I 
116TH CONGRESS 
1ST SESSION H. R. 1435 
To direct the Secretary of the Interior to take actions supporting non- 
Federal investments in water infrastructure improvements in the Sac-
ramento Valley, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2019 
Mr. GARAMENDI (for himself and Mr. LAMALFA) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To direct the Secretary of the Interior to take actions sup-
porting non-Federal investments in water infrastructure 
improvements in the Sacramento Valley, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sites Reservoir Project 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) According to the U.S. Drought Monitor, the 
State of California experienced one of the longest, 
driest periods on record from late December 2011 
until April 2017, with a statewide emergency dec-
laration in effect from mid-January 2014 until early 
April 2017. In water year 2017, the State of Cali-
fornia experienced one of the wettest years on 
record. New surface water storage infrastructure 
with the capacity to store water in wet years for use 
in dry periods is urgently needed. 
(2) The Sites Project (sometimes referred to as 
‘‘North-of-Delta Offstream Storage’’) has been iden-
tified by the State of California and the Federal 
Government as an important component to inte-
grated water management in the Sacramento Valley 
that would advance the co-equal objectives of im-
proving water management and restoring ecological 
health for beneficial uses of the Sacramento-San 
Joaquin Delta and the Sacramento River watershed. 
Further, the Sites Reservoir was found in the 2000 
CALFED Record of Decision to be the preferred lo-
cation to provide North-of-Delta Offstream Storage 
and subsequent studies have shown the Sites Res-
ervoir to be technically and economically feasible. 
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(3) Among other things, the Sites Project 
would— 
(A) increase surface water storage to en-
hance water management flexibility in the Sac-
ramento Valley; 
(B) improve operation of the State’s water 
system to provide improvements in ecosystem 
and water quality conditions in the Bay-Delta 
while providing a more reliable water supply for 
the State of California; 
(C) improve conditions for fish, waterfowl, 
and wildlife in the Sacramento Valley, including 
anadromous fish in the Sacramento River; 
(D) provide local flood control benefits; 
(E) 
integrate 
with 
renewable 
energy 
sources consistent with applicable Federal and 
State of California goals; 
(F) create both construction and long-term 
jobs to improve the local and regional econo-
mies in the Sacramento Valley; 
(G) provide additional recreational bene-
fits; and 
(H) reduce local flooding. 
(4) The Sites Project has been shown to provide 
approximately 
500,000 
acre-feet 
of 
additional 
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annualized yield that, when integrated into the oper-
ations of the State and Federal reservoirs upstream 
of the Bay-Delta, can improve the system-wide oper-
ational efficiency for both water supply reliability 
and the environment. 
(5) Healthy wetlands and wildlife refuges are of 
vital importance to wildlife in California and require 
a reliable supply of water. Additional surface water 
storage can help meet water supply goals under the 
Central Valley Project Improvement Act (title 
XXXIV of Public Law 102–575). 
(6) It is in the interests of the United States 
for the Federal Government to work with the Sites 
Project Authority, which has been established under 
the laws of the State of California as an independent 
joint exercise of powers authority to, among other 
things, study, promote, develop, design, finance, ac-
quire, construct, manage, and operate Sites Res-
ervoir and related facilities to advance the Sites 
Project in the most expeditious and cost-effective 
manner possible. 
(7) On July 24, 2018, the California Water 
Commission voted to award $816,000,000 to the 
Sites Project under Proposition 1 (Water Quality, 
Supply, and Infrastructure Improvement Act of 
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2014), showing a strong commitment from the State 
of California to advance the project. 
(8) As of the date of the introduction of this 
Act, the Sites Project Authority had the following 
public agencies serving on its 11-member governing 
board: Colusa County Water District, Glenn-Colusa 
Irrigation District, Placer County Water District/ 
City of Roseville, Reclamation District 108, Sac-
ramento County Water Agency/City of Sacramento, 
the Tehama-Colusa Canal Authority, Westside 
Water District, the County of Colusa, and the Coun-
ty of Glenn. In addition, other agencies from the 
Sacramento Valley and agencies from the Bay Area, 
San Joaquin Valley, and southern California are ac-
tively participating to advance the Sites Project. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Sites Project Authority that entered into a Joint 
Exercise of Powers Agreement on August 26, 2010, 
for the purpose of advancing the Sites Project as a 
non-Federal facility. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
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(3) CENTRAL
VALLEY
PROJECT.—The term 
‘‘Central Valley Project’’ means all Federal reclama-
tion projects located within or diverting water from 
or to the watershed of the Sacramento and San Joa-
quin Rivers and their tributaries as authorized by 
the Act of August 26, 1937 (50 Stat. 850), and all 
Acts amendatory or supplemental thereto, includ-
ing— 
(A) the Act of October 17, 1940 (54 Stat. 
