

8 Act (33 U.S.C. 1337). 

9 (b) ENVIRONMENTAL REVIEW.—For the purposes of 

10 the lease sale described in subsection (a), the environ11 mental impact statement for the 2007–2012 5-Year OCS 

12 plan and the multisale environmental impact statement 

13 shall be considered to satisfy the requirements of the Na14 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

15 et seq.). 

16 TITLE III—REVERSING PRESI17 DENT OBAMA’S OFFSHORE 

18 MORATORIUM 

19 SEC. 301. SHORT TITLE. 

20 This title may be cited as the ‘‘Reversing President 

21 Obama’s Offshore Moratorium Act’’. 

22 SEC. 302. OUTER CONTINENTAL SHELF LEASING PROGRAM. 

23 Section 18(a) of the Outer Continental Shelf Lands 

24 Act (43 U.S.C. 1344(a)) is amended by adding at the end 

25 the following: 


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1 ‘‘(5)(A) In each oil and gas leasing program 

2 under this section, the Secretary shall make avail3 able for leasing and conduct lease sales that in4 clude— 

5 ‘‘(i) at least 50 percent of the available un6 leased acreage within each outer Continental 

7 Shelf planning area considered to have the larg8 est undiscovered, technically recoverable oil and 

9 gas resources (on a total btu basis) based upon 

10 the most recent national geological assessment 

11 of the outer Continental Shelf, with an empha12 sis on offering the most geologically prospective 

13 parts of the planning area; and 

14 ‘‘(ii) any State subdivision of an outer 

15 Continental Shelf planning area that the Gov16 ernor of the State that represents that subdivi17 sion requests be made available for leasing. 

18 ‘‘(B) In this paragraph, the term ‘available un19 leased acreage’ means that portion of the outer Con20 tinental Shelf that is not under lease at the time of 

21 a proposed lease sale, and that has not otherwise 

22 been made unavailable for leasing by law. 

23 ‘‘(6)(A) For the 2012–2017 5-year oil and gas 

24 leasing program, the Secretary shall make available 


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1 for leasing any outer Continental Shelf planning 

2 areas that are estimated to contain more than— 

3 ‘‘(i) 2,500,000,000 barrels of oil; or 

4 ‘‘(ii) 7,500,000,000,000 cubic feet of nat5 ural gas. 

6 ‘‘(B) To determine the planning areas described 

7 in subparagraph (A), the Secretary shall use the 

8 document entitled ‘Minerals Management Service 

9 Assessment of Undiscovered Technically Recoverable 

10 Oil and Gas Resources of the Nation’s Outer Conti11 nental Shelf, 2006’.’’. 

12 SEC. 303. DOMESTIC OIL AND NATURAL GAS PRODUCTION 

13 GOAL. 

14 Section 18 of the Outer Continental Shelf Lands Act 

15 (43 U.S.C. 1344) is amended by striking subsection (b) 

16 and inserting the following: 

17 ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRODUC18 TION GOAL.—– 

19 ‘‘(1) IN GENERAL.—In developing a 5-year oil 

20 and gas leasing program, subject to paragraph (2), 

21 the Secretary shall determine a domestic strategic 

22 production goal for the development of oil and nat23 ural gas as a result of that program, which goal 

24 shall be— 


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1 ‘‘(A) the best estimate of the practicable 

2 increase in domestic production of oil and nat3 ural gas from the outer Continental Shelf; 

4 ‘‘(B) focused on meeting domestic demand 

5 for oil and natural gas and reducing the de6 pendence of the United States on foreign en7 ergy; and 

8 ‘‘(C) focused on the production increases 

9 achieved by the leasing program at the end of 

10 the 15-year period beginning on the effective 

11 date of the program. 

12 ‘‘(2) 2012–2017 PROGRAM GOAL.—For pur13 poses of the 2012–2017 5-year oil and gas leasing 

14 program, the production goal referred to in para15 graph (1) shall be an increase by 2027 of not less 

16 than— 

17 ‘‘(A) 3,000,000 barrels in the quantity of 

18 oil produced per day; and 

19 ‘‘(B) 10,000,000,000 cubic feet in the 

20 quantity of natural gas produced per day. 

21 ‘‘(3) REPORTING.—Beginning at the end of the 

22 5-year period for which the program applies and an23 nually thereafter, the Secretary shall submit to the 

24 Committee on Natural Resources of the House of 

25 Representatives and the Committee on Energy and 


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1 Natural Resources of the Senate a report on the 

2 progress of the program in meeting the production 

3 goal that includes an identification of projections for 

4 production and any problems with leasing, permit5 ting, or production that will prevent meeting the 

6 goal.’’. 

7 TITLE IV—JOBS AND ENERGY 

8 PERMITTING 

9 SEC. 401. SHORT TITLE. 

10 This title may be cited as the ‘‘Jobs and Energy Per11 mitting Act of 2012’’. 

12 SEC. 402. AIR QUALITY MEASUREMENT. 

13 Section 328(a)(1) of the Clean Air Act (42 U.S.C. 

14 7627(a)(1)) is amended in the second sentence by insert15 ing before the period at the end the following: ‘‘, except 

16 that any air quality impact of any OCS source shall be 

17 measured or modeled, as appropriate, and determined 

18 solely with respect to the impacts in the corresponding on19 shore area’’. 

20 SEC. 403. OCS SOURCE. 

21 Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C. 

22 7627(a)(4)(C)) is amended in the second sentence of the 

23 matter following clause (iii) by striking ‘‘shall be consid24 ered direct emissions from the OCS source’’ and inserting 

25 ‘‘shall be considered direct emissions from the OCS source 


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1 but shall not be subject to any emission control require2 ment applicable to the source under subpart 1 of part C 

3 of title I of this Act. For platform or drill ship exploration, 

4 an OCS source is established at the point in time when 

5 drilling commences at a location and ceases to exist when 

6 drilling activity ends at the location or is temporarily in7 terrupted because the platform or drill ship relocates for 

8 weather or other reasons’’. 

9 SEC. 404. PERMITS. 

10 (a) PERMITS.—Section 328 of the Clean Air Act (42 

11 U.S.C. 7627) is amended by adding at the end the fol12 lowing: 

13 ‘‘(d) PERMIT APPLICATION.—In the case of a com14 pleted application for a permit under this Act for platform 

15 or drill ship exploration for an OCS source— 

16 ‘‘(1) final agency action (including any recon17 sideration of the issuance or denial of such a permit) 

18 shall be taken not later than 180 days after the date 

19 on which the completed application is filed; 

20 ‘‘(2) the Environmental Appeals Board of the 

21 Environmental Protection Agency shall have no au22 thority to consider any matter regarding the consid23 eration, issuance, or denial of the permit; 

24 ‘‘(3) no administrative stay of the effectiveness 

25 of the permit may extend beyond the date that is 


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1 180 days after the date on which the completed ap2 plication is filed; 

3 ‘‘(4) that final agency action shall be considered 

4 to be nationally applicable under section 307(b); and 

5 ‘‘(5) judicial review of that final agency action 

6 shall be available only in accordance with section 

7 307(b) without additional administrative review or 

8 adjudication.’’. 

9 (b) CONFORMING AMENDMENT.—Section 328(a)(4) 

10 of the Clean Air Act (42 U.S.C. 7627(a)(4)) is amended 

11 by striking ‘‘For purposes of subsections (a) and (b) of 

12 this section—’’ and inserting ‘‘For purposes of subsections 

13 (a), (b), and (d):’’. 

14 TITLE V—SACRAMENTO-SAN 

15 JOAQUIN VALLEY WATER RE16 LIABILITY 

17 SEC. 501. SHORT TITLE. 

18 This title may be cited as the ‘‘Sacramento-San Joa19 quin Valley Water Reliability Act’’. 

20 Subtitle A—Central Valley Project 

21 Water Reliability 

22 SEC. 511. AMENDMENT TO PURPOSES. 

23 Section 3402 of the Central Valley Project Improve24 ment Act (Public Law 102–575; 106 Stat. 4706) is 

25 amended— 


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1 (1) in subsection (f), by striking the period at 

2 the end; and 

3 (2) by adding at the end the following: 

4 ‘‘(g) to ensure that water dedicated to fish and wild5 life purposes by this title is replaced and provided to Cen6 tral Valley Project water contractors not later than De7 cember 31, 2016, at the lowest cost reasonably achievable; 

8 and 

9 ‘‘(h) to facilitate and expedite water transfers in ac10 cordance with this title.’’. 

11 SEC. 512. AMENDMENT TO DEFINITION. 

12 Section 3403 of the Central Valley Project Improve13 ment Act (Public Law 102–575; 106 Stat. 4707) is 

14 amended— 

15 (1) by striking subsection (a) and inserting the 

16 following: 

17 ‘‘(a) the term ‘anadromous fish’ means those native 

18 stocks of salmon (including steelhead) and sturgeon 

19 that— 

20 ‘‘(1) as of October 30, 1992, were present in 

21 the Sacramento and San Joaquin Rivers and the 

22 tributaries of the Sacramento and San Joaquin Riv23 ers; and 


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1 ‘‘(2) ascend those rivers and tributaries to re2 produce after maturing in San Francisco Bay or the 

3 Pacific Ocean;’’; 

4 (2) by redesignating subsections (i) through 

5 (m) as subsections (j) through (n), respectively; and 

6 (3) by inserting after subsection (h) the fol7 lowing: 

8 ‘‘(i) the term ‘reasonable flows’ means water flows 

9 capable of being maintained taking into account com10 peting consumptive uses of water and economic, environ11 mental, and social factors.’’. 

12 SEC. 513. CONTRACTS. 

13 Section 3404 of the Central Valley Project Improve14 ment Act (Public Law 102–575; 106 Stat. 4708) is 

15 amended to read as follows: 

16 ‘‘SEC. 3404. CONTRACTS. 

17 ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON18 TRACTS.—On request of the contractor, the Secretary 

19 shall renew any existing long-term repayment or water 

20 service contract that provides for the delivery of water 

21 from the Central Valley Project for a period of 40 years. 

22 ‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 

23 expressly provided by this title, any existing long-term re24 payment or water service contract for the delivery of water 

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1 suant to the Act of July 2, 1956 (chapter 492; 70 Stat. 

2 483). 

3 ‘‘(c) DELIVERY CHARGE.—Beginning on the date of 

4 enactment of this Act, a contract entered into or renewed 

5 pursuant to this section shall include a provision that re6 quires the Secretary to charge any other party to the con7 tract only for water actually delivered by the Secretary.’’. 

8 SEC. 514. WATER TRANSFERS, IMPROVED WATER MANAGE9 MENT, AND CONSERVATION. 

10 Section 3405 of the Central Valley Project Improve11 ment Act (Public Law 102–575; 106 Stat. 4709) is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in the second sentence, by striking 

15 ‘‘Except as provided herein’’ and inserting ‘‘The 

16 Secretary shall take all actions necessary to fa17 cilitate and expedite transfers of Central Valley 

18 Project water in accordance with this title or 

19 any other provision of Federal reclamation law 

20 and the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.). Except as pro22 vided in this subsection,’’; 

23 (B) in paragraph (1)(A), by striking ‘‘to 

24 combination’’ and inserting ‘‘or combination’’; 


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1 (C) in paragraph (2), by adding at the end 

2 the following: 

3 ‘‘(E) WRITTEN TRANSFER PROPOSALS.— 

4 ‘‘(i) IN GENERAL.—The contracting 

5 district from which the water is supplied, 

6 the agency, or the Secretary, as applicable, 

7 shall determine whether a written transfer 

8 proposal is complete not later than 45 days 

9 after the date on which the proposal is 

10 submitted. 

