HR 2898 RFS
Project for delivery to State Water Project contrac-
tors to offset losses resulting from the Department’s 
action. 
(c) NOTIFICATION RELATED
TO ENVIRONMENTAL 
PROTECTIONS.—The Secretary of the Interior shall imme-
diately notify the Director of the California Department 
of Fish and Wildlife in writing if the Secretary of the Inte-
rior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with 
this Act reduces environmental protections for any species 
covered by the opinions. 
SEC. 502. AREA OF ORIGIN PROTECTIONS. 
(a) IN GENERAL.—The Secretary of the Interior is 
directed, in the operation of the Central Valley Project, 
to adhere to California’s water rights laws governing water 
rights priorities and to honor water rights senior to those 
held by the United States for operation of the Central Val-
ley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 
19, 1914, as well as water rights and other priorities per-
fected or to be perfected pursuant to California Water 
Code Part 2 of Division 2. Article 1.7 (commencing with 
section 1215 of chapter 1 of part 2 of division 2, sections 
10505, 10505.5, 11128, 11460, 11461, 11462, and 
11463, and sections 12200 to 12220, inclusive). 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(b) DIVERSIONS.—Any action undertaken by the Sec-
retary of the Interior and the Secretary of Commerce pur-
suant to both this Act and section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) that requires 
that diversions from the Sacramento River or the San Joa-
quin River watersheds upstream of the Delta be bypassed 
shall not be undertaken in a manner that alters the water 
rights priorities established by California law. 
(c) ENDANGERED SPECIES ACT.—Nothing in this 
title alters the existing authorities provided to and obliga-
tions placed upon the Federal Government under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
as amended. 
(d) CONTRACTS.—With respect to individuals and en-
tities with water rights on the Sacramento River, the man-
dates of this section may be met, in whole or in part, 
through a contract with the Secretary of the Interior exe-
cuted pursuant to section 14 of Public Law 76–260; 53 
Stat. 1187 (43 U.S.C. 389) that is in conformance with 
the Sacramento River Settlement Contracts renewed by 
the Secretary of the Interior in 2005. 
SEC. 503. NO REDIRECTED ADVERSE IMPACTS. 
(a) IN GENERAL.—The Secretary of the Interior shall 
ensure that, except as otherwise provided for in a water 
service or repayment contract, actions taken in compliance 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
with legal obligations imposed pursuant to or as a result 
of this Act, including such actions under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
and other applicable Federal and State laws, shall not di-
rectly or indirectly— 
(1) result in the involuntary reduction of water 
supply or fiscal impacts to individuals or districts 
who receive water from either the State Water 
Project or the United States under water rights set-
tlement contracts, exchange contracts, water service 
contracts, repayment contracts, or water supply con-
tracts; or 
(2) cause redirected adverse water supply or fis-
cal impacts to those within the Sacramento River 
watershed, the San Joaquin River watershed or the 
State Water Project service area. 
(b) COSTS.—To the extent that costs are incurred 
solely pursuant to or as a result of this Act and would 
not otherwise have been incurred by any entity or public 
or local agency or subdivision of the State of California, 
such costs shall not be borne by any such entity, agency, 
or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR 
AMENDED.—Nothing in this Act shall modify or amend 
the rights and obligations of the parties to any existing— 
(1) water service, repayment, settlement, pur-
chase, or exchange contract with the United States, 
including the obligation to satisfy exchange contracts 
and settlement contracts prior to the allocation of 
any other Central Valley Project water; or 
(2) State Water Project water supply or settle-
ment contract with the State. 
SEC. 504. ALLOCATIONS FOR SACRAMENTO VALLEY CON-
TRACTORS. 
(a) ALLOCATIONS.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and subsection (b), the Secretary of the Interior is 
directed, in the operation of the Central Valley 
Project, to allocate water provided for irrigation pur-
poses to existing Central Valley Project agricultural 
water service contractors within the Sacramento 
River Watershed in compliance with the following: 
(A) Not less than 100 percent of their con-
tract quantities in a ‘‘Wet’’ year. 
