IB 
Union Calendar No. 280 
112TH CONGRESS 
2D SESSION 
H. R. 1837 
[Report No. 112–403] 
To address certain water-related concerns on the San Joaquin River, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2011 
Mr. NUNES (for himself, Mr. MCCARTHY of California, and Mr. DENHAM) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources 
FEBRUARY 27, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 11, 2011] 
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A BILL 
To address certain water-related concerns on the San 
Joaquin River, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sacramento-San Joa-
quin Valley Water Reliability Act’’. 
SEC. 2. TABLE OF CONTENTS. 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—CENTRAL VALLEY PROJECT WATER RELIABILITY 
Sec. 101. Amendment to purposes. 
Sec. 102. Amendment to definition. 
Sec. 103. Contracts. 
Sec. 104. Water transfers, improved water management, and conservation. 
Sec. 105. Fish, wildlife, and habitat restoration. 
Sec. 106. Restoration fund. 
Sec. 107. Additional authorities. 
Sec. 108. Bay-Delta Accord. 
Sec. 109. Natural and artificially spawned species. 
Sec. 110. Authorized service area. 
Sec. 111. Regulatory streamlining. 
TITLE II—SAN JOAQUIN RIVER RESTORATION 
Sec. 201. Repeal of the San Joaquin River settlement. 
Sec. 202. Purpose. 
Sec. 203. Definitions. 
Sec. 204. Implementation of restoration. 
Sec. 205. Disposal of property; title to facilities. 
Sec. 206. Compliance with applicable law. 
Sec. 207. Compliance with Central Valley Project Improvement Act. 
Sec. 208. No private right of action. 
Sec. 209. Implementation. 
Sec. 210. Repayment contracts and acceleration of repayment of construction 
costs. 
Sec. 211. Repeal. 
Sec. 212. Water supply mitigation. 
Sec. 213. Additional Authorities. 
TITLE III—REPAYMENT CONTRACTS AND ACCELERATION OF 
REPAYMENT OF CONSTRUCTION COSTS 
Sec. 301. Repayment contracts and acceleration of repayment of construction 
costs. 
TITLE IV—BAY-DELTA WATERSHED WATER RIGHTS PRESERVATION 
AND PROTECTION 
Sec. 401. Water rights and area-of-origin protections. 
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Sec. 402. Sacramento River settlement contracts. 
Sec. 403. Sacramento River Watershed Water Service Contractors. 
Sec. 404. No redirected adverse impacts. 
TITLE V—MISCELLANOUS 
Sec. 501. Precedent. 
TITLE I—CENTRAL VALLEY 
PROJECT WATER RELIABILITY 
SEC. 101. AMENDMENT TO PURPOSES. 
Section 3402 of the Central Valley Project Improve-
ment Act (106 Stat. 4706) is amended— 
(1) in subsection (f), by striking the period at the 
end; and 
(2) by adding at the end the following: 
‘‘(g) to ensure that water dedicated to fish and wildlife 
purposes by this title is replaced and provided to Central 
Valley Project water contractors by December 31, 2016, at 
the lowest cost reasonably achievable; and 
‘‘(h) to facilitate and expedite water transfers in ac-
cordance with this Act.’’. 
SEC. 102. AMENDMENT TO DEFINITION. 
Section 3403 of the Central Valley Project Improve-
ment Act (106 Stat. 4707) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) the term ‘anadromous fish’ means those native 
stocks of salmon (including steelhead) and sturgeon that, 
as of October 30, 1992, were present in the Sacramento and 
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San Joaquin Rivers and their tributaries and ascend those 
rivers and their tributaries to reproduce after maturing in 
San Francisco Bay or the Pacific Ocean;’’; 
(2) in subsection (l), by striking ‘‘and,’’ 
(3) in subsection (m), by striking the period and 
inserting ‘‘; and’’, and 
(4) by adding at the end the following: 
‘‘(n) the term ‘reasonable flows’ means water flows ca-
pable of being maintained taking into account competing 
consumptive uses of water and economic, environmental, 
and social factors.’’. 
SEC. 103. CONTRACTS. 
Section 3404 of the Central Valley Project Improve-
ment Act (106 Stat. 4708) is amended— 
(1) in the heading, by striking ‘‘LIMITATION 
ON CONTRACTING AND CONTRACTS REFORM’’ 
and inserting ‘‘CONTRACTS’’; and 
(2) by striking the language of the section and 
by adding: 
‘‘(a) RENEWAL
OF
EXISTING
LONG-TERM
CON-
TRACTS.—Upon request of the contractor, the Secretary 
shall renew any existing long-term repayment or water 
service contract that provides for the delivery of water from 
the Central Valley Project for a period of 40 years, and 
renew such contracts for successive periods of 40 years each. 
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‘‘(b) DELIVERY CHARGE.—Beginning on the date of 
the enactment of this Act, a contract entered into or renewed 
pursuant to this section shall include a provision that re-
quires the Secretary to charge the other party to such con-
tract only for water actually delivered by the Secretary.’’. 
SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGE-
MENT, AND CONSERVATION. 
Section 3405 of the Central Valley Project Improve-
ment Act (106 Stat. 4709) is amended as follows: 
(1) In subsection (a)— 
(A) by inserting before ‘‘Except as provided 
herein’’ the following: ‘‘The Secretary shall take 
all necessary actions to facilitate and expedite 
transfers of Central Valley Project water in ac-
cordance with this Act or any other provision of 
Federal reclamation law and the National Envi-
ronmental Policy Act of 1969.’’; 
(B) in paragraph (1)(A), by striking ‘‘to 
combination’’ and inserting ‘‘or combination’’; 
(C) in paragraph (2), by adding at the end 
the following: 
‘‘(E) The contracting district from which 
the water is coming, the agency, or the Secretary 
shall determine if a written transfer proposal is 
complete within 45 days after the date of submis-
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sion of such proposal. If such district or agency 
or the Secretary determines that such proposal is 
incomplete, such district or agency or the Sec-
retary shall state with specificity what must be 
added to or revised in order for such proposal to 
be complete. 
‘‘(F) Except as provided in this section, the 
Secretary shall not impose mitigation or other 
requirements on a proposed transfer, but the con-
tracting district from which the water is coming 
or the agency shall retain all authority under 
State law to approve or condition a proposed 
transfer.’’; and 
(D) by adding at the end the following: 
‘‘(4) Notwithstanding any other provision of 
Federal reclamation law— 
‘‘(A) the authority to make transfers or ex-
changes of, or banking or recharge arrangements 
using, Central Valley Project water that could 
have been conducted before October 30, 1992, is 
valid, and such transfers, exchanges, or arrange-
ments shall not be subject to, limited, or condi-
tioned by this title; and 
‘‘(B) this title shall not supersede or revoke 
the authority to transfer, exchange, bank, or re-
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charge Central Valley Project water that existed 
prior to October 30, 1992.’’. 
(2) In subsection (b)— 
(A) in the heading, by striking ‘‘METER-
ING’’ and inserting ‘‘MEASUREMENT’’; and 
(B) by inserting after the first sentence the 
following: ‘‘The contracting district or agency, 
not including contracting districts serving mul-
tiple agencies with separate governing boards, 
shall ensure that all contractor-owned water de-
livery systems within its boundaries measure 
surface water at the district or agency’s facilities 
up to the point the surface water is commingled 
with other water supplies.’’. 
(3) By striking subsection (d). 
(4) By redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
(5) By amending subsection (e)(as redesignated 
by paragraph (4))— 
(A) by striking ‘‘as a result of the increased 
repayment’’ and inserting ‘‘that exceed the cost- 
of-service’’; 
(B) by inserting ‘‘the delivery of’’ after 
‘‘rates applicable to’’; and 
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(i) by striking ‘‘primary purpose’’ and 
inserting ‘‘purposes’’; 
(ii) by striking ‘‘but not limited to’’ be-
fore ‘‘additional obligations’’; and 
(iii) by adding after the period the fol-
lowing: ‘‘All Central Valley Project water 
used for the purposes specified in this para-
graph shall be credited to the quantity of 
Central Valley Project yield dedicated and 
managed under this paragraph by deter-
mining how the dedication and manage-
ment of such water would affect the delivery 
capability of the Central Valley Project dur-
ing the 1928 to 1934 drought period after 
fishery, water quality, and other flow and 
operational requirements imposed by terms 
and conditions existing in licenses, permits, 
and other agreements pertaining to the Cen-
tral Valley Project under applicable State 
or Federal law existing on October 30, 
1992, have been met. To the fullest extent 
possible and in accordance with section 
3411, Central Valley Project water dedi-
cated and managed pursuant to this para-
graph shall be reused to fulfill the Sec-
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retary’s remaining contractual obligations 
to provide Central Valley Project water for 
agricultural or municipal and industrial 
purposes.’’; 
(C) by amending paragraph (2)(C) to read: 
‘‘(C) If by March 15th of any year the 
quantity of Central Valley Project water fore-
casted to be made available to water service or 
repayment contractors in the Delta Division of 
the Central Valley Project is below 75 percent of 
the total quantity of water to be made available 
under said contracts, the quantity of Central 
Valley Project yield dedicated and managed for 
that year under this paragraph shall be reduced 
by 25 percent.’’. 
(2) By adding at the end the following: 
‘‘(i) SATISFACTION OF PURPOSES.—By 
pursuing the activities described in this sec-
tion, the Secretary shall be deemed to have 
met the mitigation, protection, restoration, 
and enhancement purposes of this title.’’. 
SEC. 106. RESTORATION FUND. 
(a) IN GENERAL.—Section 3407(a) of the Central Val-
ley Project Improvement Act (106 Stat. 4726) is amended 
as follows: 
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(1) By inserting ‘‘(1) IN
GENERAL.—’’ before 
‘‘There is hereby’’. 
(2) By striking ‘‘Not less than 67 percent’’ and 
all that follows through ‘‘Monies’’ and inserting 
‘‘Monies’’. 
(3) By adding at the end the following: 
‘‘(2) PROHIBITIONS.—The Secretary may not directly 
or indirectly require a donation or other payment to the 
Restoration Fund— 
‘‘(A) or environmental restoration or mitigation 
fees not otherwise provided by law, as a condition 
to— 
‘‘(i) providing for the storage or conveyance 
of non-Central Valley Project water pursuant to 
Federal reclamation laws; or 
‘‘(ii) the delivery of water pursuant to sec-
tion 215 of the Reclamation Reform Act of 1982 
(Public Law 97–293; 96 Stat. 1270); or 
‘‘(B) for any water that is delivered with the sole 
intent of groundwater recharge.’’. 
(b) CERTAIN PAYMENTS.—Section 3407(c)(1) of the 
Central Valley Project Improvement Act is amended— 
(1) by striking ‘‘mitigation and restoration’’; 
(2) by striking ‘‘provided for or’’; and 
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(3) by striking ‘‘of fish, wildlife’’ and all that fol-
lows through the period and inserting ‘‘of carrying 
out all activities described in this title.’’. 
(c) ADJUSTMENT AND ASSESSMENT OF MITIGATION 
AND RESTORATION PAYMENTS.—Section 3407(d)(2) of the 
Central Valley Project Improvement Act is amended by in-
serting ‘‘, or after October 1, 2013, $4 per megawatt-hour 
for Central Valley Project power sold to power contractors 
(October 2013 price levels)’’ after ‘‘$12.00 per acre-foot (Oc-
tober 1992 price levels) for municipal and industrial water 
sold and delivered by the Central Valley Project’’. 
(d) COMPLETION OF ACTIONS.—Section 3407(d)(2)(A) 
of the Central Valley Project Improvement Act is amended 
by inserting ‘‘, no later than December 31, 2020,’’ after 
‘‘That upon the completion of the fish, wildlife, and habitat 
mitigation and restoration actions mandated under section 
3406 of this title,’’. 
(e) REPORT; ADVISORY BOARD.—Section 3407 of the 
Central Valley Project Improvement Act (106 Stat. 4714) 
is amended by adding at the end the following: 
‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At the 
end of each fiscal year, the Secretary, in consultation with 
the Restoration Fund Advisory Board, shall submit to Con-
gress a plan for the expenditure of all of the funds deposited 
into the Restoration Fund during the preceding fiscal year. 
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Such plan shall contain a cost-effectiveness analysis of each 
expenditure. 
‘‘(h) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is hereby estab-
lished the Restoration Fund Advisory Board (herein-
after in this section referred to as the ‘Advisory 
Board’) composed of 12 members selected by the Sec-
retary, each for four-year terms, one of whom shall be 
designated by the Secretary as Chairman. The mem-
bers shall be selected so as to represent the various 
Central Valley Project stakeholders, four of whom 
shall be from CVP agricultural users, three from CVP 
municipal and industrial users, three from CVP 
power contractors, and two at the discretion of the 
Secretary. The Secretary and the Secretary of Com-
merce may each designate a representative to act as 
an observer of the Advisory Board. 
‘‘(2) DUTIES.—The duties of the Advisory Board 
are as follows: 
‘‘(A) To meet at least semiannually to de-
velop and make recommendations to the Sec-
retary regarding priorities and spending levels 
on projects and programs carried out pursuant 
to the Central Valley Project Improvement Act. 
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‘‘(B) To ensure that any advice or rec-
ommendation made by the Advisory Board to the 
Secretary reflect the independent judgment of the 
Advisory Board. 
‘‘(C) Not later than December 31, 2013, and 
annually thereafter, to transmit to the Secretary 
and Congress recommendations required under 
subparagraph (A). 
‘‘(D) Not later than December 31, 2013, and 
biennially thereafter, to transmit to Congress a 
report that details the progress made in achiev-
ing the actions mandated under section 3406 of 
this title. 
‘‘(3) ADMINISTRATION.—With the consent of the 
appropriate agency head, the Advisory Board may 
use the facilities and services of any Federal agency.’’. 
SEC. 107. ADDITIONAL AUTHORITIES. 
(a) AUTHORITY FOR CERTAIN ACTIVITIES.—Section 
3408(c) of the Central Valley Project Improvement Act (106 
Stat. 4728) is amended to read as follows: 
‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE AND DE-
LIVERY OF WATER.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to enter into contracts pursuant to Federal reclama-
tion law and this title with any Federal agency, Cali-
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fornia water user or water agency, State agency, or 
private organization for the exchange, impoundment, 
storage, carriage, and delivery of nonproject water for 
domestic, municipal, industrial, fish and wildlife, 
and any other beneficial purpose. 
‘‘(2) LIMITATION.—Nothing in this subsection 
shall be deemed to supersede the provisions of section 
103 of Public Law 99–546 (100 Stat. 3051). 
‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.—The 
Secretary shall use the authority granted by this sub-
section in connection with requests to exchange, im-
pound, store, carry, or deliver nonproject water using 
Central Valley Project facilities for any beneficial 
purpose. 
‘‘(4) RATES.—The Secretary shall develop rates 
not to exceed the amount required to recover the rea-
sonable costs incurred by the Secretary in connection 
with a beneficial purpose under this subsection. Such 
rates shall be charged to a party using Central Valley 
Project facilities for such purpose. Such costs shall not 
include any donation or other payment to the Res-
toration Fund. 
‘‘(5) CONSTRUCTION.—This subsection shall be 
construed and implemented to facilitate and encour-
age the use of Central Valley Project facilities to ex-
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change, impound, store, carry, or deliver nonproject 
water for any beneficial purpose.’’. 
(b) REPORTING REQUIREMENTS.—Section 3408(f) of 
the Central Valley Project Improvement Act (106 Stat. 
4729) is amended— 
(1) by striking ‘‘Interior and Insular Affairs and 
the Committee on Merchant Marine and Fisheries’’ 
and inserting ‘‘Natural Resources’’; 
(2) in the second sentence, by inserting before the 
period at the end the following: ‘‘, including progress 
on the plan required by subsection (j)’’; and 
(3) by adding at the end the following: ‘‘The fil-
ing and adequacy of such report shall be personally 
certified to the Committees referenced above by the 
Regional Director of the Mid-Pacific Region of the 
Bureau of Reclamation.’’. 
(c) PROJECT YIELD INCREASE.—Section 3408(j) of the 
Central Valley Project Improvement Act (106 Stat. 4730) 
is amended as follows: 
(1) By redesignating paragraphs (1) through (7) 
as subparagraphs (A) through (G), respectively. 
(2) By striking ‘‘In order to minimize adverse 
effects, if any, upon’’ and inserting ‘‘(1) IN GEN-
ERAL.—In order to minimize adverse effects upon’’. 
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(3) By striking ‘‘needs, the Secretary,’’ and all 
that follows through ‘‘submit to Congress, a’’ and in-
serting ‘‘needs, the Secretary, on a priority basis and 
not later than September 30, 2013, shall submit to 
Congress a’’. 
(4) By striking ‘‘increase,’’ and all that follows 
through ‘‘options—’’ and inserting ‘‘increase, as soon 
as possible but not later than September 30, 2016 (ex-
cept for the construction of new facilities which shall 
not be limited by that deadline), the water of the Cen-
tral Valley Project by the amount dedicated and man-
aged for fish and wildlife purposes under this title 
and otherwise required to meet the purposes of the 
Central Valley Project including satisfying contrac-
tual obligations. The plan required by this subsection 
shall include recommendations on appropriate cost- 
sharing arrangements and authorizing legislation or 
other measures needed to implement the intent, pur-
poses, and provisions of this subsection and a descrip-
tion of how the Secretary intends to use the following 
options—’’. 