11 ‘‘(ii) DETERMINATION.—If the con12 tracting district, the agency, or the Sec13 retary determines that the proposal de14 scribed in clause (i) is incomplete, the con15 tracting district, agency, or Secretary shall 

16 state, in writing and with specificity, the 

17 conditions under which the proposal would 

18 be considered complete. 

19 ‘‘(F) NO MITIGATION REQUIREMENTS.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in this section, the Secretary shall 

22 not impose mitigation or other require23 ments on a proposed transfer. 

24 ‘‘(ii) APPLICABILITY.—This section 

25 shall have no effect on the authority of the 


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1 contracting district from which the water 

2 is supplied or the agency under State law 

3 to approve or condition a proposed trans4 fer.’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(4) APPLICABILITY.—Notwithstanding any 

7 other provision of Federal reclamation law— 

8 ‘‘(A) the authority to transfer, exchange, 

9 bank, or make recharging arrangements using 

10 Central Valley Project water that could have 

11 been carried out before October 30, 1992, is 

12 valid, and those transfers, exchanges, or ar13 rangements shall not be subject to, limited, or 

14 conditioned by this title; and 

15 ‘‘(B) this title does not supersede or revoke 

16 the authority to transfer, exchange, bank, or re17 charge Central Valley Project water in effect 

18 before October 30, 1992.’’; 

19 (2) in subsection (b)— 

20 (A) in the heading, by striking ‘‘METER21 ING’’ and inserting ‘‘MEASUREMENT’’; 

22 (B) in the first sentence, by striking ‘‘All 

23 Central Valley’’ and inserting the following: 

24 ‘‘(1) IN GENERAL.—All Central Valley’’; 


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1 (C) in the second sentence, by striking 

2 ‘‘The contracting district’’ and inserting the fol3 lowing: 

4 ‘‘(3) ANNUAL REPORT.—The contracting dis5 trict’’; and 

6 (D) by inserting after paragraph (1) (as 

7 designated by subparagraph (B)) the following: 

8 ‘‘(2) MEASUREMENT REQUIREMENTS.—The 

9 contracting district or agency, not including con10 tracting districts serving multiple agencies with sep11 arate governing boards, shall ensure that all con12 tractor-owned water delivery systems within the 

13 boundaries of the contracting district or agency 

14 measure surface water at the facilities of the con15 tracting district or agency up to the point at which 

16 the surface water is commingled with other water 

17 supplies.’’; 

18 (3) by striking subsection (d); 

19 (4) by redesignating subsections (e) and (f) as 

20 subsections (d) and (e), respectively; and 

21 (5) by striking subsection (e) (as redesignated 

22 by paragraph (4)) and inserting the following: 

23 ‘‘(e) INCREASED REVENUES.—All revenues received 

24 by the Secretary that exceed the cost-of-service rates ap25 plicable to the delivery of water transferred from irrigation 


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1 use to municipal and industrial use under subsection (a) 

2 shall be covered to the Restoration Fund.’’. 

3 SEC. 515. FISH, WILDLIFE, AND HABITAT RESTORATION. 

4 Section 3406 of the Central Valley Project Improve5 ment Act (Public Law 102–575; 106 Stat. 4714) is 

6 amended— 

7 (1) in subsection (b)— 

8 (A) by striking paragraph (1)(B) and in9 serting the following: 

10 ‘‘(B) ADMINISTRATION.— 

11 ‘‘(i) IN GENERAL.—As needed to 

12 carry out the goals of the Central Valley 

13 Project, the Secretary may modify Central 

14 Valley Project operations to provide rea15 sonable flows of suitable quality, quantity, 

16 and timing to protect all life stages of 

17 anadromous fish. 

18 ‘‘(ii) REQUIREMENTS.—The flows 

19 under clause (i) shall be provided from the 

20 quantity of water dedicated to fish, wild21 life, and habitat restoration purposes 

22 under paragraph (2) from the water sup23 plies acquired pursuant to paragraph (3) 

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1 tractual obligations of the Secretary to 

2 provide Central Valley Project water for 

3 other authorized purposes. 

4 ‘‘(iii) DETERMINATION OF NEEDS.— 

5 The Secretary shall determine the instream 

6 reasonable flow needs for all Central Valley 

7 Project controlled streams and rivers based 

8 on recommendations of the United States 

9 Fish and Wildlife Service and the National 

10 Marine Fisheries Service after consultation 

11 with the United States Geological Sur12 vey.’’; and 

13 (B) in paragraph (2)— 

14 (i) in the matter preceding subpara15 graph (A)— 

16 (I) in the first sentence, by strik17 ing ‘‘primary purpose’’ and inserting 

18 ‘‘purposes’’; 

19 (II) by striking ‘‘but not limited 

20 to additional obligations under the 

21 Federal Endangered Species Act’’ and 

22 inserting ‘‘additional obligations under 

23 the Endangered Species Act of 1973 

24 (16 U.S.C. 1531 et seq.)’’; and 


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1 (III) by adding at the end the 

2 following: ‘‘All Central Valley Project 

3 water used for the purposes specified 

4 in this paragraph shall be credited to 

5 the quantity of Central Valley Project 

6 yield dedicated and managed under 

7 this paragraph by determining how 

8 the dedication and management of 

9 that water would affect the delivery 

10 capability of the Central Valley 

11 Project yield. To the maximum extent 

12 practicable and in accordance with 

13 section 3411, Central Valley Project 

14 water dedicated and managed pursu15 ant to this paragraph shall be reused 

16 to fulfill the remaining contractual ob17 ligations of the Secretary to provide 

18 Central Valley Project water for agri19 cultural or municipal and industrial 

20 purposes.’’; and 

21 (ii) by striking subparagraph (C) and 

22 inserting the following: 

23 ‘‘(C) MANDATORY REDUCTION.—If on 

24 March 15 of a given year, the quantity of Cen25 tral Valley Project water forecasted to be made 


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1 available to water service or repayment contrac2 tors in the Delta Division of the Central Valley 

3 Project is less than 75 percent of the total 

4 quantity of water to be made available under 

5 those contracts, the quantity of Central Valley 

6 Project yield dedicated and managed for that 

7 year under this paragraph shall be reduced by 

8 25 percent.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) SATISFACTION OF PURPOSES.—In carrying out 

11 this section, the Secretary shall be considered to have met 

12 the mitigation, protection, restoration, and enhancement 

13 purposes of this title.’’. 

14 SEC. 516. RESTORATION FUND. 

15 (a) IN GENERAL.—Section 3407(a) of the Central 

16 Valley Project Improvement Act (Public Law 102–575; 

17 106 Stat. 4726) is amended— 

18 (1) by striking ‘‘There is hereby’’ and inserting 

19 the following: 

20 ‘‘(1) ESTABLISHMENT.— 

21 ‘‘(A) IN GENERAL.—There is’’; 

22 (2) in paragraph (1)(A) (as designated by para23 graph (1)), by striking ‘‘Not less than 67 percent’’ 

24 and all that follows through ‘‘Monies’’ and inserting 

25 the following: 


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1 ‘‘(B) USE OF DONATED AMOUNTS.— 

2 Amounts’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(2) RESTRICTIONS.—The Secretary may not 

5 directly or indirectly require a donation or other 

6 payment (including environmental restoration or 

7 mitigation fees not otherwise provided by law) to the 

8 Restoration Fund— 

9 ‘‘(A) as a condition of— 

10 ‘‘(i) providing for the storage or con11 veyance of non-Central Valley Project 

12 water pursuant to Federal reclamation 

13 laws; or 

14 ‘‘(ii) the delivery of water pursuant to 

15 section 215 of the Reclamation Reform Act 

16 of 1982 (Public Law 97–293; 96 Stat. 

17 1270); or 

18 ‘‘(B) for any water that is delivered with 

19 the sole intent of groundwater recharge.’’. 

20 (b) CERTAIN PAYMENTS.—Section 3407(c)(1) of the 

21 Central Valley Project Improvement Act (Public Law 

22 102–575; 106 Stat. 4726) is amended— 

23 (1) by striking ‘‘mitigation and restoration pay24 ments, in addition to charges provided for or’’ and 

25 inserting ‘‘payments, in addition to charges’’; and 


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1 (2) by striking ‘‘of fish, wildlife’’ and all that 

2 follows through the period and inserting ‘‘of carrying 

3 out this title.’’. 

4 (c) ADJUSTMENT AND ASSESSMENT OF MITIGATION

5 AND RESTORATION PAYMENTS.—Section 3407(d) of the 

6 Central Valley Project Improvement Act (Public Law 

7 102–575; 106 Stat. 4727) is amended— 

8 (1) in paragraph (2)(A)— 

9 (A) by striking ‘‘, and $12 per acre-foot 

10 (October 1992 price levels) for municipal and 

11 industrial water sold and delivered by the Cen12 tral Valley Project’’ and inserting ‘‘$12 per 

13 acre-foot (October 1992 price levels) for munic14 ipal and industrial water sold and delivered by 

15 the Central Valley Project, and after October 1, 

16 2013, $4 per megawatt-hour for Central Valley 

17 Project power sold to power contractors (Octo18 ber 2013 price levels)’’; and 

19 (B) by inserting ‘‘ but not later than De20 cember 31, 2020,’’ after ‘‘That upon the com21 pletion of the fish, wildlife, and habitat mitiga22 tion and restoration actions mandated under 

23 section 3406 of this title,’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—For each fiscal year, the 

2 Secretary, in consultation with the Advisory Board, 

3 shall submit to Congress a plan for the expenditure 

4 of all of the funds deposited in the Restoration Fund 

5 during the preceding fiscal year. 

6 ‘‘(2) CONTENTS.—The plan shall include an 

7 analysis of the cost-effectiveness of each expenditure. 

8 ‘‘(h) ADVISORY BOARD.— 

9 ‘‘(1) ESTABLISHMENT.—There is established 

10 the Restoration Fund Advisory Board (referred to in 

11 this section as the ‘Advisory Board’), which shall be 

12 composed of 12 members appointed by the Sec13 retary. 

14 ‘‘(2) MEMBERSHIP.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 appoint members to the Advisory Board that 

17 represent the various Central Valley Project 

18 stakeholders, of whom— 

19 ‘‘(i) 4 members shall be agricultural 

20 users of the Central Valley Project; 

21 ‘‘(ii) 3 members shall be municipal 

22 and industrial users of the Central Valley 

23 Project; 

24 ‘‘(iii) 3 members shall be power con25 tractors of the Central Valley Project; and 


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1 ‘‘(iv) 2 members shall be appointed at 

2 the discretion of the Secretary. 

3 ‘‘(B) OBSERVERS.—The Secretary and the 

4 Secretary of Commerce may each designate a 

5 representative to act as an observer of the Advi6 sory Board. 

7 ‘‘(C) CHAIRMAN.—The Secretary shall ap8 point 1 of the members described in subpara9 graph (A) to serve as Chairman of the Advisory 

10 Board. 

11 ‘‘(3) TERMS.—The term of each member of the 

12 Advisory Board shall be for a period of 4 years. 

13 ‘‘(4) DUTIES.—The duties of the Advisory 

14 Board are— 

15 ‘‘(A) to meet not less frequently than semi16 annually to develop and make recommendations 

17 to the Secretary regarding priorities and spend18 ing levels on projects and programs carried out 

19 under this title; 

20 ‘‘(B) to ensure that any advice given or 

21 recommendation made by the Advisory Board 

22 reflects the independent judgment of the Advi23 sory Board; 

24 ‘‘(C) not later than December 31, 2013, 

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1 retary and Congress the recommendations 

2 under subparagraph (A); and 

3 ‘‘(D) not later than December 31, 2013, 

4 and biennially thereafter, to submit to Congress 

5 a report that details the progress made in 

6 achieving the actions required under section 

7 3406. 

