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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 161 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 161

   To authorize implementation of the San Joaquin River Restoration 
                  Settlement, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources,

_______________________________________________________________________

                                 A BILL

 
   To authorize implementation of the San Joaquin River Restoration 
                  Settlement, and for other purposes.

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

         TITLE I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``San Joaquin River Restoration 
Settlement Act''.

SEC. 102. PURPOSE.

    The purpose of this title is to authorize implementation of the 
Settlement.

SEC. 103. DEFINITIONS.

    In this title:
            (1) The terms ``Friant Division long-term contractors'', 
        ``Interim Flows'', ``Restoration Flows'', ``Recovered Water 
        Account'', ``Restoration Goal'', and ``Water Management Goal'' 
        have the meanings given the terms in the Settlement.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.
            (3) The term ``Settlement'' means the Stipulation of 
        Settlement dated September 13, 2006, in the litigation entitled 
        Natural Resources Defense Council, et al. v. Kirk Rodgers, et 
        al., United States District Court, Eastern District of 
        California, No. CIV. S-88-1658-LKK/GGH.

SEC. 104. IMPLEMENTATION OF SETTLEMENT.

    (a) In General.--The Secretary of the Interior is hereby authorized 
and directed to implement the terms and conditions of the Settlement in 
cooperation with the State of California, including the following 
measures as these measures are prescribed in the Settlement:
            (1) Design and construct channel and structural 
        improvements as described in paragraph 11 of the Settlement, 
        provided, however, that the Secretary shall not make or fund 
        any such improvements to facilities or property of the State of 
        California without the approval of the State of California and 
        the State's agreement in 1 or more memoranda of understanding 
        to participate where appropriate.
            (2) Modify Friant Dam operations so as to provide 
        Restoration Flows and Interim Flows.
            (3) Acquire water, water rights, or options to acquire 
        water as described in paragraph 13 of the Settlement, provided, 
        however, such acquisitions shall only be made from willing 
        sellers and not through eminent domain.
            (4) Implement the terms and conditions of paragraph 16 of 
        the Settlement related to recirculation, recapture, reuse, 
        exchange, or transfer of water released for Restoration Flows 
        or Interim Flows, for the purpose of accomplishing the Water 
        Management Goal of the Settlement, subject to--
                    (A) applicable provisions of California water law;
                    (B) the Secretary's use of Central Valley Project 
                facilities to make Project water (other than water 
                released from Friant Dam pursuant to the Settlement) 
                and water acquired through transfers available to 
                existing south-of-Delta Central Valley Project 
                contractors; and
                    (C) the Secretary's performance of the Agreement of 
                November 24, 1986, between the United States of America 
                and the Department of Water Resources of the State of 
                California for the coordinated operation of the Central 
                Valley Project and the State Water Project as 
                authorized by Congress in section 2(d) of the Act of 
                August 26, 1937 (50 Stat. 850, 100 Stat. 3051), 
                including any agreement to resolve conflicts arising 
                from said Agreement.
            (5) Develop and implement the Recovered Water Account as 
        specified in paragraph 16(b) of the Settlement, including the 
        pricing and payment crediting provisions described in paragraph 
        16(b)(3) of the Settlement, provided that all other provisions 
        of Federal reclamation law shall remain applicable.
    (b) Agreements.--
            (1) Agreements with the state.--In order to facilitate or 
        expedite implementation of the Settlement, the Secretary is 
        authorized and directed to enter into appropriate agreements, 
        including cost-sharing agreements, with the State of 
        California.
            (2) Other agreements.--The Secretary is authorized to enter 
        into contracts, memoranda of understanding, financial 
        assistance agreements, cost sharing agreements, and other 
        appropriate agreements with State, tribal, and local 
        governmental agencies, and with private parties, including 
        agreements related to construction, improvement, and operation 
        and maintenance of facilities, subject to any terms and 
        conditions that the Secretary deems necessary to achieve the 
        purposes of the Settlement.
    (c) Acceptance and Expenditure of Non-Federal Funds.--The Secretary 
is authorized to accept and expend non-Federal funds in order to 
facilitate implementation of the Settlement.
    (d) Mitigation of Impacts.--Prior to the implementation of 
decisions or agreements to construct, improve, operate, or maintain 
facilities that the Secretary determines are needed to implement the 
Settlement, the Secretary shall identify--
            (1) the impacts associated with such actions; and
            (2) the measures which shall be implemented to mitigate 
        impacts on adjacent and downstream water users and landowners.
    (e) Design and Engineering Studies.--The Secretary is authorized to 
conduct any design or engineering studies that are necessary to 
implement the Settlement.
    (f) Effect on Contract Water Allocations.--Except as otherwise 
provided in this section, the implementation of the Settlement and the 
reintroduction of California Central Valley Spring Run Chinook salmon 
pursuant to the Settlement and section 111, shall not result in the 
involuntary reduction in contract water allocations to Central Valley 
Project long-term contractors, other than Friant Division long-term 
contractors.
    (g) Effect on Existing Water Contracts.--Except as provided in the 
Settlement and this title, nothing in this title shall modify or amend 
the rights and obligations of the parties to any existing water 
service, repayment, purchase, or exchange contract.
    (h) Interim Flows.--
            (1) Study required.--Prior to releasing any Interim Flows 
        under the Settlement, the Secretary shall prepare an analysis 
        in compliance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.), including at a minimum--
                    (A) an analysis of channel conveyance capacities 
                and potential for levee or groundwater seepage;
                    (B) a description of the associated seepage 
                monitoring program;
                    (C) an evaluation of--
                            (i) possible impacts associated with the 
                        release of Interim Flows; and
                            (ii) mitigation measures for those impacts 
                        that are determined to be significant;
                    (D) a description of the associated flow monitoring 
                program; and
                    (E) an analysis of the likely Federal costs, if 
                any, of any fish screens, fish bypass facilities, fish 
                salvage facilities, and related operations on the San 
                Joaquin River south of the confluence with the Merced 
                River required under the Endangered Species Act of 1973 
                (16 U.S.C. 1531 et seq.) as a result of the Interim 
                Flows.
            (2) Conditions for release.--The Secretary is authorized to 
        release Interim Flows to the extent that such flows would not--
                    (A) impede or delay completion of the measures 
                specified in Paragraph 11(a) of the Settlement; or
                    (B) exceed existing downstream channel capacities.
            (3) Seepage impacts.--The Secretary shall reduce Interim 
        Flows to the extent necessary to address any material adverse 
        impacts to third parties from groundwater seepage caused by 
        such flows that the Secretary identifies based on the 
        monitoring program of the Secretary.
            (4) Temporary fish barrier program.--The Secretary, in 
        consultation with the California Department of Fish and Game, 
        shall evaluate the effectiveness of the Hills Ferry barrier in 
        preventing the unintended upstream migration of anadromous fish 
        in the San Joaquin River and any false migratory pathways. If 
        that evaluation determines that any such migration past the 
        barrier is caused by the introduction of the Interim Flows and 
        that the presence of such fish will result in the imposition of 
        additional regulatory actions against third parties, the 
        Secretary is authorized to assist the Department of Fish and 
        Game in making improvements to the barrier. From funding made 
        available in accordance with section 109, if third parties 
        along the San Joaquin River south of its confluence with the 
        Merced River are required to install fish screens or fish 
        bypass facilities due to the release of Interim Flows in order 
        to comply with the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), the Secretary shall bear the costs of the 
        installation of such screens or facilities if such costs would 
        be borne by the Federal Government under section 109(a)(3), 
        except to the extent that such costs are already or are further 
        willingly borne by the State of California or by the third 
        parties.
    (i) Funding Availability.--
            (1) In general.--Funds shall be collected in the San 
        Joaquin River Restoration Fund through October 1, 2019, and 
        thereafter, with substantial amounts available through October 
        1, 2019, pursuant to section 109 for implementation of the 
        Settlement and titles I and III, including--
                    (A) $88,000,000, to be available without further 
                appropriation pursuant to section 109(c)(2);
                    (B) additional amounts authorized to be 
                appropriated, including the charges required under 
                section 107 and an estimated $20,000,000 from the CVP 
                Restoration Fund pursuant to section 109(b)(2); and
                    (C) an aggregate commitment of at least 
                $200,000,000 by the State of California.
            (2) Additional amounts.--Substantial additional amounts 
        from the San Joaquin River Restoration Fund shall become 
        available without further appropriation after October 1, 2019, 
        pursuant to section 109(c)(2).
            (3) Effect of subsection.--Nothing in this subsection 
        limits the availability of funds authorized for appropriation 
        pursuant to section 109(b) or 303(c).
    (j) San Joaquin River Exchange Contract.--Subject to section 
106(b), nothing in this title shall modify or amend the rights and 
obligations under the Purchase Contract between Miller and Lux and the 
United States and the Second Amended Exchange Contract between the 
United States, Department of the Interior, Bureau of Reclamation and 
Central California Irrigation District, San Luis Canal Company, 
Firebaugh Canal Water District and Columbia Canal Company.

