(3) SEEPAGE
IMPACTS.—The Secretary shall 
reduce Interim Flows to the extent necessary to ad-
dress any material adverse impacts to third parties 
from groundwater seepage caused by such flows that 
the Secretary identifies based on the monitoring pro-
gram of the Secretary. 
(4) TEMPORARY FISH BARRIER PROGRAM.—The 
Secretary, in consultation with the California De-
partment of Fish and Game, shall evaluate the effec-
tiveness of the Hills Ferry barrier in preventing the 
unintended upstream migration of anadromous fish 
in the San Joaquin River and any false migratory 
pathways. If that evaluation determines that any 
such migration past the barrier is caused by the in-
troduction of the Interim Flows and that the pres-
ence of such fish will result in the imposition of ad-
ditional regulatory actions against third parties, the 
Secretary is authorized to assist the Department of 
Fish and Game in making improvements to the bar-
rier. From funding made available in accordance 
with section 109, if third parties along the San Joa-
quin River south of its confluence with the Merced 
River are required to install fish screens or fish by-
pass facilities due to the release of Interim Flows in 
order to comply with the Endangered Species Act of 
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1973 (16 U.S.C. 1531 et seq.), the Secretary shall 
bear the costs of the installation of such screens or 
facilities if such costs would be borne by the Federal 
Government under section 109(a)(3), except to the 
extent that such costs are already or are further 
willingly borne by the State of California or by the 
third parties. 
(i) FUNDING AVAILABILITY.— 
(1) IN GENERAL.—Funds shall be collected in 
the San Joaquin River Restoration Fund through 
October 1, 2019, and thereafter, with substantial 
amounts available through October 1, 2019, pursu-
ant to section 109 for implementation of the Settle-
ment and titles I and III, including— 
(A) $88,000,000, to be available without 
further appropriation pursuant to section 
109(c)(2); 
(B) additional amounts authorized to be 
appropriated, including the charges required 
under 
section 
107 
and 
an 
estimated 
$20,000,000 from the CVP Restoration Fund 
pursuant to section 109(b)(2); and 
(C) an aggregate commitment of at least 
$200,000,000 by the State of California. 
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(2) ADDITIONAL AMOUNTS.—Substantial addi-
tional amounts from the San Joaquin River Restora-
tion Fund shall become available without further ap-
propriation after October 1, 2019, pursuant to sec-
tion 109(c)(2). 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection limits the availability of funds authorized 
for appropriation pursuant to section 109(b) or 
303(c). 
(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.— 
Subject to section 106(b), nothing in this title shall modify 
or amend the rights and obligations under the Purchase 
Contract between Miller and Lux and the United States 
and the Second Amended Exchange Contract between the 
United States, Department of the Interior, Bureau of Rec-
lamation and Central California Irrigation District, San 
Luis Canal Company, Firebaugh Canal Water District 
and Columbia Canal Company. 
SEC. 105. ACQUISITION AND DISPOSAL OF PROPERTY; 
TITLE TO FACILITIES. 
(a) TITLE TO FACILITIES.—Unless acquired pursu-
ant to subsection (b), title to any facility or facilities, 
stream channel, levees, or other real property modified or 
improved in the course of implementing the Settlement au-
thorized by this title, and title to any modifications or im-
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provements of such facility or facilities, stream channel, 
levees, or other real property— 
(1) shall remain in the owner of the property; 
and 
(2) shall not be transferred to the United 
States on account of such modifications or improve-
ments. 
(b) ACQUISITION OF PROPERTY.— 
(1) IN GENERAL.—The Secretary is authorized 
to acquire through purchase from willing sellers any 
property, interests in property, or options to acquire 
real property needed to implement the Settlement 
authorized by this title. 
(2) APPLICABLE LAW.—The Secretary is au-
thorized, but not required, to exercise all of the au-
thorities provided in section 2 of the Act of August 
26, 1937 (50 Stat. 844, chapter 832), to carry out 
the measures authorized in this section and section 
104. 
(c) DISPOSAL OF PROPERTY.— 
(1) IN GENERAL.—Upon the Secretary’s deter-
mination that retention of title to property or inter-
ests in property acquired pursuant to this title is no 
longer needed to be held by the United States for 
the furtherance of the Settlement, the Secretary is 
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authorized to dispose of such property or interest in 
property on such terms and conditions as the Sec-
retary deems appropriate and in the best interest of 
the United States, including possible transfer of 
such property to the State of California. 
(2) RIGHT OF FIRST REFUSAL.—In the event 
the Secretary determines that property acquired pur-
suant to this title through the exercise of its eminent 
domain authority is no longer necessary for imple-
mentation of the Settlement, the Secretary shall pro-
vide a right of first refusal to the property owner 
from whom the property was initially acquired, or 
his or her successor in interest, on the same terms 
and conditions as the property is being offered to 
other parties. 
(3) DISPOSITION
OF
PROCEEDS.—Proceeds 
from the disposal by sale or transfer of any such 
property or interests in such property shall be depos-
ited in the fund established by section 109(c). 
(d) GROUNDWATER BANK.—Nothing in this title au-
thorizes the Secretary to operate a groundwater bank 
along or adjacent to the San Joaquin River upstream of 
the confluence with the Merced River, and any such 
groundwater bank shall be operated by a non-Federal enti-
ty. 
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SEC. 106. COMPLIANCE WITH APPLICABLE LAW. 
(a) APPLICABLE LAW.— 
(1) IN GENERAL.—In undertaking the measures 
authorized by this title, the Secretary and the Sec-
retary of Commerce shall comply with all applicable 
Federal and State laws, rules, and regulations, in-
cluding the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
necessary. 
(2) ENVIRONMENTAL REVIEWS.—The Secretary 
and the Secretary of Commerce are authorized and 
directed to initiate and expeditiously complete appli-
cable environmental reviews and consultations as 
may be necessary to effectuate the purposes of the 
Settlement. 
(b) EFFECT ON STATE LAW.—Nothing in this title 
shall preempt State law or modify any existing obligation 
of the United States under Federal reclamation law to op-
erate the Central Valley Project in conformity with State 
law. 
(c) USE
OF FUNDS
FOR ENVIRONMENTAL RE-
VIEWS.— 
(1) DEFINITION
OF
ENVIRONMENTAL
RE-
VIEW.—For purposes of this subsection, the term 
‘‘environmental review’’ includes any consultation 
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and planning necessary to comply with subsection 
(a). 
(2) PARTICIPATION
IN
ENVIRONMENTAL
RE-
VIEW PROCESS.—In undertaking the measures au-
thorized by section 104, and for which environ-
mental review is required, the Secretary may provide 
funds made available under this title to affected 
Federal agencies, State agencies, local agencies, and 
Indian tribes if the Secretary determines that such 
funds are necessary to allow the Federal agencies, 
State agencies, local agencies, or Indian tribes to ef-
fectively participate in the environmental review 
process. 
(3) LIMITATION.—Funds may be provided 
under paragraph (2) only to support activities that 
directly contribute to the implementation of the 
terms and conditions of the Settlement. 
(d) NONREIMBURSABLE FUNDS.—The United States 
share of the costs of implementing this title shall be nonre-
imbursable under Federal reclamation law, provided that 
nothing in this subsection shall limit or be construed to 
limit the use of the funds assessed and collected pursuant 
to sections 3406(c)(1) and 3407(d)(2) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Pub-
lic Law 102–575; 106 Stat. 4721, 4727), for implementa-
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tion of the Settlement, nor shall it be construed to limit 
or modify existing or future Central Valley Project rate-
setting policies. 
SEC. 107. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT. 
Congress hereby finds and declares that the Settle-
ment satisfies and discharges all of the obligations of the 
Secretary contained in section 3406(c)(1) of the Reclama-
tion Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721), provided, how-
ever, that— 
(1) the Secretary shall continue to assess and 
collect the charges provided in section 3406(c)(1) of 
the Reclamation Projects Authorization and Adjust-
ment Act of 1992 (Public Law 102–575; 106 Stat. 
4721), as provided in the Settlement; and 
(2) those assessments and collections shall con-
tinue to be counted toward the requirements of the 
Secretary contained in section 3407(c)(2) of the 
Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 Stat. 4726). 
SEC. 108. NO PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Nothing in this title confers upon 
any person or entity not a party to the Settlement a pri-
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vate right of action or claim for relief to interpret or en-
force the provisions of this title or the Settlement. 
(b) APPLICABLE LAW.—This section shall not alter 
or curtail any right of action or claim for relief under any 
other applicable law. 
SEC. 109. APPROPRIATIONS; SETTLEMENT FUND. 
(a) IMPLEMENTATION COSTS.— 
(1) IN GENERAL.—The costs of implementing 
the Settlement shall be covered by payments or in- 
kind contributions made by Friant Division contrac-
tors and other non-Federal parties, including the 
funds provided in subparagraphs (A) through (D) of 
subsection (c)(1), estimated to total $440,000,000, 
of which the non-Federal payments are estimated to 
total $200,000,000 (at October 2006 price levels) 
and the amount from repaid Central Valley Project 
capital 
obligations 
is 
estimated 
to 
total 
$240,000,000, the additional Federal appropriation 
of $250,000,000 authorized pursuant to subsection 
(b)(1), and such additional funds authorized pursu-
ant to subsection (b)(2); provided however, that the 
costs of implementing the provisions of section 
104(a)(1) shall be shared by the State of California 
pursuant to the terms of a memorandum of under-
standing executed by the State of California and the 
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Parties to the Settlement on September 13, 2006, 
which includes at least $110,000,000 of State funds. 
(2) ADDITIONAL AGREEMENTS.— 
(A) IN
GENERAL.—The Secretary shall 
enter into 1 or more agreements to fund or im-
plement improvements on a project-by-project 
basis with the State of California. 
(B) REQUIREMENTS.—Any agreements en-
tered into under subparagraph (A) shall provide 
for recognition of either monetary or in-kind 
contributions toward the State of California’s 
share of the cost of implementing the provisions 
of section 104(a)(1). 
(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. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to the funding 
provided in subsection (c), there are also authorized 
to be appropriated not to exceed $250,000,000 (at 
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