8 ‘‘(5) ADMINISTRATION.—With the consent of 

9 the appropriate agency head, the Advisory Board 

10 may use the facilities and services of any Federal 

11 agency.’’. 

12 SEC. 517. ADDITIONAL AUTHORITIES. 

13 (a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 

14 3408 of the Central Valley Project Improvement Act 

15 (Public Law 102–575; 106 Stat. 4728) is amended by 

16 striking subsection (c) and inserting the following: 

17 ‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE AND

18 DELIVERY OF WATER.— 

19 ‘‘(1) IN GENERAL.—The Secretary may enter 

20 into contracts under the reclamation laws and this 

21 title with any Federal agency, California water user 

22 or water agency, State agency, or private organiza23 tion for the exchange, impoundment, storage, car24 riage, and delivery of nonproject water for domestic, 


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1 municipal, industrial, fish and wildlife, and any 

2 other beneficial purpose. 

3 ‘‘(2) LIMITATION.—Nothing in this subsection 

4 supersedes section 2(d) of the Act of August 26, 

5 1937 (chapter 832; 50 Stat. 850; 100 Stat. 3051). 

6 ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 

7 The Secretary shall use the authority granted by 

8 this subsection in connection with requests to ex9 change, impound, store, carry, or deliver nonproject 

10 water using Central Valley Project facilities for any 

11 beneficial purpose. 

12 ‘‘(4) RATES.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 develop rates not to exceed the amount required 

15 to recover the reasonable costs incurred by the 

16 Secretary in connection with a beneficial pur17 pose under this subsection. 

18 ‘‘(B) ADMINISTRATION.—The rates shall 

19 be charged to a party using Central Valley 

20 Project facilities for a beneficial purpose, but 

21 the costs described in subparagraph (A) shall 

22 not include any donation or other payment to 

23 the Restoration Fund. 

24 ‘‘(5) CONSTRUCTION.—This subsection shall be 

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1 age the use of Central Valley Project facilities to ex2 change, impound, store, carry, or deliver nonproject 

3 water for any beneficial purpose.’’. 

4 (b) REPORTING REQUIREMENTS.—Section 3408(f) of 

5 the Central Valley Project Improvement Act (Public Law 

6 102–575; 106 Stat. 4729) is amended— 

7 (1) in the first sentence, by striking ‘‘Interior 

8 and Insular Affairs and the Committee on Merchant 

9 Marine and Fisheries’’ and inserting ‘‘Natural Re10 sources’’; 

11 (2) in the second sentence, by inserting ‘‘, in12 cluding progress on the plan under subsection (j)’’ 

13 before the period at the end; and 

14 (3) by adding at the end the following: ‘‘The fil15 ing and adequacy of the report shall be personally 

16 certified to the Committees by the Regional Director 

17 of the Mid-Pacific Region of the Bureau of Reclama18 tion.’’. 

19 (c) PROJECT YIELD INCREASE.—Section 3408(j) of 

20 the Central Valley Project Improvement Act (Public Law 

21 102–575; 106 Stat. 4730) is amended— 

22 (1) by redesignating paragraphs (1) through 

23 (7) as subparagraphs (A) through (G), respectively, 

24 and indenting appropriately; 


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1 (2) by striking ‘‘In order to minimize adverse 

2 effects, if any, upon’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—In order to minimize ad4 verse effects upon’’; 

5 (3) in the second sentence, by striking ‘‘The 

6 plan’’ and all that follows through ‘‘options:’’ and in7 serting the following: 

8 ‘‘(2) CONTENTS.—The plan shall include rec9 ommendations on appropriate cost-sharing arrange10 ments and authorizing legislation or other measures 

11 needed to implement the intent, purposes, and provi12 sions of this subsection, as well as a description of 

13 how the Secretary intends to use—’’; 

14 (4) in paragraph (1) (as designated by para15 graph (2))— 

16 (A) by striking ‘‘needs, the Secretary, 

17 shall’’ and all that follows through ‘‘to the Con18 gress,’’ and inserting ‘‘needs, the Secretary, on 

19 a priority basis and not later than September 

20 30, 2013, shall submit to Congress’’; and 

21 (B) by striking ‘‘increase,’’ and all that fol22 lows through ‘‘under this title’’ and inserting 

23 ‘‘increase, as soon as practicable, but not later 

24 than September 30, 2016 (except that the con25 struction of new facilities shall not be limited by 


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1 that deadline), the water of the Central Valley 

2 Project by the quantity dedicated and managed 

3 for fish and wildlife purposes under this title 

4 and otherwise required to meet the purposes of 

5 the Central Valley Project, including satisfying 

6 contractual obligations’’; 

7 (5) in paragraph (2)(A) (as designated by para8 graph (1)), by inserting ‘‘and construction of new 

9 water storage facilities’’ before the semicolon; 

10 (6) in paragraph (2)(F) (as designated by para11 graph (1)), by striking ‘‘and’’ at the end; 

12 (7) in paragraph (2)(G) (as designated by para13 graph (1)), by striking the period and all that fol14 lows through the end of the subsection and inserting 

15 ‘‘; and’’; and 

16 (8) by adding after paragraph (2)(G) the fol17 lowing: 

18 ‘‘(H) water banking and recharge. 

19 ‘‘(3) IMPLEMENTATION OF PLAN.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 implement the plan under paragraph (1) begin22 ning on October 1, 2013. 

23 ‘‘(B) COORDINATION.—In carrying out this 

24 subsection, the Secretary shall coordinate with 

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1 ures for the long-term resolution of problems in 

2 the San Francisco Bay/Sacramento-San Joa3 quin Delta Estuary. 

4 ‘‘(4) FAILURE OF PLAN.—Notwithstanding any 

5 other provision of the reclamation laws, if by Sep6 tember 30, 2016, the plan under paragraph (1) fails 

7 to increase the annual delivery capability of the Cen8 tral Valley Project by 800,000 acre-feet, implemen9 tation of any nonmandatory action under section 

10 3406(b)(2) shall be suspended until the date on 

11 which the plan achieves an increase in the annual 

12 delivery capability of the Central Valley Project of 

13 800,000 acre-feet.’’. 

14 (d) TECHNICAL CORRECTIONS.—Section 3408(h) of 

15 the Central Valley Project Improvement Act (Public Law 

16 102–575; 106 Stat. 4729) is amended— 

17 (1) in paragraph (1), by striking ‘‘paragraph 

18 (h)(2)’’ and inserting ‘‘paragraph (2)’’; and 

19 (2) in paragraph (2), by striking ‘‘paragraph 

20 (h)(i)’’ and inserting ‘‘paragraph (1)’’. 

21 (e) WATER STORAGE PROJECT CONSTRUCTION.— 

22 (1) IN GENERAL.—The Secretary of the Inte23 rior, acting through the Commissioner of Reclama24 tion, may partner or enter into an agreement relat25 ing to the water storage projects described in section 


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1 103(d)(1) of the Water Supply, Reliability, and En2 vironmental Improvement Act (Public Law 108–361; 

3 118 Stat. 1684) with local joint powers authorities 

4 formed under State law by irrigation districts and 

5 other local governments or water districts within the 

6 applicable hydrological region to advance those water 

7 storage projects. 

8 (2) NO ADDITIONAL FEDERAL AMOUNTS.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), no additional Federal amounts are 

11 authorized to be appropriated to carry out the 

12 activities described in clauses (i) through (iii) of 

13 sections 103(d)(1)(A) of the Water Supply, Re14 liability, and Environmental Improvement Act 

15 (Public Law 108–361; 118 Stat. 1684) Public 

16 Law 108–361. 

17 (B) EXCEPTION.—Additional Federal 

18 amounts may be appropriated for construction 

19 of a project described in subparagraph (A) if 

20 non-Federal amounts are used to finance and 

21 construct the project. 

22 SEC. 518. BAY-DELTA ACCORD. 

23 (a) CONGRESSIONAL DIRECTION REGARDING CEN24 TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER

25 PROJECT OPERATIONS.— 


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1 (1) IN GENERAL.—The Central Valley Project 

2 and the California State Water Project shall be op3 erated strictly in accordance with the water quality 

4 standards and operational constraints described in 

5 the ‘‘Principles for Agreement on the Bay-Delta 

6 Standards Between the State of California and the 

7 Federal Government’’ dated December 15, 1994. 

8 (2) APPLICABILITY OF OTHER LAW.—The En9 dangered Species Act of 1973 (16 U.S.C. 1531 et 

10 seq.) and other applicable law shall not apply to op11 erations described in paragraph (1). 

12 (3) IMPLEMENTATION.—Implementation of the 

13 ‘‘Principles for Agreement on the Bay-Delta Stand14 ards Between the State of California and the Fed15 eral Government’’ dated December 15, 1994, shall 

16 be in strict compliance with the water rights priority 

17 system and statutory protections for areas of origin. 

18 (b) APPLICATION OF LAWS TO OTHERS.— 

19 (1) IN GENERAL.—As a condition of the receipt 

20 of Federal amounts for the Central Valley Project 

21 and the California State Water Project, the State of 

22 California (including any agency or board of the 

23 State of California), on any water right obtained 

24 pursuant to State law, including a pre-1914 appro25 priative right, shall not— 


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1 (A) impose any condition that restricts the 

2 exercise of that water right that is affected by 

3 operations of the Central Valley Project or Cali4 fornia State Water Project; or 

5 (B) restrict under the Public Trust Doc6 trine any public trust value imposed in order to 

7 conserve, enhance, recover, or otherwise protect 

8 any species. 

9 (2) FEDERAL AGENCIES.—The prohibition 

10 under paragraph (1)(A) shall apply to Federal agen11 cies. 

12 (c) COSTS.—No cost associated with the implementa13 tion of this section shall be imposed directly or indirectly 

14 on any Central Valley Project contractor, or any other per15 son or entity, unless those costs are incurred on a vol16 untary basis. 

17 (d) NATIVE SPECIES PROTECTION.—This section 

18 preempts any law of the State California law restricting 

19 the quantity or size of a nonnative fish that is taken or 

20 harvested that preys on 1 or more native fish species that 

21 occupy the Sacramento and San Joaquin Rivers and the 

22 tributaries of those rivers or the Sacramento-San Joaquin 

23 Rivers Delta. 


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1 SEC. 519. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 

2 After the date of enactment of this Act, and regard3 less of the date of listing, the Secretaries of the Interior 

4 and Commerce shall not distinguish between natural5 spawned and hatchery-spawned (or otherwise artificially 

6 propagated strains of a species) in making any determina7 tion under the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.) that relates to an anadromous fish 

9 species present in the Sacramento and San Joaquin Rivers 

10 or the tributaries of those rivers and that ascends those 

11 rivers and tributaries to reproduce after maturing in San 

12 Francisco Bay or the Pacific Ocean. 

13 SEC. 520. AUTHORIZED SERVICE AREA. 

14 (a) IN GENERAL.—The Secretary of the Interior, act15 ing through the Commissioner of Reclamation, shall in16 clude in the service area of the Central Valley Project au17 thorized under the Central Valley Project Improvement 

18 Act (Public Law 102–575; 106 Stat. 4706) the area with19 in the boundaries of the Kettleman City Community Serv20 ices District, California, as those boundaries are defined 

21 as of the date of enactment of this Act. 

