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after, the Secretary, in consultation with each Rio 
Grande Pueblo, shall— 
(A) review the report submitted under para-
graph (4); and 
(B) update the list of projects described in 
paragraph (4)(A) in accordance with each factor 
described in paragraph (2)(B), as the Secretary 
determines to be appropriate. 
(d) IRRIGATION INFRASTRUCTURE GRANTS.— 
(1) IN GENERAL.—The Secretary may provide 
grants to, and enter into contracts or other agree-
ments with, the Rio Grande Pueblos to plan, design, 
construct, or otherwise implement projects to repair, 
rehabilitate, reconstruct, or replace Pueblo irrigation 
infrastructure that are recommended for implementa-
tion under subsection (c)(1)(A)(ii)— 
(A) to increase water use efficiency and ag-
ricultural productivity for the benefit of a Rio 
Grande Pueblo; 
(B) to conserve water; or 
(C) to otherwise enhance water management 
or help avert water supply conflicts in the Rio 
Grande Basin. 
(2) LIMITATION.—Assistance provided under 
paragraph (1) shall not be used for—
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† HR 146 EAS 
(A) the repair, rehabilitation, or reconstruc-
tion of any major impoundment structure; or 
(B) any on-farm improvements. 
(3) CONSULTATION.—In carrying out a project 
under paragraph (1), the Secretary shall— 
(A) consult with, and obtain the approval 
of, the applicable Rio Grande Pueblo; 
(B) consult with the Director of the Bureau 
of Indian Affairs; and 
(C) as appropriate, coordinate the project 
with any work being conducted under the irriga-
tion operations and maintenance program of the 
Bureau of Indian Affairs. 
(4) COST-SHARING REQUIREMENT.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Federal share of the total 
cost of carrying out a project under para-
graph (1) shall be not more than 75 percent. 
(ii) EXCEPTION.—The Secretary may 
waive or limit the non-Federal share re-
quired under clause (i) if the Secretary de-
termines, based on a demonstration of fi-
nancial hardship by the Rio Grande Pueblo,
831 
† HR 146 EAS 
that the Rio Grande Pueblo is unable to 
contribute the required non-Federal share. 
(B) DISTRICT CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may 
accept from the District a partial or total 
contribution toward the non-Federal share 
required for a project carried out under 
paragraph (1) on land located in any of the 
Six Middle Rio Grande Pueblos if the Sec-
retary determines that the project is a spe-
cial project. 
(ii) LIMITATION.—Nothing in clause 
(i) requires the District to contribute to the 
non-Federal share of the cost of a project 
carried out under paragraph (1). 
(C) STATE CONTRIBUTIONS.— 
(i) IN GENERAL.—The Secretary may 
accept from the State a partial or total con-
tribution toward the non-Federal share for 
a project carried out under paragraph (1). 
(ii) LIMITATION.—Nothing in clause 
(i) requires the State to contribute to the 
non-Federal share of the cost of a project 
carried out under paragraph (1).
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† HR 146 EAS 
(D) FORM OF NON-FEDERAL SHARE.—The 
non-Federal share under subparagraph (A)(i) 
may be in the form of in-kind contributions, in-
cluding the contribution of any valuable asset or 
service that the Secretary determines would sub-
stantially contribute to a project carried out 
under paragraph (1). 
(5) OPERATION
AND
MAINTENANCE.—The Sec-
retary may not use any amount made available 
under subsection (g)(2) to carry out the operation or 
maintenance of any project carried out under para-
graph (1). 
(e) EFFECT ON EXISTING AUTHORITY AND RESPON-
SIBILITIES.—Nothing in this section— 
(1) affects any existing project-specific funding 
authority; or 
(2) limits or absolves the United States from any 
responsibility to any Rio Grande Pueblo (including 
any responsibility arising from a trust relationship 
or from any Federal law (including regulations), Ex-
ecutive order, or agreement between the Federal Gov-
ernment and any Rio Grande Pueblo). 
(f) EFFECT ON PUEBLO WATER RIGHTS OR STATE 
WATER LAW.—
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† HR 146 EAS 
(1) PUEBLO WATER RIGHTS.—Nothing in this 
section (including the implementation of any project 
carried out in accordance with this section) affects the 
right of any Pueblo to receive, divert, store, or claim 
a right to water, including the priority of right and 
the quantity of water associated with the water right 
under Federal or State law. 
(2) STATE WATER LAW.—Nothing in this section 
preempts or affects— 
(A) State water law; or 
(B) an interstate compact governing water. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) STUDY.—There is authorized to be appro-
priated to carry out subsection (c) $4,000,000. 
(2) PROJECTS.—There is authorized to be appro-
priated to carry out subsection (d) $6,000,000 for 
each of fiscal years 2010 through 2019. 
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH 
PROGRAMS. 
(a) DEFINITIONS.—Section 2 of Public Law 106–392 
(114 Stat. 1602) is amended— 
(1) in paragraph (5), by inserting ‘‘, rehabilita-
tion, and repair’’ after ‘‘and replacement’’; and 
(2) in paragraph (6), by inserting ‘‘those for 
protection of critical habitat, those for preventing en-
834 
† HR 146 EAS 
trainment of fish in water diversions,’’ after 
‘‘instream flows,’’. 
(b) AUTHORIZATION
TO
FUND
RECOVERY
PRO-
GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 1603; 
120 Stat. 290) is amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 
(B) in paragraph (2), by striking ‘‘2010’’ 
and inserting ‘‘2023’’; and 
(C) in paragraph (3), by striking ‘‘2010’’ 
and inserting ‘‘2023’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by 
striking 
‘‘$126,000,000’’ 
and 
inserting 
‘‘$209,000,000’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘$108,000,000’’ and in-
serting ‘‘$179,000,000’’; and 
(ii) by striking ‘‘2010’’ and inserting 
‘‘2023’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘$18,000,000’’ and in-
serting ‘‘$30,000,000’’; and
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† HR 146 EAS 
(ii) by striking ‘‘2010’’ and inserting 
‘‘2023’’; and 
(3) 
in 
subsection 
(c)(4), 
by 
striking 
‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Fallbrook Public Utility District, San Diego County, 
California. 
(2) PROJECT.—The term ‘‘Project’’ means the 
impoundment, recharge, treatment, and other facili-
ties the construction, operation, watershed manage-
ment, and maintenance of which is authorized under 
subsection (b). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) AUTHORIZATION FOR CONSTRUCTION OF SANTA 
MARGARITA RIVER PROJECT.— 
(1) AUTHORIZATION.—The Secretary, acting 
pursuant to Federal reclamation law (the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts sup-
plemental to and amendatory of that Act (43 U.S.C. 
371 et seq.), to the extent that law is not inconsistent 
with this section, may construct, operate, and main-
tain the Project substantially in accordance with the
836 
† HR 146 EAS 
final feasibility report and environmental reviews for 
the Project and this section. 
(2) CONDITIONS.—The Secretary may construct 
the Project only after the Secretary determines that 
the following conditions have occurred: 
(A)(i) The District and the Secretary of the 
Navy have entered into contracts under sub-
sections (c)(2) and (e) of section 9 of the Rec-
lamation Project Act of 1939 (43 U.S.C. 485h) 
to repay to the United States equitable and ap-
propriate portions, as determined by the Sec-
retary, of the actual costs of constructing, oper-
ating, and maintaining the Project. 
(ii) As an alternative to a repayment con-
tract with the Secretary of the Navy described in 
clause (i), the Secretary may allow the Secretary 
of the Navy to satisfy all or a portion of the re-
payment obligation for construction of the 
Project on the payment of the share of the Sec-
retary of the Navy prior to the initiation of con-
struction, subject to a final cost allocation as de-
scribed in subsection (c). 
(B) The officer or agency of the State of 
California authorized by law to grant permits 
for the appropriation of water has granted the
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† HR 146 EAS 
permits to the Bureau of Reclamation for the 
benefit of the Secretary of the Navy and the Dis-
trict as permittees for rights to the use of water 
for storage and diversion as provided in this sec-
tion, including approval of all requisite changes 
in points of diversion and storage, and purposes 
and places of use. 
(C)(i) The District has agreed— 
(I) to not assert against the United 
States any prior appropriative right the 
District may have to water in excess of the 
quantity deliverable to the District under 
this section; and 
(II) to share in the use of the waters 
impounded by the Project on the basis of 
equal priority and in accordance with the 
ratio prescribed in subsection (d)(2). 
(ii) The agreement and waiver under clause 
(i) and the changes in points of diversion and 
storage under subparagraph (B)— 
(I) shall become effective and binding 
only when the Project has been completed 
and put into operation; and
838 
† HR 146 EAS 
(II) may be varied by agreement be-
tween the District and the Secretary of the 
Navy. 
(D) The Secretary has determined that the 
Project has completed applicable economic, envi-
ronmental, and engineering feasibility studies. 
(c) COSTS.— 
(1) IN GENERAL.—As determined by a final cost 
allocation after completion of the construction of the 
Project, the Secretary of the Navy shall be responsible 
to pay upfront or repay to the Secretary only that 
portion of the construction, operation, and mainte-
nance costs of the Project that the Secretary and the 
Secretary of the Navy determine reflects the extent to 
which the Department of the Navy benefits from the 
Project. 
(2) OTHER CONTRACTS.—Notwithstanding para-
graph (1), the Secretary may enter into a contract 
with the Secretary of the Navy for the impoundment, 
storage, treatment, and carriage of prior rights water 
for domestic, municipal, fish and wildlife, industrial, 
and other beneficial purposes using Project facilities. 
(d) OPERATION; YIELD ALLOTMENT; DELIVERY.— 
(1) OPERATION.—The Secretary, the District, or 
a third party (consistent with subsection (f)) may op-
839 
† HR 146 EAS 
erate the Project, subject to a memorandum of agree-
ment between the Secretary, the Secretary of the 
Navy, and the District and under regulations satis-
factory to the Secretary of the Navy with respect to 
the share of the Project of the Department of the 
Navy. 
(2) YIELD
ALLOTMENT.—Except as otherwise 
agreed between the parties, the Secretary of the Navy 
and the District shall participate in the Project yield 
on the basis of equal priority and in accordance with 
the following ratio: 
(A) 60 percent of the yield of the Project is 
allotted to the Secretary of the Navy. 
(B) 40 percent of the yield of the Project is 
allotted to the District. 
(3) CONTRACTS
FOR
DELIVERY
OF
EXCESS 
WATER.— 
(A) EXCESS WATER AVAILABLE TO OTHER 
PERSONS.—If the Secretary of the Navy certifies 
to the official agreed on to administer the Project 
that the Department of the Navy does not have 
immediate need for any portion of the 60 percent 
of the yield of the Project allotted to the Sec-
retary of the Navy under paragraph (2), the offi-
840 
† HR 146 EAS 
cial may enter into temporary contracts for the 
sale and delivery of the excess water. 
(B) FIRST RIGHT FOR EXCESS WATER.— 
The first right to excess water made available 
under subparagraph (A) shall be given the Dis-
trict, if otherwise consistent with the laws of the 
State of California. 
(C) CONDITION OF CONTRACTS.—Each con-
tract entered into under subparagraph (A) for 
the sale and delivery of excess water shall include 
a condition that the Secretary of the Navy has 
the right to demand the water, without charge 
and without obligation on the part of the United 
States, after 30 days notice. 
(D) MODIFICATION OF RIGHTS AND OBLIGA-
TIONS.—The rights and obligations of the United 
States and the District regarding the ratio, 
amounts, definition of Project yield, and pay-
ment for excess water may be modified by an 
agreement between the parties. 
(4) CONSIDERATION.— 
(A) DEPOSIT OF FUNDS.— 
(i) IN GENERAL.—Amounts paid to the 
United States under a contract entered into 
under paragraph (3) shall be—
841 
† HR 146 EAS 
(I) deposited in the special ac-
count established for the Department of 
the Navy under section 2667(e)(1) of 
title 10, United States Code; and 
(II) shall be available for the pur-
poses specified in section 2667(e)(1)(C) 
of that title. 
(ii) 
EXCEPTION.—Section 
2667(e)(1)(D) of title 10, United States 
Code, shall not apply to amounts deposited 
in the special account pursuant to this 
paragraph. 
(B) IN-KIND
CONSIDERATION.—In lieu of 
monetary consideration under subparagraph (A), 
or in addition to monetary consideration, the 
Secretary of the Navy may accept in-kind con-
sideration in a form and quantity that is accept-
able to the Secretary of the Navy, including— 
(i) maintenance, protection, alteration, 
repair, improvement, or restoration (includ-
ing environmental restoration) of property 
or facilities of the Department of the Navy; 
(ii) construction of new facilities for 
the Department of the Navy;
842 
† HR 146 EAS 
(iii) provision of facilities for use by 
the Department of the Navy; 
(iv) facilities operation support for the 
Department of the Navy; and 
(v) provision of such other services as 
the Secretary of the Navy considers appro-
priate. 
(C) RELATION TO OTHER LAWS.—Sections 
2662 and 2802 of title 10, United States Code, 
shall not apply to any new facilities the con-
struction of which is accepted as in-kind consid-
eration under this paragraph. 
(D) CONGRESSIONAL NOTIFICATION.—If the 
in-kind consideration proposed to be provided 
under a contract to be entered into under para-
graph (3) has a value in excess of $500,000, the 
contract may not be entered into until the earlier 
of— 
(i) the end of the 30-day period begin-
ning on the date on which the Secretary of 
the Navy submits to the Committee on 
Armed Services of the Senate and the Com-
mittee on Armed Services of the House of 
Representatives a report describing the con-
843 
† HR 146 EAS 
tract and the form and quantity of the in- 
kind consideration; or 
(ii) the end of the 14-day period begin-
ning on the date on which a copy of the re-
port referred to in clause (i) is provided in 
an electronic medium pursuant to section 
480 of title 10, United States Code. 
(e) REPAYMENT OBLIGATION OF THE DISTRICT.— 
(1) DETERMINATION.— 
(A) IN GENERAL.—Except as otherwise pro-
vided in this paragraph, the general repayment 
obligation of the District shall be determined by 
the Secretary consistent with subsections (c)(2) 
and (e) of section 9 of the Reclamation Project 
Act of 1939 (43 U.S.C. 485h) to repay to the 
United States equitable and appropriate por-
tions, as determined by the Secretary, of the ac-
tual costs of constructing, operating, and main-
taining the Project. 
(B) GROUNDWATER.—For purposes of cal-
culating interest and determining the time when 
the repayment obligation of the District to the 
United States commences, the pumping and 
treatment of groundwater from the Project shall
844 
† HR 146 EAS 
be deemed equivalent to the first use of water 
from a water storage project. 
(C) CONTRACTS FOR DELIVERY OF EXCESS 
WATER.—There shall be no repayment obligation 
under this subsection for water delivered to the 
District under a contract described in subsection 
(d)(3). 
(2) MODIFICATION OF RIGHTS AND OBLIGATION 
BY AGREEMENT.—The rights and obligations of the 
United States and the District regarding the repay-
ment obligation of the District may be modified by an 
agreement between the parties. 
(f) TRANSFER OF CARE, OPERATION, AND MAINTE-
NANCE.— 
(1) IN GENERAL.—The Secretary may transfer to 
the District, or a mutually agreed upon third party, 
the care, operation, and maintenance of the Project 
under conditions that are— 
(A) satisfactory to the Secretary and the 
District; and 
(B) with respect to the portion of the 
Project that is located within the boundaries of 
Camp Pendleton, satisfactory to the Secretary, 
the District, and the Secretary of the Navy. 
(2) EQUITABLE CREDIT.—
845 
† HR 146 EAS 
(A) IN GENERAL.—In the event of a transfer 
under paragraph (1), the District shall be enti-
tled to an equitable credit for the costs associated 
with the proportionate share of the Secretary of 
the operation and maintenance of the Project. 
