II 

109TH CONGRESS 

2D SESSION S. 4084 

To authorize the implementation of the San Joaquin River Restoration 

Settlement. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2006 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the implementation of the San Joaquin River 

Restoration Settlement. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘San Joaquin River 

5 Restoration Settlement Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize implementa8 tion of the Stipulation of Settlement dated September 13, 

9 2006 (referred to in this Act as the ‘‘Settlement’’), in the 

10 litigation entitled NATURAL RESOURCES DEFENSE 


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1 COUNCIL, et al. v. KIRK RODGERS, et al., United 

2 States District Court, Eastern District of California, No. 

3 CIV. S–88–1658–LKK/GGH. 

4 SEC. 3. DEFINITIONS. 

5 In this Act, the terms ‘‘Friant Division long-term 

6 contractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Re7 covered Water Account’’, ‘‘Restoration Goal’’, and ‘‘Water 

8 Management Goal’’ have the meanings given the terms in 

9 the Settlement. 

10 SEC. 4. IMPLEMENTATION OF SETTLEMENT. 

11 (a) IN GENERAL.—The Secretary of the Interior (re12 ferred to in this Act as the ‘‘Secretary’’) is hereby author13 ized and directed to implement the terms and conditions 

14 of the Settlement in cooperation with the State of Cali15 fornia, including the following measures as these measures 

16 are prescribed in the Settlement: 

17 (1) Design and construct channel and struc18 tural improvements as described in paragraph 11 of 

19 the Settlement, provided, however, that the Sec20 retary shall not make or fund any such improve21 ments to facilities or property of the State of Cali22 fornia without the approval of the State of Cali23 fornia and the State’s agreement in 1 or more 

24 Memoranda of Understanding to participate where 

25 appropriate. 


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1 (2) Modify Friant Dam operations so as to pro2 vide Restoration Flows and Interim Flows. 

3 (3) Acquire water, water rights, or options to 

4 acquire water as described in paragraph 13 of the 

5 Settlement, provided, however, such acquisitions 

6 shall only be made from willing sellers and not 

7 through eminent domain. 

8 (4) Implement the terms and conditions of 

9 paragraph 16 of the Settlement related to recircula10 tion, recapture, reuse, exchange, or transfer of water 

11 released for Restoration Flows or Interim Flows, for 

12 the purpose of accomplishing the Water Manage13 ment Goal of the Settlement, subject to— 

14 (A) applicable provisions of California 

15 water law; 

16 (B) the Secretary’s use of Central Valley 

17 Project facilities to make Project water (other 

18 than water released from Friant Dam pursuant 

19 to the Settlement) and water acquired through 

20 transfers available to existing south-of-Delta 

21 Central Valley Project contractors; and 

22 (C) the Secretary’s performance of the 

23 Agreement of November 24, 1986, between the 

24 United States of America and the Department 

25 of Water Resources of the State of California 


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1 for the coordinated operation of the Central 

2 Valley Project and the State Water Project as 

3 authorized by Congress in section 2(d) of the 

4 Act of August 26, 1937 (50 Stat. 850, 100 

5 Stat. 3051), including any agreement to resolve 

6 conflicts arising from said Agreement. 

7 (5) Develop and implement the Recovered 

8 Water Account as specified in paragraph 16(b) of 

9 the Settlement, including the pricing and payment 

10 crediting provisions described in paragraph 16(b)(3) 

11 of the Settlement, provided that all other provisions 

12 of Federal reclamation law shall remain applicable. 

13 (b) AGREEMENTS.— 

14 (1) AGREEMENTS WITH THE STATE.—In order 

15 to facilitate or expedite implementation of the Settle16 ment, the Secretary is authorized and directed to 

17 enter into appropriate agreements, including cost 

18 sharing agreements, with the State of California. 

19 (2) OTHER AGREEMENTS.—The Secretary is 

20 authorized to enter into contracts, memoranda of 

21 understanding, financial assistance agreements, cost 

22 sharing agreements, and other appropriate agree23 ments with State, tribal, and local governmental 

24 agencies, and with private parties, including agree25 ments related to construction, improvement, and opVerDate Aug 31 2005 23:07 Dec 08, 2006 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4084.IS S4084

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1 eration and maintenance of facilities, subject to any 

2 terms and conditions that the Secretary deems nec3 essary to achieve the purposes of the Settlement. 

