I 

117TH CONGRESS 

1ST SESSION H. R. 2552 

To provide financial assistance for projects to address certain subsidence 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Mr. COSTA (for himself, Mr. GARAMENDI, and Mr. HARDER of California) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide financial assistance for projects to address certain 

subsidence impacts in the State of California, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Canal Conveyance Ca5 pacity Restoration Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2552 IH

1 (1) to address severe subsidence impacts that 

2 have substantially reduced the carrying capacity of 

3 the water delivery system of the State; and 

4 (2) to provide additional water supply in the 

5 State at a relatively low cost per acre-foot to in6 crease— 

7 (A) resiliency to increasingly severe 

8 droughts in the State; 

9 (B) groundwater recharge needed to assist 

10 in meeting groundwater sustainability goals es11 tablished under State law; and 

12 (C) the reliability of surface or ground13 water supplies, portions of which serve dis14 advantaged communities. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

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

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

19 Canal/California Aqueduct, which are owned by the 

20 United States and operated by the California De21 partment of Water Resources under the agreement 

22 entitled ‘‘Agreement Between the United States of 

23 America and the Department of Water Resources of 

24 the State of California for the Construction and OpVerDate Sep 11 2014 09:01 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2552.IH H2552

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2552 IH

1 eration of the Joint-Use Facilities of the San Luis 

2 Unit’’ and dated December 30, 1961. 

3 (2) NET PRESENT VALUE OF THE LOCAL CON4 TRIBUTION TO REIMBURSABLE FEDERAL FUND5 ING.—The term ‘‘net present value of the local con6 tribution to reimbursable Federal funding’’ means, 

7 with respect to a project, the amount equal to the 

8 difference between— 

9 (A) the total amount of reimbursable Fed10 eral funds made available for a project; and 

11 (B) the amount of the present value, as of 

12 the date of the calculation, of any interest sub13 sidy provided through the repayment terms to 

14 the Treasury over similarly structured munic15 ipal bond financing available to the non-Federal 

16 entity on the disbursement of the reimbursable 

17 Federal funds for the project. 

18 (3) NON-FEDERAL POOL.—The term ‘‘non-Fed19 eral pool’’ means each of pools 22 through 40 of the 

20 California Aqueduct, which are owned by the State 

21 and operated by the California Department of Water 

22 Resources. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior, acting through the 

25 Commissioner of Reclamation. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2552 IH

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

2 of California. 

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

4 SUBSIDENCE MITIGATION PROJECTS. 

5 (a) IN GENERAL.—The Secretary may provide finan6 cial assistance for the design, planning, and construction 

7 of— 

8 (1) Federal facility improvements to the Friant 

9 Division, Central Valley Project, California, under 

10 section 10201(a)(1) of the San Joaquin River Res11 toration Settlement Act (Public Law 111–11; 123 

12 Stat. 1365); and 

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

14 and to mitigate subsidence-related impacts on, the 

15 Delta-Mendota Canal, through a partnership with— 

16 (A) a public water agency that contracts 

17 for the delivery of Central Valley Project water; 

18 or 

19 (B) a local joint powers authority formed 

20 under State law by public water agencies that 

21 contract for the delivery of Central Valley 

22 Project water. 

23 (b) COST-SHARING REQUIREMENT.— 

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

25 the cost of carrying out a project under subsection 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2552 IH

1 (a) shall be not more than 33 percent of the total 

2 cost of the project, including amounts contributed 

3 after October 1, 2018. 

4 (2) FORM OF NON-FEDERAL SHARE.—The non5 Federal share of the cost of carrying out a project 

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

7 cash or in-kind contributions, including the net 

8 present value of the local contribution to the reim9 bursable Federal funding for the project after Octo10 ber 1, 2018. 

11 (c) REQUIRED DETERMINATION BY SECRETARY.— 

12 Federal funds shall not be made available under this Act 

13 for a project under subsection (a) unless the Secretary de14 termines that— 

15 (1) there is an adequate non-Federal cost share 

16 to match the total amount of federally appropriated 

17 financial assistance made available for the project as 

18 of the date of the determination of the Secretary; 

19 and 

20 (2) the project is designed in a manner— 

21 (A) to satisfy the purposes described in 

22 section 2, after taking into account anticipated 

23 future subsidence; and 

24 (B) to comply with all applicable require25 ments of Federal and State law, including part 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2552 IH

1 2.74 of division 6 of the California Water Code 

2 (commonly known as the ‘‘California Sustain3 able Groundwater Management Act’’). 