(B) APPLICATION.—The amount of costs de-
scribed in subparagraph (A) shall be applied 
against the indebtedness of the District to the 
United States. 
(g) SCOPE OF SECTION.— 
(1) IN GENERAL.—Except as otherwise provided 
in this section, for the purpose of this section, the 
laws of the State of California shall apply to the 
rights of the United States pertaining to the use of 
water under this section. 
(2) LIMITATIONS.—Nothing in this section— 
(A) provides a grant or a relinquishment by 
the United States of any rights to the use of 
water that the United States acquired according 
to the laws of the State of California, either as 
a result of the acquisition of the land comprising 
Camp Joseph H. Pendleton and adjoining naval 
installations, and the rights to the use of water 
as a part of that acquisition, or through actual
846 
† HR 146 EAS 
use or prescription or both since the date of that 
acquisition, if any; 
(B) creates any legal obligation to store any 
water in the Project, to the use of which the 
United States has those rights; 
(C) requires the division under this section 
of water to which the United States has those 
rights; or 
(D) constitutes a recognition of, or an ad-
mission by the United States that, the District 
has any rights to the use of water in the Santa 
Margarita River, which rights, if any, exist only 
by virtue of the laws of the State of California. 
(h) LIMITATIONS ON OPERATION AND ADMINISTRA-
TION.—Unless otherwise agreed by the Secretary of the 
Navy, the Project— 
(1) shall be operated in a manner which allows 
the free passage of all of the water to the use of which 
the United States is entitled according to the laws of 
the State of California either as a result of the acqui-
sition of the land comprising Camp Joseph H. Pen-
dleton and adjoining naval installations, and the 
rights to the use of water as a part of those acquisi-
tions, or through actual use or prescription, or both, 
since the date of that acquisition, if any; and
847 
† HR 146 EAS 
(2) shall not be administered or operated in any 
way that will impair or deplete the quantities of 
water the use of which the United States would be en-
titled under the laws of the State of California had 
the Project not been built. 
(i) REPORTS TO CONGRESS.—Not later than 2 years 
after the date of the enactment of this Act and periodically 
thereafter, the Secretary and the Secretary of the Navy shall 
each submit to the appropriate committees of Congress re-
ports that describe whether the conditions specified in sub-
section (b)(2) have been met and if so, the manner in which 
the conditions were met. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section— 
(1) $60,000,000, as adjusted to reflect the engi-
neering costs indices for the construction cost of the 
Project; and 
(2) such sums as are necessary to operate and 
maintain the Project. 
(k) SUNSET.—The authority of the Secretary to com-
plete construction of the Project shall terminate on the date 
that is 10 years after the date of enactment of this Act. 
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT. 
(a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–
848 
† HR 146 EAS 
575, title XVI; 43 U.S.C. 390h et seq.) (as amended by sec-
tion 9104(a)) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 
PROJECTS, CALIFORNIA. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 
with the Elsinore Valley Municipal Water District, Cali-
fornia, may participate in the design, planning, and con-
struction of permanent facilities needed to establish recycled 
water distribution and wastewater treatment and reclama-
tion facilities that will be used to treat wastewater and pro-
vide recycled water in the Elsinore Valley Municipal Water 
District, California. 
‘‘(b) COST SHARING.—The Federal share of the cost of 
each project described in subsection (a) shall not exceed 25 
percent of the total cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
under this section shall not be used for operation or mainte-
nance of the projects described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$12,500,000.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in 
section 2 of Public Law 102–575 (as amended by section
849 
† HR 146 EAS 
9104(b)) is amended by inserting after the item relating 
to section 1649 the following: 
‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’. 
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY. 
(a) PROJECT
AUTHORIZATION.—The Reclamation 
Wastewater and Groundwater Study and Facilities Act 
(Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) 
(as amended by section 9109(a)) is amended by adding at 
the end the following: 
‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means a member agency of the North Bay Water 
Reuse Authority of the State located in the North San 
Pablo Bay watershed in— 
‘‘(A) Marin County; 
‘‘(B) Napa County; 
‘‘(C) Solano County; or 
‘‘(D) Sonoma County. 
‘‘(2) 
WATER
RECLAMATION
AND
REUSE 
PROJECT.—The term ‘water reclamation and reuse 
project’ means a project carried out by the Secretary 
and an eligible entity in the North San Pablo Bay 
watershed relating to— 
‘‘(A) water quality improvement; 
‘‘(B) wastewater treatment;
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† HR 146 EAS 
‘‘(C) water reclamation and reuse; 
‘‘(D) groundwater recharge and protection; 
‘‘(E) surface water augmentation; or 
‘‘(F) other related improvements. 
‘‘(3) STATE.—The term ‘State’ means the State 
of California. 
‘‘(b) NORTH BAY WATER REUSE PROGRAM.— 
‘‘(1) IN GENERAL.—Contingent upon a finding 
of feasibility, the Secretary, acting through a coopera-
tive agreement with the State or a subdivision of the 
State, is authorized to enter into cooperative agree-
ments with eligible entities for the planning, design, 
and construction of water reclamation and reuse fa-
cilities and recycled water conveyance and distribu-
tion systems. 
‘‘(2) COORDINATION
WITH
OTHER
FEDERAL 
AGENCIES.—In carrying out this section, the Sec-
retary and the eligible entity shall, to the maximum 
extent practicable, use the design work and environ-
mental evaluations initiated by— 
‘‘(A) non-Federal entities; and 
‘‘(B) the Corps of Engineers in the San 
Pablo Bay Watershed of the State. 
‘‘(3) PHASED
PROJECT.—A cooperative agree-
ment described in paragraph (1) shall require that
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† HR 146 EAS 
the North Bay Water Reuse Program carried out 
under this section shall consist of 2 phases as follows: 
‘‘(A) FIRST
PHASE.—During the first 
phase, the Secretary and an eligible entity shall 
complete the planning, design, and construction 
of the main treatment and main conveyance sys-
tems. 
‘‘(B) SECOND PHASE.—During the second 
phase, the Secretary and an eligible entity shall 
complete the planning, design, and construction 
of the sub-regional distribution systems. 
‘‘(4) COST SHARING.— 
‘‘(A) FEDERAL SHARE.—The Federal share 
of the cost of the first phase of the project author-
ized by this section shall not exceed 25 percent 
of the total cost of the first phase of the project. 
‘‘(B) FORM OF NON-FEDERAL SHARE.—The 
non-Federal share may be in the form of any in- 
kind services that the Secretary determines 
would contribute substantially toward the com-
pletion of the water reclamation and reuse 
project, including— 
‘‘(i) reasonable costs incurred by the el-
igible entity relating to the planning, de-
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† HR 146 EAS 
sign, and construction of the water reclama-
tion and reuse project; and 
‘‘(ii) the acquisition costs of land ac-
quired for the project that is— 
‘‘(I) used for planning, design, 
and construction of the water reclama-
tion and reuse project facilities; and 
‘‘(II) owned by an eligible entity 
and directly related to the project. 
‘‘(C) LIMITATION.—The Secretary shall not 
provide funds for the operation and maintenance 
of the project authorized by this section. 
‘‘(5) EFFECT.—Nothing in this section— 
‘‘(A) affects or preempts— 
‘‘(i) State water law; or 
‘‘(ii) an interstate compact relating to 
the allocation of water; or 
‘‘(B) confers on any non-Federal entity the 
ability to exercise any Federal right to— 
‘‘(i) the water of a stream; or 
‘‘(ii) any groundwater resource. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for the Federal 
share of the total cost of the first phase of the project
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† HR 146 EAS 
authorized by this section $25,000,000, to remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
in section 2 of Public Law 102–575 (as amended by section 
9109(b)) is amended by inserting after the item relating 
to section 1650 the following: 
‘‘Sec. 1651. North Bay water reuse program.’’. 
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM 
PROJECT, CALIFORNIA. 
(a) PRADO BASIN NATURAL TREATMENT SYSTEM 
PROJECT.— 
(1) IN GENERAL.—The Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public 
Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as 
amended by section 9110(a)) is amended by adding 
at the end the following: 
‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM 
PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation 
with the Orange County Water District, shall participate 
in the planning, design, and construction of natural treat-
ment systems and wetlands for the flows of the Santa Ana 
River, California, and its tributaries into the Prado Basin. 
‘‘(b) COST SHARING.—The Federal share of the cost of 
the project described in subsection (a) shall not exceed 25 
percent of the total cost of the project.
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† HR 146 EAS 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
shall not be used for the operation and maintenance of the 
project described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have 
no effect after the date that is 10 years after the date of 
the enactment of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sec-
tions in section 2 of Public Law 102–575 (43 U.S.C. 
prec. 371) (as amended by section 9110(b)) is amend-
ed by inserting after the last item the following: 
‘‘1652. Prado Basin Natural Treatment System Project.’’. 
(b) LOWER CHINO DAIRY AREA DESALINATION DEM-
ONSTRATION AND RECLAMATION PROJECT.— 
(1) IN GENERAL.—The Reclamation Wastewater 
and Groundwater Study and Facilities Act (Public 
Law 102–575, title XVI; 43 U.S.C. 390h et seq.) (as 
amended by subsection (a)(1)) is amended by adding 
at the end the following: 
‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION 
DEMONSTRATION 
AND 
RECLAMATION 
PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation 
with the Chino Basin Watermaster, the Inland Empire
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† HR 146 EAS 
Utilities Agency, and the Santa Ana Watershed Project Au-
thority and acting under the Federal reclamation laws, 
shall participate in the design, planning, and construction 
of the Lower Chino Dairy Area desalination demonstration 
and reclamation project. 
‘‘(b) COST SHARING.—The Federal share of the cost of 
the project described in subsection (a) shall not exceed— 
‘‘(1) 25 percent of the total cost of the project; or 
‘‘(2) $26,000,000. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
shall not be used for operation or maintenance of the project 
described in subsection (a). 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
‘‘(e) SUNSET OF AUTHORITY.—This section shall have 
no effect after the date that is 10 years after the date of 
the enactment of this section.’’. 
(2) CONFORMING AMENDMENT.—The table of sec-
tions in section 2 of Public Law 102–575 (43 U.S.C. 
prec. 371) (as amended by subsection (a)(2)) is 
amended by inserting after the last item the following: 
‘‘1653. Lower Chino dairy area desalination demonstration and reclamation 
project.’’. 
(c) ORANGE COUNTY REGIONAL WATER RECLAMATION 
PROJECT.—Section 1624 of the Reclamation Wastewater
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† HR 146 EAS 
and Groundwater Study and Facilities Act (Public Law 
102–575, title XVI; 43 U.S.C. 390h–12j) is amended— 
(1) in the section heading, by striking the words 
‘‘PHASE 1 OF THE’’; and 
(2) in subsection (a), by striking ‘‘phase 1 of’’. 
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALI-
FORNIA. 
(a) DEFINITIONS.—In this section: 
(1) DISTRICT.—The term ‘‘District’’ means the 
Western Municipal Water District, Riverside County, 
California. 
(2) PROJECT.— 
(A) IN
GENERAL.—The term ‘‘Project’’ 
means the Riverside-Corona Feeder Project. 
(B) INCLUSIONS.—The term ‘‘Project’’ in-
cludes— 
(i) 20 groundwater wells; 
(ii) groundwater treatment facilities; 
(iii) water storage and pumping facili-
ties; and 
(iv) 28 miles of pipeline in San 
Bernardino and Riverside Counties in the 
State of California. 
(C) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior.
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(b) PLANNING, DESIGN, AND CONSTRUCTION OF RIV-
ERSIDE-CORONA FEEDER.— 
(1) IN GENERAL.—The Secretary, in cooperation 
with the District, may participate in the planning, 
design, and construction of the Project. 
(2) AGREEMENTS AND REGULATIONS.—The Sec-
retary may enter into such agreements and promul-
gate such regulations as are necessary to carry out 
this subsection. 
(3) FEDERAL SHARE.— 
(A) PLANNING, DESIGN, CONSTRUCTION.— 
The Federal share of the cost to plan, design, and 
construct the Project shall not exceed the lesser 
of— 
(i) an amount equal to 25 percent of 
the total cost of the Project; and 
(ii) $26,000,000. 
(B) STUDIES.—The Federal share of the 
cost to complete the necessary planning studies 
associated with the Project— 
(i) shall not exceed an amount equal to 
50 percent of the total cost of the studies; 
and 
(ii) shall be included as part of the 
limitation described in subparagraph (A).
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(4) IN-KIND SERVICES.—The non-Federal share 
of the cost of the Project may be provided in cash or 
in kind. 
(5) LIMITATION.—Funds provided by the Sec-
retary under this subsection shall not be used for op-
eration or maintenance of the Project. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection the lesser of— 
(A) an amount equal to 25 percent of the 
total cost of the Project; and 
(B) $26,000,000. 
SEC. 9113. GREAT PROJECT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public 
Law 102–575; 43 U.S.C. 390h et seq.) (as amended by sec-
tion 9111(b)(1)) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, 
REUSE, AND TREATMENT PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 
with the City of Oxnard, California, may participate in 
the design, planning, and construction of Phase I perma-
nent facilities for the GREAT project to reclaim, reuse, and 
treat impaired water in the area of Oxnard, California.
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‘‘(b) COST SHARE.—The Federal share of the costs of 
the project described in subsection (a) shall not exceed 25 
percent of the total cost. 
‘‘(c) LIMITATION.—The Secretary shall not provide 
funds for the following: 
‘‘(1) The operations and maintenance of the 
project described in subsection (a). 
‘‘(2) The construction, operations, and mainte-
nance of the visitor’s center related to the project de-
scribed in subsection (a). 
‘‘(d) SUNSET OF AUTHORITY.—The authority of the 
Secretary to carry out any provisions of this section shall 
terminate 10 years after the date of the enactment of this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in 
section 2 of the Reclamation Projects Authorization and Ad-
justment Act of 1992 (as amended by section 9111(b)(2)) 
is amended by inserting after the last item the following: 
‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment 
project.’’. 
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA. 
(a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102– 
575, title XVI; 43 U.S.C. 390h et seq.) (as amended by sec-
tion 9113(a)) is amended by adding at the end the fol-
lowing:
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‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RE-
NEWAL PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 
with the Yucaipa Valley Water District, may participate 
in the design, planning, and construction of projects to treat 
impaired surface water, reclaim and reuse impaired 
groundwater, and provide brine disposal within the Santa 
Ana Watershed as described in the report submitted under 
section 1606. 
‘‘(b) COST SHARING.—The Federal share of the cost of 
the project described in subsection (a) shall not exceed 25 
percent of the total cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
shall not be used for operation or maintenance of the project 
described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000. 
‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, 
WATER RECYCLING AND REUSE PROJECT. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 
with the City of Corona Water Utility, California, is au-
thorized to participate in the design, planning, and con-
struction of, and land acquisition for, a project to reclaim 
and reuse wastewater, including degraded groundwaters,
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† HR 146 EAS 
within and outside of the service area of the City of Corona 
Water Utility, California. 
‘‘(b) COST SHARE.—The Federal share of the cost of 
the project authorized by this section shall not exceed 25 
percent of the total cost of the project. 
‘‘(c) LIMITATION.—The Secretary shall not provide 
funds for the operation and maintenance of the project au-
thorized by this section.’’. 
(b) CONFORMING AMENDMENTS.—The table of sections 
in section 2 of Public Law 102–575 (as amended by section 
9114(b)) is amended by inserting after the last item the fol-
lowing: 
‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project. 
‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse 
project.’’. 
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO. 
(a) COST SHARE.—The first section of Public Law 87– 
590 (76 Stat. 389) is amended in the second sentence of 
subsection (c) by inserting after ‘‘cost thereof,’’ the fol-
lowing: ‘‘or in the case of the Arkansas Valley Conduit, pay-
ment in an amount equal to 35 percent of the cost of the 
conduit that is comprised of revenue generated by payments 
pursuant to a repayment contract and revenue that may 
be derived from contracts for the use of Fryingpan-Arkansas 
project excess capacity or exchange contracts using 
Fryingpan-Arkansas project facilities,’’.