(B) Not less than 100 percent of their con-
tract quantities in an ‘‘Above Normal’’ year. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(C) Not less than 100 percent of their con-
tract quantities in a ‘‘Below Normal’’ year that 
is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 
year. 
(D) Not less than 50 percent of their con-
tract quantities in a ‘‘Dry’’ year that is pre-
ceded by a ‘‘Below Normal,’’ an ‘‘Above Nor-
mal,’’ or a ‘‘Wet’’ year. 
(E) In all other years not identified herein, 
the allocation percentage for existing Central 
Valley Project agricultural water service con-
tractors within the Sacramento River Water-
shed shall not be less than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors, 
up to 100 percent; provided, that nothing here-
in shall preclude an allocation to existing Cen-
tral Valley Project agricultural water service 
contractors within the Sacramento River Water-
shed that is greater than twice the allocation 
percentage to south-of-Delta Central Valley 
Project agricultural water service contractors. 
(2) 
CONDITIONS.—The 
Secretary’s 
actions 
under paragraph (a) shall be subject to— 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(A) the priority of individuals or entities 
with Sacramento River water rights, including 
those with Sacramento River Settlement Con-
tracts, that have priority to the diversion and 
use of Sacramento River water over water 
rights held by the United States for operations 
of the Central Valley Project; 
(B) the United States obligation to make 
a substitute supply of water available to the 
San Joaquin River Exchange Contractors; and 
(C) the Secretary’s obligation to make 
water available to managed wetlands pursuant 
to section 3406(d) of the Central Valley Project 
Improvement Act (Public Law 102–575). 
(b) PROTECTION OF MUNICIPAL AND INDUSTRIAL 
SUPPLIES.—Nothing in subsection (a) shall be deemed 
to— 
(1) modify any provision of a water service con-
tract that addresses municipal and industrial water 
shortage policies of the Secretary; 
(2) affect or limit the authority of the Secretary 
to adopt or modify municipal and industrial water 
shortage policies; 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(3) affect or limit the authority of the Secretary 
to implement municipal and industrial water short-
age policies; or 
(4) affect allocations to Central Valley Project 
municipal and industrial contractors pursuant to 
such policies. 
Neither subsection (a) nor the Secretary’s implementation 
of subsection (a) shall constrain, govern or affect, directly, 
the operations of the Central Valley Project’s American 
River Division or any deliveries from that Division, its 
units or facilities. 
(c) NO EFFECT
ON ALLOCATIONS.—This section 
shall not— 
(1) affect the allocation of water to Friant Divi-
sion contractors; or 
(2) result in the involuntary reduction in con-
tract water allocations to individuals or entities with 
contracts to receive water from the Friant Division. 
(d) PROGRAM
FOR WATER RESCHEDULING.—The 
Secretary of the Interior shall develop and implement a 
program, not later than 1 year after the date of the enact-
ment of this Act, to provide for the opportunity for exist-
ing Central Valley Project agricultural water service con-
tractors within the Sacramento River Watershed to re-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
schedule water, provided for under their Central Valley 
Project water service contracts, from one year to the next. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘existing Central Valley Project 
agricultural water service contractors within the 
Sacramento River Watershed’’ means water service 
contractors within the Shasta, Trinity, and Sac-
ramento River Divisions of the Central Valley 
Project, that have a water service contract in effect, 
on the date of the enactment of this section, that 
provides water for irrigation. 
(2) The year type terms used in subsection (a) 
have the meaning given those year types in the Sac-
ramento Valley Water Year Type (40–30–30) Index. 
SEC. 505. EFFECT ON EXISTING OBLIGATIONS. 
Nothing in this Act preempts or modifies any existing 
obligation of the United States under Federal reclamation 
law to operate the Central Valley Project in conformity 
with State law, including established water rights prior-
ities. 
TITLE VI—MISCELLANEOUS 
SEC. 601. AUTHORIZED SERVICE AREA. 
