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paragraph (2), the head of the relevant Federal 
agency shall issue a final decision on the project, 
subject to subsection (e)(2). 
(5) MEETING CONVENED BY SECRETARY.—The 
Secretary of the Interior may convene a final project 
decision meeting under this subsection at any time, 
at the discretion of the Secretary, regardless of 
whether a meeting is requested under paragraph (2). 
(d) APPLICATION.—To the extent that a Federal 
agency, other than the agencies headed by the Secretaries, 
has a role in approving projects described in subsections 
(a) and (b), this section shall apply to those Federal agen-
cies. 
(e) LIMITATION.—Nothing in this section authorizes 
the Secretaries to approve projects— 
(1) that would otherwise require congressional 
authorization; or 
(2) without following procedures required by 
applicable law. 
(f) DROUGHT PLAN.—For the period of time such 
that in any year that the Sacramento Valley index is 6.5 
or lower, or at the request of the State of California, and 
until two succeeding years following either of those events 
have been completed where the final Sacramento Valley 
Index is 7.8 or greater, the Secretaries of Commerce and 
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the Interior, in consultation with appropriate State offi-
cials, shall develop a drought operations plan that is con-
sistent with the provisions of this Act including the provi-
sions that are intended to provide additional water sup-
plies that could be of assistance during the current 
drought. 
SEC. 303. OPERATION OF CROSS-CHANNEL GATES. 
(a) IN GENERAL.—The Secretary of Commerce and 
the Secretary of the Interior shall jointly— 
(1) authorize and implement activities to ensure 
that the Delta Cross Channel Gates remain open to 
the maximum extent practicable using findings from 
the United States Geological Survey on diurnal be-
havior of juvenile salmonids, timed to maximize the 
peak flood tide period and provide water supply and 
water quality benefits for the duration of the 
drought emergency declaration of the State, and for 
the period of time such that in any year that the 
Sacramento Valley index is 6.5 or lower, or at the 
request of the State of California, and until two suc-
ceeding years following either of those events have 
been completed where the final Sacramento Valley 
Index is 7.8 or greater, consistent with operational 
criteria and monitoring criteria set forth into the 
Order Approving a Temporary Urgency Change in 
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License and Permit Terms in Response to Drought 
Conditions of the California State Water Resources 
Control Board, effective January 31, 2014 (or a suc-
cessor order) and other authorizations associated 
with it; 
(2) with respect to the operation of the Delta 
Cross Channel Gates described in paragraph (1), 
collect data on the impact of that operation on— 
(A) species listed as threatened or endan-
gered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(B) water quality; and 
(C) water supply; 
(3) collaborate with the California Department 
of Water Resources to install a deflection barrier at 
Georgiana Slough in coordination with Delta Cross 
Channel Gate diurnal operations to protect migrat-
ing salmonids, consistent with knowledge gained 
from activities carried out during 2014 and 2015; 
(4) evaluate the combined salmonid survival in 
light of activities carried out pursuant to paragraphs 
(1) through (3) in deciding how to operate the Delta 
Cross Channel gates to enhance salmonid survival 
and water supply benefits; and 
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(5) not later than May 15, 2016, submit to the 
appropriate committees of the House of Representa-
tives and the Senate a notice and explanation on the 
extent to which the gates are able to remain open. 
(b) RECOMMENDATIONS.—After assessing the infor-
mation collected under subsection (a), the Secretary of the 
Interior shall recommend revisions to the operation of the 
Delta Cross-Channel Gates, to the Central Valley Project, 
and to the State Water Project, including, if appropriate, 
any reasonable and prudent alternative contained in the 
biological opinion issued by the National Marine Fisheries 
Service on June 4, 2009, that are likely to produce water 
supply benefits without causing a significant negative im-
pact on the long-term survival of the listed fish species 
within the Delta or on water quality. 
SEC. 304. FLEXIBILITY FOR EXPORT/INFLOW RATIO. 
For the period of time such that in any year that 
the Sacramento Valley index is 6.5 or lower, or at the re-
quest of the State of California, and until two succeeding 
years following either of those events have been completed 
where the final Sacramento Valley Index is 7.8 or greater, 
the Commissioner of the Bureau of Reclamation shall con-
tinue to vary the averaging period of the Delta Export/ 
Inflow ratio pursuant to the California State Water Re-
sources Control Board decision D1641— 
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(1) to operate to a 35-percent Export/Inflow 
ratio with a 3-day averaging period on the rising 
limb of a Delta inflow hydrograph; and 
(2) to operate to a 14-day averaging period on 
the falling limb of the Delta inflow hydrograph. 
SEC. 305. EMERGENCY ENVIRONMENTAL REVIEWS. 
(a) NEPA COMPLIANCE.—To minimize the time 
spent carrying out environmental reviews and to deliver 
water quickly that is needed to address emergency drought 
conditions in the State during the duration of an emer-
gency drought declaration, the Secretaries shall, in car-
rying out this Act, consult with the Council on Environ-
mental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (including successor reg-
ulations), to develop alternative arrangements to comply 
with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) during the emergency. 
(b) DETERMINATIONS.—For the purposes of this sec-
tion, a Secretary may deem a project to be in compliance 
with all necessary environmental regulations and reviews 
if the Secretary determines that the immediate implemen-
tation of the project is necessary to address— 
(1) human health and safety; or 
(2) a specific and imminent loss of agriculture 
production upon which an identifiable region de-
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pends for 25 percent or more of its tax revenue used 
to support public services including schools, fire or 
police services, city or county health facilities, unem-
ployment services or other associated social services. 
SEC. 306. INCREASED FLEXIBILITY FOR REGULAR PROJECT 
OPERATIONS. 
The Secretaries shall, consistent with applicable laws 
(including regulations)— 
(1) in coordination with the California Depart-
ment of Water Resources and the California Depart-
ment of Fish and Wildlife, implement offsite up-
stream projects in the Delta and upstream of the 
Sacramento River and San Joaquin basins that off-
set the effects on species listed as threatened or en-
dangered under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) due to activities carried out 
pursuant this Act, as determined by the Secretaries; 
(2) manage reverse flow in the Old and Middle 
Rivers at ¥6,100 cubic feet per second if real-time 
monitoring indicates that flows of ¥6,100 cubic feet 
per second or more negative can be established for 
specific periods without causing a significant nega-
tive impact on the long-term survival of the Delta 
smelt, or if real-time monitoring does not support 
flows of ¥6,100 cubic feet per second than manage 
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OMR flows at ¥5,000 cubic feet per second subject 
to section 103(e) (3) and (4); and 
(3) use all available scientific tools to identify 
any changes to real-time operations of the Bureau of 
Reclamation, State, and local water projects that 
could result in the availability of additional water 
supplies. 
SEC. 307. TEMPORARY OPERATIONAL FLEXIBILITY FOR 
FIRST FEW STORMS OF THE WATER YEAR. 
(a) IN GENERAL.—Consistent with avoiding a signifi-
cant negative impact on the long-term survival in the short 
term upon listed fish species beyond the range of those 
authorized under the Endangered Species Act of 1973 and 
other environmental protections under subsection (e), the 
Secretaries shall authorize the Central Valley Project and 
the State Water Project, combined, to operate at levels 
that result in negative OMR flows at ¥7,500 cubic feet 
per second (based on United States Geological Survey 
gauges on Old and Middle Rivers) daily average for 56 
cumulative days after October 1 as described in subsection 
(c). 
(b) DAYS
OF TEMPORARY OPERATIONAL FLEXI-
BILITY.—The temporary operational flexibility described 
in subsection (a) shall be authorized on days that the Cali-
fornia Department of Water Resources determines the 
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daily average river flow of the Sacramento River is at, or 
above, 17,000 cubic feet per second as measured at the 
Sacramento River at Freeport gauge maintained by the 
United States Geologic Survey. 
(c) COMPLIANCE WITH ENDANGERED SPECIES ACT 
AUTHORIZATIONS.—In carrying out this section, the Sec-
retaries may continue to impose any requirements under 
the smelt and salmonid biological opinions during any pe-
riod of temporary operational flexibility as they determine 
are reasonably necessary to avoid an additional significant 
negative impacts on the long-term survival of a listed fish 
species beyond the range of those authorized under the 
Endangered Species Act of 1973, provided that the re-
quirements imposed do not reduce water supplies available 
for the Central Valley Project and the State Water 
Project. 
(d) OTHER ENVIRONMENTAL PROTECTIONS.— 
(1) STATE
LAW.—The Secretaries’ actions 
under this section shall be consistent with applicable 
regulatory requirements under State law. 
(2) FIRST SEDIMENT FLUSH.—During the first 
flush of sediment out of the Delta in each water 
year, and provided that such determination is based 
upon objective evidence, OMR flow may be managed 
at rates less negative than ¥5,000 cubic feet per 
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second for a minimum duration to avoid movement 
of adult Delta smelt (Hypomesus transpacificus) to 
areas in the southern Delta that would be likely to 
increase entrainment at Central Valley Project and 
State Water Project pumping plants. 
(3) APPLICABILITY OF OPINION.—This section 
shall not affect the application of the salmonid bio-
logical opinion from April 1 to May 31, unless the 
Secretary of Commerce finds that some or all of 
such applicable requirements may be adjusted dur-
ing this time period to provide emergency water sup-
ply relief without resulting in additional adverse ef-
fects beyond those authorized under the Endangered 
Species Act of 1973. In addition to any other ac-
tions to benefit water supply, the Secretary of the 
Interior and the Secretary of Commerce shall con-
sider allowing through-Delta water transfers to 
occur during this period if they can be accomplished 
consistent with section 3405(a)(1)(H) of the Central 
Valley Project Improvement Act. Water transfers 
solely or exclusively through the State Water Project 
are not required to be consistent with section 
3405(a)(1)(H) of the Central Valley Project Im-
provement Act. 
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(4) MONITORING.—During operations under 
this section, the Commissioner of Reclamation, in 
coordination with the Fish and Wildlife Service, Na-
tional Marine Fisheries Service, and California De-
partment of Fish and Wildlife, shall undertake a 
monitoring program and other data gathering to en-
sure incidental take levels are not exceeded, and to 
identify potential negative impacts and actions, if 
any, necessary to mitigate impacts of the temporary 
operational flexibility to species listed under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
(e) TECHNICAL ADJUSTMENTS
TO TARGET PE-
RIOD.—If, before temporary operational flexibility has 
been implemented on 56 cumulative days, the Secretaries 
operate the Central Valley Project and the State Water 
Project combined at levels that result in OMR flows less 
negative than ¥7,500 cubic feet per second during days 
of temporary operational flexibility as defined in sub-
section (c), the duration of such operation shall not be 
counted toward the 56 cumulative days specified in sub-
section (a). 
(f) EMERGENCY CONSULTATION; EFFECT ON RUN-
NING AVERAGES.— 
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(1) If necessary to implement the provisions of 
this section, the Commissioner is authorized to take 
any action necessary to implement this section for 
up to 56 cumulative days. If during the 56 cumu-
lative days the Commissioner determines that ac-
tions necessary to implement this section will exceed 
56 days, the Commissioner shall use the emergency 
consultation procedures under the Endangered Spe-
cies Act of 1973 and its implementing regulation at 
section 402.05 of title 50, Code of Federal Regula-
tions, to temporarily adjust the operating criteria 
under the biological opinions— 
(A) solely for extending beyond the 56 cu-
mulative days for additional days of temporary 
operational flexibility— 
(i) no more than necessary to achieve 
the purposes of this section consistent with 
the environmental protections in sub-
sections (d) and (e); and 
(ii) including, as appropriate, adjust-
ments to ensure that the actual flow rates 
during the periods of temporary oper-
ational flexibility do not count toward the 
5-day and 14-day running averages of 
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tidally filtered daily OMR flow require-
ments under the biological opinions, or 
(B) for other adjustments to operating cri-
teria or to take other urgent actions to address 
water supply shortages for the least amount of 
time or volume of diversion necessary as deter-
mined by the Commissioner. 
(2) Following the conclusion of the 56 cumu-
lative days of temporary operational flexibility, or 
the extended number of days covered by the emer-
gency consultation procedures, the Commissioner 
shall not reinitiate consultation on these adjusted 
operations, and no mitigation shall be required, if 
the effects on listed fish species of these operations 
under this section remain within the range of those 
authorized under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). If the Commissioner 
reinitiates consultation, no mitigation measures shall 
be required. 
(g) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.— 
In articulating the determinations required under this sec-
tion, the Secretaries shall fully satisfy the requirements 
herein but shall not be expected to provide a greater level 
of supporting detail for the analysis than feasible to pro-
vide within the short timeframe permitted for timely deci-
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sionmaking in response to changing conditions in the 
Delta. 
SEC. 308. EXPEDITING WATER TRANSFERS. 
(a) IN GENERAL.—Section 3405(a) of the Central 
Valley Project Improvement Act (Public Law 102–575; 
106 Stat. 4709(a)) is amended— 
(1) by redesignating paragraphs (1) through 
(3) as paragraphs (4) through (6), respectively; 
(2) in the matter preceding paragraph (4) (as 
so designated)— 
(A) in the first sentence, by striking ‘‘In 
order to’’ and inserting the following: 
‘‘(1) IN GENERAL.—In order to’’; and 
(B) in the second sentence, by striking 
‘‘Except as provided herein’’ and inserting the 
following: 
‘‘(3) TERMS.—Except as otherwise provided in 
this section’’; 
(3) by inserting before paragraph (3) (as so 
designated) the following: 
‘‘(2) EXPEDITED TRANSFER OF WATER.—The 
Secretary shall take all necessary actions to facilitate 
and expedite transfers of Central Valley Project 
water in accordance with— 
‘‘(A) this Act; 
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‘‘(B) any other applicable provision of the 
reclamation laws; and 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).’’; 
(4) in paragraph (4) (as so designated)— 
(A) in subparagraph (A), by striking ‘‘to 
combination’’ and inserting ‘‘or combination’’; 
and 
(B) by striking ‘‘3405(a)(2) of this title’’ 
each place it appears and inserting ‘‘(5)’’; 
(5) in paragraph (5) (as so designated), by add-
ing at the end the following: 
‘‘(E) The contracting district from which 
the water is coming, the agency, or the Sec-
retary shall determine if a written transfer pro-
posal is complete within 45 days after the date 
of submission of the proposal. If the contracting 
district or agency or the Secretary determines 
that the proposal is incomplete, the district or 
agency or the Secretary shall state with speci-
ficity what must be added to or revised for the 
proposal to be complete.’’; and 
(6) in paragraph (6) (as so designated), by 
striking ‘‘3405(a)(1)(A)–(C), (E), (G), (H), (I), (L), 
and (M) of this title’’ and inserting ‘‘(A) through 
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(C), (E), (G), (H), (I), (L), and (M) of paragraph 
(4)’’. 
(b) CONFORMING AMENDMENTS.—The Central Val-
ley Project Improvement Act (Public Law 102–575) is 
amended— 
(1) in section 3407(c)(1) (106 Stat. 4726), by 
striking 
‘‘3405(a)(1)(C)’’ 
and 
inserting 
‘‘3405(a)(4)(C)’’; and 
(2) in section 3408(i)(1) (106 Stat. 4729), by 
striking ‘‘3405(a)(1) (A) and (J) of this title’’ and 
inserting ‘‘subparagraphs (A) and (J) of section 
3405(a)(4)’’. 
SEC. 309. ADDITIONAL EMERGENCY CONSULTATION. 
For adjustments to operating criteria other than 
under section 308 of this Act or to take urgent actions 
to address water supply shortages for the least amount 
of time or volume of diversion necessary as determined 
by the Commissioner of Reclamation, no mitigation meas-
ures shall be required during any year that the Sac-
ramento Valley index is 6.5 or lower, or at the request 
of the State of California, and until two succeeding years 
following either of those events have been completed where 
the final Sacramento Valley Index is 7.8 or greater, and 
any mitigation measures imposed must be based on quan-
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titative data and required only to the extent that such data 
demonstrates actual harm to species. 
SEC. 310. ADDITIONAL STORAGE AT NEW MELONES. 
The Commissioner of Reclamation is directed to work 
with local water and irrigation districts in the Stanislaus 
River Basin to ascertain the water storage made available 
by the Draft Plan of Operations in New Melones Reservoir 
(DRPO) for water conservation programs, conjunctive use 
projects, water transfers, rescheduled project water and 
other projects to maximize water storage and ensure the 
beneficial use of the water resources in the Stanislaus 
River Basin. All such programs and projects shall be im-
plemented according to all applicable laws and regulations. 
The source of water for any such storage program at New 
Melones Reservoir shall be made available under a valid 
water right, consistent with the State of California water 
transfer guidelines and any other applicable State water 
law. The Commissioner shall inform the Congress within 
18 months setting forth the amount of storage made avail-
able by the DRPO that has been put to use under this 
program, including proposals received by the Commis-
sioner from interested parties for the purpose of this sec-
tion. 
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SEC. 311. REGARDING THE OPERATION OF FOLSOM RES-
ERVOIR. 
The Secretary of the Interior, in collaboration with 
the Sacramento Water Forum, shall expedite evaluation, 
completion and implementation of the Modified Lower 
American River Flow Management Standard developed by 
the Water Forum in 2015 to improve water supply reli-
ability for Central Valley Project American River water 
contractors and resource protection in the lower American 
River during consecutive dry-years under current and fu-
ture demand and climate change conditions. 
SEC. 312. APPLICANTS. 
In the event that the Bureau of Reclamation or an-
other Federal agency initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National 
Marine Fisheries Service under section 7(a)(2) of the En-
dangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central 
Valley Project and State Water Project, or any part there-
of, the State Water Project contractors and the Central 
Valley Project contractors will be accorded all the rights 
and responsibilities extended to applicants in the consulta-
tion process. 
