not directly or indirectly require a donation, or any
other payment, to the Restoration Fund, or environ-
mental restoration or mitigation fees not otherwise
provided by law, as a condition to providing for the
storage or conveyance of non-Central Valley Project
water pursuant to reclamation laws, or as a condi-
tion to the delivery of water pursuant to section 215
of the Reclamation Reform Act of 1982 (96 Stat.
1270).
‘‘(2) The Secretary may utilize amounts col-
lected pursuant to section 3406(c)(1)(D) to assist in
achieving applicable water quality standards imposed
in the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary, with emphasis on funding projects
described in section 3406(c)(1)(A) which will con-
tribute to achieving such standards. The balance of
all 
surcharges 
collected 
pursuant 
to 
section
3406(c)(1)(D) shall be utilized by the Secretary to
provide funding to the State of California or other
entity described in section 3407(e)(1) to assist in the
implementation of all projects described in such sub-
paragraph (A) to which funding is not directed pur-
suant to the preceding sentence.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
3407(b) of the Central Valley Project Improvement Act
(106 Stat. 4726) is amended—
(1) by striking ‘‘per year’’ and inserting ‘‘in any
one year’’; and
(2) by inserting ‘‘(from willing sellers)’’ after
‘‘acquisition’’.
(c) MITIGATION AND RESTORATION PAYMENTS BY
WATER AND POWER BENEFICIARIES.—Section 3407(c) of
the Central Valley Project Improvement Act (106 Stat.
4726) is amended to read as follows:
‘‘(c) MITIGATION AND RESTORATION PAYMENTS BY
WATER AND POWER BENEFICIARIES.—
‘‘(1) To the extent required in appropriation
Acts, the Secretary shall assess and collect addi-
tional annual mitigation and restoration payments,
in addition to the charges provided for or collected
under 
sections 
3405(a)(1)(B), 
3405(e), 
and
3406(c)(1)(D) of this title, consisting of charges to
direct beneficiaries of the Central Valley Project
under subsection (d) of this section in order to re-
cover a portion or all of the costs of fish, wildlife,
and habitat restoration programs and projects under
this title.
‘‘(2) The payment described in this subsection
shall be established at amounts that will result in
collection, during each fiscal year, of an amount that
can be reasonably expected to equal the amount ap-
propriated each year, subject to subsection (d) of
this section, and in combination with all other re-
ceipts identified under this title, to carry out the
purposes identified in subsection (b) of this sec-
tion.’’.
(d) ADJUSTMENT AND ASSESSMENT OF MITIGATION
AND RESTORATION PAYMENTS.—Paragraphs (1) and (2)
of section 3407(d) of the Central Valley Project Improve-
ment Act (106 Stat. 4727) are amended to read as follows:
‘‘(1) In assessing the annual payments to carry
out subsection (c) of this section, the Secretary
shall, prior to each fiscal year, estimate the amount
that could be collected in each fiscal year pursuant
to paragraph (2) of this subsection. The Secretary
shall decrease all such payments on a proportionate
basis from amounts contained in the estimate so
that an aggregate amount is collected pursuant to
the requirements of subsection (c)(2) of this section.
‘‘(2) The Secretary shall assess and collect the
following mitigation and restoration payments, to be
covered to the Restoration Fund, subject to the re-
quirements of paragraph (1) of this subsection:
‘‘The Secretary shall require Central Val-
ley Project water and power contractors to
make such additional annual payments as are
necessary to yield, together with all other re-
ceipts, the amount required under subsection
(c)(2) of this section: Provided, That such addi-
tional payments shall not exceed $30,000,000
(October 1992 price levels) on a three-year roll-
ing average basis: Provided further, That such
additional annual payments shall be allocated so
as not to exceed $6 per acre-foot (October 1992
price levels) for Central Valley Project water for
agricultural use delivered by the Central Valley
Project and received or transferred by a Central
Valley Project water contractor, $12 per acre-
foot (October 1992 price levels) for Central Val-
ley Project water for municipal and industrial
use delivered by the Central Valley Project and
received or transferred by a Central Valley
Project contractor, and an amount equal to the
annual Central Valley Project power generation
(in kilowatt hours), net of project use, multi-
plied by 2.0 mils per kilowatt hour (October
1992 price levels) for power contractors: Pro-
vided further, That the charge imposed on agri-
cultural water shall be reduced, if necessary, to
an amount within the probable ability of the
water users to pay as determined and adjusted
by the Secretary no less than every five years:
Provided further, That the Secretary shall im-
pose an additional annual charge of $25 per
acre-foot (October 1992 price levels) for Central
Valley Project water sold or transferred, except
water sold or transferred under the right of
first refusal, to any State or local agency or
other entity which has not previously been a
Central Valley Project customer and which con-
tracts with the Secretary or any other individ-
ual or district receiving Central Valley Project
water to purchase or otherwise transfer any
such water for its own use for municipal and
industrial purposes, to be deposited in the Res-
toration Fund: And provided further, That upon
the completion of the fish, wildlife, and habitat
mitigation and restoration actions mandated
under section 3406 of this title, the Secretary
shall reduce the sums described in subsection
(c)(2) of this section to $35,000,000 per year
(October 1992 price levels) and shall reduce the
annual mitigation and restoration payment ceil-
ing 
established 
under 
this 
subsection 
to
$15,000,000 (October 1992 price levels) on a
three-year rolling average basis. The amount of
the mitigation and restoration payment made
by Central Valley Project water and power
users, taking into account all funds collected
under this title, shall, to the greatest degree
practicable, be assessed in the same proportion,
measured over a ten-year rolling average, as
water and power users’ respective allocations
for repayment of the Central Valley Project.’’.
(e) FUNDING TO NON-FEDERAL ENTITIES.—Section
3407(e) of the Central Valley Project Improvement Act
(106 Stat. 4728) is amended to read as follows:
‘‘(e) FUNDING TO NON-FEDERAL ENTITIES.—
‘‘(1) Except as provided by paragraph (2), if
the Secretary determines that the State of California
or an agency or subdivision thereof, an Indian tribe,
or a nonprofit entity concerned with restoration, pro-
tection, or enhancement of fish, wildlife, habitat, or
environmental values is able to assist in implement-
ing any action authorized by this title in an efficient,
timely, and cost-effective manner, the Secretary is
authorized to provide funding to such entity on such
terms and conditions as he deems necessary to assist
in implementing the identified action.
‘‘(2) The use of funding provided by the Sec-
retary to the State of California or other entity de-
scribed in section 3407(e)(1) pursuant to subsection
3407(a)(2) to assist in the implementation of
projects described in section 3406(c)(1)(A) shall be
as determined by the State of California or such
other entity and shall not be subjected to terms and
conditions imposed by the Secretary which are unac-
ceptable to the State of California or such other en-
tity.’’.
(f) RESTORATION FUND FINANCIAL REPORTS.—
Subsection (f) of section 3407 of the the Central Valley
Project Improvement Act (106 Stat. 4728) is amended—
(1) by striking ‘‘Committee on Interior and In-
sular Affairs, the Committee on Merchant Marine
and Fisheries,’’ and inserting ‘‘Committee on Re-
sources’’; and
(2) by striking ‘‘next upcoming’’ and inserting
‘‘current’’.
SEC. 108. ADDITIONAL AUTHORITIES.
(a) ELIGIBLE ORGANIZATIONS.—Section 3408(c) of
the Central Valley Project Improvement Act (106 Stat.
4728.) is amended by striking ‘‘nonprofit’’.
(b) ANNUAL REPORTS.—Section 3408(f) of the
Central Valley Project Improvement Act (106 Stat. 4729)
is amended—
(1) by striking out ‘‘Interior and Insular Affairs
and Merchant Marine and Fisheries’’ and inserting
in lieu thereof ‘‘Resources’’; and
(2) in the second sentence, by inserting before
the period at the end the following: ‘‘, including (but
not limited to) progress on the plan required by sub-
section (j)’’.
(c) PROJECT YIELD INCREASE AND JUDICIAL DE-
CREES.—Subsections (j) and (k) of section 3408 of the
Central Valley Project Improvement Act (106 Stat. 4730)
are amended to read as follows:
‘‘(j) PROJECT YIELD INCREASE.—In order to mini-
mize adverse effects upon existing Central Valley Project
water contractors resulting from the water reserved for
fish and wildlife under this title, and to assist the State
of California in meeting its future water needs, the Sec-
retary shall, on a priority basis, not later than two years
after the date of enactment of the Central Valley Project
Reform Act of 1995, develop and submit to Congress, a
least-cost plan to increase, as soon as possible but not
later than ten years after the date of enactment of this
title (except for the construction of new facilities which
shall not be limited by the ten year period), the yield of
the Central Valley Project by the amount reserved and
managed for fish and wildlife purposes under this title and
otherwise required to meet the purposes of the Central
Valley Project including, without limitation, satisfying
contractual obligations. In order to carry out this sub-
section, the Secretary is authorized and directed to coordi-
nate with the State of California in implementing meas-
ures for the long-term resolution of problems in the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary.
The plan authorized by this subsection shall include (but
not be limited to) a description of how the Secretary in-
tends to use the following options:
‘‘(1) Improvements in, modification of, or addi-
tions to the facilities and operations of the project
and construction of new water storage facilities.
‘‘(2) Conservation.
‘‘(3) Transfers.
‘‘(4) Conjunctive use.
‘‘(5) Purchase of water.
‘‘(6) Purchase and idling of agricultural land.
‘‘(7) Direct purchase of water rights.
Such plan shall include recommendations on appropriate
cost-sharing arrangements and shall be developed in a
manner consistent with all applicable State and Federal
law. Such plan shall also include recommendations for au-
thorizing legislation or other measures, if any, needed to
implement the intent, purposes, and provisions of this sub-
section.
‘‘(k) JUDICIAL DECREES.—Except as specifically
provided in this title, nothing in this title is intended to
alter the terms of any final judicial decree confirming or
determining water rights. Notwithstanding any other pro-
vision of reclamation law, the judgment entered December
30, 1986, by the United States District Court of the East-
ern District of California in the consolidated cases entitled
Barcellos and Wolfsen, Inc., et al. v. Westlands Water
District, et al. (No. CV 79–106 EDP) and Westlands
Water District, et al. v. United States, et al. (No. CV F
81–245 EDP), shall be deemed an existing long-term
water service contract, which shall be renewable pursuant
to section 3404(c) of this title.’’.
(d) TECHNICAL AMENDMENT.—Section 3408(h)(2)
of the Central Valley Project Improvement Act (106 Stat.
4729) is amended by striking out ‘‘(h)(i)’’ and inserting
in lieu thereof ‘‘(h)(1)’’.
(e) STANISLAUS RIVER.—Section 3408 of the Central
Valley Project Improvement Act (106 Stat 4730) is
amended by adding at the end the following:
‘‘(l)(1) The Secretary shall identify the water supply
impacts resulting from the reallocation of Stanislaus River
water for fish and wildlife purposes under this title, and
no later than two years after the date of enactment of
the Central Valley Project Reform Act of 1995, develop
and implement a plan to provide long term replacement
water in an amount equal to the identified water supply
impacts on out-of-basin entities and entities adjacent to
the watershed which have contracted with the Secretary
for water from the New Melones Project. In the event the
available yield of the New Melones Reservoir is insufficient
to meet the contractual needs of these districts, then the
Bureau shall provide an alternative supply at the contrac-
tual rate. Allocations for other Central Valley Project con-
tractors shall not be reduced as a result of deliveries from
New Melones Reservoir or any alternative source to the
Stockton East Water District and the Central San Joa-
quin Water Conservation District.
‘‘(2) The plan developed under paragraph (1) shall
include (but not be limited to) utilization of exchange or
transfer of water facilitated by the Secretary in accord-
ance with California law, other conjunctive use facilities
satisfactory to the contracting entities, and/or additional
diversion facilities. The construction of such facilities or
the allocation of costs associated with such facilities shall
be treated as nonreimbursible capital costs of the Bureau
and not result in increased allocation of costs to any
Central Valley Project contractor.’’.
SEC. 109. PREFERENCE CUSTOMER.
The Central Valley Project Improvement Act (106
Stat. 4706 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 3413. PREFERENCE CUSTOMER.
‘‘The first preference entitlement to electrical power
from the Central Valley Project provided to Calaveras and
Tuolumne Counties, California, by the Flood Control Act
of 1962 (Public Law 87–874) shall not be reduced by the
implementation of this title to a level that would fall below
25 percent of the ‘average annual amount of generation’
from the New Melones Project (as specified at page 2505,
section 2.3, of the January 16, 1985 Federal Register).
Such allocation shall not cause a reoperation of the New
Melones Project.’’.