(a) IN GENERAL.—The authorized service area of the 
Central Valley Project authorized under the Central Valley 
Project Improvement Act (Public Law 102–575; 106 Stat. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
4706) shall include the area within the boundaries of the 
Kettleman City Community Services District, California, 
as in existence on the date of enactment of this Act. 
(b) LONG-TERM CONTRACT.— 
(1) IN GENERAL.—Notwithstanding the Central 
Valley Project Improvement Act (Public Law 102– 
575; 106 Stat. 4706) and subject to paragraph (2), 
the Secretary of the Interior, in accordance with the 
Federal reclamation laws, shall enter into a long- 
term contract with the Kettleman City Community 
Services District, California, under terms and condi-
tions mutually agreeable to the parties, for the deliv-
ery of up to 900 acre-feet of Central Valley Project 
water for municipal and industrial use. 
(2) LIMITATION.—Central Valley Project water 
deliveries authorized under the contract entered into 
under paragraph (1) shall be limited to the minimal 
quantity necessary to meet the immediate needs of 
the Kettleman City Community Services District, 
California, in the event that local supplies or State 
Water Project allocations are insufficient to meet 
those needs. 
(c) PERMIT.—The Secretary shall apply for a permit 
with the State for a joint place of use for water deliveries 
authorized under the contract entered into under sub-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
section (b) with respect to the expanded service area under 
subsection (a), consistent with State law. 
(d) ADDITIONAL COSTS.—If any additional infra-
structure, water treatment, or related costs are needed to 
implement this section, those costs shall be the responsi-
bility of the non-Federal entity. 
SEC. 602. OVERSIGHT BOARD FOR RESTORATION FUND. 
(a) PLAN; ADVISORY BOARD.—Section 3407 of the 
Central Valley Project Improvement Act (Public Law 
102–575; 106 Stat. 4726) is amended by adding at the 
end the following: 
‘‘(g) PLAN ON EXPENDITURE OF FUNDS.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
Secretary, in consultation with the Advisory Board, 
shall submit to Congress a plan for the expenditure 
of all of the funds deposited into the Restoration 
Fund during the preceding fiscal year. 
‘‘(2) CONTENTS.—The plan shall include an 
analysis of the cost-effectiveness of each expenditure. 
‘‘(h) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established 
the Restoration Fund Advisory Board (referred to in 
this section as the ‘Advisory Board’), which shall be 
composed of 11 members appointed by the Sec-
retary. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
appoint members to the Advisory Board that 
represent the various Central Valley Project 
stakeholders, of whom— 
‘‘(i) 4 members shall be agricultural 
users of the Central Valley Project, includ-
ing at least one agricultural user from 
north-of-the-Delta and one agricultural 
user from south-of-the-Delta; 
‘‘(ii) 2 members shall be municipal 
and industrial users of the Central Valley 
Project, including one municipal and in-
dustrial user from north-of-the-Delta and 
one municipal and industrial user from 
south-of-the-Delta; 
‘‘(iii) 2 members shall be power con-
tractors of the Central Valley Project, in-
cluding at least one power contractor from 
north-of-the-Delta and from south-of-the- 
Delta; 
‘‘(iv) 1 member shall be a representa-
tive of a Federal national wildlife refuge 
that contracts for Central Valley Project 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
water supplies with the Bureau of Rec-
lamation; 
‘‘(v) 1 member shall have expertise in 
the economic impacts of the changes to 
water operations; and 
‘‘(vi) 1 member shall be a representa-
tive of a wildlife entity that primarily fo-
cuses on waterfowl. 
‘‘(B) OBSERVER.—The Secretary and the 
Secretary of Commerce may each designate a 
representative to act as an observer of the Advi-
sory Board. 
‘‘(C) CHAIR.—The Secretary shall appoint 
1 of the members described in subparagraph 
(A) to serve as Chair of the Advisory Board. 
‘‘(3) TERMS.—The term of each member of the 
Advisory Board shall be 4 years. 