4 SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION 

5 PROJECT. 

6 (a) IN GENERAL.—The Secretary may provide finan7 cial assistance for the design, planning, and construction 

8 of projects to restore conveyance capacity at, and to miti9 gate subsidence-related impacts on, the Federal pool and 

10 non-Federal pool. 

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

12 section, the Secretary may enter into partnerships with— 

13 (1) the State; or 

14 (2) a local joint powers authority formed under 

15 State law by public water agencies that contract for 

16 delivery of water from the Central Valley Project or 

17 the State Water Project. 

18 (c) COST-SHARING REQUIREMENT.— 

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

20 the cost of carrying out a project under subsection 

21 (a) shall be not more than 33 percent of the total 

22 cost of the project, including any amounts expended 

23 by the State for subsidence repairs in the Federal 

24 pool and non-Federal pool for the project after Octo25 ber 1, 2018. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2552 IH

1 (2) FORM OF NON-FEDERAL SHARE.—The non2 Federal share of the cost of a project provided finan3 cial assistance under subsection (a) may be in the 

4 form of cash or in-kind contributions. 

5 (d) REQUIRED DETERMINATION BY SECRETARY.— 

6 Federal funds shall not be made available under this Act 

7 for a project under subsection (a) unless the Secretary de8 termines, with the concurrence of the Governor of the 

9 State, that— 

10 (1) there is an adequate non-Federal cost share 

11 to match the total amount of federally appropriated 

12 financial assistance made available for the project as 

13 of the date of the determination of the Secretary; 

14 and 

15 (2) the project is designed in a manner— 

16 (A) to satisfy the purposes described in 

17 section 2, after taking into account anticipated 

18 future subsidence; and 

19 (B) to comply with all applicable require20 ments of Federal and State law, including part 

21 2.74 of division 6 of the California Water Code 

22 (commonly known as the ‘‘California Sustain23 able Groundwater Management Act’’). 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2552 IH

1 SEC. 6. ENVIRONMENTAL COMPLIANCE. 

2 In carrying out a project under this Act, the Sec3 retary shall comply with applicable environmental laws, in4 cluding— 

5 (1) the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.); 

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

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

9 (3) applicable State law. 

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to the Secretary, as adjusted annually to reflect 

13 changes since March 2021 in the Bureau of Reclamation 

14 Construction Cost Trends Index applicable to the types 

15 of construction involved— 

16 (1) $180,000,000 to carry out section 4(a)(1), 

17 consistent with, and in addition to funding author18 ized under, section 10203(c) of the San Joaquin 

19 River Restoration Settlement Act (Public Law 111– 

20 11; 123 Stat. 1367); 

21 (2) $183,900,000 to carry out section 4(a)(2); 

22 (3) $194,000,000 to pay the Federal share for 

23 the Federal pool under section 5; 

24 (4) $95,500,000 to pay the Federal share for 

25 the non-Federal pool under section 5; and 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2552 IH

1 (5) $180,000,000 to implement the Restoration 

2 Goal of the settlement described in section 10004 of 

3 the San Joaquin River Restoration Settlement Act 

4 (Public Law 111–11; 123 Stat. 1350), in addition to 

5 the funding authorized under section 10009 of that 

6 Act. 

7 (b) LIMITATIONS.—Amounts made available under 

8 subsection (a) may not be used— 

9 (1) to build new surface storage; 

10 (2) to raise existing reservoirs; or 

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

12 constructed by the Bureau of Reclamation, except 

13 for a temporary increase in carrying capacity that is 

14 intended— 

15 (A) to mitigate anticipated future subsid16 ence; and 

17 (B) to avoid an increase in carrying capac18 ity that would otherwise be required on the oc19 currence of anticipated future subsidence. 

20 (c) ADDITIONAL AMOUNTS.—Amounts made avail21 able under subsection (a) shall be— 

22 (1) in addition to any other amounts made 

23 available for the purposes described in that sub24 section; and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2552 IH

1 (2) nonreimbursable. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS