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 
that paragraph, would exceed the remaining Federal 
funding authorized by this title (including all funds 
reallocated, all funds dedicated, and all new funds 
authorized by this title 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 title in an amount at 
least sufficient to cover the higher estimated Federal 
costs. 
SEC. 110. REPAYMENT CONTRACTS AND ACCELERATION OF 
REPAYMENT OF CONSTRUCTION COSTS. 
(a) CONVERSION OF CONTRACTS.— 
(1) The Secretary is authorized and directed to 
convert, prior to December 31, 2010, all existing 
long-term contracts with the following Friant Divi-
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sion, Hidden Unit, and Buchanan Unit contractors, 
entered under subsection (e) of section 9 of the Act 
of August 4, 1939 (53 Stat. 1196), to contracts 
under subsection (d) of section 9 of said Act (53 
Stat. 1195), under mutually agreeable terms and 
conditions: Arvin-Edison Water Storage District; 
Delano-Earlimart Irrigation District; Exeter Irriga-
tion District; Fresno Irrigation District; Ivanhoe Ir-
rigation District; Lindmore Irrigation District; Lind-
say-Strathmore Irrigation District; Lower Tule 
River Irrigation District; Orange Cove Irrigation 
District; Porterville Irrigation District; Saucelito Ir-
rigation District; Shafter-Wasco Irrigation District; 
Southern San Joaquin Municipal Utility District; 
Stone Corral Irrigation District; Tea Pot Dome 
Water District; Terra Bella Irrigation District; 
Tulare Irrigation District; Madera Irrigation Dis-
trict; and Chowchilla Water District. Upon request 
of the contractor, the Secretary is authorized to con-
vert, prior to December 31, 2010, other existing 
long-term contracts with Friant Division contractors 
entered under subsection (e) of section 9 of the Act 
of August 4, 1939 (53 Stat. 1196), to contracts 
under subsection (d) of section 9 of said Act (53 
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Stat. 1195), under mutually agreeable terms and 
conditions. 
(2) Upon request of the contractor, the Sec-
retary is further authorized to convert, prior to De-
cember 31, 2010, any existing Friant Division long- 
term contract entered under subsection (c)(2) of sec-
tion 9 of the Act of August 4, 1939 (53 Stat. 1194), 
to a contract under subsection (c)(1) of section 9 of 
said Act, under mutually agreeable terms and condi-
tions. 
(3) All such contracts entered into pursuant to 
paragraph (1) shall— 
(A) require the repayment, either in lump 
sum or by accelerated prepayment, of the re-
maining amount of construction costs identified 
in the Central Valley Project Schedule of Irri-
gation Capital Rates by Contractor 2007 Irriga-
tion Water Rates, dated January 25, 2007, as 
adjusted to reflect payments not reflected in 
such schedule, and properly assignable for ulti-
mate return by the contractor, no later than 
January 31, 2011, or if made in approximately 
equal annual installments, no later than Janu-
ary 31, 2014; such amount to be discounted by 
1⁄2 the Treasury Rate. An estimate of the re-
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maining amount of construction costs as of 
January 31, 2011, as adjusted, shall be pro-
vided by the Secretary to each contractor no 
later than June 30, 2010; 
(B) require that, notwithstanding sub-
section (c)(2), construction costs or other cap-
italized costs incurred after the effective date of 
the contract or not reflected in the schedule ref-
erenced in subparagraph (A), and properly as-
signable to such contractor, shall be repaid in 
not more than 5 years after notification of the 
allocation if such amount is a result of a collec-
tive annual allocation of capital costs to the 
contractors 
exercising 
contract 
conversions 
under this subsection of less than $5,000,000. 
If such amount is $5,000,000 or greater, such 
cost shall be repaid as provided by applicable 
Reclamation law, provided that the reference to 
the amount of $5,000,000 shall not be a prece-
dent in any other context; 
(C) provide that power revenues will not be 
available to aid in repayment of construction 
costs allocated to irrigation under the contract; 
and 
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(D) conform to the Settlement and this 
title and shall continue so long as the con-
tractor pays applicable charges, consistent with 
subsection (c)(2) and applicable law. 
(4) All such contracts entered into pursuant to 
paragraph (2) shall— 
(A) require the repayment in lump sum of 
the remaining amount of construction costs 
identified in the most current version of the 
Central Valley Project Schedule of Municipal 
and Industrial Water Rates, as adjusted to re-
flect payments not reflected in such schedule, 
and properly assignable for ultimate return by 
the contractor, no later than January 31, 2014. 
An estimate of the remaining amount of con-
struction costs as of January 31, 2014, as ad-
justed, shall be provided by the Secretary to 
each contractor no later than June 30, 2013; 
(B) require that, notwithstanding sub-
section (c)(2), construction costs or other cap-
italized costs incurred after the effective date of 
the contract or not reflected in the schedule ref-
erenced in subparagraph (A), and properly as-
signable to such contractor, shall be repaid in 
not more than 5 years after notification of the 
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allocation if such amount is a result of a collec-
tive annual allocation of capital costs to the 
contractors 
exercising 
contract 
conversions 
under this subsection of less than $5,000,000. 
If such amount is $5,000,000 or greater, such 
cost shall be repaid as provided by applicable 
Reclamation law, provided that the reference to 
the amount of $5,000,000 shall not be a prece-
dent in any other context; and 
(C) conform to the Settlement and this 
title and shall continue so long as the con-
tractor pays applicable charges, consistent with 
subsection (c)(2) and applicable law. 
(b) FINAL ADJUSTMENT.—The amounts paid pursu-
ant to subsection (a) shall be subject to adjustment fol-
lowing a final cost allocation by the Secretary upon com-
pletion of the construction of the Central Valley Project. 
In the event that the final cost allocation indicates that 
the costs properly assignable to the contractor are greater 
than what has been paid by the contractor, the contractor 
shall be obligated to pay the remaining allocated costs. 
The term of such additional repayment contract shall be 
no less than 1 year and no more than 10 years, however, 
mutually agreeable provisions regarding the rate of repay-
ment of such amount may be developed by the parties. 
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duced to less than $4.00 per acre foot of project 
water delivered; provided further, that such reduc-
tion shall be implemented annually unless the Sec-
retary determines, based on the availability of other 
monies, that the charges mandated in section 107(1) 
are otherwise needed to cover ongoing federal costs 
of the Settlement, including any federal operation 
and maintenance costs of facilities that the Sec-
retary determines are needed to implement the Set-
tlement. If the Secretary determines that such 
charges are necessary to cover such ongoing federal 
costs, the Secretary shall, instead of making the re-
duction in such charges, reduce the contractor’s op-
eration and maintenance obligation by an equivalent 
amount, and such amount shall not be recovered by 
the United States from any Central Valley Project 
contractor, provided nothing herein shall affect the 
obligation of the contractor to make payments pur-
suant to a transfer agreement with a non-federal op-
erating entity. 
(2) If the calculated reduction in paragraph (1), 
taking into consideration the minimum amount re-
quired, does not result in the contractor offsetting 
its financing costs, the Secretary is authorized and 
directed to reduce, after October 1, 2019, any out-
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standing or future obligations of the contractor to 
the Bureau of Reclamation, other than the charge 
assessed and collected under section 3407(d) of Pub-
lic law 102–575, by the amount of such deficiency, 
with such amount indexed to 2020 using the Treas-
ury Rate and such amount shall not be recovered by 
the United States from any Central Valley Project 
contractor, provided nothing herein shall affect the 
obligation of the contractor to make payments pur-
suant to a transfer agreement with a non-Federal 
operating entity. 
(3) Financing costs, for the purposes of this 
subsection, shall be computed as the difference of 
the net present value of the construction cost identi-
fied in subsection (a)(3)(A) using the full Treasury 
Rate as compared to using one half of the Treasury 
Rate and applying those rates against a calculated 
average annual capital repayment through 2030. 
(4) Effective in 2040, the charge shall revert to 
the amount called for in section 107(1) of this title. 
(5) For purposes of this section, ‘‘Treasury 
Rate’’ shall be defined as the 20 year Constant Ma-
turity Treasury (CMT) rate published by the United 
States Department of the Treasury as of October 1, 
2010. 