‘‘(4) DATE OF APPOINTMENTS.—The appoint-
ment of a member of the Panel shall be made not 
later than— 
‘‘(A) the date that is 120 days after the 
date of enactment of this Act; or 
‘‘(B) in the case of a vacancy on the Panel 
described in subsection (c)(2), the date that is 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
‘‘(A) to meet not less frequently than semi-
annually to develop and make recommendations 
to the Secretary regarding priorities and spend-
ing levels on projects and programs carried out 
under this title; 
‘‘(B) to ensure that any advice given or 
recommendation made by the Advisory Board 
reflects the independent judgment of the Advi-
sory Board; 
‘‘(C) not later than December 31, 2015, 
and annually thereafter, to submit to the Sec-
retary and Congress the recommendations 
under subparagraph (A); and 
‘‘(D) not later than December 31, 2015, 
and biennially thereafter, to submit to Congress 
details of the progress made in achieving the 
actions required under section 3406. 
‘‘(9) ADMINISTRATION.—With the consent of 
the appropriate agency head, the Advisory Board 
may use the facilities and services of any Federal 
agency. 
‘‘(10) COOPERATION AND ASSISTANCE.— 
‘‘(A) PROVISION OF INFORMATION.—Upon 
request of the Panel Chair for information or 
assistance to facilitate carrying out this section, 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
the Secretary of the Interior shall promptly pro-
vide such information, unless otherwise prohib-
ited by law. 
‘‘(B) SPACE AND ASSISTANCE.—The Sec-
retary of the Interior shall provide the Panel 
with appropriate and adequate office space, to-
gether with such equipment, office supplies, and 
communications facilities and services as may 
be necessary for the operation of the Panel, and 
shall provide necessary maintenance services for 
such offices and the equipment and facilities lo-
cated therein.’’. 
SEC. 603. WATER SUPPLY ACCOUNTING. 
(a) IN GENERAL.—All Central Valley Project water, 
except Central Valley Project water released pursuant to 
U.S. Department of the Interior Record of Decision, Trin-
ity River Mainstem Fishery Restoration Final Environ-
mental Impact Statement/Environmental Impact Report 
dated December 2000 used to implement an action under-
taken for a fishery beneficial purpose that was not im-
posed by terms and conditions existing in licenses, per-
mits, and other agreements pertaining to the Central Val-
ley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of 
Central Valley Project yield dedicated and managed under 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
this section; provided, that nothing herein shall affect the 
Secretary of the Interior’s duty to comply with any other-
wise lawful requirement imposed on operations of the Cen-
tral Valley Project under any provision of Federal or State 
law. 
(b) RECLAMATION POLICIES AND ALLOCATIONS.— 
Reclamation policies and allocations shall not be based 
upon any premise or assumption that Central Valley 
Project contract supplies are supplemental or secondary 
to any other contractor source of supply. 
SEC. 604. IMPLEMENTATION OF WATER REPLACEMENT 
PLAN. 
(a) IN GENERAL.—Not later than October 1, 2016, 
the Secretary of the Interior shall update and implement 
the plan required by section 3408(j) of title XXXIV of 
Public Law 102–575. The Secretary shall notify the Con-
gress annually describing the progress of implementing 
the plan required by section 3408(j) of title XXXIV of 
Public Law 102–575. 
(b) POTENTIAL AMENDMENT.—If the plan required 
in subsection (a) has not increased the Central Valley 
Project yield by 800,000 acre-feet within 5 years after the 
enactment of this Act, then section 3406 of the Central 
Valley Project Improvement Act (title XXXIV of Public 
Law 102–575) is amended as follows: 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(1) In subsection (b)— 
(A) by amending paragraph (2)(C) to read: 
‘‘(C) If by March 15, 2021, and any year 
thereafter the quantity of Central Valley 
Project water forecasted to be made available to 
all water service or repayment contractors of 
the Central Valley Project is below 50 percent 
of the total quantity of water to be made avail-
able under said contracts, the quantity of Cen-
tral Valley Project yield dedicated and managed 
for that year under this paragraph shall be re-
duced by 25 percent.’’. 
SEC. 605. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 
After the date of the enactment of this title, and re-
gardless of the date of listing, the Secretaries of the Inte-
rior and Commerce shall not distinguish between natural- 
spawned and hatchery-spawned or otherwise artificially 
propagated strains of a species in making any determina-
tion under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that relates to any anadromous or 
pelagic fish species that resides for all or a portion of its 
life in the Sacramento-San Joaquin Delta or rivers tribu-
tary thereto. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL 
VALLEY 
PROJECT 
TO 
INTERESTED 
PRO-
VIDERS. 
(a) DEFINITIONS.—For the purposes of this section, 
the following terms apply: 
(1) INTERESTED
LOCAL
WATER
AND
POWER 
PROVIDERS.—The term ‘‘interested local water and 
power providers’’ includes the Calaveras County 
Water District, Calaveras Public Power Agency, 
Central San Joaquin Water Conservation District, 
Oakdale Irrigation District, Stockton East Water 
District, South San Joaquin Irrigation District, 
Tuolumne Utilities District, Tuolumne Public Power 
Agency, and Union Public Utilities District. 
(2) NEW
MELONES
UNIT, CENTRAL
VALLEY 
PROJECT.—The term ‘‘New Melones Unit, Central 
Valley Project’’ means all Federal reclamation 
projects located within or diverting water from or to 
the watershed of the Stanislaus and San Joaquin 
rivers and their tributaries as authorized by the Act 
of August 26, 1937 (50 Stat. 850), and all Acts 
amendatory or supplemental thereto, including the 
Act of October 23, 1962 (76 Stat. 1173). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(b) NEGOTIATIONS.—Notwithstanding any other pro-
vision of law, not later than 180 days after the date of 
the enactment of this Act, the Secretary shall enter into 
negotiations with interested local water and power pro-
viders for the transfer ownership, control, and operation 
of the New Melones Unit, Central Valley Project to inter-
ested local water and power providers within the State of 
California. 
(c) TRANSFER.—The Secretary shall transfer the 
New Melones Unit, Central Valley Project in accordance 
with an agreement reached pursuant to negotiations con-
ducted under subsection (b). 
(d) NOTIFICATION.—Not later than 360 days after 
the date of the enactment of this Act, and every 6 months 
thereafter, the Secretary shall notify the appropriate com-
mittees of the House of Representatives and the Senate— 
(1) if an agreement is reached pursuant to ne-
gotiations conducted under subsection (b), the terms 
of that agreement; 
(2) of the status of formal discussions with in-
terested local water and power providers for the 
transfer of ownership, control, and operation of the 
New Melones Unit, Central Valley Project to inter-
ested local water and power providers; 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(3) of all unresolved issues that are preventing 
execution of an agreement for the transfer of owner-
ship, control, and operation of the New Melones 
Unit, Central Valley Project to interested local water 
and power providers; 
(4) on analysis and review of studies, reports, 
discussions, hearing transcripts, negotiations, and 
other information about past and present formal dis-
cussions that— 
(A) have a serious impact on the progress 
of the formal discussions; 
(B) explain or provide information about 
the issues that prevent progress or finalization 
of formal discussions; or 
(C) are, in whole or in part, preventing 
execution of an agreement for the transfer; and 
(5) of any actions the Secretary recommends 
that the United States should take to finalize an 
agreement for that transfer. 
SEC. 607. BASIN STUDIES. 
(a) AUTHORIZED STUDIES.—The Secretary of the In-
terior is authorized and directed to expand opportunities 
and expedite completion of assessments under section 
9503(b) of the SECURE Water Act (42 U.S.C. 
10363(b)), with non-Federal partners, of individual sub- 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
basins and watersheds within major Reclamation river ba-
sins; and shall ensure timely decision and expedited imple-
mentation of adaptation and mitigation strategies devel-
oped through the special study process. 
