cubic feet per second within the time period Ac-
tion IV.2.3 is applicable. 
(B) Through restrictions on export pumping 
rates as specified by Action IV.2.3, as compared 
to a modification of Action IV.2.3 that would 
provide additional water supplies, other than 
that described in subparagraph (A). 
(C) Through San Joaquin River inflow to 
export restrictions on export pumping rates spec-
ified within Action IV.2.1, as compared to the 
restrictions in the April/May period imposed by 
the State Water Resources Control Board deci-
sion D–1641. 
(D) Through San Joaquin River inflow to 
export restrictions on export pumping rates spec-
ified within Action IV.2.1, as compared to a 
modification of Action IV.2.1 that would reduce 
water supply impacts of the salmonid biological 
opinion on the Central Valley Project and the 
California State Water Project, other than that 
described in subparagraph (C). 
(3) If the Assistant Administrator identifies an 
equivalent alternative measure pursuant to para-
graph (2), the Assistant Administrator shall deter-
mine whether— 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(A) it is technically feasible and within 
Federal jurisdiction to implement the equivalent 
alternative measure; 
(B) the State of California, or subdivision 
thereof, or local agency with jurisdiction has cer-
tified in writing within 10 calendar days to the 
Assistant Administrator that it has the authority 
and capability to implement the pertinent equiv-
alent alternative measure; or 
(C) the adverse consequences of doing so are 
less than the adverse consequences of the equiva-
lent existing measure, including a concise eval-
uation of the adverse consequences to other af-
fected interests. 
(4) If the Assistant Administrator makes the de-
terminations in subparagraph (3)(A) or (3)(B), the 
Commissioner shall adjust project operations to im-
plement the equivalent alternative measure in place of 
the equivalent existing measure in order to increase 
export rates of pumping to the greatest extent possible 
while maintaining a net combined effect of equivalent 
through-Delta survival rates for the listed salmonid 
species. 
(h) TRACKING
ADVERSE
EFFECTS
BEYOND
THE 
RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
BIOLOGICAL OPINION AND COORDINATED OPERATION WITH 
THE DELTA SMELT BIOLOGICAL OPINION.— 
(1) Among the adjustments to the project oper-
ations considered through the adaptive management 
process under this section, the Assistant Adminis-
trator and the Commissioner shall— 
(A) evaluate the effects on listed salmonid 
species and water supply of the potential adjust-
ment to operational criteria described in sub-
paragraph (B); and 
(B) consider requiring that before some or 
all of the provisions of Actions IV.2.1. or IV.2.3 
are imposed in any specific instance, the Assist-
ant Administrator show that the implementation 
of these provisions in that specific instance is 
necessary to avoid a significant negative impact 
on the long-term survival of a listed salmonid 
species. 
(2) The Assistant Administrator, the Director, 
and the Commissioner, in coordination with State of-
ficials as appropriate, shall establish operational cri-
teria to coordinate management of OMR flows under 
the smelt and salmonid biological opinions, in order 
to take advantage of opportunities to provide addi-
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
tional water supplies from the coordinated implemen-
tation of the biological opinions. 
(3) The Assistant Administrator and the Com-
missioner shall document the effects of any adaptive 
management decisions related to the coordinated oper-
ation of the smelt and salmonid biological opinions 
that prioritizes the maintenance of one species at the 
expense of the other. 
(i) REAL-TIME MONITORING
AND MANAGEMENT.— 
Notwithstanding the calendar based triggers described in 
the salmonid biological opinion Reasonable and Prudent 
Alternative (RPA), the Assistant Administrator and the 
Commissioner shall not limit OMR reverse flow to ¥5,000 
cubic feet per second unless current monitoring data indi-
cate that this OMR flow limitation is reasonably required 
to avoid a significant negative impact on the long-term sur-
vival of a listed salmonid species. 
(j) EVALUATION AND IMPLEMENTATION OF MANAGE-
MENT
MEASURES.—If the quantitative estimates of 
through-Delta survival established by the Secretary for the 
adjustments in subsection (b)(2) exceed the through-Delta 
survival established for the RPAs, the Secretary shall evalu-
ate and implement the management measures in subsection 
(b)(2) as a prerequisite to implementing the RPAs con-
tained in the Salmonid Biological Opinion. 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS
(k) ACCORDANCE WITH OTHER LAW.—Consistent with 
section 706 of title 5, United States Code, decisions of the 
Assistant Administrator and the Commissioner described in 
subsections (b) through (j) shall be made in writing, on the 
basis of best scientific and commercial data currently avail-
able, and shall include an explanation of the data examined 
at the connection between those data and the decisions 
made. 
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS 
FISH 
IN 
THE 
STANISLAUS 
RIVER. 
(a) ESTABLISHMENT OF NONNATIVE PREDATOR FISH 
REMOVAL PROGRAM.—The Secretary and the districts, in 
consultation with the Director, shall jointly develop and 
conduct a nonnative predator fish removal program to re-
move nonnative striped bass, smallmouth bass, largemouth 
bass, black bass, and other nonnative predator fish species 
from the Stanislaus River. The program shall— 
(1) be scientifically based; 
(2) include methods to quantify the number and 
size of predator fish removed each year, the impact of 
such removal on the overall abundance of predator 
fish, and the impact of such removal on the popu-
lations of juvenile anadromous fish found in the 
Stanislaus River by, among other things, evaluating 
VerDate Sep 11 2014 
00:28 Jul 14, 2015
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H2898.RH
H2898
SSpencer on DSK3TPTVN1PROD with BILLS