as provided in the Settlement, includ-
ing how different factors were as-
sessed such as comparative biological 
and 
habitat 
benefits, 
comparative 
costs, relative availability of State 
cost-sharing funds, and the compara-
tive benefits and impacts on water 
temperature, water supply, private 
property, and local and downstream 
flood control. 
(II) The Secretary’s final cost es-
timate for expanding Reach 4B capac-
ity to 4500 cubic feet per second, or 
any alternative route selected, as well 
as the alternative cost estimates pro-
vided by the State, by the Restoration 
Administrator, and by the other par-
ties to the Settlement. 
(III) The Secretary’s plan for 
funding the costs of expanding Reach 
4B or any alternative route selected, 
whether by existing Federal funds 
provided under this Act, by non-Fed-
eral funds, by future Federal appro-
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jlentini on PROD1PC65 with BILLS
priations, or some combination of 
such sources. 
(B) 
DETERMINATION
REQUIRED.—The 
Secretary shall, to the extent feasible, make the 
determination in subparagraph (A) prior to un-
dertaking any substantial construction work to 
increase capacity in Reach 4B. 
(3) COSTS.—If the Secretary’s estimated Fed-
eral cost for expanding Reach 4B in paragraph (2), 
in light of the Secretary’s funding plan set out in 
paragraph (2), would exceed the remaining Federal 
funding authorized by this Act (including all funds 
reallocated, all funds dedicated, and all new funds 
authorized by this Act and separate from all com-
mitments of State and other non-Federal funds and 
in-kind commitments), then before the Secretary 
commences actual construction work in Reach 4B 
(other than planning, design, feasibility, or other 
preliminary measures) to expand capacity to 4500 
cubic feet per second to implement this Settlement, 
Congress must have increased the applicable author-
ization ceiling provided by this Act in an amount at 
least sufficient to cover the higher estimated Federal 
costs. 
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SEC. 10. CALIFORNIA CENTRAL VALLEY SPRING RUN CHI-
NOOK SALMON. 
(a) FINDING.—Congress finds that the implementa-
tion of the Settlement to resolve 18 years of contentious 
litigation regarding restoration of the San Joaquin River 
and the reintroduction of the California Central Valley 
Spring Run Chinook salmon is a unique and unprece-
dented circumstance that requires clear expressions of 
Congressional intent regarding how the provisions of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
are utilized to achieve the goals of restoration of the San 
Joaquin River and the successful reintroduction of Cali-
fornia Central Valley Spring Run Chinook salmon. 
(b) REINTRODUCTION
IN
THE
SAN
JOAQUIN 
RIVER.—California Central Valley Spring Run Chinook 
salmon shall be reintroduced in the San Joaquin River 
below Friant Dam pursuant to section 10(j) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1539(j)) and the 
Settlement, provided that the Secretary of Commerce 
finds that a permit for the reintroduction of California 
Central Valley Spring Run Chinook salmon may be issued 
pursuant to section 10(a)(1)(A) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1539(a)(1)(A)). 
(c) FINAL RULE.— 
(1) DEFINITION
OF
THIRD
PARTY.—For the 
purpose of this subsection, the term ‘‘third party’’ 
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means persons or entities diverting or receiving 
water pursuant to applicable State and Federal law 
and shall include Central Valley Project contractors 
outside of the Friant Division of the Central Valley 
Project and the State Water Project. 
(2) ISSUANCE.—The Secretary of Commerce 
shall issue a final rule pursuant to section 4(d) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1533(d)) governing the incidental take of reintro-
duced California Central Valley Spring Run Chinook 
salmon prior to the reintroduction. 
(3) REQUIRED COMPONENTS.—The rule issued 
under paragraph (2) shall provide that the reintro-
duction will not impose more than de minimis: water 
supply reductions, additional storage releases, or by-
pass flows on unwilling third parties due to such re-
introduction. 
(4) APPLICABLE
LAW.—Nothing in this sec-
tion— 
(A) diminishes the statutory or regulatory 
protections provided in the Endangered Species 
Act for any species listed pursuant to section 4 
of the Endangered Species Act of 1973 (16 
U.S.C. 1533) other than the reintroduced popu-
lation of California Central Valley Spring Run 
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Chinook salmon, including protections pursuant 
to existing biological opinions or new biological 
opinions issued by the Secretary or Secretary of 
Commerce; or 
(B) precludes the Secretary or Secretary of 
Commerce from imposing protections under the 
Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) for other species listed pursuant 
to section 4 of that Act (16 U.S.C. 1533) be-
cause those protections provide incidental bene-
fits to such reintroduced California Central Val-
ley Spring Run Chinook salmon. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 
2024, the Secretary of Commerce shall report to 
Congress on the progress made on the reintroduction 
set forth in this section and the Secretary’s plans for 
future implementation of this section. 
(2) INCLUSIONS.—The report under paragraph 
(1) shall include— 
(A) an assessment of the major challenges, 
if any, to successful reintroduction; 
(B) an evaluation of the effect, if any, of 
the reintroduction on the existing population of 
California Central Valley Spring Run Chinook 
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