SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gaining Responsibility 
on Water Act of 2017’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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. Regulatory streamlining. 
Sec. 111. Additional emergency consultation. 
Sec. 112. Applicants. 
Sec. 113. San Joaquin River settlement. 
TITLE II—CALFED STORAGE FEASIBILITY STUDIES 
Sec. 201. Studies. 
Sec. 202. Temperance Flat. 
Sec. 203. Water storage project construction. 
Sec. 204. Geophysical survey. 
Sec. 205. Headwater-Restoration Scoping Study. 
TITLE III—WATER RIGHTS PROTECTIONS 
Sec. 301. Offset for State Water Project. 
Sec. 302. Area of origin protections. 
Sec. 303. No redirected adverse impacts. 
Sec. 304. Allocations for Sacramento Valley contractors. 
Sec. 305. Effect on existing obligations. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Water supply accounting. 
Sec. 402. Operations of the Trinity River Division. 
Sec. 403. Report on results of water usage. 
Sec. 404. Klamath project consultation applicants. 
Sec. 405. CA State Water Resources Control Board. 
Sec. 406. New melones reservoir. 
Sec. 407. Actions to benefit threatened and endangered species and other wild-
life.
Sec. 408. Non-federal program to protect native anadromous fish in stanislaus 
river. 
TITLE V—WATER SUPPLY PERMITTING ACT 
Sec. 501. Short title. 
Sec. 502. Definitions. 
Sec. 503. Establishment of lead agency and cooperating agencies. 
Sec. 504. Bureau responsibilities. 
Sec. 505. Cooperating agency responsibilities. 
Sec. 506. Funding to process permits. 
TITLE VI—BUREAU OF RECLAMATION PROJECT STREAMLINING 
Sec. 601. Short title. 
Sec. 602. Definitions. 
Sec. 603. Acceleration of studies. 
Sec. 604. Expedited completion of reports. 
Sec. 605. Project acceleration. 
Sec. 606. Annual report to Congress. 
Sec. 607. Applicability of WIIN Act. 
TITLE VII—WATER RIGHTS PROTECTION 
Sec. 701. Short title. 
Sec. 702. Definitions. 
Sec. 703. Treatment of water rights. 
Sec. 704. Policy development. 
Sec. 705. Effect. 
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 wild-
life purposes by this part is replaced and provided to Cen-
tral Valley Project water contractors by December 31, 
2018, 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 San Joaquin Rivers and their tributaries and ascend 
those rivers and their tributaries to reproduce after matur-
ing 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 
capable of being maintained taking into account com-
peting consumptive uses of water and economic, environ-
mental, 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
CONTRACT
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. 
‘‘(b) ADMINISTRATION OF CONTRACTS.—Except as 
expressly provided by this Act, any existing long-term re-
payment or water service contract for the delivery of water 
from the Central Valley Project shall be administered pur-
suant to the Act of July 2, 1956 (70 Stat. 483). 
‘‘(c) DELIVERY CHARGE.—Beginning on the date of 
the enactment of this Act, a contract entered into or re-
newed pursuant to this section shall include a provision 
that requires the Secretary to charge the other party to 
such contract only for water actually delivered by the Sec-
retary.’’. 
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 pro-
vided herein’’ the following: ‘‘The Secretary 
shall take all necessary actions to facilitate and 
expedite transfers of Central Valley Project 
water in accordance with this Act or any other 
provision of Federal reclamation law and the 
National Environmental 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 Sec-
retary shall determine if a written transfer pro-
posal is complete within 45 days after the date 
of submission of such proposal. If such district 
or agency or the Secretary determines that such 
proposal is incomplete, such district or agency 
or the Secretary 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 contracting district from which the water is 
coming or the agency shall retain all authority 
under State law to approve or condition a pro-
posed 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 arrange-
ments using, Central Valley Project water that 
could have been conducted before October 30, 
1992, is valid, and such transfers, exchanges, 
or arrangements shall not be subject to, limited, 
or conditioned by this title; and 
‘‘(B) this title shall not supersede or re-
voke the authority to transfer, exchange, bank, 
or recharge 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 agen-
cy, not including contracting districts serving 
multiple agencies with separate governing
(i) by striking ‘‘is authorized and di-
rected to’’ and inserting ‘‘may’’; 
(ii) by inserting ‘‘reasonable water’’ 
after ‘‘to provide’’; 
(iii) by striking ‘‘anadromous fish, ex-
cept that such’’ and inserting ‘‘anad-
romous fish. Such’’; 
(iv) by striking ‘‘Instream flow’’ and 
inserting ‘‘Reasonable instream flow’’; 
(v) by inserting ‘‘and the National 
Marine Fisheries Service’’ after ‘‘United 
States Fish and Wildlife Service’’; and 
(vi) by striking ‘‘California Depart-
ment of Fish and Game’’ and inserting 
‘‘United States Geological Survey’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘primary purpose’’ and 
inserting ‘‘purposes’’; 
(ii) by striking ‘‘but not limited to’’ 
before ‘‘additional obligations’’; and 
(iii) by adding after the period the fol-
lowing: ‘‘All Central Valley Project water 
used for the purposes specified in this 
paragraph shall be credited to the quantity 
of Central Valley Project yield dedicated
and managed under this paragraph by de-
termining how the dedication and manage-
ment of such water would affect the deliv-
ery capability of the Central Valley Project 
during 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 Central Valley Project under appli-
cable State or Federal law existing on Oc-
tober 30, 1992, have been met. To the full-
est extent possible and in accordance with 
section 3411, Central Valley Project water 
dedicated and managed pursuant to this 
paragraph shall be reused to fulfill the 
Secretary’s remaining contractual obliga-
tions to provide Central Valley Project 
water for agricultural or municipal and in-
dustrial purposes.’’; and 
(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 avail-
able under said contracts, the quantity of Cen-
tral Valley Project yield dedicated and managed 
for that year under this paragraph shall be re-
duced by 25 percent.’’. 