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(e) SATISFACTION OF CERTAIN PROVISIONS.— 
(1) IN GENERAL.—Upon the first release of In-
terim Flows or Restoration Flows, pursuant to para-
graphs 13 or 15 of the Settlement, any short- or 
long-term agreement, to which 1 or more long-term 
Friant Division, Hidden Unit, or Buchanan Unit 
contractor that converts its contract pursuant to 
subsection (a) is a party, providing for the transfer 
or exchange of water not released as Interim Flows 
or Restoration Flows shall be deemed to satisfy the 
provisions of subsection 3405(a)(1)(A) and (I) of the 
Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575) without the fur-
ther concurrence of the Secretary as to compliance 
with said subsections if the contractor provides, not 
later than 90 days before commencement of any 
such transfer or exchange for a period in excess of 
1 year, and not later than 30 days before commence-
ment of any proposed transfer or exchange with du-
ration of less than 1 year, written notice to the Sec-
retary stating how the proposed transfer or ex-
change is intended to reduce, avoid, or mitigate im-
pacts to water deliveries caused by the Interim 
Flows or Restoration Flows or is intended to other-
wise facilitate the Water Management Goal, as de-
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scribed in the Settlement. The Secretary shall 
promptly make such notice publicly available. 
(2) 
DETERMINATION
OF
REDUCTIONS
TO 
WATER
DELIVERIES.—Water transferred or ex-
changed under an agreement that meets the terms 
of this subsection shall not be counted as a replace-
ment or an offset for purposes of determining reduc-
tions to water deliveries to any Friant Division long- 
term contractor except as provided in paragraph 
16(b) of the Settlement. The Secretary shall, at least 
annually, make publicly available a compilation of 
the number of transfer or exchange agreements exer-
cising the provisions of this subsection to reduce, 
avoid, or mitigate impacts to water deliveries caused 
by the Interim Flows or Restoration Flows or to fa-
cilitate the Water Management Goal, as well as the 
volume of water transferred or exchanged under 
such agreements. 
(3) STATE LAW.—Nothing in this subsection al-
ters State law or permit conditions, including any 
applicable geographical restrictions on the place of 
use of water transferred or exchanged pursuant to 
this subsection. 
(f) CERTAIN REPAYMENT OBLIGATIONS NOT AL-
TERED.—Implementation of the provisions of this section 
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shall not alter the repayment obligation of any other long- 
term water service or repayment contractor receiving 
water from the Central Valley Project, or shift any costs 
that would otherwise have been properly assignable to the 
Friant contractors absent this section, including oper-
ations and maintenance costs, construction costs, or other 
capitalized costs incurred after the date of enactment of 
this Act, to other such contractors. 
(g) STATUTORY INTERPRETATION.—Nothing in this 
title shall be construed to affect the right of any Friant 
Division, Hidden Unit, or Buchanan Unit long-term con-
tractor to use a particular type of financing to make the 
payments required in paragraph (3)(A) or (4)(A) of sub-
section (a). 
SEC. 111. 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 
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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’’ 
means persons or entities diverting or receiving 
water pursuant to applicable State and Federal laws 
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-
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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 minimus: 
water supply reductions, additional storage releases, 
or bypass flows on unwilling third parties due to 
such reintroduction. 
(4) APPLICABLE
LAW.—Nothing in this sec-
tion— 
(A) diminishes the statutory or regulatory 
protections provided in the Endangered Species 
Act of 1973 for any species listed pursuant to 
section 4 of the Endangered Species Act of 
1973 (16 U.S.C. 1533) other than the reintro-
duced population of California Central Valley 
Spring Run Chinook salmon, including protec-
tions 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-
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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 
salmon existing on the Sacramento River or its 
tributaries; and 
(C) an assessment regarding the future of 
the reintroduction. 
(e) FERC PROJECTS.— 
(1) IN GENERAL.—With regard to California 
Central Valley Spring Run Chinook salmon reintro-
duced pursuant to the Settlement, the Secretary of 
Commerce shall exercise its authority under section 
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18 of the Federal Power Act (16 U.S.C. 811) by re-
serving its right to file prescriptions in proceedings 
for projects licensed by the Federal Energy Regu-
latory Commission on the Calaveras, Stanislaus, 
Tuolumne, Merced, and San Joaquin rivers and oth-
erwise consistent with subsection (c) until after the 
expiration of the term of the Settlement, December 
31, 2025, or the expiration of the designation made 
pursuant to subsection (b), whichever ends first. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection shall preclude the Secretary of Commerce 
from imposing prescriptions pursuant to section 18 
of the Federal Power Act (16 U.S.C. 811) solely for 
other anadromous fish species because those pre-
scriptions provide incidental benefits to such reintro-
duced California Central Valley Spring Run Chinook 
salmon. 
