IB 

Union Calendar No. 146 

114TH CONGRESS 

1ST SESSION H. R. 2898 

[Report No. 114–197, Part I] 

To provide drought relief in the State of California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2015 

Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. NUNES, Mr. 

LAMALFA, Mr. DENHAM, Mr. MCCLINTOCK, Mr. JOYCE, Mr. DIAZBALART, Mr. STEWART, Mr. SIMPSON, Mr. KNIGHT, Mr. COOK, Mr. 

RODNEY DAVIS of Illinois, Mrs. MIMI WALTERS of California, Mr. ROHRABACHER, Mr. HUNTER, Mr. ROYCE, Mr. ISSA, Mr. ZINKE, Mr. COSTA, 

Mr. AMODEI, Mr. HARDY, Mr. TIPTON, Mr. NEWHOUSE, and Mrs. LUMMIS) introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

JULY 13, 2015 

Additional sponsor: Mr. GOSAR

JULY 13, 2015 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 13, 2015 

The Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 25, 2015] 


SSpencer on DSK3TPTVN1PROD with BILLS
2 

•HR 2898 RH

A BILL 

To provide drought relief in the State of California, and 

for other purposes. 


SSpencer on DSK3TPTVN1PROD with BILLS
3 

•HR 2898 RH

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 Water and American Food Security Act of 2015’’. 

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

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—ADJUSTING DELTA SMELT MANAGEMENT BASED ON 

INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 

Sec. 101. Definitions. 

Sec. 102. Revise incidental take level calculation for delta smelt to reflect new 

science. 

Sec. 103. Factoring increased real-time monitoring and updated science into 

Delta smelt management. 

TITLE II—ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO 

NEW SCIENCE 

Sec. 201. Definitions. 

Sec. 202. Process for ensuring salmonid management is responsive to new science. 

Sec. 203. Non-Federal program to protect native anadromous fish in the 

Stanislaus River. 

Sec. 204. Pilot projects to implement calfed invasive species program. 

TITLE III—OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF 

Sec. 301. Definitions. 

Sec. 302. Operational flexibility in times of drought. 

Sec. 303. Operation of cross-channel gates. 

Sec. 304. Flexibility for export/inflow ratio. 

Sec. 305. Emergency environmental reviews. 

Sec. 306. Increased flexibility for regular project operations. 

Sec. 307. Temporary operational flexibility for first few storms of the water year. 

Sec. 308. Expediting water transfers. 

Sec. 309. Additional emergency consultation. 

Sec. 310. Additional storage at New Melones. 

Sec. 311. Regarding the operation of Folsom Reservoir. 

Sec. 312. Applicants. 

Sec. 313. San Joaquin River settlement. 

Sec. 314. Program for water rescheduling. 

TITLE IV—CALFED STORAGE FEASIBILITY STUDIES 

Sec. 401. Studies. 


SSpencer on DSK3TPTVN1PROD with BILLS
4 

•HR 2898 RH

Sec. 402. Temperance Flat. 

Sec. 403. CALFED storage accountability. 

Sec. 404. Water storage project construction. 

TITLE V—WATER RIGHTS PROTECTIONS 

Sec. 501. Offset for State Water Project. 

Sec. 502. Area of origin protections. 

Sec. 503. No redirected adverse impacts. 

Sec. 504. Allocations for Sacramento Valley contractors. 

Sec. 505. Effect on existing obligations. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Authorized service area. 

Sec. 602. Oversight board for Restoration Fund. 

Sec. 603. Water supply accounting. 

Sec. 604. Implementation of water replacement plan. 

Sec. 605. Natural and artificially spawned species. 

Sec. 606. Transfer the New Melones Unit, Central Valley Project to interested providers. 

Sec. 607. Basin studies. 

Sec. 608. Operations of the Trinity River Division. 

Sec. 609. Amendment to purposes. 

Sec. 610. Amendment to definition. 

TITLE VII—WATER SUPPLY PERMITTING ACT 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Establishment of lead agency and cooperating agencies. 

Sec. 704. Bureau responsibilities. 

Sec. 705. Cooperating agency responsibilities. 

Sec. 706. Funding to process permits. 

TITLE VIII—BUREAU OF RECLAMATION PROJECT STREAMLINING 

Sec. 801. Short title. 

Sec. 802. Definitions. 

Sec. 803. Acceleration of studies. 

Sec. 804. Expedited completion of reports. 

Sec. 805. Project acceleration. 

Sec. 806. Annual report to Congress. 

TITLE IX—ACCELERATED REVENUE, REPAYMENT, AND SURFACE 

WATER STORAGE ENHANCEMENT 

Sec. 901. Short title. 

Sec. 902. Prepayment of certain repayment contracts between the United States 

and contractors of federally developed water supplies. 

TITLE X—SAFETY OF DAMS 

Sec. 1001. Authorization of additional project benefits. 

TITLE XI—WATER RIGHTS PROTECTION 

Sec. 1101. Short title. 


SSpencer on DSK3TPTVN1PROD with BILLS
5 

•HR 2898 RH

Sec. 1102. Definition of water right. 

Sec. 1103. Treatment of water rights. 

Sec. 1104. Recognition of State authority. 

Sec. 1105. Effect of title. 

1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) As established in the Proclamation of a State 

4 of Emergency issued by the Governor of the State on 

5 January 17, 2014, the State is experiencing record 

6 dry conditions. 

7 (2) Extremely dry conditions have persisted in 

8 the State since 2012, and the drought conditions are 

9 likely to persist into the future. 

10 (3) The water supplies of the State are at record11 low levels, as indicated by the fact that all major Cen12 tral Valley Project reservoir levels were at 20–35 per13 cent of capacity as of September 25, 2014. 

14 (4) The lack of precipitation has been a signifi15 cant contributing factor to the 6,091 fires experienced 

16 in the State as of September 15, 2014, and which cov17 ered nearly 400,000 acres. 

18 (5) According to a study released by the Univer19 sity of California, Davis in July 2014, the drought 

20 has led to the fallowing of 428,000 acres of farmland, 

21 loss of $810 million in crop revenue, loss of $203 mil22 lion in dairy and other livestock value, and increased 

23 groundwater pumping costs by $454 million. The 


SSpencer on DSK3TPTVN1PROD with BILLS
6 

•HR 2898 RH

1 statewide economic costs are estimated to be $2.2 bil2 lion, with over 17,000 seasonal and part-time agricul3 tural jobs lost. 

4 (6) CVPIA Level II water deliveries to refuges 

5 have also been reduced by 25 percent in the north of 

6 Delta region, and by 35 percent in the south of Delta 

7 region. 

8 (7) Only one-sixth of the usual acres of rice fields 

9 are being flooded this fall, which leads to a significant 

10 decline in habitat for migratory birds and an in11 creased risk of disease at the remaining wetlands due 

12 to overcrowding of such birds. 

13 (8) The drought of 2013 through 2014 constitutes 

14 a serious emergency that poses immediate and severe 

15 risks to human life and safety and to the environment 

16 throughout the State. 

17 (9) The serious emergency described in para18 graph (4) requires— 

19 (A) immediate and credible action that re20 spects the complexity of the water system of the 

21 State and the importance of the water system to 

22 the entire State; and 

23 (B) policies that do not pit stakeholders 

24 against one another, which history shows only 


SSpencer on DSK3TPTVN1PROD with BILLS
7 

•HR 2898 RH

1 leads to costly litigation that benefits no one and 

2 prevents any real solutions. 

3 (10) Data on the difference between water de4 mand and reliable water supplies for various regions 

5 of California south of the Delta, including the San 

6 Joaquin Valley, indicate there is a significant annual 

7 gap between reliable water supplies to meet agricul8 tural, municipal and industrial, groundwater, and 

9 refuges water needs within the Delta Division, San 

10 Luis Unit and Friant Division of the Central Valley 

11 Project and the State Water Project south of the Sac12 ramento-San Joaquin River Delta and the demands 

13 of those areas. This gap varies depending on the 

14 methodology of the analysis performed, but can be 

15 represented in the following ways: 

16 (A) For Central Valley Project South-of17 Delta water service contractors, if it is assumed 

18 that a water supply deficit is the difference in 

19 the amount of water available for allocation 

20 versus the maximum contract quantity, then the 

21 water supply deficits that have developed from 

22 1992 to 2014 as a result of legislative and regu23 latory changes besides natural variations in hy24 drology during this timeframe range between 

25 720,000 and 1,100,000 acre-feet. 


SSpencer on DSK3TPTVN1PROD with BILLS
8 

•HR 2898 RH

1 (B) For Central Valley Project and State 

2 Water Project water service contractors south of 

3 the Delta and north of the Tehachapi mountain 

4 range, if it is assumed that a water supply def5 icit is the difference between reliable water sup6 plies, including maximum water contract deliv7 eries, safe yield of groundwater, safe yield of 

8 local and surface supplies and long-term con9 tracted water transfers, and water demands, in10 cluding water demands from agriculture, munic11 ipal and industrial and refuge contractors, then 

12 the water supply deficit ranges between approxi13 mately 2,500,000 to 2,700,000 acre-feet. 

14 (11) Data of pumping activities at the Central 

15 Valley Project and State Water Project delta pumps 

16 identifies that, on average from Water Year 2009 to 

17 Water Year 2014, take of Delta smelt is 80 percent 

18 less than allowable take levels under the biological 

19 opinion issued December 15, 2008. 

20 (12) Data of field sampling activities of the 

21 Interagency Ecological Program located in the Sac22 ramento-San Joaquin Estuary identifies that, on av23 erage from 2005 to 2013, the program ‘‘takes’’ 3,500 

24 delta smelt during annual surveys with an authorized 


SSpencer on DSK3TPTVN1PROD with BILLS
9 

•HR 2898 RH

1 ‘‘take’’ level of 33,480 delta smelt annually—accord2 ing to the biological opinion issued December 9, 1997. 

3 (13) In 2015, better information exists than was 

4 known in 2008 concerning conditions and operations 

5 that may or may not lead to high salvage events that 

6 jeopardize the fish populations, and what alternative 

7 management actions can be taken to avoid jeopardy. 

8 (14) Alternative management strategies, remov9 ing non-native species, enhancing habitat, monitoring 

10 fish movement and location in real-time, and improv11 ing water quality in the Delta can contribute signifi12 cantly to protecting and recovering these endangered 

13 fish species, and at potentially lower costs to water 

14 supplies. 

15 (15) Resolution of fundamental policy questions 

16 concerning the extent to which application of the En17 dangered Species Act of 1973 affects the operation of 

18 the Central Valley Project and State Water Project is 

19 the responsibility of Congress. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) DELTA.—The term ‘‘Delta’’ means the Sac23 ramento-San Joaquin Delta and the Suisun Marsh, 

24 as defined in sections 12220 and 29101 of the Cali25 fornia Public Resources Code. 


SSpencer on DSK3TPTVN1PROD with BILLS
10 

•HR 2898 RH

1 (2) EXPORT PUMPING RATES.—The term ‘‘export 

2 pumping rates’’ means the rates of pumping at the 

3 C.W. ‘‘Bill’’ Jones Pumping Plant and the Harvey O. 

4 Banks Pumping Plant, in the southern Delta. 

5 (3) LISTED FISH SPECIES.—The term ‘‘listed 

6 fish species’’ means listed salmonid species and the 

7 Delta smelt. 

8 (4) LISTED SALMONID SPECIES.—The term ‘‘list9 ed salmonid species’’ means natural origin steelhead, 

10 natural origin genetic spring run Chinook, and ge11 netic winter run Chinook salmon including hatchery 

12 steelhead or salmon populations within the evolution13 ary significant unit (ESU) or distinct population 

14 segment (DPS). 

15 (5) NEGATIVE IMPACT ON THE LONG-TERM SUR16 VIVAL.—The term ‘‘negative impact on the long-term 

17 survival’’ means to reduce appreciably the likelihood 

18 of the survival of a listed species in the wild by reduc19 ing the reproduction, numbers, or distribution of that 

20 species. 

21 (6) OMR.—The term ‘‘OMR’’ means the Old and 

22 Middle River in the Delta. 

23 (7) OMR FLOW OF ¥5,000 CUBIC FEET PER SEC24 OND.—The term ‘‘OMR flow of ¥5,000 cubic feet per 


SSpencer on DSK3TPTVN1PROD with BILLS
11 

•HR 2898 RH

1 second’’ means Old and Middle River flow of negative 

2 5,000 cubic feet per second as described in— 

3 (A) the smelt biological opinion; and 

4 (B) the salmonid biological opinion. 

5 (8) SALMONID BIOLOGICAL OPINION.—The term 

6 ‘‘salmonid biological opinion’’ means the biological 

7 opinion issued by the National Marine Fisheries 

8 Service on June 4, 2009. 

9 (9) SMELT BIOLOGICAL OPINION.—The term 

10 ‘‘smelt biological opinion’’ means the biological opin11 ion on the Long-Term Operational Criteria and Plan 

12 for coordination of the Central Valley Project and 

13 State Water Project issued by the United States Fish 

14 and Wildlife Service on December 15, 2008. 

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

16 of California. 

17 TITLE I—ADJUSTING DELTA 

18 SMELT MANAGEMENT BASED 

19 ON INCREASED REAL-TIME 

20 MONITORING AND UPDATED 

21 SCIENCE 

22 SEC. 101. DEFINITIONS. 

23 In this title: 


SSpencer on DSK3TPTVN1PROD with BILLS
12 

•HR 2898 RH

1 (1) DIRECTOR.—The term ‘‘Director’’ means the 

2 Director of the United States Fish and Wildlife Serv3 ice. 

4 (2) DELTA SMELT.—The term ‘‘Delta smelt’’ 

5 means the fish species with the scientific name 

6 Hypomesus transpacificus. 

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

8 the Secretary of the Interior. 

9 (4) COMMISSIONER.—The term ‘‘Commissioner’’ 

10 means the Commissioner of the Bureau of Reclama11 tion. 

12 SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION 

13 FOR DELTA SMELT TO REFLECT NEW 

14 SCIENCE. 

15 (a) REVIEW AND MODIFICATION.—Not later than Octo16 ber 1, 2016, and at least every five years thereafter, the Di17 rector, in cooperation with other Federal, State, and local 

18 agencies, shall use the best scientific and commercial data 

19 available to complete a review and, modify the method used 

20 to calculate the incidental take levels for adult and larval/ 

21 juvenile Delta smelt in the smelt biological opinion that 

22 takes into account all life stages, among other consider23 ations— 

24 (1) salvage information collected since at least 

25 1993; 


SSpencer on DSK3TPTVN1PROD with BILLS
13 

•HR 2898 RH

1 (2) updated or more recently developed statistical 

2 models; 

3 (3) updated scientific and commercial data; and 

4 (4) the most recent information regarding the en5 vironmental factors affecting Delta smelt salvage. 

6 (b) MODIFIED INCIDENTAL TAKE LEVEL.—Unless the 

7 Director determines in writing that one or more of the re8 quirements described in paragraphs (1) through (4) are not 

9 appropriate, the modified incidental take level described in 

10 subsection (a) shall— 

11 (1) be normalized for the abundance of 

12 prespawning adult Delta smelt using the Fall 

13 Midwater Trawl Index or other index; 

14 (2) be based on a simulation of the salvage that 

15 would have occurred from 1993 through 2012 if OMR 

16 flow has been consistent with the smelt biological 

17 opinions; 

18 (3) base the simulation on a correlation between 

19 annual salvage rates and historic water clarity and 

20 OMR flow during the adult salvage period; and 

21 (4) set the incidental take level as the 80 percent 

22 upper prediction interval derived from simulated sal23 vage rates since at least 1993. 


SSpencer on DSK3TPTVN1PROD with BILLS
14 

•HR 2898 RH

1 SEC. 103. FACTORING INCREASED REAL-TIME MONITORING 

2 AND UPDATED SCIENCE INTO DELTA SMELT 

3 MANAGEMENT. 

4 (a) IN GENERAL.—The Director shall use the best sci5 entific and commercial data available to implement, con6 tinuously evaluate, and refine or amend, as appropriate, 

7 the reasonable and prudent alternative described in the 

8 smelt biological opinion, and any successor opinions or 

9 court order. The Secretary shall make all significant deci10 sions under the smelt biological opinion, or any successor 

11 opinions that affect Central Valley Project and State Water 

12 Project operations, in writing, and shall document the sig13 nificant facts upon which such decisions are made, con14 sistent with section 706 of title 5, United States Code. 

15 (b) INCREASED MONITORING TO INFORM REAL-TIME

16 OPERATIONS.—The Secretary shall conduct additional sur17 veys, on an annual basis at the appropriate time of the 

18 year based on environmental conditions, in collaboration 

19 with other Delta science interests. 

20 (1) In implementing this section, the Secretary 

21 shall— 

22 (A) use the most accurate survey methods 

23 available for the detection of Delta smelt to deter24 mine the extent that adult Delta smelt are dis25 tributed in relation to certain levels of turbidity, 


SSpencer on DSK3TPTVN1PROD with BILLS
15 

•HR 2898 RH

1 or other environmental factors that may influ2 ence salvage rate; and 

3 (B) use results from appropriate survey 

4 methods for the detection of Delta smelt to deter5 mine how the Central Valley Project and State 

6 Water Project may be operated more efficiently 

7 to minimize salvage while maximizing export 

8 pumping rates without causing a significant 

9 negative impact on the long-term survival of the 

10 Delta smelt. 

11 (2) During the period beginning on December 1, 

12 2015, and ending March 31, 2016, and in each suc13 cessive December through March period, if suspended 

14 sediment loads enter the Delta from the Sacramento 

15 River and the suspended sediment loads appear likely 

16 to raise turbidity levels in the Old River north of the 

17 export pumps from values below 12 Nephelometric 

18 Turbidity Units (NTU) to values above 12 NTU, the 

19 Secretary shall— 

20 (A) conduct daily monitoring using appro21 priate survey methods at locations including, but 

22 not limited to, the vicinity of Station 902 to de23 termine the extent that adult Delta smelt are 

24 moving with turbidity toward the export pumps; 

25 and 


SSpencer on DSK3TPTVN1PROD with BILLS
16 

•HR 2898 RH

1 (B) use results from the monitoring surveys 

2 referenced in paragraph (A) to determine how 

3 increased trawling can inform daily real-time 

4 Central Valley Project and State Water Project 

5 operations to minimize salvage while maxi6 mizing export pumping rates without causing a 

7 significant negative impact on the long-term sur8 vival of the Delta smelt. 

9 (c) PERIODIC REVIEW OF MONITORING.—Within 12 

10 months of the date of enactment of this title, and at least 

11 once every 5 years thereafter, the Secretary shall— 

12 (1) evaluate whether the monitoring program 

13 under subsection (b), combined with other monitoring 

14 programs for the Delta, is providing sufficient data to 

15 inform Central Valley Project and State Water 

16 Project operations to minimize salvage while maxi17 mizing export pumping rates without causing a sig18 nificant negative impact on the long-term survival of 

19 the Delta smelt; and 

20 (2) determine whether the monitoring efforts 

21 should be changed in the short or long term to provide 

22 more useful data. 

23 (d) DELTA SMELT DISTRIBUTION STUDY.— 

24 (1) IN GENERAL.—No later than January 1, 

25 2016, and at least every five years thereafter, the SecVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
17 

•HR 2898 RH

1 retary, in collaboration with the California Depart2 ment of Fish and Wildlife, the California Department 

3 of Water Resources, public water agencies, and other 

4 interested entities, shall implement new targeted sam5 pling and monitoring specifically designed to under6 stand Delta smelt abundance, distribution, and the 

7 types of habitat occupied by Delta smelt during all 

8 life stages. 

9 (2) SAMPLING.—The Delta smelt distribution 

10 study shall, at a minimum— 

11 (A) include recording water quality and 

12 tidal data; 

13 (B) be designed to understand Delta smelt 

14 abundance, distribution, habitat use, and move15 ment throughout the Delta, Suisun Marsh, and 

16 other areas occupied by the Delta smelt during 

17 all seasons; 

18 (C) consider areas not routinely sampled by 

19 existing monitoring programs, including wetland 

20 channels, near-shore water, depths below 35 feet, 

21 and shallow water; and 

22 (D) use survey methods, including sampling 

23 gear, best suited to collect the most accurate data 

24 for the type of sampling or monitoring. 


SSpencer on DSK3TPTVN1PROD with BILLS
18 

•HR 2898 RH

1 (e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF

2 OMR FLOW REQUIREMENTS.—In implementing the provi3 sions of the smelt biological opinion, or any successor bio4 logical opinion or court order, pertaining to management 

5 of reverse flow in the Old and Middle Rivers, the Secretary 

6 shall— 

7 (1) consider the relevant provisions of the bio8 logical opinion or any successor biological opinion; 

9 (2) to maximize Central Valley project and State 

10 Water Project water supplies, manage export pump11 ing rates to achieve a reverse OMR flow rate of 

12 ¥5,000 cubic feet per second unless information de13 veloped by the Secretary under paragraphs (3) and 

14 (4) leads the Secretary to reasonably conclude that a 

15 less negative OMR flow rate is necessary to avoid a 

16 negative impact on the long-term survival of the Delta 

17 smelt. If information available to the Secretary indi18 cates that a reverse OMR flow rate more negative 

19 than ¥5,000 cubic feet per second can be established 

20 without an imminent negative impact on the long21 term survival of the Delta smelt, the Secretary shall 

22 manage export pumping rates to achieve that more 

23 negative OMR flow rate; 


SSpencer on DSK3TPTVN1PROD with BILLS
19 

•HR 2898 RH

1 (3) document in writing any significant facts 

2 about real-time conditions relevant to the determina3 tions of OMR reverse flow rates, including— 

4 (A) whether targeted real-time fish moni5 toring in the Old River pursuant to this section, 

6 including monitoring in the vicinity of Station 

7 902, indicates that a significant negative impact 

8 on the long-term survival of the Delta smelt is 

9 imminent; and 

10 (B) whether near-term forecasts with avail11 able salvage models show under prevailing condi12 tions that OMR flow of ¥5,000 cubic feet per 

13 second or higher will cause a significant negative 

14 impact on the long-term survival of the Delta 

15 smelt; 

16 (4) show in writing that any determination to 

17 manage OMR reverse flow at rates less negative than 

18 ¥5,000 cubic feet per second is necessary to avoid a 

19 significant negative impact on the long-term survival 

20 of the Delta smelt, including an explanation of the 

21 data examined and the connection between those data 

22 and the choice made, after considering— 

23 (A) the distribution of Delta smelt through24 out the Delta; 


SSpencer on DSK3TPTVN1PROD with BILLS
20 

•HR 2898 RH

1 (B) the potential effects of documented, 

2 quantified entrainment on subsequent Delta 

3 smelt abundance; 

4 (C) the water temperature; 

5 (D) other significant factors relevant to the 

6 determination; and 

7 (E) whether any alternative measures could 

8 have a substantially lesser water supply impact; 

9 and 

10 (5) for any subsequent biological opinion, make 

11 the showing required in paragraph (4) for any deter12 mination to manage OMR reverse flow at rates less 

13 negative than the most negative limit in the biological 

14 opinion if the most negative limit in the biological 

15 opinion is more negative than ¥5,000 cubic feet per 

16 second. 

17 (f) MEMORANDUM OF UNDERSTANDING.—No later 

18 than December 1, 2015, the Commissioner and the Director 

19 will execute a Memorandum of Understanding (MOU) to 

20 ensure that the smelt biological opinion is implemented in 

21 a manner that maximizes water supply while complying 

22 with applicable laws and regulations. If that MOU alters 

23 any procedures set out in the biological opinion, there will 

24 be no need to reinitiate consultation if those changes will 

25 not have a significant negative impact on the long-term surVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
21 

•HR 2898 RH

1 vival on listed species and the implementation of the MOU 

2 would not be a major change to implementation of the bio3 logical opinion. Any change to procedures that does not cre4 ate a significant negative impact on the long-term survival 

5 to listed species will not alter application of the take per6 mitted by the incidental take statement in the biological 

7 opinion under section 7(o)(2) of the Endangered Species Act 

8 of 1973. 

9 (g) CALCULATION OF REVERSE FLOW IN OMR.—With10 in 90 days of the enactment of this title, the Secretary is 

11 directed, in consultation with the California Department 

12 of Water Resources to revise the method used to calculate 

13 reverse flow in Old and Middle Rivers for implementation 

14 of the reasonable and prudent alternatives in the smelt bio15 logical opinion and the salmonid biological opinion, and 

16 any succeeding biological opinions, for the purpose of in17 creasing Central Valley Project and State Water Project 

18 water supplies. The method of calculating reverse flow in 

19 Old and Middle Rivers shall be reevaluated not less than 

20 every five years thereafter to achieve maximum export 

21 pumping rates within limits established by the smelt bio22 logical opinion, the salmonid biological opinion, and any 

23 succeeding biological opinions. 