22 (b) LONG-TERM CONTRACT.— 

23 (1) IN GENERAL.—Notwithstanding the Central 

24 Valley Project Improvement Act (Public Law 102– 

25 575; 106 Stat. 4706) and subject to paragraph (2), 

26 the Secretary, in accordance with the reclamation 


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1 laws, shall enter into a long-term contract with the 

2 Kettleman City Community Services District or the 

3 delivery of not more than 900 acre-feet of Central 

4 Valley Project water for municipal and industrial 

5 use. 

6 (2) REDUCTION IN CONTRACT.—The Secretary 

7 may temporarily reduce deliveries of the quantity of 

8 water made available under paragraph (1) by not 

9 more than 25 percent of the total whenever reduc10 tions due to hydrologic circumstances are imposed 

11 on agricultural deliveries of Central Valley Project 

12 water. 

13 (c) ADDITIONAL COST.—If any additional infrastruc14 ture or related costs are needed to implement this section, 

15 those costs shall be the responsibility of the non-Federal 

16 entity. 

17 SEC. 521. REGULATORY STREAMLINING. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CVP.—The term ‘‘CVP’’ means the Central 

20 Valley Project. 

21 (2) PROJECT.—The term ‘‘project’’— 

22 (A) means an activity that— 

23 (i) is undertaken by a public agency, 

24 funded by a public agency, or requires the 

25 issuance of a permit by a public agency; 


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1 (ii) has a potential to result in a phys2 ical change to the environment; and 

3 (iii) may be subject to several discre4 tionary approvals by governmental agen5 cies; 

6 (B) may include construction activities, 

7 clearing or grading of land, improvements to 

8 existing structures, and activities or equipment 

9 involving the issuance of a permit; or 

10 (C) has the meaning given the term de11 fined in section 21065 of the California Public 

12 Resource Code. 

13 (b) APPLICABILITY OF CERTAIN LAWS.—The filing 

14 of a notice of determination or a notice of exemption for 

15 any project, including the issuance of a permit under State 

16 law, for any project of the CVP or the delivery of water 

17 from the CVP in accordance with the California Environ18 mental Quality Act shall be considered to meet the re19 quirements for that project or permit under section 

20 102(2)(C) of the National Environmental Protection Act 

21 of 1969 (42 U.S.C. 4332(2)(C)). 

22 (c) CONTINUATION OF PROJECT.—The Bureau of 

23 Reclamation shall not be required to cease or modify any 

24 major Federal action or other activity for any project of 

25 the CVP or the delivery of water from the CVP pending 


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1 completion of judicial review of any determination made 

2 under the National Environmental Protection Act of 1969 

3 (42 U.S.C. 4321 et seq.). 

4 Subtitle B—San Joaquin River 

5 Restoration 

6 SEC. 531. REPEAL OF THE SAN JOAQUIN RIVER SETTLE7 MENT. 

8 As of the date of enactment of this Act, the Secretary 

9 shall cease any action to implement the Stipulation of Set10 tlement, Natural Resources Defense Council, Inc. v. Rod11 gers, No. Civ. S–88–1658 LKK/GGH (E.D. Cal. Sept. 13, 

12 2006). 

13 SEC. 532. PURPOSE. 

14 Section 10002 of the San Joaquin River Restoration 

15 Settlement Act (Public Law 111–11; 123 Stat. 1349) is 

16 amended by striking ‘‘implementation of the Settlement’’ 

17 and inserting ‘‘restoration of the San Joaquin River’’. 

18 SEC. 533. DEFINITIONS. 

19 Section 10003 of the San Joaquin River Restoration 

20 Settlement Act (Public Law 111–11; 123 Stat. 1349) is 

21 amended— 

22 (1) by redesignating paragraphs (2) and (3) as 

23 paragraphs (3) and (4), respectively; 

24 (2) by striking paragraph (1) and inserting the 

25 following: 


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1 ‘‘(1) CRITICAL WATER YEAR.—The term ‘crit2 ical water year’ means a year in which the total 

3 unimpaired runoff at Friant Dam is less than 

4 400,000 acre-feet, as forecasted as of March 1 of 

5 that water year by the California Department of 

6 Water Resources. 

7 ‘‘(2) RESTORATION FLOWS.—The term ‘Res8 toration Flows’ means the additional water released 

9 or bypassed from Friant Dam to ensure that the 

10 target flow entering Mendota Pool, located approxi11 mately 62 river miles downstream from Friant Dam, 

12 does not fall below a speed of 50 cubic feet per sec13 ond.’’; and 

14 (3) by striking paragraph (4) (as redesignated 

15 by paragraph (1)) and inserting the following: 

16 ‘‘(4) WATER YEAR.—The term ‘water year’ 

17 means the period beginning March 1 of a given year 

18 and ending on the last day of February of the fol19 lowing calendar year.’’. 

20 SEC. 534. IMPLEMENTATION OF RESTORATION. 

21 Section 10004 of the San Joaquin River Restoration 

22 Settlement Act (Public Law 111–11; 123 Stat. 1350) is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘hereby authorized and di2 rected’’ and all that follows through ‘‘in the 

3 Settlement:’’ and inserting ‘‘may carry out the 

4 following:’’; 

5 (B) by striking paragraphs (1), (2), (4), 

6 and (5); 

7 (C) by redesignating paragraph (3) as 

8 paragraph (1); 

9 (D) in paragraph (1) (as redesignated by 

10 subparagraph (C)), by striking ‘‘paragraph 13 

11 of the Settlement’’ and inserting ‘‘this part’’; 

12 and 

13 (E) by adding at the end the following : 

14 ‘‘(2) In each water year, beginning in the water 

15 year commencing on March 1, 2013, the Secretary— 

16 ‘‘(A) shall modify Friant Dam operations 

17 to release the Restoration Flows for that water 

18 year, unless the year is a critical water year; 

19 ‘‘(B) shall ensure that— 

20 ‘‘(i) the release of Restoration Flows 

21 are maintained at the level prescribed by 

22 this part; and 

23 ‘‘(ii) Restoration Flows do not reach 

24 downstream of Mendota Pool; 


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1 ‘‘(C) shall release the Restoration Flows in 

2 a manner that improves the fishery in the San 

3 Joaquin River below Friant Dam and upstream 

4 of Gravelly Ford, Nevada, as in existence on the 

5 date of the enactment of the Sacramento and 

6 San Joaquin Valleys Water Reliability Act, in7 cluding the associated riparian habitat; and 

8 ‘‘(D) may, without limiting the actions re9 quired under subparagraphs (A) and (C) and 

10 subject to paragraph (3) and subsection (l), use 

11 the Restoration Flows to enhance or restore a 

12 warm water fishery downstream of Gravelly 

13 Ford, Nevada, including to Mendota Pool, if the 

14 Secretary determines that the action is reason15 able, prudent, and feasible. 

16 ‘‘(3) Not later than 1 year after the date of en17 actment of the Sacramento and San Joaquin Valleys 

18 Water Reliability Act, the Secretary shall develop 

19 and implement, in cooperation with the State of 

20 California, a reasonable plan— 

21 ‘‘(A) to fully recirculate, recapture, reuse, 

22 exchange, or transfer all Restoration Flows; 

23 and 

24 ‘‘(B) to provide the recirculated, recap25 tured, reused, exchanged, or transferred flows 


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1 to those contractors within the Friant Division, 

2 Hidden Unit, and Buchanan Unit of the Cen3 tral Valley Project that relinquished the Res4 toration Flows that were recirculated, recap5 tured, reused, exchanged, or transferred. 

6 ‘‘(4) The plan described in paragraph (3) 

7 shall— 

8 ‘‘(A) address any impact on groundwater 

9 resources within the service area of the Friant 

10 Division, Hidden Unit, and Buchanan Unit of 

11 the Central Valley Project and mitigation may 

12 include groundwater banking and recharge 

13 projects; 

14 ‘‘(B) not impact the water supply or water 

15 rights of any entity outside the Friant Division, 

16 Hidden Unit, and Buchanan Unit of the Cen17 tral Valley Project; and 

18 ‘‘(C) be subject to applicable provisions of 

19 California water law and the use by the Sec20 retary of the Interior of Central Valley Project 

21 facilities to make Project water (other than 

22 water released from Friant Dam under this 

23 part) and water acquired through transfers 

24 available to existing south of Delta Central Val25 ley Project contractors.’’; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1), by striking ‘‘the Set3 tlement’’ and inserting ‘‘this part’’; and 

4 (B) in paragraph (2), by striking ‘‘the Set5 tlement’’ and inserting ‘‘this part’’; 

6 (3) in subsection (c), by striking ‘‘the Settle7 ment’’ and inserting ‘‘this part’’; 

8 (4) by striking subsection (d) and inserting the 

9 following: 

10 ‘‘(d) MITIGATION OF IMPACTS.— 

11 ‘‘(1) IN GENERAL.—Not later than October 1, 

12 2013 and subject to paragraph (2), the Secretary 

13 shall identify— 

14 ‘‘(A) the impacts associated with the re15 lease of Restoration Flows prescribed in this 

16 part; and 

17 ‘‘(B) the measures to be implemented to 

18 mitigate impacts on adjacent and downstream 

19 water users, landowners, and agencies as a re20 sult of Restoration Flows. 

21 ‘‘(2) MITIGATION MEASURES.—Before imple22 menting a decision or agreement to construct, im23 prove, operate, or maintain a facility that the Sec24 retary determines is necessary to implement this 

25 part, the Secretary shall implement all mitigation 


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1 measures identified in paragraph (1)(B) before the 

2 date on which Restoration Flows are commenced.’’; 

3 (5) in subsection (e), by striking ‘‘the Settle4 ment’’ and inserting ‘‘this part’’; 

5 (6) in subsection (f), by striking ‘‘the Settle6 ment and section 10011’’ and inserting ‘‘this part’’; 

7 (7) in subsection (g)— 

8 (A) by striking ‘‘the Settlement and’’; and 

9 (B) by striking ‘‘or exchange contract’’ and 

10 inserting ‘‘exchange contract, water rights set11 tlement, or holding contract’’; 

12 (8) in subsection (h)— 

13 (A) by striking ‘‘INTERIM’’ in the header; 

14 (B) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘Interim Flows 

17 under the Settlement’’ and inserting ‘‘Res18 toration Flows under this part’’; 

19 (ii) in subparagraph (C)— 

20 (I) in clause (i), by striking ‘‘In21 terim’’ and inserting ‘‘Restoration’’; 

22 and 

23 (II) in clause (ii), by inserting 

24 ‘‘and’’ after the semicolon; 


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1 (iii) in subparagraph (D), by striking 

2 ‘‘and’’ at the end; and 

3 (iv) by striking subparagraph (E); 

4 (C) by striking paragraph (2) and insert5 ing the following: 

6 ‘‘(2) CONDITIONS FOR RELEASE.—The Sec7 retary may release Restoration Flows to the extent 

8 that the flows would not exceed existing downstream 

9 channel capacities.’’; 

10 (D) in paragraph (3), by striking ‘‘In11 terim’’ and inserting ‘‘Restoration’’; and 

12 (E) by striking paragraph (4) and insert13 ing the following: 

14 ‘‘(4) CLAIMS.—Not later than 60 days after the 

15 date of enactment of the Sacramento and San Joa16 quin Valleys Water Reliability Act, the Secretary 

17 shall issue, by regulation, a claims process to ad18 dress claims, including groundwater seepage, flood19 ing, or levee instability damages caused as a result 

20 of, arising out of, or related to implementation of 

21 this subtitle.’’; 

22 (9) in subsection (i)— 

23 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘the Settlement and 

3 parts I and III’’ and inserting ‘‘this part’’; 

4 (ii) in subparagraph (A), by inserting 

5 ‘‘and’’ after the semicolon; 

6 (iii) in subparagraph (B)— 

7 (I) by striking ‘‘additional 

8 amounts authorized to be appro9 priated, including the’’; and 

10 (II) by striking ‘‘; and’’ and in11 serting a period; and 

12 (iv) by striking subparagraph (C); and 

13 (B) by striking paragraph (3); and 

14 (10) by adding at the end the following: 

15 ‘‘(k) NO IMPACTS ON OTHER INTERESTS.— 

16 ‘‘(1) IN GENERAL.—No Central Valley Project 

17 or other water (other than San Joaquin River water 

18 impounded by or bypassed from Friant Dam) shall 

19 be used to implement subsection (a)(2) unless the 

20 use is on a voluntary basis. 