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† HR 146 EAS 
(b) RATES.—Section 2(b) of Public Law 87–590 (76 
Stat. 390) is amended— 
(1) by striking ‘‘(b) Rates’’ and inserting the fol-
lowing: 
‘‘(b) RATES.— 
‘‘(1) IN GENERAL.—Rates’’; and 
(2) by adding at the end the following: 
‘‘(2) RUEDI
DAM
AND
RESERVOIR, FOUNTAIN 
VALLEY
PIPELINE, AND
SOUTH
OUTLET
WORKS
AT 
PUEBLO DAM AND RESERVOIR.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
reclamation laws, until the date on which the 
payments for the Arkansas Valley Conduit under 
paragraph (3) begin, any revenue that may be 
derived from contracts for the use of Fryingpan- 
Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project fa-
cilities shall be credited towards payment of the 
actual cost of Ruedi Dam and Reservoir, the 
Fountain Valley Pipeline, and the South Outlet 
Works at Pueblo Dam and Reservoir plus inter-
est in an amount determined in accordance with 
this section. 
‘‘(B) EFFECT.—Nothing in the Federal rec-
lamation law (the Act of June 17, 1902 (32 Stat.
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† HR 146 EAS 
388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et 
seq.)) prohibits the concurrent crediting of rev-
enue (with interest as provided under this sec-
tion) towards payment of the Arkansas Valley 
Conduit as provided under this paragraph. 
‘‘(3) ARKANSAS VALLEY CONDUIT.— 
‘‘(A) USE OF REVENUE.—Notwithstanding 
the reclamation laws, any revenue derived from 
contracts for the use of Fryingpan-Arkansas 
project excess capacity or exchange contracts 
using Fryingpan-Arkansas project facilities shall 
be credited towards payment of the actual cost of 
the Arkansas Valley Conduit plus interest in an 
amount determined in accordance with this sec-
tion. 
‘‘(B) ADJUSTMENT OF RATES.—Any rates 
charged under this section for water for munic-
ipal, domestic, or industrial use or for the use of 
facilities for the storage or delivery of water shall 
be adjusted to reflect the estimated revenue de-
rived from contracts for the use of Fryingpan- 
Arkansas project excess capacity or exchange 
contracts using Fryingpan-Arkansas project fa-
cilities.’’.
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(c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 
of Public Law 87–590 (76 Stat. 393) is amended— 
(1) by striking ‘‘SEC. 7. There is hereby’’ and in-
serting the following: 
‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is’’; and 
(2) by adding at the end the following: 
‘‘(b) ARKANSAS VALLEY CONDUIT.— 
‘‘(1) IN
GENERAL.—Subject to annual appro-
priations and paragraph (2), there are authorized to 
be appropriated such sums as are necessary for the 
construction of the Arkansas Valley Conduit. 
‘‘(2) LIMITATION.—Amounts made available 
under paragraph (1) shall not be used for the oper-
ation or maintenance of the Arkansas Valley Con-
duit.’’. 
Subtitle C—Title Transfers and 
Clarifications 
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FA-
CILITIES. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means 
the agreement numbered 06–AG–60–2115 and entitled 
‘‘Agreement Between the United States of America 
and McGee Creek Authority for the Purpose of Defin-
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† HR 146 EAS 
ing Responsibilities Related to and Implementing the 
Title Transfer of Certain Facilities at the McGee 
Creek Project, Oklahoma’’. 
(2) AUTHORITY.—The term ‘‘Authority’’ means 
the McGee Creek Authority located in Oklahoma City, 
Oklahoma. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) CONVEYANCE OF MCGEE CREEK PROJECT PIPE-
LINE AND ASSOCIATED FACILITIES.— 
(1) AUTHORITY TO CONVEY.— 
(A) IN GENERAL.—In accordance with all 
applicable laws and consistent with any terms 
and conditions provided in the Agreement, the 
Secretary may convey to the Authority all right, 
title, and interest of the United States in and to 
the pipeline and any associated facilities de-
scribed in the Agreement, including— 
(i) the pumping plant; 
(ii) the raw water pipeline from the 
McGee Creek pumping plant to the rate of 
flow control station at Lake Atoka; 
(iii) the surge tank; 
(iv) the regulating tank;
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† HR 146 EAS 
(v) the McGee Creek operation and 
maintenance complex, maintenance shop, 
and pole barn; and 
(vi) any other appurtenances, ease-
ments, and fee title land associated with the 
facilities described in clauses (i) through 
(v), in accordance with the Agreement. 
(B) EXCLUSION OF MINERAL ESTATE FROM 
CONVEYANCE.— 
(i) IN GENERAL.—The mineral estate 
shall be excluded from the conveyance of 
any land or facilities under subparagraph 
(A). 
(ii) MANAGEMENT.—Any mineral in-
terests retained by the United States under 
this section shall be managed— 
(I) consistent with Federal law; 
and 
(II) in a manner that would not 
interfere with the purposes for which 
the McGee Creek Project was author-
ized. 
(C) COMPLIANCE WITH AGREEMENT; APPLI-
CABLE LAW.—
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(i) AGREEMENT.—All parties to the 
conveyance under subparagraph (A) shall 
comply with the terms and conditions of the 
Agreement, to the extent consistent with this 
section. 
(ii) APPLICABLE
LAW.—Before any 
conveyance under subparagraph (A), the 
Secretary shall complete any actions re-
quired under— 
(I) the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
(II) the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.); 
(III) the National Historic Pres-
ervation Act (16 U.S.C. 470 et seq.); 
and 
(IV) any other applicable laws. 
(2) OPERATION OF TRANSFERRED FACILITIES.— 
(A) IN GENERAL.—On the conveyance of the 
land and facilities under paragraph (1)(A), the 
Authority shall comply with all applicable Fed-
eral, State, and local laws (including regula-
tions) in the operation of any transferred facili-
ties.
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† HR 146 EAS 
(B) 
OPERATION
AND
MAINTENANCE 
COSTS.— 
(i) IN GENERAL.—After the conveyance 
of the land and facilities under paragraph 
(1)(A) and consistent with the Agreement, 
the Authority shall be responsible for all du-
ties and costs associated with the operation, 
replacement, 
maintenance, 
enhancement, 
and betterment of the transferred land and 
facilities. 
(ii) LIMITATION
ON
FUNDING.—The 
Authority shall not be eligible to receive any 
Federal funding to assist in the operation, 
replacement, 
maintenance, 
enhancement, 
and betterment of the transferred land and 
facilities, except for funding that would be 
available to any comparable entity that is 
not subject to reclamation laws. 
(3) RELEASE FROM LIABILITY.— 
(A) IN GENERAL.—Effective beginning on 
the date of the conveyance of the land and facili-
ties under paragraph (1)(A), the United States 
shall not be liable for damages of any kind aris-
ing out of any act, omission, or occurrence relat-
ing to any land or facilities conveyed, except for
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† HR 146 EAS 
damages caused by acts of negligence committed 
by the United States (including any employee or 
agent of the United States) before the date of the 
conveyance. 
(B) NO ADDITIONAL LIABILITY.—Nothing in 
this paragraph adds to any liability that the 
United States may have under chapter 171 of 
title 28, United States Code. 
(4) CONTRACTUAL OBLIGATIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), any rights and obligations 
under the contract numbered 0–07–50–X0822 
and dated October 11, 1979, between the Author-
ity and the United States for the construction, 
operation, and maintenance of the McGee Creek 
Project, shall remain in full force and effect. 
(B) AMENDMENTS.—With the consent of the 
Authority, the Secretary may amend the contract 
described in subparagraph (A) to reflect the con-
veyance of the land and facilities under para-
graph (1)(A). 
(5) 
APPLICABILITY
OF
THE
RECLAMATION 
LAWS.—Notwithstanding the conveyance of the land 
and facilities under paragraph (1)(A), the reclama-
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† HR 146 EAS 
tion laws shall continue to apply to any project water 
provided to the Authority. 
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, 
TITLE CLARIFICATION. 
(a) PURPOSE.—The purpose of this section is to direct 
the Secretary of the Interior to issue a quitclaim deed con-
veying any right, title, and interest the United States may 
have in and to Tingley Beach, San Gabriel Park, or the 
BioPark Parcels to the City, thereby removing a potential 
cloud on the City’s title to these lands. 
(b) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of 
Albuquerque, New Mexico. 
(2) BIOPARK
PARCELS.—The term ‘‘BioPark 
Parcels’’ means a certain area of land containing 
19.16 acres, more or less, situated within the Town of 
Albuquerque Grant, in Projected Section 13, Town-
ship 10 North, Range 2 East, N.M.P.M., City of Albu-
querque, Bernalillo County, New Mexico, comprised of 
the following platted tracts and lot, and MRGCD 
tracts: 
(A) Tracts A and B, Albuquerque Biological 
Park, as the same are shown and designated on 
the Plat of Tracts A & B, Albuquerque Biological 
Park, recorded in the Office of the County Clerk
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† HR 146 EAS 
of Bernalillo County, New Mexico on February 
11, 1994 in Book 94C, Page 44; containing 
17.9051 acres, more or less. 
(B) Lot B–1, Roger Cox Addition, as the 
same is shown and designated on the Plat of 
Lots B–1 and B–2 Roger Cox Addition, recorded 
in the Office of the County Clerk of Bernalillo 
County, New Mexico on October 3, 1985 in Book 
C28, Page 99; containing 0.6289 acres, more or 
less. 
(C) Tract 361 of MRGCD Map 38, bounded 
on the north by Tract A, Albuquerque Biological 
Park, on the east by the westerly right-of-way of 
Central Avenue, on the south by Tract 332B 
MRGCD Map 38, and on the west by Tract B, 
Albuquerque Biological Park; containing 0.30 
acres, more or less. 
(D) Tract 332B of MRGCD Map 38; bound-
ed on the north by Tract 361, MRGCD Map 38, 
on the west by Tract 32A–1–A, MRGCD Map 
38, and on the south and east by the westerly 
right-of-way of Central Avenue; containing 0.25 
acres, more or less. 
(E) Tract 331A–1A of MRGCD Map 38, 
bounded on the west by Tract B, Albuquerque
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† HR 146 EAS 
Biological Park, on the east by Tract 332B, 
MRGCD Map 38, and on the south by the west-
erly right-of-way of Central Avenue and Tract A, 
Albuquerque Biological Park; containing 0.08 
acres, more or less. 
(3) MIDDLE
RIO
GRANDE
CONSERVANCY
DIS-
TRICT.—The terms ‘‘Middle Rio Grande Conservancy 
District’’ and ‘‘MRGCD’’ mean a political subdivi-
sion of the State of New Mexico, created in 1925 to 
provide and maintain flood protection and drainage, 
and maintenance of ditches, canals, and distribution 
systems for irrigation and water delivery and oper-
ations in the Middle Rio Grande Valley. 
(4) MIDDLE RIO GRANDE PROJECT.—The term 
‘‘Middle Rio Grande Project’’ means the works associ-
ated with water deliveries and operations in the Rio 
Grande basin as authorized by the Flood Control Act 
of 1948 (Public Law 80–858; 62 Stat. 1175) and the 
Flood Control Act of 1950 (Public Law 81–516; 64 
Stat. 170). 
(5) SAN GABRIEL PARK.—The term ‘‘San Gabriel 
Park’’ means the tract of land containing 40.2236 
acres, more or less, situated within Section 12 and 
Section 13, T10N, R2E, N.M.P.M., City of Albu-
querque, Bernalillo County, New Mexico, and de-
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† HR 146 EAS 
scribed by New Mexico State Plane Grid Bearings 
(Central Zone) and ground distances in a Special 
Warranty Deed conveying the property from MRGCD 
to the City, dated November 25, 1997. 
(6) 
TINGLEY
BEACH.—The 
term 
‘‘Tingley 
Beach’’ means the tract of land containing 25.2005 
acres, more or less, situated within Section 13 and 
Section 24, T10N, R2E, and secs. 18 and 19, T10N, 
R3E, N.M.P.M., City of Albuquerque, Bernalillo 
County, New Mexico, and described by New Mexico 
State Plane Grid Bearings (Central Zone) and 
ground distances in a Special Warranty Deed con-
veying the property from MRGCD to the City, dated 
November 25, 1997. 
(c) CLARIFICATION OF PROPERTY INTEREST.— 
(1) REQUIRED ACTION.—The Secretary of the In-
terior shall issue a quitclaim deed conveying any 
right, title, and interest the United States may have 
in and to Tingley Beach, San Gabriel Park, and the 
BioPark Parcels to the City. 
(2) TIMING.—The Secretary shall carry out the 
action in paragraph (1) as soon as practicable after 
the date of enactment of this Act and in accordance 
with all applicable law.
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† HR 146 EAS 
(3) NO ADDITIONAL PAYMENT.—The City shall 
not be required to pay any additional costs to the 
United States for the value of San Gabriel Park, 
Tingley Beach, and the BioPark Parcels. 
(d) OTHER RIGHTS, TITLE, AND INTERESTS UNAF-
FECTED.— 
(1) IN GENERAL.—Except as expressly provided 
in subsection (c), nothing in this section shall be con-
strued to affect any right, title, or interest in and to 
any land associated with the Middle Rio Grande 
Project. 
(2) ONGOING LITIGATION.—Nothing contained in 
this section shall be construed or utilized to affect or 
otherwise interfere with any position set forth by any 
party in the lawsuit pending before the United States 
District Court for the District of New Mexico, 99–CV– 
01320–JAP–RHS, entitled Rio Grande Silvery Min-
now v. John W. Keys, III, concerning the right, title, 
or interest in and to any property associated with the 
Middle Rio Grande Project. 
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION 
SYSTEM, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means 
Agreement No. 07–LC–20–9387 between the United
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† HR 146 EAS 
States and the District, entitled ‘‘Agreement Between 
the United States and the Goleta Water District to 
Transfer Title of the Federally Owned Distribution 
System to the Goleta Water District’’. 
(2) DISTRICT.—The term ‘‘District’’ means the 
Goleta Water District, located in Santa Barbara 
County, California. 
(3) GOLETA WATER DISTRIBUTION SYSTEM.—The 
term ‘‘Goleta Water Distribution System’’ means the 
facilities constructed by the United States to enable 
the District to convey water to its water users, and 
associated lands, as described in Appendix A of the 
Agreement. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) CONVEYANCE OF THE GOLETA WATER DISTRIBU-
TION SYSTEM.—The Secretary is authorized to convey to 
the District all right, title, and interest of the United States 
in and to the Goleta Water Distribution System of the 
Cachuma Project, California, subject to valid existing rights 
and consistent with the terms and conditions set forth in 
the Agreement. 
(c) LIABILITY.—Effective upon the date of the convey-
ance authorized by subsection (b), the United States shall 
not be held liable by any court for damages of any kind
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† HR 146 EAS 
arising out of any act, omission, or occurrence relating to 
the lands, buildings, or facilities conveyed under this sec-
tion, except for damages caused by acts of negligence com-
mitted by the United States or by its employees or agents 
prior to the date of conveyance. Nothing in this section in-
creases the liability of the United States beyond that pro-
vided in chapter 171 of title 28, United States Code (popu-
larly known as the Federal Tort Claims Act). 
(d) BENEFITS.—After conveyance of the Goleta Water 
Distribution System under this section— 
(1) such distribution system shall not be consid-
ered to be a part of a Federal reclamation project; 
and 
(2) the District shall not be eligible to receive 
any benefits with respect to any facility comprising 
the Goleta Water Distribution System, except benefits 
that would be available to a similarly situated entity 
with respect to property that is not part of a Federal 
reclamation project. 
(e) COMPLIANCE WITH OTHER LAWS.— 
(1) COMPLIANCE
WITH
ENVIRONMENTAL
AND 
HISTORIC PRESERVATION LAWS.—Prior to any con-
veyance under this section, the Secretary shall com-
plete all actions required under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
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† HR 146 EAS 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), and all other applicable laws. 
(2) COMPLIANCE BY THE DISTRICT.—Upon the 
conveyance of the Goleta Water Distribution System 
under this section, the District shall comply with all 
applicable Federal, State, and local laws and regula-
tions in its operation of the facilities that are trans-
ferred. 
(3) APPLICABLE AUTHORITY.—All provisions of 
Federal reclamation law (the Act of June 17, 1902 
(43 U.S.C. 371 et seq.) and Acts supplemental to and 
amendatory of that Act) shall continue to be applica-
ble to project water provided to the District. 
(f) REPORT.—If, 12 months after the date of the enact-
ment of this Act, the Secretary has not completed the con-
veyance required under subsection (b), the Secretary shall 
complete a report that states the reason the conveyance has 
not been completed and the date by which the conveyance 
shall be completed. The Secretary shall submit a report re-
quired under this subsection to Congress not later than 14 
months after the date of the enactment of this Act.
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† HR 146 EAS 
Subtitle D—San Gabriel Basin 
Restoration Fund 
SEC. 9301. RESTORATION FUND. 
Section 110 of division B of the Miscellaneous Appro-
priations Act, 2001 (114 Stat. 2763A–222), as enacted into 
law by section 1(a)(4) of the Consolidated Appropriations 
Act, 2001 (Public Law 106–554, as amended by Public Law 
107–66), is further amended— 
(1) in subsection (a)(3)(B), by inserting after 
clause (iii) the following: 
‘‘(iv) 
NON-FEDERAL
MATCH.—After 
$85,000,000 has cumulatively been appro-
priated under subsection (d)(1), the remain-
der of Federal funds appropriated under 
subsection (d) shall be subject to the fol-
lowing matching requirement: 
‘‘(I) SAN GABRIEL BASIN WATER 
QUALITY
AUTHORITY.—The San Ga-
briel Basin Water Quality Authority 
shall be responsible for providing a 35 
percent non-Federal match for Federal 
funds made available to the Authority 
under this Act. 
‘‘(II) CENTRAL BASIN MUNICIPAL 
WATER DISTRICT.—The Central Basin
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Municipal Water District shall be re-
sponsible for providing a 35 percent 
non-Federal match for Federal funds 
made available to the District under 
this Act.’’; 
(2) in subsection (a), by adding at the end the 
following: 
‘‘(4) INTEREST
ON
FUNDS
IN
RESTORATION 
FUND.—No amounts appropriated above the cumu-
lative amount of $85,000,000 to the Restoration Fund 
under subsection (d)(1) shall be invested by the Sec-
retary of the Treasury in interest-bearing securities of 
the United States.’’; and 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to the Restoration Fund established under 
subsection (a) $146,200,000. Such funds shall remain 
available until expended. 
‘‘(2) SET-ASIDE.—Of the amounts appropriated 
under paragraph (1), no more than $21,200,000 shall 
be made available to carry out the Central Basin 
Water Quality Project.’’.
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Subtitle E—Lower Colorado River 
Multi-Species Conservation Pro-
gram 
SEC. 9401. DEFINITIONS. 
In this subtitle: 
(1) LOWER
COLORADO
RIVER
MULTI-SPECIES 
CONSERVATION
PROGRAM.—The term ‘‘Lower Colo-
rado River Multi-Species Conservation Program’’ or 
‘‘LCR MSCP’’ means the cooperative effort on the 
Lower Colorado River between Federal and non-Fed-
eral entities in Arizona, California, and Nevada ap-
proved by the Secretary of the Interior on April 2, 
2005. 
(2) LOWER COLORADO RIVER.—The term ‘‘Lower 
Colorado River’’ means the segment of the Colorado 
River within the planning area as provided in section 
2(B) of the Implementing Agreement, a Program Doc-
ument. 
(3) PROGRAM DOCUMENTS.—The term ‘‘Program 
Documents’’ means the Habitat Conservation Plan, 
Biological Assessment and Biological and Conference 
Opinion, Environmental Impact Statement/Environ-
mental Impact Report, Funding and Management 
Agreement, Implementing Agreement, and Section 
10(a)(1)(B) Permit issued and, as applicable, exe-
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† HR 146 EAS 
cuted in connection with the LCR MSCP, and any 
amendments or successor documents that are devel-
oped consistent with existing agreements and applica-
ble law. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means each of the 
States of Arizona, California, and Nevada. 
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING. 
(a) IMPLEMENTATION.—The Secretary is authorized to 
manage and implement the LCR MSCP in accordance with 
the Program Documents. 
(b) WATER ACCOUNTING.—The Secretary is authorized 
to enter into an agreement with the States providing for 
the use of water from the Lower Colorado River for habitat 
creation and maintenance in accordance with the Program 
Documents. 
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS. 
(a) IN GENERAL.—Due to the unique conditions of the 
Colorado River, any party to the Funding and Management 
Agreement or the Implementing Agreement, and any per-
mittee under the Section 10(a)(1)(B) Permit, may com-
mence a civil action in United States district court to adju-
dicate, confirm, validate or decree the rights and obligations 
of the parties under those Program Documents.
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(b) JURISDICTION.—The district court shall have juris-
diction over such actions and may issue such orders, judg-
ments, and decrees as are consistent with the court’s exercise 
of jurisdiction under this section. 
(c) UNITED STATES AS DEFENDANT.— 
(1) IN
GENERAL.—The United States or any 
agency of the United States may be named as a de-
fendant in such actions. 
(2) SOVEREIGN
IMMUNITY.—Subject to para-
graph (3), the sovereign immunity of the United 
States is waived for purposes of actions commenced 
pursuant to this section. 
(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing 
in this section waives the sovereign immunity of the 
United States to claims for money damages, monetary 
compensation, the provision of indemnity, or any 
claim seeking money from the United States. 
(d) RIGHTS UNDER FEDERAL AND STATE LAW.— 
(1) IN
GENERAL.—Except as specifically pro-
vided in this section, nothing in this section limits 
any rights or obligations of any party under Federal 
or State law. 
(2) APPLICABILITY TO LOWER COLORADO RIVER 
MULTI-SPECIES CONSERVATION PROGRAM.—This sec-
tion—
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(A) shall apply only to the Lower Colorado 
River Multi-Species Conservation Program; and 
(B) shall not affect the terms of, or rights 
or obligations under, any other conservation 
plan created pursuant to any Federal or State 
law. 
(e) VENUE.—Any suit pursuant to this section may 
be brought in any United States district court in the State 
in which any non-Federal party to the suit is situated. 
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary such sums as may be necessary to 
meet the obligations of the Secretary under the Program 
Documents, to remain available until expended. 
(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All 
amounts appropriated to and expended by the Secretary for 
the LCR MSCP shall be non-reimbursable and non-return-
able. 
Subtitle F—Secure Water 
SEC. 9501. FINDINGS. 
Congress finds that— 
(1) adequate and safe supplies of water are fun-
damental to the health, economy, security, and ecol-
ogy of the United States;
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(2) systematic data-gathering with respect to, 
and research and development of, the water resources 
of the United States will help ensure the continued ex-
istence of sufficient quantities of water to support— 
(A) increasing populations; 
(B) economic growth; 
(C) irrigated agriculture; 
(D) energy production; and 
(E) the protection of aquatic ecosystems; 
(3) global climate change poses a significant 
challenge to the protection and use of the water re-
sources of the United States due to an increased un-
certainty with respect to the timing, form, and geo-
graphical distribution of precipitation, which may 
have a substantial effect on the supplies of water for 
agricultural, hydroelectric power, industrial, domestic 
supply, and environmental needs; 
(4) although States bear the primary responsi-
bility and authority for managing the water resources 
of the United States, the Federal Government should 
support the States, as well as regional, local, and 
tribal governments, by carrying out— 
(A) nationwide data collection and moni-
toring activities; 
(B) relevant research; and
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(C) activities to increase the efficiency of the 
use of water in the United States; 
(5) Federal agencies that conduct water manage-
ment and related activities have a responsibility— 
(A) to take a lead role in assessing risks to 
the water resources of the United States (includ-
ing risks posed by global climate change); and 
(B) to develop strategies— 
(i) to mitigate the potential impacts of 
each risk described in subparagraph (A); 
and 
(ii) to help ensure that the long-term 
water resources management of the United 
States is sustainable and will ensure sus-
tainable quantities of water; 
(6) it is critical to continue and expand research 
and monitoring efforts— 
(A) to improve the understanding of the 
variability of the water cycle; and 
(B) to provide basic information nec-
essary— 
(i) to manage and efficiently use the 
water resources of the United States; and 
(ii) to identify new supplies of water 
that are capable of being reclaimed; and
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(7) the study of water use is vital— 
(A) to the understanding of the impacts of 
human activity on water and ecological re-
sources; and 
(B) to the assessment of whether available 
surface and groundwater supplies will be avail-
able to meet the future needs of the United 
States. 
SEC. 9502. DEFINITIONS. 
In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Oce-
anic and Atmospheric Administration. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory 
Committee’’ means the National Advisory Committee 
on Water Information established— 
(A) under the Office of Management and 
Budget Circular 92–01; and 
(B) to coordinate water data collection ac-
tivities. 
(3) ASSESSMENT PROGRAM.—The term ‘‘assess-
ment program’’ means the water availability and use 
assessment program established by the Secretary 
under section 9508(a).
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(4) CLIMATE DIVISION.—The term ‘‘climate divi-
sion’’ means 1 of the 359 divisions in the United 
States that represents 2 or more regions located with-
in a State that are as climatically homogeneous as 
possible, as determined by the Administrator. 
(5) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner of Reclamation. 
(6) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the United States Geological Survey. 
(7) ELIGIBLE
APPLICANT.—The term ‘‘eligible 
applicant’’ means any State, Indian tribe, irrigation 
district, water district, or other organization with 
water or power delivery authority. 
(8) FEDERAL POWER MARKETING ADMINISTRA-
TION.—The term ‘‘Federal Power Marketing Adminis-
tration’’ means— 
(A) the Bonneville Power Administration; 
(B) the Southeastern Power Administration; 
(C) the Southwestern Power Administra-
tion; and 
(D) the Western Area Power Administra-
tion. 
(9) HYDROLOGIC ACCOUNTING UNIT.—The term 
‘‘hydrologic accounting unit’’ means 1 of the 352
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† HR 146 EAS 
river basin hydrologic accounting units used by the 
United States Geological Survey. 
(10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(11) 
MAJOR
AQUIFER
SYSTEM.—The 
term 
‘‘major aquifer system’’ means a groundwater system 
that is— 
(A) identified as a significant groundwater 
system by the Director; and 
(B) included in the Groundwater Atlas of 
the United States, published by the United 
States Geological Survey. 
(12) MAJOR RECLAMATION RIVER BASIN.— 
(A) IN
GENERAL.—The term ‘‘major rec-
lamation river basin’’ means each major river 
system (including tributaries)— 
(i) that is located in a service area of 
the Bureau of Reclamation; and 
(ii) at which is located a federally au-
thorized project of the Bureau of Reclama-
tion. 
(B) INCLUSIONS.—The term ‘‘major rec-
lamation river basin’’ includes—
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(i) the Colorado River; 
(ii) the Columbia River; 
(iii) the Klamath River; 
(iv) the Missouri River; 
(v) the Rio Grande; 
(vi) the Sacramento River; 
(vii) the San Joaquin River; and 
(viii) the Truckee River. 
(13) NON-FEDERAL
PARTICIPANT.—The term 
‘‘non-Federal participant’’ means— 
(A) a State, regional, or local authority; 
(B) an Indian tribe or tribal organization; 
or 
(C) any other qualifying entity, such as a 
water conservation district, water conservancy 
district, or rural water district or association, or 
a nongovernmental organization. 
(14) PANEL.—The term ‘‘panel’’ means the cli-
mate change and water intragovernmental panel es-
tablished by the Secretary under section 9506(a). 
(15) PROGRAM.—The term ‘‘program’’ means the 
regional integrated sciences and assessments pro-
gram— 
(A) established by the Administrator; and
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† HR 146 EAS 
(B) that is comprised of 8 regional pro-
grams that use advances in integrated climate 
sciences to assist decisionmaking processes. 
(16) SECRETARY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(B) EXCEPTIONS.—The term ‘‘Secretary’’ 
means— 
(i) in the case of sections 9503, 9504, 
and 9509, the Secretary of the Interior (act-
ing through the Commissioner); and 
(ii) in the case of sections 9507 and 
9508, the Secretary of the Interior (acting 
through the Director). 
(17) SERVICE AREA.—The term ‘‘service area’’ 
means any area that encompasses a watershed that 
contains a federally authorized reclamation project 
that is located in any State or area described in the 
first section of the Act of June 17, 1902 (43 U.S.C. 
391). 
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER 
PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a cli-
mate change adaptation program—
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(1) to coordinate with the Administrator and 
other appropriate agencies to assess each effect of, and 
risk resulting from, global climate change with respect 
to the quantity of water resources located in a service 
area; and 
(2) to ensure, to the maximum extent possible, 
that strategies are developed at watershed and aquifer 
system scales to address potential water shortages, 
conflicts, and other impacts to water users located at, 
and the environment of, each service area. 
(b) REQUIRED ELEMENTS.—In carrying out the pro-
gram described in subsection (a), the Secretary shall— 
(1) coordinate with the United States Geological 
Survey, the National Oceanic and Atmospheric Ad-
ministration, the program, and each appropriate 
State water resource agency, to ensure that the Sec-
retary has access to the best available scientific infor-
mation with respect to presently observed and pro-
jected future impacts of global climate change on 
water resources; 
(2) assess specific risks to the water supply of 
each major reclamation river basin, including any 
risk relating to— 
(A) a change in snowpack;
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(B) changes in the timing and quantity of 
runoff; 
(C) changes in groundwater recharge and 
discharge; and 
(D) any increase in— 
(i) the demand for water as a result of 
increasing temperatures; and 
(ii) the rate of reservoir evaporation; 
(3) with respect to each major reclamation river 
basin, analyze the extent to which changes in the 
water supply of the United States will impact— 
(A) the ability of the Secretary to deliver 
water to the contractors of the Secretary; 
(B) hydroelectric power generation facili-
ties; 
(C) recreation at reclamation facilities; 
(D) fish and wildlife habitat; 
(E) applicable species listed as an endan-
gered, threatened, or candidate species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.); 
(F) water quality issues (including salinity 
levels of each major reclamation river basin); 
(G) flow and water dependent ecological re-
siliency; and
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(H) flood control management; 
(4) in consultation with appropriate non-Federal 
participants, consider and develop appropriate strate-
gies to mitigate each impact of water supply changes 
analyzed by the Secretary under paragraph (3), in-
cluding strategies relating to— 
(A) the modification of any reservoir stor-
age or operating guideline in existence as of the 
date of enactment of this Act; 
(B) the development of new water manage-
ment, operating, or habitat restoration plans; 
(C) water conservation; 
(D) improved hydrologic models and other 
decision support systems; and 
(E) groundwater and surface water storage 
needs; and 
(5) in consultation with the Director, the Ad-
ministrator, the Secretary of Agriculture (acting 
through the Chief of the Natural Resources Conserva-
tion Service), and applicable State water resource 
agencies, develop a monitoring plan to acquire and 
maintain water resources data— 
(A) to strengthen the understanding of 
water supply trends; and
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† HR 146 EAS 
(B) to assist in each assessment and anal-
ysis conducted by the Secretary under para-
graphs (2) and (3). 