4 (c) ACCEPTANCE AND EXPENDITURE OF NON-FED5 ERAL FUNDS.—The Secretary is authorized to accept and 

6 expend non-Federal funds in order to facilitate implemen7 tation of the Settlement. 

8 (d) MITIGATION OF IMPACTS.—Prior to the imple9 mentation of decisions or agreements to construct, im10 prove, operate, or maintain facilities that the Secretary de11 termines are needed to implement the Settlement, the Sec12 retary shall identify— 

13 (1) the impacts associated with such actions; 

14 and 

15 (2) the measures which shall be implemented to 

16 mitigate impacts on adjacent and downstream water 

17 users and landowners. 

18 (e) DESIGN AND ENGINEERING STUDIES.—The Sec19 retary is authorized to conduct any design or engineering 

20 studies that are necessary to implement the Settlement. 

21 (f) EFFECT ON CONTRACT WATER ALLOCATIONS.— 

22 Except as otherwise provided in this section, the imple23 mentation of the Settlement and the reintroduction of 

24 California Central Valley Spring Run Chinook salmon 

25 pursuant to the Settlement and section 10, shall not result 


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1 in the involuntary reduction in contract water allocations 

2 to Central Valley Project long-term contractors, other 

3 than Friant Division long-term contractors. 

4 (g) EFFECT ON EXISTING WATER CONTRACTS.—Ex5 cept as provided in the Settlement and this Act, nothing 

6 in this Act shall modify or amend the rights and obliga7 tions of the parties to any existing water service, repay8 ment, purchase or exchange contract. 

9 SEC. 5. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE 

10 TO FACILITIES. 

11 (a) TITLE TO FACILITIES.—Unless acquired pursu12 ant to subsection (b), title to any facility or facilities, 

13 stream channel, levees, or other real property modified or 

14 improved in the course of implementing the Settlement au15 thorized by this Act, and title to any modifications or im16 provements of such facility or facilities, stream channel, 

17 levees, or other real property— 

18 (1) shall remain in the owner of the property; 

19 and 

20 (2) shall not be transferred to the United 

21 States on account of such modifications or improve22 ments. 

23 (b) ACQUISITION OF PROPERTY.— 

24 (1) IN GENERAL.—The Secretary is authorized 

25 to acquire through purchase from willing sellers any 


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1 property, interests in property, or options to acquire 

2 real property needed to implement the Settlement 

3 authorized by this Act. 

4 (2) APPLICABLE LAW.—The Secretary is au5 thorized, but not required, to exercise all of the au6 thorities provided in section 2 of the Act of August 

7 26, 1937 (50 Stat. 844, chapter 832), to carry out 

8 the measures authorized in this section and section 

9 4. 

10 (c) DISPOSAL OF PROPERTY.— 

11 (1) IN GENERAL.—Upon the Secretary’s deter12 mination that retention of title to property or inter13 ests in property acquired pursuant to this Act is no 

14 longer needed to be held by the United States for 

15 the furtherance of the Settlement, the Secretary is 

16 authorized to dispose of such property or interest in 

17 property on such terms and conditions as the Sec18 retary deems appropriate and in the best interest of 

19 the United States, including possible transfer of 

20 such property to the State of California. 

21 (2) RIGHT OF FIRST REFUSAL.—In the event 

22 the Secretary determines that property acquired pur23 suant to this Act through the exercise of its eminent 

24 domain authority is no longer necessary for imple25 mentation of the Settlement, the Secretary shall proVerDate Aug 31 2005 23:07 Dec 08, 2006 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4084.IS S4084

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1 vide a right of first refusal to the property owner 

2 from whom the property was initially acquired, or 

3 his or her successor in interest, on the same terms 

4 and conditions as the property is being offered to 

5 other parties. 

6 (3) DISPOSITION OF PROCEEDS.—Proceeds 

7 from the disposal by sale or transfer of any such 

8 property or interests in such property shall be depos9 ited in the fund established by section 9(c). 

