HR 23 RFS
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)— 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
(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.’’. 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
(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: 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
‘‘(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 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
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-
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
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: 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
‘‘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 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
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. 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
‘‘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. 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
‘‘(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 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS
HR 23 RFS
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. 
VerDate Sep 11 2014 
03:21 Jul 19, 2017
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H23.RFS
H23
rfrederick on DSK3GLQ082PROD with BILLS