21 ‘‘(2) INVOLUNTARY COSTS.—No cost associated 

22 with the implementation of this section shall be im23 posed directly or indirectly on any Central Valley 

24 Project contractor, or any other person or entity, 

25 outside the Friant Division, the Hidden Unit, or the 


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1 Buchanan Unit, unless the cost is incurred on a vol2 untary basis. 

3 ‘‘(3) REDUCTION IN WATER SUPPLIES.—The 

4 implementation of this part shall not directly or indi5 rectly reduce any water supply or water reliability on 

6 any Central Valley Project contractor, any State 

7 Water Project contractor, or any other person or en8 tity, outside the Friant Division, the Hidden Unit, 

9 or the Buchanan Unit, unless the reduction or cost 

10 is incurred on a voluntary basis. 

11 ‘‘(l) PRIORITY.—Each action taken under this part 

12 shall be subordinate to the use by the Secretary of Central 

13 Valley Project facilities to make Project water available 

14 to Project contractors, other than water released from the 

15 Friant Dam under this part. 

16 ‘‘(m) APPLICABILITY.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding section 8 

18 of the Act of June 17, 1902 (32 Stat. 390, chapter 

19 1093), except as provided in this part and subtitle 

20 D of the Sacramento and San Joaquin Valleys 

21 Water Reliability Act, this part— 

22 ‘‘(A) preempts and supersedes any State 

23 law, regulation, or requirement that imposes 

24 more restrictive requirements or regulations on 

25 the activities authorized under this part; and 


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1 ‘‘(B) does not alter or modify any obliga2 tion of the Friant Division, Hidden Unit, and 

3 Buchanan Unit of the Central Valley Project, 

4 or other water users on the San Joaquin River, 

5 or tributaries of the San Joaquin River, under 

6 any order issued by the State Water Resources 

7 Control Board under the Porter-Cologne Water 

8 Quality Control Act (California Water Code sec9 tion 13000 et seq.). 

10 ‘‘(2) APPLICABILITY.—An order described in 

11 paragraph (1)(B) shall be consistent with any con12 gressional authorization for any affected Federal fa13 cility relating to the Central Valley Project. 

14 ‘‘(n) PROJECT IMPLEMENTATION.—Any project to 

15 implement this part shall be phased such that each project 

16 shall include— 

17 ‘‘(1) the project purpose and need; 

18 ‘‘(2) identification of mitigation measures; 

19 ‘‘(3) appropriate environmental review; and 

20 ‘‘(4) prior to releasing Restoration Flows under 

21 this part the completion of the any required mitiga22 tion measures and the completion of the project.’’. 


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1 SEC. 535. DISPOSAL OF PROPERTY; TITLE TO FACILITIES. 

2 Section 10005 of the San Joaquin River Restoration 

3 Settlement Act (Public Law 111–11; 123 Stat. 1353) is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘the Settle6 ment authorized by this part’’ and inserting ‘‘this 

7 part’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘(1) IN GENERAL.— 

11 The Secretary’’ and inserting ‘‘The Sec12 retary’’; and 

13 (ii) by striking ‘‘the Settlement au14 thorized by this part’’ and inserting ‘‘this 

15 part’’; and 

16 (B) by striking paragraph (2); and 

17 (3) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘the Set19 tlement’’ and inserting ‘‘this part’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘through the exercise 

22 of its eminent domain authority’’; and 

23 (ii) by striking ‘‘the Settlement’’ and 

24 inserting ‘‘this part’’; and 

25 (C) in paragraph (3), by striking ‘‘section 

26 10009(c)’’ and inserting ‘‘section 10009’’. 


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1 SEC. 536. COMPLIANCE WITH APPLICABLE LAW. 

2 Section 10006 of the San Joaquin River Restoration 

3 Settlement Act (Public Law 111–11; 123 Stat. 1354) is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by inserting ‘‘, un7 less otherwise provided by this part’’ before the 

8 period at the end; and 

9 (B) in paragraph (2), by striking ‘‘the Set10 tlement’’ and inserting ‘‘this part’’; 

11 (2) in subsection (b), by inserting ‘‘, unless oth12 erwise provided by this part’’ before the period at 

13 the end; 

14 (3) in subsection (c)— 

15 (A) in paragraph (2), by striking ‘‘section 

16 10004’’ and inserting ‘‘this part’’; and 

17 (B) in paragraph (3), by striking ‘‘the Set18 tlement’’ and inserting ‘‘this part’’; and 

19 (4) in subsection (d)— 

20 (A) by inserting ‘‘, including, without limi21 tation, the costs of implementing subsections 

22 (d) and (h)(4) of section 10004,’’ after ‘‘imple23 menting this part’’; and 

24 (B) by striking ‘‘for implementation of the 

25 Settlement,’’. 


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1 SEC. 537. COMPLIANCE WITH CENTRAL VALLEY PROJECT 

2 IMPROVEMENT ACT. 

3 Section 10007 of the San Joaquin River Restoration 

4 Settlement Act (Public Law 111–11; 123 Stat. 1354) is 

5 amended— 

6 (1) in the matter preceding paragraph (1)— 

7 (A) by striking ‘‘the Settlement’’ and in8 serting ‘‘the enactment of this part’’; and 

9 (B) by inserting: ‘‘and the obligations of 

10 the Secretary and all other parties to protect 

11 and keep in good condition any fish that may 

12 be planted or exist below Friant Dam, including 

13 any obligations under section 5937 of the Cali14 fornia Fish and Game Code and the public 

15 trust doctrine, and those of the Secretary and 

16 all other parties under the Endangered Species 

17 Act of 1973 (16 U.S.C. 1531 et seq.)’’ before 

18 ‘‘, provided’’; and 

19 (2) in paragraph (1), by striking ‘‘, as provided 

20 in the Settlement’’. 

21 SEC. 538. NO PRIVATE RIGHT OF ACTION. 

22 Section 10008(a) of the San Joaquin River Restora23 tion Settlement Act (Public Law 111–11; 123 Stat. 1355) 

24 is amended— 

25 (1) by striking ‘‘not a party to the Settlement’’; 

26 and 


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1 (2) by striking ‘‘or the Settlement’’ and insert2 ing ‘‘unless otherwise provided by this part, but any 

3 Central Valley Project long-term water service or re4 payment contractor within the Friant Division, Hid5 den unit, or Buchanan unit adversely affected by the 

6 failure of the Secretary to comply with section 

7 10004(a)(3) may bring an action against the Sec8 retary for injunctive relief, damages, or both.’’. 

9 SEC. 539. IMPLEMENTATION. 

10 Section 10009 of the San Joaquin River Restoration 

11 Settlement Act (Public Law 111–11; 123 Stat. 1355) is 

12 amended— 

13 (1) in the section heading, by striking ‘‘; SET14 TLEMENT FUND’’; 

15 (2) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘the Settlement’’ the 

18 first place it appears and inserting ‘‘this 

19 part’’; 

20 (ii) by striking ‘‘, estimated to total’’ 

21 and all that follows through ‘‘subsection 

22 (b)(1),’’; and 

23 (iii) by striking ‘‘; provided however,’’ 

24 and all that follows through 

25 ‘‘$110,000,000 of State funds’’; 


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1 (B) in paragraph (2)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘(A) IN GENERAL.—The Secretary’’ and 

4 inserting ‘‘The Secretary’’; and 

5 (ii) by striking subparagraph (B); and 

6 (C) in paragraph (3)— 

7 (i) by striking ‘‘Except as provided in 

8 the Settlement, to’’ and inserting ‘‘To’’; 

9 and 

10 (ii) by striking ‘‘this Settlement’’ and 

11 inserting ‘‘this part’’; 

12 (3) in subsection (b)(1)— 

13 (A) by striking ‘‘In addition’’ and all that 

14 follows through ‘‘however, that the’’ and insert15 ing ‘‘The’’; 

16 (B) by striking ‘‘such additional appropria17 tions only in amounts equal to’’; and 

18 (C) by striking ‘‘or the Settlement’’; 

19 (4) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘the Settlement’’ 

23 and inserting ‘‘this part’’; 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘from the sale of water pursuant to the 

3 Settlement, or’’; and 

4 (iii) in subparagraph (D), by striking 

5 ‘‘the Settlement’’ and inserting ‘‘this 

6 part’’; and 

7 (B) in paragraph (2), by striking ‘‘the Set8 tlement and’’; and 

9 (5) by striking subsections (d) through (f). 

10 SEC. 540. REPAYMENT CONTRACTS AND ACCELERATION OF 

11 REPAYMENT OF CONSTRUCTION COSTS. 

12 Section 10010 of the San Joaquin River Restoration 

13 Settlement Act (Public Law 111–11; 123 Stat. 1358) is 

14 amended— 

15 (1) in paragraphs (3)(D) and (4)(C) of sub16 section (a), by striking ‘‘the Settlement and’’ each 

17 place it appears; 

18 (2) in subsection (c), by striking paragraph (3); 

19 (3) in subsection (d)(1), by striking ‘‘the Settle20 ment’’ each place it appears and inserting ‘‘this 

21 part’’; and 

22 (4) in subsection (e)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘Interim Flows or Res25 toration Flows, pursuant to paragraphs 13 


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1 or 15 of the Settlement’’ and inserting 

2 ‘‘Restoration Flows, pursuant to this 

3 part’’; 

4 (ii) by striking ‘‘Interim Flows or’’ be5 fore ‘‘Restoration Flows’’; and 

6 (iii) by striking ‘‘the Interim Flows or 

7 Restoration Flows or is intended to other8 wise facilitate the Water Management 

9 Goal, as described in the Settlement’’ and 

10 inserting ‘‘Restoration Flows’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘except as provided in 

13 paragraph 16(b) of the Settlement’’; and 

14 (ii) by striking ‘‘the Interim Flows or 

15 Restoration Flows or to facilitate the 

16 Water Management Goal’’ and inserting 

17 ‘‘Restoration Flows’’. 

18 SEC. 541. REPEAL. 

19 Section 10011 of the San Joaquin River Restoration 

20 Settlement Act (Public Law 111–11; 123 Stat. 1362) is 

21 repealed. 

22 SEC. 542. WATER SUPPLY MITIGATION. 

23 Section 10202(b) of the San Joaquin River Restora24 tion Settlement Act (Public Law 111–11; 123 Stat. 1365) 

25 is amended— 


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1 (1) in paragraph (1), by striking ‘‘the Interim 

2 or Restoration Flows authorized in part I of this 

3 subtitle’’ and inserting ‘‘Restoration Flows author4 ized in this part’’; 

5 (2) in paragraph (2), by striking ‘‘the Interim 

6 or Restoration Flows authorized in part I of this 

7 subtitle’’ and inserting ‘‘Restoration Flows author8 ized in this part’’; and 

9 (3) in paragraph (3)— 

10 (A) in subparagraph (A), by striking 

11 ‘‘meet the Restoration Goal as described in part 

12 I of this subtitle’’ and inserting ‘‘recover Res13 toration Flows as described in this part’’; and 

14 (B) in subparagraph (C)— 

15 (i) by striking ‘‘the Interim or Res16 toration Flows authorized in part I of this 

17 subtitle’’ and inserting ‘‘Restoration Flows 

18 authorized in this part’’; and 

19 (ii) by striking ‘‘, and for ensuring ap20 propriate adjustment in the recovered 

21 water account pursuant to section 

22 10004(a)(5)’’. 


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1 SEC. 543. ADDITIONAL AUTHORITIES. 

2 Section 10203 of the San Joaquin River Restoration 

3 Settlement Act (Public Law 111–11; 123 Stat. 1367) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) by striking ‘‘section 10004(a)(4)’’ and 

7 inserting ‘‘section 10004(a)(3)’’; and 

8 (B) by striking ‘‘, provided’’ and all that 

9 follows through ‘‘section 10009(f)(2)’’; and 

10 (2) by striking subsection (c). 

11 Subtitle C—Repayment Contracts 

12 and Acceleration of Repayment 

13 of Construction Costs 

14 SEC. 551. REPAYMENT CONTRACTS AND ACCELERATION OF 

15 REPAYMENT OF CONSTRUCTION COSTS. 

16 (a) CONVERSION OF CONTRACTS.— 

17 (1) CERTAIN CONTRACTS.— 

18 (A) IN GENERAL.—Not later than 1 year 

19 after the date enactment of this Act, the Sec20 retary of the Interior, on the request of a con21 tractor, shall convert all existing long-term Cen22 tral Valley Project contracts entered into under 

23 section 9(e) of the Act of August 4, 1939 (53 

24 Stat. 1196, chapter 418), to a contract under 

25 section 9(d) of that Act (53 Stat. 1195), under 

26 mutually agreeable terms and conditions. 


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1 (B) RESTRICTIONS.—A contract converted 

2 under subparagraph (A) shall— 

3 (i) require the repayment, either in 

4 lump sum or by accelerated prepayment, of 

5 the remaining amount of construction costs 

6 identified in the most current version of 

7 the Central Valley Project Schedule of Irri8 gation Capital Allocations by Contractor, 

9 as adjusted to reflect payments not re10 flected in that schedule and properly as11 signable for ultimate return by the con12 tractor, not later than January 31, 2013 

13 (or if made in approximately equal annual 

14 installments, not later than January 31, 

15 2016), which amount shall be discounted 

16 by the Treasury rate (defined as the 20- 

17 year Constant Maturity Treasury rate pub18 lished by the Department of the Treasury 

19 as of October 1, 2012); 

20 (ii) require that, notwithstanding sub21 section (c)(2), construction costs or other 

22 capitalized costs incurred after the effec23 tive date of the converted contract or not 

24 reflected in the schedule described in 


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1 clause (i) and properly assignable to that 

2 contractor, shall be repaid— 

3 (I) in not more than 5 years 

4 after the date on which the contractor 

5 is notified of the allocation if that 

6 amount is a result of a collective an7 nual allocation of capital costs to the 

8 contractors exercising contract conver9 sions under this subsection of less 

10 than $5,000,000; or 

11 (II) if the allocation of capital 

12 costs described in subclause (I) equal 

13 $5,000,000 or more, as provided by 

14 applicable reclamation law, subject to 

15 the condition that the reference to the 

16 amount of $5,000,000 shall not be a 

17 precedent in any other context; and 

18 (iii) provide that power revenues will 

19 not be available to aid in the repayment of 

20 construction costs allocated to irrigation 

21 under the contract. 

22 (C) ESTIMATE.—Not later than 180 days 

23 after the date of enactment of this Act, the Sec24 retary of the Interior shall provide to each con25 tractor an estimate of the remaining amount of 


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1 construction costs under subparagraph (B)(i) as 

2 of January 31, 2013, as adjusted. 

3 (2) OTHER CONTRACTS.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this Act, on the 

6 request of a contractor, the Secretary may con7 vert any Central Valley Project long-term con8 tract entered into under section 9(c)(2) of the 

9 Act of August 4, 1939 (chapter 418; 53 Stat. 

10 1194) to a contract under section 9(c)(1) of 

11 that Act, under mutually agreeable terms and 

12 conditions. 

13 (B) RESTRICTIONS.—A contract converted 

14 under subparagraph (A) shall— 

15 (i) require the repayment in lump sum 

16 of the remaining amount of construction 

17 costs identified in the most current version 

18 of the Central Valley Project Schedule of 

19 Municipal and Industrial Water Rates, as 

20 adjusted to reflect payments not reflected 

21 in that schedule and properly assignable 

22 for ultimate return by the contractor, not 

23 later than January 31, 2016; and 

24 (ii) require that, notwithstanding sub25 section (c)(2), construction costs or other 


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1 capitalized costs incurred after the effec2 tive date of the contract or not reflected in 

3 the Schedule described in clause (i), and 

4 properly assignable to that contractor, 

5 shall be repaid— 

6 (I) in not more than 5 years 

7 after the date on which the contractor 

8 is notified of the allocation if the 

9 amount is a result of a collective an10 nual allocation of capital costs to the 

11 contractors exercising contract conver12 sions under this subsection of less 

13 than $5,000,000; or 

14 (II) if the allocation of capital 

15 costs described in subclause (I) equal 

16 $5,000,000 or more, as provided by 

17 applicable reclamation law, subject to 

18 the condition that the reference to the 

19 amount of $5,000,000 shall not be a 

20 precedent in any other context. 

21 (C) ESTIMATE.—Not later than 180 days 

22 after the date of enactment of this Act, the Sec23 retary of the Interior shall provide to each con24 tractor an estimate of the remaining amount of 


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1 construction costs under subparagraph (B)(i) as 

2 of January 31, 2016, as adjusted. 

3 (b) FINAL ADJUSTMENT.— 

4 (1) IN GENERAL.—The amounts paid pursuant 

5 to subsection (a) shall be subject to adjustment fol6 lowing a final cost allocation by the Secretary of the 

7 Interior on completion of the construction of the 

8 Central Valley Project. 

9 (2) REPAYMENT OBLIGATION.— 

10 (A) IN GENERAL.—If the final cost alloca11 tion indicates that the costs properly assignable 

12 to the contractor are greater than the amount 

13 that has been paid by the contractor, the con14 tractor shall pay the remaining allocated costs. 

15 (B) TERMS.—The term of an additional 

16 repayment contract described in subparagraph 

17 (A) shall be— 

18 (i) for not less than 1 year and not 

19 more than 10 years; and 

20 (ii) based on mutually agreeable provi21 sions regarding the rate of repayment of 

22 the amount developed by the parties. 

23 (3) CREDITS.—If the final cost allocation indi24 cates that the costs properly assignable to the con25 tractor are less than the amount that the contractor 


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1 has paid, the Secretary of the Interior shall credit 

2 the amount of the overpayment as an offset against 

3 any outstanding or future obligation of the con4 tractor. 

5 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

6 (1) IN GENERAL.—Notwithstanding any repay7 ment obligation under subsection (a)(1)(B)(ii) or 

8 subsection (b), on the compliance of a contractor 

9 with and discharge of the obligation of repayment of 

10 the construction costs under that subsection, the 

11 ownership and full-cost pricing limitations of any 

12 provision of the reclamation laws shall not apply to 

13 land in that district. 

14 (2) OTHER CONTRACTS.—Notwithstanding any 

15 repayment obligation under paragraph (1)(B)(ii) or 

16 (2)(B)(ii) of subsection (a) or subsection (b), on the 

17 compliance of a contractor with and discharge of the 

18 obligation of repayment of the construction costs 

19 under that subsection, the contractor shall continue 

20 to pay applicable operation and maintenance costs 

21 and other charges applicable to the repayment con22 tracts pursuant to then-current rate-setting policy 

23 and applicable law. 

24 (d) CERTAIN REPAYMENT OBLIGATIONS NOT AL25 TERED.—This section does not— 


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1 (1) alter the repayment obligation of any other 

2 long-term water service or repayment contractor re3 ceiving water from the Central Valley Project; or 

4 (2) shift any costs that would otherwise have 

5 been properly assignable to a contractor absent this 

6 section, including operations and maintenance costs, 

7 construction costs, or other capitalized costs in8 curred after the date of enactment of this Act, to 

9 other contractors. 

10 (e) STATUTORY INTERPRETATION.—Nothing in this 

11 subtitle affects the right of any long-term contractor to 

12 use a particular type of financing to make the payments 

13 required in paragraph (1)(B)(i) or (2)(B)(i) of subsection 

14 (a). 

15 Subtitle D—Bay-Delta Watershed 

16 Water Rights Preservation and 

17 Protection 

18 SEC. 561. WATER RIGHTS AND AREA-OF-ORIGIN PROTEC19 TIONS. 

20 Notwithstanding the provisions of this title, Federal 

21 reclamation law, or the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.)— 

23 (1) the Secretary of the Interior shall, in the 

24 operation of the Central Valley Project— 


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1 (A) strictly adhere to State water rights 

2 law governing water rights priorities by hon3 oring water rights senior to those belonging to 

4 the Central Valley Project, regardless of the 

5 source of priority; and 

6 (B) strictly adhere to and honor water 

7 rights and other priorities that are obtained or 

8 exist pursuant to the California Water Code, in9 cluding sections 10505, 10505:5, 11128, 

10 11460, 11463, and 12220; and 

11 (2) any action that affects the diversion of 

12 water or involves the release of water from any Cen13 tral Valley Project water storage facility taken by 

14 the Secretary of the Interior or the Secretary of 

15 Commerce to conserve, enhance, recover, or other16 wise protect any species listed under the Endangered 

17 Species Act of 1973 (16 U.S.C. 1531 et seq.) shall 

18 be applied in a manner that is consistent with water 

19 right priorities established by State law. 

20 SEC. 562. SACRAMENTO RIVER SETTLEMENT CONTRACTS. 

21 (a) IN GENERAL.—In carrying out the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.) in the Bay23 Delta and on the Sacramento River, the Secretary of the 

24 Interior and the Secretary of Commerce shall apply any 

25 limitations on the operation of the Central Valley Project 


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1 or relating to the formulation of any reasonable prudent 

2 alternative associated with the operation of the Central 

3 Valley Project in a manner that strictly adheres to and 

4 applies the water rights priorities for project water and 

5 base supply as provided in the Sacramento River Settle6 ment Contracts. 

7 (b) APPLICABILITY.—Article 3(i) of the Sacramento 

8 River Settlement Contracts shall not be used by the Sec9 retary of the Interior or any other Federal agency head 

10 as means to provide shortages that are different from 

11 those provided for in Article 5(a) of the Sacramento River 

12 Settlement Contracts. 

13 SEC. 563. SACRAMENTO RIVER WATERSHED WATER SERV14 ICE CONTRACTORS. 

15 (a) EXISTING CENTRAL VALLEY PROJECT AGRICUL16 TURAL WATER SERVICE CONTRACTORS WITHIN SAC17 RAMENTO RIVER WATERSHED.—In this section, the term 

18 ‘‘existing Central Valley Project agricultural water service 

19 contractors within the Sacramento River Watershed’’ 

20 means water service contractors within the Shasta, Trin21 ity, and Sacramento River Divisions of the Central Valley 

22 Project that have a water service contract in effect on the 

23 date of enactment of this Act that provides water for irri24 gation. 


