I 
111TH CONGRESS 
1ST SESSION H. R. 3999 
To direct the Commissioner of the Bureau of Reclamation to initiate consulta-
tions under the Endangered Species Act of 1973 on the Central Valley 
Project and the California State Water Project, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2009 
Mr. CARDOZA (for himself, Mr. COSTA, and Mr. RADANOVICH) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To direct the Commissioner of the Bureau of Reclamation 
to initiate consultations under the Endangered Species 
Act of 1973 on the Central Valley Project and the Cali-
fornia State Water Project, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
RECONSULTATION 
ON 
CENTRAL 
VALLEY 
PROJECT 
AND 
THE 
CALIFORNIA 
STATE 
WATER PROJECT. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—The Congress finds and de-
clares the following: 
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(A) The United States owns and operates 
the California Central Valley Project (CVP), 
originally federally authorized under the Emer-
gency Relief Appropriation Act of 1935 (49 
Stat. 115), and reauthorized multiple times 
since— 
(i) to provide for improved navigation, 
flow regulation and flood control, storage 
and delivery of water, hydropower produc-
tion, construction of distribution systems 
to deliver water for the reclamation of arid 
and semiarid lands; 
(ii) to protect, restore, and enhance 
fish, wildlife and associated habitats; and 
(iii) to provide other beneficial uses. 
(B) The State of California owns and oper-
ates the California State Water Project (SWP), 
the Nation’s largest State-built water and 
power development and conveyance system, 
which was authorized in 1960 by a State ref-
erendum known as the Burns-Porter Act to 
provide for water storage and delivery, hydro-
power generation, flood control, recreation, 
water quality, fish and wildlife enhancement, 
and other beneficial uses. 
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(C) California is the world’s 8th largest 
economy and accounts for 13 percent of the 
Nation’s economic output. Water conveyed from 
northern to southern California through the 
Bay Delta supports 25 percent of the State’s 
economy, is a source of drinking water for over 
22 million people, irrigates nearly 50 percent of 
the Nation’s fruits and vegetables, and supplies 
numerous wildlife management and ecosystem 
restoration projects. 
(D) Several species listed under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) and potentially affected by the contin-
ued operation of the CVP and SWP are experi-
encing historic or near-historic-recorded low 
population levels. 
(E) A number of scientific investigations 
have been initiated by State, Federal, and local 
agencies, academia, and private interests to 
identify the causes of these declines and re-
corded low population levels. The vast majority 
of these studies have concluded that these spe-
cies are being impacted by a multitude of envi-
ronmental factors including predation, competi-
tion from invasive species, entrainment by pub-
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lic and private water diversions, legal and illegal 
harvest, contamination emanating from urban 
and industrial wastewater discharges, agricul-
tural and urban runoff, ocean conditions, and 
other environmental consequences associated 
with climate change. 
(F) Operations of the CVP and SWP are 
coordinated to a large degree by the Coordi-
nated 
Operations 
Agreement 
between 
the 
United States and State of California and im-
plemented by Congress in 1986 (Public Law 
99–546). 
(G) The existing and proposed operations 
of the CVP and SWP are subject to consulta-
tion with the Unites States Fish & Wildlife 
Service (FWS) and National Marine Fisheries 
Service (NMFS) under section 7(a) of the En-
dangered Species Act of 1973 (16 U.S.C. 
1536(a)). The current biological opinions were 
prepared separately, under direction by the 
United States District Court for the Eastern 
District of California, and issued December 
2008 and June 2009, respectively. 
(H) The Central Valley Project Improve-
ment Act of 1992 (Public Law 102–575) re-al-
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located on average over 1.6 million acre-feet of 
water annually away from water users for envi-
ronmental restoration, disproportionately im-
pacting rural, agricultural communities in the 
San Joaquin Valley. 
(I) The 2008 FWS and 2009 NMFS bio-
logical opinions are projected to result in an ad-
ditional 1,200,000 acre-feet of reductions annu-
ally, combined, on average. 
(J) The State of California has been hard 
hit by three critically dry years. Coupled with 
an economic downturn, severely restricted water 
supply deliveries from the CVP and SWP to 
water service users has resulted in San Joaquin 
Valley cities and farm communities suffering 
unemployment numbers upwards of 30 to 40 
percent, with tens of thousands of jobs lost, 
hundreds of thousands of acres fallowed, and 
other environmental consequences. 
(K) The current 2008 FWS and 2009 
NMFS biological opinions consider complex ac-
tions taking place in highly altered environ-
ments but do not analyze the relative impact of 
any other environmental factors affecting the 
survival or recovery of the listed species, though 
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they do acknowledge that conditions and activi-
ties not within the control of the CVP and SWP 
are likely to place substantial stress upon them. 
Further, as the 2008 FWS and 2009 NMFS 
biological opinions were developed separate of 
one another, there exist potential conflicts be-
tween them that may adversely impact one list-
ed species in an attempt to protect another. 