SSpencer on DSK3TPTVN1PROD with BILLS
22 

•HR 2898 RH

1 TITLE II—ENSURING SALMONID 

2 MANAGEMENT IS RESPON3 SIVE TO NEW SCIENCE 

4 SEC. 201. DEFINITIONS. 

5 In this title: 

6 (1) ASSISTANT ADMINISTRATOR.—The term ‘‘As7 sistant Administrator’’ means the Assistant Adminis8 trator of the National Oceanic and Atmospheric Ad9 ministration for Fisheries. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Commerce. 

12 (3) OTHER AFFECTED INTERESTS.—The term 

13 ‘‘other affected interests’’ means the State of Cali14 fornia, Indian tribes, subdivisions of the State of 

15 California, public water agencies and those who ben16 efit directly and indirectly from the operations of the 

17 Central Valley Project and the State Water Project. 

18 (4) COMMISSIONER.—The term ‘‘Commissioner’’ 

19 means the Commissioner of the Bureau of Reclama20 tion. 

21 (5) DIRECTOR.—The term ‘‘Director’’ means the 

22 Director of the United States Fish and Wildlife Serv23 ice. 


SSpencer on DSK3TPTVN1PROD with BILLS
23 

•HR 2898 RH

1 SEC. 202. PROCESS FOR ENSURING SALMONID MANAGE2 MENT IS RESPONSIVE TO NEW SCIENCE. 

3 (a) GENERAL DIRECTIVE.—The reasonable and pru4 dent alternative described in the salmonid biological opin5 ion allows for and anticipates adjustments in Central Val6 ley Project and State Water Project operation parameters 

7 to reflect the best scientific and commercial data currently 

8 available, and authorizes efforts to test and evaluate im9 provements in operations that will meet applicable regu10 latory requirements and maximize Central Valley Project 

11 and State Water Project water supplies and reliability. Im12 plementation of the reasonable and prudent alternative de13 scribed in the salmonid biological opinion shall be adjusted 

14 accordingly as new scientific and commercial data are de15 veloped. The Commissioner and the Assistant Adminis16 trator shall fully utilize these authorities as described below. 

17 (b) ANNUAL REVIEWS OF CERTAIN CENTRAL VALLEY

18 PROJECT AND STATE WATER PROJECT OPERATIONS.—No 

19 later than December 31, 2016, and at least annually there20 after: 

21 (1) The Commissioner, with the assistance of the 

22 Assistant Administrator, shall examine and identify 

23 adjustments to the initiation of Action IV.2.3 as set 

24 forth in the Biological Opinion and Conference Opin25 ion on the Long-Term Operations of the Central Val26 ley Project and State Water Project, Endangered SpeVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
24 

•HR 2898 RH

1 cies Act Section 7 Consultation, issued by the Na2 tional Marine Fisheries Service on June 4, 2009, per3 taining to negative OMR flows, subject to paragraph 

4 (5). 

5 (2) The Commissioner, with the assistance of the 

6 Assistant Administrator, shall examine and identify 

7 adjustments in the timing, triggers or other oper8 ational details relating to the implementation of 

9 pumping restrictions in Action IV.2.1 pertaining to 

10 the inflow to export ratio, subject to paragraph (5). 

11 (3) Pursuant to the consultation and assessments 

12 carried out under paragraphs (1) and (2) of this sub13 section, the Commissioner and the Assistant Adminis14 trator shall jointly make recommendations to the Sec15 retary of the Interior and to the Secretary on adjust16 ments to project operations that, in the exercise of the 

17 adaptive management provisions of the salmonid bio18 logical opinion, will reduce water supply impacts of 

19 the salmonid biological opinion on the Central Valley 

20 Project and the California State Water Project and 

21 are consistent with the requirements of applicable law 

22 and as further described in subsection (c). 

23 (4) The Secretary and the Secretary of the Inte24 rior shall direct the Commissioner and Assistant Ad25 ministrator to implement recommended adjustments 


SSpencer on DSK3TPTVN1PROD with BILLS
25 

•HR 2898 RH

1 to Central Valley Project and State Water Project op2 erations for which the conditions under subsection (c) 

3 are met. 

4 (5) The Assistant Administrator and the Com5 missioner shall review and identify adjustments to 

6 Central Valley Project and State Water Project oper7 ations with water supply restrictions in any successor 

8 biological opinion to the salmonid biological opinion, 

9 applying the provisions of this section to those water 

10 supply restrictions where there are references to Ac11 tions IV.2.1 and IV.2.3. 

12 (c) IMPLEMENTATION OF OPERATIONAL ADJUST13 MENTS.—After reviewing the recommendations under sub14 section (b), the Secretary of the Interior and the Secretary 

15 shall direct the Commissioner and the Assistant Adminis16 trator to implement those operational adjustments, or any 

17 combination, for which, in aggregate— 

18 (1) the net effect on listed species is equivalent 

19 to those of the underlying project operational param20 eters in the salmonid biological opinion, taking into 

21 account both— 

22 (A) efforts to minimize the adverse effects of 

23 the adjustment to project operations; and 

24 (B) whatever additional actions or measures 

25 may be implemented in conjunction with the adVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
26 

•HR 2898 RH

1 justments to operations to offset the adverse ef2 fects to listed species, consistent with (d), that 

3 are in excess of the adverse effects of the under4 lying operational parameters, if any; and 

5 (2) the effects of the adjustment can be reason6 ably expected to fall within the incidental take au7 thorizations. 

8 (d) EVALUATION OF OFFSETTING MEASURES.—When 

9 examining and identifying opportunities to offset the poten10 tial adverse effect of adjustments to operations under sub11 section (c)(1)(B), the Commissioner and the Assistant Ad12 ministrator shall take into account the potential species 

13 survival improvements that are likely to result from other 

14 measures which, if implemented in conjunction with such 

15 adjustments, would offset adverse effects, if any, of the ad16 justments. When evaluating offsetting measures, the Com17 missioner and the Assistant Administrator shall consider 

18 the type, timing and nature of the adverse effects, if any, 

19 to specific species and ensure that the measures likely pro20 vide equivalent overall benefits to the listed species in the 

21 aggregate, as long as the change will not cause a significant 

22 negative impact on the long-term survival of a listed 

23 salmonid species. 

24 (e) FRAMEWORK FOR EXAMINING OPPORTUNITIES TO

25 MINIMIZE OR OFFSET THE POTENTIAL ADVERSE EFFECT


SSpencer on DSK3TPTVN1PROD with BILLS
27 

•HR 2898 RH

1 OF ADJUSTMENTS TO OPERATIONS.—Not later than Decem2 ber 31, 2015, and every five years thereafter, the Assistant 

3 Administrator shall, in collaboration with the Director of 

4 the California Department of Fish and Wildlife, based on 

5 the best scientific and commercial data available and for 

6 each listed salmonid species, issue estimates of the increase 

7 in through-Delta survival the Secretary expects to be 

8 achieved— 

9 (1) through restrictions on export pumping rates 

10 as specified by Action IV.2.3 as compared to limiting 

11 OMR flow to a fixed rate of ¥5,000 cubic feet per 

12 second within the time period Action IV.2.3 is appli13 cable, based on a given rate of San Joaquin River in14 flow to the Delta and holding other relevant factors 

15 constant; 

16 (2) through San Joaquin River inflow to export 

17 restrictions on export pumping rates specified within 

18 Action IV.2.1 as compared to the restrictions in the 

19 April/May period imposed by the State Water Re20 sources Control Board decision D–1641, based on a 

21 given rate of San Joaquin River inflow to the Delta 

22 and holding other relevant factors constant; 

23 (3) through physical habitat restoration im24 provements; 

25 (4) through predation control programs; 


SSpencer on DSK3TPTVN1PROD with BILLS
28 

•HR 2898 RH

1 (5) through the installation of temporary bar2 riers, the management of Cross Channel Gates oper3 ations, and other projects affecting flow in the Delta; 

4 (6) through salvaging fish that have been en5 trained near the entrance to Clifton Court Forebay; 

6 (7) through any other management measures 

7 that may provide equivalent or better protections for 

8 listed species while maximizing export pumping rates 

9 without causing a significant negative impact on the 

10 long-term survival of a listed salmonid species; and 

11 (8) through development and implementation of 

12 conservation hatchery programs for salmon and 

13 steelhead to aid in the recovery of listed salmon and 

14 steelhead species. 

15 (f) SURVIVAL ESTIMATES.— 

16 (1) To the maximum extent practicable, the As17 sistant Administrator shall make quantitative esti18 mates of survival such as a range of percentage in19 creases in through-Delta survival that could result 

20 from the management measures, and if the scientific 

21 information is lacking for quantitative estimates, 

22 shall do so on qualitative terms based upon the best 

23 available science. 

24 (2) If the Assistant Administrator provides qual25 itative survival estimates for a species resulting from 


SSpencer on DSK3TPTVN1PROD with BILLS
29 

•HR 2898 RH

1 one or more management measures, the Secretary 

2 shall, to the maximum extent feasible, rank the man3 agement measures described in subsection (e) in terms 

4 of their most likely expected contribution to increased 

5 through-Delta survival relative to the other measures. 

6 (3) If at the time the Assistant Administrator 

7 conducts the reviews under subsection (b), the Sec8 retary has not issued an estimate of increased 

9 through-Delta survival from different management 

10 measures pursuant to subsection (e), the Secretary 

11 shall compare the protections to the species from dif12 ferent management measures based on the best sci13 entific and commercial data available at the time. 

14 (g) COMPARISON OF ADVERSE CONSEQUENCES FOR

15 ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT

16 PROTECTION FOR A SPECIES.— 

17 (1) For the purposes of this subsection and sub18 section (c)— 

19 (A) the alternative management measure or 

20 combination of alternative management meas21 ures identified in paragraph (2) shall be known 

22 as the ‘‘equivalent alternative measure’’; 

23 (B) the existing measure or measures iden24 tified in subparagraphs (2) (A), (B), (C), or (D) 


SSpencer on DSK3TPTVN1PROD with BILLS
30 

•HR 2898 RH

1 shall be known as the ‘‘equivalent existing meas2 ure’’; and 

3 (C) an ‘‘equivalent increase in through4 Delta survival rates for listed salmonid species’’ 

5 shall mean an increase in through-Delta survival 

6 rates that is equivalent when considering the 

7 change in through-Delta survival rates for the 

8 listed salmonid species in the aggregate, and not 

9 the same change for each individual species, as 

10 long as the change in survival rates will not 

11 cause a significant negative impact on the long12 term survival of a listed salmonid species. 

13 (2) As part of the reviews of project operations 

14 pursuant to subsection (b), the Assistant Adminis15 trator shall determine whether any alternative man16 agement measures or combination of alternative man17 agement measures listed in subsection (e) (3) through 

18 (8) would provide an increase in through-Delta sur19 vival rates for listed salmonid species that is equiva20 lent to the increase in through-Delta survival rates for 

21 listed salmonid species from the following: 

22 (A) Through restrictions on export pumping 

23 rates as specified by Action IV.2.3, as compared 

24 to limiting OMR flow to a fixed rate of ¥5,000 


SSpencer on DSK3TPTVN1PROD with BILLS
31 

•HR 2898 RH

1 cubic feet per second within the time period Ac2 tion IV.2.3 is applicable. 

3 (B) Through restrictions on export pumping 

4 rates as specified by Action IV.2.3, as compared 

5 to a modification of Action IV.2.3 that would 

6 provide additional water supplies, other than 

7 that described in subparagraph (A). 

8 (C) Through San Joaquin River inflow to 

9 export restrictions on export pumping rates spec10 ified within Action IV.2.1, as compared to the 

11 restrictions in the April/May period imposed by 

12 the State Water Resources Control Board deci13 sion D–1641. 

14 (D) Through San Joaquin River inflow to 

15 export restrictions on export pumping rates spec16 ified within Action IV.2.1, as compared to a 

17 modification of Action IV.2.1 that would reduce 

18 water supply impacts of the salmonid biological 

19 opinion on the Central Valley Project and the 

20 California State Water Project, other than that 

21 described in subparagraph (C). 

22 (3) If the Assistant Administrator identifies an 

23 equivalent alternative measure pursuant to para24 graph (2), the Assistant Administrator shall deter25 mine whether— 


SSpencer on DSK3TPTVN1PROD with BILLS
32 

•HR 2898 RH

1 (A) it is technically feasible and within 

2 Federal jurisdiction to implement the equivalent 

3 alternative measure; 

4 (B) the State of California, or subdivision 

5 thereof, or local agency with jurisdiction has cer6 tified in writing within 10 calendar days to the 

7 Assistant Administrator that it has the authority 

8 and capability to implement the pertinent equiv9 alent alternative measure; or 

10 (C) the adverse consequences of doing so are 

11 less than the adverse consequences of the equiva12 lent existing measure, including a concise eval13 uation of the adverse consequences to other af14 fected interests. 

15 (4) If the Assistant Administrator makes the de16 terminations in subparagraph (3)(A) or (3)(B), the 

17 Commissioner shall adjust project operations to im18 plement the equivalent alternative measure in place of 

19 the equivalent existing measure in order to increase 

20 export rates of pumping to the greatest extent possible 

21 while maintaining a net combined effect of equivalent 

22 through-Delta survival rates for the listed salmonid 

23 species. 

24 (h) TRACKING ADVERSE EFFECTS BEYOND THE

25 RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID


SSpencer on DSK3TPTVN1PROD with BILLS
33 

•HR 2898 RH

1 BIOLOGICAL OPINION AND COORDINATED OPERATION WITH

2 THE DELTA SMELT BIOLOGICAL OPINION.— 

3 (1) Among the adjustments to the project oper4 ations considered through the adaptive management 

5 process under this section, the Assistant Adminis6 trator and the Commissioner shall— 

7 (A) evaluate the effects on listed salmonid 

8 species and water supply of the potential adjust9 ment to operational criteria described in sub10 paragraph (B); and 

11 (B) consider requiring that before some or 

12 all of the provisions of Actions IV.2.1. or IV.2.3 

13 are imposed in any specific instance, the Assist14 ant Administrator show that the implementation 

15 of these provisions in that specific instance is 

16 necessary to avoid a significant negative impact 

17 on the long-term survival of a listed salmonid 

18 species. 

19 (2) The Assistant Administrator, the Director, 

20 and the Commissioner, in coordination with State of21 ficials as appropriate, shall establish operational cri22 teria to coordinate management of OMR flows under 

23 the smelt and salmonid biological opinions, in order 

24 to take advantage of opportunities to provide addiVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
34 

•HR 2898 RH

1 tional water supplies from the coordinated implemen2 tation of the biological opinions. 

3 (3) The Assistant Administrator and the Com4 missioner shall document the effects of any adaptive 

5 management decisions related to the coordinated oper6 ation of the smelt and salmonid biological opinions 

7 that prioritizes the maintenance of one species at the 

8 expense of the other. 

9 (i) REAL-TIME MONITORING AND MANAGEMENT.— 

10 Notwithstanding the calendar based triggers described in 

11 the salmonid biological opinion Reasonable and Prudent 

12 Alternative (RPA), the Assistant Administrator and the 

13 Commissioner shall not limit OMR reverse flow to ¥5,000 

14 cubic feet per second unless current monitoring data indi15 cate that this OMR flow limitation is reasonably required 

16 to avoid a significant negative impact on the long-term sur17 vival of a listed salmonid species. 

18 (j) EVALUATION AND IMPLEMENTATION OF MANAGE19 MENT MEASURES.—If the quantitative estimates of 

20 through-Delta survival established by the Secretary for the 

21 adjustments in subsection (b)(2) exceed the through-Delta 

22 survival established for the RPAs, the Secretary shall evalu23 ate and implement the management measures in subsection 

24 (b)(2) as a prerequisite to implementing the RPAs con25 tained in the Salmonid Biological Opinion. 


SSpencer on DSK3TPTVN1PROD with BILLS
35 

•HR 2898 RH

1 (k) ACCORDANCE WITH OTHER LAW.—Consistent with 

2 section 706 of title 5, United States Code, decisions of the 

3 Assistant Administrator and the Commissioner described in 

4 subsections (b) through (j) shall be made in writing, on the 

5 basis of best scientific and commercial data currently avail6 able, and shall include an explanation of the data examined 

7 at the connection between those data and the decisions 

8 made. 

9 SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 

10 ANADROMOUS FISH IN THE STANISLAUS 

11 RIVER. 

12 (a) ESTABLISHMENT OF NONNATIVE PREDATOR FISH

13 REMOVAL PROGRAM.—The Secretary and the districts, in 

14 consultation with the Director, shall jointly develop and 

15 conduct a nonnative predator fish removal program to re16 move nonnative striped bass, smallmouth bass, largemouth 

17 bass, black bass, and other nonnative predator fish species 

18 from the Stanislaus River. The program shall— 

19 (1) be scientifically based; 

20 (2) include methods to quantify the number and 

21 size of predator fish removed each year, the impact of 

22 such removal on the overall abundance of predator 

23 fish, and the impact of such removal on the popu24 lations of juvenile anadromous fish found in the 

25 Stanislaus River by, among other things, evaluating 


SSpencer on DSK3TPTVN1PROD with BILLS
36 

•HR 2898 RH

1 the number of juvenile anadromous fish that migrate 

2 past the rotary screw trap located at Caswell; 

3 (3) among other methods, use wire fyke trapping, 

4 portable resistance board weirs, and boat 

5 electrofishing; and 

6 (4) be implemented as quickly as possible fol7 lowing the issuance of all necessary scientific re8 search. 

9 (b) MANAGEMENT.—The management of the program 

10 shall be the joint responsibility of the Secretary and the dis11 tricts. Such parties shall work collaboratively to ensure the 

12 performance of the program, and shall discuss and agree 

13 upon, among other things, changes in the structure, man14 agement, personnel, techniques, strategy, data collection, re15 porting, and conduct of the program. 

16 (c) CONDUCT.— 

17 (1) IN GENERAL.—By agreement between the 

18 Secretary and the districts, the program may be con19 ducted by their own personnel, qualified private con20 tractors hired by the districts, personnel of, on loan 

21 to, or otherwise assigned to the National Marine Fish22 eries Service, or a combination thereof. 

23 (2) PARTICIPATION BY THE NATIONAL MARINE

24 FISHERIES SERVICE.—If the districts elect to conduct 

25 the program using their own personnel or qualified 


SSpencer on DSK3TPTVN1PROD with BILLS
37 

•HR 2898 RH

1 private contractors hired by them in accordance with 

2 paragraph (1), the Secretary may assign an employee 

3 of, on loan to, or otherwise assigned to the National 

4 Marine Fisheries Service, to be present for all activi5 ties performed in the field. Such presence shall ensure 

6 compliance with the agreed-upon elements specified in 

7 subsection (b). The districts shall pay the cost of such 

8 participation in accordance with subsection (d). 

9 (3) TIMING OF ELECTION.—The districts shall 

10 notify the Secretary of their election on or before Oc11 tober 15 of each calendar year of the program. Such 

12 an election shall apply to the work performed in the 

13 subsequent calendar year. 

14 (d) FUNDING.— 

15 (1) IN GENERAL.—The districts shall be respon16 sible for 100 percent of the cost of the program. 

17 (2) CONTRIBUTED FUNDS.—The Secretary may 

18 accept and use contributions of funds from the dis19 tricts to carry out activities under the program. 

20 (3) ESTIMATION OF COST.—On or before Decem21 ber 1 of each year of the program, the Secretary shall 

22 submit to the districts an estimate of the cost to be 

23 incurred by the National Marine Fisheries Service for 

24 the program in the following calendar year, if any, 

25 including the cost of any data collection and posting 


SSpencer on DSK3TPTVN1PROD with BILLS
38 

•HR 2898 RH

1 under subsection (e). If an amount equal to the esti2 mate is not provided through contributions pursuant 

3 to paragraph (2) before December 31 of that year— 

4 (A) the Secretary shall have no obligation to 

5 conduct the program activities otherwise sched6 uled for such following calendar year until such 

7 amount is contributed by the districts; and 

8 (B) the districts may not conduct any as9 pect of the program until such amount is con10 tributed by the districts. 

11 (4) ACCOUNTING.—On or before September 1 of 

12 each year, the Secretary shall provide to the districts 

13 an accounting of the costs incurred by the Secretary 

14 for the program in the preceding calendar year. If the 

15 amount contributed by the districts pursuant to para16 graph (2) for that year was greater than the costs in17 curred by the Secretary, the Secretary shall— 

18 (A) apply the excess contributions to costs of 

19 activities to be performed by the Secretary under 

20 the program, if any, in the next calendar year; 

21 or 

22 (B) if no such activities are to be per23 formed, repay the excess contribution to the dis24 tricts. 


SSpencer on DSK3TPTVN1PROD with BILLS
39 

•HR 2898 RH

1 (e) POSTING AND EVALUATION.—On or before the 15th 

2 day of each month, the Secretary shall post on the Internet 

3 website of the National Marine Fisheries Service a tabular 

4 summary of the raw data collected under the program in 

5 the preceding month. 

6 (f) IMPLEMENTATION.—The program is hereby found 

7 to be consistent with the requirements of the Central Valley 

8 Project Improvement Act (Public Law 102–575). No provi9 sion, plan or definition established or required by the Cen10 tral Valley Project Improvement Act (Public Law 102–575) 

11 shall be used to prohibit the imposition of the program, or 

12 to prevent the accomplishment of its goals. 

13 (g) TREATMENT OF STRIPED BASS.—For purposes of 

14 the application of the Central Valley Project Improvement 

15 Act (title XXXIV of Public Law 102–575) with respect to 

16 the program, striped bass shall not be treated as anad17 romous fish. 

18 (h) DEFINITION.—For the purposes of this section, the 

19 term ‘‘districts’’ means the Oakdale Irrigation District and 

20 the South San Joaquin Irrigation District, California. 

21 SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED 

22 INVASIVE SPECIES PROGRAM. 

23 (a) IN GENERAL.—Not later than January 1, 2017, 

24 the Secretary of the Interior, in collaboration with the Sec25 retary of Commerce, the Director of the California DepartVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
40 

•HR 2898 RH

1 ment of Fish and Wildlife, and other relevant agencies and 

2 interested parties, shall begin pilot projects to implement 

3 the invasive species control program authorized pursuant 

4 to section 103(d)(6)(A)(iv) of Public Law 108–361 (118 

5 Stat. 1690). 

6 (b) REQUIREMENTS.—The pilot projects shall— 

7 (1) seek to reduce invasive aquatic vegetation, 

8 predators, and other competitors which contribute to 

9 the decline of native listed pelagic and anadromous 

10 species that occupy the Sacramento and San Joaquin 

11 Rivers and their tributaries and the Sacramento-San 

12 Joaquin Bay-Delta; and 

13 (2) remove, reduce, or control the effects of spe14 cies, including Asiatic clams, silversides, gobies, Bra15 zilian water weed, largemouth bass, smallmouth bass, 

16 striped bass, crappie, bluegill, white and channel cat17 fish, and brown bullheads. 

18 (c) SUNSET.—The authorities provided under this sub19 section shall expire seven years after the Secretaries com20 mence implementation of the pilot projects pursuant to sub21 section (a). 

22 (d) EMERGENCY ENVIRONMENTAL REVIEWS.—To ex23 pedite the environmentally beneficial programs for the con24 servation of threatened and endangered species, the Secre25 taries shall consult with the Council on Environmental 


SSpencer on DSK3TPTVN1PROD with BILLS
41 

•HR 2898 RH

1 Quality in accordance with section 1506.11 of title 40, Code 

2 of Federal Regulations (or successor regulations), to develop 

3 alternative arrangements to comply with the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

5 for the projects pursuant to subsection (a). 

6 TITLE III—OPERATIONAL FLEXI7 BILITY AND DROUGHT RELIEF 

8 SEC. 301. DEFINITIONS. 

9 In this title: 

10 (1) CENTRAL VALLEY PROJECT.—The term ‘‘Cen11 tral Valley Project’’ has the meaning given the term 

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

14 (2) RECLAMATION PROJECT.—The term ‘‘Rec15 lamation Project’’ means a project constructed pursu16 ant to the authorities of the reclamation laws and 

17 whose facilities are wholly or partially located in the 

18 State. 

19 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

20 means— 

21 (A) the Secretary of Agriculture; 

22 (B) the Secretary of Commerce; and 

23 (C) the Secretary of the Interior. 

24 (4) STATE WATER PROJECT.—The term ‘‘State 

25 Water Project’’ means the water project described by 


SSpencer on DSK3TPTVN1PROD with BILLS
42 

•HR 2898 RH

1 California Water Code section 11550 et seq. and oper2 ated by the California Department of Water Re3 sources. 

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

5 of California. 

6 SEC. 302. OPERATIONAL FLEXIBILITY IN TIMES OF 

7 DROUGHT. 

8 (a) WATER SUPPLIES.—For the period of time such 

9 that in any year that the Sacramento Valley Index is 6.5 

10 or lower, or at the request of the State of California, and 

11 until two succeeding years following either of those events 

12 have been completed where the final Sacramento Valley 

13 Index is 7.8 or greater, the Secretaries shall provide the 

14 maximum quantity of water supplies practicable to all in15 dividuals or district who receive Central Valley Project 

16 water under water service or repayments contracts, water 

17 rights settlement contracts, exchange contracts, or refuge 

18 contracts or agreements entered into prior to or after the 

19 date of enactment of this title; State Water Project contrac20 tors, and any other tribe, locality, water agency, or munici21 pality in the State, by approving, consistent with applica22 ble laws (including regulations), projects and operations to 

23 provide additional water supplies as quickly as practicable 

24 based on available information to address the emergency 

25 conditions. 


SSpencer on DSK3TPTVN1PROD with BILLS
43 

•HR 2898 RH

1 (b) ADMINISTRATION.—In carrying out subsection (a), 

2 the Secretaries shall, consistent with applicable laws (in3 cluding regulations)— 

4 (1) issue all necessary permit decisions under the 

5 authority of the Secretaries not later than 30 days 

6 after the date on which the Secretaries receive a com7 pleted application from the State to place and use 

8 temporary barriers or operable gates in Delta chan9 nels to improve water quantity and quality for the 

10 State Water Project and the Central Valley Project 

11 south of Delta water contractors and other water 

12 users, on the condition that the barriers or operable 

13 gates— 

14 (A) do not result in a significant negative 

15 impact on the long-term survival of listed species 

16 within the Delta and provide benefits or have a 

17 neutral impact on in-Delta water user water 

18 quality; and 

19 (B) are designed so that formal consulta20 tions under section 7 of the Endangered Species 

21 Act of 1973 (16 U.S.C. 1536) are not necessary; 

22 (2) require the Director of the United States Fish 

23 and Wildlife Service and the Commissioner of Rec24 lamation— 


SSpencer on DSK3TPTVN1PROD with BILLS
44 

•HR 2898 RH

1 (A) to complete, not later than 30 days after 

2 the date on which the Director or the Commis3 sioner receives a complete written request for 

4 water transfer, all requirements under the Na5 tional Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) and the Endangered Species 

7 Act of 1973 (16 U.S.C. 1531 et seq.) necessary to 

8 make final permit decisions on the request; and 

9 (B) to approve any water transfer request 

10 described in subparagraph (A) to maximize the 

11 quantity of water supplies available for non12 habitat uses, on the condition that actions associ13 ated with the water transfer comply with appli14 cable Federal laws (including regulations); 

15 (3) adopt a 1:1 inflow to export ratio, as meas16 ured as a 3-day running average at Vernalis during 

17 the period beginning on April 1, and ending on May 

18 31, absent a determination in writing that a more re19 strictive inflow to export ratio is required to avoid a 

20 significant negative impact on the long-term survival 

21 of a listed salmonid species under the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.); provided 

23 that the 1:1 inflow to export ratio shall apply for the 

24 increment of increased flow of the San Joaquin River 

25 resulting from the voluntary sale, transfers, or exVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
45 

•HR 2898 RH

1 changes of water from agencies with rights to divert 

2 water from the San Joaquin River or its tributaries 

3 and provided that the movement of the acquired, 

4 transferred, or exchanged water through the Delta 

5 consistent with the Central Valley Project’s and the 

6 State Water Project’s permitted water rights and pro7 vided that movement of the Central Valley Project 

8 water is consistent with the requirements of section 

9 3405(a)(1)(H) of the Central Valley Project Improve10 ment Act; and 

11 (4) allow and facilitate, consistent with existing 

12 priorities, water transfers through the C.W. ‘‘Bill’’ 

13 Jones Pumping Plant or the Harvey O. Banks Pump14 ing Plant from April 1 to November 30 provided 

15 water transfers comply with State law, including the 

16 California Environmental Quality Act. 

17 (c) ACCELERATED PROJECT DECISION AND ELE18 VATION.— 

19 (1) IN GENERAL.—On request by the Governor of 

20 the State, the Secretaries shall use the expedited pro21 cedures under this subsection to make final decisions 

22 relating to a Federal project or operation, or to local 

23 or State projects or operations that require decisions 

24 by the Secretary of the Interior or the Secretary of 

25 Commerce to provide additional water supplies if the 


SSpencer on DSK3TPTVN1PROD with BILLS
46 

•HR 2898 RH

1 project’s or operation’s purpose is to provide relief for 

2 emergency drought conditions pursuant to subsections 

3 (a) and (b). 

4 (2) REQUEST FOR RESOLUTION.— 

5 (A) IN GENERAL.—On request by the Gov6 ernor of the State, the Secretaries referenced in 

7 paragraph (1), or the head of another Federal 

8 agency responsible for carrying out a review of 

9 a project, as applicable, the Secretary of the In10 terior shall convene a final project decision meet11 ing with the heads of all relevant Federal agen12 cies to decide whether to approve a project to 

13 provide relief for emergency drought conditions. 

14 (B) MEETING.—The Secretary of the Inte15 rior shall convene a meeting requested under sub16 paragraph (A) not later than 7 days after the 

17 date on which the meeting request is received. 

18 (3) NOTIFICATION.—On receipt of a request for 

19 a meeting under paragraph (2), the Secretary of the 

20 Interior shall notify the heads of all relevant Federal 

21 agencies of the request, including information on the 

22 project to be reviewed and the date of the meeting. 

23 (4) DECISION.—Not later than 10 days after the 

24 date on which a meeting is requested under para25 graph (2), the head of the relevant Federal agency 


SSpencer on DSK3TPTVN1PROD with BILLS
47 

•HR 2898 RH

1 shall issue a final decision on the project, subject to 

2 subsection (e)(2). 

3 (5) MEETING CONVENED BY SECRETARY.—The 

4 Secretary of the Interior may convene a final project 

5 decision meeting under this subsection at any time, at 

6 the discretion of the Secretary, regardless of whether 

7 a meeting is requested under paragraph (2). 

8 (d) APPLICATION.—To the extent that a Federal agen9 cy, other than the agencies headed by the Secretaries, has 

10 a role in approving projects described in subsections (a) and 

11 (b), this section shall apply to those Federal agencies. 

12 (e) LIMITATION.—Nothing in this section authorizes 

13 the Secretaries to approve projects— 

14 (1) that would otherwise require congressional 

15 authorization; or 

16 (2) without following procedures required by ap17 plicable law. 

18 (f) DROUGHT PLAN.—For the period of time such that 

19 in any year that the Sacramento Valley index is 6.5 or 

20 lower, or at the request of the State of California, and until 

21 two succeeding years following either of those events have 

22 been completed where the final Sacramento Valley Index is 

23 7.8 or greater, the Secretaries of Commerce and the Interior, 

24 in consultation with appropriate State officials, shall de25 velop a drought operations plan that is consistent with the 


SSpencer on DSK3TPTVN1PROD with BILLS
48 

•HR 2898 RH

1 provisions of this Act including the provisions that are in2 tended to provide additional water supplies that could be 

3 of assistance during the current drought. 

4 SEC. 303. OPERATION OF CROSS-CHANNEL GATES. 

5 (a) IN GENERAL.—The Secretary of Commerce and the 

6 Secretary of the Interior shall jointly— 

7 (1) authorize and implement activities to ensure 

8 that the Delta Cross Channel Gates remain open to 

9 the maximum extent practicable using findings from 

10 the United States Geological Survey on diurnal be11 havior of juvenile salmonids, timed to maximize the 

12 peak flood tide period and provide water supply and 

13 water quality benefits for the duration of the drought 

14 emergency declaration of the State, and for the period 

15 of time such that in any year that the Sacramento 

16 Valley index is 6.5 or lower, or at the request of the 

17 State of California, and until two succeeding years 

18 following either of those events have been completed 

19 where the final Sacramento Valley Index is 7.8 or 

20 greater, consistent with operational criteria and mon21 itoring criteria set forth into the Order Approving a 

22 Temporary Urgency Change in License and Permit 

23 Terms in Response to Drought Conditions of the Cali24 fornia State Water Resources Control Board, effective 


SSpencer on DSK3TPTVN1PROD with BILLS
49 

•HR 2898 RH

1 January 31, 2014 (or a successor order) and other 

2 authorizations associated with it; 

3 (2) with respect to the operation of the Delta 

4 Cross Channel Gates described in paragraph (1), col5 lect data on the impact of that operation on— 

6 (A) species listed as threatened or endan7 gered under the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 (B) water quality; and 

10 (C) water supply; 

11 (3) collaborate with the California Department 

12 of Water Resources to install a deflection barrier at 

13 Georgiana Slough in coordination with Delta Cross 

14 Channel Gate diurnal operations to protect migrating 

15 salmonids, consistent with knowledge gained from ac16 tivities carried out during 2014 and 2015; 

17 (4) evaluate the combined salmonid survival in 

18 light of activities carried out pursuant to paragraphs 

19 (1) through (3) in deciding how to operate the Delta 

20 Cross Channel gates to enhance salmonid survival 

21 and water supply benefits; and 

22 (5) not later than May 15, 2016, submit to the 

23 appropriate committees of the House of Representa24 tives and the Senate a notice and explanation on the 

25 extent to which the gates are able to remain open. 


SSpencer on DSK3TPTVN1PROD with BILLS
50 

•HR 2898 RH

1 (b) RECOMMENDATIONS.—After assessing the informa2 tion collected under subsection (a), the Secretary of the Inte3 rior shall recommend revisions to the operation of the Delta 

4 Cross-Channel Gates, to the Central Valley Project, and to 

5 the State Water Project, including, if appropriate, any rea6 sonable and prudent alternative contained in the biological 

7 opinion issued by the National Marine Fisheries Service on 

8 June 4, 2009, that are likely to produce water supply bene9 fits without causing a significant negative impact on the 

10 long-term survival of the listed fish species within the Delta 

11 or on water quality. 

12 SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO. 

13 For the period of time such that in any year that the 

14 Sacramento Valley index is 6.5 or lower, or at the request 

15 of the State of California, and until two succeeding years 

16 following either of those events have been completed where 

17 the final Sacramento Valley Index is 7.8 or greater, the 

18 Commissioner of the Bureau of Reclamation shall continue 

19 to vary the averaging period of the Delta Export/Inflow 

20 ratio pursuant to the California State Water Resources 

21 Control Board decision D1641— 

22 (1) to operate to a 35-percent Export/Inflow 

23 ratio with a 3-day averaging period on the rising 

24 limb of a Delta inflow hydrograph; and 


SSpencer on DSK3TPTVN1PROD with BILLS
51 

•HR 2898 RH

1 (2) to operate to a 14-day averaging period on 

2 the falling limb of the Delta inflow hydrograph. 

3 SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS. 

4 (a) NEPA COMPLIANCE.—To minimize the time spent 

5 carrying out environmental reviews and to deliver water 

6 quickly that is needed to address emergency drought condi7 tions in the State during the duration of an emergency 

8 drought declaration, the Secretaries shall, in carrying out 

9 this Act, consult with the Council on Environmental Qual10 ity in accordance with section 1506.11 of title 40, Code of 

11 Federal Regulations (including successor regulations), to 

12 develop alternative arrangements to comply with the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.) during the emergency. 

15 (b) DETERMINATIONS.—For the purposes of this sec16 tion, a Secretary may deem a project to be in compliance 

17 with all necessary environmental regulations and reviews 

18 if the Secretary determines that the immediate implementa19 tion of the project is necessary to address— 

20 (1) human health and safety; or 

21 (2) a specific and imminent loss of agriculture 

22 production upon which an identifiable region depends 

23 for 25 percent or more of its tax revenue used to sup24 port public services including schools, fire or police 


SSpencer on DSK3TPTVN1PROD with BILLS
52 

•HR 2898 RH

1 services, city or county health facilities, unemploy2 ment services or other associated social services. 

3 SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT 

4 OPERATIONS. 

5 The Secretaries shall, consistent with applicable laws 

6 (including regulations)— 

7 (1) in coordination with the California Depart8 ment of Water Resources and the California Depart9 ment of Fish and Wildlife, implement offsite up10 stream projects in the Delta and upstream of the Sac11 ramento River and San Joaquin basins that offset the 

12 effects on species listed as threatened or endangered 

13 under the Endangered Species Act of 1973 (16 U.S.C. 

14 1531 et seq.) due to activities carried out pursuant 

15 this Act, as determined by the Secretaries; 

16 (2) manage reverse flow in the Old and Middle 

17 Rivers at ¥6,100 cubic feet per second if real-time 

18 monitoring indicates that flows of ¥6,100 cubic feet 

19 per second or more negative can be established for 

20 specific periods without causing a significant negative 

21 impact on the long-term survival of the Delta smelt, 

22 or if real-time monitoring does not support flows of 

23 ¥6,100 cubic feet per second than manage OMR 

24 flows at ¥5,000 cubic feet per second subject to sec25 tion 103(e) (3) and (4); and 


SSpencer on DSK3TPTVN1PROD with BILLS
53 

•HR 2898 RH

1 (3) use all available scientific tools to identify 

2 any changes to real-time operations of the Bureau of 

3 Reclamation, State, and local water projects that 

4 could result in the availability of additional water 

5 supplies. 

6 SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR 

7 FIRST FEW STORMS OF THE WATER YEAR. 

8 (a) IN GENERAL.—Consistent with avoiding a signifi9 cant negative impact on the long-term survival in the short 

10 term upon listed fish species beyond the range of those au11 thorized under the Endangered Species Act of 1973 and 

12 other environmental protections under subsection (e), the 

13 Secretaries shall authorize the Central Valley Project and 

14 the State Water Project, combined, to operate at levels that 

15 result in negative OMR flows at ¥7,500 cubic feet per sec16 ond (based on United States Geological Survey gauges on 

17 Old and Middle Rivers) daily average for 56 cumulative 

18 days after October 1 as described in subsection (c). 

19 (b) DAYS OF TEMPORARY OPERATIONAL FLEXI20 BILITY.—The temporary operational flexibility described in 

21 subsection (a) shall be authorized on days that the Cali22 fornia Department of Water Resources determines the daily 

23 average river flow of the Sacramento River is at, or above, 

24 17,000 cubic feet per second as measured at the Sacramento 


SSpencer on DSK3TPTVN1PROD with BILLS
54 

•HR 2898 RH

1 River at Freeport gauge maintained by the United States 

2 Geologic Survey. 

3 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

4 AUTHORIZATIONS.—In carrying out this section, the Secre5 taries may continue to impose any requirements under the 

6 smelt and salmonid biological opinions during any period 

7 of temporary operational flexibility as they determine are 

8 reasonably necessary to avoid an additional significant 

9 negative impacts on the long-term survival of a listed fish 

10 species beyond the range of those authorized under the En11 dangered Species Act of 1973, provided that the require12 ments imposed do not reduce water supplies available for 

13 the Central Valley Project and the State Water Project. 

14 (d) OTHER ENVIRONMENTAL PROTECTIONS.— 

15 (1) STATE LAW.—The Secretaries’ actions under 

16 this section shall be consistent with applicable regu17 latory requirements under State law. 

18 (2) FIRST SEDIMENT FLUSH.—During the first 

19 flush of sediment out of the Delta in each water year, 

20 and provided that such determination is based upon 

21 objective evidence, OMR flow may be managed at 

22 rates less negative than ¥5,000 cubic feet per second 

23 for a minimum duration to avoid movement of adult 

24 Delta smelt (Hypomesus transpacificus) to areas in 

25 the southern Delta that would be likely to increase enVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
55 

•HR 2898 RH

1 trainment at Central Valley Project and State Water 

2 Project pumping plants. 

3 (3) APPLICABILITY OF OPINION.—This section 

4 shall not affect the application of the salmonid bio5 logical opinion from April 1 to May 31, unless the 

6 Secretary of Commerce finds that some or all of such 

7 applicable requirements may be adjusted during this 

8 time period to provide emergency water supply relief 

9 without resulting in additional adverse effects beyond 

10 those authorized under the Endangered Species Act of 

11 1973. In addition to any other actions to benefit 

12 water supply, the Secretary of the Interior and the 

13 Secretary of Commerce shall consider allowing 

14 through-Delta water transfers to occur during this pe15 riod if they can be accomplished consistent with sec16 tion 3405(a)(1)(H) of the Central Valley Project Im17 provement Act. Water transfers solely or exclusively 

18 through the State Water Project are not required to 

19 be consistent with section 3405(a)(1)(H) of the Cen20 tral Valley Project Improvement Act. 

21 (4) MONITORING.—During operations under this 

22 section, the Commissioner of Reclamation, in coordi23 nation with the Fish and Wildlife Service, National 

24 Marine Fisheries Service, and California Department 

25 of Fish and Wildlife, shall undertake a monitoring 


SSpencer on DSK3TPTVN1PROD with BILLS
56 

•HR 2898 RH

1 program and other data gathering to ensure inci2 dental take levels are not exceeded, and to identify po3 tential negative impacts and actions, if any, nec4 essary to mitigate impacts of the temporary oper5 ational flexibility to species listed under the Endan6 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

7 (e) TECHNICAL ADJUSTMENTS TO TARGET PERIOD.— 

8 If, before temporary operational flexibility has been imple9 mented on 56 cumulative days, the Secretaries operate the 

10 Central Valley Project and the State Water Project com11 bined at levels that result in OMR flows less negative than 

12 ¥7,500 cubic feet per second during days of temporary 

13 operational flexibility as defined in subsection (c), the dura14 tion of such operation shall not be counted toward the 56 

15 cumulative days specified in subsection (a). 

16 (f) EMERGENCY CONSULTATION; EFFECT ON RUNNING

17 AVERAGES.— 

18 (1) If necessary to implement the provisions of 

19 this section, the Commissioner is authorized to take 

20 any action necessary to implement this section for up 

21 to 56 cumulative days. If during the 56 cumulative 

22 days the Commissioner determines that actions nec23 essary to implement this section will exceed 56 days, 

24 the Commissioner shall use the emergency consulta25 tion procedures under the Endangered Species Act of 


SSpencer on DSK3TPTVN1PROD with BILLS
57 

•HR 2898 RH

1 1973 and its implementing regulation at section 

2 402.05 of title 50, Code of Federal Regulations, to 

3 temporarily adjust the operating criteria under the 

4 biological opinions— 

5 (A) solely for extending beyond the 56 cu6 mulative days for additional days of temporary 

7 operational flexibility— 

8 (i) no more than necessary to achieve 

9 the purposes of this section consistent with 

10 the environmental protections in subsections 

11 (d) and (e); and 

12 (ii) including, as appropriate, adjust13 ments to ensure that the actual flow rates 

14 during the periods of temporary operational 

15 flexibility do not count toward the 5-day 

16 and 14-day running averages of tidally fil17 tered daily OMR flow requirements under 

18 the biological opinions, or 

19 (B) for other adjustments to operating cri20 teria or to take other urgent actions to address 

21 water supply shortages for the least amount of 

22 time or volume of diversion necessary as deter23 mined by the Commissioner. 

24 (2) Following the conclusion of the 56 cumu25 lative days of temporary operational flexibility, or the 


SSpencer on DSK3TPTVN1PROD with BILLS
58 

•HR 2898 RH

1 extended number of days covered by the emergency 

2 consultation procedures, the Commissioner shall not 

3 reinitiate consultation on these adjusted operations, 

4 and no mitigation shall be required, if the effects on 

5 listed fish species of these operations under this sec6 tion remain within the range of those authorized 

7 under the Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.). If the Commissioner reinitiates con9 sultation, no mitigation measures shall be required. 

10 (g) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.—In 

11 articulating the determinations required under this section, 

12 the Secretaries shall fully satisfy the requirements herein 

13 but shall not be expected to provide a greater level of sup14 porting detail for the analysis than feasible to provide with15 in the short timeframe permitted for timely decisionmaking 

16 in response to changing conditions in the Delta. 

17 SEC. 308. EXPEDITING WATER TRANSFERS. 

18 (a) IN GENERAL.—Section 3405(a) of the Central Val19 ley Project Improvement Act (Public Law 102–575; 106 

20 Stat. 4709(a)) is amended— 

21 (1) by redesignating paragraphs (1) through (3) 

22 as paragraphs (4) through (6), respectively; 

23 (2) in the matter preceding paragraph (4) (as so 

24 designated)— 


SSpencer on DSK3TPTVN1PROD with BILLS
59 

•HR 2898 RH

1 (A) in the first sentence, by striking ‘‘In 

2 order to’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—In order to’’; and 

4 (B) in the second sentence, by striking ‘‘Ex5 cept as provided herein’’ and inserting the fol6 lowing: 

7 ‘‘(3) TERMS.—Except as otherwise provided in 

8 this section’’; 

9 (3) by inserting before paragraph (3) (as so des10 ignated) the following: 

11 ‘‘(2) EXPEDITED TRANSFER OF WATER.—The 

12 Secretary shall take all necessary actions to facilitate 

13 and expedite transfers of Central Valley Project water 

14 in accordance with— 

15 ‘‘(A) this Act; 

16 ‘‘(B) any other applicable provision of the 

17 reclamation laws; and 

18 ‘‘(C) the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

20 (4) in paragraph (4) (as so designated)— 

21 (A) in subparagraph (A), by striking ‘‘to 

22 combination’’ and inserting ‘‘or combination’’; 

23 and 

24 (B) by striking ‘‘3405(a)(2) of this title’’ 

25 each place it appears and inserting ‘‘(5)’’; 


SSpencer on DSK3TPTVN1PROD with BILLS
60 

•HR 2898 RH

1 (5) in paragraph (5) (as so designated), by add2 ing at the end the following: 

3 ‘‘(E) The contracting district from which 

4 the water is coming, the agency, or the Secretary 

5 shall determine if a written transfer proposal is 

6 complete within 45 days after the date of submis7 sion of the proposal. If the contracting district or 

8 agency or the Secretary determines that the pro9 posal is incomplete, the district or agency or the 

10 Secretary shall state with specificity what must 

11 be added to or revised for the proposal to be com12 plete.’’; and 

13 (6) in paragraph (6) (as so designated), by strik14 ing ‘‘3405(a)(1)(A)–(C), (E), (G), (H), (I), (L), and 

15 (M) of this title’’ and inserting ‘‘(A) through (C), (E), 

16 (G), (H), (I), (L), and (M) of paragraph (4)’’. 

17 (b) CONFORMING AMENDMENTS.—The Central Valley 

18 Project Improvement Act (Public Law 102–575) is amend19 ed— 

20 (1) in section 3407(c)(1) (106 Stat. 4726), by 

21 striking ‘‘3405(a)(1)(C)’’ and inserting 

22 ‘‘3405(a)(4)(C)’’; and 

23 (2) in section 3408(i)(1) (106 Stat. 4729), by 

24 striking ‘‘3405(a)(1) (A) and (J) of this title’’ and inVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
61 

•HR 2898 RH

1 serting ‘‘subparagraphs (A) and (J) of section 

2 3405(a)(4)’’. 

3 SEC. 309. ADDITIONAL EMERGENCY CONSULTATION. 

4 For adjustments to operating criteria other than under 

5 section 308 of this Act or to take urgent actions to address 

6 water supply shortages for the least amount of time or vol7 ume of diversion necessary as determined by the Commis8 sioner of Reclamation, no mitigation measures shall be re9 quired during any year that the Sacramento Valley index 

10 is 6.5 or lower, or at the request of the State of California, 

11 and until two succeeding years following either of those 

12 events have been completed where the final Sacramento Val13 ley Index is 7.8 or greater, and any mitigation measures 

14 imposed must be based on quantitative data and required 

15 only to the extent that such data demonstrates actual harm 

16 to species. 

17 SEC. 310. ADDITIONAL STORAGE AT NEW MELONES. 

18 The Commissioner of Reclamation is directed to work 

19 with local water and irrigation districts in the Stanislaus 

20 River Basin to ascertain the water storage made available 

21 by the Draft Plan of Operations in New Melones Reservoir 

22 (DRPO) for water conservation programs, conjunctive use 

23 projects, water transfers, rescheduled project water and 

24 other projects to maximize water storage and ensure the 

25 beneficial use of the water resources in the Stanislaus River 


SSpencer on DSK3TPTVN1PROD with BILLS
62 

•HR 2898 RH

1 Basin. All such programs and projects shall be implemented 

2 according to all applicable laws and regulations. The source 

3 of water for any such storage program at New Melones Res4 ervoir shall be made available under a valid water right, 

5 consistent with the State of California water transfer guide6 lines and any other applicable State water law. The Com7 missioner shall inform the Congress within 18 months set8 ting forth the amount of storage made available by the 

9 DRPO that has been put to use under this program, includ10 ing proposals received by the Commissioner from interested 

11 parties for the purpose of this section. 

12 SEC. 311. REGARDING THE OPERATION OF FOLSOM RES13 ERVOIR. 

14 The Secretary of the Interior, in collaboration with the 

15 Sacramento Water Forum, shall expedite evaluation, com16 pletion and implementation of the Modified Lower Amer17 ican River Flow Management Standard developed by the 

18 Water Forum in 2015 to improve water supply reliability 

19 for Central Valley Project American River water contrac20 tors and resource protection in the lower American River 

21 during consecutive dry-years under current and future de22 mand and climate change conditions. 

23 SEC. 312. APPLICANTS. 

24 In the event that the Bureau of Reclamation or another 

25 Federal agency initiates or reinitiates consultation with the 


SSpencer on DSK3TPTVN1PROD with BILLS
63 

•HR 2898 RH

1 U.S. Fish and Wildlife Service or the National Marine 

2 Fisheries Service under section 7(a)(2) of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1536(a)(2)), with respect 

4 to construction or operation of the Central Valley Project 

5 and State Water Project, or any part thereof, the State 

6 Water Project contractors and the Central Valley Project 

7 contractors will be accorded all the rights and responsibil8 ities extended to applicants in the consultation process. 

9 SEC. 313. SAN JOAQUIN RIVER SETTLEMENT. 

10 (a) CALIFORNIA STATE LAW SATISFIED BY WARM

11 WATER FISHERY.— 

12 (1) IN GENERAL.—Sections 5930 through 5948 of 

13 the California Fish and Game Code, and all applica14 ble Federal laws, including the San Joaquin River 

15 Restoration Settlement Act (Public Law 111–11) and 

16 the Stipulation of Settlement (Natural Resources De17 fense Council, et al. v. Kirk Rodgers, et al., Eastern 

18 District of California, No. Civ. S–88–1658–LKK/ 

19 GGH), shall be satisfied by the existence of a warm 

20 water fishery in the San Joaquin River below Friant 

21 Dam, but upstream of Gravelly Ford. 

22 (2) DEFINITION OF WARM WATER FISHERY.—For 

23 the purposes of this section, the term ‘‘warm water 

24 fishery’’ means a water system that has an environ25 ment suitable for species of fish other than salmon 


SSpencer on DSK3TPTVN1PROD with BILLS
64 

•HR 2898 RH

1 (including all subspecies) and trout (including all 

2 subspecies). 

3 (b) REPEAL OF THE SAN JOAQUIN RIVER SETTLE4 MENT.—As of the date of enactment of this section, the Sec5 retary of the Interior shall cease any action to implement 

6 the San Joaquin River Restoration Settlement Act (subtitle 

7 A of title X of Public Law 111–11) and the Stipulation 

8 of Settlement (Natural Resources Defense Council, et al. v. 

9 Kirk Rodgers, et al., Eastern District of California, No. Civ. 

10 S–88–1658 LKK/GGH). 

11 SEC. 314. PROGRAM FOR WATER RESCHEDULING. 

12 By December 31, 2015, the Secretary of the Interior 

13 shall develop and implement a program, including resched14 uling guidelines for Shasta and Folsom Reservoirs, to allow 

15 existing Central Valley Project agricultural water service 

16 contractors within the Sacramento River Watershed, and 

17 refuge service and municipal and industrial water service 

18 contractors within the Sacramento River Watershed and the 

19 American River Watershed to reschedule water, provided for 

20 under their Central Valley Project contracts, from one year 

21 to the next; provided, that the program is consistent with 

22 existing rescheduling guidelines as utilized by the Bureau 

23 of Reclamation for rescheduling water for Central Valley 

24 Project water service contractors that are located South of 

25 the Delta. 


SSpencer on DSK3TPTVN1PROD with BILLS
65 

•HR 2898 RH

1 TITLE IV—CALFED STORAGE 

2 FEASIBILITY STUDIES 

3 SEC. 401. STUDIES. 

4 The Secretary of the Interior, through the Commis5 sioner of Reclamation, shall— 

6 (1) complete the feasibility studies described in 

7 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 

8 Public Law 108–361 (118 Stat. 1684) and submit 

9 such studies to the appropriate committees of the 

10 House of Representatives and the Senate not later 

11 than December 31, 2015; 

12 (2) complete the feasibility studies described in 

13 clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 

14 Public Law 108–361 and submit such studies to the 

15 appropriate committees of the House of Representa16 tives and the Senate not later than November 30, 

17 2016; 

18 (3) complete the feasibility study described in 

19 section 103(f)(1)(A) of Public Law 108–361 (118 

20 Stat. 1694) and submit such study to the appropriate 

21 Committees of the House of Representatives and the 

22 Senate not later than December 31, 2017; 

23 (4) provide a progress report on the status of the 

24 feasibility studies referred to in paragraphs (1) 

25 through (3) to the appropriate committees of the 


SSpencer on DSK3TPTVN1PROD with BILLS
66 

•HR 2898 RH

1 House of Representatives and the Senate not later 

2 than 90 days after the date of the enactment of this 

3 Act and each 180 days thereafter until December 31, 

4 2017, as applicable. The report shall include timelines 

5 for study completion, draft environmental impact 

6 statements, final environmental impact statements, 

7 and Records of Decision; 

8 (5) in conducting any feasibility study under 

9 this Act, the reclamation laws, the Central Valley 

10 Project Improvement Act (title XXXIV of Public Law 

11 102–575; 106 Stat. 4706), the Fish and Wildlife Co12 ordination Act (16 U.S.C. 661 et seq.), the Endan13 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

14 and other applicable law, for the purposes of deter15 mining feasibility the Secretary shall document, de16 lineate, and publish costs directly relating to the engi17 neering and construction of a water storage project 

18 separately from the costs resulting from regulatory 

19 compliance or the construction of auxiliary facilities 

20 necessary to achieve regulatory compliance; and 

21 (6) communicate, coordinate and cooperate with 

22 public water agencies that contract with the United 

23 States for Central Valley Project water and that are 

24 expected to participate in the cost pools that will be 


SSpencer on DSK3TPTVN1PROD with BILLS
67 

•HR 2898 RH

1 created for the projects proposed in the feasibility 

2 studies under this section. 

3 SEC. 402. TEMPERANCE FLAT. 

4 (a) DEFINITIONS.—For the purposes of this section: 

5 (1) PROJECT.—The term ‘‘Project’’ means the 

6 Temperance Flat Reservoir Project on the Upper San 

7 Joaquin River. 

8 (2) RMP.—The term ‘‘RMP’’ means the docu9 ment titled ‘‘Bakersfield Field Office, Record of Deci10 sion and Approved Resource Management Plan,’’ 

11 dated December 2014. 

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

13 the Secretary of the Interior. 

14 (b) APPLICABILITY OF RMP.—The RMP and findings 

15 related thereto shall have no effect on or applicability to 

16 the Secretary’s determination of feasibility of, or on any 

17 findings or environmental review documents related to— 

18 (1) the Project; or 

19 (2) actions taken by the Secretary pursuant to 

20 section 103(d)(1)(A)(ii)(II) of the Bay-Delta Author21 ization Act (title I of Public Law 108–361). 

22 (c) DUTIES OF SECRETARY UPON DETERMINATION OF

23 FEASIBILITY.—If the Secretary finds the Project to be fea24 sible, the Secretary shall manage the land recommended in 

25 the RMP for designation under the Wild and Scenic Rivers 


SSpencer on DSK3TPTVN1PROD with BILLS
68 

•HR 2898 RH

1 Act (16 U.S.C. 1271 et seq.) in a manner that does not 

2 impede any environmental reviews, preconstruction, con3 struction, or other activities of the Project, regardless of 

4 whether or not the Secretary submits any official rec5 ommendation to Congress under the Wild and Scenic Rivers 

6 Act. 

7 (d) RESERVED WATER RIGHTS.—Effective December 

8 22, 2014, there shall be no Federal reserved water rights 

9 to any segment of the San Joaquin River related to the 

10 Project as a result of any designation made under the Wild 

11 and Scenic Rivers Act (16 U.S.C. 1271 et seq.). 

12 SEC. 403. CALFED STORAGE ACCOUNTABILITY. 

13 If the Secretary of the Interior fails to provide the fea14 sibility studies described in section 401 to the appropriate 

15 committees of the House of Representatives and the Senate 

16 by the times prescribed, the Secretary shall notify each com17 mittee chair individually in person on the status of each 

18 project once a month until the feasibility study for that 

19 project is provided to Congress. 

20 SEC. 404. WATER STORAGE PROJECT CONSTRUCTION. 

21 (a) PARTNERSHIP AND AGREEMENTS.—The Secretary 

22 of the Interior, acting through the Commissioner of the Bu23 reau of Reclamation, may partner or enter into an agree24 ment on the water storage projects identified in section 

25 103(d)(1) of the Water Supply Reliability and EnvironVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
69 

•HR 2898 RH

1 mental Improvement Act (Public Law 108–361) (and Acts 

2 supplemental and amendatory to the Act) with local joint 

3 powers authorities formed pursuant to State law by irriga4 tion districts and other local water districts and local gov5 ernments within the applicable hydrologic region, to ad6 vance those projects. 

7 (b) AUTHORIZATION FOR PROJECT.—If the Secretary 

8 determines a project described in section 402(a)(1) and (2) 

9 is feasible, the Secretary is authorized to carry out the 

10 project in a manner that is substantially in accordance 

11 with the recommended plan, and subject to the conditions 

12 described in the feasibility study, provided that no Federal 

13 funding shall be used to construct the project. 

14 TITLE V—WATER RIGHTS 

15 PROTECTIONS 

16 SEC. 501. OFFSET FOR STATE WATER PROJECT. 

17 (a) IMPLEMENTATION IMPACTS.—The Secretary of the 

18 Interior shall confer with the California Department of Fish 

19 and Wildlife in connection with the implementation of this 

20 Act on potential impacts to any consistency determination 

21 for operations of the State Water Project issued pursuant 

22 to California Fish and Game Code section 2080.1. 

23 (b) ADDITIONAL YIELD.—If, as a result of the applica24 tion of this Act, the California Department of Fish and 

25 Wildlife— 


SSpencer on DSK3TPTVN1PROD with BILLS
70 

•HR 2898 RH

1 (1) revokes the consistency determinations pursu2 ant to California Fish and Game Code section 2080.1 

3 that are applicable to the State Water Project; 

4 (2) amends or issues one or more new consist5 ency determinations pursuant to California Fish and 

6 Game Code section 2080.1 in a manner that directly 

7 or indirectly results in reduced water supply to the 

8 State Water Project as compared with the water sup9 ply available under the smelt biological opinion and 

10 the salmonid biological opinion; or 

11 (3) requires take authorization under California 

12 Fish and Game Code section 2081 for operation of the 

13 State Water Project in a manner that directly or in14 directly results in reduced water supply to the State 

15 Water Project as compared with the water supply 

16 available under the smelt biological opinion and the 

17 salmonid biological opinion, and as a consequence of 

18 the Department’s action, Central Valley Project yield 

19 is greater than it would have been absent the Depart20 ment’s actions, then that additional yield shall be 

21 made available to the State Water Project for delivery 

22 to State Water Project contractors to offset losses re23 sulting from the Department’s action. 

24 (c) NOTIFICATION RELATED TO ENVIRONMENTAL PRO25 TECTIONS.—The Secretary of the Interior shall immediately 


SSpencer on DSK3TPTVN1PROD with BILLS
71 

•HR 2898 RH

1 notify the Director of the California Department of Fish 

2 and Wildlife in writing if the Secretary of the Interior de3 termines that implementation of the smelt biological opin4 ion and the salmonid biological opinion consistent with this 

5 Act reduces environmental protections for any species cov6 ered by the opinions. 

7 SEC. 502. AREA OF ORIGIN PROTECTIONS. 

8 (a) IN GENERAL.—The Secretary of the Interior is di9 rected, in the operation of the Central Valley Project, to ad10 here to California’s water rights laws governing water 

11 rights priorities and to honor water rights senior to those 

12 held by the United States for operation of the Central Valley 

13 Project, regardless of the source of priority, including any 

14 appropriative water rights initiated prior to December 19, 

15 1914, as well as water rights and other priorities perfected 

16 or to be perfected pursuant to California Water Code Part 

17 2 of Division 2. Article 1.7 (commencing with section 1215 

18 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 

19 11128, 11460, 11461, 11462, and 11463, and sections 12200 

20 to 12220, inclusive). 

21 (b) DIVERSIONS.—Any action undertaken by the Sec22 retary of the Interior and the Secretary of Commerce pursu23 ant to both this Act and section 7 of the Endangered Species 

24 Act of 1973 (16 U.S.C. 1531 et seq.) that requires that di25 versions from the Sacramento River or the San Joaquin 


SSpencer on DSK3TPTVN1PROD with BILLS
72 

•HR 2898 RH

1 River watersheds upstream of the Delta be bypassed shall 

2 not be undertaken in a manner that alters the water rights 

3 priorities established by California law. 

4 (c) ENDANGERED SPECIES ACT.—Nothing in this title 

5 alters the existing authorities provided to and obligations 

6 placed upon the Federal Government under the Endangered 

7 Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended. 

8 (d) CONTRACTS.—With respect to individuals and en9 tities with water rights on the Sacramento River, the man10 dates of this section may be met, in whole or in part, 

11 through a contract with the Secretary of the Interior exe12 cuted pursuant to section 14 of Public Law 76–260; 53 

13 Stat. 1187 (43 U.S.C. 389) that is in conformance with 

14 the Sacramento River Settlement Contracts renewed by the 

15 Secretary of the Interior in 2005. 

16 SEC. 503. NO REDIRECTED ADVERSE IMPACTS. 

17 (a) IN GENERAL.—The Secretary of the Interior shall 

18 ensure that, except as otherwise provided for in a water 

19 service or repayment contract, actions taken in compliance 

20 with legal obligations imposed pursuant to or as a result 

21 of this Act, including such actions under section 7 of the 

22 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

23 and other applicable Federal and State laws, shall not di24 rectly or indirectly— 


SSpencer on DSK3TPTVN1PROD with BILLS
73 

•HR 2898 RH

1 (1) result in the involuntary reduction of water 

2 supply or fiscal impacts to individuals or districts 

3 who receive water from either the State Water Project 

4 or the United States under water rights settlement 

5 contracts, exchange contracts, water service contracts, 

6 repayment contracts, or water supply contracts; or 

7 (2) cause redirected adverse water supply or fis8 cal impacts to those within the Sacramento River wa9 tershed, the San Joaquin River watershed or the State 

10 Water Project service area. 

11 (b) COSTS.—To the extent that costs are incurred sole12 ly pursuant to or as a result of this Act and would not 

13 otherwise have been incurred by any entity or public or 

14 local agency or subdivision of the State of California, such 

15 costs shall not be borne by any such entity, agency, or sub16 division of the State of California, unless such costs are in17 curred on a voluntary basis. 

18 (c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR

19 AMENDED.—Nothing in this Act shall modify or amend the 

20 rights and obligations of the parties to any existing— 

21 (1) water service, repayment, settlement, pur22 chase, or exchange contract with the United States, 

23 including the obligation to satisfy exchange contracts 

24 and settlement contracts prior to the allocation of any 

25 other Central Valley Project water; or 


SSpencer on DSK3TPTVN1PROD with BILLS
74 

•HR 2898 RH

1 (2) State Water Project water supply or settle2 ment contract with the State. 

3 SEC. 504. ALLOCATIONS FOR SACRAMENTO VALLEY CON4 TRACTORS. 

5 (a) ALLOCATIONS.— 

6 (1) IN GENERAL.—Subject to paragraph (2) and 

7 subsection (b), the Secretary of the Interior is di8 rected, in the operation of the Central Valley Project, 

9 to allocate water provided for irrigation purposes to 

10 existing Central Valley Project agricultural water 

11 service contractors within the Sacramento River Wa12 tershed in compliance with the following: 

13 (A) Not less than 100 percent of their con14 tract quantities in a ‘‘Wet’’ year. 

15 (B) Not less than 100 percent of their con16 tract quantities in an ‘‘Above Normal’’ year. 

17 (C) Not less than 100 percent of their con18 tract quantities in a ‘‘Below Normal’’ year that 

19 is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 

20 year. 

21 (D) Not less than 50 percent of their con22 tract quantities in a ‘‘Dry’’ year that is preceded 

23 by a ‘‘Below Normal,’’ an ‘‘Above Normal,’’ or a 

24 ‘‘Wet’’ year. 


SSpencer on DSK3TPTVN1PROD with BILLS
75 

•HR 2898 RH

1 (E) In all other years not identified herein, 

2 the allocation percentage for existing Central 

3 Valley Project agricultural water service contrac4 tors within the Sacramento River Watershed 

5 shall not be less than twice the allocation per6 centage to south-of-Delta Central Valley Project 

7 agricultural water service contractors, up to 100 

8 percent; provided, that nothing herein shall pre9 clude an allocation to existing Central Valley 

10 Project agricultural water service contractors 

11 within the Sacramento River Watershed that is 

12 greater than twice the allocation percentage to 

13 south-of-Delta Central Valley Project agricul14 tural water service contractors. 

15 (2) CONDITIONS.—The Secretary’s actions under 

16 paragraph (a) shall be subject to— 

17 (A) the priority of individuals or entities 

18 with Sacramento River water rights, including 

19 those with Sacramento River Settlement Con20 tracts, that have priority to the diversion and 

21 use of Sacramento River water over water rights 

22 held by the United States for operations of the 

23 Central Valley Project; 


SSpencer on DSK3TPTVN1PROD with BILLS
76 

•HR 2898 RH

1 (B) the United States obligation to make a 

2 substitute supply of water available to the San 

3 Joaquin River Exchange Contractors; and 

4 (C) the Secretary’s obligation to make water 

5 available to managed wetlands pursuant to sec6 tion 3406(d) of the Central Valley Project Im7 provement Act (Public Law 102–575). 

8 (b) PROTECTION OF MUNICIPAL AND INDUSTRIAL SUP9 PLIES.—Nothing in subsection (a) shall be deemed to— 

10 (1) modify any provision of a water service con11 tract that addresses municipal and industrial water 

12 shortage policies of the Secretary; 

13 (2) affect or limit the authority of the Secretary 

14 to adopt or modify municipal and industrial water 

15 shortage policies; 

16 (3) affect or limit the authority of the Secretary 

17 to implement municipal and industrial water short18 age policies; or 

19 (4) affect allocations to Central Valley Project 

20 municipal and industrial contractors pursuant to 

21 such policies. 

22 Neither subsection (a) nor the Secretary’s implementation 

23 of subsection (a) shall constrain, govern or affect, directly, 

24 the operations of the Central Valley Project’s American 


SSpencer on DSK3TPTVN1PROD with BILLS
77 

•HR 2898 RH

1 River Division or any deliveries from that Division, its 

2 units or facilities. 

3 (c) NO EFFECT ON ALLOCATIONS.—This section shall 

4 not— 

5 (1) affect the allocation of water to Friant Divi6 sion contractors; or 

7 (2) result in the involuntary reduction in con8 tract water allocations to individuals or entities with 

9 contracts to receive water from the Friant Division. 

10 (d) PROGRAM FOR WATER RESCHEDULING.—The Sec11 retary of the Interior shall develop and implement a pro12 gram, not later than 1 year after the date of the enactment 

13 of this Act, to provide for the opportunity for existing Cen14 tral Valley Project agricultural water service contractors 

15 within the Sacramento River Watershed to reschedule 

16 water, provided for under their Central Valley Project water 

17 service contracts, from one year to the next. 

18 (e) DEFINITIONS.—In this section: 

19 (1) The term ‘‘existing Central Valley Project ag20 ricultural water service contractors within the Sac21 ramento River Watershed’’ means water service con22 tractors within the Shasta, Trinity, and Sacramento 

23 River Divisions of the Central Valley Project, that 

24 have a water service contract in effect, on the date of 


SSpencer on DSK3TPTVN1PROD with BILLS
78 

•HR 2898 RH

1 the enactment of this section, that provides water for 

2 irrigation. 

3 (2) The year type terms used in subsection (a) 

4 have the meaning given those year types in the Sac5 ramento Valley Water Year Type (40–30–30) Index. 

6 SEC. 505. EFFECT ON EXISTING OBLIGATIONS. 

7 Nothing in this Act preempts or modifies any existing 

8 obligation of the United States under Federal reclamation 

9 law to operate the Central Valley Project in conformity with 

10 State law, including established water rights priorities. 

11 TITLE VI—MISCELLANEOUS 

12 SEC. 601. AUTHORIZED SERVICE AREA. 

13 (a) IN GENERAL.—The authorized service area of the 

14 Central Valley Project authorized under the Central Valley 

15 Project Improvement Act (Public Law 102–575; 106 Stat. 

16 4706) shall include the area within the boundaries of the 

17 Kettleman City Community Services District, California, 

18 as in existence on the date of enactment of this Act. 

19 (b) LONG-TERM CONTRACT.— 

20 (1) IN GENERAL.—Notwithstanding the Central 

21 Valley Project Improvement Act (Public Law 102– 

22 575; 106 Stat. 4706) and subject to paragraph (2), 

23 the Secretary of the Interior, in accordance with the 

24 Federal reclamation laws, shall enter into a long-term 

25 contract with the Kettleman City Community ServVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
79 

•HR 2898 RH

1 ices District, California, under terms and conditions 

2 mutually agreeable to the parties, for the delivery of 

3 up to 900 acre-feet of Central Valley Project water for 

4 municipal and industrial use. 

5 (2) LIMITATION.—Central Valley Project water 

6 deliveries authorized under the contract entered into 

7 under paragraph (1) shall be limited to the minimal 

8 quantity necessary to meet the immediate needs of the 

9 Kettleman City Community Services District, Cali10 fornia, in the event that local supplies or State Water 

11 Project allocations are insufficient to meet those 

12 needs. 

13 (c) PERMIT.—The Secretary shall apply for a permit 

14 with the State for a joint place of use for water deliveries 

15 authorized under the contract entered into under subsection 

16 (b) with respect to the expanded service area under sub17 section (a), consistent with State law. 

18 (d) ADDITIONAL COSTS.—If any additional infra19 structure, water treatment, or related costs are needed to 

20 implement this section, those costs shall be the responsibility 

21 of the non-Federal entity. 

22 SEC. 602. OVERSIGHT BOARD FOR RESTORATION FUND. 

23 (a) PLAN; ADVISORY BOARD.—Section 3407 of the 

24 Central Valley Project Improvement Act (Public Law 102– 


SSpencer on DSK3TPTVN1PROD with BILLS
80 

•HR 2898 RH

1 575; 106 Stat. 4726) is amended by adding at the end the 

2 following: 

3 ‘‘(g) PLAN ON EXPENDITURE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—For each fiscal year, the Sec5 retary, in consultation with the Advisory Board, shall 

6 submit to Congress a plan for the expenditure of all 

7 of the funds deposited into the Restoration Fund dur8 ing the preceding fiscal year. 

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

10 analysis of the cost-effectiveness of each expenditure. 

11 ‘‘(h) ADVISORY BOARD.— 

12 ‘‘(1) ESTABLISHMENT.—There is established the 

13 Restoration Fund Advisory Board (referred to in this 

14 section as the ‘Advisory Board’), which shall be com15 posed of 11 members appointed by the Secretary. 

16 ‘‘(2) MEMBERSHIP.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall ap18 point members to the Advisory Board that rep19 resent the various Central Valley Project stake20 holders, of whom— 

21 ‘‘(i) 4 members shall be agricultural 

22 users of the Central Valley Project, includ23 ing at least one agricultural user from 

24 north-of-the-Delta and one agricultural user 

25 from south-of-the-Delta; 


SSpencer on DSK3TPTVN1PROD with BILLS
81 

•HR 2898 RH

1 ‘‘(ii) 2 members shall be municipal 

2 and industrial users of the Central Valley 

3 Project, including one municipal and in4 dustrial user from north-of-the-Delta and 

5 one municipal and industrial user from 

6 south-of-the-Delta; 

7 ‘‘(iii) 3 members shall be power con8 tractors of the Central Valley Project, in9 cluding at least one power contractor from 

10 north-of-the-Delta and from south-of-the11 Delta; 

12 ‘‘(iv) 1 member shall be a representa13 tive of a Federal national wildlife refuge 

14 that contracts for Central Valley Project 

15 water supplies with the Bureau of Reclama16 tion; and 

17 ‘‘(v) 1 member shall have expertise in 

18 the economic impacts of the changes to 

19 water operations. 

20 ‘‘(B) OBSERVER.—The Secretary and the 

21 Secretary of Commerce may each designate a 

22 representative to act as an observer of the Advi23 sory Board. 


SSpencer on DSK3TPTVN1PROD with BILLS
82 

•HR 2898 RH

1 ‘‘(C) CHAIR.—The Secretary shall appoint 

2 1 of the members described in subparagraph (A) 

3 to serve as Chair of the Advisory Board. 

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

5 Advisory Board shall be 4 years. 

6 ‘‘(4) DATE OF APPOINTMENTS.—The appoint7 ment of a member of the Panel shall be made not 

8 later than— 

9 ‘‘(A) the date that is 120 days after the date 

10 of enactment of this Act; or 

11 ‘‘(B) in the case of a vacancy on the Panel 

12 described in subsection (c)(2), the date that is 

13 120 days after the date on which the vacancy oc14 curs. 

15 ‘‘(5) VACANCIES.— 

16 ‘‘(A) IN GENERAL.—A vacancy on the Panel 

17 shall be filled in the manner in which the origi18 nal appointment was made and shall be subject 

19 to any conditions that applied with respect to 

20 the original appointment. 

21 ‘‘(B) FILLING UNEXPIRED TERM.—An indi22 vidual chosen to fill a vacancy shall be ap23 pointed for the unexpired term of the member re24 placed. 


SSpencer on DSK3TPTVN1PROD with BILLS
83 

•HR 2898 RH

1 ‘‘(C) EXPIRATION OF TERMS.—The term of 

2 any member shall not expire before the date on 

3 which the successor of the member takes office. 

4 ‘‘(6) REMOVAL.—A member of the Panel may be 

5 removed from office by the Secretary of the Interior. 

6 ‘‘(7) FEDERAL ADVISORY COMMITTEE ACT.—The 

7 Panel shall not be subject to the requirements of the 

8 Federal Advisory Committee Act. 

9 ‘‘(8) DUTIES.—The duties of the Advisory Board 

10 are— 

11 ‘‘(A) to meet not less frequently than semi12 annually to develop and make recommendations 

13 to the Secretary regarding priorities and spend14 ing levels on projects and programs carried out 

15 under this title; 

16 ‘‘(B) to ensure that any advice given or rec17 ommendation made by the Advisory Board re18 flects the independent judgment of the Advisory 

19 Board; 

20 ‘‘(C) not later than December 31, 2015, and 

21 annually thereafter, to submit to the Secretary 

22 and Congress the recommendations under sub23 paragraph (A); and 

24 ‘‘(D) not later than December 31, 2015, and 

25 biennially thereafter, to submit to Congress deVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
84 

•HR 2898 RH

1 tails of the progress made in achieving the ac2 tions required under section 3406. 

3 ‘‘(9) ADMINISTRATION.—With the consent of the 

4 appropriate agency head, the Advisory Board may 

5 use the facilities and services of any Federal agency. 

6 ‘‘(10) COOPERATION AND ASSISTANCE.— 

7 ‘‘(A) PROVISION OF INFORMATION.—Upon 

8 request of the Panel Chair for information or as9 sistance to facilitate carrying out this section, 

10 the Secretary of the Interior shall promptly pro11 vide such information, unless otherwise prohib12 ited by law. 

13 ‘‘(B) SPACE AND ASSISTANCE.—The Sec14 retary of the Interior shall provide the Panel 

15 with appropriate and adequate office space, to16 gether with such equipment, office supplies, and 

17 communications facilities and services as may be 

18 necessary for the operation of the Panel, and 

19 shall provide necessary maintenance services for 

20 such offices and the equipment and facilities lo21 cated therein.’’. 

22 SEC. 603. WATER SUPPLY ACCOUNTING. 

23 (a) IN GENERAL.—All Central Valley Project water, 

24 except Central Valley Project water released pursuant to 

25 U.S. Department of the Interior Record of Decision, Trinity 


SSpencer on DSK3TPTVN1PROD with BILLS
85 

•HR 2898 RH

1 River Mainstem Fishery Restoration Final Environmental 

2 Impact Statement/Environmental Impact Report dated De3 cember 2000 used to implement an action undertaken for 

4 a fishery beneficial purpose that was not imposed by terms 

5 and conditions existing in licenses, permits, and other 

6 agreements pertaining to the Central Valley Project under 

7 applicable State or Federal law existing on October 30, 

8 1992, shall be credited to the quantity of Central Valley 

9 Project yield dedicated and managed under this section; 

10 provided, that nothing herein shall affect the Secretary of 

11 the Interior’s duty to comply with any otherwise lawful re12 quirement imposed on operations of the Central Valley 

13 Project under any provision of Federal or State law. 

14 (b) RECLAMATION POLICIES AND ALLOCATIONS.—Rec15 lamation policies and allocations shall not be based upon 

16 any premise or assumption that Central Valley Project con17 tract supplies are supplemental or secondary to any other 

18 contractor source of supply. 

19 SEC. 604. IMPLEMENTATION OF WATER REPLACEMENT 

20 PLAN. 

21 (a) IN GENERAL.—Not later than October 1, 2016, the 

22 Secretary of the Interior shall update and implement the 

23 plan required by section 3408(j) of title XXXIV of Public 

24 Law 102–575. The Secretary shall notify the Congress an25 nually describing the progress of implementing the plan reVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
86 

•HR 2898 RH

1 quired by section 3408(j) of title XXXIV of Public Law 

2 102–575. 

3 (b) POTENTIAL AMENDMENT.—If the plan required in 

4 subsection (a) has not increased the Central Valley Project 

5 yield by 800,000 acre-feet within 5 years after the enact6 ment of this Act, then section 3406 of the Central Valley 

7 Project Improvement Act (title XXXIV of Public Law 102– 

8 575) is amended as follows: 

9 (1) In subsection (b)— 

10 (A) by amending paragraph (2)(C) to read: 

11 ‘‘(C) If by March 15, 2021, and any year 

12 thereafter the quantity of Central Valley Project 

13 water forecasted to be made available to all 

14 water service or repayment contractors of the 

15 Central Valley Project is below 50 percent of the 

16 total quantity of water to be made available 

17 under said contracts, the quantity of Central 

18 Valley Project yield dedicated and managed for 

19 that year under this paragraph shall be reduced 

20 by 25 percent.’’. 

21 SEC. 605. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 

22 After the date of the enactment of this title, and regard23 less of the date of listing, the Secretaries of the Interior and 

24 Commerce shall not distinguish between natural-spawned 

25 and hatchery-spawned or otherwise artificially propagated 


SSpencer on DSK3TPTVN1PROD with BILLS
87 

•HR 2898 RH

1 strains of a species in making any determination under the 

2 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

3 that relates to any anadromous or pelagic fish species that 

4 resides for all or a portion of its life in the Sacramento5 San Joaquin Delta or rivers tributary thereto. 

6 SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL 

7 VALLEY PROJECT TO INTERESTED PRO8 VIDERS. 

9 (a) DEFINITIONS.—For the purposes of this section, the 

10 following terms apply: 

11 (1) INTERESTED LOCAL WATER AND POWER PRO12 VIDERS.—The term ‘‘interested local water and power 

13 providers’’ includes the Calaveras County Water Dis14 trict, Calaveras Public Power Agency, Central San 

15 Joaquin Water Conservation District, Oakdale Irriga16 tion District, Stockton East Water District, South 

17 San Joaquin Irrigation District, Tuolumne Utilities 

18 District, Tuolumne Public Power Agency, and Union 

19 Public Utilities District. 

20 (2) NEW MELONES UNIT, CENTRAL VALLEY

21 PROJECT.—The term ‘‘New Melones Unit, Central 

22 Valley Project’’ means all Federal reclamation 

23 projects located within or diverting water from or to 

24 the watershed of the Stanislaus and San Joaquin riv25 ers and their tributaries as authorized by the Act of 


SSpencer on DSK3TPTVN1PROD with BILLS
88 

•HR 2898 RH

1 August 26, 1937 (50 Stat. 850), and all Acts amend2 atory or supplemental thereto, including the Act of 

3 October 23, 1962 (76 Stat. 1173). 

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

5 the Secretary of the Interior. 

6 (b) NEGOTIATIONS.—Notwithstanding any other pro7 vision of law, not later than 180 days after the date of the 

8 enactment of this Act, the Secretary shall enter into negotia9 tions with interested local water and power providers for 

10 the transfer ownership, control, and operation of the New 

11 Melones Unit, Central Valley Project to interested local 

12 water and power providers within the State of California. 

13 (c) TRANSFER.—The Secretary shall transfer the New 

14 Melones Unit, Central Valley Project in accordance with an 

15 agreement reached pursuant to negotiations conducted 

16 under subsection (b). 

17 (d) NOTIFICATION.—Not later than 360 days after the 

18 date of the enactment of this Act, and every 6 months there19 after, the Secretary shall notify the appropriate committees 

20 of the House of Representatives and the Senate— 

21 (1) if an agreement is reached pursuant to nego22 tiations conducted under subsection (b), the terms of 

23 that agreement; 

24 (2) of the status of formal discussions with inter25 ested local water and power providers for the transfer 


SSpencer on DSK3TPTVN1PROD with BILLS
89 

•HR 2898 RH

1 of ownership, control, and operation of the New 

2 Melones Unit, Central Valley Project to interested 

3 local water and power providers; 

4 (3) of all unresolved issues that are preventing 

5 execution of an agreement for the transfer of owner6 ship, control, and operation of the New Melones Unit, 

7 Central Valley Project to interested local water and 

8 power providers; 

9 (4) on analysis and review of studies, reports, 

10 discussions, hearing transcripts, negotiations, and 

11 other information about past and present formal dis12 cussions that— 

13 (A) have a serious impact on the progress of 

14 the formal discussions; 

15 (B) explain or provide information about 

16 the issues that prevent progress or finalization of 

17 formal discussions; or 

18 (C) are, in whole or in part, preventing exe19 cution of an agreement for the transfer; and 

20 (5) of any actions the Secretary recommends that 

21 the United States should take to finalize an agreement 

22 for that transfer. 

23 SEC. 607. BASIN STUDIES. 

24 (a) AUTHORIZED STUDIES.—The Secretary of the In25 terior is authorized and directed to expand opportunities 


SSpencer on DSK3TPTVN1PROD with BILLS
90 

•HR 2898 RH

1 and expedite completion of assessments under section 

2 9503(b) of the SECURE Water Act (42 U.S.C. 10363(b)), 

3 with non-Federal partners, of individual sub-basins and 

4 watersheds within major Reclamation river basins; and 

5 shall ensure timely decision and expedited implementation 

6 of adaptation and mitigation strategies developed through 

7 the special study process. 

8 (b) FUNDING.— 

9 (1) IN GENERAL.—The non-Federal partners 

10 shall be responsible for 100 percent of the cost of the 

11 special studies. 

12 (2) CONTRIBUTED FUNDS.—The Secretary may 

13 accept and use contributions of funds from the non14 Federal partners to carry out activities under the spe15 cial studies. 

16 SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION. 

17 The Secretary of the Interior, in the operation of the 

18 Trinity River Division of the Central Valley Project, shall 

19 not make releases from Lewiston Dam in excess of the vol20 ume for each water-year type required by the U.S. Depart21 ment of the Interior Record of Decision, Trinity River 

22 Mainstem Fishery Restoration Final Environmental Im23 pact Statement/Environmental Impact Report dated De24 cember 2000. 


SSpencer on DSK3TPTVN1PROD with BILLS
91 

•HR 2898 RH

1 (1) A maximum of 369,000 acre-feet in a ‘‘Criti2 cally Dry’’ year. 

3 (2) A maximum of 453,000 acre-feet in a ‘‘Dry’’ 

4 year. 

5 (3) A maximum of 647,000 acre-feet in a ‘‘Nor6 mal’’ year. 

7 (4) A maximum of 701,000 acre-feet in a ‘‘Wet’’ 

8 year. 

9 (5) A maximum of 815,000 acre-feet in an ‘‘Ex10 tremely Wet’’ year. 

11 SEC. 609. AMENDMENT TO PURPOSES. 

12 Section 3402 of the Central Valley Project Improve13 ment Act (106 Stat. 4706) is amended— 

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

15 end; and 

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

17 ‘‘(g) to ensure that water dedicated to fish and wildlife 

18 purposes by this title is replaced and provided to Central 

19 Valley Project water contractors by December 31, 2018, at 

20 the lowest cost reasonably achievable; and 

21 ‘‘(h) to facilitate and expedite water transfers in ac22 cordance with this Act.’’. 

23 SEC. 610. AMENDMENT TO DEFINITION. 

24 Section 3403 of the Central Valley Project Improve25 ment Act (106 Stat. 4707) is amended— 


SSpencer on DSK3TPTVN1PROD with BILLS
92 

•HR 2898 RH

1 (1) by amending subsection (a) to read as fol2 lows: 

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

4 stocks of salmon (including steelhead) and sturgeon that, 

5 as of October 30, 1992, were present in the Sacramento and 

6 San Joaquin Rivers and their tributaries and ascend those 

7 rivers and their tributaries to reproduce after maturing in 

8 San Francisco Bay or the Pacific Ocean;’’; 

9 (2) in subsection (l), by striking ‘‘and,’’; 

10 (3) in subsection (m), by striking the period and 

11 inserting ‘‘; and’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(n) the term ‘reasonable flow’ means water flows ca14 pable of being maintained taking into account competing 

15 consumptive uses of water and economic, environmental, 

16 and social factors.’’. 

17 TITLE VII—WATER SUPPLY 

18 PERMITTING ACT 

19 SEC. 701. SHORT TITLE. 

20 This title may be cited as the ‘‘Water Supply Permit21 ting Coordination Act’’. 

22 SEC. 702. DEFINITIONS. 

23 In this title: 

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

25 the Secretary of the Interior. 


SSpencer on DSK3TPTVN1PROD with BILLS
93 

•HR 2898 RH

1 (2) BUREAU.—The term ‘‘Bureau’’ means the 

2 Bureau of Reclamation. 

3 (3) QUALIFYING PROJECTS.—The term ‘‘quali4 fying projects’’ means new surface water storage 

5 projects in the States covered under the Act of June 

6 17, 1902 (32 Stat. 388, chapter 1093), and Acts sup7 plemental to and amendatory of that Act (43 U.S.C. 

8 371 et seq.) constructed on lands administered by the 

9 Department of the Interior or the Department of Ag10 riculture, exclusive of any easement, right-of-way, 

11 lease, or any private holding. 

12 (4) COOPERATING AGENCIES.—The term ‘‘cooper13 ating agency’’ means a Federal agency with jurisdic14 tion over a review, analysis, opinion, statement, per15 mit, license, or other approval or decision required for 

16 a qualifying project under applicable Federal laws 

17 and regulations, or a State agency subject to section 

18 703(c). 

19 SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPER20 ATING AGENCIES. 

21 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bureau 

22 of Reclamation is established as the lead agency for pur23 poses of coordinating all reviews, analyses, opinions, state24 ments, permits, licenses, or other approvals or decisions re25 quired under Federal law to construct qualifying projects. 


SSpencer on DSK3TPTVN1PROD with BILLS
94 

•HR 2898 RH

1 (b) IDENTIFICATION AND ESTABLISHMENT OF CO2 OPERATING AGENCIES.—The Commissioner of the Bureau 

3 shall— 

4 (1) identify, as early as practicable upon receipt 

5 of an application for a qualifying project, any Fed6 eral agency that may have jurisdiction over a review, 

7 analysis, opinion, statement, permit, license, ap8 proval, or decision required for a qualifying project 

9 under applicable Federal laws and regulations; and 

10 (2) notify any such agency, within a reasonable 

11 timeframe, that the agency has been designated as a 

12 cooperating agency in regards to the qualifying 

13 project unless that agency responds to the Bureau in 

14 writing, within a timeframe set forth by the Bureau, 

15 notifying the Bureau that the agency— 

16 (A) has no jurisdiction or authority with 

17 respect to the qualifying project; 

18 (B) has no expertise or information relevant 

19 to the qualifying project or any review, analysis, 

20 opinion, statement, permit, license, or other ap21 proval or decision associated therewith; or 

22 (C) does not intend to submit comments on 

23 the qualifying project or conduct any review of 

24 such a project or make any decision with respect 


SSpencer on DSK3TPTVN1PROD with BILLS
95 

•HR 2898 RH

1 to such project in a manner other than in co2 operation with the Bureau. 

3 (c) STATE AUTHORITY.—A State in which a quali4 fying project is being considered may choose, consistent 

5 with State law— 

6 (1) to participate as a cooperating agency; and 

7 (2) to make subject to the processes of this title 

8 all State agencies that— 

9 (A) have jurisdiction over the qualifying 

10 project; 

11 (B) are required to conduct or issue a re12 view, analysis, or opinion for the qualifying 

13 project; or 

14 (C) are required to make a determination 

15 on issuing a permit, license, or approval for the 

16 qualifying project. 

17 SEC. 704. BUREAU RESPONSIBILITIES. 

18 (a) IN GENERAL.—The principal responsibilities of the 

19 Bureau under this title are to— 

20 (1) serve as the point of contact for applicants, 

21 State agencies, Indian tribes, and others regarding 

22 proposed qualifying projects; 

23 (2) coordinate preparation of unified environ24 mental documentation that will serve as the basis for 


SSpencer on DSK3TPTVN1PROD with BILLS
96 

•HR 2898 RH

1 all Federal decisions necessary to authorize the use of 

2 Federal lands for qualifying projects; and 

3 (3) coordinate all Federal agency reviews nec4 essary for project development and construction of 

5 qualifying projects. 

6 (b) COORDINATION PROCESS.—The Bureau shall have 

7 the following coordination responsibilities: 

8 (1) PRE-APPLICATION COORDINATION.—Notify 

9 cooperating agencies of proposed qualifying projects 

10 not later than 30 days after receipt of a proposal and 

11 facilitate a preapplication meeting for prospective ap12 plicants, relevant Federal and State agencies, and In13 dian tribes to— 

14 (A) explain applicable processes, data re15 quirements, and applicant submissions necessary 

16 to complete the required Federal agency reviews 

17 within the timeframe established; and 

18 (B) establish the schedule for the qualifying 

19 project. 

20 (2) CONSULTATION WITH COOPERATING AGEN21 CIES.—Consult with the cooperating agencies through22 out the Federal agency review process, identify and 

23 obtain relevant data in a timely manner, and set nec24 essary deadlines for cooperating agencies. 


SSpencer on DSK3TPTVN1PROD with BILLS
97 

•HR 2898 RH

1 (3) SCHEDULE.—Work with the qualifying 

2 project applicant and cooperating agencies to estab3 lish a project schedule. In establishing the schedule, 

4 the Bureau shall consider, among other factors— 

5 (A) the responsibilities of cooperating agen6 cies under applicable laws and regulations; 

7 (B) the resources available to the cooper8 ating agencies and the non-Federal qualifying 

9 project sponsor, as applicable; 

10 (C) the overall size and complexity of the 

11 qualifying project; 

12 (D) the overall schedule for and cost of the 

13 qualifying project; and 

14 (E) the sensitivity of the natural and his15 toric resources that may be affected by the quali16 fying project. 

17 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

18 unified environmental review document for each 

19 qualifying project application, incorporating a single 

20 environmental record on which all cooperating agen21 cies with authority to issue approvals for a given 

22 qualifying project shall base project approval deci23 sions. Help ensure that cooperating agencies make 

24 necessary decisions, within their respective authoriVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
98 

•HR 2898 RH

1 ties, regarding Federal approvals in accordance with 

2 the following timelines: 

3 (A) Not later than one year after acceptance 

4 of a completed project application when an envi5 ronmental assessment and finding of no signifi6 cant impact is determined to be the appropriate 

7 level of review under the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.). 

10 (B) Not later than one year and 30 days 

11 after the close of the public comment period for 

12 a draft environmental impact statement under 

13 the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.), when an environmental 

15 impact statement is required under the same. 

16 (5) CONSOLIDATED ADMINISTRATIVE RECORD.— 

17 Maintain a consolidated administrative record of the 

18 information assembled and used by the cooperating 

19 agencies as the basis for agency decisions. 

20 (6) PROJECT DATA RECORDS.—To the extent 

21 practicable and consistent with Federal law, ensure 

22 that all project data is submitted and maintained in 

23 generally accessible electronic format, compile, and 

24 where authorized under existing law, make available 


SSpencer on DSK3TPTVN1PROD with BILLS
99 

•HR 2898 RH

1 such project data to cooperating agencies, the quali2 fying project applicant, and to the public. 

3 (7) PROJECT MANAGER.—Appoint a project 

4 manager for each qualifying project. The project man5 ager shall have authority to oversee the project and to 

6 facilitate the issuance of the relevant final authorizing 

7 documents, and shall be responsible for ensuring ful8 fillment of all Bureau responsibilities set forth in this 

9 section and all cooperating agency responsibilities 

10 under section 705. 

11 SEC. 705. COOPERATING AGENCY RESPONSIBILITIES. 

12 (a) ADHERENCE TO BUREAU SCHEDULE.—Upon noti13 fication of an application for a qualifying project, all co14 operating agencies shall submit to the Bureau a timeframe 

15 under which the cooperating agency reasonably considers 

16 it will be able to complete its authorizing responsibilities. 

17 The Bureau shall use the timeframe submitted under this 

18 subsection to establish the project schedule under section 

19 704, and the cooperating agencies shall adhere to the project 

20 schedule established by the Bureau. 

21 (b) ENVIRONMENTAL RECORD.—Cooperating agencies 

22 shall submit to the Bureau all environmental review mate23 rial produced or compiled in the course of carrying out ac24 tivities required under Federal law consistent with the 

25 project schedule established by the Bureau. 


SSpencer on DSK3TPTVN1PROD with BILLS
100 

•HR 2898 RH

1 (c) DATA SUBMISSION.—To the extent practicable and 

2 consistent with Federal law, the cooperating agencies shall 

3 submit all relevant project data to the Bureau in a gen4 erally accessible electronic format subject to the project 

5 schedule set forth by the Bureau. 

6 SEC. 706. FUNDING TO PROCESS PERMITS. 

7 (a) IN GENERAL.—The Secretary, after public notice 

8 in accordance with the Administrative Procedures Act (5 

9 U.S.C. 553), may accept and expend funds contributed by 

10 a non-Federal public entity to expedite the evaluation of 

11 a permit of that entity related to a qualifying project. 

12 (b) EFFECT ON PERMITTING.— 

13 (1) IN GENERAL.—In carrying out this section, 

14 the Secretary shall ensure that the use of funds ac15 cepted under subsection (a) will not impact impartial 

16 decisionmaking with respect to permits, either sub17 stantively or procedurally. 

18 (2) EVALUATION OF PERMITS.—In carrying out 

19 this section, the Secretary shall ensure that the eval20 uation of permits carried out using funds accepted 

21 under this section shall— 

22 (A) be reviewed by the Regional Director of 

23 the Bureau, or the Regional Director’s designee, 

24 of the region in which the qualifying project or 

25 activity is located; and 


SSpencer on DSK3TPTVN1PROD with BILLS
101 

•HR 2898 RH

1 (B) use the same procedures for decisions 

2 that would otherwise be required for the evalua3 tion of permits for similar projects or activities 

4 not carried out using funds authorized under 

5 this section. 

6 (3) IMPARTIAL DECISIONMAKING.—In carrying 

7 out this section, the Secretary and the cooperating 

8 agencies receiving funds under this section for quali9 fying projects shall ensure that the use of the funds 

10 accepted under this section for such projects shall 

11 not— 

12 (A) impact impartial decisionmaking with 

13 respect to the issuance of permits, either sub14 stantively or procedurally; or 

15 (B) diminish, modify, or otherwise affect 

16 the statutory or regulatory authorities of such 

17 agencies. 

18 (c) LIMITATION ON USE OF FUNDS.—None of the funds 

19 accepted under this section shall be used to carry out a re20 view of the evaluation of permits required under subsection 

21 (b)(2)(A). 

22 (d) PUBLIC AVAILABILITY.—The Secretary shall en23 sure that all final permit decisions carried out using funds 

24 authorized under this section are made available to the pub25 lic, including on the Internet. 


SSpencer on DSK3TPTVN1PROD with BILLS
102 

•HR 2898 RH

1 TITLE VIII—BUREAU OF REC2 LAMATION PROJECT STREAM3 LINING 

4 SEC. 801. SHORT TITLE. 

5 This title may be cited as the ‘‘Bureau of Reclamation 

6 Project Streamlining Act’’. 

7 SEC. 802. DEFINITIONS. 

8 In this title: 

9 (1) ENVIRONMENTAL IMPACT STATEMENT.—The 

10 term ‘‘environmental impact statement’’ means the 

11 detailed statement of environmental impacts of a 

12 project required to be prepared pursuant to the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.). 

15 (2) ENVIRONMENTAL REVIEW PROCESS.— 

16 (A) IN GENERAL.—The term ‘‘environ17 mental review process’’ means the process of pre18 paring an environmental impact statement, en19 vironmental assessment, categorical exclusion, or 

20 other document under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) for a project study. 

23 (B) INCLUSIONS.—The term ‘‘environmental 

24 review process’’ includes the process for and com25 pletion of any environmental permit, approval, 


SSpencer on DSK3TPTVN1PROD with BILLS
103 

•HR 2898 RH

1 review, or study required for a project study 

2 under any Federal law other than the National 

3 Environmental Policy Act of 1969 (42 U.S.C. 

4 4321 et seq.). 

5 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

6 term ‘‘Federal jurisdictional agency’’ means a Federal 

7 agency with jurisdiction delegated by law, regulation, 

8 order, or otherwise over a review, analysis, opinion, 

9 statement, permit, license, or other approval or deci10 sion required for a project study under applicable 

11 Federal laws (including regulations). 

12 (4) FEDERAL LEAD AGENCY.—The term ‘‘Federal 

13 lead agency’’ means the Bureau of Reclamation. 

14 (5) PROJECT.—The term ‘‘project’’ means a sur15 face water project, a project under the purview of title 

16 XVI of Public Law 102–575, or a rural water supply 

17 project investigated under Public Law 109–451 to be 

18 carried out, funded or operated in whole or in party 

19 by the Secretary pursuant to the Act of June 17, 1902 

20 (32 Stat. 388, chapter 1093), and Acts supplemental 

21 to and amendatory of that Act (43 U.S.C. 371 et 

22 seq.). 

23 (6) PROJECT SPONSOR.—The term ‘‘project spon24 sor’’ means a State, regional, or local authority or in25 strumentality or other qualifying entity, such as a 


SSpencer on DSK3TPTVN1PROD with BILLS
104 

•HR 2898 RH

1 water conservation district, irrigation district, water 

2 conservancy district, joint powers authority, mutual 

3 water company, canal company, rural water district 

4 or association, or any other entity that has the capac5 ity to contract with the United States under Federal 

6 reclamation law. 

7 (7) PROJECT STUDY.—The term ‘‘project study’’ 

8 means a feasibility study for a project carried out 

9 pursuant to the Act of June 17, 1902 (32 Stat. 388, 

10 chapter 1093), and Acts supplemental to and amend11 atory of that Act (43 U.S.C. 371 et seq.). 

12 (8) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (9) SURFACE WATER STORAGE.—The term ‘‘sur15 face water storage’’ means any surface water reservoir 

16 or impoundment that would be owned, funded or op17 erated in whole or in part by the Bureau of Reclama18 tion or that would be integrated into a larger system 

19 owned, operated or administered in whole or in part 

20 by the Bureau of Reclamation. 

21 SEC. 803. ACCELERATION OF STUDIES. 

22 (a) IN GENERAL.—To the extent practicable, a project 

23 study initiated by the Secretary, after the date of enactment 

24 of this Act, under the Reclamation Act of 1902 (32 Stat. 


SSpencer on DSK3TPTVN1PROD with BILLS
105 

•HR 2898 RH

1 388), and all Acts amendatory thereof or supplementary 

2 thereto, shall— 

3 (1) result in the completion of a final feasibility 

4 report not later than 3 years after the date of initi5 ation; 

6 (2) have a maximum Federal cost of $3,000,000; 

7 and 

8 (3) ensure that personnel from the local project 

9 area, region, and headquarters levels of the Bureau of 

10 Reclamation concurrently conduct the review required 

11 under this section. 

12 (b) EXTENSION.—If the Secretary determines that a 

13 project study described in subsection (a) will not be con14 ducted in accordance with subsection (a), the Secretary, not 

15 later than 30 days after the date of making the determina16 tion, shall— 

17 (1) prepare an updated project study schedule 

18 and cost estimate; 

19 (2) notify the non-Federal project cost-sharing 

20 partner that the project study has been delayed; and 

21 (3) provide written notice to the Committee on 

22 Natural Resources of the House of Representatives 

23 and the Committee on Energy and Natural Resources 

24 of the Senate as to the reasons the requirements of 

25 subsection (a) are not attainable. 


SSpencer on DSK3TPTVN1PROD with BILLS
106 

•HR 2898 RH

1 (c) EXCEPTION.— 

2 (1) IN GENERAL.—Notwithstanding the require3 ments of subsection (a), the Secretary may extend the 

4 timeline of a project study by a period not to exceed 

5 3 years, if the Secretary determines that the project 

6 study is too complex to comply with the requirements 

7 of subsection (a). 

8 (2) FACTORS.—In making a determination that 

9 a study is too complex to comply with the require10 ments of subsection (a), the Secretary shall consider— 

11 (A) the type, size, location, scope, and over12 all cost of the project; 

13 (B) whether the project will use any innova14 tive design or construction techniques; 

15 (C) whether the project will require signifi16 cant action by other Federal, State, or local 

17 agencies; 

18 (D) whether there is significant public dis19 pute as to the nature or effects of the project; and 

20 (E) whether there is significant public dis21 pute as to the economic or environmental costs or 

22 benefits of the project. 

23 (3) NOTIFICATION.—Each time the Secretary 

24 makes a determination under this subsection, the Sec25 retary shall provide written notice to the Committee 


SSpencer on DSK3TPTVN1PROD with BILLS
107 

•HR 2898 RH

1 on Natural Resources of the House of Representatives 

2 and the Committee on Energy and Natural Resources 

3 of the Senate as to the results of that determination, 

4 including an identification of the specific one or more 

5 factors used in making the determination that the 

6 project is complex. 

7 (4) LIMITATION.—The Secretary shall not extend 

8 the timeline for a project study for a period of more 

9 than 7 years, and any project study that is not com10 pleted before that date shall no longer be authorized. 

11 (d) REVIEWS.—Not later than 90 days after the date 

12 of the initiation of a project study described in subsection 

13 (a), the Secretary shall— 

14 (1) take all steps necessary to initiate the process 

15 for completing federally mandated reviews that the 

16 Secretary is required to complete as part of the study, 

17 including the environmental review process under sec18 tion 805; 

19 (2) convene a meeting of all Federal, tribal, and 

20 State agencies identified under section 805(d) that 

21 may— 

22 (A) have jurisdiction over the project; 

23 (B) be required by law to conduct or issue 

24 a review, analysis, opinion, or statement for the 

25 project study; or 


SSpencer on DSK3TPTVN1PROD with BILLS
108 

•HR 2898 RH

1 (C) be required to make a determination on 

2 issuing a permit, license, or other approval or 

3 decision for the project study; and 

4 (3) take all steps necessary to provide informa5 tion that will enable required reviews and analyses 

6 related to the project to be conducted by other agencies 

7 in a thorough and timely manner. 

8 (e) INTERIM REPORT.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary shall submit 

10 to the Committee on Natural Resources of the House of Rep11 resentatives and the Committee on Energy and Natural Re12 sources of the Senate and make publicly available a report 

13 that describes— 

14 (1) the status of the implementation of the plan15 ning process under this section, including the number 

16 of participating projects; 

17 (2) a review of project delivery schedules, includ18 ing a description of any delays on those studies initi19 ated prior to the date of the enactment of this Act; 

20 and 

21 (3) any recommendations for additional author22 ity necessary to support efforts to expedite the project. 

23 (f) FINAL REPORT.—Not later than 4 years after the 

24 date of enactment of this Act, the Secretary shall submit 

25 to the Committee on Natural Resources of the House of RepVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
109 

•HR 2898 RH

1 resentatives and the Committee on Energy and Natural Re2 sources of the Senate and make publicly available a report 

3 that describes— 

4 (1) the status of the implementation of this sec5 tion, including a description of each project study 

6 subject to the requirements of this section; 

7 (2) the amount of time taken to complete each 

8 project study; and 

9 (3) any recommendations for additional author10 ity necessary to support efforts to expedite the project 

11 study process, including an analysis of whether the 

12 limitation established by subsection (a)(2) needs to be 

13 adjusted to address the impacts of inflation. 

14 SEC. 804. EXPEDITED COMPLETION OF REPORTS. 

15 The Secretary shall— 

16 (1) expedite the completion of any ongoing 

17 project study initiated before the date of enactment of 

18 this Act; and 

19 (2) if the Secretary determines that the project is 

20 justified in a completed report, proceed directly to 

21 preconstruction planning, engineering, and design of 

22 the project in accordance with the Reclamation Act of 

23 1902 (32 Stat. 388), and all Acts amendatory thereof 

24 or supplementary thereto. 


SSpencer on DSK3TPTVN1PROD with BILLS
110 

•HR 2898 RH

1 SEC. 805. PROJECT ACCELERATION. 

2 (a) APPLICABILITY.— 

3 (1) IN GENERAL.—This section shall apply to— 

4 (A) each project study that is initiated after 

5 the date of enactment of this Act and for which 

6 an environmental impact statement is prepared 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.); 

9 (B) the extent determined appropriate by 

10 the Secretary, to other project studies initiated 

11 before the date of enactment of this Act and for 

12 which an environmental review process document 

13 is prepared under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 

15 (C) any project study for the development of 

16 a non-federally owned and operated surface 

17 water storage project for which the Secretary de18 termines there is a demonstrable Federal interest 

19 and the project— 

20 (i) is located in a river basin where 

21 other Bureau of Reclamation water projects 

22 are located; 

23 (ii) will create additional water sup24 plies that support Bureau of Reclamation 

25 water projects; or 


SSpencer on DSK3TPTVN1PROD with BILLS
111 

•HR 2898 RH

1 (iii) will become integrated into the 

2 operation of Bureau of Reclamation water 

3 projects. 

4 (2) FLEXIBILITY.—Any authority granted under 

5 this section may be exercised, and any requirement 

6 established under this section may be satisfied, for the 

7 conduct of an environmental review process for a 

8 project study, a class of project studies, or a program 

9 of project studies. 

10 (3) LIST OF PROJECT STUDIES.— 

11 (A) IN GENERAL.—The Secretary shall an12 nually prepare, and make publicly available, a 

13 list of all project studies that the Secretary has 

14 determined— 

15 (i) meets the standards described in 

16 paragraph (1); and 

17 (ii) does not have adequate funding to 

18 make substantial progress toward the com19 pletion of the project study. 

20 (B) INCLUSIONS.—The Secretary shall in21 clude for each project study on the list under 

22 subparagraph (A) a description of the estimated 

23 amounts necessary to make substantial progress 

24 on the project study. 

25 (b) PROJECT REVIEW PROCESS.— 


SSpencer on DSK3TPTVN1PROD with BILLS
112 

•HR 2898 RH

1 (1) IN GENERAL.—The Secretary shall develop 

2 and implement a coordinated environmental review 

3 process for the development of project studies. 

4 (2) COORDINATED REVIEW.—The coordinated en5 vironmental review process described in paragraph 

6 (1) shall require that any review, analysis, opinion, 

7 statement, permit, license, or other approval or deci8 sion issued or made by a Federal, State, or local gov9 ernmental agency or an Indian tribe for a project 

10 study described in subsection (b) be conducted, to the 

11 maximum extent practicable, concurrently with any 

12 other applicable governmental agency or Indian tribe. 

13 (3) TIMING.—The coordinated environmental re14 view process under this subsection shall be completed 

15 not later than the date on which the Secretary, in 

16 consultation and concurrence with the agencies iden17 tified under section 805(d), establishes with respect to 

18 the project study. 

19 (c) LEAD AGENCIES.— 

20 (1) JOINT LEAD AGENCIES.— 

21 (A) IN GENERAL.—Subject to the require22 ments of the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4321 et seq.) and the require24 ments of section 1506.8 of title 40, Code of Fed25 eral Regulations (or successor regulations), inVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
113 

•HR 2898 RH

1 cluding the concurrence of the proposed joint 

2 lead agency, a project sponsor may serve as the 

3 joint lead agency. 

4 (B) PROJECT SPONSOR AS JOINT LEAD

5 AGENCY.—A project sponsor that is a State or 

6 local governmental entity may— 

7 (i) with the concurrence of the Sec8 retary, serve as a joint lead agency with the 

9 Federal lead agency for purposes of pre10 paring any environmental document under 

11 the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.); and 

13 (ii) prepare any environmental review 

14 process document under the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.) required in support of any ac17 tion or approval by the Secretary if— 

18 (I) the Secretary provides guid19 ance in the preparation process and 

20 independently evaluates that document; 

21 (II) the project sponsor complies 

22 with all requirements applicable to the 

23 Secretary under— 


SSpencer on DSK3TPTVN1PROD with BILLS
114 

•HR 2898 RH

1 (aa) the National Environ2 mental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.); 

4 (bb) any regulation imple5 menting that Act; and 

6 (cc) any other applicable 

7 Federal law; and 

8 (III) the Secretary approves and 

9 adopts the document before the Sec10 retary takes any subsequent action or 

11 makes any approval based on that doc12 ument, regardless of whether the action 

13 or approval of the Secretary results in 

14 Federal funding. 

15 (2) DUTIES.—The Secretary shall ensure that— 

16 (A) the project sponsor complies with all de17 sign and mitigation commitments made jointly 

18 by the Secretary and the project sponsor in any 

19 environmental document prepared by the project 

20 sponsor in accordance with this subsection; and 

21 (B) any environmental document prepared 

22 by the project sponsor is appropriately supple23 mented to address any changes to the project the 

24 Secretary determines are necessary. 


SSpencer on DSK3TPTVN1PROD with BILLS
115 

•HR 2898 RH

1 (3) ADOPTION AND USE OF DOCUMENTS.—Any 

2 environmental document prepared in accordance with 

3 this subsection shall be adopted and used by any Fed4 eral agency making any determination related to the 

5 project study to the same extent that the Federal 

6 agency could adopt or use a document prepared by 

7 another Federal agency under— 

8 (A) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); and 

10 (B) parts 1500 through 1508 of title 40, 

11 Code of Federal Regulations (or successor regula12 tions). 

13 (4) ROLES AND RESPONSIBILITY OF LEAD AGEN14 CY.—With respect to the environmental review process 

15 for any project study, the Federal lead agency shall 

16 have authority and responsibility— 

17 (A) to take such actions as are necessary 

18 and proper and within the authority of the Fed19 eral lead agency to facilitate the expeditious reso20 lution of the environmental review process for the 

21 project study; and 

22 (B) to prepare or ensure that any required 

23 environmental impact statement or other envi24 ronmental review document for a project study 

25 required to be completed under the National EnVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
116 

•HR 2898 RH

1 vironmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.) is completed in accordance with this sec3 tion and applicable Federal law. 

4 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

5 (1) IDENTIFICATION OF JURISDICTIONAL AGEN6 CIES.—With respect to carrying out the environ7 mental review process for a project study, the Sec8 retary shall identify, as early as practicable in the 

9 environmental review process, all Federal, State, and 

10 local government agencies and Indian tribes that 

11 may— 

12 (A) have jurisdiction over the project; 

13 (B) be required by law to conduct or issue 

14 a review, analysis, opinion, or statement for the 

15 project study; or 

16 (C) be required to make a determination on 

17 issuing a permit, license, or other approval or 

18 decision for the project study. 

19 (2) STATE AUTHORITY.—If the environmental re20 view process is being implemented by the Secretary 

21 for a project study within the boundaries of a State, 

22 the State, consistent with State law, may choose to 

23 participate in the process and to make subject to the 

24 process all State agencies that— 

25 (A) have jurisdiction over the project; 


SSpencer on DSK3TPTVN1PROD with BILLS
117 

•HR 2898 RH

1 (B) are required to conduct or issue a re2 view, analysis, opinion, or statement for the 

3 project study; or 

4 (C) are required to make a determination 

5 on issuing a permit, license, or other approval or 

6 decision for the project study. 

7 (3) INVITATION.— 

8 (A) IN GENERAL.—The Federal lead agency 

9 shall invite, as early as practicable in the envi10 ronmental review process, any agency identified 

11 under paragraph (1) to become a participating 

12 or cooperating agency, as applicable, in the envi13 ronmental review process for the project study. 

14 (B) DEADLINE.—An invitation to partici15 pate issued under subparagraph (A) shall set a 

16 deadline by which a response to the invitation 

17 shall be submitted, which may be extended by the 

18 Federal lead agency for good cause. 

19 (4) PROCEDURES.—Section 1501.6 of title 40, 

20 Code of Federal Regulations (as in effect on the date 

21 of enactment of the Bureau of Reclamation Project 

22 Streamlining Act) shall govern the identification and 

23 the participation of a cooperating agency. 

24 (5) FEDERAL COOPERATING AGENCIES.—Any 

25 Federal agency that is invited by the Federal lead 


SSpencer on DSK3TPTVN1PROD with BILLS
118 

•HR 2898 RH

1 agency to participate in the environmental review 

2 process for a project study shall be designated as a co3 operating agency by the Federal lead agency unless 

4 the invited agency informs the Federal lead agency, 

5 in writing, by the deadline specified in the invitation 

6 that the invited agency— 

7 (A)(i) has no jurisdiction or authority with 

8 respect to the project; 

9 (ii) has no expertise or information relevant 

10 to the project; or 

11 (iii) does not have adequate funds to par12 ticipate in the project; and 

13 (B) does not intend to submit comments on 

14 the project. 

15 (6) ADMINISTRATION.—A participating or co16 operating agency shall comply with this section and 

17 any schedule established under this section. 

18 (7) EFFECT OF DESIGNATION.—Designation as a 

19 participating or cooperating agency under this sub20 section shall not imply that the participating or co21 operating agency— 

22 (A) supports a proposed project; or 

23 (B) has any jurisdiction over, or special ex24 pertise with respect to evaluation of, the project. 


SSpencer on DSK3TPTVN1PROD with BILLS
119 

•HR 2898 RH

1 (8) CONCURRENT REVIEWS.—Each participating 

2 or cooperating agency shall— 

3 (A) carry out the obligations of that agency 

4 under other applicable law concurrently and in 

5 conjunction with the required environmental re6 view process, unless doing so would prevent the 

7 participating or cooperating agency from con8 ducting needed analysis or otherwise carrying 

9 out those obligations; and 

10 (B) formulate and implement administra11 tive, policy, and procedural mechanisms to en12 able the agency to ensure completion of the envi13 ronmental review process in a timely, coordi14 nated, and environmentally responsible manner. 

15 (e) NON-FEDERAL PROJECTS INTEGRATED INTO REC16 LAMATION SYSTEMS.—The Federal lead agency shall serve 

17 in that capacity for the entirety of all non-Federal projects 

18 that will be integrated into a larger system owned, operated 

19 or administered in whole or in part by the Bureau of Rec20 lamation. 

21 (f) NON-FEDERAL PROJECT.—If the Secretary deter22 mines that a project can be expedited by a non-Federal 

23 sponsor and that there is a demonstrable Federal interest 

24 in expediting that project, the Secretary shall take such ac25 tions as are necessary to advance such a project as a nonVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
120 

•HR 2898 RH

1 Federal project, including, but not limited to, entering into 

2 agreements with the non-Federal sponsor of such project to 

3 support the planning, design and permitting of such project 

4 as a non-Federal project. 

5 (g) PROGRAMMATIC COMPLIANCE.— 

6 (1) IN GENERAL.—The Secretary shall issue 

7 guidance regarding the use of programmatic ap8 proaches to carry out the environmental review proc9 ess that— 

10 (A) eliminates repetitive discussions of the 

11 same issues; 

12 (B) focuses on the actual issues ripe for 

13 analyses at each level of review; 

14 (C) establishes a formal process for coordi15 nating with participating and cooperating agen16 cies, including the creation of a list of all data 

17 that are needed to carry out an environmental 

18 review process; and 

19 (D) complies with— 

20 (i) the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.); and 

22 (ii) all other applicable laws. 

23 (2) REQUIREMENTS.—In carrying out para24 graph (1), the Secretary shall— 


SSpencer on DSK3TPTVN1PROD with BILLS
121 

•HR 2898 RH

1 (A) as the first step in drafting guidance 

2 under that paragraph, consult with relevant Fed3 eral, State, and local governmental agencies, In4 dian tribes, and the public on the appropriate 

5 use and scope of the programmatic approaches; 

6 (B) emphasize the importance of collabora7 tion among relevant Federal, State, and local 

8 governmental agencies, and Indian tribes in un9 dertaking programmatic reviews, especially with 

10 respect to including reviews with a broad geo11 graphical scope; 

12 (C) ensure that the programmatic reviews— 

13 (i) promote transparency, including of 

14 the analyses and data used in the environ15 mental review process, the treatment of any 

16 deferred issues raised by Federal, State, and 

17 local governmental agencies, Indian tribes, 

18 or the public, and the temporal and special 

19 scales to be used to analyze those issues; 

20 (ii) use accurate and timely informa21 tion in the environmental review process, 

22 including— 

23 (I) criteria for determining the 

24 general duration of the usefulness of 

25 the review; and 


SSpencer on DSK3TPTVN1PROD with BILLS
122 

•HR 2898 RH

1 (II) the timeline for updating any 

2 out-of-date review; 

3 (iii) describe— 

4 (I) the relationship between pro5 grammatic analysis and future tiered 

6 analysis; and 

7 (II) the role of the public in the 

8 creation of future tiered analysis; and 

9 (iv) are available to other relevant 

10 Federal, State, and local governmental 

11 agencies, Indian tribes, and the public; 

12 (D) allow not fewer than 60 days of public 

13 notice and comment on any proposed guidance; 

14 and 

15 (E) address any comments received under 

16 subparagraph (D). 

17 (h) COORDINATED REVIEWS.— 

18 (1) COORDINATION PLAN.— 

19 (A) ESTABLISHMENT.—The Federal lead 

20 agency shall, after consultation with and with 

21 the concurrence of each participating and co22 operating agency and the project sponsor or joint 

23 lead agency, as applicable, establish a plan for 

24 coordinating public and agency participation in, 

25 and comment on, the environmental review procVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
123 

•HR 2898 RH

1 ess for a project study or a category of project 

2 studies. 

3 (B) SCHEDULE.— 

4 (i) IN GENERAL.—As soon as prac5 ticable but not later than 45 days after the 

6 close of the public comment period on a 

7 draft environmental impact statement, the 

8 Federal lead agency, after consultation with 

9 and the concurrence of each participating 

10 and cooperating agency and the project 

11 sponsor or joint lead agency, as applicable, 

12 shall establish, as part of the coordination 

13 plan established in subparagraph (A), a 

14 schedule for completion of the environmental 

15 review process for the project study. 

16 (ii) FACTORS FOR CONSIDERATION.— 

17 In establishing a schedule, the Secretary 

18 shall consider factors such as— 

19 (I) the responsibilities of partici20 pating and cooperating agencies under 

21 applicable laws; 

22 (II) the resources available to the 

23 project sponsor, joint lead agency, and 

24 other relevant Federal and State agen25 cies, as applicable; 


SSpencer on DSK3TPTVN1PROD with BILLS
124 

•HR 2898 RH

1 (III) the overall size and com2 plexity of the project; 

3 (IV) the overall schedule for and 

4 cost of the project; and 

5 (V) the sensitivity of the natural 

6 and historical resources that could be 

7 affected by the project. 

8 (iii) MODIFICATIONS.—The Secretary 

9 may— 

10 (I) lengthen a schedule established 

11 under clause (i) for good cause; and 

12 (II) shorten a schedule only with 

13 concurrence of the affected partici14 pating and cooperating agencies and 

15 the project sponsor or joint lead agen16 cy, as applicable. 

17 (iv) DISSEMINATION.—A copy of a 

18 schedule established under clause (i) shall 

19 be— 

20 (I) provided to each participating 

21 and cooperating agency and the project 

22 sponsor or joint lead agency, as appli23 cable; and 

24 (II) made available to the public. 


SSpencer on DSK3TPTVN1PROD with BILLS
125 

•HR 2898 RH

1 (2) COMMENT DEADLINES.—The Federal lead 

2 agency shall establish the following deadlines for com3 ment during the environmental review process for a 

4 project study: 

5 (A) DRAFT ENVIRONMENTAL IMPACT STATE6 MENTS.—For comments by Federal and State 

7 agencies and the public on a draft environmental 

8 impact statement, a period of not more than 60 

9 days after publication in the Federal Register of 

10 notice of the date of public availability of the 

11 draft environmental impact statement, unless— 

12 (i) a different deadline is established 

13 by agreement of the Federal lead agency, the 

14 project sponsor or joint lead agency, as ap15 plicable, and all participating and cooper16 ating agencies; or 

17 (ii) the deadline is extended by the 

18 Federal lead agency for good cause. 

19 (B) OTHER ENVIRONMENTAL REVIEW PROC20 ESSES.—For all other comment periods estab21 lished by the Federal lead agency for agency or 

22 public comments in the environmental review 

23 process, a period of not more than 30 days after 

24 the date on which the materials on which com25 ment is requested are made available, unless— 


SSpencer on DSK3TPTVN1PROD with BILLS
126 

•HR 2898 RH

1 (i) a different deadline is established 

2 by agreement of the Federal lead agency, the 

3 project sponsor, or joint lead agency, as ap4 plicable, and all participating and cooper5 ating agencies; or 

6 (ii) the deadline is extended by the 

7 Federal lead agency for good cause. 

8 (3) DEADLINES FOR DECISIONS UNDER OTHER

9 LAWS.—In any case in which a decision under any 

10 Federal law relating to a project study, including the 

11 issuance or denial of a permit or license, is required 

12 to be made by the date described in subsection 

13 (i)(5)(B), the Secretary shall submit to the Committee 

14 on Natural Resources of the House of Representatives 

15 and the Committee on Energy and Natural Resources 

16 of the Senate— 

17 (A) as soon as practicable after the 180-day 

18 period described in subsection (i)(5)(B), an ini19 tial notice of the failure of the Federal agency to 

20 make the decision; and 

21 (B) every 60 days thereafter until such date 

22 as all decisions of the Federal agency relating to 

23 the project study have been made by the Federal 

24 agency, an additional notice that describes the 

25 number of decisions of the Federal agency that 


SSpencer on DSK3TPTVN1PROD with BILLS
127 

•HR 2898 RH

1 remain outstanding as of the date of the addi2 tional notice. 

