I
103D CONGRESS
1ST SESSION
H. R. 2963
To authorize the Secretary of the Interior to cooperate and assist in environ-
mental and other studies and to execute and implement a contract
for the design, construction, operation, and maintenance of facilities
in the South Delta, California, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. LEHMAN (for himself, Mr. POMBO, and Mr. CONDIT) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To authorize the Secretary of the Interior to cooperate and
assist in environmental and other studies and to execute
and implement a contract for the design, construction,
operation, and maintenance of facilities in the South
Delta, California, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION.
Subject to section 2 and in accordance with the provi-
sions of this Act, the Secretary of the Interior is author-
ized and directed to execute and implement the ‘‘Contract
Among the United States Bureau of Reclamation, the
California Department of Water Resources, and the South
Delta Water Agency’’ dated August 28, 1990 (hereafter
in this Act referred to as the ‘‘contract’’).
SEC. 2. IMPLEMENTATION OF THE CONTRACT.
(a) CONDITIONS.—The Secretary of the Interior
(hereafter in this Act referred to as the ‘‘Secretary’’) may
not implement the construction of permanent barriers pur-
suant to the contract until after the following:
(1) ENVIRONMENTAL STUDIES.—A final envi-
ronmental impact statement and environmental im-
pact report is prepared pursuant to the provisions of
the National Environmental Policy Act of 1969 and
the California Environmental Quality Act and is cer-
tified by the appropriate lead agencies, and, if nec-
essary, the permanent barriers are modified or the
contract amended to address issues identified as
part of the environmental review process.
(2) TESTING PROGRAM.—Notwithstanding any
other provision of the contract, the testing program
called for in the contract is continued for a period
determined by the Secretary to be sufficient to es-
tablish, from analysis of the testing data, that the
South Delta barrier facilities are likely to have the
desired water level, circulation, and quality results
anticipated at the time the contract was negotiated.
(b) APPLICABLE LAWS; MONITORING PROGRAM.—
Construction, operation, and maintenance of the tem-
porary South Delta barrier facilities associated with the
testing program referred to in subsection (a)(2) shall be
in accordance with all applicable laws and regulations. The
Secretary shall develop an environmental monitoring pro-
gram with the assistance of and in coordination with the
California Department of Fish and Game, the California
Department of Water Resources, the United States Fish
and Wildlife Service, and the National Marine Fisheries
Service, which shall be in place during construction, oper-
ation, and maintenance of the temporary barrier facilities.
(c) INTERIM FLOWS.—The interim water flows pro-
vided for in the contract shall not limit any existing or
future obligation of the Secretary to provide additional
instream flow releases from New Melones Reservoir for
fish and wildlife purposes or other environmental pur-
poses. This subsection does not create any new or addi-
tional authority that is or may otherwise be provided
under applicable law. To the extent possible, water flows
provided under the contract and for fishery purposes shall
be released on a schedule which maximizes the efficiency
of use of water allocated for water quality and fishery ben-
efits and shall be made in coordination with the California
Department of Fish and Game.
(d) COMPATIBILITY WITH OLD RIVER BARRIER.—
The Secretary shall determine whether the barrier at the
head of the Old River in the Sacramento/San Joaquin
Delta, authorized in section 3406(b)(15) of the Central
Valley Project Improvement Act (106 Stat. 4719), can be
constructed and operated in a manner compatible with the
South Delta barriers called for in the contract and wheth-
er the barrier facilities in the contract are likely to have
the desired water level, circulation, and quality results an-
ticipated at the time the contract was negotiated.
(e) CONTRACT AMENDMENTS.—
(1) REQUIRED
BY
ENVIRONMENTAL
ANALY-
SIS.—If necessary, the contract shall be amended to
incorporate the changes required by the results from
the environmental and other studies and testing re-
ferred to in this section. Any such amendment shall
not increase the payment obligations of the South
Delta Water Agency.
(2) SAN JOAQUIN RIVER WATER QUANTITY AND
QUALITY.—In negotiating the contract amendment
in accordance with Article 4.b. of the contract, the
Secretary shall consider—
(A) the activities and recommendations of
other programs for the improvement of flows
and reduction of salinity and toxic trace ele-
ment discharges and concentrations in the San
Joaquin River Basin for fish and wildlife and
other purposes and for the attainment of all ap-
plicable water quality standards, including
nondegradation requirements; and
(B) recommendations contained in the
final report of the San Joaquin Valley Drainage
Program dated September 1990.
(3) MINIMIZED
ALTERATION
OF
ACTIVITIES
AND RECOMMENDATIONS.—The Secretary shall at-
tempt to minimize any necessary alteration required
by the contract amendment of the activities and rec-
ommendations referred to in paragraph (2).
SEC. 3. COSTS.
(a) ALLOCATION.—
(1) IN GENERAL.—Except as provided by sub-
section (b), the costs of implementing the contract
authorized by section 1 shall be allocated among the
United States, the California Department of Water
Resources, and the South Delta Water Agency in ac-
cordance with the provisions of Article 6 of the con-
tract.
(2) LIMITATION ON EXPENDITURES BY UNITED
STATES.—In no event shall expenditures made by
the United States for construction exceed 50 percent