(2) By adding at the end the following: 
‘‘(i) SATISFACTION
OF
PURPOSES.— 
By pursuing the activities described in this 
section, the Secretary shall be deemed to 
have met the mitigation, protection, res-
toration, and enhancement purposes of this 
title.’’. 
SEC. 106. RESTORATION FUND. 
(a) IN GENERAL.—Section 3407(a) of the Central 
Valley Project Improvement Act (106 Stat. 4726) is 
amended as follows: 
(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 convey-
ance of non-Central Valley Project water pursu-
ant 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 
(3) by striking ‘‘of fish, wildlife’’ and all that 
follows 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 inserting ‘‘, or after October 1, 2016, $4 per megawatt-
hour for Central Valley Project power sold to power con-
tractors (October 2016 price levels)’’ after ‘‘$12 per acre- 
foot (October 1992 price levels) for municipal and indus-
trial 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, wild-
life, and habitat mitigation and restoration actions man-
dated 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 
Congress a plan for the expenditure of all of the funds 
deposited into the Restoration Fund during the preceding 
fiscal year. 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 
Secretary, each for four-year terms, one of whom 
shall be designated by the Secretary as Chairman. 
The members 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 discre-
tion of the Secretary. The Secretary and the Sec-
retary of Commerce may each designate a represent-
ative 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. 
‘‘(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, 2018, 
and annually thereafter, to transmit to the Sec-
retary and Congress recommendations required 
under subparagraph (A). 
‘‘(D) Not later than December 31, 2018, 
and biennially thereafter, to transmit to Con-
gress a report that details the progress made in 
achieving the actions mandated under section 
3406. 
‘‘(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 
DELIVERY 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-
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 sec-
tion 103 of Public Law 99–546 (100 Stat. 3051). 
‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— 
The Secretary shall use the authority granted by 
this subsection in connection with requests to ex-
change, impound, 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 
reasonable costs incurred by the Secretary in con-
nection with a beneficial purpose under this sub-
section. 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 Restoration Fund. 
‘‘(5) CONSTRUCTION.—This subsection shall be 
construed and implemented to facilitate and encour-
age the use of Central Valley Project facilities to ex-
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 Fish-
eries’’ 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’’. 
(3) By striking ‘‘needs, the Secretary,’’ and all 
that follows through ‘‘submit to the Congress, a’’ 
and inserting ‘‘needs, the Secretary, on a priority 
basis and not later than September 30, 2018, 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, 2017 
(except for the construction of new facilities which 
shall not be limited by that deadline), the water of 
the Central Valley Project by the amount dedicated 
and managed for fish and wildlife purposes under 
this title and otherwise required to meet the pur-
poses of the Central Valley Project including satis-
fying contractual obligations. The plan required by 
this subsection shall include recommendations on ap-
propriate cost-sharing arrangements and authorizing 
legislation or other measures needed to implement 
the intent, purposes, and provisions of this sub-
section and a description of how the Secretary in-
tends to use the following options—’’. 
(5) In subparagraph (A), by inserting ‘‘and 
construction of new water storage facilities’’ before 
the semicolon. 
(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 sub-
section 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 Sec-
retary shall implement the plan required by para-
graph (1) commencing on October 1, 2017. In order 
to carry out this subsection, the Secretary shall co-
ordinate with the State of California in imple-
menting measures for the long-term resolution of 
problems in the San Francisco Bay/Sacramento-San 
Joaquin Delta Estuary. 
‘‘(3) FAILURE OF THE PLAN.—Notwithstanding 
any other provision of Federal reclamation law, if by 
September 30, 2018, the plan required by paragraph 
(1) fails to increase the annual delivery capability of 
the Central Valley Project by 800,000 acre-feet, im-
plementation of any non-mandatory action under 
section 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.’’. 
(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 or enter into an 
agreement on the water storage projects identified in sec-
tion 103(d)(1) of the Water Supply Reliability, and Envi-
ronmental 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 hydrologic region, to 
advance these projects. No additional Federal funds are 
authorized for the activities authorized in sections 
103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 103(d)(1)(A)(iii) of 
Public Law 108–361. However, each water storage project 
under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii), and 
103(d)(1)(A)(iii) of Public Law 108–361 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 CEN-
TRAL VALLEY PROJECT AND CALIFORNIA STATE WATER
PROJECT OPERATIONS.—The Central Valley Project and 
the State Water Project shall be operated pursuant to the 
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 Fed-
eral Government’’ dated December 15, 1994, and such op-
erations shall proceed without regard to the Endangered 
Species 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. Imple-
mentation of this section shall be in strict conformance 
with the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral 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 im-
pose on any 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 water right obtained
pursuant to State law, including a pre-1914 appropriative 
right, in order to protect, enhance, or restore under the 
Public Trust Doctrine any public trust value. Implementa-
tion of the ‘‘Principles for Agreement on the Bay-Delta 
Standards Between the State of California and the Fed-
eral 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 Sac-
ramento and San Joaquin Rivers and their tributaries or 
the Sacramento-San Joaquin Rivers Delta. 
SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and re-
gardless of the date of listing, the Secretaries of the Inte-
rior and Commerce shall not distinguish between natural- 
spawned and hatchery-spawned or otherwise artificially 
propagated strains of a species in making any determina-
tion under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that relates to any anadromous fish 
species present in the Sacramento and San Joaquin Rivers 
or their tributaries and ascend those rivers and their trib-
utaries to reproduce after maturing in San Francisco Bay 
or the Pacific Ocean. 
SEC. 110. 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 Envi-
ronmental Quality Act shall be deemed to meet the re-
quirements of section 102(2)(C) of the National Environ-
mental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for 
that project or permit. 
(b) CONTINUATION OF PROJECT.—The Bureau of 
Reclamation 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 therefrom 
pending completion 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 
section:
(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; 
(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 
existing structures, and activities or equipment 
involving 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. 
SEC. 111. ADDITIONAL EMERGENCY CONSULTATION. 
For adjustments to operating criteria other than 
under section 108 or to take urgent actions to address 
water supply shortages for the least amount of time or 
volume of diversion necessary as determined by the Com-
missioner of Reclamation, no mitigation measures shall be
required during any year that the Sacramento Valley 
index is 6.5 or lower, or at the request of the State of 
California, and until two succeeding years following either 
of those events have been completed where the final Sac-
ramento Valley Index is 7.8 or greater, and any mitigation 
measures imposed must be based on quantitative data and 
required only to the extent that such data demonstrates 
actual harm to species. 
SEC. 112. APPLICANTS. 
In the event that the Bureau of Reclamation or an-
other Federal agency initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National 
Marine Fisheries Service under section 7(a)(2) of the En-
dangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central 
Valley Project and State Water Project, or any part there-
of, the State Water Project contractors and the Central 
Valley Project contractors will be accorded all the rights 
and responsibilities extended to applicants in the consulta-
tion process. 
SEC. 113. SAN JOAQUIN RIVER SETTLEMENT. 
(a) PURPOSE AND FINDINGS.— 
(1) PURPOSE AND FINDINGS.—Section 10002 
of the San Joaquin River Restoration Settlement
Act (Public Law 111–11) is amended to read as fol-
lows: 
‘‘SEC. 10002. PURPOSE AND FINDINGS. 
‘‘(a) PURPOSE.—The purpose of this part is to au-
thorize implementation of the Settlement. 
‘‘(b) FINDINGS.—Congress finds that since the date 
of the enactment of this Act, the following conditions now 
persist with regard to implementation of the Settlement: 
‘‘(1) Millions of dollars of economic damages 
have occurred due to seepage from rivers flows and 
other impacts to third parties affected by the Settle-
ment and San Joaquin River Restoration Program 
and such impacts will continue for the duration of 
the Settlement and Restoration Program implemen-
tation. 