(c) REPORTING.—Not later than 2 years after the date 
of enactment of this Act, and every 5 years thereafter, the 
Secretary shall submit to the appropriate committees of 
Congress a report that describes— 
(1) each effect of, and risk resulting from, global 
climate change with respect to the quantity of water 
resources located in each major reclamation river 
basin; 
(2) the impact of global climate change with re-
spect to the operations of the Secretary in each major 
reclamation river basin; 
(3) each mitigation and adaptation strategy con-
sidered and implemented by the Secretary to address 
each effect of global climate change described in para-
graph (1); 
(4) each coordination activity conducted by the 
Secretary with— 
(A) the Director; 
(B) the Administrator; 
(C) the Secretary of Agriculture (acting 
through the Chief of the Natural Resources Con-
servation Service); or
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† HR 146 EAS 
(D) any appropriate State water resource 
agency; and 
(5) the implementation by the Secretary of the 
monitoring plan developed under subsection (b)(5). 
(d) FEASIBILITY STUDIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary, 
in cooperation with any non-Federal participant, 
may conduct 1 or more studies to determine the feasi-
bility and impact on ecological resiliency of imple-
menting each mitigation and adaptation strategy de-
scribed in subsection (c)(3), including the construc-
tion of any water supply, water management, envi-
ronmental, or habitat enhancement water infrastruc-
ture that the Secretary determines to be necessary to 
address the effects of global climate change on water 
resources located in each major reclamation river 
basin. 
(2) COST SHARING.— 
(A) FEDERAL SHARE.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Federal share of the cost 
of a study described in paragraph (1) shall 
not exceed 50 percent of the cost of the 
study.
896 
† HR 146 EAS 
(ii) EXCEPTION RELATING TO FINAN-
CIAL
HARDSHIP.—The Secretary may in-
crease the Federal share of the cost of a 
study described in paragraph (1) to exceed 
50 percent of the cost of the study if the Sec-
retary determines that, due to a financial 
hardship, the non-Federal participant of the 
study is unable to contribute an amount 
equal to 50 percent of the cost of the study. 
(B) NON-FEDERAL SHARE.—The non-Fed-
eral share of the cost of a study described in 
paragraph (1) may be provided in the form of 
any in-kind services that substantially contribute 
toward the completion of the study, as deter-
mined by the Secretary. 
(e) NO EFFECT ON EXISTING AUTHORITY.—Nothing 
in this section amends or otherwise affects any existing au-
thority under reclamation laws that govern the operation 
of any Federal reclamation project. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section for each of fiscal years 2009 
through 2023, to remain available until expended.
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† HR 146 EAS 
SEC. 9504. WATER MANAGEMENT IMPROVEMENT. 
(a) AUTHORIZATION OF GRANTS AND COOPERATIVE 
AGREEMENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary 
may provide any grant to, or enter into an agreement 
with, any eligible applicant to assist the eligible ap-
plicant in planning, designing, or constructing any 
improvement— 
(A) to conserve water; 
(B) to increase water use efficiency; 
(C) to facilitate water markets; 
(D) to enhance water management, includ-
ing increasing the use of renewable energy in the 
management and delivery of water; 
(E) to accelerate the adoption and use of 
advanced water treatment technologies to in-
crease water supply; 
(F) to prevent the decline of species that the 
United States Fish and Wildlife Service and Na-
tional Marine Fisheries Service have proposed 
for listing under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) (or candidate spe-
cies that are being considered by those agencies 
for such listing but are not yet the subject of a 
proposed rule);
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† HR 146 EAS 
(G) to accelerate the recovery of threatened 
species, endangered species, and designated crit-
ical habitats that are adversely affected by Fed-
eral reclamation projects or are subject to a re-
covery plan or conservation plan under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) under which the Commissioner of Reclama-
tion has implementation responsibilities; or 
(H) to carry out any other activity— 
(i) to address any climate-related im-
pact to the water supply of the United 
States that increases ecological resiliency to 
the impacts of climate change; or 
(ii) to prevent any water-related crisis 
or conflict at any watershed that has a 
nexus to a Federal reclamation project lo-
cated in a service area. 
(2) APPLICATION.—To be eligible to receive a 
grant, or enter into an agreement with the Secretary 
under paragraph (1), an eligible applicant shall— 
(A) be located within the States and areas 
referred to in the first section of the Act of June 
17, 1902 (43 U.S.C. 391); and 
(B) submit to the Secretary an application 
that includes a proposal of the improvement or
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† HR 146 EAS 
activity to be planned, designed, constructed, or 
implemented by the eligible applicant. 
(3) REQUIREMENTS OF GRANTS AND COOPERA-
TIVE AGREEMENTS.— 
(A) COMPLIANCE WITH REQUIREMENTS.— 
Each grant and agreement entered into by the 
Secretary with any eligible applicant under 
paragraph (1) shall be in compliance with each 
requirement described in subparagraphs (B) 
through (F). 
(B) AGRICULTURAL OPERATIONS.—In car-
rying out paragraph (1), the Secretary shall not 
provide a grant, or enter into an agreement, for 
an improvement to conserve irrigation water un-
less the eligible applicant agrees not— 
(i) to use any associated water savings 
to increase the total irrigated acreage of the 
eligible applicant; or 
(ii) to otherwise increase the consump-
tive use of water in the operation of the eli-
gible applicant, as determined pursuant to 
the law of the State in which the operation 
of the eligible applicant is located. 
(C) 
NONREIMBURSABLE
FUNDS.—Any 
funds provided by the Secretary to an eligible
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† HR 146 EAS 
applicant through a grant or agreement under 
paragraph (1) shall be nonreimbursable. 
(D) TITLE TO IMPROVEMENTS.—If an in-
frastructure improvement to a federally owned 
facility is the subject of a grant or other agree-
ment entered into between the Secretary and an 
eligible applicant under paragraph (1), the Fed-
eral Government shall continue to hold title to 
the facility and improvements to the facility. 
(E) COST SHARING.— 
(i) FEDERAL
SHARE.—The Federal 
share of the cost of any infrastructure im-
provement or activity that is the subject of 
a grant or other agreement entered into be-
tween the Secretary and an eligible appli-
cant under paragraph (1) shall not exceed 
50 percent of the cost of the infrastructure 
improvement or activity. 
(ii) CALCULATION
OF
NON-FEDERAL 
SHARE.—In calculating the non-Federal 
share of the cost of an infrastructure im-
provement or activity proposed by an eligi-
ble applicant through an application sub-
mitted by the eligible applicant under para-
graph (2), the Secretary shall—
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† HR 146 EAS 
(I) consider the value of any in- 
kind services that substantially con-
tributes toward the completion of the 
improvement or activity, as deter-
mined by the Secretary; and 
(II) 
not 
consider 
any 
other 
amount that the eligible applicant re-
ceives from a Federal agency. 
(iii) MAXIMUM AMOUNT.—The amount 
provided to an eligible applicant through a 
grant or other agreement under paragraph 
(1) shall be not more than $5,000,000. 
(iv) OPERATION
AND
MAINTENANCE 
COSTS.—The non-Federal share of the cost 
of operating and maintaining any infra-
structure improvement that is the subject of 
a grant or other agreement entered into be-
tween the Secretary and an eligible appli-
cant under paragraph (1) shall be 100 per-
cent. 
(F) LIABILITY.— 
(i) IN GENERAL.—Except as provided 
under chapter 171 of title 28, United States 
Code (commonly known as the ‘‘Federal 
Tort Claims Act’’), the United States shall
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† HR 146 EAS 
not be liable for monetary damages of any 
kind for any injury arising out of an act, 
omission, or occurrence that arises in rela-
tion to any facility created or improved 
under this section, the title of which is not 
held by the United States. 
(ii) TORT
CLAIMS
ACT.—Nothing in 
this section increases the liability of the 
United States beyond that provided in 
chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort 
Claims Act’’). 
(b) RESEARCH AGREEMENTS.— 
(1) AUTHORITY OF SECRETARY.—The Secretary 
may enter into 1 or more agreements with any uni-
versity, nonprofit research institution, or organiza-
tion with water or power delivery authority to fund 
any research activity that is designed— 
(A) to conserve water resources; 
(B) to increase the efficiency of the use of 
water resources; or 
(C) to enhance the management of water re-
sources, including increasing the use of renew-
able energy in the management and delivery of 
water.
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† HR 146 EAS 
(2) TERMS AND CONDITIONS OF SECRETARY.— 
(A) IN
GENERAL.—An agreement entered 
into between the Secretary and any university, 
institution, or organization described in para-
graph (1) shall be subject to such terms and con-
ditions as the Secretary determines to be appro-
priate. 
(B) AVAILABILITY.—The agreements under 
this subsection shall be available to all Reclama-
tion projects and programs that may benefit 
from project-specific or programmatic coopera-
tive research and development. 
(c) MUTUAL BENEFIT.—Grants or other agreements 
made under this section may be for the mutual benefit of 
the United States and the entity that is provided the grant 
or enters into the cooperative agreement. 
(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHOR-
ITY.—This section shall not supersede any existing project- 
specific funding authority. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$200,000,000, to remain available until expended. 
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT. 
(a) DUTY OF SECRETARY OF ENERGY.—The Secretary 
of Energy, in consultation with the Administrator of each
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† HR 146 EAS 
Federal Power Marketing Administration, shall assess each 
effect of, and risk resulting from, global climate change with 
respect to water supplies that are required for the genera-
tion of hydroelectric power at each Federal water project 
that is applicable to a Federal Power Marketing Adminis-
tration. 
(b) ACCESS TO APPROPRIATE DATA.— 
(1) IN GENERAL.—In carrying out each assess-
ment under subsection (a), the Secretary of Energy 
shall consult with the United States Geological Sur-
vey, the National Oceanic and Atmospheric Adminis-
tration, the program, and each appropriate State 
water resource agency, to ensure that the Secretary of 
Energy has access to the best available scientific in-
formation with respect to presently observed impacts 
and projected future impacts of global climate change 
on water supplies that are used to produce hydro-
electric power. 
(2) ACCESS
TO
DATA
FOR
CERTAIN
ASSESS-
MENTS.—In carrying out each assessment under sub-
section (a), with respect to the Bonneville Power Ad-
ministration and the Western Area Power Adminis-
tration, the Secretary of Energy shall consult with the 
Commissioner to access data and other information 
that—
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† HR 146 EAS 
(A) is collected by the Commissioner; and 
(B) the Secretary of Energy determines to 
be necessary for the conduct of the assessment. 
(c) REPORT.—Not later than 2 years after the date of 
enactment of this Act, and every 5 years thereafter, the Sec-
retary of Energy shall submit to the appropriate committees 
of Congress a report that describes— 
(1) each effect of, and risk resulting from, global 
climate change with respect to— 
(A) water supplies used for hydroelectric 
power generation; and 
(B) power supplies marketed by each Fed-
eral Power Marketing Administration, pursuant 
to— 
(i) long-term power contracts; 
(ii) contingent capacity contracts; and 
(iii) short-term sales; and 
(2) each recommendation of the Administrator of 
each Federal Power Marketing Administration relat-
ing to any change in any operation or contracting 
practice of each Federal Power Marketing Adminis-
tration to address each effect and risk described in 
paragraph (1), including the use of purchased power 
to meet long-term commitments of each Federal Power 
Marketing Administration.
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† HR 146 EAS 
(d) AUTHORITY.—The Secretary of Energy may enter 
into contracts, grants, or other agreements with appropriate 
entities to carry out this section. 
(e) COSTS.— 
(1) NONREIMBURSABLE.—Any costs incurred by 
the Secretary of Energy in carrying out this section 
shall be nonreimbursable. 
(2) PMA COSTS.—Each Federal Power Mar-
keting Administration shall incur costs in carrying 
out this section only to the extent that appropriated 
funds are provided by the Secretary of Energy for 
that purpose. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section for each of fiscal years 2009 
through 2023, to remain available until expended. 
SEC. 
9506. 
CLIMATE 
CHANGE 
AND 
WATER 
INTRAGOVERNMENTAL PANEL. 
(a) ESTABLISHMENT.—The Secretary and the Admin-
istrator shall establish and lead a climate change and water 
intragovernmental panel— 
(1) to review the current scientific understanding 
of each impact of global climate change on the quan-
tity and quality of freshwater resources of the United 
States; and
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† HR 146 EAS 
(2) to develop any strategy that the panel deter-
mines to be necessary to improve observational capa-
bilities, expand data acquisition, or take other ac-
tions— 
(A) to increase the reliability and accuracy 
of modeling and prediction systems to benefit 
water managers at the Federal, State, and local 
levels; and 
(B) to increase the understanding of the im-
pacts of climate change on aquatic ecosystems. 
(b) MEMBERSHIP.—The panel shall be comprised of— 
(1) the Secretary; 
(2) the Director; 
(3) the Administrator; 
(4) the Secretary of Agriculture (acting through 
the Under Secretary for Natural Resources and Envi-
ronment); 
(5) the Commissioner; 
(6) the Secretary of the Army, acting through the 
Chief of Engineers; 
(7) the Administrator of the Environmental Pro-
tection Agency; and 
(8) the Secretary of Energy. 
(c) REVIEW ELEMENTS.—In conducting the review 
and developing the strategy under subsection (a), the panel
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† HR 146 EAS 
shall consult with State water resource agencies, the Advi-
sory Committee, drinking water utilities, water research or-
ganizations, and relevant water user, environmental, and 
other nongovernmental organizations— 
(1) to assess the extent to which the conduct of 
measures of streamflow, groundwater levels, soil mois-
ture, evapotranspiration rates, evaporation rates, 
snowpack levels, precipitation amounts, flood risk, 
and glacier mass is necessary to improve the under-
standing of the Federal Government and the States 
with respect to each impact of global climate change 
on water resources; 
(2) to identify data gaps in current water moni-
toring networks that must be addressed to improve the 
capability of the Federal Government and the States 
to measure, analyze, and predict changes to the qual-
ity and quantity of water resources, including flood 
risks, that are directly or indirectly affected by global 
climate change; 
(3) to establish data management and commu-
nication protocols and standards to increase the qual-
ity and efficiency by which each Federal agency ac-
quires and reports relevant data;
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† HR 146 EAS 
(4) to consider options for the establishment of a 
data portal to enhance access to water resource 
data— 
(A) relating to each nationally significant 
freshwater watershed and aquifer located in the 
United States; and 
(B) that is collected by each Federal agency 
and any other public or private entity for each 
nationally significant freshwater watershed and 
aquifer located in the United States; 
(5) to facilitate the development of hydrologic 
and other models to integrate data that reflects 
groundwater and surface water interactions; and 
(6) to apply the hydrologic and other models de-
veloped under paragraph (5) to water resource man-
agement problems identified by the panel, including 
the need to maintain or improve ecological resiliency 
at watershed and aquifer system scales. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to the 
appropriate committees of Congress a report that describes 
the review conducted, and the strategy developed, by the 
panel under subsection (a). 
(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY 
DEVELOPMENT PROJECTS.—
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† HR 146 EAS 
(1) AUTHORITY OF SECRETARY.—The Secretary, 
in consultation with the panel and the Advisory Com-
mittee, may provide grants to, or enter into any con-
tract, cooperative agreement, interagency agreement, 
or other transaction with, an appropriate entity to 
carry out any demonstration, research, or method-
ology development project that the Secretary deter-
mines to be necessary to assist in the implementation 
of the strategy developed by the panel under sub-
section (a)(2). 
(2) REQUIREMENTS.— 
(A) 
MAXIMUM
AMOUNT
OF
FEDERAL 
SHARE.—The Federal share of the cost of any 
demonstration, research, or methodology develop-
ment project that is the subject of any grant, 
contract, cooperative agreement, interagency 
agreement, or other transaction entered into be-
tween the Secretary and an appropriate entity 
under paragraph (1) shall not exceed $1,000,000. 
(B) REPORT.—An appropriate entity that 
receives funds from a grant, contract, cooperative 
agreement, interagency agreement, or other 
transaction entered into between the Secretary 
and the appropriate entity under paragraph (1) 
shall submit to the Secretary a report describing
911 
† HR 146 EAS 
the results of the demonstration, research, or 
methodology development project conducted by 
the appropriate entity. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out subsections (a) through (d) 
$2,000,000 for each of fiscal years 2009 through 2011, 
to remain available until expended. 
(2) DEMONSTRATION, RESEARCH, AND METHOD-
OLOGY DEVELOPMENT PROJECTS.—There is author-
ized to be appropriated to carry out subsection (e) 
$10,000,000 for the period of fiscal years 2009 
through 2013, to remain available until expended. 
SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES 
GEOLOGICAL SURVEY. 
(a) NATIONAL
STREAMFLOW
INFORMATION
PRO-
GRAM.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Advisory Committee and the Panel and con-
sistent with this section, shall proceed with implemen-
tation of the national streamflow information pro-
gram, as reviewed by the National Research Council 
in 2004.
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† HR 146 EAS 
(2) REQUIREMENTS.—In conducting the na-
tional streamflow information program, the Secretary 
shall— 
(A) measure streamflow and related envi-
ronmental variables in nationally significant 
watersheds— 
(i) in a reliable and continuous man-
ner; and 
(ii) to develop a comprehensive source 
of information on which public and private 
decisions relating to the management of 
water resources may be based; 
(B) provide for a better understanding of 
hydrologic 
extremes 
(including 
floods 
and 
droughts) through the conduct of intensive data 
collection activities during and following hydro-
logic extremes; 
(C) establish a base network that provides 
resources that are necessary for— 
(i) the monitoring of long-term changes 
in streamflow; and 
(ii) the conduct of assessments to deter-
mine the extent to which each long-term 
change monitored under clause (i) is related 
to global climate change;
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† HR 146 EAS 
(D) integrate the national streamflow infor-
mation program with data collection activities of 
Federal agencies and appropriate State water re-
source agencies (including the National Inte-
grated Drought Information System)— 
(i) to enhance the comprehensive un-
derstanding of water availability; 
(ii) to improve flood-hazard assess-
ments; 
(iii) to identify any data gap with re-
spect to water resources; and 
(iv) to improve hydrologic forecasting; 
and 
(E) incorporate principles of adaptive man-
agement in the conduct of periodic reviews of in-
formation 
collected 
under 
the 
national 
streamflow information program to assess wheth-
er the objectives of the national streamflow infor-
mation program are being adequately addressed. 
(3) IMPROVED METHODOLOGIES.—The Secretary 
shall— 
(A) improve methodologies relating to the 
analysis and delivery of data; and 
(B) investigate, develop, and implement 
new methodologies and technologies to estimate
914 
† HR 146 EAS 
or measure streamflow in a more cost-efficient 
manner. 
(4) NETWORK ENHANCEMENT.— 
(A) IN GENERAL.—Not later than 10 years 
after the date of enactment of this Act, in accord-
ance with subparagraph (B), the Secretary 
shall— 
(i) increase the number of streamgages 
funded by the national streamflow informa-
tion program to a quantity of not less than 
4,700 sites; and 
(ii) ensure all streamgages are flood- 
hardened and equipped with water-quality 
sensors and modernized telemetry. 
(B) REQUIREMENTS OF SITES.—Each site 
described in subparagraph (A) shall conform 
with the National Streamflow Information Pro-
gram plan as reviewed by the National Research 
Council. 
(5) FEDERAL SHARE.—The Federal share of the 
national streamgaging network established pursuant 
to this subsection shall be 100 percent of the cost of 
carrying out the national streamgaging network. 
(6) AUTHORIZATION OF APPROPRIATIONS.—
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† HR 146 EAS 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), there are authorized to be ap-
propriated such sums as are necessary to operate 
the national streamflow information program for 
the period of fiscal years 2009 through 2023, to 
remain available until expended. 
(B) NETWORK ENHANCEMENT FUNDING.— 
There is authorized to be appropriated to carry 
out the network enhancements described in para-
graph (4) $10,000,000 for each of fiscal years 
2009 through 2019, to remain available until ex-
pended. 
(b) NATIONAL
GROUNDWATER
RESOURCES
MONI-
TORING.— 
(1) IN GENERAL.—The Secretary shall develop a 
systematic groundwater monitoring program for each 
major aquifer system located in the United States. 
(2) PROGRAM
ELEMENTS.—In developing the 
monitoring program described in paragraph (1), the 
Secretary shall— 
(A) establish appropriate criteria for moni-
toring wells to ensure the acquisition of long- 
term, high-quality data sets, including, to the 
maximum extent possible, the inclusion of real- 
time instrumentation and reporting;
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† HR 146 EAS 
(B) in coordination with the Advisory Com-
mittee and State and local water resource agen-
cies— 
(i) assess the current scope of ground-
water monitoring based on the access avail-
ability and capability of each monitoring 
well in existence as of the date of enactment 
of this Act; and 
(ii) develop and carry out a moni-
toring plan that maximizes coverage for 
each major aquifer system that is located in 
the United States; and 
(C) prior to initiating any specific moni-
toring activities within a State after the date of 
enactment of this Act, consult and coordinate 
with the applicable State water resource agency 
with jurisdiction over the aquifer that is the sub-
ject of the monitoring activities, and comply 
with all applicable laws (including regulations) 
of the State. 
(3) PROGRAM OBJECTIVES.—In carrying out the 
monitoring program described in paragraph (1), the 
Secretary shall—
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† HR 146 EAS 
(A) provide data that is necessary for the 
improvement of understanding with respect to 
surface water and groundwater interactions; 
(B) by expanding the network of monitoring 
wells to reach each climate division, support the 
groundwater climate response network to im-
prove the understanding of the effects of global 
climate change on groundwater recharge and 
availability; and 
(C) support the objectives of the assessment 
program. 
(4) IMPROVED METHODOLOGIES.—The Secretary 
shall— 
(A) improve methodologies relating to the 
analysis and delivery of data; and 
(B) investigate, develop, and implement 
new methodologies and technologies to estimate 
or measure groundwater recharge, discharge, and 
storage in a more cost-efficient manner. 
(5) FEDERAL SHARE.—The Federal share of the 
monitoring program described in paragraph (1) may 
be 100 percent of the cost of carrying out the moni-
toring program. 
(6) PRIORITY.—In selecting monitoring activi-
ties consistent with the monitoring program described
918 
† HR 146 EAS 
in paragraph (1), the Secretary shall give priority to 
those activities for which a State or local govern-
mental entity agrees to provide for a substantial 
share of the cost of establishing or operating a moni-
toring well or other measuring device to carry out a 
monitoring activity. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums as 
are necessary to carry out this subsection for the pe-
riod of fiscal years 2009 through 2023, to remain 
available until expended. 
(c) BRACKISH GROUNDWATER ASSESSMENT.— 
(1) STUDY.—The Secretary, in consultation with 
State and local water resource agencies, shall conduct 
a study of available data and other relevant informa-
tion— 
(A) to identify significant brackish ground-
water resources located in the United States; and 
(B) to consolidate any available data relat-
ing to each groundwater resource identified 
under subparagraph (A). 
(2) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the appropriate committees of Congress a re-
port that includes—
919 
† HR 146 EAS 
(A) a description of each— 
(i) significant brackish aquifer that is 
located in the United States (including 1 or 
more maps of each significant brackish aq-
uifer that is located in the United States); 
(ii) data gap that is required to be ad-
dressed to fully characterize each brackish 
aquifer described in clause (i); and 
(iii) current use of brackish ground-
water that is supplied by each brackish aq-
uifer described in clause (i); and 
(B) a summary of the information available 
as of the date of enactment of this Act with re-
spect to each brackish aquifer described in sub-
paragraph (A)(i) (including the known level of 
total dissolved solids in each brackish aquifer). 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $3,000,000 for the period of fiscal 
years 2009 through 2011, to remain available until 
expended. 
(d) IMPROVED WATER ESTIMATION, MEASUREMENT, 
AND MONITORING TECHNOLOGIES.— 
(1) AUTHORITY OF SECRETARY.—The Secretary 
may provide grants on a nonreimbursable basis to
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† HR 146 EAS 
appropriate entities with expertise in water resource 
data acquisition and reporting, including Federal 
agencies, the Water Resources Research Institutes and 
other academic institutions, and private entities, to— 
(A) investigate, develop, and implement new 
methodologies and technologies to estimate or 
measure water resources data in a cost-efficient 
manner; and 
(B) improve methodologies relating to the 
analysis and delivery of data. 
(2) PRIORITY.—In providing grants to appro-
priate entities under paragraph (1), the Secretary 
shall give priority to appropriate entities that pro-
pose the development of new methods and technologies 
for— 
(A) predicting and measuring streamflows; 
(B) estimating changes in the storage of 
groundwater; 
(C) improving data standards and methods 
of analysis (including the validation of data en-
tered into geographic information system data-
bases); 
(D) measuring precipitation and potential 
evapotranspiration; and
921 
† HR 146 EAS 
(E) water withdrawals, return flows, and 
consumptive use. 
(3) PARTNERSHIPS.—In recognition of the value 
of collaboration to foster innovation and enhance re-
search and development efforts, the Secretary shall en-
courage partnerships, including public-private part-
nerships, between and among Federal agencies, aca-
demic institutions, and private entities to promote the 
objectives described in paragraph (1). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $5,000,000 for each of fiscal years 
2009 through 2019. 
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE AS-
SESSMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary, in coordination 
with the Advisory Committee and State and local water re-
source agencies, shall establish a national assessment pro-
gram to be known as the ‘‘national water availability and 
use assessment program’’— 
(1) to provide a more accurate assessment of the 
status of the water resources of the United States; 
(2) to assist in the determination of the quantity 
of water that is available for beneficial uses;
922 
† HR 146 EAS 
(3) to assist in the determination of the quality 
of the water resources of the United States; 
(4) to identify long-term trends in water avail-
ability; 
(5) to use each long-term trend described in 
paragraph (4) to provide a more accurate assessment 
of the change in the availability of water in the 
United States; and 
(6) to develop the basis for an improved ability 
to forecast the availability of water for future eco-
nomic, energy production, and environmental uses. 
(b) PROGRAM ELEMENTS.— 
(1) WATER USE.—In carrying out the assessment 
program, the Secretary shall conduct any appropriate 
activity to carry out an ongoing assessment of water 
use in hydrologic accounting units and major aquifer 
systems located in the United States, including— 
(A) the maintenance of a comprehensive na-
tional water use inventory to enhance the level of 
understanding with respect to the effects of spa-
tial and temporal patterns of water use on the 
availability and sustainable use of water re-
sources; 
(B) the incorporation of water use science 
principles, with an emphasis on applied research
923 
† HR 146 EAS 
and statistical estimation techniques in the as-
sessment of water use; 
(C) the integration of any dataset main-
tained by any other Federal or State agency into 
the dataset maintained by the Secretary; and 
(D) a focus on the scientific integration of 
any data relating to water use, water flow, or 
water quality to generate relevant information 
relating to the impact of human activity on 
water and ecological resources. 
(2) WATER AVAILABILITY.—In carrying out the 
assessment program, the Secretary shall conduct an 
ongoing assessment of water availability by— 
(A) developing and evaluating nationally 
consistent indicators that reflect each status and 
trend relating to the availability of water re-
sources in the United States, including— 
(i) surface water indicators, such as 
streamflow and surface water storage meas-
ures (including lakes, reservoirs, perennial 
snowfields, and glaciers); 
(ii) groundwater indicators, including 
groundwater 
level 
measurements 
and 
changes in groundwater levels due to— 
(I) natural recharge;
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† HR 146 EAS 
(II) withdrawals; 
(III) saltwater intrusion; 
(IV) mine dewatering; 
(V) land drainage; 
(VI) artificial recharge; and 
(VII) other relevant factors, as de-
termined by the Secretary; and 
(iii) impaired surface water and 
groundwater supplies that are known, acces-
sible, and used to meet ongoing water de-
mands; 
(B) maintaining a national database of 
water availability data that— 
(i) is comprised of maps, reports, and 
other forms of interpreted data; 
(ii) provides electronic access to the 
archived data of the national database; and 
(iii) provides for real-time data collec-
tion; and 
(C) developing and applying predictive 
modeling tools that integrate groundwater, sur-
face water, and ecological systems. 
(c) GRANT PROGRAM.—
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† HR 146 EAS 
(1) AUTHORITY OF SECRETARY.—The Secretary 
may provide grants to State water resource agencies 
to assist State water resource agencies in— 
(A) developing water use and availability 
datasets that are integrated with each appro-
priate dataset developed or maintained by the 
Secretary; or 
(B) integrating any water use or water 
availability dataset of the State water resource 
agency into each appropriate dataset developed 
or maintained by the Secretary. 
(2) CRITERIA.—To be eligible to receive a grant 
under paragraph (1), a State water resource agency 
shall demonstrate to the Secretary that the water use 
and availability dataset proposed to be established or 
integrated by the State water resource agency— 
(A) is in compliance with each quality and 
conformity standard established by the Secretary 
to ensure that the data will be capable of inte-
gration with any national dataset; and 
(B) will enhance the ability of the officials 
of the State or the State water resource agency 
to carry out each water management and regu-
latory responsibility of the officials of the State
926 
† HR 146 EAS 
in accordance with each applicable law of the 
State. 
(3) MAXIMUM AMOUNT.—The amount of a grant 
provided to a State water resource agency under 
paragraph (1) shall be an amount not more than 
$250,000. 
(d) REPORT.—Not later than December 31, 2012, and 
every 5 years thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report that provides 
a detailed assessment of— 
(1) the current availability of water resources in 
the United States, including— 
(A) historic trends and annual updates of 
river basin inflows and outflows; 
(B) surface water storage; 
(C) groundwater reserves; and 
(D) estimates of undeveloped potential re-
sources (including saline and brackish water and 
wastewater); 
(2) significant trends affecting water avail-
ability, including each documented or projected im-
pact to the availability of water as a result of global 
climate change; 
(3) the withdrawal and use of surface water and 
groundwater by various sectors, including—
927 
† HR 146 EAS 
(A) the agricultural sector; 
(B) municipalities; 
(C) the industrial sector; 
(D) thermoelectric power generators; and 
(E) hydroelectric power generators; 
(4) significant trends relating to each water use 
sector, including significant changes in water use due 
to the development of new energy supplies; 
(5) significant water use conflicts or shortages 
that have occurred or are occurring; and 
(6) each factor that has caused, or is causing, a 
conflict or shortage described in paragraph (5). 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out subsections (a), (b), and (d) 
$20,000,000 for each of fiscal years 2009 through 
2023, to remain available until expended. 
(2) GRANT PROGRAM.—There is authorized to be 
appropriated to carry out subsection (c) $12,500,000 
for the period of fiscal years 2009 through 2013, to 
remain available until expended. 
SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 
The Secretary may enter into contracts, grants, or co-
operative agreements, for periods not to exceed 5 years, to 
carry out research within the Bureau of Reclamation.
928 
† HR 146 EAS 
SEC. 9510. EFFECT. 
(a) IN GENERAL.—Nothing in this subtitle supersedes 
or limits any existing authority provided, or responsibility 
conferred, by any provision of law. 
(b) EFFECT ON STATE WATER LAW.— 
(1) IN GENERAL.—Nothing in this subtitle pre-
empts or affects any— 
(A) State water law; or 
(B) interstate compact governing water. 
(2) COMPLIANCE
REQUIRED.—The Secretary 
shall comply with applicable State water laws in car-
rying out this subtitle. 
Subtitle G—Aging Infrastructure 
SEC. 9601 DEFINITIONS. 