3 (4) INVOLVEMENT OF THE PUBLIC.—Nothing in 

4 this subsection reduces any time period provided for 

5 public comment in the environmental review process 

6 under applicable Federal law (including regulations). 

7 (5) TRANSPARENCY REPORTING.— 

8 (A) REPORTING REQUIREMENTS.—Not later 

9 than 1 year after the date of enactment of this 

10 Act, the Secretary shall establish and maintain 

11 an electronic database and, in coordination with 

12 other Federal and State agencies, issue reporting 

13 requirements to make publicly available the sta14 tus and progress with respect to compliance with 

15 applicable requirements of the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.) and any other Federal, State, or local ap18 proval or action required for a project study for 

19 which this section is applicable. 

20 (B) PROJECT STUDY TRANSPARENCY.—Con21 sistent with the requirements established under 

22 subparagraph (A), the Secretary shall make pub23 licly available the status and progress of any 

24 Federal, State, or local decision, action, or apVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
128 

•HR 2898 RH

1 proval required under applicable laws for each 

2 project study for which this section is applicable. 

3 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

4 (1) COOPERATION.—The Federal lead agency, the 

5 cooperating agencies, and any participating agencies 

6 shall work cooperatively in accordance with this sec7 tion to identify and resolve issues that could delay 

8 completion of the environmental review process or re9 sult in the denial of any approval required for the 

10 project study under applicable laws. 

11 (2) FEDERAL LEAD AGENCY RESPONSIBIL12 ITIES.— 

13 (A) IN GENERAL.—The Federal lead agency 

14 shall make information available to the cooper15 ating agencies and participating agencies as 

16 early as practicable in the environmental review 

17 process regarding the environmental and socio18 economic resources located within the project 

19 area and the general locations of the alternatives 

20 under consideration. 

21 (B) DATA SOURCES.—The information 

22 under subparagraph (A) may be based on exist23 ing data sources, including geographic informa24 tion systems mapping. 


SSpencer on DSK3TPTVN1PROD with BILLS
129 

•HR 2898 RH

1 (3) COOPERATING AND PARTICIPATING AGENCY

2 RESPONSIBILITIES.—Based on information received 

3 from the Federal lead agency, cooperating and par4 ticipating agencies shall identify, as early as prac5 ticable, any issues of concern regarding the potential 

6 environmental or socioeconomic impacts of the 

7 project, including any issues that could substantially 

8 delay or prevent an agency from granting a permit 

9 or other approval that is needed for the project study. 

10 (4) ACCELERATED ISSUE RESOLUTION AND ELE11 VATION.— 

12 (A) IN GENERAL.—On the request of a par13 ticipating or cooperating agency or project spon14 sor, the Secretary shall convene an issue resolu15 tion meeting with the relevant participating and 

16 cooperating agencies and the project sponsor or 

17 joint lead agency, as applicable, to resolve issues 

18 that may— 

19 (i) delay completion of the environ20 mental review process; or 

21 (ii) result in denial of any approval 

22 required for the project study under appli23 cable laws. 

24 (B) MEETING DATE.—A meeting requested 

25 under this paragraph shall be held not later than 


SSpencer on DSK3TPTVN1PROD with BILLS
130 

•HR 2898 RH

1 21 days after the date on which the Secretary re2 ceives the request for the meeting, unless the Sec3 retary determines that there is good cause to ex4 tend that deadline. 

5 (C) NOTIFICATION.—On receipt of a request 

6 for a meeting under this paragraph, the Sec7 retary shall notify all relevant participating and 

8 cooperating agencies of the request, including the 

9 issue to be resolved and the date for the meeting. 

10 (D) ELEVATION OF ISSUE RESOLUTION.—If 

11 a resolution cannot be achieved within the 30- 

12 day period beginning on the date of a meeting 

13 under this paragraph and a determination is 

14 made by the Secretary that all information nec15 essary to resolve the issue has been obtained, the 

16 Secretary shall forward the dispute to the heads 

17 of the relevant agencies for resolution. 

18 (E) CONVENTION BY SECRETARY.—The Sec19 retary may convene an issue resolution meeting 

20 under this paragraph at any time, at the discre21 tion of the Secretary, regardless of whether a 

22 meeting is requested under subparagraph (A). 

23 (5) FINANCIAL PENALTY PROVISIONS.— 

24 (A) IN GENERAL.—A Federal jurisdictional 

25 agency shall complete any required approval or 


SSpencer on DSK3TPTVN1PROD with BILLS
131 

•HR 2898 RH

1 decision for the environmental review process on 

2 an expeditious basis using the shortest existing 

3 applicable process. 

4 (B) FAILURE TO DECIDE.— 

5 (i) IN GENERAL.— 

6 (I) TRANSFER OF FUNDS.—If a 

7 Federal jurisdictional agency fails to 

8 render a decision required under any 

9 Federal law relating to a project study 

10 that requires the preparation of an en11 vironmental impact statement or envi12 ronmental assessment, including the 

13 issuance or denial of a permit, license, 

14 statement, opinion, or other approval 

15 by the date described in clause (ii), the 

16 amount of funds made available to 

17 support the office of the head of the 

18 Federal jurisdictional agency shall be 

19 reduced by an amount of funding equal 

20 to the amount specified in item (aa) or 

21 (bb) of subclause (II), and those funds 

22 shall be made available to the division 

23 of the Federal jurisdictional agency 

24 charged with rendering the decision by 

25 not later than 1 day after the applicaVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
132 

•HR 2898 RH

1 ble date under clause (ii), and once 

2 each week thereafter until a final deci3 sion is rendered, subject to subpara4 graph (C). 

5 (II) AMOUNT TO BE TRANS6 FERRED.—The amount referred to in 

7 subclause (I) is— 

8 (aa) $20,000 for any project 

9 study requiring the preparation of 

10 an environmental assessment or 

11 environmental impact statement; 

12 or 

13 (bb) $10,000 for any project 

14 study requiring any type of re15 view under the National Environ16 mental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.) other than an 

18 environmental assessment or envi19 ronmental impact statement. 

20 (ii) DESCRIPTION OF DATE.—The date 

21 referred to in clause (i) is the later of— 

22 (I) the date that is 180 days after 

23 the date on which an application for 

24 the permit, license, or approval is com25 plete; and 


SSpencer on DSK3TPTVN1PROD with BILLS
133 

•HR 2898 RH

1 (II) the date that is 180 days 

2 after the date on which the Federal 

3 lead agency issues a decision on the 

4 project under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.). 

7 (C) LIMITATIONS.— 

8 (i) IN GENERAL.—No transfer of funds 

9 under subparagraph (B) relating to an in10 dividual project study shall exceed, in any 

11 fiscal year, an amount equal to 1 percent of 

12 the funds made available for the applicable 

13 agency office. 

14 (ii) FAILURE TO DECIDE.—The total 

15 amount transferred in a fiscal year as a re16 sult of a failure by an agency to make a de17 cision by an applicable deadline shall not 

18 exceed an amount equal to 5 percent of the 

19 funds made available for the applicable 

20 agency office for that fiscal year. 

21 (iii) AGGREGATE.—Notwithstanding 

22 any other provision of law, for each fiscal 

23 year, the aggregate amount of financial 

24 penalties assessed against each applicable 

25 agency office under this Act and any other 


SSpencer on DSK3TPTVN1PROD with BILLS
134 

•HR 2898 RH

1 Federal law as a result of a failure of the 

2 agency to make a decision by an applicable 

3 deadline for environmental review, includ4 ing the total amount transferred under this 

5 paragraph, shall not exceed an amount 

6 equal to 9.5 percent of the funds made 

7 available for the agency office for that fiscal 

8 year. 

9 (D) NOTIFICATION OF TRANSFERS.—Not 

10 later than 10 days after the last date in a fiscal 

11 year on which funds of the Federal jurisdictional 

12 agency may be transferred under subparagraph 

13 (B)(5) with respect to an individual decision, the 

14 agency shall submit to the appropriate commit15 tees of the House of Representatives and the Sen16 ate written notification that includes a descrip17 tion of— 

18 (i) the decision; 

19 (ii) the project study involved; 

20 (iii) the amount of each transfer under 

21 subparagraph (B) in that fiscal year relat22 ing to the decision; 

23 (iv) the total amount of all transfers 

24 under subparagraph (B) in that fiscal year 

25 relating to the decision; and 


SSpencer on DSK3TPTVN1PROD with BILLS
135 

•HR 2898 RH

1 (v) the total amount of all transfers of 

2 the agency under subparagraph (B) in that 

3 fiscal year. 

4 (E) NO FAULT OF AGENCY.— 

5 (i) IN GENERAL.—A transfer of funds 

6 under this paragraph shall not be made if 

7 the applicable agency described in subpara8 graph (A) notifies, with a supporting expla9 nation, the Federal lead agency, cooperating 

10 agencies, and project sponsor, as applicable, 

11 that— 

12 (I) the agency has not received 

13 necessary information or approvals 

14 from another entity in a manner that 

15 affects the ability of the agency to meet 

16 any requirements under Federal, State, 

17 or local law; 

18 (II) significant new information, 

19 including from public comments, or 

20 circumstances, including a major 

21 modification to an aspect of the 

22 project, requires additional analysis 

23 for the agency to make a decision on 

24 the project application; or 


SSpencer on DSK3TPTVN1PROD with BILLS
136 

•HR 2898 RH

1 (III) the agency lacks the finan2 cial resources to complete the review 

3 under the scheduled timeframe, includ4 ing a description of the number of full5 time employees required to complete 

6 the review, the amount of funding re7 quired to complete the review, and a 

8 justification as to why not enough 

9 funding is available to complete the re10 view by the deadline. 

11 (ii) LACK OF FINANCIAL RE12 SOURCES.—If the agency provides notice 

13 under clause (i)(III), the Inspector General 

14 of the agency shall— 

15 (I) conduct a financial audit to 

16 review the notice; and 

17 (II) not later than 90 days after 

18 the date on which the review described 

19 in subclause (I) is completed, submit to 

20 the Committee on Natural Resources of 

21 the House of Representatives and the 

22 Committee on Energy and Natural Re23 sources of the Senate the results of the 

24 audit conducted under subclause (I). 


SSpencer on DSK3TPTVN1PROD with BILLS
137 

•HR 2898 RH

1 (F) LIMITATION.—The Federal agency from 

2 which funds are transferred pursuant to this 

3 paragraph shall not reprogram funds to the of4 fice of the head of the agency, or equivalent of5 fice, to reimburse that office for the loss of the 

6 funds. 

7 (G) EFFECT OF PARAGRAPH.—Nothing in 

8 this paragraph affects or limits the application 

9 of, or obligation to comply with, any Federal, 

10 State, local, or tribal law. 

11 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO12 ORDINATION.— 

13 (1) SENSE OF CONGRESS.—It is the sense of 

14 Congress that— 

15 (A) the Secretary and other Federal agen16 cies with relevant jurisdiction in the environ17 mental review process should cooperate with each 

18 other, State and local agencies, and Indian 

19 tribes on environmental review and Bureau of 

20 Reclamation project delivery activities at the 

21 earliest practicable time to avoid delays and du22 plication of effort later in the process, prevent 

23 potential conflicts, and ensure that planning and 

24 project development decisions reflect environ25 mental values; and 


SSpencer on DSK3TPTVN1PROD with BILLS
138 

•HR 2898 RH

1 (B) the cooperation referred to in subpara2 graph (A) should include the development of 

3 policies and the designation of staff that advise 

4 planning agencies and project sponsors of studies 

5 or other information foreseeably required for 

6 later Federal action and early consultation with 

7 appropriate State and local agencies and Indian 

8 tribes. 

9 (2) TECHNICAL ASSISTANCE.—If requested at 

10 any time by a State or project sponsor, the Secretary 

11 and other Federal agencies with relevant jurisdiction 

12 in the environmental review process, shall, to the 

13 maximum extent practicable and appropriate, as de14 termined by the agencies, provide technical assistance 

15 to the State or project sponsor in carrying out early 

16 coordination activities. 

17 (3) MEMORANDUM OF AGENCY AGREEMENT.—If 

18 requested at any time by a State or project sponsor, 

19 the Federal lead agency, in consultation with other 

20 Federal agencies with relevant jurisdiction in the en21 vironmental review process, may establish memo22 randa of agreement with the project sponsor, Indian 

23 tribes, State and local governments, and other appro24 priate entities to carry out the early coordination ac25 tivities, including providing technical assistance in 


SSpencer on DSK3TPTVN1PROD with BILLS
139 

•HR 2898 RH

1 identifying potential impacts and mitigation issues 

2 in an integrated fashion. 

3 (k) LIMITATIONS.—Nothing in this section preempts or 

4 interferes with— 

5 (1) any obligation to comply with the provisions 

6 of any Federal law, including— 

7 (A) the National Environmental Policy Act 

8 of 1969 (42 U.S.C. 4321 et seq.); and 

9 (B) any other Federal environmental law; 

10 (2) the reviewability of any final Federal agency 

11 action in a court of the United States or in the court 

12 of any State; 

13 (3) any requirement for seeking, considering, or 

14 responding to public comment; or 

15 (4) any power, jurisdiction, responsibility, duty, 

16 or authority that a Federal, State, or local govern17 mental agency, Indian tribe, or project sponsor has 

18 with respect to carrying out a project or any other 

19 provision of law applicable to projects. 

20 (l) TIMING OF CLAIMS.— 

21 (1) TIMING.— 

22 (A) IN GENERAL.—Notwithstanding any 

23 other provision of law, a claim arising under 

24 Federal law seeking judicial review of a permit, 

25 license, or other approval issued by a Federal 


SSpencer on DSK3TPTVN1PROD with BILLS
140 

•HR 2898 RH

1 agency for a project study shall be barred unless 

2 the claim is filed not later than 3 years after 

3 publication of a notice in the Federal Register 

4 announcing that the permit, license, or other ap5 proval is final pursuant to the law under which 

6 the agency action is taken, unless a shorter time 

7 is specified in the Federal law that allows judi8 cial review. 

9 (B) APPLICABILITY.—Nothing in this sub10 section creates a right to judicial review or 

11 places any limit on filing a claim that a person 

12 has violated the terms of a permit, license, or 

13 other approval. 

14 (2) NEW INFORMATION.— 

15 (A) IN GENERAL.—The Secretary shall con16 sider new information received after the close of 

17 a comment period if the information satisfies the 

18 requirements for a supplemental environmental 

19 impact statement under title 40, Code of Federal 

20 Regulations (including successor regulations). 

21 (B) SEPARATE ACTION.—The preparation of 

22 a supplemental environmental impact statement 

23 or other environmental document, if required 

24 under this section, shall be considered a separate 

25 final agency action and the deadline for filing a 


SSpencer on DSK3TPTVN1PROD with BILLS
141 

•HR 2898 RH

1 claim for judicial review of the action shall be 3 

2 years after the date of publication of a notice in 

3 the Federal Register announcing the action relat4 ing to such supplemental environmental impact 

5 statement or other environmental document. 

6 (m) CATEGORICAL EXCLUSIONS.— 

7 (1) IN GENERAL.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary 

9 shall— 

10 (A) survey the use by the Bureau of Rec11 lamation of categorical exclusions in projects 

12 since 2005; 

13 (B) publish a review of the survey that in14 cludes a description of— 

15 (i) the types of actions that were cat16 egorically excluded or could be the basis for 

17 developing a new categorical exclusion; and 

18 (ii) any requests previously received by 

19 the Secretary for new categorical exclusions; 

20 and 

21 (C) solicit requests from other Federal agen22 cies and project sponsors for new categorical ex23 clusions. 

24 (2) NEW CATEGORICAL EXCLUSIONS.—Not later 

25 than 1 year after the date of enactment of this Act, 


SSpencer on DSK3TPTVN1PROD with BILLS
142 

•HR 2898 RH

1 if the Secretary has identified a category of activities 

2 that merit establishing a categorical exclusion that 

3 did not exist on the day before the date of enactment 

4 this Act based on the review under paragraph (1), the 

5 Secretary shall publish a notice of proposed rule6 making to propose that new categorical exclusion, to 

7 the extent that the categorical exclusion meets the cri8 teria for a categorical exclusion under section 1508.4 

9 of title 40, Code of Federal Regulations (or successor 

10 regulation). 

11 (n) REVIEW OF PROJECT ACCELERATION REFORMS.— 

12 (1) IN GENERAL.—The Comptroller General of 

13 the United States shall— 

14 (A) assess the reforms carried out under this 

15 section; and 

16 (B) not later than 5 years and not later 

17 than 10 years after the date of enactment of this 

18 Act, submit to the Committee on Natural Re19 sources of the House of Representatives and the 

20 Committee on Energy and Natural Resources of 

21 the Senate a report that describes the results of 

22 the assessment. 

23 (2) CONTENTS.—The reports under paragraph 

24 (1) shall include an evaluation of impacts of the re25 forms carried out under this section on— 


SSpencer on DSK3TPTVN1PROD with BILLS
143 

•HR 2898 RH

1 (A) project delivery; 

2 (B) compliance with environmental laws; 

3 and 

4 (C) the environmental impact of projects. 

5 (o) PERFORMANCE MEASUREMENT.—The Secretary 

6 shall establish a program to measure and report on progress 

7 made toward improving and expediting the planning and 

8 environmental review process. 

9 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

10 For the repair, reconstruction, or rehabilitation of a Bureau 

11 of Reclamation surface water storage project that is in oper12 ation or under construction when damaged by an event or 

13 incident that results in a declaration by the President of 

14 a major disaster or emergency pursuant to the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5121 et seq.), the Secretary shall treat such repair, 

17 reconstruction, or rehabilitation activity as a class of action 

18 categorically excluded from the requirements relating to en19 vironmental assessments or environmental impact state20 ments under section 1508.4 of title 40, Code of Federal Reg21 ulations (or successor regulations), if the repair or recon22 struction activity is— 

23 (1) in the same location with the same capacity, 

24 dimensions, and design as the original Bureau of 


SSpencer on DSK3TPTVN1PROD with BILLS
144 

•HR 2898 RH

1 Reclamation surface water storage project as before 

2 the declaration described in this section; and 

3 (2) commenced within a 2-year period beginning 

4 on the date of a declaration described in this sub5 section. 

6 SEC. 806. ANNUAL REPORT TO CONGRESS. 

7 (a) IN GENERAL.—Not later than February 1 of each 

8 year, the Secretary shall develop and submit to the Com9 mittee on Natural Resources of the House of Representatives 

10 and the Committee on Energy and Natural Resources of 

11 the Senate an annual report, to be entitled ‘‘Report to Con12 gress on Future Water Project Development’’, that identifies 

13 the following: 

14 (1) PROJECT REPORTS.—Each project report 

15 that meets the criteria established in subsection 

16 (c)(1)(A). 

17 (2) PROPOSED PROJECT STUDIES.—Any pro18 posed project study submitted to the Secretary by a 

19 non-Federal interest pursuant to subsection (b) that 

20 meets the criteria established in subsection (c)(1)(A). 

21 (3) PROPOSED MODIFICATIONS.—Any proposed 

22 modification to an authorized water project or project 

23 study that meets the criteria established in subsection 

24 (c)(1)(A) that— 


SSpencer on DSK3TPTVN1PROD with BILLS
145 

•HR 2898 RH

1 (A) is submitted to the Secretary by a non2 Federal interest pursuant to subsection (b); or 

3 (B) is identified by the Secretary for au4 thorization. 

5 (4) EXPEDITED COMPLETION OF REPORT AND

6 DETERMINATIONS.—Any project study that was expe7 dited and any Secretarial determinations under sec8 tion 804. 

9 (b) REQUESTS FOR PROPOSALS.— 

10 (1) PUBLICATION.—Not later than May 1 of each 

11 year, the Secretary shall publish in the Federal Reg12 ister a notice requesting proposals from non-Federal 

13 interests for proposed project studies and proposed 

14 modifications to authorized projects and project stud15 ies to be included in the annual report. 

16 (2) DEADLINE FOR REQUESTS.—The Secretary 

17 shall include in each notice required by this sub18 section a requirement that non-Federal interests sub19 mit to the Secretary any proposals described in para20 graph (1) by not later than 120 days after the date 

21 of publication of the notice in the Federal Register in 

22 order for the proposals to be considered for inclusion 

23 in the annual report. 


SSpencer on DSK3TPTVN1PROD with BILLS
146 

•HR 2898 RH

1 (3) NOTIFICATION.—On the date of publication 

2 of each notice required by this subsection, the Sec3 retary shall— 

4 (A) make the notice publicly available, in5 cluding on the Internet; and 

6 (B) provide written notification of the pub7 lication to the Committee on Natural Resources 

8 of the House of Representatives and the Com9 mittee on Energy and Natural Resources of the 

10 Senate. 

11 (c) CONTENTS.— 

12 (1) PROJECT REPORTS, PROPOSED PROJECT

13 STUDIES, AND PROPOSED MODIFICATIONS.— 

14 (A) CRITERIA FOR INCLUSION IN REPORT.— 

15 The Secretary shall include in the annual report 

16 only those project reports, proposed project stud17 ies, and proposed modifications to authorized 

18 projects and project studies that— 

19 (i) are related to the missions and au20 thorities of the Bureau of Reclamation; 

21 (ii) require specific congressional au22 thorization, including by an Act of Con23 gress; 

24 (iii) have not been congressionally au25 thorized; 


SSpencer on DSK3TPTVN1PROD with BILLS
147 

•HR 2898 RH

1 (iv) have not been included in any pre2 vious annual report; and 

3 (v) if authorized, could be carried out 

4 by the Bureau of Reclamation. 

5 (B) DESCRIPTION OF BENEFITS.— 

6 (i) DESCRIPTION.—The Secretary shall 

7 describe in the annual report, to the extent 

8 applicable and practicable, for each pro9 posed project study and proposed modifica10 tion to an authorized water resources devel11 opment project or project study included in 

12 the annual report, the benefits, as described 

13 in clause (ii), of each such study or pro14 posed modification. 

15 (ii) BENEFITS.—The benefits (or ex16 pected benefits, in the case of a proposed 

17 project study) described in this clause are 

18 benefits to— 

19 (I) the protection of human life 

20 and property; 

21 (II) improvement to domestic irri22 gated water and power supplies; 

23 (III) the national economy; 

24 (IV) the environment; or 


SSpencer on DSK3TPTVN1PROD with BILLS
148 

•HR 2898 RH

1 (V) the national security interests 

2 of the United States. 

3 (C) IDENTIFICATION OF OTHER FACTORS.— 

4 The Secretary shall identify in the annual re5 port, to the extent practicable— 

6 (i) for each proposed project study in7 cluded in the annual report, the non-Fed8 eral interest that submitted the proposed 

9 project study pursuant to subsection (b); 

10 and 

11 (ii) for each proposed project study 

12 and proposed modification to a project or 

13 project study included in the annual report, 

14 whether the non-Federal interest has dem15 onstrated— 

16 (I) that local support exists for 

17 the proposed project study or proposed 

18 modification to an authorized project 

19 or project study (including the surface 

20 water storage development project that 

21 is the subject of the proposed feasibility 

22 study or the proposed modification to 

23 an authorized project study); and 


SSpencer on DSK3TPTVN1PROD with BILLS
149 

•HR 2898 RH

1 (II) the financial ability to pro2 vide the required non-Federal cost 

3 share. 

