I 

111TH CONGRESS 

1ST SESSION H. R. 2977 

To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into an agreement with the National Academy of 

Sciences to conduct a comprehensive study of sustainable water and 

environmental management in the Sacramento-San Joaquin Delta, California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2009 

Mr. COSTA (for himself, Mr. CARDOZA, Mr. RADANOVICH, Mr. NUNES, and 

Mr. MCCARTHY of California) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior, acting through the 

Bureau of Reclamation, to enter into an agreement with 

the National Academy of Sciences to conduct a comprehensive study of sustainable water and environmental 

management in the Sacramento-San Joaquin Delta, California, and for other purposes. 

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


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1 SECTION 1. SUSTAINABLE WATER AND ENVIRONMENTAL 

2 MANAGEMENT IN THE SACRAMENTO-SAN 

3 JOAQUIN DELTA STUDIES AND REPORTS. 

4 (a) INITIAL STUDY.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 funding is made available for this Act, the Secretary, 

7 acting through the Bureau of Reclamation, shall 

8 offer to and, if the NAS agrees, shall enter into an 

9 agreement under which the NAS shall conduct a 

10 study to help ensure the scientific basis of plans for 

11 management of the Delta so as to help maintain and 

12 restore the estuary while enhancing the quality and 

13 reliability of California’s water supply. The study 

14 conducted under this paragraph shall include the fol15 lowing: 

16 (A) A review of the scientific information 

17 assessing the extent of ecosystem decline in the 

18 Sacramento and San Joaquin rivers and Delta, 

19 including the status and trends of pelagic orga20 nisms and anadromous fish species. 

21 (B) A list of the factors that may have 

22 contributed to the decline of federally and State 

23 listed species in the Delta. To the extent prac24 ticable, a ranking of the contribution of those 

25 factors, in order of their likely impact on the 


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1 survival and recovery of Delta species, for pur2 poses of informing future conservation actions. 

3 (C) A description of gaps in available sci4 entific information and uncertainties that con5 strain the ability to identify the factors to be 

6 listed under subparagraph (B). 

7 (D) A review and evaluation of the sci8 entific information referenced in the U.S. Fish 

9 and Wildlife Biological Opinion (USFWS, Dec. 

10 15, 2008), the interpretation of that informa11 tion by the Fish and Wildlife Service in the ef12 fects analysis, and the extent to which the ef13 fects analysis supports the Fish and Wildlife 

14 Service’s jeopardy and adverse modification de15 termination and reasonable and prudent alter16 natives. 

17 (E) A review and evaluation of the sci18 entific information referenced in the National 

19 Marine Fisheries Service Biological Opinion 

20 (NMFS, available June 2009), the interpreta21 tion of that information by the National Marine 

22 Fisheries Service in the effects analysis, and the 

23 extent to which the effects analysis supports the 

24 National Marine Fisheries Service’s jeopardy 


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1 and adverse modification determination and 

2 reasonable and prudent alternatives. 

3 (2) REPORT.—Not later than 18 months after 

4 funding is made available to the NAS for the study 

5 under paragraph (1), the NAS shall submit to the 

6 Secretary a report containing the findings of that 

7 study. 

8 (3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Sec10 retary, $900,000 to carry out this subsection. 

11 (b) ADDITIONAL REPORTS.—The Secretary, acting 

12 through the Bureau of Reclamation, may commission ad13 ditional studies by the NAS to provide more strategic ad14 vice on water and environmental management challenges 

15 facing the Delta. Such studies, if commissioned, shall ad16 dress issues such as the following: 

17 (1) Review the science underlying the extent of 

18 ecosystem decline in the Sacramento and San Joa19 quin Rivers and Delta, and evaluate its implications 

20 for the management of the Delta for water supply 

21 and other purposes. 

22 (2) Identify options for future water supplies 

23 for the region and state that reflect proper consider24 ation for climate change and compatibility with obVerDate Nov 24 2008 23:19 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2977.IH H2977

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1 jectives of maintaining a healthy Delta 

2 hydroecosystems. 

3 (3) Advise how to most effectively incorporate 

4 science and adaptive management concepts into ho5 listic programs for management and restoration of 

6 the Delta with the objective of providing a credible 

7 basis for providing a sustainable water supply and 

8 ecosystem for the future. 

9 (c) DEFINITIONS.—For the purposes of this Act: 

10 (1) DELTA.—The term ‘‘Delta’’ means the Sac11 ramento-San Joaquin Delta in California. 

12 (2) NAS.—The term ‘‘NAS’’ means the Na13 tional Academy of Sciences. 

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

15 the Secretary of the Interior. 

Æ 


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