(f) EFFECT OF SECTION.—Nothing in this section is 
intended or shall be construed— 
(1) to modify the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or the Federal Power 
Act (16 U.S.C. 791a et seq.); or 
(2) to establish a precedent with respect to any 
other application of the Endangered Species Act of 
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1973 (16 U.S.C. 1531 et seq.) or the Federal Power 
Act (16 U.S.C. 791a et seq.). 
TITLE II—STUDY TO DEVELOP 
WATER PLAN; REPORT 
SEC. 201. STUDY TO DEVELOP WATER PLAN; REPORT. 
(a) PLAN.— 
(1) GRANT.—To the extent that funds are 
made available in advance for this purpose, the Sec-
retary of the Interior, acting through the Bureau of 
Reclamation, shall provide direct financial assistance 
to the California Water Institute, located at Cali-
fornia State University, Fresno, California, to con-
duct a study regarding the coordination and integra-
tion of sub-regional integrated regional water man-
agement plans into a unified Integrated Regional 
Water Management Plan for the subject counties in 
the hydrologic basins that would address issues re-
lated to— 
(A) water quality; 
(B) water supply (both surface, ground 
water banking, and brackish water desalina-
tion); 
(C) water conveyance; 
(D) water reliability; 
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(E) water conservation and efficient use 
(by distribution systems and by end users); 
(F) flood control; 
(G) water resource-related environmental 
enhancement; and 
(H) population growth. 
(2) STUDY AREA.—The study area referred to 
in paragraph (1) is the proposed study area of the 
San Joaquin River Hydrologic Region and Tulare 
Lake Hydrologic Region, as defined by California 
Department of Water Resources Bulletin 160–05, 
volume 3, chapters 7 and 8, including Kern, Tulare, 
Kings, Fresno, Madera, Merced, Stanislaus, and San 
Joaquin counties in California. 
(b) USE OF PLAN.—The Integrated Regional Water 
Management Plan developed for the 2 hydrologic basins 
under subsection (a) shall serve as a guide for the counties 
in the study area described in subsection (a)(2) to use as 
a mechanism to address and solve long-term water needs 
in a sustainable and equitable manner. 
(c) REPORT.—The Secretary shall ensure that a re-
port containing the results of the Integrated Regional 
Water Management Plan for the hydrologic regions is sub-
mitted to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Natural Re-
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sources of the House of Representatives not later than 24 
months after financial assistance is made available to the 
California Water Institute under subsection (a)(1). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$1,000,000 to remain available until expended. 
TITLE III—FRIANT DIVISION 
IMPROVEMENTS 
SEC. 301. FEDERAL FACILITY IMPROVEMENTS. 
(a) The Secretary of the Interior (hereafter referred 
to as the ‘‘Secretary’’) is authorized and directed to con-
duct feasibility studies in coordination with appropriate 
Federal, State, regional, and local authorities on the fol-
lowing improvements and facilities in the Friant Division, 
Central Valley Project, California: 
(1) Restoration of the capacity of the Friant- 
Kern Canal and Madera Canal to such capacity as 
previously designed and constructed by the Bureau 
of Reclamation. 
(2) Reverse flow pump-back facilities on the 
Friant-Kern Canal, with reverse-flow capacity of ap-
proximately 500 cubic feet per second at the Poso 
and Shafter Check Structures and approximately 
300 cubic feet per second at the Woollomes Check 
Structure. 
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(b) Upon completion of and consistent with the appli-
cable feasibility studies, the Secretary is authorized to con-
struct the improvements and facilities identified in sub-
section (a) in accordance with all applicable Federal and 
State laws. 
(c) The costs of implementing this section shall be 
in accordance with section 303, and shall be a nonreim-
bursable Federal expenditure. 
SEC. 302. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS. 
(a) AUTHORIZATION.—The Secretary is authorized to 
provide financial assistance to local agencies within the 
Central Valley Project, California, for the planning, de-
sign, environmental compliance, and construction of local 
facilities to bank water underground or to recharge 
groundwater, and that recover such water, provided that 
the project meets the criteria in subsection (b). The Sec-
retary is further authorized to require that any such local 
agency receiving financial assistance under the terms of 
this section submit progress reports and accountings to 
the Secretary, as the Secretary deems appropriate, which 
such reports shall be publicly available. 
(b) CRITERIA.— 
(1) A project shall be eligible for Federal finan-
cial assistance under subsection (a) only if all or a 
portion of the project is designed to reduce, avoid, 
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or offset the quantity of the expected water supply 
impacts to Friant Division long-term contractors 
caused by the Interim or Restoration Flows author-
ized in title I of this Act, and such quantities have 
not already been reduced, avoided, or offset by other 
programs or projects. 