SEC. 105. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

    (a) Title to Facilities.--Unless acquired pursuant to subsection 
(b), title to any facility or facilities, stream channel, levees, or 
other real property modified or improved in the course of implementing 
the Settlement authorized by this title, and title to any modifications 
or improvements of such facility or facilities, stream channel, levees, 
or other real property--
            (1) shall remain in the owner of the property; and
            (2) shall not be transferred to the United States on 
        account of such modifications or improvements.
    (b) Acquisition of Property.--
            (1) In general.--The Secretary is authorized to acquire 
        through purchase from willing sellers any property, interests 
        in property, or options to acquire real property needed to 
        implement the Settlement authorized by this title.
            (2) Applicable law.--The Secretary is authorized, but not 
        required, to exercise all of the authorities provided in 
        section 2 of the Act of August 26, 1937 (50 Stat. 844, chapter 
        832), to carry out the measures authorized in this section and 
        section 104.
    (c) Disposal of Property.--
            (1) In general.--Upon the Secretary's determination that 
        retention of title to property or interests in property 
        acquired pursuant to this title is no longer needed to be held 
        by the United States for the furtherance of the Settlement, the 
        Secretary is authorized to dispose of such property or interest 
        in property on such terms and conditions as the Secretary deems 
        appropriate and in the best interest of the United States, 
        including possible transfer of such property to the State of 
        California.
            (2) Right of first refusal.--In the event the Secretary 
        determines that property acquired pursuant to this title 
        through the exercise of its eminent domain authority is no 
        longer necessary for implementation of the Settlement, the 
        Secretary shall provide a right of first refusal to the 
        property owner from whom the property was initially acquired, 
        or his or her successor in interest, on the same terms and 
        conditions as the property is being offered to other parties.
            (3) Disposition of proceeds.--Proceeds from the disposal by 
        sale or transfer of any such property or interests in such 
        property shall be deposited in the fund established by section 
        109(c).
    (d) Groundwater Bank.--Nothing in this title authorizes the 
Secretary to operate a groundwater bank along or adjacent to the San 
Joaquin River upstream of the confluence with the Merced River, and any 
such groundwater bank shall be operated by a non-Federal entity.

SEC. 106. COMPLIANCE WITH APPLICABLE LAW.

    (a) Applicable Law.--
            (1) In general.--In undertaking the measures authorized by 
        this title, the Secretary and the Secretary of Commerce shall 
        comply with all applicable Federal and State laws, rules, and 
        regulations, including the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), as necessary.
            (2) Environmental reviews.--The Secretary and the Secretary 
        of Commerce are authorized and directed to initiate and 
        expeditiously complete applicable environmental reviews and 
        consultations as may be necessary to effectuate the purposes of 
        the Settlement.
    (b) Effect on State Law.--Nothing in this title shall preempt State 
law or modify any existing obligation of the United States under 
Federal reclamation law to operate the Central Valley Project in 
conformity with State law.
    (c) Use of Funds for Environmental Reviews.--
            (1) Definition of environmental review.--For purposes of 
        this subsection, the term ``environmental review'' includes any 
        consultation and planning necessary to comply with subsection 
        (a).
            (2) Participation in environmental review process.--In 
        undertaking the measures authorized by section 104, and for 
        which environmental review is required, the Secretary may 
        provide funds made available under this title to affected 
        Federal agencies, State agencies, local agencies, and Indian 
        tribes if the Secretary determines that such funds are 
        necessary to allow the Federal agencies, State agencies, local 
        agencies, or Indian tribes to effectively participate in the 
        environmental review process.
            (3) Limitation.--Funds may be provided under paragraph (2) 
        only to support activities that directly contribute to the 
        implementation of the terms and conditions of the Settlement.
    (d) Nonreimbursable Funds.--The United States' share of the costs 
of implementing this title shall be nonreimbursable under Federal 
reclamation law, provided that nothing in this subsection shall limit 
or be construed to limit the use of the funds assessed and collected 
pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public Law 102-575; 
106 Stat. 4721, 4727), for implementation of the Settlement, nor shall 
it be construed to limit or modify existing or future Central Valley 
Project ratesetting policies.

SEC. 107. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.

    Congress hereby finds and declares that the Settlement satisfies 
and discharges all of the obligations of the Secretary contained in 
section 3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721), provided, 
however, that--
            (1) the Secretary shall continue to assess and collect the 
        charges provided in section 3406(c)(1) of the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (Public Law 
        102-575; 106 Stat. 4721), as provided in the Settlement; and
            (2) those assessments and collections shall continue to be 
        counted toward the requirements of the Secretary contained in 
        section 3407(c)(2) of the Reclamation Projects Authorization 
        and Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 
        4726).

SEC. 108. NO PRIVATE RIGHT OF ACTION.

    (a) In General.--Nothing in this title confers upon any person or 
entity not a party to the Settlement a private right of action or claim 
for relief to interpret or enforce the provisions of this title or the 
Settlement.
    (b) Applicable Law.--This section shall not alter or curtail any 
right of action or claim for relief under any other applicable law.

SEC. 109. APPROPRIATIONS; SETTLEMENT FUND.

    (a) Implementation Costs.--
            (1) In general.--The costs of implementing the Settlement 
        shall be covered by payments or in-kind contributions made by 
        Friant Division contractors and other non-Federal parties, 
        including the funds provided in subparagraphs (A) through (D) 
        of subsection (c)(1), estimated to total $440,000,000, of which 
        the non-Federal payments are estimated to total $200,000,000 
        (at October 2006 price levels) and the amount from repaid 
        Central Valley Project capital obligations is estimated to 
        total $240,000,000, the additional Federal appropriation of 
        $250,000,000 authorized pursuant to subsection (b)(1), and such 
        additional funds authorized pursuant to subsection (b)(2); 
        provided however, that the costs of implementing the provisions 
        of section 104(a)(1) shall be shared by the State of California 
        pursuant to the terms of a memorandum of understanding executed 
        by the State of California and the Parties to the Settlement on 
        September 13, 2006, which includes at least $110,000,000 of 
        State funds.
            (2) Additional agreements.--
                    (A) In general.--The Secretary shall enter into 1 
                or more agreements to fund or implement improvements on 
                a project-by-project basis with the State of 
                California.
                    (B) Requirements.--Any agreements entered into 
                under subparagraph (A) shall provide for recognition of 
                either monetary or in-kind contributions toward the 
                State of California's share of the cost of implementing 
                the provisions of section 104(a)(1).
            (3) Limitation.--Except as provided in the Settlement, to 
        the extent that costs incurred solely to implement this 
        Settlement would not otherwise have been incurred by any entity 
        or public or local agency or subdivision of the State of 
        California, such costs shall not be borne by any such entity, 
        agency, or subdivision of the State of California, unless such 
        costs are incurred on a voluntary basis.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to the funding provided in 
        subsection (c), there are also authorized to be appropriated 
        not to exceed $250,000,000 (at October 2006 price levels) to 
        implement this title and the Settlement, to be available until 
        expended; provided however, that the Secretary is authorized to 
        spend such additional appropriations only in amounts equal to 
        the amount of funds deposited in the San Joaquin River 
        Restoration Fund (not including payments under subsection 
        (c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount 
        of in-kind contributions, and other non-Federal payments 
        actually committed to the implementation of this title or the 
        Settlement.
            (2) Use of the central valley project restoration fund.--
        The Secretary is authorized to use monies from the Central 
        Valley Project Restoration Fund created under section 3407 of 
        the Reclamation Projects Authorization and Adjustment Act of 
        1992 (Public Law 102-575; 106 Stat. 4727) for purposes of this 
        title in an amount not to exceed $2,000,000 (October 2006 price 
        levels) in any fiscal year.
    (c) Fund.--
            (1) In general.--There is hereby established within the 
        Treasury of the United States a fund, to be known as the San 
        Joaquin River Restoration Fund, into which the following funds 
        shall be deposited and used solely for the purpose of 
        implementing the Settlement except as otherwise provided in 
        subsections (a) and (b) of section 303:
                    (A) All payments received pursuant to section 
                3406(c)(1) of the Reclamation Projects Authorization 
                and Adjustment Act of 1992 (Public Law 102-575; 106 
                Stat. 4721).
                    (B) The construction cost component (not otherwise 
                needed to cover operation and maintenance costs) of 
                payments made by Friant Division, Hidden Unit, and 
                Buchanan Unit long-term contractors pursuant to long-
                term water service contracts or pursuant to repayment 
                contracts, including repayment contracts executed 
                pursuant to section 110. The construction cost 
                repayment obligation assigned such contractors under 
                such contracts shall be reduced by the amount paid 
                pursuant to this paragraph and the appropriate share of 
                the existing Federal investment in the Central Valley 
                Project to be recovered by the Secretary pursuant to 
                Public Law 99-546 (100 Stat. 3050) shall be reduced by 
                an equivalent sum.
                    (C) Proceeds from the sale of water pursuant to the 
                Settlement, or from the sale of property or interests 
                in property as provided in section 105.
                    (D) Any non-Federal funds, including State cost-
                sharing funds, contributed to the United States for 
                implementation of the Settlement, which the Secretary 
                may expend without further appropriation for the 
                purposes for which contributed.
            (2) Availability.--All funds deposited into the Fund 
        pursuant to subparagraphs (A), (B), and (C) of paragraph (1) 
        are authorized for appropriation to implement the Settlement 
        and this title, in addition to the authorization provided in 
        subsections (a) and (b) of section 303, except that $88,000,000 
        of such funds are available for expenditure without further 
        appropriation; provided that after October 1, 2019, all funds 
        in the Fund shall be available for expenditure without further 
        appropriation.
    (d) Limitation on Contributions.--Payments made by long-term 
contractors who receive water from the Friant Division and Hidden and 
Buchanan Units of the Central Valley Project pursuant to sections 
3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4721, 4727) and 
payments made pursuant to paragraph 16(b)(3) of the Settlement and 
subsection (c)(1)(B) shall be the limitation of such entities' direct 
financial contribution to the Settlement, subject to the terms and 
conditions of paragraph 21 of the Settlement.
    (e) No Additional Expenditures Required.--Nothing in this title 
shall be construed to require a Federal official to expend Federal 
funds not appropriated by Congress, or to seek the appropriation of 
additional funds by Congress, for the implementation of the Settlement.
    (f) Reach 4B.--
            (1) Study.--
                    (A) In general.--In accordance with the Settlement 
                and the memorandum of understanding executed pursuant 
                to paragraph 6 of the Settlement, the Secretary shall 
                conduct a study that specifies--
                            (i) the costs of undertaking any work 
                        required under paragraph 11(a)(3) of the 
                        Settlement to increase the capacity of reach 4B 
                        prior to reinitiation of Restoration Flows;
                            (ii) the impacts associated with 
                        reinitiation of such flows; and
                            (iii) measures that shall be implemented to 
                        mitigate impacts.
                    (B) Deadline.--The study under subparagraph (A) 
                shall be completed prior to restoration of any flows 
                other than Interim Flows.
            (2) Report.--
                    (A) In general.--The Secretary shall file a report 
                with Congress not later than 90 days after issuing a 
                determination, as required by the Settlement, on 
                whether to expand channel conveyance capacity to 4500 
                cubic feet per second in reach 4B of the San Joaquin 
                River, or use an alternative route for pulse flows, 
                that--
                            (i) explains whether the Secretary has 
                        decided to expand Reach 4B capacity to 4500 
                        cubic feet per second; and
                            (ii) addresses the following matters:
                                    (I) The basis for the Secretary's 
                                determination, whether set out in 
                                environmental review documents or 
                                otherwise, as to whether the expansion 
                                of Reach 4B would be the preferable 
                                means to achieve the Restoration Goal 
                                as provided in the Settlement, 
                                including how different factors were 
                                assessed such as comparative biological 
                                and habitat benefits, comparative 
                                costs, relative availability of State 
                                cost-sharing funds, and the comparative 
                                benefits and impacts on water 
                                temperature, water supply, private 
                                property, and local and downstream 
                                flood control.
                                    (II) The Secretary's final cost 
                                estimate for expanding Reach 4B 
                                capacity to 4500 cubic feet per second, 
                                or any alternative route selected, as 
                                well as the alternative cost estimates 
                                provided by the State, by the 
                                Restoration Administrator, and by the 
                                other parties to the Settlement.
                                    (III) The Secretary's plan for 
                                funding the costs of expanding Reach 4B 
                                or any alternative route selected, 
                                whether by existing Federal funds 
                                provided under this title, by non-
                                Federal funds, by future Federal 
                                appropriations, or some combination of 
                                such sources.
                    (B) Determination required.--The Secretary shall, 
                to the extent feasible, make the determination in 
                subparagraph (A) prior to undertaking any substantial 
                construction work to increase capacity in reach 4B.
            (3) Costs.--If the Secretary's estimated Federal cost for 
        expanding reach 4B in paragraph (2), in light of the 
        Secretary's funding plan set out in that paragraph, would 
        exceed the remaining Federal funding authorized by this title 
        (including all funds reallocated, all funds dedicated, and all 
        new funds authorized by this title and separate from all 
        commitments of State and other non-Federal funds and in-kind 
        commitments), then before the Secretary commences actual 
        construction work in reach 4B (other than planning, design, 
        feasibility, or other preliminary measures) to expand capacity 
        to 4500 cubic feet per second to implement this Settlement, 
        Congress must have increased the applicable authorization 
        ceiling provided by this title in an amount at least sufficient 
        to cover the higher estimated Federal costs.

SEC. 110. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF 
              CONSTRUCTION COSTS.

    (a) Conversion of Contracts.--
            (1) The Secretary is authorized and directed to convert, 
        prior to December 31, 2010, all existing long-term contracts 
        with the following Friant Division, Hidden Unit, and Buchanan 
        Unit contractors, entered under subsection (e) of section 9 of 
        the Act of August 4, 1939 (53 Stat. 1196), to contracts under 
        subsection (d) of section 9 of said Act (53 Stat. 1195), under 
        mutually agreeable terms and conditions: Arvin-Edison Water 
        Storage District; Delano-Earlimart Irrigation District; Exeter 
        Irrigation District; Fresno Irrigation District; Ivanhoe 
        Irrigation District; Lindmore Irrigation District; Lindsay-
        Strathmore Irrigation District; Lower Tule River Irrigation 
        District; Orange Cove Irrigation District; Porterville 
        Irrigation District; Saucelito Irrigation District; Shafter-
        Wasco Irrigation District; Southern San Joaquin Municipal 
        Utility District; Stone Corral Irrigation District; Tea Pot 
        Dome Water District; Terra Bella Irrigation District; Tulare 
        Irrigation District; Madera Irrigation District; and Chowchilla 
        Water District. Upon request of the contractor, the Secretary 
        is authorized to convert, prior to December 31, 2010, other 
        existing long-term contracts with Friant Division contractors 
        entered under subsection (e) of section 9 of the Act of August 
        4, 1939 (53 Stat. 1196), to contracts under subsection (d) of 
        section 9 of said Act (53 Stat. 1195), under mutually agreeable 
        terms and conditions.
            (2) Upon request of the contractor, the Secretary is 
        further authorized to convert, prior to December 31, 2010, any 
        existing Friant Division long-term contract entered under 
        subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 
        Stat. 1194), to a contract under subsection (c)(1) of section 9 
        of said Act, under mutually agreeable terms and conditions.
            (3) All such contracts entered into pursuant to paragraph 
        (1) shall--
                    (A) require the repayment, either in lump sum or by 
                accelerated prepayment, of the remaining amount of 
                construction costs identified in the Central Valley 
                Project Schedule of Irrigation Capital Rates by 
                Contractor 2007 Irrigation Water Rates, dated January 
                25, 2007, as adjusted to reflect payments not reflected 
                in such schedule, and properly assignable for ultimate 
                return by the contractor, no later than January 31, 
                2011, or if made in approximately equal annual 
                installments, no later than January 31, 2014; such 
                amount to be discounted by \1/2\ the Treasury Rate. An 
                estimate of the remaining amount of construction costs 
                as of January 31, 2011, as adjusted, shall be provided 
                by the Secretary to each contractor no later than June 
                30, 2010;
                    (B) require that, notwithstanding subsection 
                (c)(2), construction costs or other capitalized costs 
                incurred after the effective date of the contract or 
                not reflected in the schedule referenced in 
                subparagraph (A), and properly assignable to such 
                contractor, shall be repaid in not more than 5 years 
                after notification of the allocation if such amount is 
                a result of a collective annual allocation of capital 
                costs to the contractors exercising contract 
                conversions under this subsection of less than 
                $5,000,000. If such amount is $5,000,000 or greater, 
                such cost shall be repaid as provided by applicable 
                Reclamation law, provided that the reference to the 
                amount of $5,000,000 shall not be a precedent in any 
                other context;
                    (C) provide that power revenues will not be 
                available to aid in repayment of construction costs 
                allocated to irrigation under the contract; and
                    (D) conform to the Settlement and this title and 
                shall continue so long as the contractor pays 
                applicable charges, consistent with subsection (c)(2) 
                and applicable law.
            (4) All such contracts entered into pursuant to paragraph 
        (2) shall--
                    (A) require the repayment in lump sum of the 
                remaining amount of construction costs identified in 
                the most current version of the Central Valley Project 
                Schedule of Municipal and Industrial Water Rates, as 
                adjusted to reflect payments not reflected in such 
                schedule, and properly assignable for ultimate return 
                by the contractor, no later than January 31, 2014. An 
                estimate of the remaining amount of construction costs 
                as of January 31, 2014, as adjusted, shall be provided 
                by the Secretary to each contractor no later than June 
                30, 2013;
                    (B) require that, notwithstanding subsection 
                (c)(2), construction costs or other capitalized costs 
                incurred after the effective date of the contract or 
                not reflected in the schedule referenced in 
                subparagraph (A), and properly assignable to such 
                contractor, shall be repaid in not more than 5 years 
                after notification of the allocation if such amount is 
                a result of a collective annual allocation of capital 
                costs to the contractors exercising contract 
                conversions under this subsection of less than 
                $5,000,000. If such amount is $5,000,000 or greater, 
                such cost shall be repaid as provided by applicable 
                Reclamation law, provided that the reference to the 
                amount of $5,000,000 shall not be a precedent in any 
                other context; and
                    (C) conform to the Settlement and this title and 
                shall continue so long as the contractor pays 
                applicable charges, consistent with subsection (c)(2) 
                and applicable law.
    (b) Final Adjustment.--The amounts paid pursuant to subsection (a) 
shall be subject to adjustment following a final cost allocation by the 
Secretary upon completion of the construction of the Central Valley 
Project. In the event that the final cost allocation indicates that the 
costs properly assignable to the contractor are greater than what has 
been paid by the contractor, the contractor shall be obligated to pay 
the remaining allocated costs. The term of such additional repayment 
contract shall be no less than 1 year and no more than 10 years, 
however, mutually agreeable provisions regarding the rate of repayment 
of such amount may be developed by the parties. In the event that the 
final cost allocation indicates that the costs properly assignable to 
the contractor are less than what the contractor has paid, the 
Secretary is authorized and directed to credit such overpayment as an 
offset against any outstanding or future obligation of the contractor.
    (c) Applicability of Certain Provisions.--
            (1) Notwithstanding any repayment obligation under 
        subsection (a)(3)(B) or subsection (b), upon a contractor's 
        compliance with and discharge of the obligation of repayment of 
        the construction costs as provided in subsection (a)(3)(A), the 
        provisions of section 213(a) and (b) of the Reclamation Reform 
        Act of 1982 (96 Stat. 1269) shall apply to lands in such 
        district.
            (2) Notwithstanding any repayment obligation under 
        paragraph (3)(B) or (4)(B) of subsection (a), or subsection 
        (b), upon a contractor's compliance with and discharge of the 
        obligation of repayment of the construction costs as provided 
        in paragraphs (3)(A) and (4)(A) of subsection (a), the 
        Secretary shall waive the pricing provisions of section 3405(d) 
        of the Reclamation Projects Authorization and Adjustment Act of 
        1992 (Public Law 102-575) for such contractor, provided that 
        such contractor shall continue to pay applicable operation and 
        maintenance costs and other charges applicable to such 
        repayment contracts pursuant to the then-current rate-setting 
        policy and applicable law.
            (3) Provisions of the Settlement applying to Friant 
        Division, Hidden Unit, and Buchanan Unit long-term water 
        service contracts shall also apply to contracts executed 
        pursuant to this section.
    (d) Reduction of Charge for Those Contracts Converted Pursuant to 
Subsection (a)(1).--
            (1) At the time all payments by the contractor required by 
        subsection (a)(3)(A) have been completed, the Secretary shall 
        reduce the charge mandated in section 107(1) of this title, 
        from 2020 through 2039, to offset the financing costs as 
        defined in section 110(d)(3). The reduction shall be calculated 
        at the time all payments by the contractor required by 
        subsection (a)(3)(A) have been completed. The calculation shall 
        remain fixed from 2020 through 2039 and shall be based upon 
        anticipated average annual water deliveries, as mutually agreed 
        upon by the Secretary and the contractor, for the period from 
        2020 through 2039, and the amounts of such reductions shall be 
        discounted using the Treasury Rate; provided, that such charge 
        shall not be reduced to less than $4.00 per acre foot of 
        project water delivered; provided further, that such reduction 
        shall be implemented annually unless the Secretary determines, 
        based on the availability of other monies, that the charges 
        mandated in section 107(1) are otherwise needed to cover 
        ongoing federal costs of the Settlement, including any federal 
        operation and maintenance costs of facilities that the 
        Secretary determines are needed to implement the Settlement. If 
        the Secretary determines that such charges are necessary to 
        cover such ongoing federal costs, the Secretary shall, instead 
        of making the reduction in such charges, reduce the 
        contractor's operation and maintenance obligation by an 
        equivalent amount, and such amount shall not be recovered by 
        the United States from any Central Valley Project contractor, 
        provided nothing herein shall affect the obligation of the 
        contractor to make payments pursuant to a transfer agreement 
        with a non-federal operating entity.
            (2) If the calculated reduction in paragraph (1), taking 
        into consideration the minimum amount required, does not result 
        in the contractor offsetting its financing costs, the Secretary 
        is authorized and directed to reduce, after October 1, 2019, 
        any outstanding or future obligations of the contractor to the 
        Bureau of Reclamation, other than the charge assessed and 
        collected under section 3407(d) of Public law 102-575, by the 
        amount of such deficiency, with such amount indexed to 2020 
        using the Treasury Rate and such amount shall not be recovered 
        by the United States from any Central Valley Project 
        contractor, provided nothing herein shall affect the obligation 
        of the contractor to make payments pursuant to a transfer 
        agreement with a non-Federal operating entity.
            (3) Financing costs, for the purposes of this subsection, 
        shall be computed as the difference of the net present value of 
        the construction cost identified in subsection (a)(3)(A) using 
        the full Treasury Rate as compared to using one half of the 
        Treasury Rate and applying those rates against a calculated 
        average annual capital repayment through 2030.
            (4) Effective in 2040, the charge shall revert to the 
        amount called for in section 107(1) of this title.
            (5) For purposes of this section, ``Treasury Rate'' shall 
        be defined as the 20 year Constant Maturity Treasury (CMT) rate 
        published by the United States Department of the Treasury as of 
        October 1, 2010.
    (e) Satisfaction of Certain Provisions.--
            (1) In general.--Upon the first release of Interim Flows or 
        Restoration Flows, pursuant to paragraphs 13 or 15 of the 
        Settlement, any short- or long-term agreement, to which 1 or 
        more long-term Friant Division, Hidden Unit, or Buchanan Unit 
        contractor that converts its contract pursuant to subsection 
        (a) is a party, providing for the transfer or exchange of water 
        not released as Interim Flows or Restoration Flows shall be 
        deemed to satisfy the provisions of subsection 3405(a)(1)(A) 
        and (I) of the Reclamation Projects Authorization and 
        Adjustment Act of 1992 (Public Law 102-575) without the further 
        concurrence of the Secretary as to compliance with said 
        subsections if the contractor provides, not later than 90 days 
        before commencement of any such transfer or exchange for a 
        period in excess of 1 year, and not later than 30 days before 
        commencement of any proposed transfer or exchange with duration 
        of less than 1 year, written notice to the Secretary stating 
        how the proposed transfer or exchange is intended to reduce, 
        avoid, or mitigate impacts to water deliveries caused by the 
        Interim Flows or Restoration Flows or is intended to otherwise 
        facilitate the Water Management Goal, as described in the 
        Settlement. The Secretary shall promptly make such notice 
        publicly available.
            (2) Determination of reductions to water deliveries.--Water 
        transferred or exchanged under an agreement that meets the 
        terms of this subsection shall not be counted as a replacement 
        or an offset for purposes of determining reductions to water 
        deliveries to any Friant Division long-term contractor except 
        as provided in paragraph 16(b) of the Settlement. The Secretary 
        shall, at least annually, make publicly available a compilation 
        of the number of transfer or exchange agreements exercising the 
        provisions of this subsection to reduce, avoid, or mitigate 
        impacts to water deliveries caused by the Interim Flows or 
        Restoration Flows or to facilitate the Water Management Goal, 
        as well as the volume of water transferred or exchanged under 
        such agreements.
            (3) State law.--Nothing in this subsection alters State law 
        or permit conditions, including any applicable geographical 
        restrictions on the place of use of water transferred or 
        exchanged pursuant to this subsection.
    (f) Certain Repayment Obligations Not Altered.--Implementation of 
the provisions of this section shall not alter the repayment obligation 
of any other long-term water service or repayment contractor receiving 
water from the Central Valley Project, or shift any costs that would 
otherwise have been properly assignable to the Friant contractors 
absent this section, including operations and maintenance costs, 
construction costs, or other capitalized costs incurred after the date 
of enactment of this Act, to other such contractors.
    (g) Statutory Interpretation.--Nothing in this title shall be 
construed to affect the right of any Friant Division, Hidden Unit, or 
Buchanan Unit long-term contractor to use a particular type of 
financing to make the payments required in paragraph (3)(A) or (4)(A) 
of subsection (a).

SEC. 111. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.

    (a) Finding.--Congress finds that the implementation of the 
Settlement to resolve 18 years of contentious litigation regarding 
restoration of the San Joaquin River and the reintroduction of the 
California Central Valley Spring Run Chinook salmon is a unique and 
unprecedented circumstance that requires clear expressions of 
Congressional intent regarding how the provisions of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized to achieve 
the goals of restoration of the San Joaquin River and the successful 
reintroduction of California Central Valley Spring Run Chinook salmon.
    (b) Reintroduction in the San Joaquin River.--California Central 
Valley Spring Run Chinook salmon shall be reintroduced in the San 
Joaquin River below Friant Dam pursuant to section 10(j) of the 
Endangered Species Act of 1973 (16 U.S.C. 1539(j)) and the Settlement, 
provided that the Secretary of Commerce finds that a permit for the 
reintroduction of California Central Valley Spring Run Chinook salmon 
may be issued pursuant to section 10(a)(1)(A) of the Endangered Species 
Act of 1973 (16 U.S.C. 1539(a)(1)(A)).
    (c) Final Rule.--
            (1) Definition of third party.--For the purpose of this 
        subsection, the term ``third party'' means persons or entities 
        diverting or receiving water pursuant to applicable State and 
        Federal laws and shall include Central Valley Project 
        contractors outside of the Friant Division of the Central 
        Valley Project and the State Water Project.
            (2) Issuance.--The Secretary of Commerce shall issue a 
        final rule pursuant to section 4(d) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take 
        of reintroduced California Central Valley Spring Run Chinook 
        salmon prior to the reintroduction.
            (3) Required components.--The rule issued under paragraph 
        (2) shall provide that the reintroduction will not impose more 
        than de minimus: water supply reductions, additional storage 
        releases, or bypass flows on unwilling third parties due to 
        such reintroduction.
            (4) Applicable law.--Nothing in this section--
                    (A) diminishes the statutory or regulatory 
                protections provided in the Endangered Species Act of 
                1973 for any species listed pursuant to section 4 of 
                the Endangered Species Act of 1973 (16 U.S.C. 1533) 
                other than the reintroduced population of California 
                Central Valley Spring Run Chinook salmon, including 
                protections pursuant to existing biological opinions or 
                new biological opinions issued by the Secretary or 
                Secretary of Commerce; or
                    (B) precludes the Secretary or Secretary of 
                Commerce from imposing protections under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) for other 
                species listed pursuant to section 4 of that Act (16 
                U.S.C. 1533) because those protections provide 
                incidental benefits to such reintroduced California 
                Central Valley Spring Run Chinook salmon.
    (d) Report.--
            (1) In general.--Not later than December 31, 2024, the 
        Secretary of Commerce shall report to Congress on the progress 
        made on the reintroduction set forth in this section and the 
        Secretary's plans for future implementation of this section.
            (2) Inclusions.--The report under paragraph (1) shall 
        include--
                    (A) an assessment of the major challenges, if any, 
                to successful reintroduction;
                    (B) an evaluation of the effect, if any, of the 
                reintroduction on the existing population of California 
                Central Valley Spring Run Chinook salmon existing on 
                the Sacramento River or its tributaries; and
                    (C) an assessment regarding the future of the 
                reintroduction.
    (e) FERC Projects.--
            (1) In general.--With regard to California Central Valley 
        Spring Run Chinook salmon reintroduced pursuant to the 
        Settlement, the Secretary of Commerce shall exercise its 
        authority under section 18 of the Federal Power Act (16 U.S.C. 
        811) by reserving its right to file prescriptions in 
        proceedings for projects licensed by the Federal Energy 
        Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, 
        Merced, and San Joaquin rivers and otherwise consistent with 
        subsection (c) until after the expiration of the term of the 
        Settlement, December 31, 2025, or the expiration of the 
        designation made pursuant to subsection (b), whichever ends 
        first.
            (2) Effect of subsection.--Nothing in this subsection shall 
        preclude the Secretary of Commerce from imposing prescriptions 
        pursuant to section 18 of the Federal Power Act (16 U.S.C. 811) 
        solely for other anadromous fish species because those 
        prescriptions provide incidental benefits to such reintroduced 
        California Central Valley Spring Run Chinook salmon.
    (f) Effect of Section.--Nothing in this section is intended or 
shall be construed--
            (1) to modify the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
        seq.); or
            (2) to establish a precedent with respect to any other 
        application of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et 
        seq.).

             TITLE II--STUDY TO DEVELOP WATER PLAN; REPORT

SEC. 201. STUDY TO DEVELOP WATER PLAN; REPORT.

    (a) Plan.--
            (1) Grant.--To the extent that funds are made available in 
        advance for this purpose, the Secretary of the Interior, acting 
        through the Bureau of Reclamation, shall provide direct 
        financial assistance to the California Water Institute, located 
        at California State University, Fresno, California, to conduct 
        a study regarding the coordination and integration of sub-
        regional integrated regional water management plans into a 
        unified Integrated Regional Water Management Plan for the 
        subject counties in the hydrologic basins that would address 
        issues related to--
                    (A) water quality;
                    (B) water supply (both surface, ground water 
                banking, and brackish water desalination);
                    (C) water conveyance;
                    (D) water reliability;
                    (E) water conservation and efficient use (by 
                distribution systems and by end users);
                    (F) flood control;
                    (G) water resource-related environmental 
                enhancement; and
                    (H) population growth.
            (2) Study area.--The study area referred to in paragraph 
        (1) is the proposed study area of the San Joaquin River 
        Hydrologic Region and Tulare Lake Hydrologic Region, as defined 
        by California Department of Water Resources Bulletin 160-05, 
        volume 3, chapters 7 and 8, including Kern, Tulare, Kings, 
        Fresno, Madera, Merced, Stanislaus, and San Joaquin counties in 
        California.
    (b) Use of Plan.--The Integrated Regional Water Management Plan 
developed for the 2 hydrologic basins under subsection (a) shall serve 
as a guide for the counties in the study area described in subsection 
(a)(2) to use as a mechanism to address and solve long-term water needs 
in a sustainable and equitable manner.
    (c) Report.--The Secretary shall ensure that a report containing 
the results of the Integrated Regional Water Management Plan for the 
hydrologic regions is submitted to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Natural Resources of the 
House of Representatives not later than 24 months after financial 
assistance is made available to the California Water Institute under 
subsection (a)(1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 to remain available 
until expended.

                TITLE III--FRIANT DIVISION IMPROVEMENTS

SEC. 301. FEDERAL FACILITY IMPROVEMENTS.

    (a) The Secretary of the Interior (hereafter referred to as the 
``Secretary'') is authorized and directed to conduct feasibility 
studies in coordination with appropriate Federal, State, regional, and 
local authorities on the following improvements and facilities in the 
Friant Division, Central Valley Project, California:
            (1) Restoration of the capacity of the Friant-Kern Canal 
        and Madera Canal to such capacity as previously designed and 
        constructed by the Bureau of Reclamation.
            (2) Reverse flow pump-back facilities on the Friant-Kern 
        Canal, with reverse-flow capacity of approximately 500 cubic 
        feet per second at the Poso and Shafter Check Structures and 
        approximately 300 cubic feet per second at the Woollomes Check 
        Structure.
    (b) Upon completion of and consistent with the applicable 
feasibility studies, the Secretary is authorized to construct the 
improvements and facilities identified in subsection (a) in accordance 
with all applicable Federal and State laws.
    (c) The costs of implementing this section shall be in accordance 
with section 303, and shall be a nonreimbursable Federal expenditure.

SEC. 302. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.

    (a) Authorization.--The Secretary is authorized to provide 
financial assistance to local agencies within the Central Valley 
Project, California, for the planning, design, environmental 
compliance, and construction of local facilities to bank water 
underground or to recharge groundwater, and that recover such water, 
provided that the project meets the criteria in subsection (b). The 
Secretary is further authorized to require that any such local agency 
receiving financial assistance under the terms of this section submit 
progress reports and accountings to the Secretary, as the Secretary 
deems appropriate, which such reports shall be publicly available.
    (b) Criteria.--
            (1) A project shall be eligible for Federal financial 
        assistance under subsection (a) only if all or a portion of the 
        project is designed to reduce, avoid, or offset the quantity of 
        the expected water supply impacts to Friant Division long-term 
        contractors caused by the Interim or Restoration Flows 
        authorized in title I of this Act, and such quantities have not 
        already been reduced, avoided, or offset by other programs or 
        projects.
            (2) Federal financial assistance shall only apply to the 
        portion of a project that the local agency designates as 
        reducing, avoiding, or offsetting the expected water supply 
        impacts caused by the Interim or Restoration Flows authorized 
        in title I of this Act, consistent with the methodology 
        developed pursuant to paragraph (3)(C).
            (3) No Federal financial assistance shall be provided by 
        the Secretary under this title for construction of a project 
        under subsection (a) unless the Secretary--
                    (A) determines that appropriate planning, design, 
                and environmental compliance activities associated with 
                such a project have been completed, and that the 
                Secretary has been offered the opportunity to 
                participate in the project at a price that is no higher 
                than the local agency's own costs, in order to secure 
                necessary storage, extraction, and conveyance rights 
                for water that may be needed to meet the Restoration 
                Goal as described in title I of this Act, where such 
                project has capacity beyond that designated for the 
                purposes in paragraph (2) or where it is feasible to 
                expand such project to allow participation by the 
                Secretary;
                    (B) determines, based on information available at 
                the time, that the local agency has the financial 
                capability and willingness to fund its share of the 
                project's construction and all operation and 
                maintenance costs on an annual basis;
                    (C) determines that a method acceptable to the 
                Secretary has been developed for quantifying the 
                benefit, in terms of reduction, avoidance, or offset of 
                the water supply impacts expected to be caused by the 
                Interim or Restoration Flows authorized in title I of 
                this Act, that will result from the project, and for 
                ensuring appropriate adjustment in the recovered water 
                account pursuant to section 104(a)(5); and
                    (D) has entered into a cost-sharing agreement with 
                the local agency which commits the local agency to 
                funding its share of the project's construction costs 
                on an annual basis.
    (c) Guidelines.--Within 1 year from the date of enactment of this 
title, the Secretary shall develop, in consultation with the Friant 
Division long-term contractors, proposed guidelines for the application 
of the criteria defined in subsection (b), and will make the proposed 
guidelines available for public comment. Such guidelines may consider 
prioritizing the distribution of available funds to projects that 
provide the broadest benefit within the affected area and the equitable 
allocation of funds. Upon adoption of such guidelines, the Secretary 
shall implement such assistance program, subject to the availability of 
funds appropriated for such purpose.
    (d) Cost Sharing.--The Federal financial assistance provided to 
local agencies under subsection (a) shall not exceed--
            (1) 50 percent of the costs associated with planning, 
        design, and environmental compliance activities associated with 
        such a project; and
            (2) 50 percent of the costs associated with construction of 
        any such project.
    (e) Project Ownership.--
            (1) Title to, control over, and operation of, projects 
        funded under subsection (a) shall remain in one or more non-
        Federal local agencies. Nothing in this title authorizes the 
        Secretary to operate a groundwater bank along or adjacent to 
        the San Joaquin River upstream of the confluence with the 
        Merced River, and any such groundwater bank shall be operated 
        by a non-Federal entity. All projects funded pursuant to this 
        subsection shall comply with all applicable Federal and State 
        laws, including provisions of California water law.
            (2) All operation, maintenance, and replacement and 
        rehabilitation costs of such projects shall be the 
        responsibility of the local agency. The Secretary shall not 
        provide funding for any operation, maintenance, or replacement 
        and rehabilitation costs of projects funded under subsection 
        (a).

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) The Secretary is authorized and directed to use monies from the 
fund established under section 109 to carry out the provisions of 
section 301(a)(1), in an amount not to exceed $35,000,000.
    (b) In addition to the funds made available pursuant to subsection 
(a), the Secretary is also authorized to expend such additional funds 
from the fund established under section 109 to carry out the purposes 
of section 301(a)(2), if such facilities have not already been 
authorized and funded under the plan provided for pursuant to section 
104(a)(4), in an amount not to exceed $17,000,000, provided that the 
Secretary first determines that such expenditure will not conflict with 
or delay his implementation of actions required by title I of this Act. 
Notice of the Secretary's determination shall be published not later 
than his submission of the report to Congress required by section 
109(f)(2).
    (c) In addition to funds made available in subsections (a) and (b), 
there are authorized to be appropriated $50,000,000 (October 2008 price 
levels) to carry out the purposes of this title which shall be non-
reimbursable.
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