In this subtitle: 
(1) INSPECTION.—The term ‘‘inspection’’ means 
an inspection of a project facility carried out by the 
Secretary— 
(A) to assess and determine the general con-
dition of the project facility; and 
(B) to estimate the value of property, and 
the size of the population, that would be at risk 
if the project facility fails, is breached, or other-
wise allows flooding to occur. 
(2) PROJECT FACILITY.—The term ‘‘project facil-
ity’’ means any part or incidental feature of a
929 
† HR 146 EAS 
project, excluding high- and significant-hazard dams, 
constructed under the Federal reclamation law (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.). 
(3) RESERVED
WORKS.—The term ‘‘reserved 
works’’ mean any project facility at which the Sec-
retary carries out the operation and maintenance of 
the project facility. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Com-
missioner of Reclamation. 
(5) TRANSFERRED
WORKS.—The term ‘‘trans-
ferred works’’ means a project facility, the operation 
and maintenance of which is carried out by a non- 
Federal entity, under the provisions of a formal oper-
ation and maintenance transfer contract. 
(6) TRANSFERRED WORKS OPERATING ENTITY.— 
The term ‘‘transferred works operating entity’’ means 
the organization which is contractually responsible 
for operation and maintenance of transferred works. 
(7) EXTRAORDINARY
OPERATION
AND
MAINTE-
NANCE
WORK.—The term ‘‘extraordinary operation 
and maintenance work’’ means major, nonrecurring
930 
† HR 146 EAS 
maintenance to Reclamation-owned or operated facili-
ties, or facility components, that is— 
(A) intended to ensure the continued safe, 
dependable, and reliable delivery of authorized 
project benefits; and 
(B) greater than 10 percent of the contrac-
tor’s or the transferred works operating entity’s 
annual operation and maintenance budget for 
the facility, or greater than $100,000. 
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FA-
CILITIES AND TECHNICAL ASSISTANCE TO 
TRANSFERRED WORKS OPERATING ENTITIES. 
(a) GUIDELINES AND INSPECTIONS.— 
(1) DEVELOPMENT OF GUIDELINES.—Not later 
than 1 year after the date of enactment of this Act, 
the Secretary in consultation with transferred works 
operating entities shall develop, consistent with exist-
ing transfer contracts, specific inspection guidelines 
for project facilities which are in proximity to urban-
ized areas and which could pose a risk to public safe-
ty or property damage if such project facilities were 
to fail. 
(2) CONDUCT OF INSPECTIONS.—Not later than 
3 years after the date of enactment of this Act, the 
Secretary shall conduct inspections of those project fa-
931 
† HR 146 EAS 
cilities, which are in proximity to urbanized areas 
and which could pose a risk to public safety or prop-
erty damage if such facilities were to fail, using such 
specific inspection guidelines and criteria developed 
pursuant to paragraph (1). In selecting project facili-
ties to inspect, the Secretary shall take into account 
the potential magnitude of public safety and economic 
damage posed by each project facility. 
(3) TREATMENT OF COSTS.—The costs incurred 
by the Secretary in conducting these inspections shall 
be nonreimbursable. 
(b) USE OF INSPECTION DATA.—The Secretary shall 
use the data collected through the conduct of the inspections 
under subsection (a)(2) to— 
(1) provide recommendations to the transferred 
works operating entities for improvement of operation 
and maintenance processes, operating procedures in-
cluding operation guidelines consistent with existing 
transfer contracts, and structural modifications to 
those transferred works; 
(2) determine an appropriate inspection fre-
quency for such nondam project facilities which shall 
not exceed 6 years; and 
(3) provide, upon request of transferred work op-
erating entities, local governments, or State agencies,
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† HR 146 EAS 
information regarding potential hazards posed by ex-
isting or proposed residential, commercial, industrial 
or public-use development adjacent to project facili-
ties. 
(c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS 
OPERATING ENTITIES.— 
(1) AUTHORITY
OF
SECRETARY
TO
PROVIDE 
TECHNICAL
ASSISTANCE.—The Secretary is author-
ized, at the request of a transferred works operating 
entity in proximity to an urbanized area, to provide 
technical assistance to accomplish the following, if 
consistent with existing transfer contracts: 
(A) Development of documented operating 
procedures for a project facility. 
(B) Development of documented emergency 
notification and response procedures for a 
project facility. 
(C) Development of facility inspection cri-
teria for a project facility. 
(D) Development of a training program on 
operation and maintenance requirements and 
practices for a project facility for a transferred 
works operating entity’s workforce.
934 
† HR 146 EAS 
sonably required to preserve the structural safety of the 
project facility. 
(b) REIMBURSEMENT OF COSTS ARISING FROM EX-
TRAORDINARY OPERATION AND MAINTENANCE WORK.— 
(1) TREATMENT OF COSTS.—For reserved works, 
costs incurred by the Secretary in conducting extraor-
dinary operation and maintenance work will be allo-
cated to the authorized reimbursable purposes of the 
project and shall be repaid within 50 years, with in-
terest, from the year in which work undertaken pur-
suant to this subtitle is substantially complete. 
(2) AUTHORITY OF SECRETARY.—For transferred 
works, the Secretary is authorized to advance the costs 
incurred by the transferred works operating entity in 
conducting extraordinary operation and maintenance 
work and negotiate appropriate 50-year repayment 
contracts with project beneficiaries providing for the 
return of reimbursable costs, with interest, under this 
subsection: Provided, however, That no contract en-
tered into pursuant to this subtitle shall be deemed to 
be a new or amended contract for the purposes of sec-
tion 203(a) of the Reclamation Reform Act of 1982 
(43 U.S.C. 390cc(a)). 
(3) DETERMINATION OF INTEREST RATE.—The 
interest rate used for computing interest on work in
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† HR 146 EAS 
progress and interest on the unpaid balance of the re-
imbursable costs of extraordinary operation and 
maintenance work authorized by this subtitle shall be 
determined by the Secretary of the Treasury, as of the 
beginning of the fiscal year in which extraordinary 
operation and maintenance work is commenced, on 
the basis of average market yields on outstanding 
marketable obligations of the United States with the 
remaining periods of maturity comparable to the ap-
plicable reimbursement period of the project, adjusted 
to the nearest 1⁄8 of 1 percent on the unamortized bal-
ance of any portion of the loan. 
(c) EMERGENCY EXTRAORDINARY OPERATION
AND 
MAINTENANCE WORK.— 
(1) IN GENERAL.—The Secretary or the trans-
ferred works operating entity shall carry out any 
emergency extraordinary operation and maintenance 
work on a project facility that the Secretary deter-
mines to be necessary to minimize the risk of immi-
nent harm to public health or safety, or property. 
(2) REIMBURSEMENT.—The Secretary may ad-
vance funds for emergency extraordinary operation 
and maintenance work and shall seek reimbursement 
from the transferred works operating entity or benefit-
ting entity upon receiving a written assurance from
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† HR 146 EAS 
the governing body of such entity that it will nego-
tiate a contract pursuant to section 9603 for repay-
ment of costs incurred by the Secretary in under-
taking such work. 
(3) FUNDING.—If the Secretary determines that 
a project facility inspected and maintained pursuant 
to the guidelines and criteria set forth in section 
9602(a) requires extraordinary operation and main-
tenance pursuant to paragraph (1), the Secretary 
may provide Federal funds on a nonreimbursable 
basis sufficient to cover 35 percent of the cost of the 
extraordinary operation and maintenance allocable to 
the transferred works operating entity, which is need-
ed to minimize the risk of imminent harm. The re-
maining share of the Federal funds advanced by the 
Secretary for such work shall be repaid under sub-
section (b). 
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY 
WATER WORKS ACT. 
Nothing in this subtitle shall preclude a transferred 
works operating entity from applying and receiving a loan- 
guarantee pursuant to the Twenty-First Century Water 
Works Act (43 U.S.C. 2401 et seq.).
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† HR 146 EAS 
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as 
are necessary to carry out this subtitle. 
TITLE X—WATER SETTLEMENTS 
Subtitle A—San Joaquin River 
Restoration Settlement 
PART I—SAN JOAQUIN RIVER RESTORATION 
SETTLEMENT ACT 
SEC. 10001. SHORT TITLE. 
This part may be cited as the ‘‘San Joaquin River 
Restoration Settlement Act’’. 
SEC. 10002. PURPOSE. 
The purpose of this part is to authorize implementa-
tion of the Settlement. 
SEC. 10003. DEFINITIONS. 
In this part: 
(1) The terms ‘‘Friant Division long-term con-
tractors’’, ‘‘Interim Flows’’, ‘‘Restoration Flows’’, 
‘‘Recovered Water Account’’, ‘‘Restoration Goal’’, and 
‘‘Water Management Goal’’ have the meanings given 
the terms in the Settlement. 
(2) The term ‘‘Secretary’’ means the Secretary of 
the Interior. 
(3) The term ‘‘Settlement’’ means the Stipulation 
of Settlement dated September 13, 2006, in the litiga-
tion entitled Natural Resources Defense Council, et al.
938 
† HR 146 EAS 
v. Kirk Rodgers, et al., United States District Court, 
Eastern District of California, No. CIV. S–88–1658– 
LKK/GGH. 
SEC. 10004. IMPLEMENTATION OF SETTLEMENT. 
(a) IN GENERAL.—The Secretary of the Interior is 
hereby authorized and directed to implement the terms and 
conditions of the Settlement in cooperation with the State 
of California, including the following measures as these 
measures are prescribed in the Settlement: 
(1) Design and construct channel and structural 
improvements as described in paragraph 11 of the 
Settlement, provided, however, that the Secretary 
shall not make or fund any such improvements to fa-
cilities or property of the State of California without 
the approval of the State of California and the State’s 
agreement in 1 or more memoranda of understanding 
to participate where appropriate. 
(2) Modify Friant Dam operations so as to pro-
vide Restoration Flows and Interim Flows. 
(3) Acquire water, water rights, or options to ac-
quire water as described in paragraph 13 of the Set-
tlement, provided, however, such acquisitions shall 
only be made from willing sellers and not through 
eminent domain.
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† HR 146 EAS 
(4) Implement the terms and conditions of para-
graph 16 of the Settlement related to recirculation, re-
capture, reuse, exchange, or transfer of water released 
for Restoration Flows or Interim Flows, for the pur-
pose of accomplishing the Water Management Goal of 
the Settlement, subject to— 
(A) applicable provisions of California 
water law; 
(B) the Secretary’s use of Central Valley 
Project facilities to make Project water (other 
than water released from Friant Dam pursuant 
to the Settlement) and water acquired through 
transfers available to existing south-of-Delta 
Central Valley Project contractors; and 
(C) the Secretary’s performance of the 
Agreement of November 24, 1986, between the 
United States of America and the Department of 
Water Resources of the State of California for the 
coordinated operation of the Central Valley 
Project and the State Water Project as author-
ized by Congress in section 2(d) of the Act of Au-
gust 26, 1937 (50 Stat. 850, 100 Stat. 3051), in-
cluding any agreement to resolve conflicts aris-
ing from said Agreement.
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† HR 146 EAS 
(5) Develop and implement the Recovered Water 
Account as specified in paragraph 16(b) of the Settle-
ment, including the pricing and payment crediting 
provisions described in paragraph 16(b)(3) of the Set-
tlement, provided that all other provisions of Federal 
reclamation law shall remain applicable. 
(b) AGREEMENTS.— 
(1) AGREEMENTS WITH THE STATE.—In order to 
facilitate or expedite implementation of the Settle-
ment, the Secretary is authorized and directed to 
enter into appropriate agreements, including cost- 
sharing agreements, with the State of California. 
(2) OTHER AGREEMENTS.—The Secretary is au-
thorized to enter into contracts, memoranda of under-
standing, financial assistance agreements, cost shar-
ing agreements, and other appropriate agreements 
with State, tribal, and local governmental agencies, 
and with private parties, including agreements re-
lated to construction, improvement, and operation 
and maintenance of facilities, subject to any terms 
and conditions that the Secretary deems necessary to 
achieve the purposes of the Settlement. 
(c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL 
FUNDS.—The Secretary is authorized to accept and expend
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† HR 146 EAS 
non-Federal funds in order to facilitate implementation of 
the Settlement. 
(d) MITIGATION OF IMPACTS.—Prior to the implemen-
tation of decisions or agreements to construct, improve, op-
erate, or maintain facilities that the Secretary determines 
are needed to implement the Settlement, the Secretary shall 
identify— 
(1) the impacts associated with such actions; and 
(2) the measures which shall be implemented to 
mitigate impacts on adjacent and downstream water 
users and landowners. 
(e) DESIGN AND ENGINEERING STUDIES.—The Sec-
retary is authorized to conduct any design or engineering 
studies that are necessary to implement the Settlement. 
(f) EFFECT ON CONTRACT WATER ALLOCATIONS.—Ex-
cept as otherwise provided in this section, the implementa-
tion of the Settlement and the reintroduction of California 
Central Valley Spring Run Chinook salmon pursuant to 
the Settlement and section 10011, shall not result in the 
involuntary reduction in contract water allocations to Cen-
tral Valley Project long-term contractors, other than Friant 
Division long-term contractors. 
(g) EFFECT ON EXISTING WATER CONTRACTS.—Ex-
cept as provided in the Settlement and this part, nothing 
in this part shall modify or amend the rights and obliga-
942 
† HR 146 EAS 
tions of the parties to any existing water service, repay-
ment, purchase, or exchange contract. 
(h) INTERIM FLOWS.— 
(1) STUDY REQUIRED.—Prior to releasing any 
Interim Flows under the Settlement, the Secretary 
shall prepare an analysis in compliance with the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), including at a minimum— 
(A) an analysis of channel conveyance ca-
pacities and potential for levee or groundwater 
seepage; 
(B) a description of the associated seepage 
monitoring program; 
(C) an evaluation of— 
(i) possible impacts associated with the 
release of Interim Flows; and 
(ii) mitigation measures for those im-
pacts that are determined to be significant; 
(D) a description of the associated flow 
monitoring program; and 
(E) an analysis of the likely Federal costs, 
if any, of any fish screens, fish bypass facilities, 
fish salvage facilities, and related operations on 
the San Joaquin River south of the confluence 
with the Merced River required under the En-
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† HR 146 EAS 
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) as a result of the Interim Flows. 
(2) CONDITIONS FOR RELEASE.—The Secretary 
is authorized to release Interim Flows to the extent 
that such flows would not— 
(A) impede or delay completion of the meas-
ures specified in Paragraph 11(a) of the Settle-
ment; or 
(B) exceed existing downstream channel ca-
pacities. 
(3) SEEPAGE IMPACTS.—The Secretary shall re-
duce Interim Flows to the extent necessary to address 
any material adverse impacts to third parties from 
groundwater seepage caused by such flows that the 
Secretary identifies based on the monitoring program 
of the Secretary. 
(4) TEMPORARY FISH BARRIER PROGRAM.—The 
Secretary, in consultation with the California De-
partment of Fish and Game, shall evaluate the effec-
tiveness of the Hills Ferry barrier in preventing the 
unintended upstream migration of anadromous fish 
in the San Joaquin River and any false migratory 
pathways. If that evaluation determines that any 
such migration past the barrier is caused by the in-
troduction of the Interim Flows and that the presence
944 
† HR 146 EAS 
of such fish will result in the imposition of additional 
regulatory actions against third parties, the Secretary 
is authorized to assist the Department of Fish and 
Game in making improvements to the barrier. From 
funding made available in accordance with section 
10009, if third parties along the San Joaquin River 
south of its confluence with the Merced River are re-
quired to install fish screens or fish bypass facilities 
due to the release of Interim Flows in order to comply 
with the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), the Secretary shall bear the costs of the 
installation of such screens or facilities if such costs 
would be borne by the Federal Government under sec-
tion 10009(a)(3), except to the extent that such costs 
are already or are further willingly borne by the 
State of California or by the third parties. 