(2) Federal financial assistance shall only apply 
to the portion of a project that the local agency des-
ignates as reducing, avoiding, or offsetting the ex-
pected water supply impacts caused by the Interim 
or Restoration Flows authorized in title I of this 
Act, consistent with the methodology developed pur-
suant to paragraph (3)(C). 
(3) No Federal financial assistance shall be pro-
vided by the Secretary under this title for construc-
tion of a project under subsection (a) unless the Sec-
retary— 
(A) determines that appropriate planning, 
design, and environmental compliance activities 
associated with such a project have been com-
pleted, and that the Secretary has been offered 
the opportunity to participate in the project at 
a price that is no higher than the local agency’s 
own costs, in order to secure necessary storage, 
extraction, and conveyance rights for water that 
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may be needed to meet the Restoration Goal as 
described in title I of this Act, where such 
project has capacity beyond that designated for 
the purposes in paragraph (2) or where it is 
feasible to expand such project to allow partici-
pation by the Secretary; 
(B) determines, based on information 
available at the time, that the local agency has 
the financial capability and willingness to fund 
its share of the project’s construction and all 
operation and maintenance costs on an annual 
basis; 
(C) determines that a method acceptable to 
the Secretary has been developed for quanti-
fying the benefit, in terms of reduction, avoid-
ance, or offset of the water supply impacts ex-
pected to be caused by the Interim or Restora-
tion Flows authorized in title I of this Act, that 
will result from the project, and for ensuring 
appropriate adjustment in the recovered water 
account pursuant to section 104(a)(5); and 
(D) has entered into a cost-sharing agree-
ment with the local agency which commits the 
local agency to funding its share of the project’s 
construction costs on an annual basis. 
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(c) GUIDELINES.—Within 1 year from the date of en-
actment of this title, the Secretary shall develop, in con-
sultation with the Friant Division long-term contractors, 
proposed guidelines for the application of the criteria de-
fined in subsection (b), and will make the proposed guide-
lines available for public comment. Such guidelines may 
consider prioritizing the distribution of available funds to 
projects that provide the broadest benefit within the af-
fected area and the equitable allocation of funds. Upon 
adoption of such guidelines, the Secretary shall implement 
such assistance program, subject to the availability of 
funds appropriated for such purpose. 
(d) COST SHARING.—The Federal financial assist-
ance provided to local agencies under subsection (a) shall 
not exceed— 
(1) 50 percent of the costs associated with plan-
ning, design, and environmental compliance activities 
associated with such a project; and 
(2) 50 percent of the costs associated with con-
struction of any such project. 
(e) PROJECT OWNERSHIP.— 
(1) Title to, control over, and operation of, 
projects funded under subsection (a) shall remain in 
one or more non-Federal local agencies. Nothing in 
this title authorizes the Secretary to operate a 
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groundwater bank along or adjacent to the San Joa-
quin River upstream of the confluence with the 
Merced River, and any such groundwater bank shall 
be operated by a non-Federal entity. All projects 
funded pursuant to this subsection shall comply with 
all applicable Federal and State laws, including pro-
visions of California water law. 
(2) All operation, maintenance, and replace-
ment and rehabilitation costs of such projects shall 
be the responsibility of the local agency. The Sec-
retary shall not provide funding for any operation, 
maintenance, or replacement and rehabilitation costs 
of projects funded under subsection (a). 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
(a) The Secretary is authorized and directed to use 
monies from the fund established under section 109 to 
carry out the provisions of section 301(a)(1), in an 
amount not to exceed $35,000,000. 
(b) In addition to the funds made available pursuant 
to subsection (a), the Secretary is also authorized to ex-
pend such additional funds from the fund established 
under section 109 to carry out the purposes of section 
301(a)(2), if such facilities have not already been author-
ized and funded under the plan provided for pursuant to 
section 104(a)(4), in an amount not to exceed 
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$17,000,000, provided that the Secretary first determines 
that such expenditure will not conflict with or delay his 
implementation of actions required by title I of this Act. 
Notice of the Secretary’s determination shall be published 
not later than his submission of the report to Congress 
required by section 109(f)(2). 
(c) In addition to funds made available in subsections 
(a) and (b), there are authorized to be appropriated 
$50,000,000 (October 2008 price levels) to carry out the 
purposes of this title which shall be non-reimbursable. 
Æ 
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