‘‘(2) Estimated costs of implementing the Set-
tlement have more than doubled from the initial esti-
mates for implementing the Settlement, from a high- 
end estimate of $800,000,000 to more than 
$1,700,000,000, due to unrealistic initial cost esti-
mates, additional, unanticipated cost increases re-
lated to damages to land from seepage and to infra-
structure from subsidence, and from increased con-
struction costs to complete channel improvements, 
and other improvements not originally identified, but
anticipated in the Settlement as necessary to imple-
ment the Restoration Goal. 
‘‘(3) Achievement of the Settlement’s Water 
Management Goal, to reduce or avoid water supply 
impacts to Friant Division long-term contractors, in-
cluding the Friant-Kern Canal and Madera Canal 
capacity restoration projects have not progressed 
and are likely impossible given available and likely 
future funding and regulatory constraints. 
‘‘(4) Implementation of the Settlement’s Res-
toration Goal has already fallen short of the sched-
ule agreed to by the Settling Parties and Congress, 
which required the reintroduction of Spring-run and 
Fall-run Chinook salmon in the river by December 
31, 2012, and the majority of Paragraph 11 im-
provements construction to be complete by Decem-
ber 31, 2013, with the remainder of the paragraph 
(11) improvements to be completed by December 31, 
2016, neither of which deadlines have been met and 
the Secretary has now made findings that such im-
provements will not be completed until 2030 at the 
earliest and likely beyond that timeframe, which 
schedule assumes full funding of the Restoration 
Program, which has not occurred.
‘‘(5) Catastrophic species declines in the Sac-
ramento-San Joaquin Delta and other changed con-
ditions have affected the Friant Division’s water 
supply in ways unimagined during the time of the 
Settlement’s signing, resulting in additional reduc-
tions in water supply for the Friant Division beyond 
what was agreed to in the Settlement. 
‘‘(6) Recent scientific assessments of likely fu-
ture climate change suggest that no amount of addi-
tional flow in the San Joaquin River will sustain 
Spring-run Chinook salmon, one of the target spe-
cies for maintaining a self-sustaining population 
below Friant Dam. 
‘‘(7) In consideration of existing conditions, it 
is not reasonable, prudent and feasible to implement 
the Settlement as originally authorized.’’. 
(2) DEFINITIONS.—Section 10003 of the San 
Joaquin River Restoration Settlement Act (Public 
Law 111–11) is amended by adding at the end the 
following: 
‘‘(4) The term ‘Exchange Contractors’ means 
San Joaquin River Exchange Contractors Water Au-
thority, whose members are the Central California 
Irrigation District, Columbia Canal Company, the
Firebaugh Canal Water District, and the San Luis 
Canal Company. 
‘‘(5) The term ‘Governor’ means the Governor 
of the State of California. 
‘‘(6) The term ‘Gravelly Ford’ means the Grav-
elly Ford gaging station in the San Joaquin River 
located at approximately River Mile 230. 
‘‘(7) The term ‘Restoration Area’ means the 
San Joaquin River between Friant Dam and the 
Merced River confluence, and generally within 1,500 
feet of the centerline of the river. 
‘‘(8) The term ‘Restoration Flow’ means the 
hydrograph flows (as provided in paragraph 18 and 
exhibit B of the Settlement), buffer flows of up to 
10 percent of the applicable hydrograph flows, and 
any additional water acquired by the Secretary of 
the Interior from willing sellers to meet the Restora-
tion Goal of the Settlement. 
‘‘(9) The term ‘Restoration Fund’ means that 
fund established by this part. 
‘‘(10) The term ‘Sack Dam’ means a low-head 
earth and concrete structure with wooden flap gates 
that diverts San Joaquin River flows into the Arroyo 
Canal at approximately River Mile 182.1.
‘‘(11) The term ‘Warm Water Fishery’ means 
a water system that has an environment suitable for 
species of fish other than salmon (including any sub-
species) and trout (including all subspecies). 
‘‘(12) The term ‘third party’ means the Ex-
change Contractors or any member thereof, current 
or former members of the San Joaquin Tributaries 
Authority, and current or former members of the 
San Luis and Delta Mendota Water Authority.’’; 
and 
(3) IMPLEMENTATION OF SETTLEMENT.—Sec-
tion 10004 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(A) in subsection (f), by striking ‘‘pursu-
ant to the Settlement and section 10011’’ and 
inserting ‘‘or other species for any reason’’; 
(B) in subsection (g), by inserting ‘‘or the 
implementation of the Settlement and the re-
introduction of California Central Valley Spring 
Run Chinook salmon or any other species,’’ 
after ‘‘nothing in this part’’; 
(C) in subsection (h)— 
(i) in the header by striking ‘‘IN-
TERIM’’; 
(ii) in paragraph (1)—
(I) by striking ‘‘Interim Flows’’ 
and inserting ‘‘Flows’’ each place it 
appears; 
(II) in subparagraph (C)(ii), by 
inserting ‘‘which shall be imple-
mented’’ after ‘‘significant’’; and 
(III) in subparagraph (E), by 
striking ‘‘as a result of the Interim 
Flows’’ and inserting ‘‘or State laws 
as a result of Flows.’’; and 
(iii) by striking paragraphs (2), (3), 
and (4) and inserting the following: 
‘‘(2) CONDITIONS
FOR
RELEASE.—The Sec-
retary is authorized to release Flows— 
‘‘(A) if all improvements and mitigation 
measures are completed or implemented, includ-
ing all actions necessary to mitigate impacts on 
landowners, water agencies, and water users; 
and 
‘‘(B) if such Flows will not exceed existing 
downstream channel capacities. 
‘‘(3) SEEPAGE IMPACTS.—(A) The Secretary, in 
implementing this Act, shall not cause material ad-
verse impacts to third parties. The Secretary shall 
reduce Flows to the extent necessary to address any
material adverse impacts to third parties from 
groundwater seepage or levee instability caused by 
such flows identified based on the monitoring pro-
gram of the Secretary. Notwithstanding the fore-
going, the Secretary shall not directly or indirectly 
cause groundwater to rise above 10 feet below 
ground surface and shall provide at least 10 feet 
below ground surface as a minimum threshold ele-
vation for groundwater beneath any fields where per-
manent or other deep rooted crops are grown, and 
at least 6 feet below ground surface as a minimum 
threshold elevation for groundwater beneath any 
fields where annual or shallow rooted crops are 
grown. These minimum thresholds shall be adjusted 
yearly based upon information provided by individual 
landowners regarding the minimum threshold that 
they will need in order to grow their crop(s) that 
year. If during the course of the year the landowner 
informs the Secretary that detrimental seepage is 
being experienced or is reasonably likely to occur de-
spite the adherence to the minimum threshold, the 
Secretary shall reduce Restoration Flows to a vol-
ume sufficient to reduce seepage impacts by reduc-
ing the occurrence of groundwater to a non-dam-
aging level below ground surface.
‘‘(B) If Flow reduction alone is not sufficient to 
mitigate for seepage impacts the Secretary shall 
mitigate by real estate transaction or installation of 
physical measures, whichever option is requested by 
the landowner. 
‘‘(C) Any water that seeps onto private prop-
erty shall thereupon become the property of that 
landowner if the landowner takes control of the 
water including by re-diverting it to the San Joaquin 
River. If seepage water is returned to the San Joa-
quin River it shall meet applicable water quality re-
quirements. 
‘‘(4) TEMPORARY FISH BARRIER PROGRAM.— 
Using funds otherwise available from the San Joa-
quin River Restoration Fund if necessary, the Sec-
retary is authorized to make improvements to the 
Hills Ferry Barrier or any replacement thereof in 
order to prevent upstream migration of any pro-
tected species to the restoration area. The Secretary 
is further authorized to work with the California De-
partment of Fish and Wildlife for the improvement 
or replacement of the Hills Ferry Barrier in order 
to prevent the upstream migration of any protected 
species. If third parties south of the confluence with 
the Merced River are required to install their screens
or fish bypass facilities in order to comply with the 
Endangered Species Act of 1973, the Secretary shall 
bear the costs of such screens or facilities, except to 
the extent that such costs are already or are further 
willingly borne by the State of California or by the 
third parties. Expenditures by Reclamation are non- 
reimbursable. Any protected species recovered at the 
Hills Ferry Barrier or in the Restoration Area or 
any river or false pathways thereto that is to be relo-
cated outside of the Restoration Area shall only be 
relocated to an area where there is an established 
self-sustaining population of that same genotype or 
phenotype.’’; and 
(D) by amending subsection (j) to read as 
follows: 
‘‘(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT AND 
RELATED.—Subject to section 10006(b), nothing in this 
part shall modify or amend the rights and obligations 
under the Purchase Contract between Miller and Lux and 
the United States including without exclusion of others, 
any right to enforce the power contracts identified in the 
Purchase Contract, the Second Amended Exchange Con-
tract between the United States, Department of the Inte-
rior Bureau of Reclamation and Central California Irriga-
tion District, San Luis Canal Company, Firebaugh Canal
Water District, and Columbia Canal Company. Prior to 
releasing any restoration flow, the Secretary shall deter-
mine that such release will not affect its contractual obli-
gations to the Exchange Contractors.’’. 
(4) 
ACQUISITION
OF
PROPERTY.—Section 
10005 of the San Joaquin River Restoration Settle-
ment Act (Public Law 111–11) is amended by strik-
ing subsections (b) and (c) and inserting the fol-
lowing: 
‘‘(b) ACQUISITION OF PROPERTY.—The Secretary is 
authorized to acquire property solely through purchase 
from willing sellers any property, interests in property, or 
options to acquire real property needed to implement the 
Settlement authorized by this part. The Secretary shall 
not acquire property through the exercise of eminent do-
main unless the owner of said property does not object 
to an eminent domain action. 
‘‘(c) DISPOSAL OF PROPERTY.—Any property or in-
terests therein acquired by the Secretary and for which 
the Secretary determines that the property or interest 
therein is no longer needed to be held by the United States 
for the furtherance of the Settlement, shall be first offered 
for repurchase to the prior owner of the property from 
whom the United States acquired the property and at the 
same price for which the United States acquired the prop-
erty unless it is demonstrated that the property has de-
creased in value in which case the Secretary shall sell the 
property back to the prior owner at the decreased price. 
If the prior owner does not want the property, the Sec-
retary shall sell the property on the open market.’’. 
(5) COMPLIANCE WITH APPLICABLE LAW.—Sec-
tion 10006 of the San Joaquin River Restoration 
Settlement Act (Public Law 111–11) is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘as 
necessary’’ and inserting ‘‘as necessary, as 
provided for in this part and in a manner 
that does not conflict with the intent of 
Congress as expressed in this title which 
intent shall be afforded the greatest def-
erence and any difference or ambiguity 
shall be resolved in favor of said intent’’ 
before the period at the end; and 
(ii) in paragraph (2), by adding at the 
end the following: ‘‘Any statutory exemp-
tions from conducting environmental re-
view or consultation are not applicable.’’; 
(B) in subsection (b)—
(i) by striking ‘‘Nothing’’ and insert-
ing ‘‘Except as provided in subsection (e) 
below, nothing’’; and 
(ii) by striking ‘‘State law.’’ and in-
serting ‘‘State law, except as otherwise 
provided for herein or would conflict with 
achieving the purposes or intent of this 
title.’’; and 
(C) by adding at the end the following: 
‘‘(e) IN GENERAL.—Sections 5930 through 5948 of 
the California Fish and Game Code and all applicable 
Federal laws, including this part, as amended by the Gain-
ing Responsibility on Water Act of 2017, and the Stipula-
tion of Settlement (Natural Resources Defense Council, 
et al. v. Kirk Rodgers, et al., Eastern District of Cali-
fornia, No. Civ. S–88–1658—LKK/GGH), shall be satis-
fied by implementation of the Settlement as provided in 
section 10014(b) or the plan provided in section 10014(a) 
of the Gaining Responsibility on Water Act of 2017. 
‘‘(f) COMPLIANCE WITH EXISTING FRIANT DIVISION 
CONTRACTS.—Congress hereby finds and declares that 
compliance with the provisions of this Act by Friant Divi-
sion Contractors shall fulfill all requirements for compli-
ance with this part, contained in contracts between the 
Secretary and Friant Division Contractors.’’.
(6) NO PRIVATE RIGHT OF ACTION.—Section 
10008(a) of the San Joaquin River Restoration Set-
tlement Act (Public Law 111–11) is amended by 
striking ‘‘the Settlement’’ and inserting ‘‘the Settle-
ment or a third party’’. 
(7) SETTLEMENT FUND.—Section 10009 of the 
San Joaquin River Restoration Settlement Act (Pub-
lic Law 111–11) is amended— 
(A) in subsection (a), by amending para-
graph (3) to read as follows: 
‘‘(3) LIMITATION.—Except as provided in the 
Settlement, to the extent that costs incurred solely 
to implement this Settlement would not otherwise 
have been incurred by any entity or public or local 
agency or subdivision of the State of California, such 
costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such 
costs are incurred on a voluntary basis. Any appro-
priations by Congress to implement this part shall 
be on the basis of line item authorizations and ap-
propriations and shall not be part of the pro-
grammatic funding for the Secretary or the Bureau 
of Reclamation.’’; and 
(B) by striking subsection (f) and inserting 
the following:
‘‘(f) REACH 4B.—No Restoration Flows released 
shall be routed through section 4B of the San Joaquin 
River. The Secretary shall seek to make use of modified 
and/or existing conveyance facilities such as flood control 
channels in order to provide conveyance for the restoration 
flows. Congress finds that such use of multi-use facilities 
is more economical and cost-effective than seeking to re-
store certain sections of the San Joaquin River. The Sec-
retary shall provide non-reimbursable funding for the in-
cremental increase in maintenance costs for use of the 
flood control channels. 
‘‘(g) NO IMPACT ON WATER SUPPLIES.—Re-intro-
duction or migration of species to the San Joaquin River 
upstream of the confluence with the Merced River made 
possible by or aided by the existence of restoration flows 
or any improvements to the river made hereunder shall 
not result in water supply reductions, additional storage 
releases, or bypass flows on unwilling third parties due 
to such re-introduction. 