(2) PURPOSE.—The purpose of this section is 
to resolve these potential conflicts and to address the 
full range of environmental factors that are likely 
jeopardizing the continued existence or recovery of 
the listed species or resulting in the destruction or 
adverse modification of their critical habitat. 
(b) RECONSULTATION REQUIRED.— 
(1) IN
GENERAL.—Within 90 days after the 
date of enactment of this Act, the Commissioner of 
the Bureau of Reclamation shall initiate consultation 
with the Secretary of the Interior and the Secretary 
of Commerce regarding the existing and proposed 
operations of the Central Valley Project and the 
California State Water Project, including as de-
scribed in the Operations Criteria and Plan for the 
Central Valley Project, California, under section 7(a) 
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of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)). 
(2) COVERED SPECIES.—The consultation shall 
include all species listed under section 4(c) of such 
Act (16 U.S.C. 1533(c)) and all candidate species 
(as that term is used in that Act) that are or will 
be affected by such proposed operations. 
(3) ANALYSIS OF FACTORS.—In conducting the 
consultation required by this subsection, the Sec-
retary of the Interior and the Secretary of Com-
merce shall each— 
(A) identify, analyze, and describe all fac-
tors affecting the survival and recovery of the 
species referred to in paragraph (2), other than 
operations of the Central Valley Project and the 
California State Water Project, including— 
(i) municipal wastewater discharges; 
(ii) urban and agricultural runoff; 
(iii) industrial discharges; 
(iv) major power plant water diver-
sions and discharges; 
(v) private water diversions within the 
Sacramento-San Joaquin River Delta; and 
(vi) predation by invasive species, in-
cluding striped bass; 
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(B) identify, analyze, and describe the ef-
fect of invasive species and wastewater dis-
charges on food availability on the survival and 
recovery of the species referred to in paragraph 
(2), including changes in the composition or 
availability of prey; changes in climate; and al-
terations in the species’ critical habitat; 
(C) identify, analyze, and to the greatest 
extent practicable quantify the relative effect of 
each factor affecting the survival and recovery 
of the subject species; 
(D) rank each such factor in the order of 
its relative effect on the likelihood of the sur-
vival and recovery of the species referred to in 
paragraph (2); and 
(E) identify the specific, additional incre-
mental effect of existing and proposed discre-
tionary operations of the Central Valley Project 
and California State Water Project on the sur-
vival and recovery of the species referred to in 
paragraph (2), in relation to all other factors 
affecting such survival and recovery. 
(c) BIOLOGICAL OPINION.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and the Secretary of Commerce shall issue a 
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statement under section 7(b)(3) of the Endangered 
Species Act of 1973 (16 U.S.C. 1536(b)(3)) with re-
spect to the existing and proposed operations that 
are the subject of the consultation under subsection 
(b) of this section. 
(2) 
REASONABLE
AND
PRUDENT
ALTER-
NATIVES.—If the Secretary of the Interior and the 
Secretary of Commerce include in the statement rea-
sonable and prudent alternatives to discretionary 
project operations, they shall— 
(A) specify and specifically describe in the 
statement the increased species abundance they 
estimate will result from such alternatives; and 
(B) limit the measures required by the rea-
sonable and prudent alternative to no more 
than the proportionate effects of those discre-
tionary project operations in relation to the fac-
tors referred to in subsection (b)(3)(A) affect-
ing the species referred to in subsection (b)(2). 
(3) OTHER ACTIONS OR MEASURES.—The Sec-
retary of the Interior and the Secretary of Com-
merce shall identify and recommend in the state-
ment actions or measures that are not within the ju-
risdiction of the Bureau of Reclamation, but are 
necessary to address any factors referred to in sub-
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section (b)(3)(A) that are jeopardizing the species 
referred to in subsection (b)(2) or adversely modi-
fying their critical habitat. 
(d) DEADLINE FOR COMPLETION.— 
(1) IN GENERAL.—The Commissioner and each 
such Secretary shall conclude consultation under 
subsection (b) and issue a statement under sub-
section (c) by the end of the 90-day period on which 
the consultation under subsection (b) is initiated by 
the Commissioner. 
(2) NO
EXTENSION.—Notwithstanding any 
other law, including paragraphs (1) and (2) of sec-
tion 7(b) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(b)), the period under paragraph (1) 
may not be extended. 
(e) CITIZEN SUITS.—For purposes of section 11(g) 
of the of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)), this section is deemed to be a provision of that 
Act. 
(f) OTHER CONSULTATION AND BIOLOGICAL OPIN-
ION NOT EFFECTIVE.—Any consultation conducted or 
statement issued before the date of enactment of this Act 
under section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1536) with respect to the existing and pro-
posed operations referred to in subsection (b)(1) shall have 
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no force or effect after the date of the issuance of the 
statement under this section. 
Æ 
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