10 SEC. 6. COMPLIANCE WITH APPLICABLE LAW. 

11 (a) APPLICABLE LAW.— 

12 (1) IN GENERAL.—In undertaking the measures 

13 authorized by this Act, the Secretary and the Sec14 retary of Commerce shall comply with all applicable 

15 Federal and State laws, rules, and regulations, in16 cluding the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) and the Endangered 

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

19 necessary. 

20 (2) ENVIRONMENTAL REVIEWS.—The Secretary 

21 and the Secretary of Commerce are authorized and 

22 directed to initiate and expeditiously complete appli23 cable environmental reviews and consultations as 

24 may be necessary to effectuate the purposes of the 

25 Settlement. 


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1 (b) EFFECT ON STATE LAW.—Nothing in this Act 

2 shall preempt State law or modify any existing obligation 

3 of the United States under Federal reclamation law to op4 erate the Central Valley Project in conformity with State 

5 law. 

6 (c) USE OF FUNDS FOR ENVIRONMENTAL RE7 VIEWS.— 

8 (1) DEFINITION OF ENVIRONMENTAL RE9 VIEW.—For purposes of this subsection, the term 

10 ‘‘environmental review’’ includes any consultation 

11 and planning necessary to comply with subsection 

12 (a). 

13 (2) PARTICIPATION IN ENVIRONMENTAL RE14 VIEW PROCESS.—In undertaking the measures au15 thorized by section 4, and for which environmental 

16 review is required, the Secretary may provide funds 

17 made available under this Act to affected Federal 

18 agencies, State agencies, local agencies, and Indian 

19 tribes if the Secretary determines that such funds 

20 are necessary to allow the Federal agencies, State 

21 agencies, local agencies, or Indian tribes to effec22 tively participate in the environmental review proc23 ess. 

24 (3) LIMITATION.—Funds may be provided 

25 under paragraph (2) only to support activities that 


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1 directly contribute to the implementation of the 

2 terms and conditions of the Settlement. 

3 (d) NONREIMBURSABLE FUNDS.—The United 

4 States’ share of the costs of implementing this Act shall 

5 be nonreimbursable under Federal reclamation law, pro6 vided that nothing in this subsection shall limit or be con7 strued to limit the use of the funds assessed and collected 

8 pursuant to sections 3406(c)(1) and 3407(d)(2) of the 

9 Reclamation Projects Authorization and Adjustment Act 

10 of 1992 (Public Law 102–575; 106 Stat. 4721, 4727), for 

11 implementation of the Settlement, nor shall it be con12 strued to limit or modify existing or future Central Valley 

13 Project Ratesetting Policies. 

14 SEC. 7. COMPLIANCE WITH CENTRAL VALLEY PROJECT IM15 PROVEMENT ACT. 

16 Congress hereby finds and declares that the Settle17 ment satisfies and discharges all of the obligations of the 

18 Secretary contained in section 3406(c)(1) of the Reclama19 tion Projects Authorization and Adjustment Act of 1992 

20 (Public Law 102–575; 106 Stat. 4721), provided, how21 ever, that— 

22 (1) the Secretary shall continue to assess and 

23 collect the charges provided in section 3406(c)(1) of 

24 the Reclamation Projects Authorization and Adjust25 ment Act of 1992 (Public Law 102–575; 106 Stat. 


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1 4721), as provided in the Settlement and section 

2 9(d); and 

3 (2) those assessments and collections shall con4 tinue to be counted towards the requirements of the 

5 Secretary contained in section 3407(c)(2) of the 

6 Reclamation Projects Authorization and Adjustment 

7 Act of 1992 (Public Law 102–575; 106 Stat. 4726). 

8 SEC. 8. NO PRIVATE RIGHT OF ACTION. 

9 (a) IN GENERAL.—Nothing in this Act confers upon 

10 any person or entity not a party to the Settlement a pri11 vate right of action or claim for relief to interpret or en12 force the provisions of this Act or the Settlement. 

13 (b) APPLICABLE LAW.—This section shall not alter 

14 or curtail any right of action or claim for relief under any 

15 other applicable law. 