‘‘(h) NO TRANSFERENCE OF LIABILITY.—Congress 
finds that the Federal interest in the restoration of the 
San Joaquin River upstream of the confluence with the 
Merced River has been satisfied with regard to the devel-
opment of the Friant Division, Delta Mendota canal, the 
continued performance of and compliance with the terms
of agreements of the United States to purchase water 
rights and for exchange of water, its Agreements with the 
entities that comprise the Exchange Contractors to deliver 
their water rights in the San Joaquin River pursuant to 
the terms of the agreements. The enactment of the San 
Joaquin River Restoration Settlement Act, together with 
findings in this legislation including the Settling Parties 
and agencies of the State of California tried to implement 
the Restoration Program for ten years and the Bureau 
of Reclamation has stated it will take at least another 15 
years to implement assuming full funding is provided, even 
though that full funding has never been provided since the 
Settlement was executed or the Restoration Act enacted, 
and that absent implementation of that funding, there is 
no possibility of establishing a viable self-sustaining 
salmonid population and the restoration of the upper San 
Joaquin River has proven infeasible on terms originally 
conceived by the parties to the Settlement and Congress 
in the Restoration Act. Therefore, notwithstanding that 
the United States and water users and agencies within the 
Friant Division are released of any existing or future obli-
gations with regard to the Restoration Program, or any 
similar program, no responsibility for achieving the goals 
of the Restoration Program, including the provision of 
flows and the re-introduction of salmon, or other fish spe-
cies to the San Joaquin River, shall be imposed on the 
United States, upon the Exchange Contractors or any of 
its members nor shall the rights to delivery of water re-
served to the Exchange Contractors by any agency of the 
United States or the State of California be abridged or 
impaired. 
‘‘(i) ABSENCE OF AGREEMENT.—In the absence of 
an agreement with Friant Division long-term contractors, 
in the event the State of California, acting through the 
State Water Resources Control Board or otherwise, or any 
other party requires the flow of the San Joaquin River 
below Friant Dam to exceed the amounts stated in Exhibit 
B of the Settlement, then the authorization to implement 
the Settlement as provided in this Act shall terminate and 
the Secretary of the Interior shall cease any action to im-
plement this part and the Stipulation of Settlement (Nat-
ural Resources Defense Council, et al. v. Kirk Rodgers, 
et al., Eastern District of California, No. Civ-S–88–1658 
LLK/GGH); provided, further, the Secretary shall also 
cease to collect or expend any funds from the San Joaquin 
River Restoration Fund.’’. 
(b) REVIEW
AND DETERMINATION.—San Joaquin 
River Restoration Settlement Act (Public Law 111–11 et 
seq.) is amended by adding at the end the following:
‘‘SEC. 10012. REVIEW AND DETERMINATION. 
‘‘(a) DETERMINATION REQUIRED.—The Governor 
and the Secretary, shall determine, in consideration of the 
overall public interest of both the State of California and 
the Nation, if it is reasonable, prudent, and feasible to 
implement the Settlement as provided in section 10014(b) 
and shall submit a joint report to Congress not later than 
1 year after the date of the enactment of this Act, stating 
their findings and recommended action, including— 
‘‘(1) financial considerations; 
‘‘(2) available scientific evidence; 
‘‘(3) water temperature in the lower reaches of 
the upper San Joaquin River; and 
‘‘(4) alternative uses for the funds required to 
implement the Settlement. 
‘‘(b) ABSENCE OF TIMELY DETERMINATION.—If the 
Governor and the Secretary, do not provide a joint rec-
ommendation within the time specified in subsection (a), 
then it shall be deemed that implementing the Settlement 
consistent with section 10014(b) is not reasonable, pru-
dent, and feasible, and the Secretary shall proceed to im-
plement the Settlement consistent with section 10014(a). 
‘‘SEC. 10013. INTERIM OPERATIONS. 
‘‘Beginning on the date of the enactment of the Gain-
ing Responsibility on Water Act of 2017 and continuing 
until a determination and final plan has been developed
and approved by the Secretary and Governor as provided 
under section 10014(b), and if applicable, the warm water 
fishery plan developed under section 10014(a), the Sec-
retary shall only take the following actions to implement 
the Settlement according to the this Act: 
‘‘(1) Implementation of the Restoration Goal 
and the Water Management Goal of the Settlement 
only to the extent consistent with section 10014(b). 
‘‘(2) No Restoration Flow releases shall be per-
mitted on the San Joaquin River downstream of 
Sack Dam to the confluence with the Merced River. 