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1 (b) ALLOCATION OF WATER.—Subject to subsection 

2 (c) and the absolute priority of the Sacramento River Set3 tlement Contractors to Sacramento River supplies over 

4 Central Valley Project diversions and deliveries to other 

5 contractors, the Secretary of the Interior shall, in the op6 eration of the Central Valley Project, allocate water pro7 vided for irrigation purposes to existing Central Valley 

8 Project agricultural water service contractors within the 

9 Sacramento River Watershed as follows: 

10 (1) Not less than 100 percent of the contract 

11 quantities in a ‘‘Wet’’ year (as that term is defined 

12 in the Sacramento Valley Water Year Type (40–30– 

13 30) Index). 

14 (2) Not less than 100 percent of the contract 

15 quantities in an ‘‘Above Normal’’ year (as that term 

16 is defined in the Sacramento Valley Water Year 

17 Type (40–30–30) Index). 

18 (3) Not less than 100 percent of the contract 

19 quantities in a ‘‘Below Normal’’ year (as that term 

20 is defined in the Sacramento Valley Water Year 

21 Type (40–30–30) Index). 

22 (4) Not less than 75 percent of the contract 

23 quantities in a ‘‘Dry’’ year (as that term is defined 

24 in the Sacramento Valley Water Year Type (40–30– 

25 30) Index). 


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1 (5) Not less than 50 percent of the contract 

2 quantities in a ‘‘Critically Dry’’ year (as that term 

3 is defined in the Sacramento Valley Water Year 

4 Type (40–30–30) Index). 

5 (c) PROTECTION OF MUNICIPAL AND INDUSTRIAL

6 SUPPLIES.— 

7 (1) IN GENERAL.—Nothing in this section— 

8 (A) modifies any provision of a water serv9 ice contract that addresses municipal and in10 dustrial water shortage policies of the Secretary 

11 of the Interior; 

12 (B) affects or limits the authority of the 

13 Secretary of the Interior— 

14 (i) to adopt or modify municipal and 

15 industrial water shortage policies; or 

16 (ii) to implement municipal and indus17 trial water shortage policies; or 

18 (C) affects allocations to Central Valley 

19 Project municipal and industrial contractors 

20 pursuant to the water shortage policies of the 

21 Secretary of the Interior. 

22 (2) APPLICABILITY.—This section does not con23 strain, govern, or affect, directly or indirectly, the 

24 operations of the American River Division of the 

25 Central Valley Project or any deliveries from that 


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1 Division, including the units and facilities of that 

2 Division. 

3 SEC. 564. NO REDIRECTED ADVERSE IMPACTS. 

4 The Secretary of the Interior shall ensure that there 

5 are no redirected adverse water supply or fiscal impacts 

6 to the State Water Project or to individuals within the 

7 Sacramento River or San Joaquin River watershed arising 

8 from the operation of the Secretary of the Central Valley 

9 Project to meet legal obligations imposed by or through 

10 any Federal or State agency, including— 

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

12 U.S.C. 1531 et seq.); 

13 (2) this title; and 

14 (3) actions or activities implemented to meet 

15 the twin goals of improving water supply and ad16 dressing the environmental needs of the Bay-Delta. 

17 Subtitle E—Miscellaneous 

18 SEC. 571. PRECEDENT. 

19 Congress finds that— 

20 (1) coordinated operations between the Central 

21 Valley Project and the State Water Project, as con22 sented to and requested by the State of California 

23 and the Federal Government, require the assertion 

24 of Federal supremacy to protect existing water 


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1 rights throughout the system, a circumstance that is 

2 unique to the State of California; and 

3 (2) this title should not serve as precedent for 

4 similar operations in any other State. 

5 TITLE VI—REDUCING 

6 REGULATORY BURDENS 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘Reducing Regulatory 

9 Burdens Act of 2012’’. 

10 SEC. 602. USE OF AUTHORIZED PESTICIDES. 

11 Section 3(f) of the Federal Insecticide, Fungicide, 

12 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

13 adding at the end the following: 

14 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex15 cept as provided in section 402(s) of the Federal 

16 Water Pollution Control Act (33 U.S.C. 1342(s)), 

17 the Administrator or a State may not require a per18 mit under that Act for a discharge from a point 

19 source into navigable waters of a pesticide author20 ized for sale, distribution, or use under this Act, or 

21 the residue of the pesticide, resulting from the appli22 cation of the pesticide.’’. 


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1 SEC. 603. DISCHARGES OF PESTICIDES. 

2 Section 402 of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1342) is amended by adding at the end 

4 the following: 

5 ‘‘(s) DISCHARGES OF PESTICIDES.— 

6 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

7 provided in paragraph (2), a permit shall not be re8 quired by the Administrator or a State under this 

9 Act for a discharge from a point source into navi10 gable waters of a pesticide authorized for sale, dis11 tribution, or use under the Federal Insecticide, Fun12 gicide, and Rodenticide Act (7 U.S.C. 136 et seq.), 

13 or the residue of the pesticide, resulting from the ap14 plication of the pesticide. 

15 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

16 apply to the following discharges of a pesticide or 

17 pesticide residue: 

18 ‘‘(A) A discharge resulting from the appli19 cation of a pesticide in violation of a provision 

20 of the Federal Insecticide, Fungicide, and 

21 Rodenticide Act (7 U.S.C. 136 et seq.) that is 

22 relevant to protecting water quality, if— 

23 ‘‘(i) the discharge would not have oc24 curred but for the violation; or 

25 ‘‘(ii) the quantity of a pesticide or 

26 pesticide residue in the discharge is greater 


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1 than would have occurred without the vio2 lation. 

3 ‘‘(B) Stormwater discharges subject to reg4 ulation under subsection (p). 

5 ‘‘(C) The following discharges subject to 

6 regulation under this section: 

7 ‘‘(i) Manufacturing or industrial efflu8 ent. 

9 ‘‘(ii) Treatment works effluent. 

10 ‘‘(iii) Discharges incidental to the nor11 mal operation of a vessel, including a dis12 charge resulting from ballasting operations 

13 or vessel biofouling prevention.’’. 

14 TITLE VII—FARM DUST 

15 REGULATION PREVENTION 

16 SEC. 701. SHORT TITLE. 

17 This title may be cited as the ‘‘Farm Dust Regulation 

18 Prevention Act of 2012’’. 

19 SEC. 702. TEMPORARY PROHIBITION AGAINST REVISING 

20 ANY NATIONAL AMBIENT AIR QUALITY 

21 STANDARD APPLICABLE TO COARSE PARTIC22 ULATE MATTER. 

23 Before the date that is 1 year after the date of enact24 ment of this Act, the Administrator of the Environmental 

25 Protection Agency (referred to in this title as the ‘‘AdminVerDate Mar 15 2010 05:48 Apr 26, 2012 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2365.IS S2365

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1 istrator’’) may not propose, finalize, implement, or enforce 

2 any regulation revising the national primary ambient air 

3 quality standard or the national secondary ambient air 

4 quality standard applicable to particulate matter with an 

5 aerodynamic diameter greater than 2.5 micrometers under 

6 section 109 of the Clean Air Act (42 U.S.C. 7409). 

7 SEC. 703. NUISANCE DUST. 

8 Part A of title I of the Clean Air Act (42 U.S.C. 7401 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY 

11 STATE, TRIBAL, AND LOCAL GOVERNMENTS. 

12 ‘‘(a) DEFINITION OF NUISANCE DUST.—In this sec13 tion: 

14 ‘‘(1) IN GENERAL.—The term ‘nuisance dust’ 

15 means particulate matter that— 

16 ‘‘(A) is generated primarily from natural 

17 sources, unpaved roads, agricultural activities, 

18 earth moving, or other activities typically con19 ducted in rural areas; 

20 ‘‘(B) consists primarily of soil, other nat21 ural or biological materials, or some combina22 tion of those materials; 

23 ‘‘(C) is not emitted directly into the ambi24 ent air from combustion, such as exhaust from 


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1 combustion engines and emissions from sta2 tionary combustion processes; and 

3 ‘‘(D) is not comprised of residuals from 

4 the combustion of coal. 

5 ‘‘(2) EXCLUSION.—The term ‘nuisance dust’ 

6 does not include radioactive particulate matter pro7 duced from uranium mining or processing. 

8 ‘‘(b) APPLICABILITY.—Except as provided in sub9 section (c), this Act does not apply to, and references in 

10 this Act to particulate matter are deemed to exclude, nui11 sance dust. 

12 ‘‘(c) EXCEPTION.—Subsection (a) does not apply 

13 with respect to any geographical area in which nuisance 

14 dust is not regulated under State, tribal, or local law inso15 far as the Administrator, in consultation with the Sec16 retary of Agriculture, finds that— 

17 ‘‘(1) nuisance dust (or any subcategory of nui18 sance dust) causes substantial adverse public health 

19 and welfare effects at ambient concentrations; and 

20 ‘‘(2) the benefits of applying standards and 

21 other requirements of this Act to nuisance dust (or 

22 a subcategory of nuisance dust) outweigh the costs 

23 (including local and regional economic and employ24 ment impacts) of applying those standards and other 

25 requirements to nuisance dust (or a subcategory).’’. 


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1 SEC. 704. SENSE OF CONGRESS. 

2 It is the sense of Congress that the Administrator 

3 should implement an approach to excluding so-called ‘‘ex4 ceptional events’’, or events that are not reasonably con5 trollable or preventable, from determinations of whether 

6 an area is in compliance with any national ambient air 

7 quality standard applicable to coarse particulate matter 

8 that— 

9 (1) maximizes transparency and predictability 

10 for States, Indian tribes, and local governments; and 

11 (2) minimizes the regulatory and cost burdens 

12 States, Indian tribes, and local governments bear in 

13 excluding those events. 

14 SEC. 705. IMPACTS OF EPA REGULATORY ACTIVITY ON EM15 PLOYMENT AND ECONOMIC ACTIVITY IN AG16 RICULTURE COMMUNITY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COVERED ACTION.—The term ‘‘covered ac19 tion’’ means any of the following actions taken by 

20 the Administrator under the Clean Air Act (42 

21 U.S.C. 7401 et seq.) relating to agriculture and the 

22 national primary ambient air quality standard or the 

23 national secondary ambient air quality standard for 

24 particulate matter: 


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1 (A) Promulgating or issuing a regulation, 

2 policy statement, guidance, response to a peti3 tion, or other requirement. 

4 (B) Implementing a new or substantially 

5 altered program. 

6 (2) MORE THAN A DE MINIMIS NEGATIVE IM7 PACT.—The term ‘‘more than a de minimis negative 

8 impact’’ means— 

9 (A) with respect to employment levels, a 

10 loss of more than 100 jobs relating to the agri11 culture industry, as calculated by excluding con12 sideration of any offsetting job gains that result 

13 from the hypothetical creation of new jobs 

14 through new technologies or government em15 ployment; and 

16 (B) with respect to economic activity, a de17 crease in agricultural economic activity of more 

18 than $1,000,000 over any calendar year, as cal19 culated by excluding consideration of any offset20 ting economic activity that results from the hy21 pothetical creation of new economic activity 

22 through new technologies or government em23 ployment. 


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1 (b) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY2 MENT AND ECONOMIC ACTIVITY IN THE AGRICULTURE

3 COMMUNITY.— 

4 (1) ANALYSIS.—Before taking a covered action, 

5 the Administrator shall analyze the impact, 

6 disaggregated by State, of the covered action on— 

7 (A) employment levels in the agriculture 

8 industry; and 

9 (B) agricultural economic activity, includ10 ing estimated job losses and decreased economic 

11 activity relating to agriculture. 