1198, 1199); 
(B) the Act of December 22, 1944 (58 
Stat. 887); 
(C) the Act of October 14, 1949 (63 Stat. 
852); 
(D) the Act of September 26, 1950 (64 
Stat. 1036); 
(E) the Act of August 27, 1954 (68 Stat. 
879); 
(F) the Act of August 12, 1955 (69 Stat. 
719); 
(G) the Act of June 3, 1960 (74 Stat. 
156); 
(H) the Act of October 23, 1962 (76 Stat. 
1173); 
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(I) the Act of September 2, 1965 (79 Stat. 
615); 
(J) the Act of August 19, 1967 (81 Stat. 
167); 
(K) the Act of August 27, 1967 (81 Stat. 
173); 
(L) the Act of October 23, 1970 (84 Stat. 
1097); 
(M) the Act of September 28, 1976 (90 
Stat. 1324); and 
(N) the Act of October 27, 1986 (100 
Stat. 3050). 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
(5) REPAYMENT
AND
WATER
SERVICE
CON-
TRACTS.—The terms ‘‘repayment contract’’ and 
‘‘water service contract’’ have the same meaning 
given those terms in sections 9(d) and 9(e), respec-
tively, of the Reclamation Project Act of 1939 (53 
Stat. 1187, 1195). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) 
SITES
PROJECT.—The 
term 
‘‘Sites 
Project’’— 
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(A) refers to the off-stream water storage 
project identified in the CALFED Record of 
Decision, dated August 28, 2000; and 
(B) means the Sites Reservoir in Glenn 
and Colusa Counties, California, and related fa-
cilities, including associated water conveyance 
and hydropower generation and transmission 
facilities. 
(8) STATE.—The term ‘‘State’’ means the State 
of California. 
SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT 
STATEMENTS. 
(a) DUTIES OF THE BUREAU.—With respect to the 
Sites Project, the Bureau shall— 
(1) be the lead Federal agency for the purposes 
of all Federal reviews, analyses, opinions, state-
ments, permits, licenses, or other approvals or deci-
sions required under Federal law to allow the con-
struction of the Sites Project, including all require-
ments under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
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(C) any other Federal law applicable to the 
construction of the Sites Project facilities by 
the Authority; 
(2) take such steps as are necessary to ensure 
that all Federal reviews, analyses, opinions, state-
ments, permits, licenses, or other approvals or deci-
sions required under Federal law to allow the Au-
thority to construct and operate the Sites Project 
are completed on an expeditious basis and use the 
shortest applicable process, and, to the maximum ex-
tent practicable, are completed not later than Janu-
ary 1, 2022, as required by the California Water 
Quality Supply, and Infrastructure Improvement 
Act, as approved by California voters on November 
4, 2014, as a condition of State financial participa-
tion in a project deemed eligible for assistance under 
the aforementioned Act; and 
(3) coordinate, as appropriate, with the non- 
Federal project sponsors, which are the State of 
California and the Sites Project Authority. 
(b) FINAL ENVIRONMENTAL IMPACT STATEMENT 
AND ENVIRONMENTAL IMPACT REPORT.—No later than 
6 months after the date of the enactment of this Act, the 
Secretary shall work with the Secretary of Commerce, the 
Assistant Secretary of the Army for Civil Works, and the 
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Administrator of the Environmental Protection Agency to 
develop a plan to expeditiously complete and issue the final 
joint environmental impact statement and environmental 
impact report on the Sites Project. 
(c) REQUIREMENTS OF EXISTING LAW.—Nothing in 
this section affects the requirements of Federal law. 
SEC. 5. CONSTRUCTION AND OPERATION OF NON-FEDERAL 
PROJECT. 
(a) AUTHORIZATION
OF CONSTRUCTION.—Section 
103(d)(1)(B) of the Calfed Bay-Delta Authorization Act 
(Public Law 108–361) is amended— 
(1) by redesignating clauses (ii) and (iii) as 
clauses (iv) and (v), respectively; 
(2) by inserting after clause (i) the following: 
‘‘(ii) 
CONSTRUCTION
AUTHORIZA-
TION.—If the Secretary determines that 
the project described in subparagraph 
(A)(ii)(I) is feasible, the Secretary, in co-
operation with the Authority, may partici-
pate in the design, planning, and construc-
tion of the Sites Project, as a non-Federal, 
State-led project as defined under section 
4007(a)(2) of Public Law 114–322, in a 
manner that is substantially in accordance 
with the recommended plan, subject to the 
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conditions described in the feasibility 
study. 