‘‘(3) No salmonids shall be placed into or al-
lowed to migrate to the Restoration Area. If any 
salmonids are caught at the Hills Ferry Barrier, 
they shall be salvaged to the extent feasible and re-
turned to an area where there is a viable sustainable 
salmonid population of substantially the same geno-
type or phenotype. 
‘‘(4) Implementation of a plan to recirculate, 
recapture, reuse, exchange and transfer Restoration 
Flows for the purpose of reducing or avoiding im-
pacts to water deliveries to all Friant Division long- 
term contractors caused by the Restoration Flows , 
to the greatest extent feasible.
‘‘SEC. 10014. ALTERNATE LONG-TERM ACTIONS. 
‘‘(a) GRAVELLY FORD–WARM WATER FISHERY.— 
‘‘(1) If it is determined under section 10012(a) 
that the Settlement should not be implemented as 
provided in subsection (b), then not later than 1 
year after such determination, the Secretary and the 
Governor shall develop and approve a reasonable, 
prudent, and feasible plan for maintaining a warm 
water fishery on the San Joaquin River below Friant 
Dam, but upstream of Gravelly Ford, consistent 
with the following: 
‘‘(A) No water shall be released into the 
San Joaquin River for fishery purposes down-
stream of Gravelly Ford. 
‘‘(B) Existing and future contributions to 
the Restoration Fund shall be expended for the 
purposes of— 
‘‘(i) warm water fishery improvements 
within the San Joaquin River channel up-
stream of Gravelly Ford; and 
‘‘(ii) water and fishery improvements 
in the San Joaquin River channel down-
stream of the confluence with the Merced 
River and other areas for benefit of fall 
run salmon.
‘‘(C) The Secretary shall establish a fund 
to be jointly administered by the Friant Water 
Authority, Exchange Contractors, San Joaquin 
Tributaries Authority, and San Luis Delta 
Mendota Water Authority to fund restoration 
actions along the San Joaquin River and its 
tributaries that achieve water quality objectives 
for the protection of fish and wildlife. The Sec-
retary shall transfer the following into the fund: 
‘‘(i) All funds in the San Joaquin 
River Restoration Fund authorized by this 
part. 
‘‘(ii) All future payments by Friant 
Division long-term contractors pursuant to 
section 3406(c)(1) of the Reclamation 
Projects, Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 
Stat. 4721) as provided in the Settlement. 
‘‘(D) In the absence of an agreement with 
Friant Division long-term contractors, in the 
event the State of California, acting through 
the State Water Resources Control Board or 
otherwise, or any other party requires the flow 
of the San Joaquin River to continue below
Gravelly Ford for fish and wildlife purposes 
then— 
‘‘(i) all funding specified for transfer 
under this subsection shall cease, and any 
funds remaining in the San Joaquin River 
Basin Restoration Fund shall be trans-
ferred to the Friant Water Authority for 
implementing conveyance improvements on 
the Friant Kern Canal and Madera Canal 
to mitigate for subsidence impacts since 
their original construction; and 
‘‘(ii) the authorization to implement 
the Settlement as provided in this part, as 
amended by the Gaining Responsibility on 
Water Act of 2017, shall terminate and 
the Secretary shall cease any action to im-
plement this part and the Stipulation of 
Settlement (Natural Resources Defense 
Council, et al. v. Kirk Rodgers, et al., 
Eastern District of California, No. Civ-S– 
88–1658 LLK/GGH); provided, further, 
the Secretary shall also cease to collect or 
expend any funds from the San Joaquin 
River Restoration Fund.
‘‘(b) CONTINUED IMPLEMENTATION.—If, in the deci-
sion required by section 10012(a), it is determined that 
the Settlement should continue to be implemented as pro-
vided in section 10014(b), then the following terms are 
required for Continued Implementation of Settlement and 
no funds shall be expended to implement the Settlement 
other than as provided for herein: 
‘‘(1) IMPROVEMENTS.—The improvements de-
scribed in paragraph (11) of the Settlement and any 
additional improvements identified in the Frame-
work for Implementation published in 2015 and any 
successors thereto shall be completed before any 
Restoration Flows are released to the San Joaquin 
River. 
‘‘(2) PRIORITY PROJECTS.—The improvements 
shall be constructed in the following order: 
‘‘(A) Mendota Pool bypass and fish screen. 
‘‘(B) Arroyo Canal fish screen and Sack 
Dam fish passage facilities. 
‘‘(C) Seepage mitigation actions to allow 
Restoration Flows of up to 4500 CFS such that 
there will be no involuntarily incurred damage 
to private property and no damage to levees. 
‘‘(3) OTHER IMPROVEMENTS.—The remainder 
of the Improvements shall be constructed in an