104 
the Delta and the riverine tributaries thereto; 
and 
(B) may enter into cooperative agreements 
for the operation of conservation hatchery pro-
grams with States, Indian tribes, and other 
nongovernmental entities for the benefit, en-
hancement, and support of naturally spawning 
fish species. 
(g) ACQUISITION OF LAND, WATER, OR INTERESTS 
FROM WILLING SELLERS FOR ENVIRONMENTAL PUR-
POSES IN CALIFORNIA.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior is authorized to acquire by purchase, lease, do-
nation, or otherwise, land, water, or interests in land 
or water from willing sellers in California— 
(A) to benefit listed or candidate species 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) or the California Endan-
gered Species Act (California Fish and Game 
Code sections 2050 through 2116); 
(B) to meet requirements of, or otherwise 
provide water quality benefits under, the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1251 et seq.) or the Porter Cologne Water 
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105 
Quality Control Act (division 7 of the California 
Water Code); or 
(C) for protection and enhancement of the 
environment, as determined by the Secretary of 
the Interior. 
(2) FINANCIAL ASSISTANCE.—In implementing 
this section, the Secretary of the Interior is author-
ized to provide financial assistance to the State of 
California or otherwise hold such interests in joint 
ownership with the State of California based on a 
cost share deemed appropriate by the Secretary. 
(3) TREATMENT.—Any expenditures under this 
subsection shall be nonreimbursable and nonreturn-
able to the United States. 
SEC. 202. ACTIONS TO BENEFIT REFUGES. 
(a) IN GENERAL.—In addition to funding under sec-
tion 3407 of the Central Valley Project Improvement Act 
(Public Law 102–575; 106 Stat. 4726), there is author-
ized to be appropriated to the Secretary of the Interior 
$2,000,000 for each of fiscal years 2016 through 2020 
for the acceleration and completion of water infrastructure 
and conveyance facilities necessary to achieve full water 
deliveries to Central Valley wildlife refuges and habitat 
areas pursuant to section 3406(d) of that Act (Public Law 
102–575; 106 Stat. 4722). 
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(b) COST-SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the cost of carrying out an activity described in this 
section shall be not more than 50 percent. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of carrying out an activity de-
scribed in this section— 
(A) shall be not less than 50 percent; and 
(B) may be provided in cash or in-kind. 
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS FISH IN STANISLAUS RIVER. 
(a) DEFINITION OF DISTRICT.—In this section, the 
term ‘‘district’’ means— 
(1) the Oakdale Irrigation District of the State 
of California; and 
(2) the South San Joaquin Irrigation District 
of the State of California. 
(b) ESTABLISHMENT.—The Secretary of Commerce, 
acting through the Assistant Administrator of the Na-
tional Marine Fisheries Service, and the districts, in con-
sultation with the Director of the California Department 
of Fish and Wildlife, shall jointly establish and conduct 
a nonnative predator research and pilot fish removal pro-
gram to study the effects of removing from the Stanislaus 
River— 
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(1) nonnative striped bass, smallmouth bass, 
largemouth bass, black bass; and 
(2) other nonnative predator fish species. 
(c) REQUIREMENTS.—The program under this sec-
tion shall— 
(1) be scientifically based, with research ques-
tions determined jointly by— 
(A) National Marine Fisheries Service sci-
entists; and 
(B) technical experts of the districts; 
(2) include methods to quantify by, among 
other things, evaluating the number of juvenile 
anadromous fish that migrate past the rotary screw 
trap located at Caswell— 
(A) the number and size of predator fish 
removed each year; and 
(B) the impact of the removal on— 
(i) the overall abundance of predator 
fish in the Stanislaus River; and 
(ii) the populations of juvenile anad-
romous fish in the Stanislaus River; 
(3) among other methods, consider using wire 
fyke trapping, portable resistance board weirs, and 
boat electrofishing; and 
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(4) be implemented as quickly as practicable 
after the date of issuance of all necessary scientific 
research permits. 
(d) MANAGEMENT.—The management of the pro-
gram shall be the joint responsibility of the Assistant Ad-
ministrator and the districts, which shall— 
(1) work collaboratively to ensure the perform-
ance of the program; and 
(2) discuss and agree on, among other things— 
(A) qualified scientists to lead the pro-
gram; 
(B) research questions; 
(C) experimental design; 
(D) changes in the structure, management, 
personnel, techniques, strategy, data collection 
and access, reporting, and conduct of the pro-
gram; and 
(E) the need for independent peer review. 
