I 
114TH CONGRESS 
1ST SESSION H. R. 2898 
To provide drought relief in the State of California, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2015 
Mr. VALADAO (for himself, Mr. MCCARTHY, Mr. CALVERT, Mr. NUNES, Mr. 
LAMALFA, Mr. DENHAM, Mr. MCCLINTOCK, Mr. JOYCE, Mr. DIAZ- 
BALART, Mr. STEWART, Mr. SIMPSON, Mr. KNIGHT, Mr. COOK, Mr. 
RODNEY DAVIS of Illinois, Mrs. MIMI WALTERS of California, Mr. ROHR-
ABACHER, Mr. HUNTER, Mr. ROYCE, Mr. ISSA, Mr. ZINKE, Mr. COSTA, 
Mr. AMODEI, Mr. HARDY, Mr. TIPTON, Mr. NEWHOUSE, and Mrs. LUM-
MIS) introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committee on Agriculture, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To provide drought relief in the State of 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. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Western Water and American Food Security Act of 
2015’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ADJUSTING DELTA SMELT MANAGEMENT BASED ON 
INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 
Sec. 101. Definitions. 
Sec. 102. Revise incidental take level calculation for delta smelt to reflect new 
science. 
Sec. 103. Factoring increased real-time monitoring and updated science into 
Delta smelt management. 
TITLE II—ENSURING SALMONID MANAGEMENT IS RESPONSIVE 
TO NEW SCIENCE 
Sec. 201. Definitions. 
Sec. 202. Process for ensuring salmonid management is responsive to new 
science. 
Sec. 203. Non-Federal program to protect native anadromous fish in the 
Stanislaus River. 
TITLE III—OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF 
Sec. 301. Definitions. 
Sec. 302. Operational flexibility in times of drought. 
Sec. 303. Operation of cross-channel gates. 
Sec. 304. Flexibility for export/inflow ratio. 
Sec. 305. Emergency environmental reviews. 
Sec. 306. Increased flexibility for regular project operations. 
Sec. 307. Temporary operational flexibility for first few storms of the water 
year. 
Sec. 308. Expediting water transfers. 
Sec. 309. Additional emergency consultation. 
Sec. 310. Additional storage at New Melones. 
Sec. 311. Regarding the operation of Folsom Reservoir. 
Sec. 312. Applicants. 
Sec. 313. San Joaquin River settlement. 
Sec. 314. Program for water rescheduling. 
TITLE IV—CALFED STORAGE FEASIBILITY STUDIES 
Sec. 401. Studies. 
Sec. 402. Temperance Flat. 
Sec. 403. CALFED storage accountability. 
Sec. 404. Water storage project construction. 
TITLE V—WATER RIGHTS PROTECTIONS 
Sec. 501. Protection for State Water Project contractors. 
Sec. 502. Area of origin protections. 
Sec. 503. No redirected adverse impacts. 
Sec. 504. Allocations for Sacramento Valley contractors. 
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Sec. 505. Effect on existing obligations. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Authorized service area. 
Sec. 602. Oversight board for Restoration Fund. 
Sec. 603. Water supply accounting. 
Sec. 604. Implementation of water replacement plan. 
Sec. 605. Natural and artificially spawned species. 
Sec. 606. Transfer the New Melones Unit, Central Valley Project to interested 
providers. 
Sec. 607. Basin studies. 
Sec. 608. Operations of the Trinity River Division. 
Sec. 609. Amendment to purposes. 
Sec. 610. Amendment to definition. 
TITLE VII—WATER SUPPLY PERMITTING ACT 
Sec. 701. Short title. 
Sec. 702. Definitions. 
Sec. 703. Establishment of lead agency and cooperating agencies. 
Sec. 704. Bureau responsibilities. 
Sec. 705. Cooperating agency responsibilities. 
Sec. 706. Funding to process permits. 
TITLE VIII—BUREAU OF RECLAMATION PROJECT STREAMLINING 
Sec. 801. Short title. 
Sec. 802. Definitions. 
Sec. 803. Acceleration of studies. 
Sec. 804. Expedited completion of reports. 
Sec. 805. Project acceleration. 
Sec. 806. Annual report to Congress. 
TITLE IX—ACCELERATED REVENUE, REPAYMENT, AND SURFACE 
WATER STORAGE ENHANCEMENT 
Sec. 901. Short title. 
Sec. 902. Prepayment of certain repayment contracts between the United 
States and contractors of federally developed water supplies. 
TITLE X—SAFETY OF DAMS 
Sec. 1001. Authorization of additional project benefits. 
TITLE XI—WATER RIGHTS PROTECTION 
Sec. 1101. Short title. 
Sec. 1102. Definition of water right. 
Sec. 1103. Treatment of water rights. 
Sec. 1104. Recognition of State authority. 
Sec. 1105. Effect of title. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
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(1) As established in the Proclamation of a 
State of Emergency issued by the Governor of the 
State on January 17, 2014, the State is experi-
encing record dry conditions. 
(2) Extremely dry conditions have persisted in 
the State since 2012, and the drought conditions are 
likely to persist into the future. 
(3) The water supplies of the State are at 
record-low levels, as indicated by the fact that all 
major Central Valley Project reservoir levels were at 
20–35 percent of capacity as of September 25, 2014. 
(4) The lack of precipitation has been a signifi-
cant contributing factor to the 6,091 fires experi-
enced in the State as of September 15, 2014, and 
which covered nearly 400,000 acres. 
(5) According to a study released by the Uni-
versity of California, Davis in July 2014, the 
drought has led to the fallowing of 428,000 acres of 
farmland, loss of $810 million in crop revenue, loss 
of $203 million in dairy and other livestock value, 
and increased groundwater pumping costs by $454 
million. The statewide economic costs are estimated 
to be $2.2 billion, with over 17,000 seasonal and 
part-time agricultural jobs lost. 
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(6) CVPIA Level II water deliveries to refuges 
have also been reduced by 25 percent in the north 
of Delta region, and by 35 percent in the south of 
Delta region. 
(7) Only one-sixth of the usual acres of rice 
fields are being flooded this fall, which leads to a 
significant decline in habitat for migratory birds and 
an increased risk of disease at the remaining wet-
lands due to overcrowding of such birds. 
(8) The drought of 2013 through 2014 con-
stitutes a serious emergency that poses immediate 
and severe risks to human life and safety and to the 
environment throughout the State. 
(9) The serious emergency described in para-
graph (4) requires— 
(A) immediate and credible action that re-
spects the complexity of the water system of the 
State and the importance of the water system 
to the entire State; and 
(B) policies that do not pit stakeholders 
against one another, which history shows only 
leads to costly litigation that benefits no one 
and prevents any real solutions. 
(10) Data on the difference between water de-
mand and reliable water supplies for various regions 
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of California south of the Delta, including the San 
Joaquin Valley, indicate there is a significant annual 
gap between reliable water supplies to meet agricul-
tural, municipal and industrial, groundwater, and 
refuges water needs within the Delta Division, San 
Luis Unit and Friant Division of the Central Valley 
Project and the State Water Project south of the 
Sacramento-San Joaquin River Delta and the de-
mands of those areas. This gap varies depending on 
the methodology of the analysis performed, but can 
be represented in the following ways: 
(A) For Central Valley Project South-of- 
Delta water service contractors, if it is assumed 
that a water supply deficit is the difference in 
the amount of water available for allocation 
versus the maximum contract quantity, then the 
water supply deficits that have developed from 
1992 to 2014 as a result of legislative and reg-
ulatory changes besides natural variations in 
hydrology during this timeframe range between 
720,000 and 1,100,000 acre-feet. 
(B) For Central Valley Project and State 
Water Project water service contractors south 
of the Delta and north of the Tehachapi moun-
tain range, if it is assumed that a water supply 
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deficit is the difference between reliable water 
supplies, including maximum water contract de-
liveries, safe yield of groundwater, safe yield of 
local and surface supplies and long-term con-
tracted water transfers, and water demands, in-
cluding water demands from agriculture, munic-
ipal and industrial and refuge contractors, then 
the water supply deficit ranges between ap-
proximately 2,500,000 to 2,700,000 acre-feet. 
(11) Data of pumping activities at the Central 
Valley Project and State Water Project delta pumps 
identifies that, on average from Water Year 2009 to 
Water Year 2014, take of Delta smelt is 80 percent 
less than allowable take levels under the biological 
opinion issued December 15, 2008. 
(12) Data of field sampling activities of the 
Interagency Ecological Program located in the Sac-
ramento-San Joaquin Estuary identifies that, on av-
erage from 2005 to 2013, the program ‘‘takes’’ 
3,500 delta smelt during annual surveys with an au-
thorized ‘‘take’’ level of 33,480 delta smelt annu-
ally—according to the biological opinion issued De-
cember 9, 1997. 
(13) In 2015, better information exists than 
was known in 2008 concerning conditions and oper-
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ations that may or may not lead to high salvage 
events that jeopardize the fish populations, and what 
alternative management actions can be taken to 
avoid jeopardy. 
(14) Alternative management strategies, remov-
ing non-native species, enhancing habitat, moni-
toring fish movement and location in real-time, and 
improving water quality in the Delta can contribute 
significantly to protecting and recovering these en-
dangered fish species, and at potentially lower costs 
to water supplies. 
(15) Resolution of fundamental policy questions 
concerning the extent to which application of the 
Endangered Species Act of 1973 affects the oper-
ation of the Central Valley Project and State Water 
Project is the responsibility of Congress. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DELTA.—The term ‘‘Delta’’ means the Sac-
ramento-San Joaquin Delta and the Suisun Marsh, 
as defined in sections 12220 and 29101 of the Cali-
fornia Public Resources Code. 
(2) EXPORT PUMPING RATES.—The term ‘‘ex-
port pumping rates’’ means the rates of pumping at 
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the C.W. ‘‘Bill’’ Jones Pumping Plant and the Har-
vey O. Banks Pumping Plant, in the southern Delta. 
(3) LISTED FISH SPECIES.—The term ‘‘listed 
fish species’’ means listed salmonid species and the 
Delta smelt. 
(4) LISTED
SALMONID
SPECIES.—The term 
‘‘listed salmonid species’’ means natural origin 
steelhead, natural origin genetic spring run Chinook, 
and genetic winter run Chinook salmon including 
hatchery steelhead or salmon populations within the 
evolutionary significant unit (ESU) or distinct popu-
lation segment (DPS). 
(5) NEGATIVE
IMPACT
ON
THE
LONG-TERM 
SURVIVAL.—The term ‘‘negative impact on the long- 
term survival’’ means to reduce appreciably the like-
lihood of the survival of a listed species in the wild 
by reducing the reproduction, numbers, or distribu-
tion of that species. 
(6) OMR.—The term ‘‘OMR’’ means the Old 
and Middle River in the Delta. 
(7) OMR FLOW OF ¥5,000 CUBIC FEET PER 
SECOND.—The term ‘‘OMR flow of ¥5,000 cubic 
feet per second’’ means Old and Middle River flow 
of negative 5,000 cubic feet per second as described 
in— 
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(2) DELTA SMELT.—The term ‘‘Delta smelt’’ 
means the fish species with the scientific name 
Hypomesus transpacificus. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
SEC. 102. REVISE INCIDENTAL TAKE LEVEL CALCULATION 
FOR 
DELTA 
SMELT 
TO 
REFLECT 
NEW 
SCIENCE. 
(a) REVIEW AND MODIFICATION.—Not later than 
October 1, 2016, and at least every five years thereafter, 
the Director, in cooperation with other Federal, State, and 
local agencies, shall use the best scientific and commercial 
data available to complete a review and, modify the meth-
od used to calculate the incidental take levels for adult 
and larval/juvenile Delta smelt in the smelt biological opin-
ion that takes into account all life stages, among other 
considerations— 
(1) salvage information collected since at least 
1993; 
(2) updated or more recently developed statis-
tical models; 
(3) updated scientific and commercial data; and 
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(4) the most recent information regarding the 
environmental factors affecting Delta smelt salvage. 
(b) MODIFIED INCIDENTAL TAKE LEVEL.—Unless 
the Director determines in writing that one or more of 
the requirements described in paragraphs (1) through (4) 
are not appropriate, the modified incidental take level de-
scribed in subsection (a) shall— 
(1) be normalized for the abundance of 
prespawning adult Delta smelt using the Fall 
Midwater Trawl Index or other index; 
(2) be based on a simulation of the salvage that 
would have occurred from 1993 through 2012 if 
OMR flow has been consistent with the smelt bio-
logical opinions; 
(3) base the simulation on a correlation between 
annual salvage rates and historic water clarity and 
OMR flow during the adult salvage period; and 
(4) set the incidental take level as the 80 per-
cent upper prediction interval derived from simu-
lated salvage rates since at least 1993. 
SEC. 103. FACTORING INCREASED REAL-TIME MONITORING 
AND UPDATED SCIENCE INTO DELTA SMELT 
MANAGEMENT. 