16 SEC. 9. APPROPRIATIONS; SETTLEMENT FUND. 

17 (a) IMPLEMENTATION COSTS.— 

18 (1) IN GENERAL.—The costs of implementing 

19 the Settlement shall be covered by payments or in 

20 kind contributions made by Friant Division contrac21 tors and other non-Federal parties, including the 

22 funds provided in paragraphs (1) through (5) of 

23 subsection (c), estimated to total $440,000,000, of 

24 which the non-Federal payments are estimated to 

25 total $200,000,000 (at October 2006 price levels) 


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1 and the amount from repaid Central Valley Project 

2 capital obligations is estimated to total 

3 $240,000,000, the additional Federal appropriation 

4 of $250,000,000 authorized pursuant to subsection 

5 (b)(1), and such additional funds authorized pursu6 ant to subsection (b)(2); provided however, that the 

7 costs of implementing the provisions of section 

8 4(a)(1) shall be shared by the State of California 

9 pursuant to the terms of a Memorandum of Under10 standing executed by the State of California and the 

11 Parties to the Settlement on September 13, 2006, 

12 which includes at least $110,000,000 of State funds. 

13 (2) ADDITIONAL AGREEMENTS.— 

14 (A) IN GENERAL.—The Secretary shall 

15 enter into 1 or more agreements to fund or im16 plement improvements on a project-by-project 

17 basis with the State of California. 

18 (B) REQUIREMENTS.—Any agreements en19 tered into under subparagraph (A) shall provide 

20 for recognition of either monetary or in-kind 

21 contributions toward the State of California’s 

22 share of the cost of implementing the provisions 

23 of section 4(a)(1). 

24 (3) LIMITATION.—Except as provided in the 

25 Settlement, to the extent that costs incurred solely 


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1 to implement this Settlement would not otherwise 

2 have been incurred by any entity or public or local 

3 agency or subdivision of the State of California, such 

4 costs shall not be borne by any such entity, agency, 

5 or subdivision of the State of California, unless such 

6 costs are incurred on a voluntary basis. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—In addition to the funds pro9 vided in paragraphs (1) through (5) of subsection 

10 (c), there are also authorized to be appropriated not 

11 to exceed $250,000,000 (at October 2006 price lev12 els) to implement this Act and the Settlement, to be 

13 available until expended; provided however, that the 

14 Secretary is authorized to spend such additional ap15 propriations only in amounts equal to the amount of 

16 funds deposited in the Fund (not including pay17 ments under subsection (c)(2), proceeds under sub18 section (c)(3) other than an amount equal to what 

19 would otherwise have been deposited under sub20 section (c)(1) in the absence of issuance of the bond, 

21 and proceeds under subsection (c)(4)), the amount 

22 of in-kind contributions, and other non-Federal pay23 ments actually committed to the implementation of 

24 this Act or the Settlement. 


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1 (2) OTHER FUNDS.—The Secretary is author2 ized to use monies from the Fund created under sec3 tion 3407 of the Reclamation Projects Authorization 

4 and Adjustment Act of 1992 (Public Law 102–575; 

5 106 Stat. 4727) for purposes of this Act. 

6 (c) FUND.—There is hereby established within the 

7 Treasury of the United States a fund, to be known as the 

8 ‘‘San Joaquin River Restoration Fund’’, into which the 

9 following shall be deposited and used solely for the purpose 

10 of implementing the Settlement, to be available for ex11 penditure without further appropriation: 

12 (1) Subject to subsection (d), at the beginning 

13 of the fiscal year following enactment of this Act, all 

14 payments received pursuant to section 3406(c)(1) of 

15 the Reclamation Projects Authorization and Adjust16 ment Act of 1992 (Public Law 102–575; 106 Stat. 

17 4721). 

18 (2) Subject to subsection (d), the capital com19 ponent (not otherwise needed to cover operation and 

20 maintenance costs) of payments made by Friant Di21 vision long-term contractors pursuant to long-term 

22 water service contracts beginning the first fiscal year 

23 after the date of enactment of this Act. The capital 

24 repayment obligation of such contractors under such 

25 contracts shall be reduced by the amount paid purVerDate Aug 31 2005 23:07 Dec 08, 2006 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4084.IS S4084

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1 suant to this paragraph and the appropriate share 

2 of the existing Federal investment in the Central 

3 Valley Project to be recovered by the Secretary pur4 suant to Public Law 99–546 (100 Stat. 3050) shall 

5 be reduced by an equivalent sum. 