‘‘(iii) FEDERAL
INVESTMENT
IN
A 
NON-FEDERAL
SITES
PROJECT.—As re-
quired by section 4007(c)(2)(C), the Sec-
retary shall take such steps as are nec-
essary to ensure that, in return for any 
Federal investment in a non-Federal Sites 
Project, a proportionate share of the 
project’s public benefits are Federal bene-
fits, including water supplies dedicated to 
specific purposes such as environmental 
enhancement and those purposes referred 
to in section 5(f) and (g) of the Sites Res-
ervoir Project Act.’’; 
(3) in clause (iii), by striking ‘‘the project’’ and 
inserting ‘‘a project described in subparagraph 
(A)(ii)(I)’’; and 
(4) in subclause (I) of clause (v) (as so redesig-
nated by paragraph (1) of this subsection), by strik-
ing ‘‘clause (ii)’’ each place it appears and inserting 
‘‘clause (iv)’’. 
(b) IN GENERAL.—Notwithstanding any provision of 
this Act, the Commissioner shall take any and all actions 
possible to advance the Sites Project as a non-Federal 
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project, including entering into cost-shared financial as-
sistance agreements with the Authority to support the de-
sign, planning, and construction of the Sites Project as 
a non-Federal project. 
(c) PROJECT PARTNERSHIP AGREEMENTS.—At the 
request of the Authority, the Bureau shall enter into a 
project partnership agreement with the Authority for the 
Authority to provide full project management control for 
construction of the Sites Project, or a separable element 
of the project, in accordance with plans approved by the 
Secretary. 
(d) DETAILED PROJECT SCHEDULE.—Not later than 
180 days after entering into a Project partnership agree-
ment under subsection (c), the Authority, to the maximum 
extent practicable, shall submit to the Secretary a detailed 
project schedule based on estimated funding levels that 
lists all deadlines for each milestone in the construction 
of the project. 
(e) TITLE; OPERATIONS AND MAINTENANCE.—The 
Authority shall— 
(1) hold title to all new facilities constructed 
under this section; and 
(2) be solely responsible for the operation and 
maintenance costs for such facilities. 
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(f) COORDINATED
OPERATIONS.—The Secretary 
shall execute and implement a long-term agreement be-
tween the United States and the Authority to provide for 
the coordination of operations of the Central Valley 
Project and the Sites Project to— 
(1) satisfy any contracts or cooperative agree-
ments entered into subsection (g); 
(2) help meet any unmet needs for Sacramento 
Valley inbasin water uses; 
(3) help meet any unmet needs of existing Cen-
tral Valley Project repayment and water service con-
tracts; and 
(4) ensure that any surplus water supplies from 
the Sites Project are put to full and beneficial use. 
(g) CONTRACTS AND COOPERATIVE AGREEMENTS.— 
The Secretary is authorized to enter into long-term con-
tracts and cooperative agreements with the Authority to 
complete all planning and preconstruction activities and 
to acquire water supplies and lease-of-power privilege 
made available from the Sites Project for the purposes of 
meeting the requirements under section 3406(b)(3) and 
section 3408(j) of the Central Valley Project Improvement 
Act (Public Law 102–575) and such other purposes as 
the Secretary may deem appropriate. 
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SEC. 6. WATER INFRASTRUCTURE IMPROVEMENTS FOR 
THE NATION (WIIN) ACT AMENDMENTS. 
(a) ISSUANCE OF GUIDELINES.—Section 4007(c)(4) 
of Public Law 114–322 is amended— 
(1) by striking ‘‘(B)’’ and inserting ‘‘(C)’’; 
(2) by striking ‘‘but’’ after ‘‘analyses’’; and 
(3) by inserting after subparagraph (A), the fol-
lowing: 
‘‘(B) shall, not later than 120 days after 
the date of the enactment of the Sites Reservoir 
Project Act, issue guidelines for feasibility (or 
the equivalent) studies for State-led storage 
projects that shall be deemed to provide suffi-
cient information for making the independent 
determinations described in paragraph (2); 
and’’. 
(b) DEFINITIONS.—Section 4011(f)(2) of Public Law 
114–322 is amended— 
(1) by inserting ‘‘permitting,’’ following ‘‘de-
signing’’; and 
(2) by inserting ‘‘mitigation’’ following ‘‘regu-
latory’’. 
SEC. 7. COMPLIANCE WITH ENVIRONMENTAL LAWS. 
Nothing in this Act— 
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(1) modifies or alters any obligations or re-
quirements under any Federal environmental law, 
including— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); and 
(2) preempts or modifies any obligation of the 
Federal Government to act in conformance with ap-
plicable State law, including applicable State water 
law. 
SEC. 8. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to preempt or 
modify any obligation of the United States to act in con-
formance with applicable State law, including area of ori-
gin and other water rights protections. 
Æ 
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