(b) FUNDING.— 
(1) IN
GENERAL.—The non-Federal partners 
shall be responsible for 100 percent of the cost of 
the special studies. 
(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and use contributions of funds from the non- 
Federal partners to carry out activities under the 
special studies. 
SEC. 608. OPERATIONS OF THE TRINITY RIVER DIVISION. 
The Secretary of the Interior, in the operation of the 
Trinity River Division of the Central Valley Project, shall 
not make releases from Lewiston Dam in excess of the 
volume for each water-year type required by the U.S. De-
partment of the Interior Record of Decision, Trinity River 
Mainstem Fishery Restoration Final Environmental Im-
pact Statement/Environmental Impact Report dated De-
cember 2000. 
(1) A maximum of 369,000 acre-feet in a 
‘‘Critically Dry’’ year. 
(2) A maximum of 453,000 acre-feet in a 
‘‘Dry’’ year. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(3) A maximum of 647,000 acre-feet in a ‘‘Nor-
mal’’ year. 
(4) A maximum of 701,000 acre-feet in a 
‘‘Wet’’ year. 
(5) A maximum of 815,000 acre-feet in an 
‘‘Extremely Wet’’ year. 
SEC. 609. AMENDMENT TO PURPOSES. 
Section 3402 of the Central Valley Project Improve-
ment Act (106 Stat. 4706) is amended— 
(1) in subsection (f), by striking the period at 
the end; and 
(2) by adding at the end the following: 
‘‘(g) to ensure that water dedicated to fish and wild-
life purposes by this title is replaced and provided to Cen-
tral Valley Project water contractors by December 31, 
2018, at the lowest cost reasonably achievable; and 
‘‘(h) to facilitate and expedite water transfers in ac-
cordance with this Act.’’. 
SEC. 610. AMENDMENT TO DEFINITION. 
Section 3403 of the Central Valley Project Improve-
ment Act (106 Stat. 4707) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) the term ‘anadromous fish’ means those native 
stocks of salmon (including steelhead) and sturgeon that, 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
as of October 30, 1992, were present in the Sacramento 
and San Joaquin Rivers and their tributaries and ascend 
those rivers and their tributaries to reproduce after matur-
ing in San Francisco Bay or the Pacific Ocean;’’; 
(2) in subsection (l), by striking ‘‘and,’’; 
(3) in subsection (m), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(n) the term ‘reasonable flow’ means water flows ca-
pable of being maintained taking into account competing 
consumptive uses of water and economic, environmental, 
and social factors.’’. 
SEC. 611. REPORT ON RESULTS OF WATER USAGE. 
The Secretary of the Interior, in consultation with the 
Secretary of Commerce and the Secretary of Natural Re-
sources of the State of California, shall publish an annual 
report detailing instream flow releases from the Central 
Valley Project and California State Water Project, their 
explicit purpose and authority, and all measured environ-
mental benefit as a result of the releases. 
SEC. 612. KLAMATH PROJECT CONSULTATION APPLICANTS. 
If the Bureau of Reclamation 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 Endangered Species Act of 1973 (16 U.S.C. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
1536(a)(2)), with respect to construction or operation of 
the Klamath Project (or any part thereof), Klamath 
Project contractors shall be accorded all the rights and 
responsibilities extended to applicants in the consultation 
process. Upon request of the Klamath Project contractors, 
they may be represented through an association or organi-
zation. 
TITLE VII—WATER SUPPLY 
PERMITTING ACT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Water Supply Permit-
ting Coordination Act’’. 
SEC. 702. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(3) QUALIFYING PROJECTS.—The term ‘‘quali-
fying projects’’ means new surface water storage 
projects in the States covered under the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts 
supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.) constructed on lands adminis-
tered by the Department of the Interior or the De-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
partment of Agriculture, exclusive of any easement, 
right-of-way, lease, or any private holding. 
(4) COOPERATING AGENCIES.—The term ‘‘co-
operating agency’’ means a Federal agency with ju-
risdiction over a review, analysis, opinion, statement, 
permit, license, or other approval or decision re-
quired for a qualifying project under applicable Fed-
eral laws and regulations, or a State agency subject 
to section 703(c). 