6 (3) Proceeds from a bond issue, federally-guar7 anteed loan, or other appropriate financing instru8 ment, to be issued or entered into by an appropriate 

9 public agency or subdivision of the State of Cali10 fornia pursuant to subsection (d)(2). 

11 (4) Proceeds from the sale of water pursuant to 

12 the Settlement, or from the sale of property or inter13 ests in property as provided in section 5. 

14 (5) Any non-Federal funds, including State 

15 cost-sharing funds, contributed to the United States 

16 for implementation of the Settlement, which the Sec17 retary may expend without further appropriation for 

18 the purposes for which contributed. 

19 (d) GUARANTEED LOANS AND OTHER FINANCING

20 INSTRUMENTS.— 

21 (1) IN GENERAL.—The Secretary is authorized 

22 to enter into agreements with appropriate agencies 

23 or subdivisions of the State of California in order to 

24 facilitate a bond issue, federally-guaranteed loan, or 


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1 other appropriate financing instrument, for the pur2 pose of implementing this Settlement. 

3 (2) REQUIREMENTS.—If the Secretary and an 

4 appropriate agency or subdivision of the State of 

5 California enter into such an agreement, and if such 

6 agency or subdivision issues 1 or more revenue 

7 bonds, procures a federally secured loan, or other 

8 appropriate financing to fund implementation of the 

9 Settlement, and if such agency deposits the proceeds 

10 received from such bonds, loans, or financing into 

11 the Fund pursuant to subsection (c)(3), monies 

12 specified in paragraphs (1) and (2) of subsection (c) 

13 shall be provided by the Friant Division long-term 

14 contractors directly to such public agency or subdivi15 sion of the State of California to repay the bond, 

16 loan or financing rather than into the Fund. 

17 (3) DISPOSITION OF PAYMENTS.—After the sat18 isfaction of any such bond, loan, or financing, the 

19 payments specified in paragraphs (1) and (2) of sub20 section (c) shall be paid directly into the Fund au21 thorized by this section. 

22 (e) LIMITATION ON CONTRIBUTIONS.—Payments 

23 made by long-term contractors who receive water from the 

24 Friant Division and Hidden and Buchanan Units of the 

25 Central Valley Project pursuant to sections 3406(c)(1) 


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1 and 3407(d)(2) of the Reclamation Projects Authorization 

2 and Adjustment Act of 1992 (Public Law 102–575; 106 

3 Stat. 4721, 4727) and payments made pursuant to para4 graph 16(b)(3) of the Settlement and subsection (c)(2) 

5 shall be the limitation of such entities’ direct financial con6 tribution to the Settlement, subject to the terms and con7 ditions of paragraph 21 of the Settlement. 

8 (f) NO ADDITIONAL EXPENDITURES REQUIRED.— 

9 Nothing in this Act shall be construed to require a Federal 

10 official to expend Federal funds not appropriated by Con11 gress, or to seek the appropriation of additional funds by 

12 Congress, for the implementation of the Settlement. 

13 (g) REACH 4B.— 

14 (1) STUDY.— 

15 (A) IN GENERAL.—In accordance with the 

16 Settlement and the Memorandum of Under17 standing executed pursuant to paragraph 6 of 

18 the Settlement, the Secretary shall conduct a 

19 study that specifies— 

20 (i) the costs of undertaking any work 

21 required under paragraph 11(a)(3) of the 

22 Settlement to increase the capacity of 

23 Reach 4B prior to reinitiation of Restora24 tion Flows; 


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1 (ii) the impacts associated with re2 initiation of such flows; and 

3 (iii) measures that shall be imple4 mented to mitigate impacts. 

5 (B) DEADLINE.—The study under sub6 paragraph (A) shall be completed prior to res7 toration of any flows other than Interim Flows. 