(5) In subparagraph (A), by inserting ‘‘and con-
struction of new water storage facilities’’ before the 
semicolon. 
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(6) In subparagraph (F), by striking ‘‘and’’ at 
the end. 
(7) In subparagraph (G), by striking the period 
and all that follows through the end of the subsection 
and inserting ‘‘; and’’. 
(8) By inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) Water banking and recharge.’’. 
(9) By adding at the end the following: 
‘‘(2) IMPLEMENTATION OF PLAN.—The Secretary 
shall implement the plan required by paragraph (1) 
commencing on October 1, 2013. In order to carry out 
this subsection, the Secretary shall coordinate with 
the State of California in implementing measures for 
the long-term resolution of problems in the San Fran-
cisco Bay/Sacramento-San Joaquin Delta Estuary. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal reclamation law, if by 
September 30, 2016, the plan required by paragraph 
(1) fails to increase the annual delivery capability of 
the Central Valley Project by 800,000 acre-feet, imple-
mentation of any non-mandatory action under sec-
tion 3406(b)(2) shall be suspended until the plan 
achieves an increase in the annual delivery capability 
of the Central Valley Project by 800,000 acre-feet.’’. 
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(d) TECHNICAL CORRECTION.—Section 3408(h) of the 
Central Valley Project Improvement Act (106 Stat. 4729) 
is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(h)(2)’’ and inserting ‘‘paragraph (2)’’; and 
(2) in paragraph (2), by striking ‘‘paragraph 
(h)(i)’’ and inserting ‘‘paragraph (1)’’. 
(e) WATER STORAGE PROJECT CONSTRUCTION.—The 
Secretary, acting through the Commissioner of the Bureau 
of Reclamation, may partner on the water storage projects 
identified in section 103(d)(1) of the Water Supply Reli-
ability, and Environmental Improvement Act (Public Law 
108–361)(and Acts supplemental and amendatory to the 
Act) with local joint powers authorities formed pursuant 
to State law by irrigation districts and other local water 
districts and local governments within the applicable hy-
drologic region, to advance these projects. No Federal funds 
are authorized for this purpose and each water storage 
project is authorized for construction if non-Federal funds 
are used for financing and constructing the project. 
SEC. 108. BAY-DELTA ACCORD. 
(a) CONGRESSIONAL DIRECTION REGARDING CENTRAL 
VALLEY
PROJECT
AND
CALIFORNIA
STATE
WATER 
PROJECT OPERATIONS.—The Central Valley Project and 
the State Water Project shall be operated pursuant to the 
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water quality standards and operational constraints de-
scribed in the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Federal 
Government’’ dated December 15, 1994, and such oper-
ations shall proceed without regard to the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) or any other law 
pertaining to the operation of the Central Valley Project 
and the California State Water Project. Implementation of 
this section shall be in strict conformance with the ‘‘Prin-
ciples for Agreement on the Bay-Delta Standards Between 
the State of California and the Federal Government’’ dated 
December 15, 1994. 
(b) APPLICATION OF LAWS TO OTHERS.—Neither a 
Federal department nor the State of California, including 
any agency or board of the State of California, shall impose 
on any valid water right obtained pursuant to State law, 
including a pre-1914 appropriative right, any condition 
that restricts the exercise of that water right in order to 
conserve, enhance, recover or otherwise protect any species 
that is affected by operations of the Central Valley Project 
or California State Water Project. Nor shall the State of 
California, including any agency or board of the State of 
California, restrict the exercise of any valid water right ob-
tained pursuant to State law, including a pre-1914 appro-
priative right, in order to protect, enhance, or restore under 
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the Public Trust Doctrine any public trust value. Imple-
mentation of the ‘‘Principles for Agreement on the Bay- 
Delta Standards Between the State of California and the 
Federal Government’’ dated December 15, 1994, shall be in 
strict compliance with the water rights priority system and 
statutory protections for areas of origin. 
(c) COSTS.—No cost associated with the implementa-
tion of this section shall be imposed directly or indirectly 
on any Central Valley Project contractor, or any other per-
son or entity, unless such costs are incurred on a voluntary 
basis. 
(d) NATIVE SPECIES PROTECTION.—California law is 
preempted with respect to any restriction on the quantity 
or size of nonnative fish taken or harvested that preys upon 
one or more native fish species that occupy the Sacramento 
and San Joaquin Rivers and their tributaries or the Sac-
ramento-San Joaquin Rivers Delta. 
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and regard-
less of the date of listing, the Secretaries of the Interior and 
Commerce shall not distinguish between natural-spawned 
and hatchery-spawned or otherwise artificially propagated 
strains of a species in making any determination under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
that relates to any anadromous fish species present in the 
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Sacramento and San Joaquin Rivers or their tributaries 
and ascend those rivers and their tributaries to reproduce 
after maturing in San Francisco Bay or the Pacific Ocean. 
SEC. 110. AUTHORIZED SERVICE AREA. 
The authorized service area of the Central Valley 
Project shall include the area within the boundaries of the 
Kettleman City Community Services District, California, 
as those boundaries exist on the date of the enactment of 
this title. Notwithstanding the provisions of the Act of Octo-
ber 30, 1992 (Public Law 102–575, 106 Stat. 4600 et seq.), 
upon enactment of this title, the Secretary is authorized and 
directed to enter into a long-term contract in accordance 
with the reclamation laws with the Kettleman City Commu-
nity Services District, California, for the delivery of up to 
900 acre-feet of Central Valley Project water for municipal 
and industrial use. The Secretary may temporarily reduce 
deliveries of the quantity of water made available pursuant 
to up to 25 percent of such total whenever reductions due 
to hydrologic circumstances are imposed upon agricultural 
deliveries of Central Valley Project water. If any additional 
infrastructure or related-costs are needed to implement this 
section, such costs shall be the responsibility of the non-Fed-
eral entity. 
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SEC. 111. REGULATORY STREAMLINING. 
(a) APPLICABILITY OF CERTAIN LAWS.—Filing of a 
Notice of Determination or a Notice of Exemption for any 
project, including the issuance of a permit under State law, 
related to any project of the CVP or the delivery of water 
therefrom in accordance with the California Environmental 
Quality Act shall be deemed to meet the requirements of 
section 102(2)(C) of the National Environmental Protection 
Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or per-
mit. 
(b) CONTINUATION OF PROJECT.—The Bureau of Rec-
lamation shall not be required to cease or modify any major 
Federal action or other activity related to any project of 
the CVP or the delivery of water there from pending comple-
tion of judicial review of any determination made under 
the National Environmental Protection Act of 1969 (42 
U.S.C. 4332(2)(C)). 
(c) PROJECT DEFINED.—For the purposes of this sec-
tion: 
(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) PROJECT.—The term ‘‘project’’— 
(A) means an activity that— 
(i) is undertaken by a public agency, 
funded by a public agency, or that requires 
an issuance of a permit by a public agency; 
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(ii) has a potential to result in phys-
ical change to the environment; and 
(iii) may be subject to several discre-
tionary approvals by governmental agen-
cies; 
(B) may include construction activities, 
clearing or grading of land, improvements to ex-
isting structures, and activities or equipment in-
volving the issuance of a permit; or 
(C) as defined under the California Envi-
ronmental Quality Act in section 21065 of the 
California Public Resource Code. 
TITLE II—SAN JOAQUIN RIVER 
RESTORATION 
SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER SETTLE-
MENT. 
As of the date of enactment of this title, the Secretary 
shall cease any action to implement the Stipulation of Set-
tlement (Natural Resources Defense Council, et al. v. Kirk 
Rodgers, et al., Eastern District of California, No. Civ. S– 
88–1658 LKK/GGH). 
SEC. 202. PURPOSE. 
Section 10002 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended by striking 
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SEC. 207. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT. 
Section 10007 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(1) in the matter preceding paragraph (1), 
(A) by striking ‘‘the Settlement’’ and insert-
ing ‘‘enactment of this part’’; and 
(B) by inserting: ‘‘and the obligations of the 
Secretary and all other parties to protect and 
keep in good condition any fish that may be 
planted or exist below Friant Dam including 
any obligations under section 5937 of the Cali-
fornia Fish and Game Code and the public trust 
doctrine, and those of the Secretary and all other 
parties under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).’’ before ‘‘, pro-
vided’’; and 
(2) in paragraph (1), by striking ‘‘, as provided 
in the Settlement’’. 
SEC. 208. NO PRIVATE RIGHT OF ACTION. 
Section 10008(a) of the San Joaquin River Restora-
tion Settlement Act (Public Law 111–11) is amended— 
(1) by striking ‘‘not a party to the Settlement’’ 
after ‘‘person or entity’’ ; and 
(2) by striking ‘‘or the Settlement’’ before the pe-
riod and inserting ‘‘unless otherwise provided by this 
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