(i) FUNDING AVAILABILITY.— 
(1) IN GENERAL.—Funds shall be collected in the 
San Joaquin River Restoration Fund through October 
1, 2019, and thereafter, with substantial amounts 
available through October 1, 2019, pursuant to section 
10009 for implementation of the Settlement and parts 
I and III, including—
945 
† HR 146 EAS 
(A) $88,000,000, to be available without 
further 
appropriation 
pursuant 
to 
section 
10009(c)(2); 
(B) additional amounts authorized to be 
appropriated, including the charges required 
under 
section 
10007 
and 
an 
estimated 
$20,000,000 from the CVP Restoration Fund 
pursuant to section 10009(b)(2); and 
(C) an aggregate commitment of at least 
$200,000,000 by the State of California. 
(2) ADDITIONAL
AMOUNTS.—Substantial addi-
tional amounts from the San Joaquin River Restora-
tion Fund shall become available without further ap-
propriation after October 1, 2019, pursuant to section 
10009(c)(2). 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection limits the availability of funds authorized 
for appropriation pursuant to section 10009(b) or 
10203(c). 
(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Sub-
ject to section 10006(b), nothing in this part shall modify 
or amend the rights and obligations under the Purchase 
Contract between Miller and Lux and the United States and 
the Second Amended Exchange Contract between the United 
States, Department of the Interior, Bureau of Reclamation
946 
† HR 146 EAS 
and Central California Irrigation District, San Luis Canal 
Company, Firebaugh Canal Water District and Columbia 
Canal Company. 
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; 
TITLE TO FACILITIES. 
(a) TITLE TO FACILITIES.—Unless acquired pursuant 
to subsection (b), title to any facility or facilities, stream 
channel, levees, or other real property modified or improved 
in the course of implementing the Settlement authorized by 
this part, and title to any modifications or improvements 
of such facility or facilities, stream channel, levees, or other 
real property— 
(1) shall remain in the owner of the property; 
and 
(2) shall not be transferred to the United States 
on account of such modifications or improvements. 
(b) ACQUISITION OF PROPERTY.— 
(1) IN GENERAL.—The Secretary is authorized to 
acquire through purchase from willing sellers any 
property, interests in property, or options to acquire 
real property needed to implement the Settlement au-
thorized by this part. 
(2) APPLICABLE LAW.—The Secretary is author-
ized, but not required, to exercise all of the authorities 
provided in section 2 of the Act of August 26, 1937
947 
† HR 146 EAS 
(50 Stat. 844, chapter 832), to carry out the measures 
authorized in this section and section 10004. 
(c) DISPOSAL OF PROPERTY.— 
(1) IN GENERAL.—Upon the Secretary’s deter-
mination that retention of title to property or inter-
ests in property acquired pursuant to this part is no 
longer needed to be held by the United States for the 
furtherance of the Settlement, the Secretary is author-
ized to dispose of such property or interest in prop-
erty on such terms and conditions as the Secretary 
deems appropriate and in the best interest of the 
United States, including possible transfer of such 
property to the State of California. 
(2) RIGHT OF FIRST REFUSAL.—In the event the 
Secretary determines that property acquired pursuant 
to this part through the exercise of its eminent do-
main authority is no longer necessary for implemen-
tation of the Settlement, the Secretary shall provide 
a right of first refusal to the property owner from 
whom the property was initially acquired, or his or 
her successor in interest, on the same terms and con-
ditions as the property is being offered to other par-
ties. 
(3) DISPOSITION OF PROCEEDS.—Proceeds from 
the disposal by sale or transfer of any such property
948 
† HR 146 EAS 
or interests in such property shall be deposited in the 
fund established by section 10009(c). 
(d) GROUNDWATER BANK.—Nothing in this part au-
thorizes the Secretary to operate a groundwater bank along 
or adjacent to the San Joaquin River upstream of the con-
fluence with the Merced River, and any such groundwater 
bank shall be operated by a non-Federal entity. 
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 
(a) APPLICABLE LAW.— 
(1) IN GENERAL.—In undertaking the measures 
authorized by this part, the Secretary and the Sec-
retary of Commerce shall comply with all applicable 
Federal and State laws, rules, and regulations, in-
cluding 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.), as nec-
essary. 
(2) ENVIRONMENTAL
REVIEWS.—The Secretary 
and the Secretary of Commerce are authorized and 
directed to initiate and expeditiously complete appli-
cable environmental reviews and consultations as 
may be necessary to effectuate the purposes of the Set-
tlement. 
(b) EFFECT ON STATE LAW.—Nothing in this part 
shall preempt State law or modify any existing obligation
949 
† HR 146 EAS 
of the United States under Federal reclamation law to oper-
ate the Central Valley Project in conformity with State law. 
(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 
(1) DEFINITION OF ENVIRONMENTAL REVIEW.— 
For purposes of this subsection, the term ‘‘environ-
mental review’’ includes any consultation and plan-
ning necessary to comply with subsection (a). 
(2) PARTICIPATION IN ENVIRONMENTAL REVIEW 
PROCESS.—In undertaking the measures authorized 
by section 10004, and for which environmental review 
is required, the Secretary may provide funds made 
available under this part to affected Federal agencies, 
State agencies, local agencies, and Indian tribes if the 
Secretary determines that such funds are necessary to 
allow the Federal agencies, State agencies, local agen-
cies, or Indian tribes to effectively participate in the 
environmental review process. 
(3) LIMITATION.—Funds may be provided under 
paragraph (2) only to support activities that directly 
contribute to the implementation of the terms and 
conditions of the Settlement. 
(d) NONREIMBURSABLE FUNDS.—The United States’ 
share of the costs of implementing this part shall be nonre-
imbursable under Federal reclamation law, provided that 
nothing in this subsection shall limit or be construed to
950 
† HR 146 EAS 
limit the use of the funds assessed and collected pursuant 
to sections 3406(c)(1) and 3407(d)(2) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public 
Law 102–575; 106 Stat. 4721, 4727), for implementation 
of the Settlement, nor shall it be construed to limit or mod-
ify existing or future Central Valley Project ratesetting poli-
cies. 
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT. 
Congress hereby finds and declares that the Settlement 
satisfies and discharges all of the obligations of the Sec-
retary contained in section 3406(c)(1) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public 
Law 102–575; 106 Stat. 4721), provided, however, that— 
(1) the Secretary shall continue to assess and col-
lect the charges provided in section 3406(c)(1) of the 
Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 Stat. 4721), 
as provided in the Settlement; and 
(2) those assessments and collections shall con-
tinue to be counted toward the requirements of the 
Secretary contained in section 3407(c)(2) of the Rec-
lamation Projects Authorization and Adjustment Act 
of 1992 (Public Law 102–575; 106 Stat. 4726).
951 
† HR 146 EAS 
SEC. 10008. NO PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Nothing in this part confers upon 
any person or entity not a party to the Settlement a private 
right of action or claim for relief to interpret or enforce 
the provisions of this part or the Settlement. 
(b) APPLICABLE LAW.—This section shall not alter or 
curtail any right of action or claim for relief under any 
other applicable law. 
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND. 
(a) IMPLEMENTATION COSTS.— 
(1) IN GENERAL.—The costs of implementing the 
Settlement shall be covered by payments or in-kind 
contributions made by Friant Division contractors 
and other non-Federal parties, including the funds 
provided in subparagraphs (A) through (D) of sub-
section (c)(1), estimated to total $440,000,000, of 
which the non-Federal payments are estimated to 
total $200,000,000 (at October 2006 price levels) and 
the amount from repaid Central Valley Project cap-
ital obligations is estimated to total $240,000,000, the 
additional Federal appropriation of $250,000,000 au-
thorized pursuant to subsection (b)(1), and such addi-
tional funds authorized pursuant to subsection (b)(2); 
provided however, that the costs of implementing the 
provisions of section 10004(a)(1) shall be shared by 
the State of California pursuant to the terms of a
952 
† HR 146 EAS 
memorandum of understanding executed by the State 
of California and the Parties to the Settlement on 
September 
13, 
2006, 
which 
includes 
at 
least 
$110,000,000 of State funds. 
(2) ADDITIONAL AGREEMENTS.— 
(A) IN GENERAL.—The Secretary shall enter 
into 1 or more agreements to fund or implement 
improvements on a project-by-project basis with 
the State of California. 
(B) REQUIREMENTS.—Any agreements en-
tered into under subparagraph (A) shall provide 
for recognition of either monetary or in-kind 
contributions toward the State of California’s 
share of the cost of implementing the provisions 
of section 10004(a)(1). 
(3) LIMITATION.—Except as provided in the Set-
tlement, to the extent that costs incurred solely to im-
plement this Settlement 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 sub-
division of the State of California, unless such costs 
are incurred on a voluntary basis. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
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† HR 146 EAS 
(1) IN GENERAL.—In addition to the funding 
provided in subsection (c), there are also authorized 
to be appropriated not to exceed $250,000,000 (at Oc-
tober 2006 price levels) to implement this part and 
the Settlement, to be available until expended; pro-
vided however, that the Secretary is authorized to 
spend such additional appropriations only in 
amounts equal to the amount of funds deposited in 
the San Joaquin River Restoration Fund (not includ-
ing payments under subsection (c)(1)(B) and proceeds 
under subsection (c)(1)(C)), the amount of in-kind 
contributions, and other non-Federal payments actu-
ally committed to the implementation of this part or 
the Settlement. 
(2) USE OF THE CENTRAL VALLEY PROJECT RES-
TORATION FUND.—The Secretary is authorized to use 
monies from the Central Valley Project Restoration 
Fund created under section 3407 of the Reclamation 
Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4727) for purposes 
of this part in an amount not to exceed $2,000,000 
(October 2006 price levels) in any fiscal year. 
(c) FUND.— 
(1) IN
GENERAL.—There is hereby established 
within the Treasury of the United States a fund, to
954 
† HR 146 EAS 
be known as the San Joaquin River Restoration 
Fund, into which the following funds shall be depos-
ited and used solely for the purpose of implementing 
the Settlement except as otherwise provided in sub-
sections (a) and (b) of section 10203: 
(A) All payments received pursuant to sec-
tion 3406(c)(1) of the Reclamation Projects Au-
thorization and Adjustment Act of 1992 (Public 
Law 102–575; 106 Stat. 4721). 
(B) The construction cost component (not 
otherwise needed to cover operation and mainte-
nance costs) of payments made by Friant Divi-
sion, Hidden Unit, and Buchanan Unit long- 
term contractors pursuant to long-term water 
service contracts or pursuant to repayment con-
tracts, including repayment contracts executed 
pursuant to section 10010. The construction cost 
repayment obligation assigned such contractors 
under such contracts shall be reduced by the 
amount paid pursuant to this paragraph and 
the appropriate share of the existing Federal in-
vestment in the Central Valley Project to be re-
covered by the Secretary pursuant to Public Law 
99–546 (100 Stat. 3050) shall be reduced by an 
equivalent sum.
955 
† HR 146 EAS 
(C) Proceeds from the sale of water pursu-
ant to the Settlement, or from the sale of prop-
erty or interests in property as provided in sec-
tion 10005. 
(D) Any non-Federal funds, including State 
cost-sharing funds, contributed to the United 
States for implementation of the Settlement, 
which the Secretary may expend without further 
appropriation for the purposes for which contrib-
uted. 
(2) AVAILABILITY.—All funds deposited into the 
Fund pursuant to subparagraphs (A), (B), and (C) of 
paragraph (1) are authorized for appropriation to 
implement the Settlement and this part, in addition 
to the authorization provided in subsections (a) and 
(b) of section 10203, except that $88,000,000 of such 
funds are available for expenditure without further 
appropriation; provided that after October 1, 2019, 
all funds in the Fund shall be available for expendi-
ture without further appropriation. 
(d) LIMITATION ON CONTRIBUTIONS.—Payments made 
by long-term contractors who receive water from the Friant 
Division and Hidden and Buchanan Units of the Central 
Valley Project pursuant to sections 3406(c)(1) and 
3407(d)(2) of the Reclamation Projects Authorization and
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† HR 146 EAS 
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 
4721, 4727) and payments made pursuant to paragraph 
16(b)(3) of the Settlement and subsection (c)(1)(B) shall be 
the limitation of such entities’ direct financial contribution 
to the Settlement, subject to the terms and conditions of 
paragraph 21 of the Settlement. 
(e) NO ADDITIONAL EXPENDITURES REQUIRED.— 
Nothing in this part shall be construed to require a Federal 
official to expend Federal funds not appropriated by Con-
gress, or to seek the appropriation of additional funds by 
Congress, for the implementation of the Settlement. 
(f) REACH 4B.— 
(1) STUDY.— 
(A) IN GENERAL.—In accordance with the 
Settlement and the memorandum of under-
standing executed pursuant to paragraph 6 of 
the Settlement, the Secretary shall conduct a 
study that specifies— 
(i) the costs of undertaking any work 
required under paragraph 11(a)(3) of the 
Settlement to increase the capacity of reach 
4B prior to reinitiation of Restoration 
Flows; 
(ii) the impacts associated with re-
initiation of such flows; and
957 
† HR 146 EAS 
(iii) measures that shall be imple-
mented to mitigate impacts. 
(B) DEADLINE.—The study under subpara-
graph (A) shall be completed prior to restoration 
of any flows other than Interim Flows. 
(2) REPORT.— 
(A) IN GENERAL.—The Secretary shall file 
a report with Congress not later than 90 days 
after issuing a determination, as required by the 
Settlement, on whether to expand channel con-
veyance capacity to 4500 cubic feet per second in 
reach 4B of the San Joaquin River, or use an 
alternative route for pulse flows, that— 
(i) explains whether the Secretary has 
decided to expand Reach 4B capacity to 
4500 cubic feet per second; and 
(ii) addresses the following matters: 
(I) The basis for the Secretary’s 
determination, whether set out in envi-
ronmental review documents or other-
wise, as to whether the expansion of 
Reach 4B would be the preferable 
means to achieve the Restoration Goal 
as provided in the Settlement, includ-
ing how different factors were assessed
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† HR 146 EAS 
such as comparative biological and 
habitat benefits, comparative costs, rel-
ative availability of State cost-sharing 
funds, and the comparative benefits 
and impacts on water temperature, 
water supply, private property, and 
local and downstream flood control. 
(II) The Secretary’s final cost es-
timate for expanding Reach 4B capac-
ity to 4500 cubic feet per second, or 
any alternative route selected, as well 
as the alternative cost estimates pro-
vided by the State, by the Restoration 
Administrator, and by the other par-
ties to the Settlement. 
(III) The Secretary’s plan for 
funding the costs of expanding Reach 
4B or any alternative route selected, 
whether by existing Federal funds pro-
vided under this subtitle, by non-Fed-
eral funds, by future Federal appro-
priations, or some combination of such 
sources. 
(B) DETERMINATION REQUIRED.—The Sec-
retary shall, to the extent feasible, make the de-
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† HR 146 EAS 
(A) without further appropriation; and 
(B) in addition to amounts appropriated 
pursuant to any authorization contained in any 
other provision of law. 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.— 
(A) EXPENDITURES.—Subject to subpara-
graph (B), for each of fiscal years 2020 through 
2034, the Secretary may expend from the Fund 
an amount not to exceed $120,000,000, plus the 
interest accrued in the Fund, for the fiscal year 
in which expenditures are made pursuant to 
paragraphs (2) and (3). 
(B) ADDITIONAL EXPENDITURES.—The Sec-
retary may expend more than $120,000,000 for 
any fiscal year if such amounts are available in 
the Fund due to expenditures not reaching 
$120,000,000 for prior fiscal years. 
(2) AUTHORITY.—The Secretary may expend 
money from the Fund to implement a settlement 
agreement approved by Congress that resolves, in 
whole or in part, litigation involving the United 
States, if the settlement agreement or implementing 
legislation requires the Bureau of Reclamation to pro-