(e) CONDUCT.— 
(1) IN GENERAL.—For each applicable calendar 
year, the districts, on agreement of the Assistant 
Administrator, may elect to conduct the program 
under this section using— 
(A) the personnel of the Assistant Admin-
istrator or districts; 
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(B) qualified private contractors hired by 
the districts; 
(C) personnel of, on loan to, or otherwise 
assigned to the National Marine Fisheries Serv-
ice; or 
(D) a combination of the individuals de-
scribed in subparagraphs (A) through (C). 
(2) PARTICIPATION
BY
NATIONAL
MARINE 
FISHERIES SERVICE.— 
(A) IN GENERAL.—If the districts elect to 
conduct the program using district personnel or 
qualified private contractors hired under sub-
paragraph (A) or (B) of paragraph (1), the As-
sistant Administrator may assign an employee 
of, on loan to, or otherwise assigned to the Na-
tional Marine Fisheries Service, to be present 
for all activities performed in the field to ensure 
compliance with subsection (d). 
(B) COSTS.—The districts shall pay the 
cost of participation by the employee under sub-
paragraph (A), in accordance with subsection 
(f). 
(3) TIMING OF ELECTION.—The districts shall 
notify the Assistant Administrator of an election 
under paragraph (1) by not later than October 15 
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110 
of the calendar year preceding the calendar year for 
which the election applies. 
(f) FUNDING.— 
(1) IN
GENERAL.—The districts shall be re-
sponsible for 100 percent of the cost of the program. 
(2) CONTRIBUTED FUNDS.—The Secretary of 
Commerce may accept and use contributions of 
funds from the districts to carry out activities under 
the program. 
(3) ESTIMATION OF COST.— 
(A) IN GENERAL.—Not later than Decem-
ber 1 of each year of the program, the Sec-
retary of Commerce shall submit to the districts 
an estimate of the cost to be incurred by the 
National Marine Fisheries Service for the pro-
gram during the following calendar year, if any, 
including the cost of any data collection and 
posting under subsection (g). 
(B) FAILURE
TO
FUND.—If an amount 
equal to the estimate of the Secretary of Com-
merce is not provided through contributions 
pursuant to paragraph (2) before December 31 
of that calendar year— 
(i) the Secretary shall have no obliga-
tion to conduct the program activities oth-
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111 
erwise scheduled for the following calendar 
year until the amount is contributed by the 
districts; and 
(ii) the districts may not conduct any 
aspect of the program until the amount is 
contributed by the districts. 
(4) ACCOUNTING.— 
(A) IN
GENERAL.—Not later than Sep-
tember 1 of each year, the Secretary of Com-
merce shall provide to the districts an account-
ing of the costs incurred by the Secretary for 
the program during the preceding calendar 
year. 
(B) EXCESS
AMOUNTS.—If the amount 
contributed by the districts pursuant to para-
graph (2) for a calendar year was greater than 
the costs incurred by the Secretary of Com-
merce during that year, the Secretary shall— 
(i) apply the excess amounts to the 
cost of activities to be performed by the 
Secretary under the program, if any, dur-
ing the following calendar year; or 
(ii) if no such activities are to be per-
formed, repay the excess amounts to the 
districts. 
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(g) PUBLICATION AND EVALUATION OF DATA.— 
(1) IN GENERAL.—All data generated through 
the program, including by any private consultants, 
shall be routinely provided to the Assistant Adminis-
trator. 
(2) INTERNET.—Not later than the 15th day of 
each month of the program, the Assistant Adminis-
trator shall publish on the Internet website of the 
National Marine Fisheries Service a tabular sum-
mary of the raw data collected under the program 
during the preceding month. 
(3) REPORT.—On completion of the program, 
the Assistant Administrator shall prepare a final re-
port evaluating the effectiveness of the program, in-
cluding recommendations for future research and re-
moval work. 
(h) CONSISTENCY WITH LAW.— 
(1) IN GENERAL.—The programs in this section 
and section 204 are found to be consistent with the 
requirements of the Central Valley Project Improve-
ment Act (Public Law 102–575; 106 Stat. 4706). 
(2) LIMITATION.—No provision, plan, or defini-
tion under that Act, including section 3406(b)(1) of 
that Act (Public Law 102–575; 106 Stat. 4714), 
shall be used— 
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(A) to prohibit the implementation of the 
programs in this section and section 204; or 
(B) to prevent the accomplishment of the 
goals of the programs. 
(3) STATE LAW.—The Secretary of the Interior, 
the Secretary of Commerce, and the participating 
districts shall comply with applicable requirements 
of State law with respect to the program under this 
subsection. 
SEC. 
204. 
PILOT 
PROJECTS 
TO 
IMPLEMENT 
CALFED 
INVASIVE SPECIES PROGRAM. 
(a) IN GENERAL.—Not later than January 1, 2017, 
the Secretary of the Interior, in collaboration with the Sec-
retary of Commerce, the Director of the California De-
partment of Fish and Wildlife, and other relevant agencies 
and interested parties, shall establish and carry out pilot 
projects to implement the invasive species control program 
under section 103(d)(6)(A)(iv) of Public Law 108–361 
(118 Stat. 1690). 
(b) REQUIREMENTS.—The pilot projects under this 
section shall— 
(1) seek to reduce invasive aquatic vegetation 
(such as water hyacinth), predators, and other com-
petitors that contribute to the decline of native listed 
pelagic and anadromous species that occupy the Sac-
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ramento and San Joaquin Rivers and their tribu-
taries and the Delta; and 
(2) remove, reduce, or control the effects of spe-
cies including Asiatic clams, silversides, gobies, Bra-
zilian water weed, largemouth bass, smallmouth 
bass, striped bass, crappie, bluegill, white and chan-
nel catfish, zebra and quagga mussels, and brown 
bullheads. 
(c) EMERGENCY ENVIRONMENTAL REVIEWS.—To 
expedite environmentally beneficial programs in this title 
for the conservation of threatened and endangered species, 
the Secretaries of the Interior and Commerce shall consult 
with the Council on Environmental Quality in accordance 
with section 1506.11 of title 40, Code of Federal Regula-
tions (or successor regulations), to develop alternative ar-
rangements to comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for those pro-
grams. 
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TITLE 
III—CALIFORNIA 
EMER-
GENCY 
DROUGHT 
RELIEF 
AND 
OPERATIONAL 
FLEXI-
BILITY 
SEC. 301. TAKING INTO ACCOUNT INCREASED REAL-TIME 
MONITORING AND UPDATED SCIENCE. 
(a) SMELT BIOLOGICAL OPINION.—The Director 
shall use the best scientific and commercial data available 
to implement, continuously evaluate, and refine or amend, 
as appropriate, the reasonable and prudent alternative de-
scribed in the smelt biological opinion. 
(b) INCREASED MONITORING TO INFORM REAL- 
TIME OPERATIONS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall conduct additional surveys, on an annual 
basis at the appropriate time of year based on envi-
ronmental conditions, in collaboration with inter-
ested stakeholders regarding the science of the Delta 
in general, and to enhance real-time decisionmaking 
in particular, working in close coordination with rel-
evant State authorities. 
(2) REQUIREMENTS.—In carrying out this sub-
section, the Secretary of the Interior shall use— 
(A) the most appropriate and accurate sur-
vey methods available for the detection of Delta 
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smelt to determine the extent to which adult 
Delta smelt are distributed in relation to cer-
tain levels of turbidity or other environmental 
factors that may influence salvage rate; 
(B) results from appropriate surveys for 
the detection of Delta smelt to determine how 
the Central Valley Project and State Water 
Project may be operated more efficiently to 
maximize fish and water supply benefits; and 
(C) science-based recommendations devel-
oped by any of the persons or entities described 
in subsection (d)(2) to inform the agencies’ 
real-time decisions. 
(3) WINTER MONITORING.—During the period 
between December 1 and March 31, if suspended 
sediment loads enter the Delta from the Sacramento 
River, and the suspended sediment loads appear 
likely to raise turbidity levels in the Old River north 
of the export pumps from values below 12 
Nephelometric Turbidity Units (NTUs) to values 
above 12 NTUs, the Secretary of the Interior 
shall— 
(A) conduct daily monitoring using appro-
priate survey methods at locations including the 
vicinity of Station 902 to determine the extent 
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to which adult Delta smelt are moving with tur-
bidity toward the export pumps; and 
(B) use results from the monitoring under 
subparagraph (A) to determine how increased 
trawling can inform daily real-time Central Val-
ley Project and State Water Project operations 
to maximize fish and water supply benefits. 
(c) PERIODIC REVIEW OF MONITORING.—Not later 
than 1 year after the date of enactment of this Act, the 
Secretary of the Interior shall— 
(1) evaluate whether the monitoring program 
under subsection (b), combined with other moni-
toring programs for the Delta, is providing sufficient 
data to inform Central Valley Project and State 
Water Project operations to maximize the water sup-
ply for fish and water supply benefits; and 
(2) determine whether the monitoring efforts 
should be changed in the short or long term to pro-
vide more useful data. 
(d) DELTA SMELT DISTRIBUTION STUDY.— 
(1) IN GENERAL.—Not later than March 15, 
2021, the Secretary of the Interior shall— 
(A) complete studies, to be initiated by not 
later than 90 days after the date of enactment 
of this Act, designed— 
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(i) to understand the location and de-
termine the abundance and distribution of 
Delta smelt throughout the range of the 
Delta smelt; and 
(ii) to determine potential methods to 
minimize the effects of Central Valley 
Project and State Water Project oper-
ations on the Delta smelt; 
(B) based on the best available science, if 
appropriate and practicable, implement new tar-
geted sampling and monitoring of Delta smelt 
in order to maximize fish and water supply ben-
efits prior to completion of the study under sub-
paragraph (A); 
(C) to the maximum extent practicable, 
use new technologies to allow for better track-
ing of Delta smelt, such as acoustic tagging, op-
tical recognition during trawls, and fish detec-
tion 
using 
residual 
deoxyribonucleic 
acid 
(DNA); and 
(D) if new sampling and monitoring is not 
implemented under subparagraph (B), provide a 
detailed explanation of the determination of the 
Secretary of the Interior that no change is war-
ranted. 
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(2) CONSULTATION.—In determining the scope 
of the studies under this subsection, the Secretary of 
the Interior shall consult with— 
(A) Central Valley Project and State 
Water Project water contractors and public 
water agencies; 
(B) other public water agencies; 
(C) the California Department of Fish and 
Wildlife and the California Department of 
Water Resources; and 
(D) nongovernmental organizations. 
(e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION 
OF OMR FLOW REQUIREMENTS.— 
(1) ENVIRONMENTAL PROTECTION MANDATE.— 
The Secretaries of the Interior and Commerce shall 
take no action pursuant to this Act that would cause 
additional adverse effects on the listed fish species 
beyond the range of effects anticipated to occur to 
the listed fish species for the duration of the applica-
ble biological opinion, using the best scientific and 
commercial data available. 
(2) REAL-TIME
MANAGEMENT
TO
ACHIEVE 
MULTIPLE GOALS.—Building upon previous drought 
operations in calendar years 2014 and 2015, the 
Secretaries of the Interior and Commerce shall mon-
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itor in real time to determine the location and den-
sities of listed fish species relative to the pumps, 
Delta conditions, and other relevant factors, in order 
to identify— 
(A) opportunities to increase water pump-
ing without violating the standard in paragraph 
(1) or other applicable environmental laws and 
regulations; and 
(B) circumstances where it is necessary to 
decrease water pumping to protect listed fish 
species. 
(3) MANAGEMENT.—In implementing the smelt 
biological opinion and the salmonid biological opin-
ion, the Secretaries of the Interior and Commerce 
shall manage the OMR in accordance with those 
opinions to maximize water supplies for the Central 
Valley Project and State Water Project, to the ex-
tent consistent with paragraph (1). 
(4) REVERSE FLOW.— 
(A) IN
GENERAL.—With respect to the 
management of reverse flow in the OMR under 
the smelt biological opinion, the Secretary of 
the Interior shall implement the relevant provi-
sions of the smelt biological opinion to maxi-
mize Central Valley Project and State Water 
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