(a) IN GENERAL.—The Director shall use the best 
scientific and commercial data available to implement, 
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continuously evaluate, and refine or amend, as appro-
priate, the reasonable and prudent alternative described 
in the smelt biological opinion, and any successor opinions 
or court order. The Secretary shall make all significant 
decisions under the smelt biological opinion, or any suc-
cessor opinions that affect Central Valley Project and 
State Water Project operations, in writing, and shall docu-
ment the significant facts upon which such decisions are 
made, consistent with section 706 of title 5, United States 
Code. 
(b) INCREASED MONITORING TO INFORM REAL- 
TIME OPERATIONS.—The Secretary shall conduct addi-
tional surveys, on an annual basis at the appropriate time 
of the year based on environmental conditions, in collabo-
ration with other Delta science interests. 
(1) In implementing this section, the Secretary 
shall— 
(A) use the most accurate survey methods 
available for the detection of Delta smelt to de-
termine the extent that adult Delta smelt are 
distributed in relation to certain levels of tur-
bidity, or other environmental factors that may 
influence salvage rate; and 
(B) use results from appropriate survey 
methods for the detection of Delta smelt to de-
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termine how the Central Valley Project and 
State Water Project may be operated more effi-
ciently to minimize salvage while maximizing 
export pumping rates without causing a signifi-
cant negative impact on the long-term survival 
of the Delta smelt. 
(2) During the period beginning on December 
1, 2015, and ending March 31, 2016, and in each 
successive December through March period, if sus-
pended sediment loads enter the Delta from the Sac-
ramento River and the suspended sediment loads ap-
pear likely to raise turbidity levels in the Old River 
north of the export pumps from values below 12 
Nephelometric Turbidity Units (NTU) to values 
above 12 NTU, the Secretary shall— 
(A) conduct daily monitoring using appro-
priate survey methods at locations including, 
but not limited to, the vicinity of Station 902 
to determine the extent that adult Delta smelt 
are moving with turbidity toward the export 
pumps; and 
(B) use results from the monitoring sur-
veys referenced in paragraph (A) to determine 
how increased trawling can inform daily real- 
time Central Valley Project and State Water 
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Project operations to minimize salvage while 
maximizing export pumping rates without caus-
ing a significant negative impact on the long- 
term survival of the Delta smelt. 
(c) PERIODIC REVIEW OF MONITORING.—Within 12 
months of the date of enactment of this title, and at least 
once every 5 years thereafter, the Secretary 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 minimize salvage while 
maximizing export pumping rates without causing a 
significant negative impact on the long-term survival 
of the Delta smelt; 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.—No later than January 1, 
2016, and at least every five years thereafter, the 
Secretary, in collaboration with the California De-
partment of Fish and Wildlife, the California De-
partment of Water Resources, public water agencies, 
and other interested entities, shall implement new 
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targeted sampling and monitoring specifically de-
signed to understand Delta smelt abundance, dis-
tribution, and the types of habitat occupied by Delta 
smelt during all life stages. 
(2) SAMPLING.—The Delta smelt distribution 
study shall, at a minimum— 
(A) include recording water quality and 
tidal data; 
(B) be designed to understand Delta smelt 
abundance, distribution, habitat use, and move-
ment throughout the Delta, Suisun Marsh, and 
other areas occupied by the Delta smelt during 
all seasons; 
(C) consider areas not routinely sampled 
by existing monitoring programs, including wet-
land channels, near-shore water, depths below 
35 feet, and shallow water; and 
(D) use survey methods, including sam-
pling gear, best suited to collect the most accu-
rate data for the type of sampling or moni-
toring. 
(e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION 
OF OLD AND MIDDLE RIVER FLOW REQUIREMENTS.—In 
implementing the provisions of the smelt biological opin-
ion, or any successor biological opinion or court order, per-
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taining to management of reverse flow in the Old and Mid-
dle River, the Secretary shall— 
(1) consider the relevant provisions of the bio-
logical opinion or any successor biological opinion; 
(2) to maximize Central Valley project and 
State Water Project water supplies, manage export 
pumping rates to achieve a reverse flow rate in Old 
and Middle River of ¥5,000 cubic feet per second 
unless information developed by the Secretary under 
paragraphs (3) and (4) leads the Secretary to rea-
sonably conclude that a less negative OMR flow rate 
is necessary to avoid a negative impact on the long- 
term survival of the Delta smelt. If information 
available to the Secretary indicates that a reverse 
flow rate in Old and Middle River more negative 
than ¥5,000 cubic feet per second can be estab-
lished without an imminent negative impact on the 
long-term survival of the Delta smelt, the Secretary 
shall manage export pumping rates to achieve that 
more negative OMR flow rate; 
(3) document in writing any significant facts 
about real-time conditions relevant to the determina-
tions of OMR reverse flow rates, including— 
(A) whether targeted real-time fish moni-
toring in the Old River pursuant to this section, 
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including monitoring in the vicinity of Station 
902, indicates that a significant negative impact 
on the long-term survival of the Delta smelt is 
imminent; and 
(B) whether near-term forecasts with avail-
able salvage models show under prevailing con-
ditions that OMR flow of ¥5,000 cubic feet per 
second or higher will cause a significant nega-
tive impact on the long-term survival of the 
Delta smelt; 
(4) show in writing that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5,000 cubic feet per second is necessary to 
avoid a significant negative impact on the long-term 
survival of the Delta smelt, including an explanation 
of the data examined and the connection between 
those data and the choice made, after considering— 
(A) 
the 
distribution 
of 
Delta 
smelt 
throughout the Delta; 
(B) the potential effects of documented, 
quantified entrainment on subsequent Delta 
smelt abundance; 
(C) the water temperature; 
(D) other significant factors relevant to 
the determination; and 
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(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and 
(5) for any subsequent biological opinion, make 
the showing required in paragraph (4) for any deter-
mination to manage OMR reverse flow at rates less 
negative than the most negative limit in the biologi-
cal opinion if the most negative limit in the biologi-
cal opinion is more negative than ¥5,000 cubic feet 
per second. 
(f) MEMORANDUM OF UNDERSTANDING.—No later 
than December 1, 2015, the Commissioner and the Direc-
tor will execute a Memorandum of Understanding (MOU) 
to ensure that the smelt biological opinion is implemented 
in a manner that maximizes water supply while complying 
with applicable laws and regulations. If that MOU alters 
any procedures set out in the biological opinion, there will 
be no need to reinitiate consultation if those changes will 
not have a significant negative impact on the long-term 
survival on listed species and the implementation of the 
MOU would not be a major change to implementation of 
the biological opinion. Any change to procedures that does 
not create a significant negative impact on the long-term 
survival to listed species will not alter application of the 
take permitted by the incidental take statement in the bio-
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logical opinion under section 7(o)(2) of the Endangered 
Species Act of 1973. 
(g) CALCULATION OF REVERSE FLOW IN OMR.— 
Within 90 days of the enactment of this title, the Sec-
retary is directed, in consultation with the California De-
partment of Water Resources to revise the method used 
to calculate reverse flow in Old and Middle River for im-
plementation of the reasonable and prudent alternatives 
in the smelt biological opinion and the salmonid biological 
opinion, and any succeeding biological opinions, for the 
purpose of increasing Central Valley Project and State 
Water Project water supplies. The method of calculating 
reverse flow in Old and Middle River shall be reevaluated 
not less than every five years thereafter to achieve max-
imum export pumping rates within limits established by 
the smelt biological opinion, the salmonid biological opin-
ion, and any succeeding biological opinions. 
TITLE II—ENSURING SALMONID 
MANAGEMENT 
IS 
RESPON-
SIVE TO NEW SCIENCE 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ASSISTANT
ADMINISTRATOR.—The term 
‘‘Assistant Administrator’’ means the Assistant Ad-
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ministrator of National Oceanic and Atmospheric 
Administration for Fisheries. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(3) OTHER AFFECTED INTERESTS.—The term 
‘‘other affected interests’’ means the State of Cali-
fornia, Indian tribes, subdivisions of the State of 
California, public water agencies and those who ben-
efit directly and indirectly from the operations of the 
Central Valley Project and the State Water Project. 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
SEC. 202. PROCESS FOR ENSURING SALMONID MANAGE-
MENT IS RESPONSIVE TO NEW SCIENCE. 
(a) GENERAL DIRECTIVE.—The reasonable and pru-
dent alternative described in the salmonid biological opin-
ion allows for and anticipates adjustments in Central Val-
ley Project and State Water Project operation parameters 
to reflect the best scientific and commercial data currently 
available, and authorizes efforts to test and evaluate im-
provements in operations that will meet applicable regu-
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latory requirements and maximize Central Valley Project 
and State Water Project water supplies and reliability. 
Implementation of the reasonable and prudent alternative 
described in the salmonid biological opinion shall be ad-
justed accordingly as new scientific and commercial data 
are developed. The Commissioner and the Assistant Ad-
ministrator shall fully utilize these authorities as described 
below. 
(b) ANNUAL REVIEWS OF CERTAIN CENTRAL VAL-
LEY PROJECT
AND STATE WATER PROJECT OPER-
ATIONS.—No later than December 31, 2016, and at least 
annually thereafter: 
(1) The Commissioner, with the assistance of 
the Assistant Administrator, shall examine and iden-
tify adjustments to the initiation of Action IV.2.3 as 
set forth in the Biological Opinion and Conference 
Opinion on the Long-Term Operations of the Cen-
tral Valley Project and State Water Project, Endan-
gered Species Act Section 7 Consultation, issued by 
the National Marine Fisheries Service on June 4, 
2009, pertaining to negative OMR flows, subject to 
paragraph (5). 
(2) The Commissioner, with the assistance of 
the Assistant Administrator, shall examine and iden-
tify adjustments in the timing, triggers or other 
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operational details relating to the implementation of 
pumping restrictions in Action IV.2.1 pertaining to 
the inflow to export ratio, subject to paragraph (5). 
(3) Pursuant to the consultation and assess-
ments carried out under paragraphs (1) and (2) of 
this subsection, the Commissioner and the Assistant 
Administrator shall jointly make recommendations 
to the Secretary of the Interior and to the Secretary 
of Commerce on adjustments to project operations 
that, in the exercise of the adaptive management 
provisions of the salmonid biological opinion, will re-
duce water supply impacts of the salmonid biological 
opinion on the Central Valley Project and the Cali-
fornia State Water Project and are consistent with 
the requirements of applicable law and as further 
described in subsection (c). 
(4) The Secretary of Commerce and the Sec-
retary of the Interior shall direct the Commissioner 
and Assistant Administrator to implement rec-
ommended adjustments to Central Valley Project 
and State Water Project operations for which the 
conditions under subsection (c) are met. 
(5) The Assistant Administrator and the Com-
missioner shall review and identify adjustments to 
Central Valley Project and State Water Project op-
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erations with water supply restrictions in any suc-
cessor biological opinion to the salmonid biological 
opinion, applying the provisions of this section to 
those water supply restrictions where there are ref-
erences to Actions IV.2.1 and IV.2.3. 
(c) IMPLEMENTATION
OF OPERATIONAL ADJUST-
MENTS.—After reviewing the recommendations under sub-
section (b), the Secretary of the Interior and the Secretary 
of Commerce shall direct the Commissioner and the As-
sistant Administrator to implement those operational ad-
justments, or any combination, for which, in aggregate— 
(1) the net effect on listed species is equivalent 
to those of the underlying project operational param-
eters in the salmonid biological opinion, taking into 
account both— 
(A) efforts to minimize the adverse effects 
of the adjustment to project operations; and 
(B) whatever additional actions or meas-
ures may be implemented in conjunction with 
the adjustments to operations to offset the ad-
verse effects to listed species, consistent with 
(d), that are in excess of the adverse effects of 
the underlying operational parameters, if any; 
and 
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(2) the effects of the adjustment can be reason-
ably expected to fall within the incidental take au-
thorizations. 
(d) EVALUATION
OF OFFSETTING MEASURES.— 
When examining and identifying opportunities to offset 
the potential adverse effect of adjustments to operations 
under subsection (c)(1)(B), the Commissioner and the As-
sistant Administrator shall take into account the potential 
species survival improvements that are likely to result 
from other measures which, if implemented in conjunction 
with such adjustments, would offset adverse effects, if any, 
of the adjustments. When evaluating offsetting measures, 
the Commissioner and the Assistant Administrator shall 
consider the type, timing and nature of the adverse effects, 
if any, to specific species and ensure that the measures 
likely provide equivalent overall benefits to the listed spe-
cies in the aggregate, as long as the change will not cause 
a significant negative impact on the long-term survival of 
a listed salmonid species. 