4 (2) TRANSPARENCY.—The Secretary shall in5 clude in the annual report, for each project report, 

6 proposed project study, and proposed modification to 

7 a project or project study included under paragraph 

8 (1)(A)— 

9 (A) the name of the associated non-Federal 

10 interest, including the name of any non-Federal 

11 interest that has contributed, or is expected to 

12 contribute, a non-Federal share of the cost of— 

13 (i) the project report; 

14 (ii) the proposed project study; 

15 (iii) the authorized project study for 

16 which the modification is proposed; or 

17 (iv) construction of— 

18 (I) the project that is the subject 

19 of— 

20 (aa) the water report; 

21 (bb) the proposed project 

22 study; or 

23 (cc) the authorized project 

24 study for which a modification is 

25 proposed; or 


SSpencer on DSK3TPTVN1PROD with BILLS
150 

•HR 2898 RH

1 (II) the proposed modification to 

2 a project; 

3 (B) a letter or statement of support for the 

4 water report, proposed project study, or proposed 

5 modification to a project or project study from 

6 each associated non-Federal interest; 

7 (C) the purpose of the feasibility report, 

8 proposed feasibility study, or proposed modifica9 tion to a project or project study; 

10 (D) an estimate, to the extent practicable, of 

11 the Federal, non-Federal, and total costs of— 

12 (i) the proposed modification to an au13 thorized project study; and 

14 (ii) construction of— 

15 (I) the project that is the subject 

16 of— 

17 (aa) the project report; or 

18 (bb) the authorized project 

19 study for which a modification is 

20 proposed, with respect to the 

21 change in costs resulting from 

22 such modification; or 

23 (II) the proposed modification to 

24 an authorized project; and 


SSpencer on DSK3TPTVN1PROD with BILLS
151 

•HR 2898 RH

1 (E) an estimate, to the extent practicable, of 

2 the monetary and nonmonetary benefits of— 

3 (i) the project that is the subject of— 

4 (I) the project report; or 

5 (II) the authorized project study 

6 for which a modification is proposed, 

7 with respect to the benefits of such 

8 modification; or 

9 (ii) the proposed modification to an 

10 authorized project. 

11 (3) CERTIFICATION.—The Secretary shall include 

12 in the annual report a certification stating that each 

13 feasibility report, proposed feasibility study, and pro14 posed modification to a project or project study in15 cluded in the annual report meets the criteria estab16 lished in paragraph (1)(A). 

17 (4) APPENDIX.—The Secretary shall include in 

18 the annual report an appendix listing the proposals 

19 submitted under subsection (b) that were not included 

20 in the annual report under paragraph (1)(A) and a 

21 description of why the Secretary determined that 

22 those proposals did not meet the criteria for inclusion 

23 under such paragraph. 


SSpencer on DSK3TPTVN1PROD with BILLS
152 

•HR 2898 RH

1 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

2 Notwithstanding any other deadlines required by this sec3 tion, the Secretary shall— 

4 (1) not later than 60 days after the date of en5 actment of this Act, publish in the Federal Register 

6 a notice required by subsection (b)(1); and 

7 (2) include in such notice a requirement that 

8 non-Federal interests submit to the Secretary any 

9 proposals described in subsection (b)(1) by not later 

10 than 120 days after the date of publication of such 

11 notice in the Federal Register in order for such pro12 posals to be considered for inclusion in the first an13 nual report developed by the Secretary under this sec14 tion. 

15 (e) PUBLICATION.—Upon submission of an annual re16 port to Congress, the Secretary shall make the annual report 

17 publicly available, including through publication on the 

18 Internet. 

19 (f) DEFINITION.—In this section, the term ‘‘project re20 port’’ means a final feasibility report developed under the 

21 Reclamation Act of 1902 (32 Stat. 388), and all Acts 

22 amendatory thereof or supplementary thereto. 


SSpencer on DSK3TPTVN1PROD with BILLS
153 

•HR 2898 RH

1 TITLE IX—ACCELERATED REV2 ENUE, REPAYMENT, AND SUR3 FACE WATER STORAGE EN4 HANCEMENT 

5 SEC. 901. SHORT TITLE. 

6 This title may be cited as the ‘‘Accelerated Revenue, 

7 Repayment, and Surface Water Storage Enhancement Act’’. 

8 SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CON9 TRACTS BETWEEN THE UNITED STATES AND 

10 CONTRACTORS OF FEDERALLY DEVELOPED 

11 WATER SUPPLIES. 

12 (a) CONVERSION AND PREPAYMENT OF CONTRACTS.— 

13 (1) CONVERSION.—Upon request of the con14 tractor, the Secretary of the Interior shall convert any 

15 water service contract in effect on the date of enact16 ment of this Act and between the United States and 

17 a water users’ association to allow for prepayment of 

18 the repayment contract pursuant to paragraph (2) 

19 under mutually agreeable terms and conditions. The 

20 manner of conversion under this paragraph shall be 

21 as follows: 

22 (A) Water service contracts that were en23 tered into under section 9(e) of the Act of August 

24 4, 1939 (53 Stat. 1196), to be converted under 

25 this section shall be converted to repayment conVerDate Sep 11 2014 00:28 Jul 14, 2015 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\H2898.RH H2898

SSpencer on DSK3TPTVN1PROD with BILLS
154 

•HR 2898 RH

1 tracts under section 9(d) of that Act (53 Stat. 

2 1195). 

3 (B) Water service contracts that were en4 tered under subsection (c)(2) of section 9 of the 

5 Act of August 4, 1939 (53 Stat. 1194), to be con6 verted under this section shall be converted to a 

7 contract under subsection (c)(1) of section 9 of 

8 that Act (53 Stat. 1195). 

9 (2) PREPAYMENT.—All repayment contracts 

10 under section 9(d) of that Act (53 Stat. 1195) in ef11 fect on the date of enactment of this Act at the request 

12 of the contractor, and all contracts converted pursu13 ant to paragraph (1)(A) shall— 

14 (A) provide for the repayment, either in 

15 lump sum or by accelerated prepayment, of the 

16 remaining construction costs identified in water 

17 project specific irrigation rate repayment sched18 ules, as adjusted to reflect payment not reflected 

19 in such schedule, and properly assignable for ul20 timate return by the contractor, or if made in 

21 approximately equal installments, no later than 

22 3 years after the effective date of the repayment 

contract, such amount to be discounted by 1 23 ⁄2 the 

24 Treasury rate. An estimate of the remaining con25 struction costs, as adjusted, shall be provided by 


SSpencer on DSK3TPTVN1PROD with BILLS
155 

•HR 2898 RH

1 the Secretary to the contractor no later than 90 

2 days following receipt of request of the con3 tractor; 

4 (B) require that construction costs or other 

5 capitalized costs incurred after the effective date 

6 of the contract or not reflected in the rate sched7 ule referenced in subparagraph (A), and prop8 erly assignable to such contractor shall be repaid 

9 in not more than 5 years after notification of the 

10 allocation if such amount is a result of a collec11 tive annual allocation of capital costs to the con12 tractors exercising contract conversation under 

13 this subsection of less than $5,000,000. If such 

14 amount is $5,000,000 or greater, such cost shall 

15 be repaid as provided by applicable reclamation 

16 law; 

17 (C) provide that power revenues will not be 

18 available to aid in repayment of construction 

19 costs allocated to irrigation under the contract; 

20 and 

21 (D) continue so long as the contractor pays 

22 applicable charges, consistent with section 9(d) of 

23 the Act of August 4, 1939 (53 Stat. 1195), and 

24 applicable law. 


SSpencer on DSK3TPTVN1PROD with BILLS
156 

•HR 2898 RH

1 (3) CONTRACT REQUIREMENTS.—The following 

2 shall apply with regard to all repayment contracts 

3 under subsection (c)(1) of section 9 of that Act (53 

4 Stat. 1195) in effect on the date of enactment of this 

5 Act at the request of the contractor, and all contracts 

6 converted pursuant to paragraph (1)(B): 

7 (A) Provide for the repayment in lump sum 

8 of the remaining construction costs identified in 

9 water project specific municipal and industrial 

10 rate repayment schedules, as adjusted to reflect 

11 payments not reflected in such schedule, and 

12 properly assignable for ultimate return by the 

13 contractor. An estimate of the remaining con14 struction costs, as adjusted, shall be provided by 

15 the Secretary to the contractor no later than 90 

16 days after receipt of request of contractor. 

17 (B) The contract shall require that construc18 tion costs or other capitalized costs incurred 

19 after the effective date of the contract or not re20 flected in the rate schedule referenced in subpara21 graph (A), and properly assignable to such con22 tractor, shall be repaid in not more than 5 years 

23 after notification of the allocation if such 

24 amount is a result of a collective annual alloca25 tion of capital costs to the contractors exercising 


SSpencer on DSK3TPTVN1PROD with BILLS
157 

•HR 2898 RH

1 contract conversation under this subsection of 

2 less than $5,000,000. If such amount is 

3 $5,000,000 or greater, such cost shall be repaid 

4 as provided by applicable reclamation law. 

5 (C) Continue so long as the contractor pays 

6 applicable charges, consistent with section 

7 9(c)(1) of the Act of August 4, 1939 (53 Stat. 

8 1195), and applicable law. 

9 (4) CONDITIONS.—All contracts entered into pur10 suant to paragraphs (1), (2), and (3) shall— 

11 (A) not be adjusted on the basis of the type 

12 of prepayment financing used by the water users’ 

13 association; 

14 (B) conform to any other agreements, such 

15 as applicable settlement agreements and new 

16 constructed appurtenant facilities; and 

17 (C) not modify other water service, repay18 ment, exchange and transfer contractual rights 

19 between the water users’ association, and the Bu20 reau of Reclamation, or any rights, obligations, 

21 or relationships of the water users’ association 

22 and their landowners as provided under State 

23 law. 

24 (b) ACCOUNTING.—The amounts paid pursuant to sub25 section (a) shall be subject to adjustment following a final 


SSpencer on DSK3TPTVN1PROD with BILLS
158 

•HR 2898 RH

1 cost allocation by the Secretary of the Interior. In the event 

2 that the final cost allocation indicates that the costs prop3 erly assignable to the contractor are greater than what has 

4 been paid by the contractor, the contractor shall be obligated 

5 to pay the remaining allocated costs. The term of such addi6 tional repayment contract shall be not less than one year 

7 and not more than 10 years, however, mutually agreeable 

8 provisions regarding the rate of repayment of such amount 

9 may be developed by the parties. In the event that the final 

10 cost allocation indicates that the costs properly assignable 

11 to the contractor are less than what the contractor has paid, 

12 the Secretary shall credit such overpayment as an offset 

13 against any outstanding or future obligation of the con14 tractor. 

15 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

16 (1) EFFECT OF EXISTING LAW.—Upon a contrac17 tor’s compliance with and discharge of the obligation 

18 of repayment of the construction costs pursuant to a 

19 contract entered into pursuant to subsection 

20 (a)(2)(A), subsections (a) and (b) of section 213 of the 

21 Reclamation Reform Act of 1982 (96 Stat. 1269) shall 

22 apply to affected lands. 

23 (2) EFFECT OF OTHER OBLIGATIONS.—The obli24 gation of a contractor to repay construction costs or 

25 other capitalized costs described in subsection 


SSpencer on DSK3TPTVN1PROD with BILLS
159 

•HR 2898 RH

1 (a)(2)(B), (a)(3)(B), or (b) shall not affect a contrac2 tor’s status as having repaid all of the construction 

3 costs assignable to the contractor or the applicability 

4 of subsections (a) and (b) of section 213 of the Rec5 lamation Reform Act of 1982 (96 Stat. 1269) once the 

6 amount required to be paid by the contractor under 

7 the repayment contract entered into pursuant to sub8 section (a)(2)(A) have been paid. 

9 (d) EFFECT ON EXISTING LAW NOT ALTERED.—Im10 plementation of the provisions of this title shall not alter— 

11 (1) the repayment obligation of any water serv12 ice or repayment contractor receiving water from the 

13 same water project, or shift any costs that would oth14 erwise have been properly assignable to the water 

15 users’ association identified in subsections (a)(1), 

16 (a)(2), and (a)(3) absent this section, including oper17 ation and maintenance costs, construction costs, or 

18 other capitalized costs incurred after the date of the 

19 enactment of this Act, or to other contractors; and 

20 (2) specific requirements for the disposition of 

21 amounts received as repayments by the Secretary 

22 under the Act of June 17, 1902 (32 Stat. 388, chapter 

23 1093), and Acts supplemental to and amendatory of 

24 that Act (43 U.S.C. 371 et seq.). 


SSpencer on DSK3TPTVN1PROD with BILLS
160 

•HR 2898 RH

1 (e) SURFACE WATER STORAGE ENHANCEMENT PRO2 GRAM.— 

3 (1) IN GENERAL.—Except as provided in sub4 section (d)(2), three years following the date of enact5 ment of this Act, 50 percent of receipts generated from 

6 prepayment of contracts under this section beyond 

7 amounts necessary to cover the amount of receipts for8 gone from scheduled payments under current law for 

9 the 10-year period following the date of enactment of 

10 this Act shall be directed to the Reclamation Surface 

11 Water Storage Account under paragraph (2). 

12 (2) SURFACE STORAGE ACCOUNT.—The Sec13 retary shall allocate amounts collected under para14 graph (1) into the ‘‘Reclamation Surface Storage Ac15 count’’ to fund the construction of surface water stor16 age. The Secretary may also enter into cooperative 

17 agreements with water users’ associations for the con18 struction of surface water storage and amounts with19 in the Surface Storage Account may be used to fund 

20 such construction. Surface water storage projects that 

21 are otherwise not federally authorized shall not be 

22 considered Federal facilities as a result of any 

23 amounts allocated from the Surface Storage Account 

24 for part or all of such facilities. 


SSpencer on DSK3TPTVN1PROD with BILLS
161 

•HR 2898 RH

1 (3) REPAYMENT.—Amounts used for surface 

2 water storage construction from the Account shall be 

3 fully reimbursed to the Account consistent with the re4 quirements under Federal reclamation law (the law 

5 (the Act of June 17, 1902 (32 Stat. 388, chapter 

6 1093))), and Acts supplemental to and amendatory of 

7 that Act (43 U.S.C. 371 et seq.) except that all funds 

8 reimbursed shall be deposited in the Account estab9 lished under paragraph (2). 

10 (4) AVAILABILITY OF AMOUNTS.—Amounts de11 posited in the Account under this subsection shall— 

12 (A) be made available in accordance with 

13 this section, subject to appropriation; and 

14 (B) be in addition to amounts appropriated 

15 for such purposes under any other provision of 

16 law. 

17 (5) PURPOSES OF SURFACE WATER STORAGE.— 

18 Construction of surface water storage under this sec19 tion shall be made for the following purposes: 

20 (A) Increased municipal and industrial 

21 water supply. 

22 (B) Agricultural floodwater, erosion, and 

23 sedimentation reduction. 

24 (C) Agricultural drainage improvements. 

25 (D) Agricultural irrigation. 


SSpencer on DSK3TPTVN1PROD with BILLS
162 

•HR 2898 RH

1 (E) Increased recreation opportunities. 

2 (F) Reduced adverse impacts to fish and 

3 wildlife from water storage or diversion projects 

4 within watersheds associated with water storage 

5 projects funded under this section. 

6 (G) Any other purposes consistent with rec7 lamation laws or other Federal law. 

8 (f) DEFINITIONS.—For the purposes of this title, the 

9 following definitions apply: 

10 (1) ACCOUNT.—The term ‘‘Account’’ means the 

11 Reclamation Surface Water Storage Account estab12 lished under subsection (e)(2). 

13 (2) CONSTRUCTION.—The term ‘‘construction’’ 

14 means the designing, materials engineering and test15 ing, surveying, and building of surface water storage 

16 including additions to existing surface water storage 

17 and construction of new surface water storage facili18 ties, exclusive of any Federal statutory or regulatory 

19 obligations relating to any permit, review, approval, 

20 or other such requirement. 

21 (3) SURFACE WATER STORAGE.—The term ‘‘sur22 face water storage’’ means any federally owned facil23 ity under the jurisdiction of the Bureau of Reclama24 tion or any non-Federal facility used for the surface 

25 storage and supply of water resources. 


SSpencer on DSK3TPTVN1PROD with BILLS
163 

•HR 2898 RH

1 (4) TREASURY RATE.—The term ‘‘Treasury rate’’ 

2 means the 20-year Constant Maturity Treasury 

3 (CMT) rate published by the United States Depart4 ment of the Treasury existing on the effective date of 

5 the contract. 

6 (5) WATER USERS’ ASSOCIATION.—The term 

7 ‘‘water users’ association’’ means— 

8 (A) an entity organized and recognized 

9 under State laws that is eligible to enter into 

10 contracts with reclamation to receive contract 

11 water for delivery to and users of the water and 

12 to pay applicable charges; and 

13 (B) includes a variety of entities with dif14 ferent names and differing functions, such as as15 sociations, conservatory district, irrigation dis16 trict, municipality, and water project contract 

17 unit. 

18 TITLE X—SAFETY OF DAMS 

19 SEC. 1001. AUTHORIZATION OF ADDITIONAL PROJECT BEN20 EFITS. 

21 The Reclamation Safety of Dams Act of 1978 is 

22 amended— 

23 (1) in section 3, by striking ‘‘Construction’’ and 

24 inserting ‘‘Except as provided in section 5B, con25 struction’’; and 


SSpencer on DSK3TPTVN1PROD with BILLS
164 

•HR 2898 RH

1 (2) by inserting after section 5A (43 U.S.C. 509) 

2 the following: 

3 ‘‘SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENE4 FITS. 

5 ‘‘Notwithstanding section 3, if the Secretary deter6 mines that additional project benefits, including but not 

7 limited to additional conservation storage capacity, are fea8 sible and not inconsistent with the purposes of this Act, the 

9 Secretary is authorized to develop additional project bene10 fits through the construction of new or supplementary works 

11 on a project in conjunction with the Secretary’s activities 

12 under section 2 of this Act and subject to the conditions 

13 described in the feasibility study, provided— 

14 ‘‘(1) the Secretary determines that developing 

15 additional project benefits through the construction of 

16 new or supplementary works on a project will pro17 mote more efficient management of water and water18 related facilities; 

19 ‘‘(2) the feasibility study pertaining to addi20 tional project benefits has been authorized pursuant to 

21 section 8 of the Federal Water Project Recreation Act 

22 of 1965 (16 U.S.C. 4601–18); and 

23 ‘‘(3) the costs associated with developing the ad24 ditional project benefits are agreed to in writing be25 tween the Secretary and project proponents and shall 


SSpencer on DSK3TPTVN1PROD with BILLS
165 

•HR 2898 RH

1 be allocated to the authorized purposes of the structure 

2 and repaid consistent with all provisions of Federal 

3 Reclamation law (the Act of June 17, 1902, 43 U.S.C. 

4 371 et seq.) and Acts supplemental to and amend5 atory of that Act.’’. 

6 TITLE XI—WATER RIGHTS 

7 PROTECTION 

8 SEC. 1101. SHORT TITLE. 

9 This title may be cited as the ‘‘Water Rights Protection 

10 Act’’. 

11 SEC. 1102. DEFINITION OF WATER RIGHT. 

12 In this title, the term ‘‘water right’’ means any surface 

13 or groundwater right filed, permitted, certified, confirmed, 

14 decreed, adjudicated, or otherwise recognized by a judicial 

15 proceeding or by the State in which the user acquires posses16 sion of the water or puts the water to beneficial use, includ17 ing water rights for federally recognized Indian tribes. 

18 SEC. 1103. TREATMENT OF WATER RIGHTS. 

19 The Secretary of the Interior and the Secretary of Ag20 riculture shall not— 

21 (1) condition or withhold, in whole or in part, 

22 the issuance, renewal, amendment, or extension of 

23 any permit, approval, license, lease, allotment, ease24 ment, right-of-way, or other land use or occupancy 

25 agreement on— 


SSpencer on DSK3TPTVN1PROD with BILLS
166 

•HR 2898 RH

1 (A) limitation or encumbrance of any water 

2 right, or the transfer of any water right (includ3 ing joint and sole ownership), directly or indi4 rectly to the United States or any other designee; 

5 or 

6 (B) any other impairment of any water 

7 right, in whole or in part, granted or otherwise 

8 recognized under State law, by Federal or State 

9 adjudication, decree, or other judgment, or pur10 suant to any interstate water compact; 

11 (2) require any water user (including any feder12 ally recognized Indian tribe) to apply for or acquire 

13 a water right in the name of the United States under 

14 State law as a condition of the issuance, renewal, 

15 amendment, or extension of any permit, approval, li16 cense, lease, allotment, easement, right-of-way, or 

17 other land use or occupancy agreement; 

18 (3) assert jurisdiction over groundwater with19 drawals or impacts on groundwater resources, unless 

20 jurisdiction is asserted, and any regulatory or policy 

21 actions taken pursuant to such assertion are, con22 sistent with, and impose no greater restrictions or 

23 regulatory requirements than, applicable State laws 

24 (including regulations) and policies governing the 

25 protection and use of groundwater resources; or 


SSpencer on DSK3TPTVN1PROD with BILLS
167 

•HR 2898 RH

1 (4) infringe on the rights and obligations of a 

2 State in evaluating, allocating, and adjudicating the 

3 waters of the State originating on or under, or flow4 ing from, land owned or managed by the Federal 

5 Government. 

6 SEC. 1104. RECOGNITION OF STATE AUTHORITY. 

7 (a) IN GENERAL.—In carrying out section 1103, the 

8 Secretary of the Interior and the Secretary of Agriculture 

9 shall— 

10 (1) recognize the longstanding authority of the 

11 States relating to evaluating, protecting, allocating, 

12 regulating, and adjudicating groundwater by any 

13 means, including a rulemaking, permitting, directive, 

14 water court adjudication, resource management plan15 ning, regional authority, or other policy; and 

16 (2) coordinate with the States in the adoption 

17 and implementation by the Secretary of the Interior 

18 or the Secretary of Agriculture of any rulemaking, 

19 policy, directive, management plan, or other similar 

20 Federal action so as to ensure that such actions are 

21 consistent with, and impose no greater restrictions or 

22 regulatory requirements than, State groundwater laws 

23 and programs. 

24 (b) EFFECT ON STATE WATER RIGHTS.—In carrying 

25 out this title, the Secretary of the Interior and the Secretary 


SSpencer on DSK3TPTVN1PROD with BILLS
168 

•HR 2898 RH

1 of Agriculture shall not take any action that adversely af2 fects— 

3 (1) any water rights granted by a State; 

4 (2) the authority of a State in adjudicating 

5 water rights; 

6 (3) definitions established by a State with re7 spect to the term ‘‘beneficial use’’, ‘‘priority of water 

8 rights’’, or ‘‘terms of use’’; 

9 (4) terms and conditions of groundwater with10 drawal, guidance and reporting procedures, and con11 servation and source protection measures established 

12 by a State; 

13 (5) the use of groundwater in accordance with 

14 State law; or 

15 (6) any other rights and obligations of a State 

16 established under State law. 

17 SEC. 1105. EFFECT OF TITLE. 

18 (a) EFFECT ON EXISTING AUTHORITY.—Nothing in 

19 this title limits or expands any existing legally recognized 

20 authority of the Secretary of the Interior or the Secretary 

21 of Agriculture to issue, grant, or condition any permit, ap22 proval, license, lease, allotment, easement, right-of-way, or 

23 other land use or occupancy agreement on Federal land sub24 ject to the jurisdiction of the Secretary of the Interior or 

25 the Secretary of Agriculture, respectively. 


SSpencer on DSK3TPTVN1PROD with BILLS
169 

•HR 2898 RH

1 (b) EFFECT ON RECLAMATION CONTRACTS.—Nothing 

2 in this title interferes with Bureau of Reclamation contracts 

3 entered into pursuant to the reclamation laws. 

4 (c) EFFECT ON ENDANGERED SPECIES ACT.—Nothing 

5 in this title affects the implementation of the Endangered 

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

7 (d) EFFECT ON FEDERAL RESERVED WATER

8 RIGHTS.—Nothing in this title limits or expands any exist9 ing or claimed reserved water rights of the Federal Govern10 ment on land administered by the Secretary of the Interior 

11 or the Secretary of Agriculture. 

12 (e) EFFECT ON FEDERAL POWER ACT.—Nothing in 

13 this title limits or expands authorities under sections 4(e), 

14 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 

15 803(j), 811). 

16 (f) EFFECT ON INDIAN WATER RIGHTS.—Nothing in 

17 this title limits or expands any water right or treaty right 

18 of any federally recognized Indian tribe. 


SSpencer on DSK3TPTVN1PROD with BILLS
Union Calendar No. 146 

114TH CONGRESS 

1ST SESSION H. R. 2898 

[Report No. 114–197, Part I] 

A BILL 

To provide drought relief in the State of California, 

and for other purposes. 

JULY 13, 2015 

Reported from the Committee on Natural Resources with 

J

an amendment 

ULY 13, 2015 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


SSpencer on DSK3TPTVN1PROD with BILLS