8 (2) REPORT.— 

9 (A) IN GENERAL.—The Secretary shall file 

10 a report with Congress not later than 90 days 

11 after issuing a determination, as required by 

12 the Settlement, on whether to expand channel 

13 conveyance capacity to 4500 cubic feet per sec14 ond in Reach 4B of the San Joaquin River, or 

15 use an alternative route for pulse flows, that— 

16 (i) explains whether the Secretary has 

17 decided to expand Reach 4B capacity to 

18 4500 cubic feet per second; and 

19 (ii) addresses the following matters: 

20 (I) The basis for the Secretary’s 

21 determination, whether set out in en22 vironmental review documents or oth23 erwise, as to whether the expansion of 

24 Reach 4B would be the preferable 

25 means to achieve the Restoration Goal 


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1 as provided in the Settlement, includ2 ing how different factors were as3 sessed such as comparative biological 

4 and habitat benefits, comparative 

5 costs, relative availability of State 

6 cost-sharing funds, and the compara7 tive benefits and impacts on water 

8 temperature, water supply, private 

9 property, and local and downstream 

10 flood control. 

11 (II) The Secretary’s final cost es12 timate for expanding Reach 4B capac13 ity to 4500 cubic feet per second, or 

14 any alternative route selected, as well 

15 as the alternative cost estimates pro16 vided by the State, by the Restoration 

17 Administrator, and by the other par18 ties to the Settlement. 

19 (III) The Secretary’s plan for 

20 funding the costs of expanding Reach 

21 4B or any alternative route selected, 

22 whether by existing Federal funds 

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1 priations, or some combination of 

2 such sources. 

3 (B) DETERMINATION REQUIRED.—The 

4 Secretary shall, to the extent feasible, make the 

5 determination in subparagraph (A) prior to un6 dertaking any substantial construction work to 

7 increase capacity in Reach 4B. 

8 (3) COSTS.—If the Secretary’s estimated Fed9 eral cost for expanding Reach 4B in paragraph (2), 

10 in light of the Secretary’s funding plan set out in 

11 paragraph (2), would exceed the remaining Federal 

12 funding authorized by this Act (including all funds 

13 reallocated, all funds dedicated, and all new funds 

14 authorized by this Act and separate from all com15 mitments of State and other non-Federal funds and 

16 in-kind commitments), then before the Secretary 

17 commences actual construction work in Reach 4B 

18 (other than planning, design, feasibility, or other 

19 preliminary measures) to expand capacity to 4500 

20 cubic feet per second to implement this Settlement, 

21 Congress must have increased the applicable author22 ization ceiling provided by this Act in an amount at 

23 least sufficient to cover the higher estimated Federal 

24 costs. 


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1 SEC. 10. CALIFORNIA CENTRAL VALLEY SPRING RUN CHI2 NOOK SALMON. 

3 (a) FINDING.—Congress finds that the implementa4 tion of the Settlement to resolve 18 years of contentious 

5 litigation regarding restoration of the San Joaquin River 

6 and the reintroduction of the California Central Valley 

7 Spring Run Chinook salmon is a unique and unprece8 dented circumstance that requires clear expressions of 

9 Congressional intent regarding how the provisions of the 

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

11 are utilized to achieve the goals of restoration of the San 

12 Joaquin River and the successful reintroduction of Cali13 fornia Central Valley Spring Run Chinook salmon. 

14 (b) REINTRODUCTION IN THE SAN JOAQUIN

15 RIVER.—California Central Valley Spring Run Chinook 

16 salmon shall be reintroduced in the San Joaquin River 

17 below Friant Dam pursuant to section 10(j) of the Endan18 gered Species Act of 1973 (16 U.S.C. 1539(j)) and the 

19 Settlement, provided that the Secretary of Commerce 

20 finds that a permit for the reintroduction of California 

21 Central Valley Spring Run Chinook salmon may be issued 

22 pursuant to section 10(a)(1)(A) of the Endangered Spe23 cies Act of 1973 (16 U.S.C. 1539(a)(1)(A)). 

