```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5247 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5247

To provide short-term water supplies to drought-stricken California and 
provide for long-term investments in drought resiliency throughout the 
                         Western United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2016

 Mr. Garamendi (for himself, Mr. Costa, Mr. Cardenas, and Mr. Peters) 
 introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on Transportation 
  and Infrastructure, Science, Space, and Technology, and Energy and 
Commerce, 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

_______________________________________________________________________

                                 A BILL

 
To provide short-term water supplies to drought-stricken California and 
provide for long-term investments in drought resiliency throughout the 
                         Western United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California Long-
Term Provisions for Water Supply and Short-Term Provisions for 
Emergency Drought Relief Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Definitions.
 TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT

        Subtitle A--Assistance for Drought-Stricken Communities

Sec. 101. Assistance for drought-stricken communities and WaterSMART 
                            reauthorization.
Sec. 102. Utilizing State revolving funds for areas with inadequate 
                            water supplies.
                     Subtitle B--Storage Provisions

Sec. 111. Definitions.
Sec. 112. Water storage project construction.
Sec. 113. Reservoir operation improvement.
Sec. 114. Findings.
Sec. 115. Studies.
Sec. 116. Losses caused by construction and operation of water storage 
                            projects.
 Subtitle C--Desalination, Water Reuse and Recycling, and Conservation

Sec. 121. Water recycling and desalination projects.
Sec. 122. Reauthorization of Water Desalination Act.
Sec. 123. New water recycling and reuse projects.
Sec. 124. Promoting water efficiency with WaterSense.
     Subtitle D--Reclamation Infrastructure Finance and Innovation

Sec. 131. Purposes.
Sec. 132. Definitions.
Sec. 133. Authority to provide assistance.
Sec. 134. Applications.
Sec. 135. Eligibility for assistance.
Sec. 136. Determination of eligibility and project selection.
Sec. 137. Secured loans.
Sec. 138. Program administration.
Sec. 139. State and local permits.
Sec. 140. Regulations.
Sec. 141. Funding.
                 TITLE II--LISTED SPECIES AND WILDLIFE

Sec. 201. Actions to benefit endangered fish populations.
Sec. 202. Actions to benefit refuges.
Sec. 203. Non-Federal program to protect native anadromous fish in 
                            Stanislaus River.
Sec. 204. Pilot projects to implement CALFED invasive species program.
    TITLE III--CALIFORNIA EMERGENCY DROUGHT RELIEF AND OPERATIONAL 
                              FLEXIBILITY

Sec. 301. Taking into account increased real-time monitoring and 
                            updated science.
Sec. 302. Emergency operations.
Sec. 303. Temporary operational flexibility to capture peak flows from 
                            winter storms.
Sec. 304. Emergency environmental reviews.
Sec. 305. Level of detail required for analysis.
                         TITLE IV--WATER RIGHTS

Sec. 401. Offset for State Water Project.
Sec. 402. Area of origin and water rights protections.
Sec. 403. No redirected adverse impacts.
Sec. 404. Allocations for Sacramento Valley water service contractors.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Authorized service area.
Sec. 502. Oversight over and public input into Restoration Fund 
                            activities.
Sec. 503. Basin studies.
Sec. 504. Technical and modeling assistance.
Sec. 505. Report on results of water usage.
Sec. 506. Additional storage at New Melones.
Sec. 507. Contracting authorities.
Sec. 508. Voluntary open water data system.
Sec. 509. Single annual report.
                           TITLE VI--OFFSETS

Sec. 601. Deauthorization of inactive projects.
Sec. 602. Accelerated revenue, repayment, and surface water storage 
                            enhancement.
         TITLE VII--DURATION AND EFFECT ON EXISTING OBLIGATIONS

Sec. 701. Savings clause.
Sec. 702. Termination.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to help communities most at risk of running out of 
        clean water;
            (2) to provide funding and support for long-term solutions 
        including water storage, desalination and recycling;
            (3) to protect threatened and endangered species; and
            (4) to facilitate the movement of water to communities most 
        in need while adhering to all environmental laws.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) California is experiencing one of the most severe 
        droughts on record, with the snowpack at the lowest levels in 
        500 years;
            (2) Governor Jerry Brown declared a drought state of 
        emergency on January 17, 2014, and subsequently imposed strict 
        water reductions on communities throughout the State;
            (3) the drought constitutes a serious emergency that poses 
        immediate and severe risks to--
                    (A) human health and safety;
                    (B) economic security; and
                    (C) the environment;
            (4) wells that provide households with clean water have 
        dried up due to 4 consecutive years of drought, with 
        approximately 2,591 domestic wells statewide identified as 
        critical or dry, affecting an estimated 12,955 residents, many 
        in the Central Valley;
            (5) rural and disadvantaged communities have been hardest 
        hit, placing great strain on drinking water supplies in the 
        Southern San Joaquin Valley--
                    (A) 69 communities in Southern San Joaquin Valley 
                have reported significant water supply and quality 
                issues; and
                    (B) East Porterville is particularly hard hit, with 
                40 percent, or 3,000, of its residents, without running 
                water;
            (6) the State of California's water supplies are at record-
        low levels, as indicated by the fact that major Central Valley 
        Project reservoir levels were anywhere from 30 percent to 79 
        percent of their historical average as of February 8, 2016;
            (7) while storage levels are below their historical 
        averages, snowpack is the deepest it's been since 2005, the 
        State of California's Department of Water Resources found in 
        its survey conducted on February 2, 2016, that the snow-water 
        equivalent (the amount of water in the snowpack) was 130 
        percent above the February average;
            (8) the drought has resulted in many lost jobs including 
        more than 21,000 seasonal and part-time agricultural jobs--
        resulting in a 10.9 percent unemployment rate in the Central 
        Valley, double the statewide unemployment rate of 5.7 percent, 
        as of December 15, 2015;
            (9) thousands of families have been affected, placing ever 
        greater demands on food banks and other relief organizations, 
        and as of December 21, 2015--
                    (A) the California Department of Social Services 
                Drought Food Assistance Program has provided more than 
                1,000,000 boxes to food banks in affected communities 
                with high levels of unemployment; and
                    (B) nearly 72 percent of the food distributions 
                have occurred in the Tulare Basin counties of Fresno, 
                Kern, Kings, and Tulare;
            (10) 2015 statewide economic costs are estimated at 
        $2,700,000,00, including but not limited to--
                    (A) the loss of $900,000,000 in crop revenue;
                    (B) the loss of $350,000,000 in dairy and other 
                livestock value; and
                    (C) an increase of $590,000,000 in ground water 
                pumping costs;
            (11) 1,032,508 acres in California's Central Valley were 
        fallowed in 2015, a 626,512 acre increase from 2011;
            (12) the drought is imperiling California's forests, which 
        provide important ecological, economic, and cultural benefits 
        to the State, and among the effects of the drought--
                    (A) loss of 50,000,000 large trees due to stress 
                from lack of water;
                    (B) 888,000,000 trees, covering 26,000,000 acres of 
                California forestland, experienced losses of canopy 
                cover since 2011, threatening ecosystem destruction and 
                loss of animal habitat; and
                    (C) 6,337 fires covering 307,598 acres occurred in 
                2015;
            (13) fish continue to be threatened by the extended 
        drought, compounding effects on two endangered species, further 
        reducing river flows and increasing water temperatures--
                    (A) Delta smelt abundance are at a historic low, as 
                evidenced by long-term monitoring surveys; and
                    (B) the abundance of the last remaining population 
                of wild Sacramento River winter run Chinook salmon 
                continue to decline, with mortality rates between 95 
                percent and 97 percent over the past 2 years, according 
                to the National Oceanic and Atmospheric Administration;
            (14) wildlife has also been affected, with Level 2 water 
        deliveries to wildlife refuges under the Central Valley Project 
        Improvement Act reduced by 25 percent in the north-of-Delta 
        region and 35 percent in the south-of-Delta region, and 
        delivery schedules shortened to only the winter months, and--
                    (A) these reduced water supplies have contributed 
                to a decline of the Pacific Flyway, a migratory route 
                for waterfowl that spans from Alaska to South America;
                    (B) the reduction in water supplies has led to a 
                significant decline in flooded rice fields, a vital 
                habitat for migratory birds. Only one-third of the 
                usual acres of rice fields were flooded in 2015; and
                    (C) the reduction of available habitat for 
                migratory waterfowl contributed to a decreased food 
                availability in wildlife refuges and an increased risk 
                of disease due to overcrowding of birds;
            (15) subsidence in California is occurring at more than 12 
        inches per year, caused in part by an increase in ground water 
        pumping of more than 6,000,000 acre feet, some areas in the 
        Central Valley have sunk as much as 2 inches per month, and the 
        damage from subsidence is wide-ranging--
                    (A) roads, bridges, building foundations, 
                pipelines, canals, dams, and other infrastructure have 
                been damaged;
                    (B) vital aquifers have been depleted;
                    (C) vital levees have sustained cracks and 
                ruptures; and
                    (D) shallow aquifers have become vulnerable to 
                contamination as surface water infiltrates through 
                fissures in the soil;
            (16) the California Department of Water Resources 
        identified 21 ground water basins where excessive ground water 
        pumping has resulted in overdraft, 11 of which are in the San 
        Joaquin Valley;
            (17) California homes, cities, wildlife, businesses, and 
        farming need more water than is available today, particularly 
        in the San Joaquin Valley;
            (18) Congress recognizes that providing more water to those 
        who need it most will require science-based management of water 
        supplies and fish and wildlife resources, including--
                    (A) alternative management strategies, such as 
                removing nonnative species, enhancing habitat, 
                monitoring fish movement and location in real-time, and 
                improving water quality in the Delta, which could 
                contribute significantly to protecting and recovering 
                those endangered fish species, and at potentially lower 
                costs to water supplies than solely focusing on 
                restrictions on water exports; and
                    (B) updated science and improved monitoring tools 
                that provide Federal and State agencies with better 
                information about conditions and operations that may or 
                may not lead to high salvage events that jeopardize 
                fish populations; and
            (19) given the dire effects outlined above and the 
        potential for continued harm, this emergency requires--
                    (A) immediate and credible action that takes into 
                account the complexity and importance of the water 
                system to the State; and
                    (B) policies that do not position stakeholders 
                against one another, which in the past has led to 
                costly litigation that benefits no one and prevents any 
                real solutions.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator for Fisheries 
        of the National Oceanic and Atmospheric Administration.
            (2) Central valley project.--The term ``Central Valley 
        Project'' has the meaning given the term in section 3403 of the 
        Central Valley Project Improvement Act (Public Law 102-575; 106 
        Stat. 4707).
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (4) Delta.--The term ``Delta'' means the Sacramento-San 
        Joaquin Delta and the Suisun Marsh (as defined in section 12220 
        of the California Water Code and section 29101 of the 
        California Public Resources Code (as in effect on the date of 
        enactment of this Act)).
            (5) Delta smelt.--The term ``Delta smelt'' means the fish 
        species with the scientific name Hypomesus transpacificus.
            (6) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (7) Listed fish species.--The term ``listed fish species'' 
        means--
                    (A) any natural origin steelhead, natural origin 
                genetic spring run Chinook, or genetic winter run 
                Chinook salmon (including any hatchery steelhead or 
                salmon population within the evolutionary significant 
                unit or a distinct population segment); and
                    (B) Delta smelt.
            (8) OMR.--The term ``OMR'' means the Old and Middle River 
        in the Delta.
            (9) OMR flow.--The term ``OMR flow'' means Old and Middle 
        River flow of any given measurement, expressed in cubic feet 
        per second, as described in--
                    (A) the smelt biological opinion; and
                    (B) the salmonid biological opinion.
            (10) Reclamation state.--The term ``Reclamation State'' 
        means any of the States of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Idaho;
                    (E) Kansas;
                    (F) Montana;
                    (G) Nebraska;
                    (H) Nevada;
                    (I) New Mexico;
                    (J) North Dakota;
                    (K) Oklahoma;
                    (L) Oregon;
                    (M) South Dakota;
                    (N) Texas;
                    (O) Utah;
                    (P) Washington; and
                    (Q) Wyoming.
            (11) Salmonid biological opinion.--
                    (A) In general.--The term ``salmonid biological 
                opinion'' means the biological and conference opinion 
                of the National Marine Fisheries Service dated June 4, 
                2009, regarding the long-term operation of the Central 
                Valley Project and the State Water Project, and 
                successor biological opinions.
                    (B) Inclusions.--The term ``salmonid biological 
                opinion'' includes the operative incidental take 
                statement of the opinion described in subparagraph (A).
            (12) Smelt biological opinion.--
                    (A) In general.--The term ``smelt biological 
                opinion'' means the biological opinion dated December 
                15, 2008, regarding the coordinated operation of the 
                Central Valley Project and the State Water Project, and 
                successor biological opinions.
                    (B) Inclusions.--The term ``smelt biological 
                opinion'' includes the operative incidental take 
                statement of the opinion described in subparagraph (A).
            (13) State water project.--The term ``State Water Project'' 
        means the water project described in chapter 5 of part 3 of 
        division 6 of the California Water Code (section 11550 et seq.) 
        (as in effect on the date of enactment of this Act) and 
        operated by the California Department of Water Resources.

 TITLE I--LONG-TERM IMPROVEMENTS FOR WESTERN STATES SUBJECT TO DROUGHT

        Subtitle A--Assistance for Drought-Stricken Communities

SEC. 101. ASSISTANCE FOR DROUGHT-STRICKEN COMMUNITIES AND WATERSMART 
              REAUTHORIZATION.

    (a) Findings.--Congress finds that--
            (1) across the United States, more than 90 percent of the 
        community water systems serve populations of less than 10,000 
        individuals;
            (2) the number of dry wells continues to increase as the 
        State of California entered the fourth consecutive summer of 
        drought, with approximately 2,591 wells statewide identified as 
        critical or dry, which affected an estimated 12,955 residents, 
        with 2,444 of the 2,502 of the dry wells concentrated in the 
        inland regions within the Central Valley;
            (3) many areas of the State of California are 
        disproportionately impacted by drought because the areas are 
        heavily dependent or completely reliant on ground water from 
        basins that are in overdraft and in which the water table 
        declines year after year or from basins that are contaminated; 
        and
            (4) those communities throughout the State of California 
        have been impacted by the presence of naturally occurring 
        arsenic in the ground water among other contaminants, as a 
        result of higher concentration of contaminants in the water.
    (b) Amendment.--Section 9504 of the Omnibus Public Land Management 
Act of 2009 (42 U.S.C. 10364) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (d) through (f), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Water Storage, Integrated Regional Water Management, 
Reclamation, and Recycling Projects.--
            ``(1) In general.--The Secretary of the Interior is 
        authorized to enter into cost-shared financial assistance and 
        other long-term agreements with non-Federal participants to 
        advance the planning, design, and construction of non-Federal 
        permanent water storage and conveyance facilities, projects for 
        the reclamation and reuse of municipal, industrial, domestic 
        and agricultural wastewater, and naturally impaired ground and 
        surface waters, ground water recharge, and other water 
        management improvement projects for which the Secretary of the 
        Interior is authorized under this subtitle to assist an 
        applicant in the planning, design, and construction.
            ``(2) Authority to provide assistance.--The Secretary of 
        the Interior may provide financial assistance under this 
        subtitle to carry out projects within--
                    ``(A) any Reclamation State, including--
                            ``(i) Arizona;
                            ``(ii) California;
                            ``(iii) Colorado;
                            ``(iv) Idaho;
                            ``(v) Kansas;
                            ``(vi) Montana;
                            ``(vii) Nebraska;
                            ``(viii) Nevada;
                            ``(ix) New Mexico;
                            ``(x) North Dakota;
                            ``(xi) Oklahoma;
                            ``(xii) Oregon;
                            ``(xiii) South Dakota;
                            ``(xiv) Texas;
                            ``(xv) Utah;
                            ``(xvi) Washington; and
                            ``(xvii) Wyoming; and
                    ``(B) the States of Alaska and Hawaii.
            ``(3) Priority.--In providing financial assistance under 
        this section, the Secretary of the Interior shall give priority 
        to storage, conveyance, and water management improvement 
        projects that--
                    ``(A) ensure the efficient and beneficial use of 
                water or reuse of recycled water;
                    ``(B) use integrated and coordinated water 
                management on a watershed or regional scale;
                    ``(C) increase the availability of usable water 
                supplies in a watershed or region to benefit 
                individuals, the economy, and the environment and 
                include adaptive measures needed to address climate 
                change and future demands;
                    ``(D) where practicable, provide flood control or 
                recreation benefits and include the development of 
                incremental hydroelectric power generation; and
                    ``(E) generate environmental benefits, such as 
                benefits to fisheries, wildlife and habitat, water 
                quality, water-dependent ecological systems, and water 
                supply benefits to agricultural and urban water users.
            ``(4) Federal cost share.--The Federal share of the cost of 
        a project under this subsection shall be--
                    ``(A) an amount equal to the lesser of--
                            ``(i) 25 percent of total costs; and
                            ``(ii) $20,000,000 (adjusted for 
                        inflation); and
                    ``(B) nonreimbursable.
            ``(5) In-kind contributions.--The non-Federal share of the 
        cost of a project under this subsection may include in-kind 
        contributions to the planning, design, and construction of the 
        project.
            ``(6) Title; operation and maintenance costs.--The non-
        Federal entity entering into a financial assistance agreement 
        under this subsection shall--
                    ``(A) hold title in and to all facilities 
                constructed under this subsection, and
                    ``(B) be solely responsible for the costs of 
                operating and maintaining those facilities.''; and
            (3) in subsection (f) (as redesignated by paragraph (1)), 
        by striking ``$350,000,000'' and inserting ``$500,000,000''.
    (c) Amendment.--Section 9508 of the Omnibus Public Land Management 
Act of 2009 (42 U.S.C. 10368) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Additional Assistance for Communities Without Access to 
Adequate Water.--
            ``(1) In general.--To assist disadvantaged communities that 
        have experienced a significant decline in quantity or quality 
        of drinking water, and to obtain or maintain adequate 
        quantities of water that meet the standards set by the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.), the 
        Secretary of the Interior is authorized to provide grants for 
        communities--
                    ``(A) that are unable to meet the primary water 
                quality standards under that Act; or
                    ``(B) the local private or public water supply of 
                which has been lost or severely diminished due to 
                drought conditions.
            ``(2) Eligible communities.--To be eligible to receive a 
        grant under this subsection, a community shall carry out a 
        project described in paragraph (3), the service area of which--
                    ``(A) shall not be located in any city or town with 
                a population of more than 60,000 residents; and
                    ``(B) has a median household income of less than 
                100 percent of the nonmetropolitan median household 
                income of the State.
            ``(3) Eligible projects.--Projects eligible for this 
        program may be used for--
                    ``(A) emergency water supplies;
                    ``(B) point of use treatment and point of entry 
                systems;
                    ``(C) distributed treatment facilities;
                    ``(D) construction of new water source facilities 
                including wells and connections to existing systems;
                    ``(E) water distribution facilities;
                    ``(F) connection fees to existing systems;
                    ``(G) assistance to households to connect to water 
                facilities; and
                    ``(H) any combination of activities described in 
                subparagraphs (A) through (G).
            ``(4) Prioritization.--In determining priorities for 
        funding projects, the Secretary of the Interior shall take into 
        consideration--
                    ``(A) where water outages--
                            ``(i) are most serious; and
                            ``(ii) pose the greatest threat to public 
                        health and safety; and
                    ``(B) whether the applicant has the ability to 
                qualify for alternative funding sources.
            ``(5) Maximum amount.--The amount of a grant provided under 
        this section may be made up to 100 percent of costs, 
        including--
                    ``(A) initial operation costs incurred for start-up 
                and testing of project facilities;
                    ``(B) components to ensure such facilities and 
                components are properly operational; and
                    ``(C) costs of operation or maintenance incurred 
                subsequent to placing the facilities or components into 
                service.''.

SEC. 102. UTILIZING STATE REVOLVING FUNDS FOR AREAS WITH INADEQUATE 
              WATER SUPPLIES.

    (a) In General.--For the 5-year period beginning on the date of 
enactment of this Act, in allocating amounts to California from the 
Clean Water State Revolving Fund established under title VI of the 
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the 
Drinking Water State Revolving Fund established under section 1452 of 
the Safe Drinking Water Act (42 U.S.C. 300j-12) for any project 
eligible to receive assistance under section 603 of the Federal Water 
Pollution Control Act (33 U.S.C. 1383) or section 1452(a)(2) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)), respectively, that 
the State of California determines will provide additional water 
supplies most expeditiously to areas that are at risk of having an 
inadequate supply of water for public health and safety purposes or to 
improve resiliency to drought, the Administrator of the Environmental 
Protection Agency shall--
            (1) require the State of California to review and 
        prioritize funding;
            (2) make a finding on any request for a waiver received 
        from the State of California by not later than 30 days after 
        the date of conclusion of the informal public comment period 
        pursuant to section 436(c) of division G of Public Law 113-76 
        (128 Stat. 347); and
            (3) authorize, at the request of the State of California, 
        40-year financing for assistance under section 603(d)(2) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or 
        section 1452(f)(2) of the Safe Drinking Water Act (42 U.S.C. 
        300j-12(f)(2)), as applicable.
    (b) Effect of Section.--Nothing in this section authorizes the 
Administrator of the Environmental Protection Agency to modify any 
funding allocation, funding criteria, or other requirement relating to 
State water pollution control revolving funds established under title 
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) 
or the State drinking water treatment revolving loan funds established 
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) 
for any State other than California.

                     Subtitle B--Storage Provisions

SEC. 111. DEFINITIONS.

    In this subtitle:
            (1) Federally owned storage project.--The term ``federally 
        owned storage project'' means any project involving a surface 
        water storage facility in a Reclamation State--
                    (A) to which the United States holds title; and
                    (B) that was authorized to be constructed, 
                operated, and maintained pursuant to the reclamation 
                laws.
            (2) State-led storage project.--The term ``State-led 
        storage project'' means any project in a Reclamation State 
        that--
                    (A) involves a ground water or surface water 
                storage facility constructed, operated, and maintained 
                by any State, department of a State, subdivision of a 
                State, or public agency organized pursuant to State 
                law; and
                    (B) provides a benefit in meeting any obligation 
                under Federal law (including regulations).

SEC. 112. WATER STORAGE PROJECT CONSTRUCTION.

    (a) Federally Owned Storage Projects.--
            (1) Agreements.--On the request of any State, any 
        department, agency, or subdivision of a State, or any public 
        agency organized pursuant to State law, the Secretary of the 
        Interior may negotiate and enter into an agreement on behalf of 
        the United States for the design, study, and construction or 
        expansion of any federally owned storage project in accordance 
        with this section.
            (2) Federal cost share.--Subject to the requirements of 
        this subsection, the Secretary of the Interior may participate 
        in a federally owned storage project in an amount equal to not 
        more than 50 percent of the total cost of the federally owned 
        storage project.
            (3) Commencement.--The construction of a federally owned 
        storage project that is the subject of an agreement under this 
        subsection shall not commence until the Secretary of the 
        Interior--
                    (A) determines that the proposed federally owned 
                storage project is feasible in accordance with the 
                reclamation laws;
                    (B) secures an agreement providing upfront funding 
                as is necessary to pay the non-Federal share of the 
                capital costs; and
                    (C) determines that, in return for the Federal 
                cost-share investment in the federally owned storage 
                project, at least a proportionate share of the project 
                benefits are Federal benefits, including water supplies 
                dedicated to specific purposes such as environmental 
                enhancement and wildlife refuges.
            (4) Environmental laws.--In participating in a federally 
        owned storage project under this subsection, the Secretary of 
        the Interior shall comply with all applicable environmental 
        laws, including the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
    (b) State-Led Storage Projects.--
            (1) In general.--Subject to the requirements of this 
        subsection, the Secretary of the Interior may participate in a 
        State-led storage project in an amount equal to not more than 
        25 percent of the total cost of the State-led storage project.
            (2) Request by governor.--Participation by the Secretary of 
        the Interior in a State-led storage project under this 
        subsection shall not occur unless--
                    (A) the participation has been requested by the 
                Governor of the State in which the State-led storage 
                project is located;
                    (B) the State or local sponsor determines, and the 
                Secretary of the Interior concurs, that--
                            (i) the State-led storage project is 
                        technically and financially feasible;
                            (ii) sufficient non-Federal funding is 
                        available to complete the State-led storage 
                        project; and
                            (iii) the State-led storage project 
                        sponsors are financially solvent;
                    (C) the Secretary of the Interior determines that, 
                in return for the Federal cost-share investment in the 
                State-led storage project, at least a proportional 
                share of the project benefits are the Federal benefits, 
                including water supplies dedicated to specific purposes 
                such as environmental enhancement and wildlife refuges; 
                and
                    (D) the Secretary of the Interior submits to 
                Congress a written notification of these 
                determinations.
            (3) Environmental laws.--When participating in a State-led 
        storage project under this subsection, the Secretary shall 
        comply with all applicable environmental laws, including the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            (4) Information.--When participating in a State-led storage 
        project under this subsection, the Secretary of the Interior--
                    (A) may rely on reports prepared by the sponsor of 
                the State-led storage project, including feasibility 
                (or equivalent) studies, environmental analyses, and 
                other pertinent reports and analyses; but
                    (B) shall retain responsibility for making the 
                independent determinations described in paragraph (2).
    (c) Authority To Provide Assistance.--The Secretary of the Interior 
may provide financial assistance under this subtitle to carry out 
projects within any Reclamation State, including--
            (1) Arizona;
            (2) California;
            (3) Colorado;
            (4) Idaho;
            (5) Kansas;
            (6) Montana;
            (7) Nebraska;
            (8) Nevada;
            (9) New Mexico;
            (10) North Dakota;
            (11) Oklahoma;
            (12) Oregon;
            (13) South Dakota;
            (14) Texas;
            (15) Utah;
            (16) Washington; and
            (17) Wyoming.
    (d) Rights To Use Capacity.--Subject to compliance with State water 
rights laws, the right to use the capacity of a federally owned storage 
project or State-led storage project for which the Secretary of the 
Interior has entered into an agreement under this subsection shall be 
allocated in such manner as may be mutually agreed to by the Secretary 
of the Interior and each other party to the agreement.
    (e) Compliance With California Water Bond.--
            (1) In general.--The provision of Federal funding for 
        construction of a State-led storage project in the State shall 
        be subject to the condition that the California Water 
        Commission shall determine that the State-led storage project 
        is consistent with the California Water Quality, Supply, and 
        Infrastructure Improvement Act, approved by California voters 
        on November 4, 2014.
            (2) Applicability.--This subsection expires on the date on 
        which State bond funds available under the Act referred to in 
        paragraph (1) are expended.
    (f) Partnership and Agreements.--The Secretary of the Interior, 
acting through the Commissioner, may partner or enter into an agreement 
regarding the water storage projects identified in section 103(d)(1) of 
the Water Supply, Reliability, and Environmental Improvement Act 
(Public Law 108-361; 118 Stat. 1688) with local joint powers 
authorities formed pursuant to State law by irrigation districts and 
other local water districts and local governments within the applicable 
hydrologic region, to advance those projects.
    (g) CALFED Authorization.--Title I of Public Law 108-361 (the 
CALFED Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 2860; 
128 Stat. 164; 128 Stat. 2312) (as amended by section 207 of Public Law 
114-113) is amended by striking ``2017'' each place it appears and 
inserting ``2019''.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $600,000,000 to remain available until 
        expended.
            (2) Eligibility.--Only a federally owned storage project or 
        State-led storage project that has been determined by the 
        Secretary of the Interior to meet the eligibility criteria 
        described in subsections (a) and (b) shall be eligible to 
        receive funding under this section.
    (i) Sunset.--This section shall apply only to federally owned 
storage projects and State-led storage projects that the Secretary of 
the Interior determines to be feasible before January 1, 2021.
    (j) Consistency With State Law.--Nothing in this section preempts 
or modifies any obligation of the United States to act in conformance 
with applicable State law.

SEC. 113. RESERVOIR OPERATION IMPROVEMENT.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of the Army shall submit to the Committees on 
Appropriations and Environment and Public Works of the Senate and the 
Committees on Appropriations and Transportation and Infrastructure of 
the House of Representatives a report describing, with respect to any 
State under a gubernatorial drought declaration during water year 2015, 
the following:
            (1) A list of Corps of Engineer projects and non-Federal 
        projects operated for flood control in accordance with rules 
        prescribed by the Secretary of the Army pursuant to section 7 
        of the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 890, chapter 665)).
            (2) The year during which the original water control manual 
        was approved.
            (3) The year during which any subsequent revisions to the 
        water control plan and manual of the project are proposed to 
        occur.
            (4) A list of projects for which operational deviations for 
        drought contingency have been requested, and the status of the 
        request.
            (5) The means by which water conservation and water quality 
        improvements were addressed.
            (6) A list of projects for which permanent or seasonal 
        changes to storage allocations have been requested, and the 
        status of the request.
    (b) Project Identification.--Not later than 60 days after the date 
of completion of the report under subsection (a), the Secretary of the 
Army shall identify any projects described in the report that meet the 
following criteria:
            (1) The project is located in a State in which a drought 
        emergency has been declared or was in effect during the 1-year 
        period preceding the date of final review by the Secretary.
            (2) The water control manual and hydrometeorological 
        information establishing the flood control rule curves of the 
        project are considered out of date as a result of not being 
        updated for a period of 20 years.
            (3) A non-Federal sponsor of a Corps of Engineers project, 
        or owner of a non-Federal project, as applicable, has submitted 
        to the Secretary a written request to revise water operations 
        manuals, including flood control rule curves, based on the use 
        of improved weather forecasting or run-off forecasting methods, 
        new watershed data, changes to project operations, or 
        structural improvements.
    (c) Pilot Projects.--
            (1) In general.--Not later than 1 year after the date of 
        identification of projects under subsection (b), if any, the 
        Secretary of the Army shall carry out not more than 15 pilot 
        projects, including not less than 6 non-Federal projects 
        (within the meaning of subsection (a)(1)), if any are 
        identified under subsection (b), to implement revisions of 
        water operations manuals, including flood control rule curves, 
        based on the best available science, which may include--
                    (A) forecast-informed operations;
                    (B) new watershed data; and
                    (C) if applicable, in the case of non-Federal 
                projects, structural improvements.
            (2) Consultation.--In implementing the pilot projects 
        pursuant to this subsection, the Secretary of the Army shall 
        consult with all affected interests, including--
                    (A) non-Federal entities responsible for operations 
                and maintenance costs of a Corps of Engineers facility;
                    (B) affected water rights holders;
                    (C) individuals and entities with storage 
                entitlements; and
                    (D) local agencies with flood control 
                responsibilities downstream of a Corps of Engineers 
                facility.
    (d) Coordination With Non-Federal Project Entities.--Before 
carrying out an activity under this section, if a project identified 
under subsection (b) is--
            (1) a non-Federal project, the Secretary of the Army 
        shall--
                    (A) consult with the non-Federal project owner; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with the non-
                Federal project owner describing the scope and goals of 
                the activity and the coordination among the parties; or
            (2) owned and operated by the Corps of Engineers, the 
        Secretary of the Army shall--
                    (A) consult with each non-Federal entity (including 
                a municipal water district, irrigation district, joint 
                powers authority, or other local governmental entity) 
                that currently--
                            (i) manages (in whole or in part) a Corps 
                        of Engineers dam or reservoir; or
                            (ii) is responsible for operations and 
                        maintenance costs; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with each entity 
                describing the scope and goals of the activity and the 
                coordination among the parties.
    (e) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan, the Secretary of the Army shall 
work closely with the National Oceanic and Atmospheric Administration 
and may consider--
            (1) the relationship between ocean and atmospheric 
        conditions, including the El Nino and La Nina cycles, and the 
        potential for above-normal, normal, and below-normal rainfall 
        for the coming water year, including consideration of 
        atmospheric river forecasts;
            (2) the precipitation and runoff index specific to the 
        basin and watershed of the relevant dam or reservoir, including 
        incorporating knowledge of hydrological and meteorological 
        conditions that influence the timing and quantity of runoff;
            (3) improved hydrologic forecasting for precipitation, 
        snowpack, and soil moisture conditions;
            (4) an adjustment of operational flood control rule curves 
        to optimize water supply storage and reliability, hydropower 
        production, environmental benefits for flows and temperature, 
        and other authorized project benefits, without a reduction in 
        flood safety; and
            (5) proactive management in response to changes in 
        forecasts.
    (f) Funding.--
            (1) Definition of operational document.--In this 
        subsection, the term ``operational document'' means--
                    (A) a water control plan;
                    (B) a water control manual;
                    (C) a water control diagram;
                    (D) a release schedule;
                    (E) a rule curve;
                    (F) an operational agreement with a non-Federal 
                entity; and
                    (G) any environmental documentation associated with 
                a document described in any of subparagraphs (A) 
                through (F).
            (2) Acceptance and use.--The Secretary of the Army may 
        accept and expend amounts from non-Federal entities to fund all 
        or a portion of the cost of carrying out a review or revision 
        of operational documents for any reservoir that is either 
        operated or maintained by the Secretary, or for which the 
        Secretary is authorized to prescribe regulations or otherwise 
        advise or consult concerning the use of storage allocated for 
        flood risk management or navigation.
    (g) Effect of Manual Revisions and Other Provisions.--
            (1) Manual revisions.--In accordance with all applicable 
        laws, a revision of a manual shall not interfere with--
                    (A) the authorized purposes of a Corps of Engineers 
                project; or
                    (B) the existing purposes of a non-Federal project 
                that is regulated for flood control by the Secretary of 
                the Army.
            (2) Effect.--
                    (A) Act.--Nothing in this Act authorizes the 
                Secretary of the Army to carry out, at a Corps of 
                Engineers or non-Federal dam or reservoir, any project 
                or activity for a purpose not otherwise authorized as 
                of the date of enactment of this Act.
                    (B) Section.--Nothing in this section--
                            (i) affects or modifies any obligation of 
                        the Secretary of the Army under State law; or
                            (ii) authorizes the diversion or use of 
                        water in a manner that is inconsistent with 
                        State water rights law.
            (3) Bureau of reclamation projects excluded.--This section 
        shall not apply to any dam or reservoir owned by the Bureau of 
        Reclamation.
    (h) Modifications to Manuals and Curves.--Not later than 180 days 
after the date of completion of a modification to an operations manual 
or flood control rule curve, the Secretary of the Army shall submit to 
Congress a report regarding the components of the forecast-based 
reservoir operations plan incorporated into the change.

SEC. 114. FINDINGS.

    Congress finds that--
            (1) the record drought conditions being experienced in the 
        State of California as of the date of enactment of this Act 
        are--
                    (A) expected to recur in the future; and
                    (B) likely to do so with increasing frequency;
            (2) water storage is an indispensable and integral part of 
        any solution to address the long-term water challenges of the 
        State of California;
            (3) Congress has authorized relevant feasibility studies 
        for 5 water storage projects in the State of California, 
        including projects for--
                    (A) enlargement of Shasta Dam in Shasta County 
                under section 2(a) of Public Law 96-375 (94 Stat. 
                1506), as reaffirmed under section 103(d)(1)(A)(i)(I) 
                of Public Law 108-361 (118 Stat. 1684);
                    (B) enlargement of Los Vaqueros Reservoir in Contra 
                Costa County under section 215 of Public Law 108-7 (117 
                Stat. 147), as reaffirmed under section 
                103(d)(1)(A)(i)(II) of Public Law 108-361 (118 Stat. 
                1684);
                    (C) construction of North-of-Delta Offstream 
                Storage (Sites Reservoir) in Colusa County under 
                section 215 of Public Law 108-7 (117 Stat. 147), as 
                reaffirmed under section 103(d)(1)(A)(ii)(I) of Public 
                Law 108-361 (118 Stat. 1684);
                    (D) construction of the Upper San Joaquin River 
                storage (Temperance Flat) in Fresno and Madera Counties 
                under section 215 of Public Law 108-7 (117 Stat. 147), 
                as reaffirmed under section 103(d)(1)(A)(ii)(II) of 
                Public Law 108-361 (118 Stat. 1684); and
                    (E) expansion of San Luis Reservoir under section 
                103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694);
            (4) as of the date of enactment of this Act, more than 10 
        years have elapsed since the authorization of the feasibility 
        studies referred to in paragraph (3), but for a variety of 
        reasons the slow pace of work on completion of the feasibility 
        studies for those 5 water storage projects is unjustified and 
        of deep concern; and
            (5) there is significant public interest in, and urgency 
        with respect to, completing all feasibility studies and 
        environmental reviews for the water storage projects referred 
        to in paragraph (3), given the critical need for that 
        infrastructure to address current and future water challenges 
        of the State of California.

SEC. 115. STUDIES.

    The Secretary of the Interior, through the Commissioner, shall--
            (1) complete the Upper San Joaquin River (Temperance Flat) 
        feasibility study described in clause (ii)(II) of section 
        103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684) and submit 
        the study to the appropriate committees of the House of 
        Representatives and the Senate not later than March 31, 2016;
            (2) complete the Los Vaqueros Reservoir feasibility study 
        described in clause (i)(II) of section 103(d)(1)(A) of Public 
        Law 108-361 (118 Stat. 1684) and submit the study to the 
        appropriate committees of the House of Representatives and the 
        Senate not later than November 30, 2016;
            (3) complete the North-of-Delta Offstream Storage (Sites 
        Reservoir) feasibility study described in clause (ii)(I) of 
        section 103(d)(1)(A) of Public Law 108-361 (118 Stat. 1684) and 
        submit the study to the appropriate committees of the House of 
        Representatives and the Senate not later than November 30, 
        2017;
            (4) complete the San Luis Reservoir feasibility study 
        described in section 103(f)(1)(A) of Public Law 108-361 (118 
        Stat. 1694) and submit the study to the appropriate committees 
        of the House of Representatives and the Senate not later than 
        December 31, 2017;
            (5) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of 
        enactment of this Act and every 180 days thereafter until 
        December 31, 2017, as applicable, which report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and records 
        of decision;
            (6) document, delineate, and publish costs directly 
        relating to the engineering and construction of a water storage 
        project separately from the costs resulting from regulatory 
        compliance or the construction of auxiliary facilities 
        necessary to achieve regulatory compliance if the Secretary of 
        the Interior determines in any feasibility study required under 
        this subsection, reclamation laws, the Central Valley Project 
        Improvement Act (Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
        other applicable law, that the project is not feasible;
            (7) include information required in paragraph (7) in the 
        feasibility studies issued pursuant paragraphs (1) through (5), 
        as applicable; and
            (8) communicate, coordinate, and cooperate with public 
        water agencies that--
                    (A) contract with the United States for Central 
                Valley Project water; and
                    (B) are expected to participate in the cost pools 
                that will be created for the projects proposed in the 
                feasibility studies under this section.

SEC. 116. LOSSES CAUSED BY CONSTRUCTION AND OPERATION OF WATER STORAGE 
              PROJECTS.

    The Secretary of the Interior, in consultation with other 
appropriate agencies, shall establish a process to address direct and 
substantial impacts caused by any storage projects identified under 
section 115.

 Subtitle C--Desalination, Water Reuse and Recycling, and Conservation

SEC. 121. WATER RECYCLING AND DESALINATION PROJECTS.

    (a) Findings.--Congress finds that--
            (1) Federal funding to support water recycling and 
        desalination projects in recent years has been insufficient to 
        address water supply needs in many regions across the United 
        States;
            (2) climate variability and drought resiliency require 
        additional water supply projects to cope with higher 
        probabilities of longer, more intense droughts;
            (3) the historic drought in the State of California 
        highlights the necessity of long-term projects to address a 
        changing climate;
            (4) the California Water Plan and surveys conducted by the 
        National Association of Clean Water Agencies, the Water Reuse 
        Association, the Association of California Water Agencies, the 
        Western Recycled Water Coalition, and the California 
        Association of Sanitation Agencies led to the identification of 
        137 water recycling and desalination projects capable of 
        producing 1,412,799 acre-feet of new water supplies if 
        sufficient funding or financing tools existed to facilitate 
        development of the projects;
            (5) there exists a Federal interest in the projects 
        referred to in paragraph (4) to the extent that the projects 
        can--
                    (A) diversify water supplies;
                    (B) reduce conflicts hindering existing Federal 
                reclamation efforts on the Colorado River and around 
                the Delta; and
                    (C) advance technologies which reduce the cost and 
                improve the efficiency of water desalination projects; 
                and
            (6) this Act will enable Federal support for desalination 
        projects, including the projects referred to in paragraph (4) 
        and others by providing Federal cost-share grants, through the 
        Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
        Law 104-298), the Reclamation Wastewater and Groundwater Study 
        and Facilities Act (43 U.S.C. 390h et seq.), and the WaterSMART 
        program of the Department of the Interior, and by making low-
        cost loans or loan guarantees available under subtitle D.
    (b) Water Recycling Projects.--On submission of a completed 
feasibility report in accordance with Bureau of Reclamation standards, 
the Secretary of the Interior shall review requests for water recycling 
project funding assistance and, subject to the availability of 
appropriations, award funding, on a competitive basis, for projects 
that meet the eligibility requirements of this title, subject to the 
condition that the Secretary shall include among the projects reviewed 
watercycling projects sponsored by any of the following:
            (1) Bear Valley Community Services District.
            (2) Beaumont Cherry Valley Water District.
            (3) Burbank Water and Power.
            (4) Cambria Community Services District.
            (5) Central Contra Costa Sanitary District.
            (6) City of American Canyon.
            (7) City of Benicia.
            (8) City of Brentwood.
            (9) City of Camarillo.
            (10) City of Carlsbad (Municipal Water District).
            (11) City of Corona Department of Water and Power.
            (12) City of Daly City.
            (13) City of Del Mar.
            (14) City of Escondido.
            (15) City of Fresno.
            (16) City of Hayward.
            (17) City of Los Angeles (Bureau of Sanitation and 
        Department of Water and Power).
            (18) City of Modesto.
            (19) City of Morro Bay.
            (20) City of Mountain View.
            (21) City of Oceanside.
            (22) City of Palo Alto.
            (23) City of Paso Robles.
            (24) City of Pismo Beach.
            (25) City of Pleasanton.
            (26) City of Poway.
            (27) City of Redwood City.
            (28) City of Riverside.
            (29) City of Roseville.
            (30) City of Sacramento.
            (31) City of San Bernardino.
            (32) City of San Diego.
            (33) City of San Luis Obispo.
            (34) City of Santa Barbara.
            (35) City of Santa Rosa.
            (36) City of Shasta Lake.
            (37) City of Sunnyvale.
            (38) City of Turlock.
            (39) City of Vacaville.
            (40) City of Ventura.
            (41) City of Visalia.
            (42) Clear Creek Community Services District.
            (43) Coachella Valley Water District.
            (44) Cucamonga Valley Water District.
            (45) Delta Diablo Sanitation District.
            (46) Desert Water Agency.
            (47) Dublin San Ramon Services District.
            (48) East Bay Municipal Utility District.
            (49) East Valley Water District.
            (50) Eastern Municipal Water District.
            (51) El Dorado Irrigation District.
            (52) Fallbrook Public Utility District.
            (53) Goleta Water District.
            (54) Helendale Community Services District.
            (55) Hi-Desert Water District.
            (56) Idyllwild Water District.
            (57) Inland Empire Utilities Agency.
            (58) Ironhouse Sanitary District.
            (59) Irvine Ranch Water District.
            (60) Las Virgenes Municipal Water District.
            (61) Leucadia Wastewater District.
            (62) Long Beach Water Department.
            (63) Los Carneros Water District.
            (64) Marin Municipal Water District.
            (65) Metropolitan Water District/Los Angeles Sanitation 
        District.
            (66) Monterey Regional Water Pollution Control Agency.
            (67) Napa County Department of Public Works.
            (68) North Bay Water Reuse Authority.
            (69) North Marin Water District.
            (70) Novato Sanitary District.
            (71) Olivenhain Municipal Water District.
            (72) Orange County Sanitation District.
            (73) Orange County Water District.
            (74) Otay Water District.
            (75) Padre Dam Municipal Water District.
            (76) Pajaro Valley Water Management Agency.
            (77) Paradise Irrigation District.
            (78) Pebble Beach Community Services District.
            (79) Rainbow Municipal Water District.
            (80) Ramona Municipal Water District.
            (81) Rancho California Water District.
            (82) Rincon Del Diablo Municipal Water District.
            (83) Sacramento Regional County Sanitation District.
            (84) San Bernardino County Special Districts.
            (85) San Francisco Public Utilities Commission.
            (86) San Jose Water Company.
            (87) San Luis Obispo County.
            (88) Santa Clara Valley Water District.
            (89) Santa Clarita Valley Sanitation District.
            (90) Santa Fe Irrigation District.
            (91) Santa Margarita Water District.
            (92) Sausalito-Marin City Sanitary District.
            (93) Sonoma County Water Agency.
            (94) South Orange County Wastewater Authority.
            (95) South Tahoe Public Utility District.
            (96) Sunnyslope County Water District.
            (97) Town of Yountville.
            (98) Tuolumne Utilities District.
            (99) Upper San Gabriel Valley Municipal Water District.
            (100) Valley Center Municipal Water District.
            (101) Valley Sanitary District.
            (102) Ventura County Waterworks District No. 8.
            (103) Victor Valley Wastewater Reclamation Authority.
            (104) Water Replenishment District of Southern California.
            (105) West Basin Municipal Water District.
            (106) West Bay Sanitary District.
            (107) West County Wastewater District.
            (108) Western Municipal Water District of Riverside County.
            (109) Western Riverside County Regional Wastewater 
        Authority.
            (110) Yucaipa Valley Water District.
    (c) Federal Support for Water Recycling Projects.--Water recycling 
and reuse projects described in subsection (b) may compete for funding 
authorized under the following sections of this title if the projects 
meet applicable eligibility requirements, subject to the condition that 
no particular project receive Federal grant funding from more than one 
Federal grant program:
            (1) Section 101, which amends section 9504 (WaterSMART) of 
        the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
        10364) and authorizes $200,000,000 in additional Federal 
        assistance for water storage and conveyance facilities, 
        integrated regional water management, reclamation and recycling 
        projects, and ground water recharge.
            (2) Section 123, which amends the Reclamation Wastewater 
        and Groundwater Study and Facilities Act (43 U.S.C. 390h) and 
        authorizes $150,000,000 in Federal assistance for water 
        recycling and reuse projects.
            (3) Subtitle D, which authorizes the Secretary of the 
        Interior to provide Federal assistance to finance the 
        development of critical water resource infrastructure through 
        loans and loan guarantees to qualified applicants.
    (d) Federal Support for Desalination Projects.--
            (1) Eligibility.--On submission of a completed feasibility 
        report in accordance with Bureau of Reclamation standards, the 
        Secretary of the Interior shall review requests for water 
        desalination funding assistance and, subject to the 
        availability of appropriations, award funding on a competitive 
        basis for projects that meet the eligibility requirements of 
        this title, subject to the condition that the Secretary shall 
        include among the projects reviewed the following desalination 
        projects referred to in the 2013 California Water Plan or in an 
        integrated regional water management plan accepted by the State 
        of California:
                    (A) Cambria Desalination Project.
                    (B) Camp Pendleton Seawater Desalination Project.
                    (C) Chino Basin Desalter 3.
                    (D) Doheny Ocean Desalination Project.
                    (E) GREAT Program Groundwater Desalination Facility 
                Expansion.
                    (F) Huntington Beach Seawater Desalination Project.
                    (G) Irvine Non-Potable Shallow Groundwater Unit 
                Desalter.
                    (H) Irvine Ranch Water District Wells 51, 52, 53, 
                21, and 22 Potable (Non-exempt) Desalter Plant.
                    (I) Long Beach Seawater Desalination Project.
                    (J) Marina Desalination Facility Expansion.
                    (K) Mission Valley Brackish Groundwater Recovery 
                Project.
                    (L) Monterey Bay Regional Water Project 
                Desalination Facility (Moss Landing).
                    (M) Monterey Peninsula Water Supply Project.
                    (N) Monterey Peninsula Water Supply Project (Ocean 
                Desalination/Groundwater Replenishment).
                    (O) Moorpark Groundwater Desalter.
                    (P) North Pleasant Valley Groundwater Desalter.
                    (Q) Oceanside Ocean Desalination Project (San Luis 
                Rey Basin).
                    (R) Perris II Desalter.
                    (S) Ramona Desalting Facility.
                    (T) San Diego Formation/Balboa Park Groundwater 
                Desalination Facility.
                    (U) San Elijo Valley Groundwater Project.
                    (V) Bay Area Regional Desalination Project.
                    (W) San Pasqual Brackish Groundwater Recovery 
                Project.
                    (X) Santa Cruz/Soquel Creek Water District 
                Desalination Plant.
                    (Y) South Orange Coastal Ocean Desalination 
                Project.
                    (Z) West Basin Seawater Desalination Regional 
                Project.
                    (AA) West Simi Valley Desalter.
            (2) Funding.--Desalination projects described in subsection 
        (1) may compete for funding authorized under the following 
        sections of this title if the projects meet applicable 
        eligibility requirements, subject to the condition that no 
        particular project receive Federal grant funding from more than 
        one Federal program:
                    (A) Section 101, which amends section 9504 
                (WaterSMART) of the Omnibus Public Land Management Act 
                of 2009 (42 U.S.C. 10364) and authorizes $200,000,000 
                in additional Federal assistance for water storage and 
                conveyance facilities, integrated regional water 
                management, reclamation and recycling projects, and 
                ground water recharge.
                    (B) Section 122, which reauthorizes the Water 
                Desalination Act of 1996 (42 U.S.C. 10301; Public Law 
                104-298) as amended, and authorizes $100,000,000 in 
                Federal assistance for desalination research, 
                demonstration projects, and desalination project 
                feasibility and design.
                    (C) Section 123, which amends the Reclamation 
                Wastewater and Groundwater Study and Facilities Act (43 
                U.S.C. 390h) and authorizes $150,000,000 in Federal 
                assistance for water recycling and reuse projects.
                    (D) Subtitle D, which authorizes the Secretary of 
                the Interior to provide Federal assistance to finance 
                the development of critical water resource 
                infrastructure through loans and loan guarantees to 
                qualified applicants.

SEC. 122. REAUTHORIZATION OF WATER DESALINATION ACT.

    (a) Authorization of Research and Studies.--
            (1) In general.--Section 3 of the Water Desalination Act of 
        1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by 
        adding at the end the following:
    ``(e) Prioritization.--In carrying out this section, the Secretary 
of the Interior shall prioritize funding for research--
            ``(1) to reduce energy consumption and lower the cost of 
        seawater and brackish water desalination;
            ``(2) to reduce the environmental impacts of seawater 
        desalination, including subsurface intakes and other 
        technological improvements, and develop technology and 
        strategies to mitigate those impacts;
            ``(3) to improve existing reverse osmosis and membrane 
        technology;
            ``(4) to carry out basic and applied research on next 
        generation desalination technologies, including graphene 
        membranes, forward osmosis, hybrid membrane-thermal 
        desalination, improved energy recovery systems, and renewable 
        energy-powered desalination systems that could significantly 
        reduce desalination costs;
            ``(5) to develop portable or modular desalination units 
        capable of providing temporary emergency water supplies for 
        domestic or military deployment purposes; and
            ``(6) to encourage development of desalination siting 
        plans, including maps of preferred and priority locations, by 
        States that consider local and regional water supply needs and 
        sources, potential impacts on coastal and ocean resources and 
        fisheries, the effects of sea level rise and other factors that 
        affect project siting.''.
    (b) Desalination Demonstration and Development.--Section 4 of the 
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Feasibility and design.--Award grants and enter into 
        contracts with non-Federal project sponsors to provide 
        financial assistance to study the feasibility and support the 
        design of desalination facilities (including associated water 
        distribution infrastructure) that provide usable water.''; and
            (2) by adding at the end the following:
    ``(c) Prioritization.--In carrying out demonstration and 
development activities under subsection (a), the Secretary of the 
Interior shall prioritize projects--
            ``(1) in drought-stricken States and communities;
            ``(2) in States for which funding has been authorized for 
        desalination demonstration and development projects; and
            ``(3) that can reduce reliance on imported water supplies 
        that have an impact on species listed under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    ``(d) Criteria for Eligibility.--In carrying out this section, the 
Secretary of the Interior shall establish criteria to determine 
projects eligible for grant funding based on the ability of the 
projects to provide regional water supply benefits, including--
            ``(1) improving water supply reliability in regions subject 
        to frequent and severe drought;
            ``(2) enhancement of public health, safety, ecosystems, and 
        watershed sustainability;
            ``(3) preservation of groundwater through reduction of 
        withdrawals from aquifers;
            ``(4) offsetting demand for water conveyed from 
        environmentally sensitive areas outside service area of the 
        project; and
            ``(5) mitigation of saltwater intrusion to aquifers.''.
    (c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) in the first sentence, by striking ``The Federal 
        share'' and inserting the following:
    ``(a) Maximum.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        subsection (b) and limited to the 5 years following the date of 
        enactment of the California Emergency Drought Relief Act, the 
        Federal share'';
            (2) in the second sentence, by striking ``A Federal'' and 
        inserting the following:
    ``(b) Feasibility Determination.--A Federal'';
            (3) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
    ``(c) Procedures.--The Secretary'';
            (4) in the fourth sentence, by striking ``Costs'' and 
        inserting the following:
    ``(d) Operation, Maintenance, Repair, and Rehabilitation.--The 
costs''; and
            (5) in subsection (a) (as designated by paragraph (1)), by 
        adding at the end the following:
            ``(2) Exception.--The Federal share of the cost of project 
        design under section 4 shall not exceed 25 percent of the total 
        cost of the project design.''.
    (d) Authorization of Appropriations.--In order to advance water 
desalination research and project development, section 8 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended--
            (1) in subsection (a), in the first sentence--
                    (A) by striking ``$5,000,000'' and inserting 
                ``$10,000,000''; and
                    (B) by striking ``2013'' and inserting ``2020''; 
                and
            (2) in subsection (b), by striking ``$3,000,000 for each of 
        fiscal years 2012 through 2013'' and inserting ``$50,000,000 
        for the period of fiscal years 2016 through 2020''.
    (e) Consultation.--Section 9 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``In carrying out the provisions of'' in 
        the first sentence and inserting the following:

``SEC. 9. CONSULTATION AND COORDINATION.

    ``(a) Consultation.--In carrying out'';
            (2) in the second sentence, by striking ``The 
        authorization'' and inserting the following:
    ``(b) Other Desalination Programs.--The authorization''; and
            (3) by inserting after subsection (b) (as so designated) 
        the following:
    ``(c) Coordination of Federal Desalination Research and 
Development.--For the effective period of the California Emergency 
Drought Relief Act, the White House Office of Science and Technology 
Policy shall develop a coordinated strategic plan that--
            ``(1) establishes priorities for future Federal investments 
        in desalination; and
            ``(2) coordinates the activities of Federal agencies 
        involved in desalination, including the Bureau of Reclamation, 
        the National Science Foundation, the Office of Naval Research 
        of the Department of Defense, the National Laboratories of the 
        Department of Energy, the United States Geological Survey, the 
        Environmental Protection Agency, and the National Oceanic and 
        Atmospheric Administration.''.

SEC. 123. NEW WATER RECYCLING AND REUSE PROJECTS.

    Section 1602 of the Reclamation Wastewater and Groundwater Study 
and Facilities Act (43 U.S.C. 390h) is amended by adding at the end the 
following:
    ``(e) Authorization of New Water Recycling and Reuse Projects.--
            ``(1) In general.--A non-Federal interest may submit to the 
        Secretary of the Interior proposals for eligible projects in 
        the form of completed feasibility studies.
            ``(2) Authority to provide assistance.--The Secretary of 
        the Interior may provide financial assistance under this 
        subtitle to carry out projects within--
                    ``(A) any Reclamation State, including--
                            ``(i) Arizona;
                            ``(ii) California;
                            ``(iii) Colorado;
                            ``(iv) Idaho;
                            ``(v) Kansas;
                            ``(vi) Montana;
                            ``(vii) Nebraska;
                            ``(viii) Nevada;
                            ``(ix) New Mexico;
                            ``(x) North Dakota;
                            ``(xi) Oklahoma;
                            ``(xii) Oregon;
                            ``(xiii) South Dakota;
                            ``(xiv) Texas;
                            ``(xv) Utah;
                            ``(xvi) Washington; and
                            ``(xvii) Wyoming; and
                    ``(B) the States of Alaska and Hawaii.
            ``(3) Eligible projects.--A project shall be considered to 
        be eligible for consideration under this subsection if the 
        project reclaims and reuses--
                    ``(A) municipal, industrial, domestic, or 
                agricultural wastewater; or
                    ``(B) impaired groundwater or surface water.
            ``(4) Guidelines.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary of 
                the Interior shall issue water recycling project 
                solicitation and evaluation guidelines that include the 
                criteria described in subsection (f)(3).
                    ``(B) Review.--In accordance with the priorities 
                and criteria described in subsection (f), the Secretary 
                of the Interior shall review each feasibility study 
                received under paragraph (1) to determine whether the 
                study, and the process under which the study was 
                developed, comply with Federal laws (including 
                regulations) applicable to feasibility studies of water 
                recycling and reuse projects.
    ``(f) Competitive Grant Funding of Water Recycling and Reuse 
Projects.--
            ``(1) In general.--The Secretary of the Interior shall 
        administer a competitive grant program under which the non-
        Federal project sponsor of any project determined by the 
        Secretary of the Interior to be feasible under subsection 
        (e)(2) shall be eligible to apply for funding for the planning, 
        design, and construction of the project.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of the Interior to carry 
        out this subsection $200,000,000, to remain available until 
        expended.''.

SEC. 124. PROMOTING WATER EFFICIENCY WITH WATERSENSE.

    (a) Authorization.--The Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator'') is authorized to continue to carry out the voluntary 
program, known as the ``WaterSense Program'', to identify and promote 
water efficient products, buildings, landscapes, facilities, processes, 
and services so as--
            (1) to reduce water use;
            (2) to reduce the strain on water, wastewater, and 
        stormwater infrastructure;
            (3) to conserve energy used to pump, heat, transport, and 
        treat water; and
            (4) to preserve water resources for future generations, 
        through voluntary labeling of, or other forms of communications 
        regarding, products, buildings, landscapes, facilities, 
        processes, and services that meet the highest water efficiency 
        and performance criteria.
    (b) Review.--Not less frequently than once every 4 years, the 
Administrator shall regularly review and, if appropriate, update 
WaterSense criteria that have been adopted for the voluntary labeling 
of categories of products, buildings, landscapes, facilities, 
processes, and services.
    (c) Transparency.--The Administrator shall, to the maximum extent 
practicable, regularly estimate and make available to the public the 
production and relative market shares of, and the savings of water, 
energy, and capital costs of water, wastewater, and stormwater 
infrastructure attributable to the use of WaterSense-labeled products, 
buildings, landscapes, facilities, processes, and services, at least 
annually.
    (d) Public Comment.--Prior to establishing or revising a WaterSense 
category, specification, installation criterion, or other criterion, 
the Administrator shall--
            (1) solicit comments from interested parties and the 
        public; and
            (2) provide reasonable notice to interested parties and the 
        public of any changes (including effective dates), on the 
        adoption of a new or revised category, specification, 
        installation criterion, or other criterion.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the WaterSense program of the Environmental 
Protection Agency $2,500,000 for each of fiscal years 2016 through 
2019.

     Subtitle D--Reclamation Infrastructure Finance and Innovation

SEC. 131. PURPOSES.

    The purposes of this subtitle are--
            (1) to promote increased development of critical water 
        resources infrastructure by establishing additional 
        opportunities for financing water resources projects;
            (2) to attract new investment capital to infrastructure 
        projects that are capable of generating revenue streams through 
        user fees or other dedicated funding sources;
            (3) to complement existing Federal funding sources and 
        address budgetary constraints on Bureau of Reclamation 
        programs; and
            (4) to leverage private investment in water resources 
        infrastructure.

SEC. 132. DEFINITIONS.

    In this subtitle:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a corporation;
                    (B) a partnership;
                    (C) a joint venture;
                    (D) a trust;
                    (E) a State, or local governmental entity, agency, 
                or instrumentality; and
                    (F) a conservancy district, irrigation district, 
                canal company, mutual water company, water users' 
                association, Indian tribe, agency created by interstate 
                compact, or any other entity that has the capacity to 
                contract with the United States under the reclamation 
                laws.
            (2) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan or loan guarantee authorized 
        to be made available under this title with respect to a 
        project.
            (3) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher as assigned by a rating agency to project 
        obligations.
            (4) Lender.--
                    (A) In general.--The term ``lender'' means any non-
                Federal qualified institutional buyer (as defined in 
                section 230.144A(a) of title 17, Code of Federal 
                Regulations (or a successor regulation) (commonly known 
                as ``Rule 144A(a) of the Securities and Exchange 
                Commission'' and issued under the Securities Act of 
                1933 (15 U.S.C. 77a et seq.))).
                    (B) Inclusions.--The term ``lender'' includes--
                            (i) a qualified retirement plan (as defined 
                        in section 4974 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer; 
                        and
                            (ii) a governmental plan (as defined in 
                        section 414 of the Internal Revenue Code of 
                        1986) that is a qualified institutional buyer.
            (5) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Secretary of the Interior to 
        pay all or part of the principal of, and interest on, a loan or 
        other debt obligation issued by an obligor and funded by a 
        lender.
            (6) Obligor.--The term ``obligor'' means an eligible entity 
        that is primarily liable for payment of the principal of, or 
        interest on, a Federal credit instrument.
            (7) Project obligation.--
                    (A) In general.--The term ``project obligation'' 
                means any note, bond, debenture, or other debt 
                obligation issued by an obligor in connection with the 
                financing of a project.
                    (B) Exclusion.--The term ``project obligation'' 
                does not include a Federal credit instrument.
            (8) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
            (9) Reclamation state.--The term ``Reclamation State'' 
        means any of the States of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Idaho;
                    (E) Kansas;
                    (F) Montana;
                    (G) Nebraska;
                    (H) Nevada;
                    (I) New Mexico;
                    (J) North Dakota;
                    (K) Oklahoma;
                    (L) Oregon;
                    (M) South Dakota;
                    (N) Texas;
                    (O) Utah;
                    (P) Washington; and
                    (Q) Wyoming.
            (10) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under subtitle A.
            (11) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, as calculated on a net present value basis, 
        excluding administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            (12) Substantial completion.--The term ``substantial 
        completion'', with respect to a project, means the earliest 
        date on which a project is considered to perform the functions 
        for which the project is designed.

SEC. 133. AUTHORITY TO PROVIDE ASSISTANCE.

    The Secretary of the Interior may provide financial assistance 
under this subtitle to carry out projects within--
            (1) any Reclamation State;
            (2) any other State in which the Bureau of Reclamation is 
        authorized to provide project assistance; and
            (3) the States of Alaska and Hawaii.

SEC. 134. APPLICATIONS.

    To be eligible to receive assistance under this subtitle, an 
eligible entity shall submit to the Secretary of the Interior an 
application at such time, in such manner, and containing such 
information as the Secretary of the Interior may require.

SEC. 135. ELIGIBILITY FOR ASSISTANCE.

    (a) Eligible Projects.--The following non-federally owned projects 
that contribute to a safe, adequate water supply for domestic, 
agricultural, environmental, or municipal and industrial use may be 
carried out using assistance made available under this subtitle:
            (1) A project for the reclamation and reuse of wastewater, 
        and naturally impaired ground and surface waters, which has a 
        completed feasibility study that complies with Reclamation 
        standards.
            (2) A new water infrastructure facility project, including 
        a water conduit, pipeline, canal, pumping, power, and 
        associated facilities or a water efficiency project.
            (3) A project for accelerated repair and replacement of an 
        aging water distribution facility.
            (4) A brackish or sea water desalination project.
            (5) A project for ground water replenishment, ground water 
        storage, or surface storage.
            (6) A combination of projects, each of which is eligible 
        under paragraphs (1) through (5), for which an eligible entity 
        or group of eligible entities submits a single application.
    (b) Activities Eligible for Assistance.--For purposes of this 
subtitle, an eligible activity with respect to an eligible project 
under subsection (a) includes the cost of--
            (1) development-phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, permitting, preliminary engineering and design work, 
        and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities;
            (3) the acquisition of real property (including water 
        rights, land relating to the project, and improvements to 
        land), environmental mitigation, construction contingencies, 
        and acquisition of equipment subject to subsection (c);
            (4) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during 
        construction; and
            (5) refinancing interim construction funding, existing 
        long-term project obligations, or a secured loan or loan 
        guarantee made under this subtitle.
    (c) Limitation on Use.--The proceeds from Federal credit 
instruments made available under this subtitle may only be used to 
acquire non-Federal land or interest in land from a willing seller, 
when the seller does not contest the purchase or price paid.

SEC. 136. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility Requirements.--To be eligible to receive financial 
assistance under this subtitle, a project shall meet the following 
criteria, as determined by the Secretary of the Interior:
            (1) Creditworthiness.--
                    (A) In general.--Subject to subparagraph (B), the 
                project shall be creditworthy, as determined by the 
                Secretary of the Interior, who shall ensure that any 
                financing for the project has appropriate security 
                features, such as a rate covenant, to ensure repayment.
                    (B) Preliminary rating opinion letter.--The 
                Secretary of the Interior shall require each applicant 
                to provide a preliminary rating opinion letter from at 
                least 1 rating agency indicating that the senior 
                obligations of the project (which may be the Federal 
                credit instrument) have the potential to achieve an 
                investment-grade rating.
            (2) Eligible project costs.--The eligible project costs of 
        a project shall be reasonably anticipated to be not less than 
        $20,000,000.
            (3) Dedicated revenue sources.--The Federal credit 
        instrument for the project shall be repayable, in whole or in 
        part, from dedicated revenue sources that also secure the 
        project obligations.
            (4) Public sponsorship of private entities.--A project 
        carried out by a private entity shall be sponsored by a State, 
        department of a State, subdivision of a State, or a public 
        agency organized pursuant to State law.
    (b) Selection Criteria.--
            (1) Establishment.--The Secretary of the Interior shall 
        establish criteria for the selection of projects that meet the 
        eligibility requirements of subsection (a), in accordance with 
        paragraph (2).
            (2) Criteria.--The selection criteria shall include the 
        following:
                    (A) The extent to which a project serves a region 
                with significant water resources challenges.
                    (B) The extent to which the project is nationally 
                or regionally significant.
                    (C) The extent to which assistance under this 
                section would foster innovative public-private 
                partnerships and attract private debt or equity 
                investment.
                    (D) The extent to which the project fosters--
                            (i) collaborative partnerships between 
                        cities, counties, water districts, and State 
                        and Federal agencies; and
                            (ii) innovative recycling programs that 
                        augment a combination of industrial, 
                        commercial, residential, and agricultural uses.
                    (E) The likelihood that assistance under this 
                section would enable the project to proceed at an 
                earlier date than the project would otherwise be able 
                to proceed.
                    (F) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                subtitle.
                    (G) The extent to which the project helps maintain 
                or protect the environment.
            (3) Consistency of criteria.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of the 
        Interior shall issue eligibility requirements under this title 
        for water recycling projects that reclaim and reuse municipal, 
        industrial, domestic, or agricultural wastewater or impaired 
        ground or surface waters.
    (c) Receipt of Other Federal Funding.--Receipt of a Federal grant 
or contract or other Federal funding to support an eligible project 
shall not preclude the project from being eligible for assistance under 
this subtitle. Assistance under this subtitle shall not be counted as 
Federal funding under cost-sharing requirements otherwise applicable to 
a project eligible for assistance under this subtitle.

SEC. 137. SECURED LOANS.

    (a) Agreements.--
            (1) In general.--Subject to paragraphs (2) through (4), the 
        Secretary of the Interior may enter into agreements with 1 or 
        more obligors to make secured loans, the proceeds of which 
        shall be used--
                    (A) to finance eligible project costs of any 
                project selected under section 136;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 136; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if that refinancing 
                provides additional funding capacity for the 
                completion, enhancement, or expansion of any project 
                that--
                            (i) is selected under section 136; or
                            (ii) otherwise meets the requirements of 
                        section 136.
            (2) Limitation on refinancing of interim construction 
        financing.--A secured loan under paragraph (1) shall not be 
        used to refinance interim construction financing under 
        paragraph (1)(B) later than 1 year after the date of 
        substantial completion of the applicable project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection for a secured loan, the Secretary of the 
        Interior, in consultation with the Director of the Office of 
        Management and Budget and each rating agency providing a 
        preliminary rating opinion letter under section 136(a)(1)(B), 
        shall determine an appropriate capital reserve subsidy amount 
        for the secured loan, taking into account each such preliminary 
        rating opinion letter.
            (4) Investment-grade rating requirement.--The execution of 
        a secured loan under this section shall be contingent on 
        receipt by the senior obligations of the project of an 
        investment-grade rating.
    (b) Terms and Limitations.--
            (1) In general.--A secured loan provided for a project 
        under this section shall be subject to such terms and 
        conditions, and contain such covenants, representations, 
        warranties, and requirements (including requirements for 
        audits), as the Secretary of the Interior determines to be 
        appropriate.
            (2) Nonsubordination.--A secured loan under this section 
        shall not be subordinated to the claims of any holder of 
        project obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor of the project.
            (3) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of--
                    (A) an amount equal to 49 percent of the reasonably 
                anticipated eligible project costs; and
                    (B) if the secured loan does not receive an 
                investment-grade rating, an amount equal to other 
                project obligations that have received an investment-
                grade rating.
            (4) Payment.--A secured loan under this section--
                    (A) shall be payable, in whole or in part, from 
                State or local taxes, user fees, or other dedicated 
                revenue sources that also secure the senior project 
                obligations of the relevant project;
                    (B) shall include a rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations; and
                    (C) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (5) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (6) Maturity date.--The final maturity date of a secured 
        loan under this section shall be not later than 35 years after 
        the date of substantial completion of the relevant project.
            (7) Fees.--The Secretary of the Interior may establish 
        fees, in accordance with section 138(b)(2) at a level 
        sufficient to cover all or a portion of the costs to the 
        Federal Government of making a secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under this section may be used to pay any non-Federal share of 
        project costs required if the loan is repayable from non-
        Federal funds.
            (9) Maximum federal involvement.--The total amount of 
        Federal assistance provided for a project for which assistance 
        is provided under this subtitle from all sources (including 
        this subtitle) shall not exceed 80 percent of the total cost of 
        the project.
    (c) Repayment.--
            (1) Schedule.--The Secretary of the Interior shall 
        establish a repayment schedule for each secured loan provided 
        under this section, based on the projected cash flow from 
        project revenues and other repayment sources.
            (2) Commencement.--Scheduled loan repayment of principal or 
        interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project, with interest accruing during those 5 years and 
        during construction.
            (3) Deferred payments.--
                    (A) Authorization.--If, at any time after the date 
                of substantial completion of a project for which a 
                secured loan is provided under this section, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary of the 
                Interior may allow the obligor, subject to subparagraph 
                (C), to add unpaid principal and interest to the 
                outstanding balance of the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(5) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the secured loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting such criteria as the Secretary 
                        of the Interior may establish.
                            (ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay a secured loan under this section 
                without penalty.
                    (B) Use of proceeds of refinancing.--A secured loan 
                under this section may be prepaid at any time without 
                penalty from the proceeds of refinancing from non-
                Federal funding sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after the date of substantial completion of a 
        project and after providing a notice to the obligor, the 
        Secretary of the Interior may sell to another entity or reoffer 
        into the capital markets a secured loan for a project under 
        this section, if the Secretary of the Interior determines that 
        the sale or reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary of the Interior may not 
        change the original terms and conditions of the secured loan 
        without the written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Secretary of the Interior may provide 
        a loan guarantee to a lender in lieu of making a secured loan 
        under this section, if the Secretary of the Interior determines 
        that the budgetary cost of the loan guarantee is substantially 
        the same as that of a secured loan.
            (2) Terms.--The terms of a loan guarantee provided under 
        this subsection shall be consistent with the terms established 
        in this section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary of the Interior.

SEC. 138. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Secretary of the Interior shall establish a 
uniform system to service the Federal credit instruments made available 
under this subtitle.
    (b) Reclamation Loan Finance Capital Reserve Fund.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the ``Reclamation Loan Finance Capital Reserve Fund''.
                    (B) Deposits to fund.--The Secretary of the 
                Treasury shall deposit in the fund established by 
                subparagraph (A) an amount equal to the amount of 
                capital reserve fees collected under paragraph (2) for 
                each applicable fiscal year.
                    (C) Treatment.--The amounts deposited in the fund 
                under subparagraph (B) shall be credited as offsetting 
                collections.
            (2) Capital reserve fees.--
                    (A) In general.--To the extent required by 
                appropriations Acts, the Secretary of the Interior may 
                assess, collect, and spend capital reserve fees at a 
                level that is sufficient to cover all or a portion of 
                the costs to the Federal Government of servicing the 
                Federal credit instruments provided under this 
                subtitle, including all or a portion of the outlays 
                associated with the provision of the Federal credit 
                instruments under this subtitle.
                    (B) Amount.--The capital reserve fees under this 
                paragraph shall be established at amounts that will 
                result in the collection, during each fiscal year, of 
                an amount that can be reasonably expected to equal the 
                outlays associated with the provision of the Federal 
                credit instruments under this subtitle.
    (c) Servicer.--
            (1) In general.--The Secretary of the Interior may appoint 
        a financial entity to assist the Secretary in servicing the 
        Federal credit instruments provided under this subtitle.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Secretary of the Interior.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary 
        of the Interior.

SEC. 139. STATE AND LOCAL PERMITS.

    (a) Establishment of Pilot Program.--
            (1) Assumption of responsibility.--
                    (A) In general.--Subject to the provisions of the 
                pilot program established by this section, the 
                Secretary of the Interior and a State identified 
                pursuant to subsection (b) may enter into a written 
                agreement, which may be in the form of a memorandum of 
                understanding, under which the Secretary of the 
                Interior may designate the State as lead agency for 
                purposes of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (B) Procedural and substantive requirements.--If 
                designated as the lead agency under subparagraph (A), 
                the State shall assume responsibility under this 
                section, subject to the same procedural and substantive 
                requirements that would apply if that responsibility 
                were carried out by the Secretary of the Interior.
            (2) Preservation of federal responsibility and authority.--
                    (A) Federal responsibility.--Any responsibility of 
                the Secretary of the Interior not explicitly assumed by 
                the State by written agreement under this section shall 
                remain the responsibility of the Secretary of the 
                Interior.
                    (B) No effect on authority.--Nothing in this 
                section preempts or interferes with any power, 
                jurisdiction, responsibility, or authority of an 
                agency, other than the Department of the Interior, 
                under applicable law (including regulations) with 
                respect to a project.
            (3) Preservation of flexibility.--The Secretary of the 
        Interior may not require a State, as a condition of 
        participation and assuming lead agency status in the pilot 
        program under this section, to forego project delivery methods 
        that are otherwise permissible for projects.
    (b) State Participation.--
            (1) Participating states.--The Secretary of the Interior 
        shall permit the State of California, and not more than 4 
        additional States, to participate in the pilot program under 
        this section, subject to the limitations described in paragraph 
        (4).
            (2) Application.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        amend, as appropriate, regulations that establish requirements 
        relating to information required to be contained in an 
        application of a State to participate in the pilot program 
        under this section and to assume lead agency status, including, 
        at a minimum--
                    (A) the projects or classes of projects for which 
                the State anticipates exercising the authority that may 
                be granted under the pilot program under this section;
                    (B) verification of the financial, regulatory, and 
                enforcement resources necessary to carry out the 
                authority that may be granted under the pilot program 
                under this section; and
                    (C) evidence of the notice and solicitation of 
                public comment by the State relating to participation 
                of the State in the pilot program under this section, 
                including copies of comments received from that 
                solicitation.
            (3) Public notice.--
                    (A) In general.--A State that submits an 
                application under this subsection shall give notice of 
                the intent of the State to participate in the pilot 
                program under this section not later than 30 days 
                before the date of submission of the application.
                    (B) Method of notice and solicitation.--A State 
                shall provide notice and solicit public comment under 
                this paragraph by publishing the complete application 
                of the State in accordance with the appropriate public 
                notice State law.
            (4) Selection criteria.--The Secretary of the Interior may 
        approve the application of a State under this section only if--
                    (A) the regulatory requirements of paragraph (2) 
                have been met;
                    (B) the Secretary of the Interior determines that 
                the State has the capability, including financial, 
                regulatory, and enforcement capability and personnel, 
                to assume the responsibility of a lead agency for the 
                project; and
                    (C) the head of the State agency with primary 
                jurisdiction over water infrastructure matters enters 
                into a written agreement with the Secretary of the 
                Interior described in subsection (c).
    (c) Written Agreement.--A written agreement under this section 
shall--
            (1) be executed by the Governor or the top ranking water 
        infrastructure official in the State who is charged with 
        responsibility for water infrastructure construction;
            (2) be in such form as the Secretary of the Interior may 
        prescribe;
            (3) provide that the State--
                    (A) agrees to assume all or part of the 
                responsibilities of the Secretary of the Interior 
                described in subsection (a), including all 
                responsibilities as a lead agency;
                    (B) expressly consents, on behalf of the State, to 
                accept the jurisdiction of the Federal courts for the 
                compliance, discharge, and enforcement of any 
                responsibility of the Secretary of the Interior assumed 
                by the State;
                    (C) certifies that State laws (including 
                regulations) are in effect that authorize the State to 
                take the actions necessary to carry out the 
                responsibilities being assumed; and
                    (D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed;
            (4) require the State to provide to the Secretary of the 
        Interior any information that the Secretary of the Interior 
        considers necessary to ensure that the State is adequately 
        carrying out the responsibilities assigned to the State;
            (5) have a term of not more than 5 years; and
            (6) be renewable.
    (d) Jurisdiction.--
            (1) In general.--The United States district courts shall 
        have exclusive jurisdiction over any civil action against a 
        State for failure to carry out any responsibility of the State 
        under this section.
            (2) Legal standards and requirements.--A civil action under 
        paragraph (1) shall be governed by the legal standards and 
        requirements that would apply in such a civil action against 
        the Secretary of the Interior if the Secretary of the Interior 
        had taken the actions in question.
            (3) Intervention.--The Secretary of the Interior shall have 
        the right to intervene in any action described in paragraph 
        (1).
    (e) Effect of Assumption of Responsibility.--A State that assumes 
responsibility under subsection (a)(2) shall be solely responsible and 
solely liable for carrying out, in lieu of the Secretary of the 
Interior, the responsibilities assumed under subsection (a), until the 
pilot program is terminated as provided in subsection (h).
    (f) Audits.--
            (1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)(2)), for each 
        State participating in the pilot program under this section, 
        the Secretary of the Interior shall conduct--
                    (A) semiannual audits during each of the first 2 
                years of State participation; and
                    (B) annual audits during of the third and fourth 
                years of State participation.
            (2) Public availability and comment.--
                    (A) In general.--An audit conducted under paragraph 
                (1) shall be made available to the public for comment.
                    (B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends, the 
                Secretary of the Interior shall respond to public 
                comments received under subparagraph (A).
    (g) Monitoring.--After the fourth year of the participation of a 
State in the pilot program, the Secretary of the Interior shall monitor 
compliance by the State with the written agreement, including the 
provision by the State of financial resources to carry out the written 
agreement.
    (h) Termination.--
            (1) Termination by secretary of the interior.--The 
        Secretary of the Interior may terminate the participation of 
        any State in the pilot program if--
                    (A) the Secretary of the Interior determines that 
                the State is not adequately carrying out the 
                responsibilities assigned to the State;
                    (B) the Secretary of the Interior provides to the 
                State--
                            (i) notification of the determination of 
                        noncompliance; and
                            (ii) a period of at least 30 days during 
                        which to take such corrective action as the 
                        Secretary of the Interior determines is 
                        necessary to comply with the applicable 
                        agreement; and
                    (C) the State, after the notification and period 
                provided under subparagraph (B), fails to take 
                satisfactory corrective action, as determined by 
                Secretary of the Interior.
            (2) Termination by state.--The State may terminate the 
        participation of the State in the pilot program at any time by 
        providing to the Secretary of the Interior a notice by not 
        later than the date that is 90 days before the date of 
        termination, and subject to such terms and conditions as the 
        Secretary of the Interior may provide.
    (i) Limitations on Agreements.--Nothing in this section or pilot 
program--
            (1) authorizes a State to assume any rulemaking authority 
        of the Secretary of the Interior under any Federal law;
            (2) relieves any recipient of the assistance of any 
        obligation to obtain any other required State or local permit 
        or approval with respect to the project;
            (3) limits the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (4) otherwise supersedes any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 140. REGULATIONS.

    The Secretary of the Interior may promulgate such regulations as 
the Secretary of the Interior determines to be appropriate to carry out 
this subtitle.

SEC. 141. FUNDING.

    (a) In General.--There is authorized to be appropriated to the 
Secretary of the Interior to carry out this subtitle $200,000,000.
    (b) Offset Required.--No funds made available under this section 
may be used to provide financial assistance under this subtitle unless 
sufficient funds have been appropriated to offset any decrease in 
Federal revenue resulting from the use by any unit of State or local 
government of proceeds of any obligation--
            (1) the interest on which is exempt from the tax imposed 
        under chapter 1 of the Internal Revenue Code of 1986; or
            (2) with respect to which credit is allowable under subpart 
        I or J of part IV of subchapter A of chapter 1 of that Code.
    (c) Administrative Costs.--Of the funds made available to carry out 
this subtitle, the Secretary of the Interior may use for the 
administration of this subtitle not more than $2,200,000 for each of 
fiscal years 2016 through 2020.
    (d) Limitation.--Neither the Secretary of the Interior nor the 
Secretary of Commerce shall enter into a contract with, or provide 
Federal funds or other financial assistance in the form of a loan, loan 
guarantee, annual payment, or any other form of credit enhancement to a 
recipient under this Act without first obtaining adequate assurance 
from the contractor or recipient that the requirements of section 513 
of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall be 
applied in the same manner they are applied to construction of 
treatment works carried out in whole or in part with assistance made 
available by a State water pollution control revolving fund as 
authorized by title VI of that Act (33 U.S.C. 1381 et seq.) under title 
II of division E of Public Law 112-74 (125 Stat. 1020).

                 TITLE II--LISTED SPECIES AND WILDLIFE

SEC. 201. ACTIONS TO BENEFIT ENDANGERED FISH POPULATIONS.

    (a) Findings.--Congress finds that--
            (1) minimizing or eliminating stressors to fish populations 
        and their habitat in an efficient and structured manner is a 
        key aspect of a fish recovery strategy;
            (2) functioning, diverse, and interconnected habitats are 
        necessary for a species to be viable; and
            (3) providing for increased fish habitat may not only allow 
        for a more robust fish recovery, but also reduce impacts to 
        water supplies.
    (b) Actions for Benefit of Endangered Species.--There is authorized 
to be appropriated the following amounts:
            (1) $35,000,000 for the Secretary of Commerce, through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, to carry out the following activities in 
        accordance with the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.):
                    (A) Gravel and rearing area additions and habitat 
                restoration to the Sacramento River to benefit Chinook 
                salmon and steelhead trout.
                    (B) Scientifically improved and increased real-time 
                monitoring to inform real-time operations of Shasta and 
                related Central Valley Project facilities, and 
                alternative methods, models, and equipment to improve 
                temperature modeling and related forecasted information 
                for purposes of predicting impacts to salmon and salmon 
                habitat as a result of water management at Shasta.
                    (C) Methods to improve the Delta salvage systems, 
                including alternative methods to redeposit salvaged 
                salmon smolts and other fish from the Delta in a manner 
                that reduces predation losses.
            (2) $6,000,000 for the Secretary of the Interior to conduct 
        the Delta smelt distribution study referenced in section 301.
    (c) Commencement.--If the Administrator of the National Oceanic and 
Atmospheric Administration determines that a proposed activity is 
feasible and beneficial for protecting and recovering a fish 
population, the Administrator shall commence implementation of the 
activity by not later than 1 year after the date of enactment of this 
Act.
    (d) Consultation.--The Administrator shall take such steps as are 
necessary to partner with, and coordinate the efforts of, the 
Department of the Interior, the Department of Commerce, and other 
relevant Federal departments and agencies to ensure that all Federal 
reviews, analyses, opinions, statements, permits, licenses, and other 
approvals or decisions required under Federal law are completed on an 
expeditious basis, consistent with Federal law.
    (e) Trap and Barge Pilot Program.--
            (1) In general.--The Department of Commerce, in 
        collaboration with the Department of the Interior, the 
        California Department of Fish and Wildlife, applicable water 
        agencies, and other interested parties, shall design, permit, 
        implement, and evaluate a pilot program to test the efficacy of 
        an experimental trap and barge program to improve survival of 
        juvenile salmonids emigrating from the San Joaquin watershed 
        though the Delta.
            (2) Plan.--
                    (A) Working group.--Not later than 30 days after 
                the date of enactment of this Act, the Assistant 
                Administrator and the Commissioner shall convene a 
                working group, to be comprised of representatives of 
                relevant agencies and other interested parties, to 
                develop and execute a plan for the design, budgeting, 
                implementation, and evaluation of the pilot program 
                under this subsection, using such existing expertise 
                regarding trap and barge programs as may be available.
                    (B) Requirements.--The plan under this paragraph 
                shall--
                            (i) include a schedule and budget for the 
                        pilot program; and
                            (ii) identify the responsible parties for 
                        each element of the program.
            (3) Implementation.--The Assistant Administrator and the 
        Commissioner shall seek to commence implementation of the pilot 
        program under this subsection during calendar year 2016, if 
        practicable.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $4,000,000.
    (f) Conservation Fish Hatcheries.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries of the Interior and 
        Commerce, in coordination with the Director of the California 
        Department of Fish and Wildlife, shall develop and implement as 
        necessary the expanded use of conservation hatchery programs to 
        enhance, supplement, and rebuild Delta smelt and Endangered 
        Species Act-listed fish species under the smelt and salmonid 
        biological opinions.
            (2) Requirements.--The conservation hatchery programs 
        established under paragraph (1) and the associated hatchery and 
        genetic management plans shall be designed--
                    (A) to benefit, enhance, support, and otherwise 
                recover naturally spawning fish species to the point 
                where the measures provided under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) are no 
                longer necessary; and
                    (B) to minimize adverse effects to Central Valley 
                Project and State Water Project operations.
            (3) Priority; cooperative agreements.--In implementing this 
        section, the Secretaries of the Interior and Commerce--
                    (A) shall give priority to existing and prospective 
                hatchery programs and facilities within the Delta and 
                the riverine tributaries thereto; and
                    (B) may enter into cooperative agreements for the 
                operation of conservation hatchery programs with 
                States, Indian tribes, and other nongovernmental 
                entities for the benefit, enhancement, and support of 
                naturally spawning fish species.
    (g) Acquisition of Land, Water, or Interests From Willing Sellers 
for Environmental Purposes in California.--
            (1) In general.--The Secretary of the Interior is 
        authorized to acquire by purchase, lease, donation, or 
        otherwise, land, water, or interests in land or water from 
        willing sellers in California--
                    (A) to benefit listed or candidate species under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.) or the California Endangered Species Act 
                (California Fish and Game Code sections 2050 through 
                2116);
                    (B) to meet requirements of, or otherwise provide 
                water quality benefits under, the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.) or the 
                Porter Cologne Water Quality Control Act (division 7 of 
                the California Water Code); or
                    (C) for protection and enhancement of the 
                environment, as determined by the Secretary of the 
                Interior.
            (2) Financial assistance.--In implementing this section, 
        the Secretary of the Interior is authorized to provide 
        financial assistance to the State of California or otherwise 
        hold such interests in joint ownership with the State of 
        California based on a cost share deemed appropriate by the 
        Secretary.
            (3) Treatment.--Any expenditures under this subsection 
        shall be nonreimbursable and nonreturnable to the United 
        States.

SEC. 202. ACTIONS TO BENEFIT REFUGES.

    (a) In General.--In addition to funding under section 3407 of the 
Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
4726), there is authorized to be appropriated to the Secretary of the 
Interior $2,000,000 for each of fiscal years 2016 through 2020 for the 
acceleration and completion of water infrastructure and conveyance 
facilities necessary to achieve full water deliveries to Central Valley 
wildlife refuges and habitat areas pursuant to section 3406(d) of that 
Act (Public Law 102-575; 106 Stat. 4722).
    (b) Cost-Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out an activity described in this section shall be not 
        more than 50 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of carrying out an activity described in this section--
                    (A) shall be not less than 50 percent; and
                    (B) may be provided in cash or in-kind.

SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN 
              STANISLAUS RIVER.

    (a) Definition of District.--In this section, the term ``district'' 
means--
            (1) the Oakdale Irrigation District of the State of 
        California; and
            (2) the South San Joaquin Irrigation District of the State 
        of California.
    (b) Establishment.--The Secretary of Commerce, acting through the 
Assistant Administrator of the National Marine Fisheries Service, and 
the districts, in consultation with the Director of the California 
Department of Fish and Wildlife, shall jointly establish and conduct a 
nonnative predator research and pilot fish removal program to study the 
effects of removing from the Stanislaus River--
            (1) nonnative striped bass, smallmouth bass, largemouth 
        bass, black bass; and
            (2) other nonnative predator fish species.
    (c) Requirements.--The program under this section shall--
            (1) be scientifically based, with research questions 
        determined jointly by--
                    (A) National Marine Fisheries Service scientists; 
                and
                    (B) technical experts of the districts;
            (2) include methods to quantify by, among other things, 
        evaluating the number of juvenile anadromous fish that migrate 
        past the rotary screw trap located at Caswell--
                    (A) the number and size of predator fish removed 
                each year; and
                    (B) the impact of the removal on--
                            (i) the overall abundance of predator fish 
                        in the Stanislaus River; and
                            (ii) the populations of juvenile anadromous 
                        fish in the Stanislaus River;
            (3) among other methods, consider using wire fyke trapping, 
        portable resistance board weirs, and boat electrofishing; and
            (4) be implemented as quickly as practicable after the date 
        of issuance of all necessary scientific research permits.
    (d) Management.--The management of the program shall be the joint 
responsibility of the Assistant Administrator and the districts, which 
shall--
            (1) work collaboratively to ensure the performance of the 
        program; and
            (2) discuss and agree on, among other things--
                    (A) qualified scientists to lead the program;
                    (B) research questions;
                    (C) experimental design;
                    (D) changes in the structure, management, 
                personnel, techniques, strategy, data collection and 
                access, reporting, and conduct of the program; and
                    (E) the need for independent peer review.
    (e) Conduct.--
            (1) In general.--For each applicable calendar year, the 
        districts, on agreement of the Assistant Administrator, may 
        elect to conduct the program under this section using--
                    (A) the personnel of the Assistant Administrator or 
                districts;
                    (B) qualified private contractors hired by the 
                districts;
                    (C) personnel of, on loan to, or otherwise assigned 
                to the National Marine Fisheries Service; or
                    (D) a combination of the individuals described in 
                subparagraphs (A) through (C).
            (2) Participation by national marine fisheries service.--
                    (A) In general.--If the districts elect to conduct 
                the program using district personnel or qualified 
                private contractors hired under subparagraph (A) or (B) 
                of paragraph (1), the Assistant Administrator may 
                assign an employee of, on loan to, or otherwise 
                assigned to the National Marine Fisheries Service, to 
                be present for all activities performed in the field to 
                ensure compliance with subsection (d).
                    (B) Costs.--The districts shall pay the cost of 
                participation by the employee under subparagraph (A), 
                in accordance with subsection (f).
            (3) Timing of election.--The districts shall notify the 
        Assistant Administrator of an election under paragraph (1) by 
        not later than October 15 of the calendar year preceding the 
        calendar year for which the election applies.
    (f) Funding.--
            (1) In general.--The districts shall be responsible for 100 
        percent of the cost of the program.
            (2) Contributed funds.--The Secretary of Commerce may 
        accept and use contributions of funds from the districts to 
        carry out activities under the program.
            (3) Estimation of cost.--
                    (A) In general.--Not later than December 1 of each 
                year of the program, the Secretary of Commerce shall 
                submit to the districts an estimate of the cost to be 
                incurred by the National Marine Fisheries Service for 
                the program during the following calendar year, if any, 
                including the cost of any data collection and posting 
                under subsection (g).
                    (B) Failure to fund.--If an amount equal to the 
                estimate of the Secretary of Commerce is not provided 
                through contributions pursuant to paragraph (2) before 
                December 31 of that calendar year--
                            (i) the Secretary shall have no obligation 
                        to conduct the program activities otherwise 
                        scheduled for the following calendar year until 
                        the amount is contributed by the districts; and
                            (ii) the districts may not conduct any 
                        aspect of the program until the amount is 
                        contributed by the districts.
            (4) Accounting.--
                    (A) In general.--Not later than September 1 of each 
                year, the Secretary of Commerce shall provide to the 
                districts an accounting of the costs incurred by the 
                Secretary for the program during the preceding calendar 
                year.
                    (B) Excess amounts.--If the amount contributed by 
                the districts pursuant to paragraph (2) for a calendar 
                year was greater than the costs incurred by the 
                Secretary of Commerce during that year, the Secretary 
                shall--
                            (i) apply the excess amounts to the cost of 
                        activities to be performed by the Secretary 
                        under the program, if any, during the following 
                        calendar year; or
                            (ii) if no such activities are to be 
                        performed, repay the excess amounts to the 
                        districts.
    (g) Publication and Evaluation of Data.--
            (1) In general.--All data generated through the program, 
        including by any private consultants, shall be routinely 
        provided to the Assistant Administrator.
            (2) Internet.--Not later than the 15th day of each month of 
        the program, the Assistant Administrator shall publish on the 
        Internet website of the National Marine Fisheries Service a 
        tabular summary of the raw data collected under the program 
        during the preceding month.
            (3) Report.--On completion of the program, the Assistant 
        Administrator shall prepare a final report evaluating the 
        effectiveness of the program, including recommendations for 
        future research and removal work.
    (h) Consistency With Law.--
            (1) In general.--The programs in this section and section 
        204 are found to be consistent with the requirements of the 
        Central Valley Project Improvement Act (Public Law 102-575; 106 
        Stat. 4706).
            (2) Limitation.--No provision, plan, or definition under 
        that Act, including section 3406(b)(1) of that Act (Public Law 
        102-575; 106 Stat. 4714), shall be used--
                    (A) to prohibit the implementation of the programs 
                in this section and section 204; or
                    (B) to prevent the accomplishment of the goals of 
                the programs.
            (3) State law.--The Secretary of the Interior, the 
        Secretary of Commerce, and the participating districts shall 
        comply with applicable requirements of State law with respect 
        to the program under this subsection.

SEC. 204. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.

    (a) In General.--Not later than January 1, 2017, the Secretary of 
the Interior, in collaboration with the Secretary of Commerce, the 
Director of the California Department of Fish and Wildlife, and other 
relevant agencies and interested parties, shall establish and carry out 
pilot projects to implement the invasive species control program under 
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
    (b) Requirements.--The pilot projects under this section shall--
            (1) seek to reduce invasive aquatic vegetation (such as 
        water hyacinth), predators, and other competitors that 
        contribute to the decline of native listed pelagic and 
        anadromous species that occupy the Sacramento and San Joaquin 
        Rivers and their tributaries and the Delta; and
            (2) remove, reduce, or control the effects of species 
        including Asiatic clams, silversides, gobies, Brazilian water 
        weed, largemouth bass, smallmouth bass, striped bass, crappie, 
        bluegill, white and channel catfish, zebra and quagga mussels, 
        and brown bullheads.
    (c) Emergency Environmental Reviews.--To expedite environmentally 
beneficial programs in this title for the conservation of threatened 
and endangered species, the Secretaries of the Interior and Commerce 
shall consult with the Council on Environmental Quality in accordance 
with section 1506.11 of title 40, Code of Federal Regulations (or 
successor regulations), to develop alternative arrangements to comply 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for those programs.

    TITLE III--CALIFORNIA EMERGENCY DROUGHT RELIEF AND OPERATIONAL 
                              FLEXIBILITY

SEC. 301. TAKING INTO ACCOUNT INCREASED REAL-TIME MONITORING AND 
              UPDATED SCIENCE.

    (a) Smelt Biological Opinion.--The Director shall use the best 
scientific and commercial data available to implement, continuously 
evaluate, and refine or amend, as appropriate, the reasonable and 
prudent alternative described in the smelt biological opinion.
    (b) Increased Monitoring To Inform Real-Time Operations.--
            (1) In general.--The Secretary of the Interior shall 
        conduct additional surveys, on an annual basis at the 
        appropriate time of year based on environmental conditions, in 
        collaboration with interested stakeholders regarding the 
        science of the Delta in general, and to enhance real-time 
        decisionmaking in particular, working in close coordination 
        with relevant State authorities.
            (2) Requirements.--In carrying out this subsection, the 
        Secretary of the Interior shall use--
                    (A) the most appropriate and accurate survey 
                methods available for the detection of Delta smelt to 
                determine the extent to which adult Delta smelt are 
                distributed in relation to certain levels of turbidity 
                or other environmental factors that may influence 
                salvage rate;
                    (B) results from appropriate surveys for the 
                detection of Delta smelt to determine how the Central 
                Valley Project and State Water Project may be operated 
                more efficiently to maximize fish and water supply 
                benefits; and
                    (C) science-based recommendations developed by any 
                of the persons or entities described in subsection 
                (d)(2) to inform the agencies' real-time decisions.
            (3) Winter monitoring.--During the period between December 
        1 and March 31, if suspended sediment loads enter the Delta 
        from the Sacramento River, and the suspended sediment loads 
        appear likely to raise turbidity levels in the Old River north 
        of the export pumps from values below 12 Nephelometric 
        Turbidity Units (NTUs) to values above 12 NTUs, the Secretary 
        of the Interior shall--
                    (A) conduct daily monitoring using appropriate 
                survey methods at locations including the vicinity of 
                Station 902 to determine the extent to which adult 
                Delta smelt are moving with turbidity toward the export 
                pumps; and
                    (B) use results from the monitoring under 
                subparagraph (A) to determine how increased trawling 
                can inform daily real-time Central Valley Project and 
                State Water Project operations to maximize fish and 
                water supply benefits.
    (c) Periodic Review of Monitoring.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of the Interior shall--
            (1) evaluate whether the monitoring program under 
        subsection (b), combined with other monitoring programs for the 
        Delta, is providing sufficient data to inform Central Valley 
        Project and State Water Project operations to maximize the 
        water supply for fish and water supply benefits; and
            (2) determine whether the monitoring efforts should be 
        changed in the short or long term to provide more useful data.
    (d) Delta Smelt Distribution Study.--
            (1) In general.--Not later than March 15, 2021, the 
        Secretary of the Interior shall--
                    (A) complete studies, to be initiated by not later 
                than 90 days after the date of enactment of this Act, 
                designed--
                            (i) to understand the location and 
                        determine the abundance and distribution of 
                        Delta smelt throughout the range of the Delta 
                        smelt; and
                            (ii) to determine potential methods to 
                        minimize the effects of Central Valley Project 
                        and State Water Project operations on the Delta 
                        smelt;
                    (B) based on the best available science, if 
                appropriate and practicable, implement new targeted 
                sampling and monitoring of Delta smelt in order to 
                maximize fish and water supply benefits prior to 
                completion of the study under subparagraph (A);
                    (C) to the maximum extent practicable, use new 
                technologies to allow for better tracking of Delta 
                smelt, such as acoustic tagging, optical recognition 
                during trawls, and fish detection using residual 
                deoxyribonucleic acid (DNA); and
                    (D) if new sampling and monitoring is not 
                implemented under subparagraph (B), provide a detailed 
                explanation of the determination of the Secretary of 
                the Interior that no change is warranted.
            (2) Consultation.--In determining the scope of the studies 
        under this subsection, the Secretary of the Interior shall 
        consult with--
                    (A) Central Valley Project and State Water Project 
                water contractors and public water agencies;
                    (B) other public water agencies;
                    (C) the California Department of Fish and Wildlife 
                and the California Department of Water Resources; and
                    (D) nongovernmental organizations.
    (e) Scientifically Supported Implementation of OMR Flow 
Requirements.--
            (1) Environmental protection mandate.--The Secretaries of 
        the Interior and Commerce shall take no action pursuant to this 
        Act that would cause additional adverse effects on the listed 
        fish species beyond the range of effects anticipated to occur 
        to the listed fish species for the duration of the applicable 
        biological opinion, using the best scientific and commercial 
        data available.
            (2) Real-time management to achieve multiple goals.--
        Building upon previous drought operations in calendar years 
        2014 and 2015, the Secretaries of the Interior and Commerce 
        shall monitor in real time to determine the location and 
        densities of listed fish species relative to the pumps, Delta 
        conditions, and other relevant factors, in order to identify--
                    (A) opportunities to increase water pumping without 
                violating the standard in paragraph (1) or other 
                applicable environmental laws and regulations; and
                    (B) circumstances where it is necessary to decrease 
                water pumping to protect listed fish species.
            (3) Management.--In implementing the smelt biological 
        opinion and the salmonid biological opinion, the Secretaries of 
        the Interior and Commerce shall manage the OMR in accordance 
        with those opinions to maximize water supplies for the Central 
        Valley Project and State Water Project, to the extent 
        consistent with paragraph (1).
            (4) Reverse flow.--
                    (A) In general.--With respect to the management of 
                reverse flow in the OMR under the smelt biological 
                opinion, the Secretary of the Interior shall implement 
                the relevant provisions of the smelt biological opinion 
                to maximize Central Valley Project and State Water 
                Project water supplies, to the extent consistent with 
                paragraph (1).
                    (B) Requirements.--If the Secretary determines to 
                manage rates of pumping at the C.W. ``Bill'' Jones and 
                the Harvey O. Banks pumping plants in the southern 
                Delta to achieve a reverse OMR flow rate less negative 
                than -5,000 cubic feet per second, the Secretary 
                shall--
                            (i) document in writing any significant 
                        facts regarding real-time conditions relevant 
                        to the determinations of OMR reverse flow 
                        rates, including--
                                    (I) targeted real-time fish 
                                monitoring in the Old River pursuant to 
                                this section, including monitoring in 
                                the vicinity of Station 902; and
                                    (II) near-term forecasts with 
                                available salvage models under 
                                prevailing conditions of the effects on 
                                Delta smelt of OMR flow of -5,000 cubic 
                                feet per second; and
                            (ii) explain in writing why any decision to 
                        manage OMR reverse flow at rates less negative 
                        than -5,000 cubic feet per second is necessary 
                        to comply with the environmental standard in 
                        subparagraph (e)(1), after considering relevant 
                        factors such as--
                                    (I) the distribution of Delta smelt 
                                throughout the Delta;
                                    (II) the potential effects of high 
                                entrainment risk on subsequent Delta 
                                smelt abundance;
                                    (III) the water temperature;
                                    (IV) other significant factors 
                                relevant to the determination, as 
                                required by applicable Federal or State 
                                laws;
                                    (V) turbidity; and
                                    (VI) whether any alternative 
                                measures could have a substantially 
                                lesser water supply impact.
            (5) Immediate action.--Nothing in this section shall 
        prevent the Secretaries of the Interior or Commerce from taking 
        immediate action to reduce pumping if necessary to do so to 
        comply with the Endangered Species Act, its implementing 
        regulations, or to avoid additional adverse effects on the 
        listed fish species beyond the range of effects anticipated to 
        occur to the listed fish species for the duration of the 
        applicable biological opinion.
    (f) First Sediment Flush.--During the first flush of sediment out 
of the Delta in each water year, based on objective evidence and 
notwithstanding subsection (e), the Secretary of the Interior shall 
manage OMR flow pursuant to the portion of the smelt biological opinion 
that protects adult Delta smelt from the first flush if required to do 
so by the smelt biological opinion.
    (g) Construction.--The Secretaries of the Interior and Commerce 
may--
            (1) implement subsection (e) building on, and taking into 
        account the effects of, previous operations in the 2014 and 
        2015 water years; and
            (2) use the results of monitoring through early warning 
        surveys to make real-time operational decisions under the 
        applicable biological opinion.
    (h) Calculation of Reverse Flow in OMR.--Not later than 180 days 
after the date of enactment of this Act, the Secretary, in consultation 
with the California Department of Water Resources, consistent with the 
smelt biological opinion and the salmonid biological opinion, shall--
            (1) review, including seeking public comment regarding, 
        whether any revision to the method used to calculate reverse 
        flow in the OMR for implementation of the reasonable and 
        prudent alternatives in the smelt biological opinion and the 
        salmonid biological opinion for the purpose of using the best 
        available science and monitoring to maximize fish and water 
        supply benefits is warranted; and
            (2) implement the revised method to calculate reverse flow 
        in the OMR pursuant to paragraph (1).
    (i) Successor Biological Opinions.--The Secretaries of the Interior 
and Commerce shall apply the provisions of this Act to successor 
biological opinions to the salmonid biological opinion and the smelt 
biological opinion, to the extent that the Secretaries of the Interior 
and Commerce determine to be consistent with--
            (1) section 701(a)(3); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) and the regulations implementing that Act.

SEC. 302. EMERGENCY OPERATIONS.

    (a) Water Supplies.--The Secretaries of the Interior and Commerce 
shall provide the maximum quantity of water supplies practicable to 
Central Valley Project agricultural, municipal, and industrial 
contractors, water service or repayment contractors, water rights 
settlement contractors, exchange contractors, refuge contractors, and 
State Water Project contractors, by approving, in accordance with 
applicable Federal and State laws (including regulations), operations 
or temporary projects to provide additional water supplies as quickly 
as practicable, based on available information, to address the 
emergency conditions.
    (b) Administration.--In carrying out subsection (a), the 
Secretaries of the Interior and Commerce shall, in accordance with 
applicable laws (including regulations)--
            (1)(A) in close coordination with the California Department 
        of Water Resources and the California Department of Fish and 
        Wildlife, implement a pilot project to test and evaluate the 
        ability to operate the Delta cross-channel gates daily or as 
        otherwise may be appropriate to keep the gates open to the 
        maximum extent practicable to protect out-migrating salmonids, 
        manage salinities in the interior Delta and any other water 
        quality issues, and maximize Central Valley Project and State 
        Water Project pumping, subject to the condition that the pilot 
        project shall be designed and implemented consistent with 
        operational criteria and monitoring criteria required by the 
        California State Water Resources Control Board, including its 
        order, ``Order Approving a Temporary Urgency Change in License 
        and Permit Terms in Response to Drought Conditions'', effective 
        on January 31, 2014 (or a successor order); and
            (B) design, implement, and evaluate those real-time 
        monitoring capabilities to enable effective real-time 
        operations of the cross-channel in order efficiently to meet 
        the objectives described in subparagraph (A);
            (2) with respect to the operation of the Delta cross-
        channel gates described in paragraph (1), collect data on the 
        impact of that operation on--
                    (A) species listed as threatened or endangered 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) water quality; and
                    (C) water supply benefits;
            (3) collaborate with the California Department of Water 
        Resources to install a deflection barrier at Georgiana Slough 
        and the Delta cross-channel gate to protect migrating 
        salmonids, consistent with knowledge gained from related 
        activities carried out during 2014 and 2015;
            (4) not later than May 15, 2016, submit to the Committees 
        on Energy and Natural Resources and Environment and Public 
        Works of the Senate and the Committee on Natural Resources of 
        the House of Representatives a notice and explanation regarding 
        the extent to which the gates are able to remain open pursuant 
        to paragraphs (1) through (3);
            (5) implement turbidity control strategies that may allow 
        for increased water deliveries while avoiding jeopardy to adult 
        Delta smelt due consistent with the smelt biological opinion;
            (6) adopt a 1:1 inflow-to-export ratio for the increment of 
        increased flow, as measured as a 3-day running average at 
        Vernalis during the period beginning on April 1 and ending on 
        May 31, that results from the voluntary sale, transfer, or 
        exchange, unless the Secretaries of the Interior and Commerce 
        determine in writing that the ratio will cause additional 
        adverse effects on any salmonid listed fish species beyond the 
        range of effects anticipated to occur to the listed fish 
        species for the duration of the salmonid biological opinion 
        using the best scientific and commercial data available and 
        subject to the condition that any individual sale, transfer, or 
        exchange using that ratio may only proceed if--
                    (A) the Secretary of the Interior determines that 
                the environmental effects of the proposed sale, 
                transfer, or exchange are consistent with effects 
                permitted under applicable law (including the 
                Endangered Species Act (16 U.S.C. 1531 et seq.), the 
                Federal Water Pollution Control Act (33 U.S.C. 1381 et 
                seq.), and the Porter-Cologne Water Quality Control Act 
                (California Water Code 13000 et seq.));
                    (B) Delta conditions are suitable to allow movement 
                of the acquired, transferred, or exchanged water 
                through the Delta, in accordance with existing Central 
                Valley Project and State Water Project permitted water 
                rights and the requirements of section 3405(a)(1)(H) of 
                the Central Valley Project Improvement Act (Public Law 
                102-575; 106 Stat. 4711); and
                    (C) the voluntary sale, transfer, or exchange of 
                water results in flow that is in addition to flow that 
                otherwise would occur in the absence of the voluntary 
                sale, transfer, or exchange;
            (7)(A) issue all necessary permit decisions under the 
        authority of the Secretaries of the Interior and Commerce by 
        not later than 60 days after the date of receipt of a completed 
        application by the State of California to place and use 
        temporary barriers or operable gates in Delta channels to 
        improve water quantity and quality for State Water Project and 
        Central Valley Project south-of-Delta water contractors and 
        other water users, which barriers or gates shall provide 
        benefits for species protection and in-Delta water user water 
        quality, subject to the condition that the barriers or gates 
        shall be designed so that, if practicable, formal consultations 
        under section 7 of the Endangered Species Act of 1973 (16 
        U.S.C. 1536) are not necessary; or
            (B) take a longer period to issue the permit decisions 
        described in subparagraph (A) only if the Secretaries of the 
        Interior and Commerce determine in writing that an 
        environmental impact statement is needed for the proposal to 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (8) allow and facilitate, consistent with existing 
        priorities, water transfers through the C.W. ``Bill'' Jones 
        Pumping Plant or the Harvey O. Banks Pumping Plant during the 
        period beginning on April 1 and ending on November 30, subject 
        to the condition that the transfers--
                    (A) are consistent with applicable Federal and 
                State laws (including regulations), including the 
                California Environmental Quality Act (California Public 
                Resources Code 21000-21177); and
                    (B) are consistent with the smelt biological 
                opinion and the salmonid biological opinion;
            (9) require the Director and the Commissioner--
                    (A)(i) to determine whether a written transfer 
                proposal is complete by not later than 30 days after 
                the date of submission of the proposal; and
                    (ii) if the proposal is determined to be 
                incomplete, to State with specificity what shall be 
                supplemented or revised to complete the proposal; and
                    (B)(i) complete all requirements under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) necessary to make final permit decisions 
                on water transfer requests in the State of California 
                by--
                            (I) not later than 30 days after deeming 
                        the application complete pursuant to 
                        subparagraph (A); or
                            (II) such later date as the Director or the 
                        Commissioner determines to be necessary, only 
                        if the Director or the Commissioner determines 
                        in writing that an environmental impact 
                        statement is needed for the proposal to comply 
                        with the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.); and
                    (ii) approve any water transfer request described 
                in clause (i) to maximize the quantity of water 
                supplies, subject to the condition that actions 
                associated with the water transfer comply with 
                applicable Federal and State laws (including 
                regulations) and are consistent with--
                            (I) existing permitted water rights; and
                            (II) the requirements of section 
                        3405(a)(1)(H) of the Central Valley Project 
                        Improvement Act (Public Law 102-575; 106 Stat. 
                        4711);
            (10) in coordination with the Secretary of Agriculture, 
        enter into an agreement with the National Academy of Sciences 
        to conduct a comprehensive study, to be completed not later 
        than 1 year after the date of enactment of this Act, on the 
        effectiveness and environmental impacts of saltcedar biological 
        control efforts on increasing water supplies and improving 
        riparian habitats of the Colorado River and its principal 
        tributaries, in the State of California and elsewhere;
            (11) pursuant to the research and adaptive management 
        provisions of the smelt biological opinion and the salmonid 
        biological opinion--
                    (A) use all available scientific tools to identify 
                any changes to real-time operations of Bureau of 
                Reclamation, State of California, or local water 
                projects that could result in the availability of 
                additional water supplies; and
                    (B) determine whether alternative operational or 
                other management measures would meet applicable 
                regulatory requirements for listed species while 
                maximizing water supplies and water supply reliability; 
                and
            (12) continue to vary the averaging period of the maximum 
        percent of Delta Inflow Diverted (Delta export-inflow ratio), 
        to the extent consistent with any applicable California Water 
        Resources Control Board orders under decision D-1641 (which 
        sets water quality objectives for the San Francisco Bay/
        Sacramento-San Joaquin Delta Estuary) to operate--
                    (A) to a ratio using a 3-day averaging period on 
                the rising limb of a Delta inflow hydrograph; and
                    (B) to a 14-day averaging period on the falling 
                limb of the Delta inflow hydrograph.
    (c) Other Agencies.--To the extent that a Federal department or 
agency other than the Department of the Interior or the Department of 
Commerce has a role in approving a project described in subsection (a) 
or (b), this section shall apply to the Federal department or agency.
    (d) Accelerated Project Decision and Elevation.--
            (1) In general.--On request of the Governor of California, 
        the Secretaries of the Interior and Commerce shall use the 
        expedited procedures under this subsection to make final 
        decisions relating to Federal or federally approved projects or 
        operational changes proposed pursuant to subsections (a) and 
        (b) to provide additional water supplies or otherwise address 
        emergency drought conditions.
            (2) Request for resolution.--
                    (A) In general.--On request of the Governor of 
                California, the Secretaries of the Interior and 
                Commerce or the head of another Federal department or 
                agency responsible for carrying out a review of a 
                project, as applicable, shall convene a final project 
                decision meeting with the heads of all relevant Federal 
                agencies to decide whether to approve a project to 
                provide emergency water supplies or otherwise address 
                emergency drought conditions.
                    (B) Meeting.--A meeting under subparagraph (A) 
                shall convene not later than 7 days after the date of 
                receipt of the meeting request.
            (3) Notification.--On receipt of a request for a meeting 
        under this subsection, the Secretary of the Interior shall 
        notify the heads of all relevant Federal departments and 
        agencies of the request, including a description of--
                    (A) the project to be reviewed; and
                    (B) the date for the meeting.
            (4) Decision.--Not later than 10 days after the date on 
        which a meeting is requested under paragraph (2), the head of 
        the relevant Federal agency shall issue a final decision on the 
        project.
            (5) Meeting convened by secretary.--The Secretary of the 
        Interior may convene a final project decision meeting under 
        this subsection at any time, at the discretion of the 
        Secretary, regardless of whether a meeting is requested under 
        paragraph (2).
            (6) Limitation.--The expedited procedures under this 
        subsection apply only--
                    (A) to proposed new Federal projects or operational 
                changes pursuant to subsection (a) or (b); and
                    (B) to the extent the procedures are consistent 
                with applicable laws (including regulations).
    (e) Drought Plan.--For any year during which this section is in 
effect, the Secretaries of the Interior and Commerce, in consultation 
with appropriate State officials, shall develop a drought operations 
plan that is consistent with this Act and other applicable Federal and 
State laws, including provisions intended to provide additional water 
supplies that could be of assistance during the drought in existence on 
the date of enactment of this Act.

SEC. 303. TEMPORARY OPERATIONAL FLEXIBILITY TO CAPTURE PEAK FLOWS FROM 
              WINTER STORMS.

    (a) Environmental Protection Mandate.--The Secretaries of the 
Interior and Commerce shall take no action pursuant to this Act that 
would cause additional adverse effects on the listed fish species 
beyond the range of effects anticipated to occur to the listed fish 
species for the duration of the applicable biological opinion, using 
the best scientific and commercial data available.
    (b) Real-Time Management To Achieve Multiple Goals.--Pursuant to 
the adaptive management provisions of the smelt biological opinion and 
the salmonid biological opinion, the Secretaries of the Interior and 
Commerce shall monitor in real time to determine the location and 
densities of listed fish species relative to the pumps and Delta 
conditions, in order to identify--
            (1) opportunities to increase water pumping without 
        violating the standard in subsection (a) or other environmental 
        laws and regulations; and
            (2) circumstances where it is necessary to decrease water 
        pumping to protect listed fish species.
    (c) Requirement.--When consistent with the environmental protection 
mandate in subsection (a) and other environmental protections under 
subsection (f), the Secretaries of the Interior and Commerce, through 
the drought contingency plans, shall evaluate and may authorize the 
Central Valley Project and the State Water Project, combined, to 
operate at levels that result in daily average OMR flows more negative 
than -5,000 cubic feet per second (based on United States Geological 
Survey gauges on OMR) to capture peak flows during storm-related 
events, in accordance with subsections (d), (e), and (f).
    (d) Factors To Be Considered.--In determining additional adverse 
effects on any listed fish species beyond the range of effects 
anticipated to occur to the listed fish species for the duration of the 
smelt biological opinion or salmonid biological opinion, using the best 
scientific and commercial data available, the Secretaries of the 
Interior and Commerce may consider the following factors:
            (1) The real-time distribution of listed species.
            (2) Relevant physical parameters including projected 
        inflows, turbidity, salinities, and tidal cycles.
            (3) Any other factor under the relevant biological opinion.
    (e) Other Environmental Protections.--
            (1) State law.--The actions of the Secretaries of the 
        Interior and Commerce pursuant to this section shall be 
        consistent with applicable regulatory requirements under State 
        law.
            (2) First sediment flush.--During the first flush of 
        sediment out of the Delta during each water year, based on 
        objective evidence and notwithstanding the other provisions of 
        this subsection, the Secretary of the Interior shall manage OMR 
        flow pursuant to the portion of the smelt biological opinion 
        that protects adult Delta smelt from the first flush if 
        required to do so by the smelt biological opinion.
            (3) Applicability.--
                    (A) In general.--This section on capturing peak 
                flows from winter storms shall not affect the 
                application of the salmonid biological opinion during 
                the period beginning on April 1 and ending on May 31, 
                unless the Secretary of Commerce determines that this 
                section can be applied during part or all of that time 
                period to provide emergency water supply relief without 
                resulting in additional adverse effects beyond those 
                anticipated to occur for the duration the salmonid 
                biological opinion.
                    (B) Through-Delta water transfers.--In addition to 
                any other actions to benefit water supply, the 
                Secretaries of the Interior and Commerce shall consider 
                allowing through-Delta water transfers to occur during 
                the period referred to in subparagraph (A), in 
                accordance with section 302(b)(8).
            (4) Monitoring.--In implementing this section, the 
        Commissioner, in coordination with the Director, the Assistant 
        Administrator, and the California Department of Fish and 
        Wildlife, shall carry out a monitoring program and other data 
        gathering activities--
                    (A) to ensure incidental take levels are not 
                exceeded; and
                    (B) to identify potential negative impacts, if any.
    (f) Effect of High Outflows.--When exercising their authorities 
pursuant to drought contingency plans to capture peak flows pursuant to 
subsection (c), the Secretaries of the Interior and Commerce shall not 
count any day during that period toward the 5-day or 14-day running 
averages of tidally filtered daily OMR flow requirements under the 
smelt biological opinion or the salmonid biological opinion unless 
doing so is required to avoid additional adverse effects on listed fish 
species beyond the range of effects anticipated to occur to the listed 
fish species for the duration of the biological opinions, using the 
best scientific and commercial data available.

SEC. 304. EMERGENCY ENVIRONMENTAL REVIEWS.

    To minimize the time spent carrying out environmental reviews and 
quickly to deliver water that is needed to address emergency drought 
conditions in the State of California, the head of each applicable 
Federal department or agency shall, in carrying out this title, consult 
with the Council on Environmental Quality in accordance with section 
1506.11 of title 40, Code of Federal Regulations (or successor 
regulations), to develop alternative arrangements to comply with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
during the emergency. The Council on Environmental Quality shall 
exercise its authority in a timely manner and with an outcome 
consistent with the need to address the emergency drought conditions in 
the State of California.

SEC. 305. LEVEL OF DETAIL REQUIRED FOR ANALYSIS.

    In articulating the determinations and demonstrations required 
under this title and title I, the Secretaries of the Interior and 
Commerce shall--
            (1) fully satisfy the requirements of this title addressing 
        both supporting and countervailing evidence using such quantity 
        of written supporting detail as is reasonable within the 
        timeframe permitted for timely decisionmaking in response to 
        changing conditions in the Delta; and
            (2) make the decision document available on a publicly 
        accessible Internet website.

                         TITLE IV--WATER RIGHTS

SEC. 401. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this Act regarding potential 
impacts to any consistency determination for operations of the State 
Water Project issued pursuant to section 2080.1 of the California Fish 
and Game Code.
    (b) Additional Yield.--If, as a result of the application of this 
Act, the California Department of Fish and Wildlife--
            (1) determines that operations of the State Water Project 
        are inconsistent with the consistency determinations issued 
        pursuant to California Fish and Game Code section 2080.1 for 
        operations of the State Water Project; or
            (2) requires take authorization under California Fish and 
        Game Code section 2081 for operation of the State Water 
        Project,
in a manner that directly or indirectly results in reduced water supply 
to the State Water Project as compared with the water supply available 
under the smelt biological opinion and the salmonid biological opinion, 
and as a result, Central Valley Project yield is greater than it 
otherwise would have been, then that additional yield shall be made 
available to the State Water Project for delivery to State Water 
Project contractors to offset the reduced water supply, provided that 
if it is necessary to reduce water supplies for any Central Valley 
Project authorized uses or contractors to make available to the State 
Water Project that additional yield, such reductions shall be applied 
proportionately to those uses or contractors that benefit from that 
increased yield.
    (c) Notification Related to Environmental Protections.--The 
Secretaries of the Interior and Commerce shall--
            (1) notify the Director of the California Department of 
        Fish and Wildlife regarding any changes in the manner in which 
        the smelt biological opinion or the salmonid biological opinion 
        is implemented; and
            (2) confirm that those changes are consistent with the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (d) Savings.--Nothing in this section shall have any effect on the 
application of the California Endangered Species Act (California Fish 
and Game Code sections 2050 through 2116).

SEC. 402. AREA OF ORIGIN AND WATER RIGHTS PROTECTIONS.

    (a) In General.--In carrying out this Act, the Secretaries of the 
Interior and Commerce shall not take any action that--
            (1) diminishes, impairs, or otherwise affects in any manner 
        any area of origin, watershed of origin, county of origin, or 
        any other water rights protection, including rights to water 
        appropriated before December 19, 1914, provided under 
        California law;
            (2) limits, expands, or otherwise affects the application 
        of section 10505, 10505.5, 11128, 11460, 11461, 11462, 11463, 
        or 12200 through 12220 of the California Water Code or any 
        other provision of California water rights law, without respect 
        to whether such a provision is specifically referred to in this 
        Act; or
            (3) diminishes, impairs, or otherwise affects in any manner 
        any water rights or water rights priorities under applicable 
        law.
    (b) Effect of Act.--Nothing in this Act--
            (1) affects or modifies any obligation of the Secretary of 
        the Interior under section 8 of the Act of June 17, 1902 (32 
        Stat. 390, chapter 1093); or
            (2) diminishes, impairs, or otherwise affects in any manner 
        any project purposes or priorities for the allocation, 
        delivery, or use of water under applicable law, including the 
        project purposes and priorities established under sections 3402 
        and section 3406 of the Central Valley Project Improvement Act 
        (Public Law 102-575; 106 Stat. 4706).

SEC. 403. NO REDIRECTED ADVERSE IMPACTS.

    (a) Applicability.--
            (1) In general.--The Secretaries of the Interior and 
        Commerce shall not carry out any specific action pursuant to 
        this Act that will directly or, through State agency action, 
        indirectly result in the involuntary reduction of water supply 
        to an individual, district, or agency that has in effect a 
        contract for water with the State Water Project or the Central 
        Valley Project, including settlement and exchange contracts, 
        operating contracts, refuge contracts, and Friant Division 
        contracts, as compared to the water supply that would be 
        provided in the absence of action under this Act.
            (2) Effect of act.--Nothing in this Act modifies, amends, 
        or affects any right or obligation of any party to a contract 
        described in paragraph (1).
    (b) Action on Determination.--If, after exploring all options, the 
Secretary makes a final determination that a proposed action under this 
Act cannot be carried out in accordance with subsection (a), the 
Secretary--
            (1) shall document that determination in writing with 
        regard to that action, including a statement of the facts 
        relied on, and an explanation of the basis, for the decision; 
        and
            (2) is subject to applicable law, including the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 404. ALLOCATIONS FOR SACRAMENTO VALLEY WATER SERVICE CONTRACTORS.

    (a) Definitions.--In this section:
            (1) Existing central valley project agricultural water 
        service contractor within sacramento river watershed.--The term 
        ``existing Central Valley Project agricultural water service 
        contractor within the Sacramento River Watershed'' means any 
        water service contractor within the Shasta, Trinity, or 
        Sacramento River Division of the Central Valley Project that 
        has in effect a water service contract on the date of enactment 
        of this Act that provides water for irrigation.
            (2) Year terms.--The terms ``Above Normal'', ``Below 
        Normal'', ``Dry'', and ``Wet'', with respect to a year, have 
        the meanings given those terms in the Sacramento Valley Water 
        Year Type (40-30-30) Index.
    (b) Allocations of Water.--
            (1) Allocations.--Subject to subsection (c), the Secretary 
        of the Interior shall make every reasonable effort in the 
        operation of the Central Valley Project to allocate water 
        provided for irrigation purposes to each existing Central 
        Valley Project agricultural water service contractor within the 
        Sacramento River Watershed in accordance with the following:
                    (A) Not less than 100 percent of the contract 
                quantity shall be allocated to the Central Valley 
                Project agricultural water service contractor within 
                the Sacramento River Watershed in a Wet year.
                    (B) Not less than 100 percent of the contract 
                quantity shall be allocated to the Central Valley 
                Project agricultural water service contractor within 
                the Sacramento River Watershed in an Above Normal year.
                    (C) Not less than 100 percent of the contract 
                quantity shall be allocated to the Central Valley 
                Project agricultural water service contractor within 
                the Sacramento River Watershed in a Below Normal year 
                that is preceded by an Above Normal or Wet year.
                    (D) Not less than 50 percent of the contract 
                quantity shall be allocated to the existing Central 
                Valley Project agricultural water service contractor 
                within the Sacramento River Watershed in a Dry year 
                that is preceded by a Below Normal, Above Normal, or 
                Wet year.
                    (E) Subject to paragraph (2), in any other year not 
                identified in any of subparagraphs (A) through (D), the 
                Secretary shall allocate not less than twice the 
                allocation percentage to south-of-Delta Central Valley 
                Project agricultural water service contractors, up to 
                100 percent.
            (2) Effect of subparagraph.--In the event of anomalous 
        circumstances, nothing in paragraph (1)(E) precludes an 
        allocation to an existing Central Valley Project agricultural 
        water service contractor within the Sacramento River Watershed 
        that is greater than twice the allocation percentage to a 
        south-of-Delta Central Valley Project agricultural water 
        service contractor.
    (c) Protection of Environment, Municipal, and Industrial Supplies 
and Other Contractors.--
            (1) Environment.--Nothing in subsection (b) shall adversely 
        affect any protections for the environment, including--
                    (A) the cold water pool behind Shasta Dam or any 
                other Central Valley Project reservoir;
                    (B) the obligation of the Secretary of the Interior 
                to make water available to managed wetlands pursuant to 
                section 3406(d) of the Central Valley Project 
                Improvement Act (Public Law 102-575; 106 Stat. 4722); 
                or
                    (C) any obligation--
                            (i) of the Secretaries of the Interior and 
                        Commerce under the smelt biological opinion, 
                        the salmonid biological opinion, or any other 
                        applicable biological opinion; or
                            (ii) under the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.), the Central 
                        Valley Project Improvement Act (Public Law 102-
                        575; 106 Stat. 4706), or any other applicable 
                        State or Federal law (including regulations).
            (2) Municipal and industrial supplies.--Nothing in 
        subsection (b) shall--
                    (A) modify any provision of a water service 
                contract that addresses municipal or industrial water 
                shortage policies of the Secretaries of the Interior 
                and Commerce;
                    (B) affect or limit the authority of the 
                Secretaries of the Interior and Commerce--
                            (i) to adopt or modify municipal and 
                        industrial water shortage policies; or
                            (ii) to implement a municipal or industrial 
                        water shortage policy;
                    (C) constrain, govern, or affect, directly or 
                indirectly, the operations of the American River 
                Division of the Central Valley Project or any 
                deliveries from that Division or a unit or facility of 
                that Division; or
                    (D) affect any allocation to a Central Valley 
                Project municipal or industrial water service 
                contractor by increasing or decreasing allocations to 
                the contractor, as compared to the allocation the 
                contractor would have received absent subsection (b).
            (3) Other contractors.--Nothing in subsection (b) shall--
                    (A) affect the priority of any individual or entity 
                with a Sacramento River settlement contract over water 
                service or repayment contractors;
                    (B) affect the obligation of the United States to 
                make a substitute supply of water available to the San 
                Joaquin River exchange contractors;
                    (C) result in the involuntary reduction in water 
                allocations to refuge contractors;
                    (D) affect the allocation of water to Friant 
                Division contractors of the Central Valley Project;
                    (E) result in the involuntary reduction in contract 
                water allocations to individuals or entities with 
                contracts to receive water from the Friant Division; or
                    (F) authorize any actions inconsistent with State 
                water rights law.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. AUTHORIZED SERVICE AREA.

    (a) In General.--The service area of the Central Valley Project, as 
authorized by the Central Valley Project Improvement Act (Public Law 
102-575; 106 Stat. 4706), shall include the area within the boundaries 
of the Kettleman City Community Services District of California, as in 
existence on the date of enactment of this Act.
    (b) Long-Term Contract.--
            (1) In general.--Notwithstanding the Central Valley Project 
        Improvement Act (Public Law 102-575; 106 Stat. 4706) and 
        subject to paragraph (2), the Secretary of the Interior, in 
        accordance with the reclamation laws, shall enter into a long-
        term contract with the Kettleman City Community Services 
        District of California, under terms and conditions mutually 
        agreeable to the parties, for the delivery of up to 900 acre-
        feet of Central Valley Project water for municipal and 
        industrial use.
            (2) Limitation.--A Central Valley Project water delivery 
        under the contract entered into under paragraph (1) shall be 
        limited to the minimal quantity necessary to meet the immediate 
        needs of the Kettleman City Community Services District, in the 
        event that local supplies or State Water Project allocations 
        are insufficient to meet those needs.
    (c) Permit.--The Secretary shall apply to the State of California 
for a permit for a joint place of use for water deliveries under the 
contract entered into under subsection (b) with respect to the expanded 
service area under subsection (a), in accordance with State law.
    (d) Additional Costs.--The applicable non-Federal entity shall pay 
the costs of any additional infrastructure, water treatment, or related 
costs are needed to carry out this section.

SEC. 502. OVERSIGHT OVER AND PUBLIC INPUT INTO RESTORATION FUND 
              ACTIVITIES.

    Section 3407 of the Central Valley Project Improvement Act (Public 
Law 102-575; 106 Stat. 4726) is amended by striking subsection (f) and 
inserting the following:
    ``(f) Restoration Fund Financial Reports.--
            ``(1) Transparency in expenditures.--For the effective 
        period of the California Emergency Drought Relief Act, the 
        Secretary shall make available, on a publicly accessible 
        Internet website, a report describing a detailed work plan for 
        the expenditure of all amounts deposited in the Restoration 
        Fund during the preceding fiscal year, including--
                    ``(A) a description of all receipts to, and uses 
                of, funds deposited in the Restoration Fund and the 
                Restoration Account during the preceding fiscal year;
                    ``(B) a projection of the expected receipts to the 
                Restoration Fund and Restoration Account for the 
                following fiscal year; and
                    ``(C) an analysis of the effectiveness of each 
                expenditure included in the report covering the 
                preceding fiscal year.
            ``(2) Public participation for planned expenditures.--
                    ``(A) In general.--For each fiscal year, the 
                Secretary shall make available on a publicly accessible 
                Internet website a proposed draft work plan for the 
                following fiscal year regarding priorities and spending 
                levels for projects and programs to be carried out 
                under this title.
                    ``(B) Public comment.--The draft work plan under 
                this paragraph shall be made available for public 
                comment for a period not less than 30 days.''.

SEC. 503. BASIN STUDIES.

    (a) In General.--The Secretary of the Interior shall--
            (1) expand opportunities and expedite completion of 
        assessments under the Secure Water Act (section 9503(b) of 
        Public Law 111-11 (42 U.S.C. 10363(b)), together with non-
        Federal partners, of individual sub-basins and watersheds 
        within major Reclamation river basins; and
            (2) ensure prompt decisionmaking regarding, and expedited 
        implementation of, adaptation and mitigation strategies 
        developed through the special study process.
    (b) Contributed Funds.--The Secretary may accept and use 
contributions of funds from the non-Federal partners to carry out 
activities under the special studies consistent with the administration 
of basin studies program criteria.

SEC. 504. TECHNICAL AND MODELING ASSISTANCE.

    (a) In General.--The Secretaries of the Interior and Commerce may 
provide technical and modeling assistance on request to the State Water 
Resources Control Board during the drought emergency in effect on the 
date of enactment of this Act.
    (b) Data Availability.--The Secretaries of the Interior and 
Commerce shall make publicly available on request any modeling and data 
provided under subsection (a).

SEC. 505. REPORT ON RESULTS OF WATER USAGE.

    The Secretary of the Interior, in consultation with the Secretary 
of Commerce and the Secretary of Natural Resources of the State of 
California, shall publish an annual report describing, with respect to 
the period covered by the report--
            (1) instream flow releases from the Central Valley Project 
        and State Water Project;
            (2) the explicit purpose and authority of those releases; 
        and
            (3) all measured environmental benefits as a result of the 
        releases.

SEC. 506. ADDITIONAL STORAGE AT NEW MELONES.

    (a) Coordination.--The Commissioner shall coordinate with local 
water and irrigation districts in the Stanislaus River Basin to 
identify the quantity of water storage made available by the draft plan 
of operations in New Melones Reservoir (referred to in this section as 
the ``draft plan'') for--
            (1) water conservation programs;
            (2) conjunctive use projects;
            (3) water transfers;
            (4) rescheduled project water; and
            (5) other projects to maximize water storage and ensure the 
        beneficial use of the water resources in the Stanislaus River 
        Basin.
    (b) Requirement.--The programs and projects described in subsection 
(a) shall be implemented in accordance with applicable laws (including 
regulations).
    (c) Source of Water.--The source of water for any storage program 
carried out under this section at New Melones Reservoir shall be made 
available under a valid water right, in accordance with--
            (1) the water transfer guidelines of the State of 
        California; and
            (2) any other applicable State water law.
    (d) Report.--Not later than 18 months after the date of 
identification of the quantity of storage made available under the 
draft plan that has been allocated under this section, the Commissioner 
shall submit to Congress a report describing the implementation of this 
section, including proposals received by the Commissioner from 
interested parties for purposes of this section.

SEC. 507. CONTRACTING AUTHORITIES.

    (a) Delta Research Station Leases.--Notwithstanding section 585 of 
title 40, United States Code, the Secretaries of the Interior and 
Commerce may enter directly into any lease of real property for the 
Delta Research Station.
    (b) Collaborative Processes.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.) and applicable Federal acquisitions and 
contracting authorities, the Secretaries of the Interior and Commerce 
may use the collaborative processes under the Collaborative Science 
Adaptive Management Program to enter into contracts with specific 
individuals or organizations directly or in conjunction with 
appropriate State agencies.

SEC. 508. VOLUNTARY OPEN WATER DATA SYSTEM.

    (a) Definitions.--In this section:
            (1) Educational institution.--The term ``educational 
        institution'' means--
                    (A) a public or private elementary or secondary 
                school;
                    (B) an institution of vocational, professional, or 
                higher education (including a junior college or 
                teachers' college); and
                    (C) an association of schools or institutions 
                described in subparagraphs (A) and (B).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (5) System.--The term ``system'' means the open water data 
        system established under subsection (b).
    (b) System.--The Secretary shall establish and maintain an open 
water data system within the United States Geological Survey to advance 
the availability, timely distribution, and widespread use of water data 
and information for water management, education, research, assessment, 
and monitoring purposes.
    (c) Purposes.--The purposes of the system are--
            (1) to promote the voluntary sharing of water data and 
        information among State, local, and tribal governments, 
        communities, educational institutions, and the private sector;
            (2) to advance the quantification of the availability, use 
        of, and risks to, water resources throughout the United States;
            (3) to increase accessibility to, and expand the use of, 
        water data and information in a standard, easy-to-use format by 
        Federal, State, local, and tribal governments, communities, 
        educational institutions, and the private sector; and
            (4) to facilitate the open exchange of water information 
        particularly in the face of climate change and unprecedented 
        drought.
    (d) Activities.--
            (1) In general.--In carrying out this section, the 
        Secretary shall coordinate with the National Oceanic and 
        Atmospheric Administration--
                    (A) to integrate water data and information into an 
                interoperable, national, geospatially referenced water 
                data framework;
                    (B) identify new water data and information needs, 
                including data on surface and ground water quality and 
                quantity, contaminated aquifers, sediment, erosion, 
                transport, water chemistry, brackish water, 
                precipitation, reservoir storage, water cycle, 
                landscape variables, hydrography, climate and weather 
                impacts, soil moisture, and human use;
                    (C) to leverage existing shared databases, 
                infrastructure, and tools to provide a platform for 
                water data and information innovation, modeling and 
                data sharing, and solution development; and
                    (D) to support water data and information sharing, 
                applied research, and educational programs of State, 
                local, and tribal governments, communities, educational 
                institutions, and the private sector.
            (2) Requirement.--Any activity carried out pursuant to this 
        section by the Secretary or a non-Federal participant shall 
        be--
                    (A) voluntary; and
                    (B) carried out in accordance with all Federal and 
                State privacy laws.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2016 through 2020.

SEC. 509. SINGLE ANNUAL REPORT.

    To the maximum extent practicable, the Secretary of the Interior 
shall combine into 1 report the annual reports required to be submitted 
under this Act to the Committees on Appropriations and Energy and 
Natural Resources of the Senate and the Committees on Appropriations 
and Natural Resources of the House of Representatives.

                           TITLE VI--OFFSETS

SEC. 601. DEAUTHORIZATION OF INACTIVE PROJECTS.

    (a) Purposes; Definitions.--
            (1) Purposes.--The purposes of this section are--
                    (A) to identify Bureau of Reclamation projects and 
                programs that are no longer feasible due to--
                            (i) a lack of local support;
                            (ii) a lack of available Federal or non-
                        Federal resources; or
                            (iii) an authorized purpose that is no 
                        longer relevant or feasible;
                    (B) to establish an efficient and transparent 
                process for deauthorizing Reclamation projects and 
                programs that have failed to receive a minimum level of 
                investment to ensure active projects can move forward 
                while reducing the backlog of authorized projects;
                    (C) to create an expedited and definitive process 
                to deauthorize Reclamation projects and programs;
                    (D) to allow the continued authorization of 
                programs and projects that are feasible; and
                    (E) to establish a process for identifying 
                authorized Reclamation projects and programs that are 
                no longer--
                            (i) in the Federal interest; or
                            (ii) feasible.
            (2) Definitions.--In this section:
                    (A) Reclamation project or program.--The term 
                ``Reclamation project or program'' includes any project 
                or program that is administered by the Bureau of 
                Reclamation.
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
    (b) Comprehensive Reports.--
            (1) Minimum funding list.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives, and make available on a publicly accessible 
        Internet website in a manner that is downloadable, searchable, 
        and sortable, a list of--
                    (A) Reclamation programs authorized, and for which 
                funding was obligated, during the current fiscal year 
                or any of the preceding 5 fiscal years; and
                    (B)(i) Reclamation projects or separable elements 
                of projects authorized for construction for which 
                funding has been obligated during the current fiscal 
                year or any of the 5 preceding fiscal years;
                    (ii) the amount of funding obligated for each such 
                project or separable element per fiscal year;
                    (iii) the current phase of each such project or 
                separable element; and
                    (iv) the amount required to complete the current 
                phase of each such project or separable element.
            (2) Backlog report.--Together with the report under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Natural Resources of the House of Representatives, and make 
        available on a publicly accessible Internet website in a manner 
        that is downloadable, searchable, and sortable, a list of--
                    (A) Reclamation programs that are authorized and 
                for which funding was not obligated during the current 
                fiscal year or any of the preceding 5 fiscal years; and
                    (B)(i) projects or separable elements that are 
                authorized for construction but have not been 
                completed;
                    (ii) the date of authorization of the project or 
                separable element, including any subsequent 
                modifications to the original authorization;
                    (iii) the original budget authority for the project 
                or separable element;
                    (iv) a brief description of the project or 
                separable element;
                    (v) the estimated date of completion of the project 
                or separable element;
                    (vi) the estimated cost of completion of the 
                project or separable element; and
                    (vii) any amounts appropriated for the project or 
                separable element that remain unobligated.
    (c) Interim Deauthorization List.--
            (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies each authorized 
        Reclamation program or project, or separable element of a 
        Reclamation program or project, for which Federal or non-
        Federal funds were not obligated for construction during--
                    (A) the applicable fiscal year; or
                    (B) any of the 5 preceding fiscal years.
            (2) Special rule for projects receiving funds for 
        postauthorization study.--A Reclamation project or separable 
        element of a Reclamation project may not be identified on the 
        interim deauthorization list, or on the final deauthorization 
        list under subsection (d), if the Reclamation project or 
        separable element received funding for a postauthorization 
        study during--
                    (A) the applicable fiscal year; or
                    (B) any of the 5 preceding fiscal years.
            (3) Public comment and consultation.--
                    (A) In general.--The Secretary shall solicit 
                comments from the public and the Governors of each 
                applicable State regarding the interim deauthorization 
                list developed under paragraph (1).
                    (B) Comment period.--The public comment period 
                under subparagraph (A) shall be 90 days.
            (4) Submission to congress; publication.--Not later than 90 
        days after the date of submission of the list required under 
        subsection (b), the Secretary shall--
                    (A) submit the interim deauthorization list to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Natural Resources of the House of 
                Representatives; and
                    (B) publish the interim deauthorization list in the 
                Federal Register.
    (d) Final Deauthorization List.--
            (1) In general.--The Secretary shall develop a final 
        deauthorization list of each Reclamation program or project, or 
        separable element of a Reclamation program or project, 
        described in subsection (c)(1) that is identified pursuant to 
        this subsection.
            (2) Identification of projects.--
                    (A) Sequencing.--
                            (i) In general.--The Secretary shall 
                        identify Reclamation projects and separable 
                        elements of Reclamation projects for inclusion 
                        on the final deauthorization list according to 
                        the order in which the Reclamation projects and 
                        separable elements were authorized, beginning 
                        with the earliest-authorized Reclamation 
                        projects and separable elements.
                            (ii) Factors for consideration.--The 
                        Secretary may identify a Reclamation program, 
                        project, or separable element of a Reclamation 
                        program or project for exclusion from the final 
                        deauthorization list if the Secretary 
                        determines, on a case-by-case basis, that the 
                        Reclamation program, project, or separable 
                        element is critical for interests of the United 
                        States, based on the possible impact of the 
                        Reclamation program, project, or separable 
                        element on--
                                    (I) public health and safety;
                                    (II) the national economy; or
                                    (III) the environment.
                            (iii) Consideration of public comments.--In 
                        making a determination under clause (i) or 
                        (ii), the Secretary shall take into 
                        consideration any comments received under 
                        subsection (c)(3).
                    (B) Appendix.--The Secretary shall include as part 
                of the final deauthorization list an appendix that--
                            (i) identifies each Reclamation program, 
                        project, and separable element of a Reclamation 
                        program or project on the interim 
                        deauthorization list developed under subsection 
                        (c) that is not included on the final 
                        deauthorization list; and
                            (ii) describes the reasons why the 
                        Reclamation program, project, or separable 
                        element is not included.
            (3) Submission to congress; publication.--Not later than 
        120 days after the date of expiration of the public comment 
        period under subsection (c)(3), the Secretary shall--
                    (A) submit the final deauthorization list and the 
                appendix under paragraph (2)(B) to the Committee on 
                Energy and Natural Resources of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives; and
                    (B) publish the final deauthorization list and the 
                appendix in the Federal Register.
    (e) Deauthorization; Congressional Review.--
            (1) In general.--Subject to paragraph (2), effective 
        beginning on the date that is 180 days after the date of 
        submission of the final deauthorization list under subsection 
        (d), a Reclamation program, project, or separable element of a 
        Reclamation program or project included on the list is 
        deauthorized, unless Congress passes a joint resolution 
        disapproving the final deauthorization report before that date.
            (2) Non-federal contributions.--A Reclamation program, 
        project, or separable element included on the final 
        deauthorization list under subsection (d) shall not be 
        deauthorized under this subsection if, before the expiration of 
        the 180-day period referred to in paragraph (1), the non-
        Federal interest of the Reclamation program, project, or 
        separable element provides sufficient funds to complete the 
        Reclamation program, project, or separable element.
    (f) Treatment of Project Modifications.--For purposes of this 
section, if an authorized water resources development Reclamation 
program, project, or separable element of the program or project has 
been modified by an Act of Congress, the date of authorization of the 
Reclamation program, project, or separable element shall be deemed to 
be the date of the most recent modification.
    (g) Exemption.--Any Reclamation project that would yield an average 
of more than 200,000 acre-feet of water per year shall be exempt from 
this subsection.

SEC. 602. ACCELERATED REVENUE, REPAYMENT, AND SURFACE WATER STORAGE 
              ENHANCEMENT.

    (a) Short Title.--This section may be cited as the ``Accelerated 
Revenue, Repayment, and Surface Water Storage Enhancement Act''.
    (b) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the Reclamation 
        Surface Water Storage Account established under subsection 
        (f)(1).
            (2) Construction.--
                    (A) In general.--The term ``construction'' means 
                the designing, materials engineering and testing, 
                surveying, and building of surface water storage.
                    (B) Inclusions.--The term ``construction'' 
                includes--
                            (i) any addition to existing surface water 
                        storage; and
                            (ii) construction of a new surface water 
                        storage facility.
                    (C) Exclusions.--The term ``construction'' excludes 
                any Federal statutory or regulatory obligation relating 
                to any permit, review, approval, or other similar 
                requirement.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Surface water storage.--The term ``surface water 
        storage'' means storage at--
                    (A) any federally owned facility under the 
                jurisdiction of the Bureau of Reclamation; or
                    (B) any non-Federal facility used for the surface 
                storage and supply of water resources.
            (5) Treasury rate.--The term ``Treasury rate'' means the 
        20-year constant maturity treasury rate published by the United 
        States Treasury, as in existence on the effective date of the 
        applicable contract.
            (6) Water users association.--
                    (A) In general.--The term ``water users 
                association'' means an entity organized and recognized 
                under State law that is eligible to enter into 
                contracts with the Commissioner--
                            (i) to receive contract water for delivery 
                        to users of the water; and
                            (ii) to pay any applicable charges.
                    (B) Inclusions.--The term ``water users 
                association'' includes--
                            (i) an association;
                            (ii) a conservatory district;
                            (iii) an irrigation district;
                            (iv) a municipality; and
                            (v) a water project contract unit.
    (c) Conversion and Prepayment of Contracts.--
            (1) Conversion.--
                    (A) In general.--On receipt of a request from a 
                water users association, the Secretary shall convert 
                any water service contract in effect on the date of 
                enactment of this Act between the United States and the 
                water users association to allow for prepayment of the 
                repayment contract in accordance with this paragraph 
                under mutually agreeable terms and conditions.
                    (B) Manner.--The manner of conversion under this 
                paragraph shall be as follows:
                            (i) Water service contracts entered under 
                        section 9(c)(2) of the Act of August 4, 1939 
                        (53 Stat. 1194, chapter 418), to be converted 
                        under this section shall be converted to a 
                        contract under section 9(c)(1) of that Act (53 
                        Stat. 1194, chapter 418).
                            (ii) Water service contracts entered into 
                        under section 9(e) of the Act of August 4, 1939 
                        (53 Stat. 1196, chapter 418), to be converted 
                        under this section shall be converted to 
                        repayment contracts under section 9(d) of that 
                        Act (53 Stat. 1195, chapter 418).
            (2) Prepayment.--
                    (A) Section 9(c)(1).--Except for a repayment 
                contract under which the applicable water users 
                association has previously negotiated for prepayment, 
                each repayment contract under section 9(c)(1) of the 
                Act of August 4, 1939 (53 Stat. 1194, chapter 418) 
                (including any contract converted pursuant to paragraph 
                (1)(B)(i)), in effect on the date of enactment of this 
                Act shall, at the request of the water users 
                association--
                            (i) provide for the repayment in lump sum 
                        of the remaining construction costs identified 
                        in an applicable water project-specific 
                        municipal or industrial rate repayment schedule 
                        (as adjusted to reflect payment not reflected 
                        in the schedule) and properly assignable for 
                        ultimate return by the water users association, 
                        subject to the condition that an estimate of 
                        the remaining construction costs, as adjusted, 
                        shall be provided by the Secretary to the water 
                        users association by not later than 90 days 
                        after the date of receipt of the request of the 
                        water users association;
                            (ii) require that any construction costs or 
                        other capitalized costs that were incurred 
                        after the effective date of the contract, were 
                        not reflected in the rate schedule referred to 
                        in clause (i), or were not properly assignable 
                        to the water users association, and were 
                        incurred as a result of a collective annual 
                        allocation of capital costs to the water users 
                        association electing contract conversion under 
                        this subsection, shall be repaid--
                                    (I) for costs equal to less than 
                                $5,000,000, by not later than the date 
                                that is 5 years after the date of 
                                notification of the allocation; or
                                    (II) for costs equal to $5,000,000 
                                or more, in accordance with applicable 
                                reclamation laws; and
                            (iii) continue in effect for the period 
                        during which the water users association pays 
                        applicable charges in accordance with section 
                        9(c)(1) of the Act of August 4, 1939 (53 Stat. 
                        1194, chapter 418), and other applicable law.
                    (B) Section 9(d).--Except for a repayment contract 
                under which the applicable water users association has 
                previously negotiated for prepayment, each repayment 
                contract under section 9(d) of the Act of August 4, 
                1939 (53 Stat. 1195, chapter 418) (including any 
                contract converted pursuant to paragraph (1)(B)(ii)), 
                in effect on the date of enactment of this Act shall, 
                at the request of the water users association--
                            (i) provide for repayment of the remaining 
                        construction costs identified in an applicable 
                        water project-specific irrigation rate 
                        repayment schedule (as adjusted to reflect 
                        payment not reflected in the schedule) and 
                        properly assignable for ultimate return by the 
                        water users association in lump sum, by 
                        accelerated prepayment, or if made in 
                        approximately equal installments, by not later 
                        than 3 years after the effective date of the 
                        repayment contract, subject to the conditions 
                        that--
                                    (I) the amount shall be discounted 
                                by \1/2\ the Treasury rate; and
                                    (II) the estimate of the remaining 
                                construction costs, as adjusted, shall 
                                be provided by the Secretary to the 
                                water users association by not later 
                                than 90 days after the date of receipt 
                                of the request of the water users 
                                association;
                            (ii) require that any construction costs or 
                        other capitalized costs that were incurred 
                        after the effective date of the contract, were 
                        not reflected in the rate schedule referred to 
                        in clause (i), or were not properly assignable 
                        to the water users association, and were 
                        incurred as a result of a collective annual 
                        allocation of capital costs to the water users 
                        association electing contract conversion under 
                        this subsection, shall be repaid--
                                    (I) for costs equal to less than 
                                $5,000,000, by not later than the date 
                                that is 5 years after the date of 
                                notification of the allocation; or
                                    (II) for costs equal to $5,000,000 
                                or more, in accordance with applicable 
                                reclamation laws;
                            (iii) provide that power revenues will not 
                        be available to aid in repayment of 
                        construction costs allocated to irrigation 
                        under the contract; and
                            (iv) continue in effect for the period 
                        during which the water users association pays 
                        applicable charges in accordance with section 
                        9(d) of the Act of August 4, 1939 (53 Stat. 
                        1195, chapter 418), and other applicable law.
            (3) Treatment.--A contract entered into pursuant to this 
        subsection--
                    (A) shall not be adjusted on the basis of the type 
                of prepayment financing used by the applicable water 
                users association;
                    (B) shall conform to any other applicable 
                agreement, such as a settlement agreement or a new 
                constructed appurtenant facility agreement; and
                    (C) shall not modify any other--
                            (i) water service, repayment, exchange, or 
                        transfer contractual right between the water 
                        users association, and the Bureau of 
                        Reclamation; or
                            (ii) right, obligation, or relationship of 
                        the water users association and an applicable 
                        landowner in accordance with State law.
    (d) Accounting.--
            (1) Adjustment.--The amounts paid pursuant to subsection 
        (c) shall be subject to adjustment following a final cost 
        allocation by the Secretary.
            (2) Deficiencies.--
                    (A) In general.--If the final cost allocation under 
                paragraph (1) indicates that the costs properly 
                assignable to a water users association are greater 
                than the costs paid by the water users association, the 
                water users association shall be obligated to pay to 
                the Secretary the remaining allocated costs under an 
                additional repayment contract under subparagraph (B).
                    (B) Additional repayment contracts.--An additional 
                repayment contract required by subparagraph (A) shall--
                            (i) have a term of--
                                    (I) not less than 1 year; and
                                    (II) not more than 10 years; and
                            (ii) include such mutually agreeable 
                        provisions regarding the rate of repayment of 
                        the deficient amount as may be developed by the 
                        parties.
            (3) Overpayments.--If the final cost allocation under 
        paragraph (1) indicates that the costs properly assignable to a 
        water users association are less than the costs paid by the 
        water users association, the Secretary shall credit the amount 
        of the overpayment as an offset against any outstanding or 
        future obligation of the water users association with the 
        exception of Restoration Fund charges pursuant to section 
        3407(d) of Public Law 102-575.
    (e) Applicability of Certain Provisions.--
            (1) Effect of existing law.--On compliance by a water users 
        association with, and discharge of the obligation of repayment 
        of the construction costs pursuant to, a contract entered into 
        under to subsection (c)(2)(B), subsections (a) and (b) of 
        section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 
        390mm) shall apply to any affected land.
            (2) Effect of other obligations.--The obligation of a water 
        users association to repay any construction costs or other 
        capitalized cost described in subparagraph (A)(ii) or (B)(ii) 
        of subsection (c)(2), or subsection (d), shall not, on 
        repayment, affect--
                    (A) the status of the water users association as 
                having repaid all of the construction costs assignable 
                to the water users association; or
                    (B) the applicability of subsection (a) or (b) of 
                section 213 of the Reclamation Reform Act of 1982 (43 
                U.S.C. 390mm).
    (f) Surface Water Storage Enhancement Program.--
            (1) Establishment of account.--The Secretary shall 
        establish an account, to be known as the ``Reclamation Surface 
        Storage Account'', consisting of such amounts as are deposited 
        in the Account under paragraph (2), to fund the construction of 
        surface water storage.
            (2) Deposits.--Not later than 3 years after the date of 
        enactment of this Act, an amount equal to 50 percent of 
        receipts generated from the prepayment of contracts under this 
        section in excess of amounts necessary to cover the amount of 
        receipts forgone from scheduled payments under applicable law 
        in effect on that date of enactment during the 10-year period 
        beginning on that date of enactment shall be deposited in the 
        Account.
            (3) Use.--
                    (A) Cooperative agreements.--The Secretary may--
                            (i) enter into cooperative agreements with 
                        water users associations for the construction 
                        of surface water storage; and
                            (ii) use amounts in the Account to fund 
                        construction under such a cooperative 
                        agreement.
                    (B) Treatment.--A surface water storage project 
                that is otherwise not federally authorized shall not be 
                considered to be a Federal facility as a result of the 
                allocation of any amount from the Account for any 
                portion of the project.
            (4) Repayment.--Any amount from the Account used for 
        surface water storage construction shall be fully reimbursed to 
        the Account in accordance with applicable requirements under 
        the reclamation laws, except that all funds reimbursed shall be 
        deposited in the Account.
            (5) Availability of amounts.--The amounts deposited in the 
        Account under this subsection shall--
                    (A) be made available for the storage projects 
                identified in section 402, subject to appropriation; 
                and
                    (B) be in addition to amounts appropriated for 
                those purposes under any other provision of law.
            (6) Purposes of surface water storage.--The construction of 
        surface water storage under this section shall be made 
        available for the federally owned and State-led storage 
        projects pursued under this Act, provided that funds are 
        limited to the Federal cost-share (up to 25 percent for State-
        led projects and up to 50 percent for federally owned 
        projects).
    (g) Effect of Section.--Nothing in this section--
            (1) alters the repayment obligation of any water service or 
        repayment contractor receiving water from a water project, or 
        shifts any costs that would otherwise have been properly 
        assignable to a water users association described in subsection 
        (c) or another contractor, absent this section, including 
        operation and maintenance costs, construction costs, or other 
        capitalized costs incurred after the date of enactment of this 
        Act;
            (2) alters any specific requirement for the disposition of 
        amounts received as repayments by the Secretary under the 
        reclamation laws; or
            (3) except as expressly provided in this section, alters 
        any obligations under the Reclamation Law, including the 
        continuation of Restoration Fund charges pursuant to section 
        3407(d) (Public Law 102-575), of the water service and 
        repayment contractors making prepayments pursuant to this 
        section.

         TITLE VII--DURATION AND EFFECT ON EXISTING OBLIGATIONS

SEC. 701. SAVINGS CLAUSE.

    (a) In General.--This Act shall not be interpreted or implemented 
in a manner that--
            (1) preempts or modifies any obligation of the United 
        States to act in conformance with applicable State law, 
        including applicable State water law;
            (2) affects or modifies any obligation under the Central 
        Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
        4706), except for the procedural provisions relating to public 
        input and savings provisions for the Stanislaus River predator 
        management program expressly established by sections 203 and 
        502; or
            (3) overrides, modifies, or amends the applicability of the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the 
        application of the smelt and salmonid biological opinions to 
        the operation of the Central Valley Project or the State Water 
        Project.
    (b) Severability.--If any provision of this Act, or any application 
of such provision to any person or circumstance, is held to be 
inconsistent with any law or the biological opinions, the remainder of 
this Act and the application of this Act to any other person or 
circumstance shall not be affected.

SEC. 702. TERMINATION.

    All of title III (relating to California emergency drought relief 
and operational flexibility), except for subsections (a) through (d) of 
section 301, and title IV (relating to water rights) shall expire on 
the date that is the later of--
            (1) the date on which the Governor of the State of 
        California declares an end to the State drought emergency; or
            (2) September 30, 2017.
                                 <all>
```