12 (2) ECONOMIC MODELS.— 

13 (A) IN GENERAL.—In carrying out para14 graph (1), the Administrator shall use the best 

15 available economic models. 

16 (B) ANNUAL GAO REPORT.—Not later 

17 than December 31 of each year, the Comp18 troller General of the United States shall sub19 mit to Congress a report on the economic mod20 els used by the Administrator to carry out this 

21 subsection. 

22 (3) AVAILABILITY OF INFORMATION.—With re23 spect to any covered action, the Administrator 

24 shall— 


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1 (A) post the analysis under paragraph (1) 

2 as a link on the main page of the public Inter3 net website of the Environmental Protection 

4 Agency; 

5 (B) request the Secretary of Agriculture to 

6 post the analysis under paragraph (1) as a link 

7 on the main page of the public Internet website 

8 of the Department of Agriculture; and 

9 (C) request that the Governor of any State 

10 experiencing more than a de minimis negative 

11 impact post the analysis on the main page of 

12 the public Interest website of the State. 

13 (c) PUBLIC HEARINGS.— 

14 (1) IN GENERAL.—If the Administrator con15 cludes under subsection (a)(1) that a covered action 

16 will have more than a de minimis negative impact on 

17 agricultural employment levels or agricultural eco18 nomic activity in a State, the Administrator shall 

19 hold a public hearing in each such State at least 30 

20 days before the effective date of the covered action. 

21 (2) TIME, LOCATION, AND SELECTION.—A pub22 lic hearing required under paragraph (1) shall be 

23 held at— 

24 (A) a convenient time and location for im25 pacted residents; and 


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1 (B) at such location selected by the Ad2 ministrator as shall give priority to locations in 

3 the State that will experience the greatest num4 ber of job losses. 

5 (d) NOTIFICATION.—If the Administrator concludes 

6 under subsection (b)(1) that a covered action will have 

7 more than a de minimis negative impact on agricultural 

8 employment levels or agricultural economic activity in any 

9 State, the Administrator shall give notice of the impact 

10 to the congressional delegation, Governor, and legislature 

11 of the State at least 45 days before the effective date of 

12 the covered action. 

13 TITLE VIII—ENERGY TAX 

14 PREVENTION 

15 SEC. 801. SHORT TITLE. 

16 This title may be cited as the ‘‘Energy Tax Preven17 tion Act of 2012’’. 

18 SEC. 802. NO REGULATION OF EMISSIONS OF GREENHOUSE 

19 GASES. 

20 Title III of the Clean Air Act (42 U.S.C. 7601 et 

21 seq.) is amended by adding at the end the following: 

22 ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF GREEN23 HOUSE GASES. 

24 ‘‘(a) DEFINITION.—In this section, the term ‘green25 house gas’ means any of the following: 


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1 ‘‘(1) Water vapor. 

2 ‘‘(2) Carbon dioxide. 

3 ‘‘(3) Methane. 

4 ‘‘(4) Nitrous oxide. 

5 ‘‘(5) Sulfur hexafluoride. 

6 ‘‘(6) Hydrofluorocarbons. 

7 ‘‘(7) Perfluorocarbons. 

8 ‘‘(8) Any other substance subject to, or pro9 posed to be subject to, regulation, action, or consid10 eration under this Act to address climate change. 

11 ‘‘(b) LIMITATION ON AGENCY ACTION.— 

12 ‘‘(1) LIMITATION.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 may not, under this Act, promulgate any regu15 lation concerning, take action relating to, or 

16 take into consideration the emission of a green17 house gas to address climate change. 

18 ‘‘(B) AIR POLLUTANT DEFINITION.—The 

19 definition of the term ‘air pollutant’ in section 

20 302(g) does not include a greenhouse gas. Not21 withstanding the previous sentence, such defini22 tion may include a greenhouse gas for purposes 

23 of addressing concerns other than climate 

24 change. 


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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

2 prohibit the following: 

3 ‘‘(A) Notwithstanding paragraph (4)(B), 

4 implementation and enforcement of the rule en5 titled ‘Light-Duty Vehicle Greenhouse Gas 

6 Emission Standards and Corporate Average 

7 Fuel Economy Standards’ (75 Fed. Reg. 25324 

8 (May 7, 2010) and without further revision) 

9 and finalization, implementation, enforcement, 

10 and revision of the proposed rule entitled 

11 ‘Greenhouse Gas Emissions Standards and 

12 Fuel Efficiency Standards for Medium- and 

13 Heavy-Duty Engines and Vehicles’ published at 

14 75 Fed. Reg. 74152 (November 30, 2010). 

15 ‘‘(B) Implementation and enforcement of 

16 section 211(o). 

17 ‘‘(C) Statutorily authorized Federal re18 search, development, and demonstration pro19 grams addressing climate change. 

20 ‘‘(D) Implementation and enforcement of 

21 title VI to the extent such implementation or 

22 enforcement only involves one or more class I or 

23 class II substances (as such terms are defined 

24 in section 601). 


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1 ‘‘(E) Implementation and enforcement of 

2 section 821 (42 U.S.C. 7651k note) of Public 

3 Law 101–549 (commonly referred to as the 

4 ‘Clean Air Act Amendments of 1990’). 

5 ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth6 ing listed in paragraph (2) shall cause a greenhouse 

7 gas to be subject to part C of title I (relating to pre8 vention of significant deterioration of air quality) or 

9 considered an air pollutant for purposes of title V 

10 (relating to air permits). 

11 ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The 

12 following rules, and actions (including any supple13 ment or revision to such rules and actions) are re14 pealed and shall have no legal effect: 

15 ‘‘(A) ‘Mandatory Reporting of Greenhouse 

16 Gases’, published at 74 Fed. Reg. 56260 (Octo17 ber 30, 2009). 

18 ‘‘(B) ‘Endangerment and Cause or Con19 tribute Findings for Greenhouse Gases under 

20 section 202(a) of the Clean Air Act’ published 

21 at 74 Fed. Reg. 66496 (Dec. 15, 2009). 

22 ‘‘(C) ‘Reconsideration of the Interpretation 

23 of Regulations That Determine Pollutants Cov24 ered by Clean Air Act Permitting Programs’ 

25 published at 75 Fed. Reg. 17004 (April 2, 


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1 2010) and the memorandum from Stephen L. 

2 Johnson, Environmental Protection Agency 

3 (EPA) Administrator, to EPA Regional Admin4 istrators, concerning ‘EPA’s Interpretation of 

5 Regulations that Determine Pollutants Covered 

6 by Federal Prevention of Significant Deteriora7 tion (PSD) Permit Program’ (Dec. 18, 2008). 

8 ‘‘(D) ‘Prevention of Significant Deteriora9 tion and Title V Greenhouse Gas Tailoring 

10 Rule’, published at 75 Fed. Reg. 31514 (June 

11 3, 2010). 

12 ‘‘(E) ‘Action To Ensure Authority To 

13 Issue Permits Under the Prevention of Signifi14 cant Deterioration Program to Sources of 

15 Greenhouse Gas Emissions: Finding of Sub16 stantial Inadequacy and SIP Call’, published at 

17 75 Fed. Reg. 77698 (December 13, 2010). 

18 ‘‘(F) ‘Action To Ensure Authority To 

19 Issue Permits Under the Prevention of Signifi20 cant Deterioration Program to Sources of 

21 Greenhouse Gas Emissions: Finding of Failure 

22 to Submit State Implementation Plan Revisions 

23 Required for Greenhouse Gases’, published at 

24 75 Fed. Reg. 81874 (December 29, 2010). 


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1 ‘‘(G) ‘Action To Ensure Authority To 

2 Issue Permits Under the Prevention of Signifi3 cant Deterioration Program to Sources of 

4 Greenhouse Gas Emissions: Federal Implemen5 tation Plan’, published at 75 Fed. Reg. 82246 

6 (December 30, 2010). 

7 ‘‘(H) ‘Action To Ensure Authority To Im8 plement Title V Permitting Programs Under 

9 the Greenhouse Gas Tailoring Rule’, published 

10 at 75 Fed. Reg. 82254 (December 30, 2010). 

11 ‘‘(I) ‘Determinations Concerning Need for 

12 Error Correction, Partial Approval and Partial 

13 Disapproval, and Federal Implementation Plan 

14 Regarding Texas Prevention of Significant De15 terioration Program’, published at 75 Fed. Reg. 

16 82430 (December 30, 2010). 

17 ‘‘(J) ‘Limitation of Approval of Prevention 

18 of Significant Deterioration Provisions Con19 cerning Greenhouse Gas Emitting-Sources in 

20 State Implementation Plans; Final Rule’, pub21 lished at 75 Fed. Reg. 82536 (December 30, 

22 2010). 

23 ‘‘(K) ‘Determinations Concerning Need for 

24 Error Correction, Partial Approval and Partial 

25 Disapproval, and Federal Implementation Plan 


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1 Regarding Texas Prevention of Significant De2 terioration Program; Proposed Rule’, published 

3 at 75 Fed. Reg. 82365 (December 30, 2010). 

4 ‘‘(L) Except for action listed in paragraph 

5 (2), any other Federal action under this Act oc6 curring before the date of enactment of this 

7 section that applies a stationary source permit8 ting requirement or an emissions standard for 

9 a greenhouse gas to address climate change. 

10 ‘‘(5) STATE ACTION.— 

11 ‘‘(A) NO LIMITATION.—This section does 

12 not limit or otherwise affect the authority of a 

13 State to adopt, amend, enforce, or repeal State 

14 laws and regulations pertaining to the emission 

15 of a greenhouse gas. 

16 ‘‘(B) EXCEPTION.— 

17 ‘‘(i) RULE.—Notwithstanding sub18 paragraph (A), any provision described in 

19 clause (ii)— 

20 ‘‘(I) is not federally enforceable; 

21 ‘‘(II) is not deemed to be a part 

22 of Federal law; and 

23 ‘‘(III) is deemed to be stricken 

24 from the plan described in clause 


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1 (ii)(I) or the program or permit de2 scribed in clause (ii)(II), as applicable. 

3 ‘‘(ii) PROVISIONS DEFINED.—For pur4 poses of clause (i), the term ‘provision’ 

5 means any provision that— 

6 ‘‘(I) is contained in a State im7 plementation plan under section 110 

8 and authorizes or requires a limitation 

9 on, or imposes a permit requirement 

10 for, the emission of a greenhouse gas 

11 to address climate change; or 

12 ‘‘(II) is part of an operating per13 mit program under title V, or a per14 mit issued pursuant to title V, and 

15 authorizes or requires a limitation on 

16 the emission of a greenhouse gas to 

17 address climate change. 

18 ‘‘(C) ACTION BY ADMINISTRATOR.—The 

19 Administrator may not approve or make feder20 ally enforceable any provision described in sub21 paragraph (B)(ii).’’. 

22 SEC. 803. PRESERVING ONE NATIONAL STANDARD FOR 

23 AUTOMOBILES. 

24 Section 209(b) of the Clean Air Act (42 U.S.C. 7543) 

25 is amended by adding at the end the following: 


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1 ‘‘(4) With respect to standards for emissions of 

2 greenhouse gases (as defined in section 330) for 

3 model year 2017 or any subsequent model year for 

4 new motor vehicles and new motor vehicle engines— 

5 ‘‘(A) the Administrator may not waive ap6 plication of subsection (a); and 

7 ‘‘(B) no waiver granted prior to the date of 

8 enactment of this paragraph may be considered 

9 to waive the application of subsection (a).’’. 

Æ 


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