(e) FRAMEWORK FOR EXAMINING OPPORTUNITIES 
TO MINIMIZE OR OFFSET THE POTENTIAL ADVERSE EF-
FECT OF ADJUSTMENTS TO OPERATIONS.—Not later than 
December 31, 2015, and every five years thereafter, the 
Assistant Administrator shall, in collaboration with the 
Director of the California Department of Fish and Wild-
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life, based on the best scientific and commercial data avail-
able and for each listed salmonid species, issue estimates 
of the increase in through-Delta survival the Secretary ex-
pects to be achieved— 
(1) through restrictions on export pumping 
rates as specified by Action IV.2.3 as compared to 
limiting OMR flow to a fixed rate of ¥5,000 cubic 
feet per second within the time period Action IV.2.3 
is applicable, based on a given rate of San Joaquin 
River inflow to the Delta and holding other relevant 
factors constant; 
(2) through San Joaquin River inflow to export 
restrictions on export pumping rates specified within 
Action IV.2.1 as compared to the restrictions in the 
April/May period imposed by the State Water Re-
sources Control Board decision D–1641, based on a 
given rate of San Joaquin River inflow to the Delta 
and holding other relevant factors constant; 
(3) through physical habitat restoration im-
provements; 
(4) through predation control programs; 
(5) through the installation of temporary bar-
riers, the management of Cross Channel Gates oper-
ations, and other projects affecting flow in the 
Delta; 
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(6) through salvaging fish that have been en-
trained near the entrance to Clifton Court Forebay; 
(7) through any other management measures 
that may provide equivalent or better protections for 
listed species while maximizing export pumping rates 
without causing a significant negative impact on the 
long-term survival of a listed salmonid species; and 
(8) through development and implementation of 
conservation hatchery programs for salmon and 
steelhead to aid in the recovery of listed salmon and 
steelhead species. 
(f) SURVIVAL ESTIMATES.— 
(1) To the maximum extent practicable, the As-
sistant Administrator shall make quantitative esti-
mates of survival such as a range of percentage in-
creases in through-Delta survival that could result 
from the management measures, and if the scientific 
information is lacking for quantitative estimates, 
shall do so on qualitative terms based upon the best 
available science. 
(2) If the Assistant Administrator provides 
qualitative survival estimates for a species resulting 
from one or more management measures, the Sec-
retary shall, to the maximum extent feasible, rank 
the management measures described in subsection 
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(e) in terms of their most likely expected contribu-
tion to increased through-Delta survival relative to 
the other measures. 
(3) If at the time the Assistant Administrator 
conducts the reviews under subsection (b), the Sec-
retary has not issued an estimate of increased 
through-Delta survival from different management 
measures pursuant to subsection (e), the Secretary 
shall compare the protections to the species from 
different management measures based on the best 
scientific and commercial data available at the time. 
(g) COMPARISON OF ADVERSE CONSEQUENCES FOR 
ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT 
PROTECTION FOR A SPECIES.— 
(1) For the purposes of this subsection and 
subsection (c)— 
(A) the alternative management measure 
or combination of alternative management 
measures identified in paragraph (2) shall be 
known as the ‘‘equivalent alternative measure’’; 
(B) the existing measure or measures iden-
tified in subparagraphs (2) (A), (B), (C), or 
(D) shall be known as the ‘‘equivalent existing 
measure’’; and 
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(C) an ‘‘equivalent increase in through- 
Delta survival rates for listed salmonid species’’ 
shall mean an increase in through-Delta sur-
vival rates that is equivalent when considering 
the change in through-Delta survival rates for 
the listed salmonid species in the aggregate, 
and not the same change for each individual 
species, as long as the change in survival rates 
will not cause a significant negative impact on 
the long-term survival of a listed salmonid spe-
cies. 
(2) As part of the reviews of project operations 
pursuant to subsection (b), the Assistant Adminis-
trator shall determine whether any alternative man-
agement measures or combination of alternative 
management measures listed in subsection (e) (3) 
through (8) would provide an increase in through- 
Delta survival rates for listed salmonid species that 
is equivalent to the increase in through-Delta sur-
vival rates for listed salmonid species from the fol-
lowing: 
(A) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to limiting OMR flow to a fixed rate of 
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¥5,000 cubic feet per second within the time 
period Action IV.2.3 is applicable. 
(B) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to a modification of Action IV.2.3 that 
would provide additional water supplies, other 
than that described in subparagraph (A). 
(C) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
the restrictions in the April/May period imposed 
by the State Water Resources Control Board 
decision D–1641. 
(D) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
a modification of Action IV.2.1 that would re-
duce water supply impacts of the salmonid bio-
logical opinion on the Central Valley Project 
and the California State Water Project, other 
than that described in subparagraph (C). 
(3) If the Assistant Administrator identifies an 
equivalent alternative measure pursuant to para-
graph (2), the Assistant Administrator shall deter-
mine whether— 
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(A) it is technically feasible and within 
Federal jurisdiction to implement the equivalent 
alternative measure; 
(B) the State of California, or subdivision 
thereof, or local agency with jurisdiction has 
certified in writing within 10 calendar days to 
the Assistant Administrator that it has the au-
thority and capability to implement the perti-
nent equivalent alternative measure; or 
(C) the adverse consequences of doing so 
are less than the adverse consequences of the 
equivalent existing measure, including a concise 
evaluation of the adverse consequences to other 
affected interests. 
(4) If the Assistant Administrator makes the 
determinations in subparagraph (3)(A) or (3)(B), 
the Commissioner shall adjust project operations to 
implement the equivalent alternative measure in 
place of the equivalent existing measure in order to 
increase export rates of pumping to the greatest ex-
tent possible while maintaining a net combined effect 
of equivalent through-Delta survival rates for the 
listed salmonid species. 
(h) TRACKING ADVERSE EFFECTS BEYOND
THE 
RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID 
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BIOLOGICAL OPINION
AND COORDINATED OPERATION 
WITH THE DELTA SMELT BIOLOGICAL OPINION.— 
(1) Among the adjustments to the project oper-
ations considered through the adaptive management 
process under this section, the Assistant Adminis-
trator and the Commissioner shall— 
(A) evaluate the effects on listed salmonid 
species and water supply of the potential ad-
justment to operational criteria described in 
subparagraph (B); and 
(B) consider requiring that before some or 
all of the provisions of Actions IV.2.1. or IV.2.3 
are imposed in any specific instance, the Assist-
ant Administrator show that the implementa-
tion of these provisions in that specific instance 
is necessary to avoid a significant negative im-
pact on the long-term survival of a listed 
salmonid species. 
(2) The Assistant Administrator, the Director, 
and the Commissioner, in coordination with State of-
ficials as appropriate, shall establish operational cri-
teria to coordinate management of OMR flows under 
the smelt and salmonid biological opinions, in order 
to take advantage of opportunities to provide addi-
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tional water supplies from the coordinated imple-
mentation of the biological opinions. 
(3) The Assistant Administrator and the Com-
missioner shall document the effects of any adaptive 
management decisions related to the coordinated op-
eration of the smelt and salmonid biological opinions 
that prioritizes the maintenance of one species at the 
expense of the other. 
(i) REAL-TIME MONITORING AND MANAGEMENT.— 
Notwithstanding the calendar based triggers described in 
the salmonid biological opinion Reasonable and Prudent 
Alternative (RPA), the Assistant Administrator and the 
Commissioner shall not limit OMR reverse flow to ¥5,000 
cubic feet per second unless current monitoring data indi-
cate that this OMR flow limitation is reasonably required 
to avoid a significant negative impact on the long-term 
survival of a listed salmonid species. 
(j) EVALUATION AND IMPLEMENTATION OF MANAGE-
MENT
MEASURES.—If the quantitative estimates of 
through-Delta survival established by the Secretary for the 
adjustments in subsection (b)(2) exceed the through-Delta 
survival established for the RPAs, the Secretary shall 
evaluate and implement the management measures in sub-
section (b)(2) as a prerequisite to implementing the RPAs 
contained in the Salmonid Biological Opinion. 
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(k) ACCORDANCE WITH OTHER LAW.—Consistent 
with section 706 of title 5, United States Code, decisions 
of the Assistant Administrator and the Commissioner de-
scribed in subsections (b) through (j) shall be made in 
writing, on the basis of best scientific and commercial data 
currently available, and shall include an explanation of the 
data examined at the connection between those data and 
the decisions made. 
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS 
FISH 
IN 
THE 
STANISLAUS 
RIVER. 
(a) ESTABLISHMENT
OF NONNATIVE PREDATOR 
FISH REMOVAL PROGRAM.—The Secretary and the dis-
tricts, in consultation with the Director, shall jointly de-
velop and conduct a nonnative predator fish removal pro-
gram to remove nonnative striped bass, smallmouth bass, 
largemouth bass, black bass, and other nonnative predator 
fish species from the Stanislaus River. The program 
shall— 
(1) be scientifically based; 
(2) include methods to quantify the number and 
size of predator fish removed each year, the impact 
of such removal on the overall abundance of pred-
ator fish, and the impact of such removal on the 
populations of juvenile anadromous fish found in the 
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Stanislaus River by, among other things, evaluating 
the number of juvenile anadromous fish that migrate 
past the rotary screw trap located at Caswell; 
(3) among other methods, use wire fyke trap-
ping, portable resistance board weirs, and boat 
electrofishing; and 
(4) be implemented as quickly as possible fol-
lowing the issuance of all necessary scientific re-
search. 
(b) MANAGEMENT.—The management of the pro-
gram shall be the joint responsibility of the Secretary and 
the districts. Such parties shall work collaboratively to en-
sure the performance of the program, and shall discuss 
and agree upon, among other things, changes in the struc-
ture, management, personnel, techniques, strategy, data 
collection, reporting, and conduct of the program. 
(c) CONDUCT.— 
(1) IN GENERAL.—By agreement between the 
Secretary and the districts, the program may be con-
ducted by their own personnel, qualified private con-
tractors hired by the districts, personnel of, on loan 
to, or otherwise assigned to the National Marine 
Fisheries Service, or a combination thereof. 
(2) PARTICIPATION BY THE NATIONAL MARINE 
FISHERIES SERVICE.—If the districts elect to con-
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duct the program using their own personnel or quali-
fied private contractors hired by them in accordance 
with paragraph (1), the Secretary may assign an 
employee of, on loan to, or otherwise assigned to the 
National Marine Fisheries Service, to be present for 
all activities performed in the field. Such presence 
shall ensure compliance with the agreed-upon ele-
ments specified in subsection (b). The districts shall 
pay the cost of such participation in accordance with 
subsection (d). 
(3) TIMING OF ELECTION.—The districts shall 
notify the Secretary of their election on or before 
October 15 of each calendar year of the program. 
Such an election shall apply to the work performed 
in the subsequent calendar year. 
(d) FUNDING.— 
(1) IN
GENERAL.—The districts shall be re-
sponsible for 100 percent of the cost of the program. 
(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and use contributions of funds from the dis-
tricts to carry out activities under the program. 
(3) ESTIMATION OF COST.—On or before De-
cember 1 of each year of the program, the Secretary 
shall submit to the districts an estimate of the cost 
to be incurred by the National Marine Fisheries 
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Service for the program in the following calendar 
year, if any, including the cost of any data collection 
and posting under subsection (e). If an amount 
equal to the estimate is not provided through con-
tributions pursuant to paragraph (2) before Decem-
ber 31 of that year— 
(A) the Secretary shall have no obligation 
to conduct the program activities otherwise 
scheduled for such following calendar year until 
such amount is contributed by the districts; and 
(B) the districts may not conduct any as-
pect of the program until such amount is con-
tributed by the districts. 
(4) ACCOUNTING.—On or before September 1 
of each year, the Secretary shall provide to the dis-
tricts an accounting of the costs incurred by the Sec-
retary for the program in the preceding calendar 
year. If the amount contributed by the districts pur-
suant to paragraph (2) for that year was greater 
than the costs incurred by the Secretary, the Sec-
retary shall— 
(A) apply the excess contributions to costs 
of activities to be performed by the Secretary 
under the program, if any, in the next calendar 
year; or 
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(B) if no such activities are to be per-
formed, repay the excess contribution to the 
districts. 
(e) POSTING AND EVALUATION.—On or before the 
15th day of each month, the Secretary shall post on the 
Internet website of the National Marine Fisheries Service 
a tabular summary of the raw data collected under the 
program in the preceding month. 
(f) IMPLEMENTATION.—The program is hereby found 
to be consistent with the requirements of the Central Val-
ley Project Improvement Act (Public Law 102–575). No 
provision, plan or definition established or required by the 
Central Valley Project Improvement Act (Public Law 
102–575) shall be used to prohibit the imposition of the 
program, or to prevent the accomplishment of its goals. 
(g) TREATMENT OF STRIPED BASS.—For purposes 
of the application of the Central Valley Project Improve-
ment Act (title XXXIV of Public Law 102–575) with re-
spect to the program, striped bass shall not be treated as 
anadromous fish. 
(h) DEFINITION.—For the purposes of this section, 
the term ‘‘districts’’ means the Oakdale Irrigation District 
and the South San Joaquin Irrigation District, California. 
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TITLE III—OPERATIONAL FLEXI-
BILITY AND DROUGHT RE-
LIEF 
SEC. 301. DEFINITIONS. 
In this title: 
(1) CENTRAL
VALLEY
PROJECT.—The term 
‘‘Central Valley Project’’ has the meaning given the 
term in section 3403 of the Central Valley Project 
Improvement Act (Public Law 102–575; 106 Stat. 
4707). 
(2) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation Project’’ means a project constructed pur-
suant to the authorities of the reclamation laws and 
whose facilities are wholly or partially located in the 
State. 
(3) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Agriculture; 
(B) the Secretary of Commerce; and 
(C) the Secretary of the Interior. 
(4) STATE WATER PROJECT.—The term ‘‘State 
Water Project’’ means the water project described 
by California Water Code section 11550 et seq. and 
operated by the California Department of Water Re-
sources. 
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(5) STATE.—The term ‘‘State’’ means the State 
of California. 
SEC. 
302. 
OPERATIONAL 
FLEXIBILITY 
IN 
TIMES 
OF 
DROUGHT. 
(a) WATER SUPPLIES.—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 shall provide the 
maximum quantity of water supplies practicable to all in-
dividuals or district who receive Central Valley Project 
water under water service or repayments contracts, water 
rights settlement contracts, exchange contracts, or refuge 
contracts or agreements entered into prior to or after the 
date of enactment of this title; State Water Project con-
tractors, and any other tribe, locality, water agency, or 
municipality in the State, by approving, consistent with 
applicable laws (including regulations), projects and oper-
ations to provide additional water supplies as quickly as 
practicable based on available information to address the 
emergency conditions. 
(b) ADMINISTRATION.—In carrying out subsection 
(a), the Secretaries shall, consistent with applicable laws 
(including regulations)— 
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(1) issue all necessary permit decisions under 
the authority of the Secretaries not later than 30 
days after the date on which the Secretaries receive 
a completed application from the State to place and 
use temporary barriers or operable gates in Delta 
channels to improve water quantity and quality for 
the State Water Project and the Central Valley 
Project south of Delta water contractors and other 
water users, on the condition that the barriers or op-
erable gates— 
(A) do not result in a significant negative 
impact on the long-term survival of listed spe-
cies within the Delta and provide benefits or 
have a neutral impact on in-Delta water user 
water quality; and 
(B) are designed so that formal consulta-
tions under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536) are not nec-
essary; 
(2) require the Director of the United States 
Fish and Wildlife Service and the Commissioner of 
Reclamation— 
(A) to complete, not later than 30 days 
after the date on which the Director or the 
Commissioner receives a complete written re-
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quest for water transfer, all requirements under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) 
necessary to make final permit decisions on the 
request; and 
(B) to approve any water transfer request 
described in subparagraph (A) to maximize the 
quantity of water supplies available for non-
habitat uses, on the condition that actions asso-
ciated with the water transfer comply with ap-
plicable Federal laws (including regulations); 
(3) adopt a 1:1 inflow to export ratio, as meas-
ured as a 3-day running average at Vernalis during 
the period beginning on April 1, and ending on May 
31, absent a determination in writing that a more 
restrictive inflow to export ratio is required to avoid 
a significant negative impact on the long-term sur-
vival of a listed salmonid species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
provided that the 1:1 inflow to export ratio shall 
apply for the increment of increased flow of the San 
Joaquin River resulting from the voluntary sale, 
transfers, or exchanges of water from agencies with 
rights to divert water from the San Joaquin River 
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or its tributaries and provided that the movement of 
the acquired, transferred, or exchanged water 
through the Delta consistent with the Central Valley 
Project’s and the State Water Project’s permitted 
water rights and provided that movement of the 
Central Valley Project water is consistent with the 
requirements of section 3405(a)(1)(H) of the Cen-
tral Valley Project Improvement Act; and 
(4) allow and facilitate, consistent with existing 
priorities, water transfers through the C.W. ‘‘Bill’’ 
Jones Pumping Plant or the Harvey O. Banks 
Pumping Plant from April 1 to November 30 pro-
vided water transfers comply with State law, includ-
ing the California Environmental Quality Act. 
(c) ACCELERATED PROJECT DECISION
AND ELE-
VATION.— 
(1) IN GENERAL.—On request by the Governor 
of the State, the Secretaries shall use the expedited 
procedures under this subsection to make final deci-
sions relating to a Federal project or operation, or 
to local or State projects or operations that require 
decisions by the Secretary of the Interior or the Sec-
retary of Commerce to provide additional water sup-
plies if the project’s or operation’s purpose is to pro-
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vide relief for emergency drought conditions pursu-
ant to subsections (a) and (b). 
(2) REQUEST FOR RESOLUTION.— 
(A) IN GENERAL.—On request by the Gov-
ernor of the State, the Secretaries referenced in 
paragraph (1), or the head of another Federal 
agency responsible for carrying out a review of 
a project, as applicable, the Secretary of the In-
terior shall convene a final project decision 
meeting with the heads of all relevant Federal 
agencies to decide whether to approve a project 
to provide relief for emergency drought condi-
tions. 
(B) MEETING.—The Secretary of the Inte-
rior shall convene a meeting requested under 
subparagraph (A) not later than 7 days after 
the date on which the meeting request is re-
ceived. 
(3) NOTIFICATION.—On receipt of a request for 
a meeting under paragraph (2), the Secretary of the 
Interior shall notify the heads of all relevant Federal 
agencies of the request, including information on the 
project to be reviewed and the date of the meeting. 
(4) DECISION.—Not later than 10 days after 
the date on which a meeting is requested under 
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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) help meet the contract water supply needs 
of Central Valley Project refuges through the im-
provement or installation of water conservation 
measures, water conveyance facilities, and wells to 
use groundwater resources, on the condition that 
those activities may only be accomplished by using 
funding made available under Reclamation programs 
of the Department of the Interior; 
(2) make available to individuals or districts 
who receive water from the United States under 
water rights settlement contracts, exchange con-
tracts, water service or repayment contracts the ad-
ditional water obtained from the activities carried 
out under subparagraph (1); 
(3) in coordination with the California Depart-
ment of Water Resources and the California Depart-
ment of Fish and Wildlife, implement offsite up-
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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; 
(4) 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 
OMR flows at ¥5,000 cubic feet per second subject 
to section 103(e) (3) and (4); and 
(5) 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 
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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 
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 
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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 
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-
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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. 
(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– 
1544). 
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(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.— 
(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— 
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(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 
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 
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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-
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 
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(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; 
‘‘(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: 
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‘‘(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 
(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)’’. 
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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, no mitigation measures shall be re-
quired during 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, and any mitigation meas-
ures imposed must be based on quantitative data and re-
quired only to the extent that such data demonstrates ac-
tual 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 
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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 Reclamation 
from interested parties for the purpose of this section. 
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)), 
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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.— 
(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). 
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(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). 
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. 
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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; 
(2) complete the feasibility studies described in 
clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 
Public Law 108–361 and submit such studies to the 
appropriate committees of the House of Representa-
tives and the Senate not later than November 30, 
2016; 
(3) 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; 
(4) provide a progress report on the status of 
the feasibility studies referred to in paragraphs (1) 
through (3) to the appropriate committees of the 
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House of Representatives and the Senate not later 
than 90 days after the date of the enactment of this 
Act and each 180 days thereafter until December 
31, 2017, as applicable. The report shall include 
timelines for study completion, draft environmental 
impact statements, final environmental impact state-
ments, and Records of Decision; and 
(5) in conducting any feasibility study under 
this Act, the reclamation laws, the Central Valley 
Project Improvement Act (title XXXIV of Public 
Law 102–575; 106 Stat. 4706), the Fish and Wild-
life Coordination Act (16 U.S.C. 661 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), and other applicable law, for the purposes any 
determining feasibility the Secretary shall document, 
delineate, and publish costs directly relating to the 
engineering and construction of a water storage 
project separately from the costs resulting from reg-
ulatory compliance or the construction of auxiliary 
facilities necessary to achieve regulatory compliance. 
SEC. 402. TEMPERANCE FLAT. 
(a) DEFINITIONS.—For the purposes of this section: 
(1) PROJECT.—The term ‘‘Project’’ means the 
Temperance Flat Reservoir Project on the Upper 
San Joaquin River. 
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(2) RMP.—The term ‘‘RMP’’ means the docu-
ment titled ‘‘Bakersfield Field Office, Record of De-
cision and Approved Resource Management Plan,’’ 
dated December 2014. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) APPLICABILITY OF RMP.—The RMP and find-
ings related thereto shall have no effect on or applicability 
to the Secretary’s determination of feasibility of, or on any 
findings or environmental review documents related to— 
(1) the Project; or 
(2) actions taken by the Secretary pursuant to 
section 103(d)(1)(A)(ii)(II) of the Bay-Delta Au-
thorization Act (title I of Public Law 108–361). 
(c) DUTIES OF SECRETARY UPON DETERMINATION 
OF FEASIBILITY.—If the Secretary finds the Project to 
be feasible, the Secretary shall manage the land rec-
ommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner 
that does not impede any environmental reviews, 
preconstruction, construction, or other activities of the 
Project, regardless of whether or not the Secretary sub-
mits any official recommendation to Congress under the 
Wild and Scenic Rivers Act. 
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(d) RESERVED WATER RIGHTS.—Effective Decem-
ber 22, 2014, there shall be no Federal reserved water 
rights to any segment of the San Joaquin River related 
to the Project as a result of any designation made under 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). 
SEC. 403. CALFED STORAGE ACCOUNTABILITY. 
If the Secretary of the Interior fails to provide the 
feasibility studies described in section 401 to the appro-
priate committees of the House of Representatives and the 
Senate by the times prescribed, the amount made available 
to the Policy and Administration Account of the Bureau 
of Reclamation for the operation of the Washington, DC, 
office shall be reduced by an amount of $20,000 per day 
and transferred to the Treasury for deficit reduction until 
the feasibility reports are provided to Congress. 
SEC. 404. WATER STORAGE PROJECT CONSTRUCTION. 
(a) PARTNERSHIP
AND AGREEMENTS.—The Sec-
retary, acting through the Commissioner of the Bureau 
of Reclamation, may partner or enter into an agreement 
on the water storage projects identified in section 
103(d)(1) of the Water Supply Reliability and Environ-
mental Improvement Act (Public Law 108–361) (and Acts 
supplemental and amendatory to the Act) with local joint 
powers authorities formed pursuant to State law by irriga-
tion districts and other local water districts and local gov-
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ernments within the applicable hydrologic region, to ad-
vance those projects. 
(b) AUTHORIZATION FOR PROJECT.—If the Secretary 
determines a project described in section 402(a)(1) and 
(2) is feasible, the Secretary is authorized to carry out 
the project in a manner that is substantially in accordance 
with the recommended plan, and subject to the conditions 
described in the feasibility study, provided that no Federal 
funding shall be used to construct the project. 
TITLE V—WATER RIGHTS 
PROTECTIONS 
SEC. 501. PROTECTION FOR STATE WATER PROJECT CON-
TRACTORS. 
(a) IMPLEMENTATION IMPACTS.—The Secretary of 
the Interior shall confer with the California Department 
of Fish and Wildlife in connection with the implementa-
tion of this Act on potential impacts to any consistency 
determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 
2080.1. 
(b) ADDITIONAL YIELD.—If, as a result of the appli-
cation of this Act, the California Department of Fish and 
Wildlife— 
(1) revokes the consistency determinations pur-
suant to California Fish and Game Code section 
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2080.1 that are applicable to the State Water 
Project; 
(2) amends or issues one or more new consist-
ency determinations pursuant to California Fish and 
Game Code section 2080.1 in a manner that directly 
or indirectly results in reduced water supply to the 
State Water Project as compared with the water 
supply available under the smelt biological opinion 
and the salmonid biological opinion; or 
(3) requires take authorization under section 
2081 for operation of the State Water Project in a 
manner that directly or indirectly results in reduced 
water supply to the State Water Project as com-
pared with the water supply available under the 
smelt biological opinion and the salmonid biological 
opinion, and as a consequence of the Department’s 
action, Central Valley Project yield is greater than 
it would have been absent the Department’s actions, 
then that additional yield shall be made available to 
the State Water Project for delivery to State Water 
Project contractors 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 
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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). 
(b) DIVERSIONS.—Any action undertaken by the Sec-
retaries pursuant 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 Joaquin River watersheds upstream of the 
Delta be bypassed shall not be undertaken in a manner 
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that alters the water rights priorities established by Cali-
fornia 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 executed 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 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 
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— 
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(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. 
(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 
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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. 
(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-
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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— 
(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; 
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(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; 
(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, including the utilization of such alloca-
tions as primary water sources for these contractors 
for purposes of calculating municipal and industrial 
water shortages. 
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(c) NO EFFECT
ON ALLOCATIONS.—This section 
shall not result in the involuntary reduction in contract 
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-
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. 
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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. 
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. 
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(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-
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, 
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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. 
‘‘(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 
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one municipal and industrial user from 
south-of-the-Delta; 
‘‘(iii) 3 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 
water supplies with the Bureau of Rec-
lamation; and 
‘‘(v) 1 member shall have expertise in 
the economic impacts of the changes to 
water operations. 
‘‘(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) CHAIRMAN.—The Secretary shall ap-
point 1 of the members described in subpara-
graph (A) to serve as Chairman of the Advisory 
Board. 
‘‘(3) TERMS.—The term of each member of the 
Advisory Board shall be 4 years. 
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‘‘(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 
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. 
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‘‘(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— 
‘‘(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. 
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‘‘(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, 
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-
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mental Impact Statement/Environmental Impact Report 
dated the December 2000 used to implement an action 
undertaken for a fishery beneficial purpose that was not 
imposed 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 
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 provide reports 
to the Congress annually describing the progress of imple-
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menting the plan required by section 3408(j) of title 
XXXIV of Public Law 102–575. 
(b) FAILURE TO UPDATE AND IMPLEMENT PLAN.— 
If the Secretary fails to update and implement the plan 
required in subsection (a) within 180 days of enactment 
of this Act, the amount made available to the Policy and 
Administration Account of the Bureau of Reclamation for 
the operation of the Washington, DC, office shall be re-
duced by an amount of $20,000 per day and transferred 
to the Treasury for deficit reduction until the feasibility 
reports are provided to Congress. 
(c) 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: 
(1) In subsection (b)— 
(A) by amending paragraph (2)(C) to read: 
‘‘(C) If by March 15, 2018, 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-
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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. 
SEC. 606. TRANSFER THE NEW MELONES UNIT, CENTRAL 
VALLEY 
PROJECT 
TO 
INTERESTED 
PRO-
VIDERS. 
(a) DEFINITIONS.—For the purposes of this Act, 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, 
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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. 
(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 
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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 section 1(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; 
(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; 
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(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 is au-
thorized and directed to expand opportunities and expedite 
completion of assessments under section 9503(b) of the 
SECURE Water Act, with non-Federal partners, of indi-
vidual sub-basins and watersheds within major Reclama-
tion river basins; and shall ensure timely decision and ex-
pedited implementation of adaptation and mitigation 
strategies developed 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. 
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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. 
(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 ‘‘ex-
tremely 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: 
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‘‘(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, 
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.’’. 
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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-
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-
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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-
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— 
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(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 
(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 
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(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: 
(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— 
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(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; 
(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 
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(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-
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-
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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 
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-
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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. 
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.— 
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100 
(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 of Reclamation, or the Regional 
Director’s designee, 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. 
(3) IMPARTIAL DECISIONMAKING.—In carrying 
out this section, the Secretary and the cooperating 
agencies receiving funds under this section for quali-
fying projects shall ensure that the use of the funds 
accepted under this section for such projects shall 
not— 
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101 
(A) impact impartial decisionmaking with 
respect to the issuance of permits, either sub-
stantively or procedurally; or 
(B) diminish, modify, or otherwise affect 
the statutory or regulatory authorities of such 
agencies. 
(c) LIMITATION ON USE OF FUNDS.—None of the 
funds accepted under this section shall be used to carry 
out a review of the evaluation of permits required under 
subsection (b)(2)(A). 
(d) PUBLIC AVAILABILITY.—The Secretary shall en-
sure that all final permit decisions carried out using funds 
authorized under this section are made available to the 
public, including on the Internet. 
TITLE VIII—BUREAU OF REC-
LAMATION PROJECT STREAM-
LINING 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Bureau of Reclama-
tion Project Streamlining Act’’. 
SEC. 802. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL
IMPACT
STATEMENT.— 
The term ‘‘environmental impact statement’’ means 
the detailed statement of environmental impacts of 
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102 
a project required to be prepared pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(2) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process of 
preparing an environmental impact statement, 
environmental assessment, categorical exclusion, 
or other document under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a project study. 
(B) INCLUSIONS.—The term ‘‘environ-
mental review process’’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
study under any Federal law other than the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(3) FEDERAL JURISDICTIONAL AGENCY.—The 
term ‘‘Federal jurisdictional agency’’ means a Fed-
eral agency with jurisdiction delegated by law, regu-
lation, order, or otherwise over a review, analysis, 
opinion, statement, permit, license, or other approval 
or decision required for a project study under appli-
cable Federal laws (including regulations). 
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103 
(4) FEDERAL LEAD AGENCY.—The term ‘‘Fed-
eral lead agency’’ means the Bureau of Reclamation. 
(5) PROJECT.—The term ‘‘project’’ means a 
surface water project, a project under the purview of 
title XVI of Public Law 102–575, or a rural water 
supply project investigated under Public Law 109– 
451 to be carried out, funded or operated in whole 
or in party by the Secretary pursuant to 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.). 
(6) PROJECT
SPONSOR.—The term ‘‘project 
sponsor’’ means a State, regional, or local authority 
or instrumentality or other qualifying entity, such as 
a water conservation district, irrigation district, 
water conservancy district, joint powers authority, 
mutual water company, canal company, rural water 
district or association, or any other entity that has 
the capacity to contract with the United States 
under Federal reclamation law. 
(7) PROJECT
STUDY.—The term ‘‘project 
study’’ means a feasibility study for a project carried 
out pursuant to 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.). 
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104 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) SURFACE
WATER
STORAGE.—The term 
‘‘surface water storage’’ means any surface water 
reservoir or impoundment that would be owned, 
funded or operated in whole or in part by the Bu-
reau of Reclamation or that would be integrated into 
a larger system owned, operated or administered in 
whole or in part by the Bureau of Reclamation. 
SEC. 803. ACCELERATION OF STUDIES. 
(a) IN GENERAL.—To the extent practicable, a 
project study initiated by the Secretary, after the date of 
enactment of this Act, under the Reclamation Act of 1902 
(32 Stat. 388), and all Acts amendatory thereof or supple-
mentary thereto, shall— 
(1) result in the completion of a final feasibility 
report not later than 3 years after the date of initi-
ation; 
(2) 
have 
a 
maximum 
Federal 
cost 
of 
$3,000,000; and 
(3) ensure that personnel from the local project 
area, region, and headquarters levels of the Bureau 
of Reclamation concurrently conduct the review re-
quired under this section. 
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105 
(b) EXTENSION.—If the Secretary determines that a 
project study described in subsection (a) will not be con-
ducted in accordance with subsection (a), the Secretary, 
not later than 30 days after the date of making the deter-
mination, shall— 
(1) prepare an updated project study schedule 
and cost estimate; 
(2) notify the non-Federal project cost-sharing 
partner that the project study has been delayed; and 
(3) provide written notice to the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Re-
sources of the Senate as to the reasons the require-
ments of subsection (a) are not attainable. 
(c) EXCEPTION.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirements of subsection (a), the Secretary may ex-
tend the timeline of a project study by a period not 
to exceed 3 years, if the Secretary determines that 
the project study is too complex to comply with the 
requirements of subsection (a). 
(2) FACTORS.—In making a determination that 
a study is too complex to comply with the require-
ments of subsection (a), the Secretary shall con-
sider— 
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106 
(A) the type, size, location, scope, and 
overall cost of the project; 
(B) whether the project will use any inno-
vative design or construction techniques; 
(C) whether the project will require signifi-
cant action by other Federal, State, or local 
agencies; 
(D) whether there is significant public dis-
pute as to the nature or effects of the project; 
and 
(E) whether there is significant public dis-
pute as to the economic or environmental costs 
or benefits of the project. 
(3) NOTIFICATION.—Each time the Secretary 
makes a determination under this subsection, the 
Secretary shall provide written notice to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate as to the results of 
that determination, including an identification of the 
specific one or more factors used in making the de-
termination that the project is complex. 
(4) LIMITATION.—The Secretary shall not ex-
tend the timeline for a project study for a period of 
more than 7 years, and any project study that is not 
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completed before that date shall no longer be au-
thorized. 
(d) REVIEWS.—Not later than 90 days after the date 
of the initiation of a project study described in subsection 
(a), the Secretary shall— 
(1) take all steps necessary to initiate the proc-
ess for completing federally mandated reviews that 
the Secretary is required to complete as part of the 
study, including the environmental review process 
under section 805; 
(2) convene a meeting of all Federal, tribal, and 
State agencies identified under section 805(d) that 
may— 
(A) have jurisdiction over the project; 
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study; and 
(3) take all steps necessary to provide informa-
tion that will enable required reviews and analyses 
related to the project to be conducted by other agen-
cies in a thorough and timely manner. 
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(e) INTERIM REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy 
and Natural Resources of the Senate and make publicly 
available a report that describes— 
(1) the status of the implementation of the 
planning process under this section, including the 
number of participating projects; 
(2) a review of project delivery schedules, in-
cluding a description of any delays on those studies 
initiated prior to the date of the enactment of this 
Act; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the 
project. 
(f) FINAL REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate and make publicly available 
a report that describes— 
(1) the status of the implementation of this sec-
tion, including a description of each project study 
subject to the requirements of this section; 
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(2) the amount of time taken to complete each 
project study; and 
(3) any recommendations for additional author-
ity necessary to support efforts to expedite the 
project study process, including an analysis of 
whether the limitation established by subsection 
(a)(2) needs to be adjusted to address the impacts 
of inflation. 
SEC. 804. EXPEDITED COMPLETION OF REPORTS. 
The Secretary shall— 
(1) expedite the completion of any ongoing 
project study initiated before the date of enactment 
of this Act; and 
(2) if the Secretary determines that the project 
is justified in a completed report, proceed directly to 
preconstruction planning, engineering, and design of 
the project in accordance with the Reclamation Act 
of 1902 (32 Stat. 388), and all Acts amendatory 
thereof or supplementary thereto. 
SEC. 805. PROJECT ACCELERATION. 
(a) APPLICABILITY.— 
(1) IN GENERAL.—This section shall apply to— 
(A) each project study that is initiated 
after the date of enactment of this Act and for 
which an environmental impact statement is 
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prepared under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) the extent determined appropriate by 
the Secretary, to other project studies initiated 
before the date of enactment of this Act and for 
which an environmental review process docu-
ment is prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
(C) any project study for the development 
of a non-federally owned and operated surface 
water storage project for which the Secretary 
determines there is a demonstrable Federal in-
terest and the project— 
(i) is located in a river basin where 
other 
Bureau 
of 
Reclamation 
water 
projects are located; 
(ii) will create additional water sup-
plies that support Bureau of Reclamation 
water projects; or 
(iii) will become integrated into the 
operation of Bureau of Reclamation water 
projects. 
(2) 
FLEXIBILITY.—Any 
authority 
granted 
under this section may be exercised, and any re-
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quirement established under this section may be sat-
isfied, for the conduct of an environmental review 
process for a project study, a class of project stud-
ies, or a program of project studies. 
(3) LIST OF PROJECT STUDIES.— 
(A) IN GENERAL.—The Secretary shall an-
nually prepare, and make publicly available, a 
list of all project studies that the Secretary has 
determined— 
(i) meets the standards described in 
paragraph (1); and 
(ii) does not have adequate funding to 
make substantial progress toward the com-
pletion of the project study. 
(B) INCLUSIONS.—The Secretary shall in-
clude for each project study on the list under 
subparagraph (A) a description of the estimated 
amounts necessary to make substantial progress 
on the project study. 
(b) PROJECT REVIEW PROCESS.— 
(1) IN GENERAL.—The Secretary shall develop 
and implement a coordinated environmental review 
process for the development of project studies. 
(2) COORDINATED
REVIEW.—The coordinated 
environmental review process described in paragraph 
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(1) shall require that any review, analysis, opinion, 
statement, permit, license, or other approval or deci-
sion issued or made by a Federal, State, or local 
governmental agency or an Indian tribe for a project 
study described in subsection (b) be conducted, to 
the maximum extent practicable, concurrently with 
any other applicable governmental agency or Indian 
tribe. 
(3) TIMING.—The coordinated environmental 
review process under this subsection shall be com-
pleted not later than the date on which the Sec-
retary, in consultation and concurrence with the 
agencies identified under section 805(d), establishes 
with respect to the project study. 
(c) LEAD AGENCIES.— 
(1) JOINT LEAD AGENCIES.— 
(A) IN GENERAL.—Subject to the require-
ments of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and the 
requirements of section 1506.8 of title 40, Code 
of Federal Regulations (or successor regula-
tions), including the concurrence of the pro-
posed joint lead agency, a project sponsor may 
serve as the joint lead agency. 
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(B) PROJECT
SPONSOR
AS
JOINT
LEAD 
AGENCY.—A project sponsor that is a State or 
local governmental entity may— 
(i) with the concurrence of the Sec-
retary, serve as a joint lead agency with 
the Federal lead agency for purposes of 
preparing any environmental document 
under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) prepare any environmental review 
process document under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) required in support of any 
action or approval by the Secretary if— 
(I) the Secretary provides guid-
ance in the preparation process and 
independently evaluates that docu-
ment; 
(II) the project sponsor complies 
with all requirements applicable to the 
Secretary under— 
(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
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(bb) any regulation imple-
menting that Act; and 
(cc) any other applicable 
Federal law; and 
(III) the Secretary approves and 
adopts the document before the Sec-
retary takes any subsequent action or 
makes any approval based on that 
document, regardless of whether the 
action or approval of the Secretary re-
sults in Federal funding. 
(2) DUTIES.—The Secretary shall ensure 
that— 
(A) the project sponsor complies with all 
design and mitigation commitments made joint-
ly by the Secretary and the project sponsor in 
any environmental document prepared by the 
project sponsor in accordance with this sub-
section; and 
(B) any environmental document prepared 
by the project sponsor is appropriately supple-
mented to address any changes to the project 
the Secretary determines are necessary. 
(3) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance 
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with this subsection shall be adopted and used by 
any Federal agency making any determination re-
lated to the project study to the same extent that 
the Federal agency could adopt or use a document 
prepared by another Federal agency under— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) parts 1500 through 1508 of title 40, 
Code of Federal Regulations (or successor regu-
lations). 
(4) ROLES
AND
RESPONSIBILITY
OF
LEAD 
AGENCY.—With respect to the environmental review 
process for any project study, the Federal lead agen-
cy shall have authority and responsibility— 
(A) to take such actions as are necessary 
and proper and within the authority of the Fed-
eral lead agency to facilitate the expeditious 
resolution of the environmental review process 
for the project study; and 
(B) to prepare or ensure that any required 
environmental impact statement or other envi-
ronmental review document for a project study 
required to be completed under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
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4321 et seq.) is completed in accordance with 
this section and applicable Federal law. 
(d) PARTICIPATING AND COOPERATING AGENCIES.— 
(1) IDENTIFICATION OF JURISDICTIONAL AGEN-
CIES.—With respect to carrying out the environ-
mental review process for a project study, the Sec-
retary shall identify, as early as practicable in the 
environmental review process, all Federal, State, and 
local government agencies and Indian tribes that 
may— 
(A) have jurisdiction over the project; 
(B) be required by law to conduct or issue 
a review, analysis, opinion, or statement for the 
project study; or 
(C) be required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study. 
(2) STATE AUTHORITY.—If the environmental 
review process is being implemented by the Sec-
retary for a project study within the boundaries of 
a State, the State, consistent with State law, may 
choose to participate in the process and to make 
subject to the process all State agencies that— 
(A) have jurisdiction over the project; 
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(B) are required to conduct or issue a re-
view, analysis, opinion, or statement for the 
project study; or 
(C) are required to make a determination 
on issuing a permit, license, or other approval 
or decision for the project study. 
(3) INVITATION.— 
(A) IN GENERAL.—The Federal lead agen-
cy shall invite, as early as practicable in the en-
vironmental review process, any agency identi-
fied under paragraph (1) to become a partici-
pating or cooperating agency, as applicable, in 
the environmental review process for the project 
study. 
(B) DEADLINE.—An invitation to partici-
pate issued under subparagraph (A) shall set a 
deadline by which a response to the invitation 
shall be submitted, which may be extended by 
the Federal lead agency for good cause. 
(4) PROCEDURES.—Section 1501.6 of title 40, 
Code of Federal Regulations (as in effect on the 
date of enactment of the Bureau of Reclamation 
Surface Water Storage Streamlining Act) shall gov-
ern the identification and the participation of a co-
operating agency. 
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(5) FEDERAL
COOPERATING
AGENCIES.—Any 
Federal agency that is invited by the Federal lead 
agency to participate in the environmental review 
process for a project study shall be designated as a 
cooperating agency by the Federal lead agency un-
less the invited agency informs the Federal lead 
agency, in writing, by the deadline specified in the 
invitation that the invited agency— 
(A)(i) has no jurisdiction or authority with 
respect to the project; 
(ii) has no expertise or information rel-
evant to the project; or 
(iii) does not have adequate funds to par-
ticipate in the project; and 
(B) does not intend to submit comments 
on the project. 
(6) ADMINISTRATION.—A participating or co-
operating agency shall comply with this section and 
any schedule established under this section. 
(7) EFFECT OF DESIGNATION.—Designation as 
a participating or cooperating agency under this 
subsection shall not imply that the participating or 
cooperating agency— 
(A) supports a proposed project; or 
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(B) has any jurisdiction over, or special ex-
pertise with respect to evaluation of, the 
project. 
(8) CONCURRENT
REVIEWS.—Each partici-
pating or cooperating agency shall— 
(A) carry out the obligations of that agen-
cy under other applicable law concurrently and 
in conjunction with the required environmental 
review process, unless doing so would prevent 
the participating or cooperating agency from 
conducting needed analysis or otherwise car-
rying out those obligations; and 
(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible manner. 
(e) NON-FEDERAL PROJECTS INTEGRATED INTO 
RECLAMATION SYSTEMS.—The Federal lead agency shall 
serve in that capacity for the entirety of all non-Federal 
projects that will be integrated into a larger system owned, 
operated or administered in whole or in part by the Bu-
reau of Reclamation. 
(f) NON-FEDERAL PROJECT.—If the Secretary deter-
mines that a project can be expedited by a non-Federal 
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sponsor and that there is a demonstrable Federal interest 
in expediting that project, the Secretary shall take such 
actions as are necessary to advance such a project as a 
non-Federal project, including, but not limited to, entering 
into agreements with the non-Federal sponsor of such 
project to support the planning, design and permitting of 
such project as a non-Federal project. 
(g) PROGRAMMATIC COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary shall issue 
guidance regarding the use of programmatic ap-
proaches to carry out the environmental review proc-
ess that— 
(A) eliminates repetitive discussions of the 
same issues; 
(B) focuses on the actual issues ripe for 
analyses at each level of review; 
(C) establishes a formal process for coordi-
nating with participating and cooperating agen-
cies, including the creation of a list of all data 
that are needed to carry out an environmental 
review process; and 
(D) complies with— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) all other applicable laws. 
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(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall— 
(A) as the first step in drafting guidance 
under that paragraph, consult with relevant 
Federal, State, and local governmental agen-
cies, Indian tribes, and the public on the appro-
priate use and scope of the programmatic ap-
proaches; 
(B) emphasize the importance of collabora-
tion among relevant Federal, State, and local 
governmental agencies, and Indian tribes in un-
dertaking programmatic reviews, especially with 
respect to including reviews with a broad geo-
graphical scope; 
(C) ensure that the programmatic re-
views— 
(i) promote transparency, including of 
the analyses and data used in the environ-
mental review process, the treatment of 
any deferred issues raised by Federal, 
State, and local governmental agencies, In-
dian tribes, or the public, and the temporal 
and special scales to be used to analyze 
those issues; 
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(ii) use accurate and timely informa-
tion in the environmental review process, 
including— 
(I) criteria for determining the 
general duration of the usefulness of 
the review; and 
(II) the timeline for updating any 
out-of-date review; 
(iii) describe— 
(I) the relationship between pro-
grammatic analysis and future tiered 
analysis; and 
(II) the role of the public in the 
creation of future tiered analysis; and 
(iv) are available to other relevant 
Federal, State, and local governmental 
agencies, Indian tribes, and the public; 
(D) allow not fewer than 60 days of public 
notice and comment on any proposed guidance; 
and 
(E) address any comments received under 
subparagraph (D). 
(h) COORDINATED REVIEWS.— 
(1) COORDINATION PLAN.— 
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(A) ESTABLISHMENT.—The Federal lead 
agency shall, after consultation with and with 
the concurrence of each participating and co-
operating agency and the project sponsor or 
joint lead agency, as applicable, establish a plan 
for coordinating public and agency participation 
in, and comment on, the environmental review 
process for a project study or a category of 
project studies. 
(B) SCHEDULE.— 
(i) IN GENERAL.—As soon as prac-
ticable but not later than 45 days after the 
close of the public comment period on a 
draft environmental impact statement, the 
Federal lead agency, after consultation 
with and the concurrence of each partici-
pating and cooperating agency and the 
project sponsor or joint lead agency, as ap-
plicable, shall establish, as part of the co-
ordination plan established in subpara-
graph (A), a schedule for completion of the 
environmental review process for the 
project study. 
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(ii) FACTORS FOR CONSIDERATION.— 
In establishing a schedule, the Secretary 
shall consider factors such as— 
(I) the responsibilities of partici-
pating and cooperating agencies under 
applicable laws; 
(II) the resources available to the 
project sponsor, joint lead agency, and 
other relevant Federal and State 
agencies, as applicable; 
(III) the overall size and com-
plexity of the project; 
(IV) the overall schedule for and 
cost of the project; and 
(V) the sensitivity of the natural 
and historical resources that could be 
affected by the project. 
(iii) MODIFICATIONS.—The Secretary 
may— 
(I) lengthen a schedule estab-
lished under clause (i) for good cause; 
and 
(II) shorten a schedule only with 
concurrence of the affected partici-
pating and cooperating agencies and 
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the project sponsor or joint lead agen-
cy, as applicable. 
(iv) DISSEMINATION.—A copy of a 
schedule established under clause (i) shall 
be— 
(I) provided to each participating 
and cooperating agency and the 
project sponsor or joint lead agency, 
as applicable; and 
(II) made available to the public. 
(2) COMMENT DEADLINES.—The Federal lead 
agency shall establish the following deadlines for 
comment during the environmental review process 
for a project study: 
(A) 
DRAFT
ENVIRONMENTAL
IMPACT 
STATEMENTS.—For comments by Federal and 
State agencies and the public on a draft envi-
ronmental impact statement, a period of not 
more than 60 days after publication in the Fed-
eral Register of notice of the date of public 
availability of the draft environmental impact 
statement, unless— 
(i) a different deadline is established 
by agreement of the Federal lead agency, 
the project sponsor or joint lead agency, as 
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applicable, and all participating and co-
operating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(B) 
OTHER
ENVIRONMENTAL
REVIEW 
PROCESSES.—For all other comment periods es-
tablished by the Federal lead agency for agency 
or public comments in the environmental review 
process, a period of not more than 30 days 
after the date on which the materials on which 
comment is requested are made available, un-
less— 
(i) a different deadline is established 
by agreement of the Federal lead agency, 
the project sponsor, or joint lead agency, 
as applicable, and all participating and co-
operating agencies; or 
(ii) the deadline is extended by the 
Federal lead agency for good cause. 
(3) DEADLINES FOR DECISIONS UNDER OTHER 
LAWS.—In any case in which a decision under any 
Federal law relating to a project study, including the 
issuance or denial of a permit or license, is required 
to be made by the date described in subsection 
(i)(5)(B), the Secretary shall submit to the Com-
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mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
(A) as soon as practicable after the 180- 
day period described in subsection (i)(5)(B), an 
initial notice of the failure of the Federal agen-
cy to make the decision; and 
(B) every 60 days thereafter until such 
date as all decisions of the Federal agency re-
lating to the project study have been made by 
the Federal agency, an additional notice that 
describes the number of decisions of the Fed-
eral agency that remain outstanding as of the 
date of the additional notice. 
(4) INVOLVEMENT OF THE PUBLIC.—Nothing 
in this subsection reduces any time period provided 
for public comment in the environmental review 
process under applicable Federal law (including reg-
ulations). 
(5) TRANSPARENCY REPORTING.— 
(A) 
REPORTING
REQUIREMENTS.—Not 
later than 1 year after the date of enactment of 
this Act, the Secretary shall establish and main-
tain an electronic database and, in coordination 
with other Federal and State agencies, issue re-
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porting requirements to make publicly available 
the status and progress with respect to compli-
ance with applicable requirements of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and any other Federal, 
State, or local approval or action required for a 
project study for which this section is applica-
ble. 
(B) PROJECT
STUDY
TRANSPARENCY.— 
Consistent with the requirements established 
under subparagraph (A), the Secretary shall 
make publicly available the status and progress 
of any Federal, State, or local decision, action, 
or approval required under applicable laws for 
each project study for which this section is ap-
plicable. 
(i) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) COOPERATION.—The Federal lead agency, 
the cooperating agencies, and any participating 
agencies shall work cooperatively in accordance with 
this section to identify and resolve issues that could 
delay completion of the environmental review process 
or result in the denial of any approval required for 
the project study under applicable laws. 
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(2) FEDERAL
LEAD
AGENCY
RESPONSIBIL-
ITIES.— 
(A) IN GENERAL.—The Federal lead agen-
cy shall make information available to the co-
operating agencies and participating agencies as 
early as practicable in the environmental review 
process regarding the environmental and socio-
economic resources located within the project 
area and the general locations of the alter-
natives under consideration. 
(B) DATA
SOURCES.—The information 
under subparagraph (A) may be based on exist-
ing data sources, including geographic informa-
tion systems mapping. 
(3) COOPERATING AND PARTICIPATING AGENCY 
RESPONSIBILITIES.—Based on information received 
from the Federal lead agency, cooperating and par-
ticipating agencies shall identify, as early as prac-
ticable, any issues of concern regarding the potential 
environmental or socioeconomic impacts of the 
project, including any issues that could substantially 
delay or prevent an agency from granting a permit 
or other approval that is needed for the project 
study. 
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(4) ACCELERATED
ISSUE
RESOLUTION
AND 
ELEVATION.— 
(A) IN
GENERAL.—On the request of a 
participating or cooperating agency or project 
sponsor, the Secretary shall convene an issue 
resolution meeting with the relevant partici-
pating and cooperating agencies and the project 
sponsor or joint lead agency, as applicable, to 
resolve issues that may— 
(i) delay completion of the environ-
mental review process; or 
(ii) result in denial of any approval re-
quired for the project study under applica-
ble laws. 
(B) MEETING DATE.—A meeting requested 
under this paragraph shall be held not later 
than 21 days after the date on which the Sec-
retary receives the request for the meeting, un-
less the Secretary determines that there is good 
cause to extend that deadline. 
(C) NOTIFICATION.—On receipt of a re-
quest for a meeting under this paragraph, the 
Secretary shall notify all relevant participating 
and cooperating agencies of the request, includ-
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131 
ing the issue to be resolved and the date for the 
meeting. 
(D) ELEVATION OF ISSUE RESOLUTION.— 
If a resolution cannot be achieved within the 
30-day period beginning on the date of a meet-
ing under this paragraph and a determination 
is made by the Secretary that all information 
necessary to resolve the issue has been ob-
tained, the Secretary shall forward the dispute 
to the heads of the relevant agencies for resolu-
tion. 
(E) CONVENTION
BY
SECRETARY.—The 
Secretary may convene an issue resolution 
meeting under this paragraph at any time, at 
the discretion of the Secretary, regardless of 
whether a meeting is requested under subpara-
graph (A). 
(5) FINANCIAL PENALTY PROVISIONS.— 
(A) IN GENERAL.—A Federal jurisdictional 
agency shall complete any required approval or 
decision for the environmental review process 
on an expeditious basis using the shortest exist-
ing applicable process. 
(B) FAILURE TO DECIDE.— 
(i) IN GENERAL.— 
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(I) TRANSFER OF FUNDS.—If a 
Federal jurisdictional agency fails to 
render a decision required under any 
Federal law relating to a project study 
that requires the preparation of an 
environmental impact statement or 
environmental assessment, including 
the issuance or denial of a permit, li-
cense, statement, opinion, or other ap-
proval by the date described in clause 
(ii), the amount of funds made avail-
able to support the office of the head 
of the Federal jurisdictional agency 
shall be reduced by an amount of 
funding equal to the amount specified 
in item (aa) or (bb) of subclause (II), 
and those funds shall be made avail-
able to the division of the Federal ju-
risdictional agency charged with ren-
dering the decision by not later than 
1 day after the applicable date under 
clause (ii), and once each week there-
after until a final decision is rendered, 
subject to subparagraph (C). 
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(II) AMOUNT
TO
BE
TRANS-
FERRED.—The amount referred to in 
subclause (I) is— 
(aa) $20,000 for any project 
study requiring the preparation 
of an environmental assessment 
or environmental impact state-
ment; or 
(bb) $10,000 for any project 
study requiring any type of re-
view under the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) other than 
an environmental assessment or 
environmental impact statement. 
(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is the later 
of— 
(I) the date that is 180 days 
after the date on which an application 
for the permit, license, or approval is 
complete; and 
(II) the date that is 180 days 
after the date on which the Federal 
lead agency issues a decision on the 
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project under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(C) LIMITATIONS.— 
(i) IN
GENERAL.—No transfer of 
funds under subparagraph (B) relating to 
an individual project study shall exceed, in 
any fiscal year, an amount equal to 1 per-
cent of the funds made available for the 
applicable agency office. 
(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a 
decision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
funds made available for the applicable 
agency office for that fiscal year. 
(iii) 
AGGREGATE.—Notwithstanding 
any other provision of law, for each fiscal 
year, the aggregate amount of financial 
penalties assessed against each applicable 
agency office under this Act and any other 
Federal law as a result of a failure of the 
agency to make a decision by an applicable 
deadline for environmental review, includ-
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ing the total amount transferred under this 
paragraph, shall not exceed an amount 
equal to 9.5 percent of the funds made 
available for the agency office for that fis-
cal year. 
(D) NO FAULT OF AGENCY.— 
(i) IN GENERAL.—A transfer of funds 
under this paragraph shall not be made if 
the applicable agency described in subpara-
graph (A) notifies, with a supporting ex-
planation, the Federal lead agency, cooper-
ating agencies, and project sponsor, as ap-
plicable, that— 
(I) the agency has not received 
necessary information or approvals 
from another entity in a manner that 
affects the ability of the agency to 
meet any requirements under Federal, 
State, or local law; 
(II) significant new information, 
including from public comments, or 
circumstances, 
including 
a 
major 
modification to an aspect of the 
project, requires additional analysis 
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for the agency to make a decision on 
the project application; or 
(III) the agency lacks the finan-
cial resources to complete the review 
under the scheduled timeframe, in-
cluding a description of the number of 
full-time employees required to com-
plete the review, the amount of fund-
ing required to complete the review, 
and a justification as to why not 
enough funding is available to com-
plete the review by the deadline. 
(ii) 
LACK
OF
FINANCIAL
RE-
SOURCES.—If the agency provides notice 
under clause (i)(III), the Inspector General 
of the agency shall— 
(I) conduct a financial audit to 
review the notice; and 
(II) not later than 90 days after 
the date on which the review described 
in subclause (I) is completed, submit 
to the Committee on Natural Re-
sources of the House of Representa-
tives and the Committee on Energy 
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and Natural Resources of the Senate 
a notification on the notice. 
(E) LIMITATION.—The Federal agency 
from which funds are transferred pursuant to 
this paragraph shall not reprogram funds to the 
office of the head of the agency, or equivalent 
office, to reimburse that office for the loss of 
the funds. 
(F) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects or limits the application 
of, or obligation to comply with, any Federal, 
State, local, or tribal law. 
(j) MEMORANDUM OF AGREEMENTS FOR EARLY CO-
ORDINATION.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) the Secretary and other Federal agen-
cies with relevant jurisdiction in the environ-
mental review process should cooperate with 
each other, State and local agencies, and Indian 
tribes on environmental review and Bureau of 
Reclamation project delivery activities at the 
earliest practicable time to avoid delays and du-
plication of effort later in the process, prevent 
potential conflicts, and ensure that planning 
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and project development decisions reflect envi-
ronmental values; and 
(B) the cooperation referred to in subpara-
graph (A) should include the development of 
policies and the designation of staff that advise 
planning agencies and project sponsors of stud-
ies or other information foreseeably required for 
later Federal action and early consultation with 
appropriate State and local agencies and Indian 
tribes. 
(2) TECHNICAL ASSISTANCE.—If requested at 
any time by a State or project sponsor, the Sec-
retary and other Federal agencies with relevant ju-
risdiction in the environmental review process, shall, 
to the maximum extent practicable and appropriate, 
as determined by the agencies, provide technical as-
sistance to the State or project sponsor in carrying 
out early coordination activities. 
(3) MEMORANDUM OF AGENCY AGREEMENT.— 
If requested at any time by a State or project spon-
sor, the Federal lead agency, in consultation with 
other Federal agencies with relevant jurisdiction in 
the environmental review process, may establish 
memoranda of agreement with the project sponsor, 
Indian tribes, State and local governments, and 
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other appropriate entities to carry out the early co-
ordination activities, including providing technical 
assistance in identifying potential impacts and miti-
gation issues in an integrated fashion. 
(k) LIMITATIONS.—Nothing in this section preempts 
or interferes with— 
(1) any obligation to comply with the provisions 
of any Federal law, including— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(B) any other Federal environmental law; 
(2) the reviewability of any final Federal agency 
action in a court of the United States or in the court 
of any State; 
(3) any requirement for seeking, considering, or 
responding to public comment; or 
(4) any power, jurisdiction, responsibility, duty, 
or authority that a Federal, State, or local govern-
mental agency, Indian tribe, or project sponsor has 
with respect to carrying out a project or any other 
provision of law applicable to projects. 
(l) TIMING OF CLAIMS.— 
(1) TIMING.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, a claim arising under 
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Federal law seeking judicial review of a permit, 
license, or other approval issued by a Federal 
agency for a project study shall be barred un-
less the claim is filed not later than 3 years 
after publication of a notice in the Federal Reg-
ister announcing that the permit, license, or 
other approval is final pursuant to the law 
under which the agency action is taken, unless 
a shorter time is specified in the Federal law 
that allows judicial review. 
(B) APPLICABILITY.—Nothing in this sub-
section creates a right to judicial review or 
places any limit on filing a claim that a person 
has violated the terms of a permit, license, or 
other approval. 
(2) NEW INFORMATION.— 
(A) IN
GENERAL.—The Secretary shall 
consider new information received after the 
close of a comment period if the information 
satisfies the requirements for a supplemental 
environmental impact statement under title 40, 
Code of Federal Regulations (including suc-
cessor regulations). 
(B) SEPARATE ACTION.—The preparation 
of a supplemental environmental impact state-
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141 
ment or other environmental document, if re-
quired under this section, shall be considered a 
separate final agency action and the deadline 
for filing a claim for judicial review of the ac-
tion shall be 3 years after the date of publica-
tion of a notice in the Federal Register an-
nouncing the action relating to such supple-
mental environmental impact statement or 
other environmental document. 
(m) CATEGORICAL EXCLUSIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall— 
(A) survey the use by the Bureau of Rec-
lamation of categorical exclusions in projects 
since 2005; 
(B) publish a review of the survey that in-
cludes a description of— 
(i) the types of actions that were cat-
egorically excluded or could be the basis 
for developing a new categorical exclusion; 
and 
(ii) any requests previously received 
by the Secretary for new categorical exclu-
sions; and 
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(C) solicit requests from other Federal 
agencies and project sponsors for new categor-
ical exclusions. 
(2) NEW
CATEGORICAL
EXCLUSIONS.—Not 
later than 1 year after the date of enactment of this 
Act, if the Secretary has identified a category of ac-
tivities that merit establishing a categorical exclusion 
that did not exist on the day before the date of en-
actment this Act based on the review under para-
graph (1), the Secretary shall publish a notice of 
proposed rulemaking to propose that new categorical 
exclusion, to the extent that the categorical exclusion 
meets the criteria for a categorical exclusion under 
section 1508.4 of title 40, Code of Federal Regula-
tions (or successor regulation). 
(n) REVIEW
OF
PROJECT
ACCELERATION
RE-
FORMS.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall— 
(A) assess the reforms carried out under 
this section; and 
(B) not later than 5 years and not later 
than 10 years after the date of enactment of 
this Act, submit to the Committee on Natural 
Resources of the House of Representatives and 
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the Committee on Energy and Natural Re-
sources of the Senate a report that describes 
the results of the assessment. 
(2) CONTENTS.—The reports under paragraph 
(1) shall include an evaluation of impacts of the re-
forms carried out under this section on— 
(A) project delivery; 
(B) compliance with environmental laws; 
and 
(C) the environmental impact of projects. 
(o) PERFORMANCE MEASUREMENT.—The Secretary 
shall establish a program to measure and report on 
progress made toward improving and expediting the plan-
ning and environmental review process. 
(p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 
For the repair, reconstruction, or rehabilitation of a Bu-
reau of Reclamation surface water storage project that is 
in operation or under construction when damaged by an 
event or incident that results in a declaration by the Presi-
dent of a major disaster or emergency pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.), the Secretary shall 
treat such repair, reconstruction, or rehabilitation activity 
as a class of action categorically excluded from the re-
quirements relating to environmental assessments or envi-
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ronmental impact statements under section 1508.4 of title 
40, Code of Federal Regulations (or successor regula-
tions), if the repair or reconstruction activity is— 
(1) in the same location with the same capacity, 
dimensions, and design as the original Bureau of 
Reclamation surface water storage project as before 
the declaration described in this section; and 
(2) commenced within a 2-year period begin-
ning on the date of a declaration described in this 
subsection. 
SEC. 806. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than February 1 of each 
year, the Secretary shall develop and submit to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate an annual report, to be entitled ‘‘Re-
port to Congress on Future Water Project Development’’, 
that identifies the following: 
(1) PROJECT
REPORTS.—Each project report 
that meets the criteria established in subsection 
(c)(1)(A). 
(2) PROPOSED
PROJECT
STUDIES.—Any pro-
posed project study submitted to the Secretary by a 
non-Federal interest pursuant to subsection (b) that 
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meets 
the 
criteria 
established 
in 
subsection 
(c)(1)(A). 
(3) PROPOSED MODIFICATIONS.—Any proposed 
modification to an authorized water project or 
project study that meets the criteria established in 
subsection (c)(1)(A) that— 
(A) is submitted to the Secretary by a non- 
Federal interest pursuant to subsection (b); or 
(B) is identified by the Secretary for au-
thorization. 
(4) EXPEDITED COMPLETION OF REPORT AND 
DETERMINATIONS.—Any project study that was ex-
pedited and any Secretarial determinations under 
section 804. 
(b) REQUESTS FOR PROPOSALS.— 
(1) PUBLICATION.—Not later than May 1 of 
each year, the Secretary shall publish in the Federal 
Register a notice requesting proposals from non- 
Federal interests for proposed project studies and 
proposed modifications to authorized projects and 
project studies to be included in the annual report. 
(2) DEADLINE FOR REQUESTS.—The Secretary 
shall include in each notice required by this sub-
section a requirement that non-Federal interests 
submit to the Secretary any proposals described in 
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paragraph (1) by not later than 120 days after the 
date of publication of the notice in the Federal Reg-
ister in order for the proposals to be considered for 
inclusion in the annual report. 
(3) NOTIFICATION.—On the date of publication 
of each notice required by this subsection, the Sec-
retary shall— 
(A) make the notice publicly available, in-
cluding on the Internet; and 
(B) provide written notification of the pub-
lication to the Committee on Natural Resources 
of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the 
Senate. 
(c) CONTENTS.— 
(1) PROJECT
REPORTS, PROPOSED
PROJECT 
STUDIES, AND PROPOSED MODIFICATIONS.— 
(A) CRITERIA
FOR
INCLUSION
IN
RE-
PORT.—The Secretary shall include in the an-
nual report only those project reports, proposed 
project studies, and proposed modifications to 
authorized projects and project studies that— 
(i) are related to the missions and au-
thorities of the Bureau of Reclamation; 
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(ii) require specific congressional au-
thorization, including by an Act of Con-
gress; 
(iii) have not been congressionally au-
thorized; 
(iv) have not been included in any 
previous annual report; and 
(v) if authorized, could be carried out 
by the Bureau of Reclamation. 
(B) DESCRIPTION OF BENEFITS.— 
(i) 
DESCRIPTION.—The 
Secretary 
shall describe in the annual report, to the 
extent applicable and practicable, for each 
proposed project study and proposed modi-
fication to an authorized water resources 
development project or project study in-
cluded in the annual report, the benefits, 
as described in clause (ii), of each such 
study or proposed modification. 
(ii) BENEFITS.—The benefits (or ex-
pected benefits, in the case of a proposed 
project study) described in this clause are 
benefits to— 
(I) the protection of human life 
and property; 
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(II) improvement to domestic ir-
rigated water and power supplies; 
(III) the national economy; 
(IV) the environment; or 
(V) the national security inter-
ests of the United States. 
(C) IDENTIFICATION
OF
OTHER
FAC-
TORS.—The Secretary shall identify in the an-
nual report, to the extent practicable— 
(i) for each proposed project study in-
cluded in the annual report, the non-Fed-
eral interest that submitted the proposed 
project study pursuant to subsection (b); 
and 
(ii) for each proposed project study 
and proposed modification to a project or 
project study included in the annual re-
port, whether the non-Federal interest has 
demonstrated— 
(I) that local support exists for 
the proposed project study or pro-
posed modification to an authorized 
project or project study (including the 
surface water storage development 
project that is the subject of the pro-
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posed feasibility study or the proposed 
modification to an authorized project 
study); and 
(II) the financial ability to pro-
vide the required non-Federal cost 
share. 
(2) TRANSPARENCY.—The Secretary shall in-
clude in the annual report, for each project report, 
proposed project study, and proposed modification to 
a project or project study included under paragraph 
(1)(A)— 
(A) the name of the associated non-Fed-
eral interest, including the name of any non- 
Federal interest that has contributed, or is ex-
pected to contribute, a non-Federal share of the 
cost of— 
(i) the project report; 
(ii) the proposed project study; 
(iii) the authorized project study for 
which the modification is proposed; or 
(iv) construction of— 
(I) the project that is the subject 
of— 
(aa) the water report; 
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(bb) the proposed project 
study; or 
(cc) the authorized project 
study for which a modification is 
proposed; or 
(II) the proposed modification to 
a project; 
(B) a letter or statement of support for the 
water report, proposed project study, or pro-
posed modification to a project or project study 
from each associated non-Federal interest; 
(C) the purpose of the feasibility report, 
proposed feasibility study, or proposed modi-
fication to a project or project study; 
(D) an estimate, to the extent practicable, 
of the Federal, non-Federal, and total costs 
of— 
(i) the proposed modification to an 
authorized project study; and 
(ii) construction of— 
(I) the project that is the subject 
of— 
(aa) the project report; or 
(bb) the authorized project 
study for which a modification is 
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proposed, with respect to the 
change in costs resulting from 
such modification; or 
(II) the proposed modification to 
an authorized project; and 
(E) an estimate, to the extent practicable, 
of the monetary and nonmonetary benefits of— 
(i) the project that is the subject of— 
(I) the project report; or 
(II) the authorized project study 
for which a modification is proposed, 
with respect to the benefits of such 
modification; or 
(ii) the proposed modification to an 
authorized project. 
(3) CERTIFICATION.—The Secretary shall in-
clude in the annual report a certification stating 
that each feasibility report, proposed feasibility 
study, and proposed modification to a project or 
project study included in the annual report meets 
the criteria established in paragraph (1)(A). 
(4) APPENDIX.—The Secretary shall include in 
the annual report an appendix listing the proposals 
submitted under subsection (b) that were not in-
cluded in the annual report under paragraph (1)(A) 
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and a description of why the Secretary determined 
that those proposals did not meet the criteria for in-
clusion under such paragraph. 
(d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 
Notwithstanding any other deadlines required by this sec-
tion, the Secretary shall— 
(1) not later than 60 days after the date of en-
actment of this Act, publish in the Federal Register 
a notice required by subsection (b)(1); and 
(2) include in such notice a requirement that 
non-Federal interests submit to the Secretary any 
proposals described in subsection (b)(1) by not later 
than 120 days after the date of publication of such 
notice in the Federal Register in order for such pro-
posals to be considered for inclusion in the first an-
nual report developed by the Secretary under this 
section. 
(e) PUBLICATION.—Upon submission of an annual 
report to Congress, the Secretary shall make the annual 
report publicly available, including through publication on 
the Internet. 
(f) DEFINITION.—In this section, the term ‘‘project 
report’’ means a final feasibility report developed under 
the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto. 
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TITLE IX—ACCELERATED REV-
ENUE, REPAYMENT, AND SUR-
FACE WATER STORAGE EN-
HANCEMENT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Accelerated Revenue, 
Repayment, and Surface Water Storage Enhancement 
Act’’. 
SEC. 902. PREPAYMENT OF CERTAIN REPAYMENT CON-
TRACTS BETWEEN THE UNITED STATES AND 
CONTRACTORS OF FEDERALLY DEVELOPED 
WATER SUPPLIES. 
(a) CONVERSION
AND
PREPAYMENT
OF
CON-
TRACTS.— 
(1) CONVERSION.—Upon request of the con-
tractor, the Secretary of the Interior shall convert 
any water service contract in effect on the date of 
enactment of this Act and between the United 
States and a water users’ association to allow for 
prepayment of the repayment contract pursuant to 
paragraph (2) under mutually agreeable terms and 
conditions. The manner of conversion under this 
paragraph shall be as follows: 
(A) Water service contracts that were en-
tered into under section 9(e) of the Act of Au-
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gust 4, 1939 (53 Stat. 1196), to be converted 
under this section shall be converted to repay-
ment contracts under section 9(d) of that Act 
(53 Stat. 1195). 
(B) Water service contracts that were en-
tered under subsection (c)(2) of section 9 of the 
Act of August 4, 1939 (53 Stat. 1194), to be 
converted under this section shall be converted 
to a contract under subsection (c)(1) of section 
9 of that Act (53 Stat. 1195). 
(2) PREPAYMENT.—All repayment contracts 
under section 9(d) of that Act (53 Stat. 1195) in ef-
fect on the date of enactment of this Act and all 
contracts converted pursuant to paragraph (1)(A) 
shall— 
(A) upon request of the contractor, provide 
for the repayment, either in lump sum or by ac-
celerated prepayment, of the remaining con-
struction costs identified in water project spe-
cific irrigation rate repayment schedules, as ad-
justed to reflect payment not reflected in such 
schedule, and properly assignable for ultimate 
return by the contractor, or if made in approxi-
mately equal installments, no later than 3 years 
after the effective date of the repayment con-
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tract; such amount to be discounted by 1⁄2 the 
Treasury rate. An estimate of the remaining 
construction costs, as adjusted, shall be pro-
vided by the Secretary to the contractor no 
later than 90 days following receipt of request 
of the contractor; 
(B) require that construction costs or 
other capitalized costs incurred after the effec-
tive date of the contract or not reflected in the 
rate schedule referenced in subparagraph (A), 
and properly assignable to such contractor shall 
be repaid in not more than 5 years after notifi-
cation of the allocation if such amount is a re-
sult of a collective annual allocation of capital 
costs to the contractors exercising contract con-
versation under this subsection of less than 
$5,000,000. If such amount is $5,000,000 or 
greater, such cost shall be repaid as provided by 
applicable reclamation law; 
(C) provide that power revenues will not be 
available to aid in repayment of construction 
costs allocated to irrigation under the contract; 
and 
(D) continue so long as the contractor 
pays applicable charges, consistent with section 
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9(d) of the Act of August 4, 1939 (53 Stat. 
1195), and applicable law. 
(3) CONTRACT REQUIREMENTS.—The following 
shall apply with regard to all repayment contracts 
under subsection (c)(1) of section 9 of that Act (53 
Stat. 1195) in effect on the date of enactment of 
this Act and all contracts converted pursuant to 
paragraph (1)(B): 
(A) Upon request of the contractor, pro-
vide for the repayment in lump sum of the re-
maining construction costs identified in water 
project specific municipal and industrial rate re-
payment schedules, as adjusted to reflect pay-
ments not reflected in such schedule, and prop-
erly assignable for ultimate return by the con-
tractor. An estimate of the remaining construc-
tion costs, as adjusted, shall be provided by the 
Secretary to the contractor no later than 90 
days after receipt of request of contractor. 
(B) The contract shall require that con-
struction costs or other capitalized costs in-
curred after the effective date of the contract or 
not reflected in the rate schedule referenced in 
subparagraph (A), and properly assignable to 
such contractor, shall be repaid in not more 
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than 5 years after notification of the allocation 
if such amount is a result of a collective annual 
allocation of capital costs to the contractors ex-
ercising contract conversation under this sub-
section of less than $5,000,000. If such amount 
is $5,000,000 or greater, such cost shall be re-
paid as provided by applicable reclamation law. 
(C) Continue so long as the contractor 
pays applicable charges, consistent with section 
9(c)(1) of the Act of August 4, 1939 (53 Stat. 
1195), and applicable law. 
(4) CONDITIONS.—All contracts entered into 
pursuant to paragraphs (1), (2), and (3) shall— 
(A) not be adjusted on the basis of the 
type of prepayment financing used by the water 
users’ association; 
(B) conform to any other agreements, such 
as applicable settlement agreements and new 
constructed appurtenant facilities; and 
(C) not modify other water service, repay-
ment, exchange and transfer contractual rights 
between the water users’ association, and the 
Bureau of Reclamation, or any rights, obliga-
tions, or relationships of the water users’ asso-
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ciation and their landowners as provided under 
State law. 
(b) ACCOUNTING.—The amounts paid pursuant to 
subsection (a) shall be subject to adjustment following a 
final cost allocation by the Secretary of the Interior. In 
the event that the final cost allocation indicates that the 
costs properly assignable to the contractor are greater 
than what has been paid by the contractor, the contractor 
shall be obligated to pay the remaining allocated costs. 
The term of such additional repayment contract shall be 
not less than one year and not more than 10 years, how-
ever, mutually agreeable provisions regarding the rate of 
repayment of such amount may be developed by the par-
ties. In the event that the final cost allocation indicates 
that the costs properly assignable to the contractor are 
less than what the contractor has paid, the Secretary shall 
credit such overpayment as an offset against any out-
standing or future obligation of the contractor. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.— 
(1) EFFECT OF EXISTING LAW.—Upon a con-
tractor’s compliance with and discharge of the obli-
gation of repayment of the construction costs pursu-
ant to a contract entered into pursuant to subsection 
(a)(2)(A), subsections (a) and (b) of section 213 of 
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the Reclamation Reform Act of 1982 (96 Stat. 
1269) shall apply to affected lands. 
(2) EFFECT OF OTHER OBLIGATIONS.—The ob-
ligation of a contractor to repay construction costs 
or other capitalized costs described in subsection 
(a)(2)(B), (a)(3)(B), or (b) shall not affect a con-
tractor’s status as having repaid all of the construc-
tion costs assignable to the contractor or the appli-
cability of subsections (a) and (b) of section 213 of 
the Reclamation Reform Act of 1982 (96 Stat. 
1269) once the amount required to be paid by the 
contractor under the repayment contract entered 
into pursuant to subsection (a)(2)(A) have been 
paid. 
(d) EFFECT ON EXISTING LAW NOT ALTERED.—Im-
plementation of the provisions of this title shall not alter— 
(1) the repayment obligation of any water serv-
ice or repayment contractor receiving water from the 
same water project, or shift any costs that would 
otherwise have been properly assignable to the water 
users’ association identified in subsections (a)(1), 
(a)(2), and (a)(3) absent this section, including op-
eration and maintenance costs, construction costs, or 
other capitalized costs incurred after the date of the 
enactment of this Act, or to other contractors; and 
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