SEC. 703. ESTABLISHMENT OF LEAD AGENCY AND COOPER-
ATING AGENCIES. 
(a) ESTABLISHMENT OF LEAD AGENCY.—The Bu-
reau of Reclamation is established as the lead agency for 
purposes of coordinating all reviews, analyses, opinions, 
statements, permits, licenses, or other approvals or deci-
sions required under Federal law to construct qualifying 
projects. 
(b) IDENTIFICATION AND ESTABLISHMENT OF CO-
OPERATING AGENCIES.—The Commissioner of the Bureau 
shall— 
(1) identify, as early as practicable upon receipt 
of an application for a qualifying project, any Fed-
eral agency that may have jurisdiction over a review, 
analysis, opinion, statement, permit, license, ap-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
proval, or decision required for a qualifying project 
under applicable Federal laws and regulations; and 
(2) notify any such agency, within a reasonable 
timeframe, that the agency has been designated as 
a cooperating agency in regards to the qualifying 
project unless that agency responds to the Bureau in 
writing, within a timeframe set forth by the Bureau, 
notifying the Bureau that the agency— 
(A) has no jurisdiction or authority with 
respect to the qualifying project; 
(B) has no expertise or information rel-
evant to the qualifying project or any review, 
analysis, opinion, statement, permit, license, or 
other approval or decision associated therewith; 
or 
(C) does not intend to submit comments 
on the qualifying project or conduct any review 
of such a project or make any decision with re-
spect to such project in a manner other than in 
cooperation with the Bureau. 
(c) STATE AUTHORITY.—A State in which a quali-
fying project is being considered may choose, consistent 
with State law— 
(1) to participate as a cooperating agency; and 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(2) to make subject to the processes of this title 
all State agencies that— 
(A) have jurisdiction over the qualifying 
project; 
(B) are required to conduct or issue a re-
view, analysis, or opinion for the qualifying 
project; or 
(C) are required to make a determination 
on issuing a permit, license, or approval for the 
qualifying project. 
SEC. 704. BUREAU RESPONSIBILITIES. 
(a) IN GENERAL.—The principal responsibilities of 
the Bureau under this title are to— 
(1) serve as the point of contact for applicants, 
State agencies, Indian tribes, and others regarding 
proposed qualifying projects; 
(2) coordinate preparation of unified environ-
mental documentation that will serve as the basis for 
all Federal decisions necessary to authorize the use 
of Federal lands for qualifying projects; and 
(3) coordinate all Federal agency reviews nec-
essary for project development and construction of 
qualifying projects. 
(b) COORDINATION PROCESS.—The Bureau shall 
have the following coordination responsibilities: 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(1) PRE-APPLICATION COORDINATION.—Notify 
cooperating agencies of proposed qualifying projects 
not later than 30 days after receipt of a proposal 
and facilitate a preapplication meeting for prospec-
tive applicants, relevant Federal and State agencies, 
and Indian tribes to— 
(A) explain applicable processes, data re-
quirements, and applicant submissions nec-
essary to complete the required Federal agency 
reviews within the timeframe established; and 
(B) establish the schedule for the quali-
fying project. 
(2) CONSULTATION WITH COOPERATING AGEN-
CIES.—Consult 
with 
the 
cooperating 
agencies 
throughout the Federal agency review process, iden-
tify and obtain relevant data in a timely manner, 
and set necessary deadlines for cooperating agencies. 
(3) SCHEDULE.—Work with the qualifying 
project applicant and cooperating agencies to estab-
lish a project schedule. In establishing the schedule, 
the Bureau shall consider, among other factors— 
(A) the responsibilities of cooperating 
agencies under applicable laws and regulations; 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
100 
HR 2898 RFS
(B) the resources available to the cooper-
ating agencies and the non-Federal qualifying 
project sponsor, as applicable; 
(C) the overall size and complexity of the 
qualifying project; 
(D) the overall schedule for and cost of the 
qualifying project; and 
(E) the sensitivity of the natural and his-
toric resources that may be affected by the 
qualifying project. 