SEC. 313. SAN JOAQUIN RIVER SETTLEMENT. 
(a) CALIFORNIA STATE LAW SATISFIED BY WARM 
WATER FISHERY.— 
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(1) IN GENERAL.—Sections 5930 through 5948 
of the California Fish and Game Code, and all appli-
cable Federal laws, including the San Joaquin River 
Restoration Settlement Act (Public Law 111–11) 
and the Stipulation of Settlement (Natural Re-
sources Defense Council, et al. v. Kirk Rodgers, et 
al., Eastern District of California, No. Civ. S–88– 
1658–LKK/GGH), shall be satisfied by the existence 
of a warm water fishery in the San Joaquin River 
below Friant Dam, but upstream of Gravelly Ford. 
(2) DEFINITION OF WARM WATER FISHERY.— 
For the purposes of this section, the term ‘‘warm 
water fishery’’ means a water system that has an 
environment suitable for species of fish other than 
salmon (including all subspecies) and trout (includ-
ing all subspecies). 
(b) REPEAL OF THE SAN JOAQUIN RIVER SETTLE-
MENT.—As of the date of enactment of this section, the 
Secretary of the Interior shall cease any action to imple-
ment the San Joaquin River Restoration Settlement Act 
(subtitle A of title X of Public Law 111–11) and the Stip-
ulation 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). 
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SEC. 314. PROGRAM FOR WATER RESCHEDULING. 
By December 31, 2015, the Secretary of the Interior 
shall develop and implement a program, including resched-
uling guidelines for Shasta and Folsom Reservoirs, to 
allow existing Central Valley Project agricultural water 
service contractors within the Sacramento River Water-
shed, and refuge service and municipal and industrial 
water service contractors within the Sacramento River 
Watershed and the American River Watershed to resched-
ule water, provided for under their Central Valley Project 
contracts, from one year to the next; provided, that the 
program is consistent with existing rescheduling guidelines 
as utilized by the Bureau of Reclamation for rescheduling 
water for Central Valley Project water service contractors 
that are located South of the Delta. 
TITLE IV—CALFED STORAGE 
FEASIBILITY STUDIES 
SEC. 401. STUDIES. 
The Secretary of the Interior, through the Commis-
sioner of Reclamation, shall— 
(1) complete the feasibility studies described in 
clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 
Public Law 108–361 (118 Stat. 1684) and submit 
such studies to the appropriate committees of the 
House of Representatives and the Senate not later 
than December 31, 2015; 
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(2) complete the feasibility study described in 
clause (i)(II) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2016; 
(3) complete a publicly available draft of the 
feasibility study described in clause (ii)(I) of section 
103(d)(1)(A) of Public Law 108–361 and submit 
such study to the appropriate committees of the 
House of Representatives and the Senate not later 
than November 30, 2016; 
(4) complete the feasibility study described in 
clause (ii)(I) of section 103(d)(1)(A) of Public Law 
108–361 and submit such study to the appropriate 
committees of the House of Representatives and the 
Senate not later than November 30, 2017; 
(5) complete the feasibility study described in 
section 103(f)(1)(A) of Public Law 108–361 (118 
Stat. 1694) and submit such study to the appro-
priate Committees of the House of Representatives 
and the Senate not later than December 31, 2017; 
(6) provide a progress report on the status of 
the feasibility studies referred to in paragraphs (1) 
through (3) to the appropriate committees of the 
House of Representatives and the Senate not later 
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120 days after the date on which the vacancy 
occurs. 
‘‘(5) VACANCIES.— 
‘‘(A) IN
GENERAL.—A vacancy on the 
Panel shall be filled in the manner in which the 
original appointment was made and shall be 
subject to any conditions that applied with re-
spect to the original appointment. 
‘‘(B) FILLING UNEXPIRED TERM.—An in-
dividual chosen to fill a vacancy shall be ap-
pointed for the unexpired term of the member 
replaced. 
‘‘(C) EXPIRATION OF TERMS.—The term 
of any member shall not expire before the date 
on which the successor of the member takes of-
fice. 
‘‘(6) REMOVAL.—A member of the Panel may 
be removed from office by the Secretary of the Inte-
rior. 
‘‘(7) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Panel shall not be subject to the requirements 
of the Federal Advisory Committee Act. 
‘‘(8) DUTIES.—The duties of the Advisory 
Board are— 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
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emcdonald on DSK67QTVN1PROD with BILLS