24 (c) FINAL RULE.— 

25 (1) DEFINITION OF THIRD PARTY.—For the 

26 purpose of this subsection, the term ‘‘third party’’ 


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1 means persons or entities diverting or receiving 

2 water pursuant to applicable State and Federal law 

3 and shall include Central Valley Project contractors 

4 outside of the Friant Division of the Central Valley 

5 Project and the State Water Project. 

6 (2) ISSUANCE.—The Secretary of Commerce 

7 shall issue a final rule pursuant to section 4(d) of 

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

9 1533(d)) governing the incidental take of reintro10 duced California Central Valley Spring Run Chinook 

11 salmon prior to the reintroduction. 

12 (3) REQUIRED COMPONENTS.—The rule issued 

13 under paragraph (2) shall provide that the reintro14 duction will not impose more than de minimis: water 

15 supply reductions, additional storage releases, or by16 pass flows on unwilling third parties due to such re17 introduction. 

18 (4) APPLICABLE LAW.—Nothing in this sec19 tion— 

20 (A) diminishes the statutory or regulatory 

21 protections provided in the Endangered Species 

22 Act for any species listed pursuant to section 4 

23 of the Endangered Species Act of 1973 (16 

24 U.S.C. 1533) other than the reintroduced popu25 lation of California Central Valley Spring Run 


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1 Chinook salmon, including protections pursuant 

2 to existing biological opinions or new biological 

3 opinions issued by the Secretary or Secretary of 

4 Commerce; or 

5 (B) precludes the Secretary or Secretary of 

6 Commerce from imposing protections under the 

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

8 1531 et seq.) for other species listed pursuant 

9 to section 4 of that Act (16 U.S.C. 1533) be10 cause those protections provide incidental bene11 fits to such reintroduced California Central Val12 ley Spring Run Chinook salmon. 

13 (d) REPORT.— 

14 (1) IN GENERAL.—Not later than December 31, 

15 2024, the Secretary of Commerce shall report to 

16 Congress on the progress made on the reintroduction 

17 set forth in this section and the Secretary’s plans for 

18 future implementation of this section. 

19 (2) INCLUSIONS.—The report under paragraph 

20 (1) shall include— 

21 (A) an assessment of the major challenges, 

22 if any, to successful reintroduction; 

23 (B) an evaluation of the effect, if any, of 

24 the reintroduction on the existing population of 

25 California Central Valley Spring Run Chinook 


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1 salmon existing on the Sacramento River or its 

2 tributaries; and 

3 (C) an assessment regarding the future of 

4 the reintroduction. 

5 (e) FERC PROJECTS.— 

6 (1) IN GENERAL.—With regard to California 

7 Central Valley Spring Run Chinook salmon reintro8 duced pursuant to the Settlement, the Secretary of 

9 Commerce shall exercise its authority under section 

10 18 of the Federal Power Act (16 U.S.C. 811) by re11 serving its right to file prescriptions in proceedings 

12 for projects licensed by the Federal Energy Regu13 latory Commission on the Calaveras, Stanislaus, 

14 Tuolumne, Merced, and San Joaquin rivers and oth15 erwise consistent with subsection (c) until after the 

16 expiration of the term of the Settlement, December 

17 31, 2025, or the expiration of the designation made 

18 pursuant to subsection (b), whichever ends first. 

19 (2) EFFECT OF SUBSECTION.—Nothing in this 

20 subsection shall preclude the Secretary of Commerce 

21 from imposing prescriptions pursuant to section 18 

22 of the Federal Power Act (16 U.S.C. 811) solely for 

23 other anadromous fish species because those pre24 scriptions provide incidental benefits to such reintroVerDate Aug 31 2005 23:07 Dec 08, 2006 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4084.IS S4084

jlentini on PROD1PC65 with BILLS
25 

•S 4084 IS

1 duced California Central Valley Spring Run Chinook 

2 salmon. 

3 (f) EFFECT OF SECTION.—Nothing in this section is 

4 intended or shall be construed— 

5 (1) to modify the Endangered Species Act of 

6 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

7 Act (16 U.S.C. 791a et seq.); or 

8 (2) to establish a precedent with respect to any 

9 other application of the Endangered Species Act of 

10 1973 (16 U.S.C. 1531 et seq.) or the Federal Power 

11 Act (16 U.S.C. 791a et seq.). 

Æ 


jlentini on PROD1PC65 with BILLS