(4) ENVIRONMENTAL COMPLIANCE.—Prepare a 
unified environmental review document for each 
qualifying project application, incorporating a single 
environmental record on which all cooperating agen-
cies with authority to issue approvals for a given 
qualifying project shall base project approval deci-
sions. Help ensure that cooperating agencies make 
necessary decisions, within their respective authori-
ties, regarding Federal approvals in accordance with 
the following timelines: 
(A) Not later than one year after accept-
ance of a completed project application when an 
environmental assessment and finding of no sig-
nificant impact is determined to be the appro-
priate level of review under the National Envi-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
101 
HR 2898 RFS
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(B) Not later than one year and 30 days 
after the close of the public comment period for 
a draft environmental impact statement under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), when an environ-
mental impact statement is required under the 
same. 
(5) 
CONSOLIDATED
ADMINISTRATIVE 
RECORD.—Maintain a consolidated administrative 
record of the information assembled and used by the 
cooperating agencies as the basis for agency deci-
sions. 
(6) PROJECT DATA RECORDS.—To the extent 
practicable and consistent with Federal law, ensure 
that all project data is submitted and maintained in 
generally accessible electronic format, compile, and 
where authorized under existing law, make available 
such project data to cooperating agencies, the quali-
fying project applicant, and to the public. 
(7) PROJECT
MANAGER.—Appoint a project 
manager for each qualifying project. The project 
manager shall have authority to oversee the project 
and to facilitate the issuance of the relevant final 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
102 
HR 2898 RFS
authorizing documents, and shall be responsible for 
ensuring fulfillment of all Bureau responsibilities set 
forth in this section and all cooperating agency re-
sponsibilities under section 705. 
SEC. 705. COOPERATING AGENCY RESPONSIBILITIES. 
(a) ADHERENCE TO BUREAU SCHEDULE.—Upon no-
tification of an application for a qualifying project, all co-
operating agencies shall submit to the Bureau a timeframe 
under which the cooperating agency reasonably considers 
it will be able to complete its authorizing responsibilities. 
The Bureau shall use the timeframe submitted under this 
subsection to establish the project schedule under section 
704, and the cooperating agencies shall adhere to the 
project schedule established by the Bureau. 
(b) ENVIRONMENTAL RECORD.—Cooperating agen-
cies shall submit to the Bureau all environmental review 
material produced or compiled in the course of carrying 
out activities required under Federal law consistent with 
the project schedule established by the Bureau. 
(c) DATA SUBMISSION.—To the extent practicable 
and consistent with Federal law, the cooperating agencies 
shall submit all relevant project data to the Bureau in a 
generally accessible electronic format subject to the project 
schedule set forth by the Bureau. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
103 
HR 2898 RFS
SEC. 706. FUNDING TO PROCESS PERMITS. 
(a) IN GENERAL.—The Secretary, after public notice 
in accordance with the Administrative Procedures Act (5 
U.S.C. 553), may accept and expend funds contributed by 
a non-Federal public entity to expedite the evaluation of 
a permit of that entity related to a qualifying project. 
(b) EFFECT ON PERMITTING.— 
(1) IN GENERAL.—In carrying out this section, 
the Secretary shall ensure that the use of funds ac-
cepted under subsection (a) will not impact impartial 
decisionmaking with respect to permits, either sub-
stantively or procedurally. 
(2) EVALUATION OF PERMITS.—In carrying out 
this section, the Secretary shall ensure that the eval-
uation of permits carried out using funds accepted 
under this section shall— 
(A) be reviewed by the Regional Director 
of the Bureau, or the Regional Director’s des-
ignee, of the region in which the qualifying 
project or activity is located; and 
(B) use the same procedures for decisions 
that would otherwise be required for the evalua-
tion of permits for similar projects or activities 
not carried out using funds authorized under 
this section. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS