HR 2898 RFS
(C) consider areas not routinely sampled 
by existing monitoring programs, including wet-
land channels, near-shore water, depths below 
35 feet, and shallow water; and 
(D) use survey methods, including sam-
pling gear, best suited to collect the most accu-
rate data for the type of sampling or moni-
toring. 
(e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION 
OF OMR FLOW REQUIREMENTS.—In implementing the 
provisions of the smelt biological opinion, or any successor 
biological opinion or court order, pertaining to manage-
ment of reverse flow in the Old and Middle Rivers, the 
Secretary shall— 
(1) consider the relevant provisions of the bio-
logical opinion or any successor biological opinion; 
(2) to maximize Central Valley project and 
State Water Project water supplies, manage export 
pumping rates to achieve a reverse OMR flow rate 
of ¥5,000 cubic feet per second unless information 
developed by the Secretary under paragraphs (3) 
and (4) leads the Secretary to reasonably conclude 
that a less negative OMR flow rate is necessary to 
avoid a negative impact on the long-term survival of 
the Delta smelt. If information available to the Sec-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
retary indicates that a reverse OMR flow rate more 
negative than ¥5,000 cubic feet per second can be 
established without an imminent negative impact on 
the long-term survival of the Delta smelt, the Sec-
retary shall manage export pumping rates to achieve 
that more negative OMR flow rate; 
(3) document in writing any significant facts 
about real-time conditions relevant to the determina-
tions of OMR reverse flow rates, including— 
(A) whether targeted real-time fish moni-
toring in the Old River pursuant to this section, 
including monitoring in the vicinity of Station 
902, indicates that a significant negative impact 
on the long-term survival of the Delta smelt is 
imminent; and 
(B) whether near-term forecasts with avail-
able salvage models show under prevailing con-
ditions that OMR flow of ¥5,000 cubic feet per 
second or higher will cause a significant nega-
tive impact on the long-term survival of the 
Delta smelt; 
(4) show in writing that any determination to 
manage OMR reverse flow at rates less negative 
than ¥5,000 cubic feet per second is necessary to 
avoid a significant negative impact on the long-term 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
survival of the Delta smelt, including an explanation 
of the data examined and the connection between 
those data and the choice made, after considering— 
(A) 
the 
distribution 
of 
Delta 
smelt 
throughout the Delta; 
(B) the potential effects of documented, 
quantified entrainment on subsequent Delta 
smelt abundance; 
(C) the water temperature; 
(D) other significant factors relevant to 
the determination; and 
(E) whether any alternative measures 
could have a substantially lesser water supply 
impact; and 
(5) for any subsequent biological opinion, make 
the showing required in paragraph (4) for any deter-
mination to manage OMR reverse flow at rates less 
negative than the most negative limit in the biologi-
cal opinion if the most negative limit in the biologi-
cal opinion is more negative than ¥5,000 cubic feet 
per second. 
(f) MEMORANDUM OF UNDERSTANDING.—No later 
than December 1, 2015, the Commissioner and the Direc-
tor will execute a Memorandum of Understanding (MOU) 
to ensure that the smelt biological opinion is implemented 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
in a manner that maximizes water supply while complying 
with applicable laws and regulations. If that MOU alters 
any procedures set out in the biological opinion, there will 
be no need to reinitiate consultation if those changes will 
not have a significant negative impact on the long-term 
survival on listed species and the implementation of the 
MOU would not be a major change to implementation of 
the biological opinion. Any change to procedures that does 
not create a significant negative impact on the long-term 
survival to listed species will not alter application of the 
take permitted by the incidental take statement in the bio-
logical opinion under section 7(o)(2) of the Endangered 
Species Act of 1973. 
(g) CALCULATION OF REVERSE FLOW IN OMR.— 
Within 90 days of the enactment of this title, the Sec-
retary is directed, in consultation with the California De-
partment of Water Resources to revise the method used 
to calculate reverse flow in Old and Middle Rivers for im-
plementation of the reasonable and prudent alternatives 
in the smelt biological opinion and the salmonid biological 
opinion, and any succeeding biological opinions, for the 
purpose of increasing Central Valley Project and State 
Water Project water supplies. The method of calculating 
reverse flow in Old and Middle Rivers shall be reevaluated 
not less than every five years thereafter to achieve max-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
imum export pumping rates within limits established by 
the smelt biological opinion, the salmonid biological opin-
ion, and any succeeding biological opinions. 
TITLE II—ENSURING SALMONID 
MANAGEMENT 
IS 
RESPON-
SIVE TO NEW SCIENCE 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ASSISTANT
ADMINISTRATOR.—The term 
‘‘Assistant Administrator’’ means the Assistant Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration for Fisheries. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(3) OTHER AFFECTED INTERESTS.—The term 
‘‘other affected interests’’ means the State of Cali-
fornia, Indian tribes, subdivisions of the State of 
California, public water agencies and those who ben-
efit directly and indirectly from the operations of the 
Central Valley Project and the State Water Project. 
(4) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of the Bureau of 
Reclamation. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
SEC. 202. PROCESS FOR ENSURING SALMONID MANAGE-
MENT IS RESPONSIVE TO NEW SCIENCE. 
(a) GENERAL DIRECTIVE.—The reasonable and pru-
dent alternative described in the salmonid biological opin-
ion allows for and anticipates adjustments in Central Val-
ley Project and State Water Project operation parameters 
to reflect the best scientific and commercial data currently 
available, and authorizes efforts to test and evaluate im-
provements in operations that will meet applicable regu-
latory requirements and maximize Central Valley Project 
and State Water Project water supplies and reliability. 
Implementation of the reasonable and prudent alternative 
described in the salmonid biological opinion shall be ad-
justed accordingly as new scientific and commercial data 
are developed. The Commissioner and the Assistant Ad-
ministrator shall fully utilize these authorities as described 
below. 
(b) ANNUAL REVIEWS OF CERTAIN CENTRAL VAL-
LEY PROJECT
AND STATE WATER PROJECT OPER-
ATIONS.—No later than December 31, 2016, and at least 
annually thereafter: 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(1) the net effect on listed species is equivalent 
to those of the underlying project operational param-
eters in the salmonid biological opinion, taking into 
account both— 
(A) efforts to minimize the adverse effects 
of the adjustment to project operations; and 
(B) whatever additional actions or meas-
ures may be implemented in conjunction with 
the adjustments to operations to offset the ad-
verse effects to listed species, consistent with 
(d), that are in excess of the adverse effects of 
the underlying operational parameters, if any; 
and 
(2) the effects of the adjustment can be reason-
ably expected to fall within the incidental take au-
thorizations. 
(d) EVALUATION
OF OFFSETTING MEASURES.— 
When examining and identifying opportunities to offset 
the potential adverse effect of adjustments to operations 
under subsection (c)(1)(B), the Commissioner and the As-
sistant Administrator shall take into account the potential 
species survival improvements that are likely to result 
from other measures which, if implemented in conjunction 
with such adjustments, would offset adverse effects, if any, 
of the adjustments. When evaluating offsetting measures, 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
the Commissioner and the Assistant Administrator shall 
consider the type, timing and nature of the adverse effects, 
if any, to specific species and ensure that the measures 
likely provide equivalent overall benefits to the listed spe-
cies in the aggregate, as long as the change will not cause 
a significant negative impact on the long-term survival of 
a listed salmonid species. 
(e) FRAMEWORK FOR EXAMINING OPPORTUNITIES 
TO MINIMIZE OR OFFSET THE POTENTIAL ADVERSE EF-
FECT OF ADJUSTMENTS TO OPERATIONS.—Not later than 
December 31, 2015, and every five years thereafter, the 
Assistant Administrator shall, in collaboration with the 
Director of the California Department of Fish and Wild-
life, based on the best scientific and commercial data avail-
able and for each listed salmonid species, issue estimates 
of the increase in through-Delta survival the Secretary ex-
pects to be achieved— 
(1) through restrictions on export pumping 
rates as specified by Action IV.2.3 as compared to 
limiting OMR flow to a fixed rate of ¥5,000 cubic 
feet per second within the time period Action IV.2.3 
is applicable, based on a given rate of San Joaquin 
River inflow to the Delta and holding other relevant 
factors constant; 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(2) through San Joaquin River inflow to export 
restrictions on export pumping rates specified within 
Action IV.2.1 as compared to the restrictions in the 
April/May period imposed by the State Water Re-
sources Control Board decision D–1641, based on a 
given rate of San Joaquin River inflow to the Delta 
and holding other relevant factors constant; 
(3) through physical habitat restoration im-
provements; 
(4) through predation control programs; 
(5) through the installation of temporary bar-
riers, the management of Cross Channel Gates oper-
ations, and other projects affecting flow in the 
Delta; 
(6) through salvaging fish that have been en-
trained near the entrance to Clifton Court Forebay; 
(7) through any other management measures 
that may provide equivalent or better protections for 
listed species while maximizing export pumping rates 
without causing a significant negative impact on the 
long-term survival of a listed salmonid species; and 
(8) through development and implementation of 
conservation hatchery programs for salmon and 
steelhead to aid in the recovery of listed salmon and 
steelhead species. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(f) SURVIVAL ESTIMATES.— 
(1) To the maximum extent practicable, the As-
sistant Administrator shall make quantitative esti-
mates of survival such as a range of percentage in-
creases in through-Delta survival that could result 
from the management measures, and if the scientific 
information is lacking for quantitative estimates, 
shall do so on qualitative terms based upon the best 
available science. 
(2) If the Assistant Administrator provides 
qualitative survival estimates for a species resulting 
from one or more management measures, the Sec-
retary shall, to the maximum extent feasible, rank 
the management measures described in subsection 
(e) in terms of their most likely expected contribu-
tion to increased through-Delta survival relative to 
the other measures. 
(3) If at the time the Assistant Administrator 
conducts the reviews under subsection (b), the Sec-
retary has not issued an estimate of increased 
through-Delta survival from different management 
measures pursuant to subsection (e), the Secretary 
shall compare the protections to the species from 
different management measures based on the best 
scientific and commercial data available at the time. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(g) COMPARISON OF ADVERSE CONSEQUENCES FOR 
ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT 
PROTECTION FOR A SPECIES.— 
(1) For the purposes of this subsection and 
subsection (c)— 
(A) the alternative management measure 
or combination of alternative management 
measures identified in paragraph (2) shall be 
known as the ‘‘equivalent alternative measure’’; 
(B) the existing measure or measures iden-
tified in subparagraphs (2) (A), (B), (C), or 
(D) shall be known as the ‘‘equivalent existing 
measure’’; and 
(C) an ‘‘equivalent increase in through- 
Delta survival rates for listed salmonid species’’ 
shall mean an increase in through-Delta sur-
vival rates that is equivalent when considering 
the change in through-Delta survival rates for 
the listed salmonid species in the aggregate, 
and not the same change for each individual 
species, as long as the change in survival rates 
will not cause a significant negative impact on 
the long-term survival of a listed salmonid spe-
cies. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(2) As part of the reviews of project operations 
pursuant to subsection (b), the Assistant Adminis-
trator shall determine whether any alternative man-
agement measures or combination of alternative 
management measures listed in subsection (e) (3) 
through (8) would provide an increase in through- 
Delta survival rates for listed salmonid species that 
is equivalent to the increase in through-Delta sur-
vival rates for listed salmonid species from the fol-
lowing: 
(A) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to limiting OMR flow to a fixed rate of 
¥5,000 cubic feet per second within the time 
period Action IV.2.3 is applicable. 
(B) Through restrictions on export pump-
ing rates as specified by Action IV.2.3, as com-
pared to a modification of Action IV.2.3 that 
would provide additional water supplies, other 
than that described in subparagraph (A). 
(C) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
the restrictions in the April/May period imposed 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
by the State Water Resources Control Board 
decision D–1641. 
(D) Through San Joaquin River inflow to 
export restrictions on export pumping rates 
specified within Action IV.2.1, as compared to 
a modification of Action IV.2.1 that would re-
duce water supply impacts of the salmonid bio-
logical opinion on the Central Valley Project 
and the California State Water Project, other 
than that described in subparagraph (C). 
(3) If the Assistant Administrator identifies an 
equivalent alternative measure pursuant to para-
graph (2), the Assistant Administrator shall deter-
mine whether— 
(A) it is technically feasible and within 
Federal jurisdiction to implement the equivalent 
alternative measure; 
(B) the State of California, or subdivision 
thereof, or local agency with jurisdiction has 
certified in writing within 10 calendar days to 
the Assistant Administrator that it has the au-
thority and capability to implement the perti-
nent equivalent alternative measure; or 
(C) the adverse consequences of doing so 
are less than the adverse consequences of the 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
equivalent existing measure, including a concise 
evaluation of the adverse consequences to other 
affected interests. 
(4) If the Assistant Administrator makes the 
determinations in subparagraph (3)(A) or (3)(B), 
the Commissioner shall adjust project operations to 
implement the equivalent alternative measure in 
place of the equivalent existing measure in order to 
increase export rates of pumping to the greatest ex-
tent possible while maintaining a net combined effect 
of equivalent through-Delta survival rates for the 
listed salmonid species. 
(h) TRACKING ADVERSE EFFECTS BEYOND
THE 
RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID 
BIOLOGICAL OPINION
AND COORDINATED OPERATION 
WITH THE DELTA SMELT BIOLOGICAL OPINION.— 
(1) Among the adjustments to the project oper-
ations considered through the adaptive management 
process under this section, the Assistant Adminis-
trator and the Commissioner shall— 
(A) evaluate the effects on listed salmonid 
species and water supply of the potential ad-
justment to operational criteria described in 
subparagraph (B); and 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(B) consider requiring that before some or 
all of the provisions of Actions IV.2.1. or IV.2.3 
are imposed in any specific instance, the Assist-
ant Administrator show that the implementa-
tion of these provisions in that specific instance 
is necessary to avoid a significant negative im-
pact on the long-term survival of a listed 
salmonid species. 
(2) The Assistant Administrator, the Director, 
and the Commissioner, in coordination with State of-
ficials as appropriate, shall establish operational cri-
teria to coordinate management of OMR flows under 
the smelt and salmonid biological opinions, in order 
to take advantage of opportunities to provide addi-
tional water supplies from the coordinated imple-
mentation of the biological opinions. 
(3) The Assistant Administrator and the Com-
missioner shall document the effects of any adaptive 
management decisions related to the coordinated op-
eration of the smelt and salmonid biological opinions 
that prioritizes the maintenance of one species at the 
expense of the other. 
(i) REAL-TIME MONITORING AND MANAGEMENT.— 
Notwithstanding the calendar based triggers described in 
the salmonid biological opinion Reasonable and Prudent 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
Alternative (RPA), the Assistant Administrator and the 
Commissioner shall not limit OMR reverse flow to ¥5,000 
cubic feet per second unless current monitoring data indi-
cate that this OMR flow limitation is reasonably required 
to avoid a significant negative impact on the long-term 
survival of a listed salmonid species. 
(j) EVALUATION AND IMPLEMENTATION OF MANAGE-
MENT
MEASURES.—If the quantitative estimates of 
through-Delta survival established by the Secretary for the 
adjustments in subsection (b)(2) exceed the through-Delta 
survival established for the RPAs, the Secretary shall 
evaluate and implement the management measures in sub-
section (b)(2) as a prerequisite to implementing the RPAs 
contained in the Salmonid Biological Opinion. 
(k) ACCORDANCE WITH OTHER LAW.—Consistent 
with section 706 of title 5, United States Code, decisions 
of the Assistant Administrator and the Commissioner de-
scribed in subsections (b) through (j) shall be made in 
writing, on the basis of best scientific and commercial data 
currently available, and shall include an explanation of the 
data examined at the connection between those data and 
the decisions made. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
SEC. 203. NON-FEDERAL PROGRAM TO PROTECT NATIVE 
ANADROMOUS 
FISH 
IN 
THE 
STANISLAUS 
RIVER. 
(a) ESTABLISHMENT
OF NONNATIVE PREDATOR 
FISH REMOVAL PROGRAM.—The Secretary and the dis-
tricts, in consultation with the Director, shall jointly de-
velop and conduct a nonnative predator fish removal pro-
gram to remove nonnative striped bass, smallmouth bass, 
largemouth bass, black bass, and other nonnative predator 
fish species from the Stanislaus River. The program 
shall— 
(1) be scientifically based; 
(2) include methods to quantify the number and 
size of predator fish removed each year, the impact 
of such removal on the overall abundance of pred-
ator fish, and the impact of such removal on the 
populations of juvenile anadromous fish found in the 
Stanislaus River by, among other things, evaluating 
the number of juvenile anadromous fish that migrate 
past the rotary screw trap located at Caswell; 
(3) among other methods, use wire fyke trap-
ping, portable resistance board weirs, and boat 
electrofishing; and 
(4) be implemented as quickly as possible fol-
lowing the issuance of all necessary scientific re-
search. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(b) MANAGEMENT.—The management of the pro-
gram shall be the joint responsibility of the Secretary and 
the districts. Such parties shall work collaboratively to en-
sure the performance of the program, and shall discuss 
and agree upon, among other things, changes in the struc-
ture, management, personnel, techniques, strategy, data 
collection, reporting, and conduct of the program. 
(c) CONDUCT.— 
(1) IN GENERAL.—By agreement between the 
Secretary and the districts, the program may be con-
ducted by their own personnel, qualified private con-
tractors hired by the districts, personnel of, on loan 
to, or otherwise assigned to the National Marine 
Fisheries Service, or a combination thereof. 
(2) PARTICIPATION BY THE NATIONAL MARINE 
FISHERIES SERVICE.—If the districts elect to con-
duct the program using their own personnel or quali-
fied private contractors hired by them in accordance 
with paragraph (1), the Secretary may assign an 
employee of, on loan to, or otherwise assigned to the 
National Marine Fisheries Service, to be present for 
all activities performed in the field. Such presence 
shall ensure compliance with the agreed-upon ele-
ments specified in subsection (b). The districts shall 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
pay the cost of such participation in accordance with 
subsection (d). 
(3) TIMING OF ELECTION.—The districts shall 
notify the Secretary of their election on or before 
October 15 of each calendar year of the program. 
Such an election shall apply to the work performed 
in the subsequent calendar year. 
(d) FUNDING.— 
(1) IN
GENERAL.—The districts shall be re-
sponsible for 100 percent of the cost of the program. 
(2) CONTRIBUTED FUNDS.—The Secretary may 
accept and use contributions of funds from the dis-
tricts to carry out activities under the program. 
(3) ESTIMATION OF COST.—On or before De-
cember 1 of each year of the program, the Secretary 
shall submit to the districts an estimate of the cost 
to be incurred by the National Marine Fisheries 
Service for the program in the following calendar 
year, if any, including the cost of any data collection 
and posting under subsection (e). If an amount 
equal to the estimate is not provided through con-
tributions pursuant to paragraph (2) before Decem-
ber 31 of that year— 
(A) the Secretary shall have no obligation 
to conduct the program activities otherwise 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
scheduled for such following calendar year until 
such amount is contributed by the districts; and 
(B) the districts may not conduct any as-
pect of the program until such amount is con-
tributed by the districts. 
(4) ACCOUNTING.—On or before September 1 
of each year, the Secretary shall provide to the dis-
tricts an accounting of the costs incurred by the Sec-
retary for the program in the preceding calendar 
year. If the amount contributed by the districts pur-
suant to paragraph (2) for that year was greater 
than the costs incurred by the Secretary, the Sec-
retary shall— 
(A) apply the excess contributions to costs 
of activities to be performed by the Secretary 
under the program, if any, in the next calendar 
year; or 
(B) if no such activities are to be per-
formed, repay the excess contribution to the 
districts. 
(e) POSTING AND EVALUATION.—On or before the 
15th day of each month, the Secretary shall post on the 
Internet website of the National Marine Fisheries Service 
a tabular summary of the raw data collected under the 
program in the preceding month. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(f) IMPLEMENTATION.—The program is hereby found 
to be consistent with the requirements of the Central Val-
ley Project Improvement Act (Public Law 102–575). No 
provision, plan or definition established or required by the 
Central Valley Project Improvement Act (Public Law 
102–575) shall be used to prohibit the imposition of the 
program, or to prevent the accomplishment of its goals. 
(g) TREATMENT OF STRIPED BASS.—For purposes 
of the application of the Central Valley Project Improve-
ment Act (title XXXIV of Public Law 102–575) with re-
spect to the program, striped bass shall not be treated as 
anadromous fish. 
(h) DEFINITION.—For the purposes of this section, 
the term ‘‘districts’’ means the Oakdale Irrigation District 
and the South San Joaquin Irrigation District, California. 
SEC. 
204. 
PILOT 
PROJECTS 
TO 
IMPLEMENT 
CALFED 
INVASIVE SPECIES PROGRAM. 
(a) IN GENERAL.—Not later than January 1, 2017, 
the Secretary of the Interior, in collaboration with the Sec-
retary of Commerce, the Director of the California De-
partment of Fish and Wildlife, and other relevant agencies 
and interested parties, shall begin pilot projects to imple-
ment the invasive species control program authorized pur-
suant to section 103(d)(6)(A)(iv) of Public Law 108–361 
(118 Stat. 1690). 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(b) REQUIREMENTS.—The pilot projects shall— 
(1) seek to reduce invasive aquatic vegetation, 
predators, and other competitors which contribute to 
the decline of native listed pelagic and anadromous 
species that occupy the Sacramento and San Joa-
quin Rivers and their tributaries and the Sac-
ramento-San Joaquin Bay-Delta; and 
(2) remove, reduce, or control the effects of spe-
cies, including Asiatic clams, silversides, gobies, Bra-
zilian water weed, water hyacinth, largemouth bass, 
smallmouth bass, striped bass, crappie, bluegill, 
white and channel catfish, and brown bullheads. 
(c) SUNSET.—The authorities provided under this 
subsection shall expire seven years after the Secretaries 
commence implementation of the pilot projects pursuant 
to subsection (a). 
(d) EMERGENCY ENVIRONMENTAL REVIEWS.—To 
expedite the environmentally beneficial programs for the 
conservation of threatened and endangered species, the 
Secretaries shall consult with the Council on Environ-
mental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (or successor regula-
tions), to develop alternative arrangements to comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for the projects pursuant to subsection (a). 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
TITLE III—OPERATIONAL FLEXI-
BILITY AND DROUGHT RE-
LIEF 
SEC. 301. DEFINITIONS. 
In this title: 
(1) CENTRAL
VALLEY
PROJECT.—The term 
‘‘Central Valley Project’’ has the meaning given the 
term in section 3403 of the Central Valley Project 
Improvement Act (Public Law 102–575; 106 Stat. 
4707). 
(2) RECLAMATION PROJECT.—The term ‘‘Rec-
lamation Project’’ means a project constructed pur-
suant to the authorities of the reclamation laws and 
whose facilities are wholly or partially located in the 
State. 
(3) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Agriculture; 
(B) the Secretary of Commerce; and 
(C) the Secretary of the Interior. 
(4) STATE WATER PROJECT.—The term ‘‘State 
Water Project’’ means the water project described 
by California Water Code section 11550 et seq. and 
operated by the California Department of Water Re-
sources. 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(5) STATE.—The term ‘‘State’’ means the State 
of California. 
SEC. 
302. 
OPERATIONAL 
FLEXIBILITY 
IN 
TIMES 
OF 
DROUGHT. 
(a) WATER SUPPLIES.—For the period of time such 
that in any year that the Sacramento Valley Index is 6.5 
or lower, or at the request of the State of California, and 
until two succeeding years following either of those events 
have been completed where the final Sacramento Valley 
Index is 7.8 or greater, the Secretaries shall provide the 
maximum quantity of water supplies practicable to all in-
dividuals or district who receive Central Valley Project 
water under water service or repayments contracts, water 
rights settlement contracts, exchange contracts, or refuge 
contracts or agreements entered into prior to or after the 
date of enactment of this title; State Water Project con-
tractors, and any other tribe, locality, water agency, or 
municipality in the State, by approving, consistent with 
applicable laws (including regulations), projects and oper-
ations to provide additional water supplies as quickly as 
practicable based on available information to address the 
emergency conditions. 
(b) ADMINISTRATION.—In carrying out subsection 
(a), the Secretaries shall, consistent with applicable laws 
(including regulations)— 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
(1) issue all necessary permit decisions under 
the authority of the Secretaries not later than 30 
days after the date on which the Secretaries receive 
a completed application from the State to place and 
use temporary barriers or operable gates in Delta 
channels to improve water quantity and quality for 
the State Water Project and the Central Valley 
Project south of Delta water contractors and other 
water users, on the condition that the barriers or op-
erable gates— 
(A) do not result in a significant negative 
impact on the long-term survival of listed spe-
cies within the Delta and provide benefits or 
have a neutral impact on in-Delta water user 
water quality; and 
(B) are designed so that formal consulta-
tions under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536) are not nec-
essary; 
(2) require the Director of the United States 
Fish and Wildlife Service and the Commissioner of 
Reclamation— 
(A) to complete, not later than 30 days 
after the date on which the Director or the 
Commissioner receives a complete written re-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
quest for water transfer, all requirements under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) 
necessary to make final permit decisions on the 
request; and 
(B) to approve any water transfer request 
described in subparagraph (A) to maximize the 
quantity of water supplies available for non-
habitat uses, on the condition that actions asso-
ciated with the water transfer comply with ap-
plicable Federal laws (including regulations); 
(3) adopt a 1:1 inflow to export ratio, as meas-
ured as a 3-day running average at Vernalis during 
the period beginning on April 1, and ending on May 
31, absent a determination in writing that a more 
restrictive inflow to export ratio is required to avoid 
a significant negative impact on the long-term sur-
vival of a listed salmonid species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
provided that the 1:1 inflow to export ratio shall 
apply for the increment of increased flow of the San 
Joaquin River resulting from the voluntary sale, 
transfers, or exchanges of water from agencies with 
rights to divert water from the San Joaquin River 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
or its tributaries and provided that the movement of 
the acquired, transferred, or exchanged water 
through the Delta consistent with the Central Valley 
Project’s and the State Water Project’s permitted 
water rights and provided that movement of the 
Central Valley Project water is consistent with the 
requirements of section 3405(a)(1)(H) of the Cen-
tral Valley Project Improvement Act; and 
(4) allow and facilitate, consistent with existing 
priorities, water transfers through the C.W. ‘‘Bill’’ 
Jones Pumping Plant or the Harvey O. Banks 
Pumping Plant from April 1 to November 30 pro-
vided water transfers comply with State law, includ-
ing the California Environmental Quality Act. 
(c) ACCELERATED PROJECT DECISION
AND ELE-
VATION.— 
(1) IN GENERAL.—On request by the Governor 
of the State, the Secretaries shall use the expedited 
procedures under this subsection to make final deci-
sions relating to a Federal project or operation, or 
to local or State projects or operations that require 
decisions by the Secretary of the Interior or the Sec-
retary of Commerce to provide additional water sup-
plies if the project’s or operation’s purpose is to pro-
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS
HR 2898 RFS
vide relief for emergency drought conditions pursu-
ant to subsections (a) and (b). 
(2) REQUEST FOR RESOLUTION.— 
(A) IN GENERAL.—On request by the Gov-
ernor of the State, the Secretaries referenced in 
paragraph (1), or the head of another Federal 
agency responsible for carrying out a review of 
a project, as applicable, the Secretary of the In-
terior shall convene a final project decision 
meeting with the heads of all relevant Federal 
agencies to decide whether to approve a project 
to provide relief for emergency drought condi-
tions. 
(B) MEETING.—The Secretary of the Inte-
rior shall convene a meeting requested under 
subparagraph (A) not later than 7 days after 
the date on which the meeting request is re-
ceived. 
(3) NOTIFICATION.—On receipt of a request for 
a meeting under paragraph (2), the Secretary of the 
Interior shall notify the heads of all relevant Federal 
agencies of the request, including information on the 
project to be reviewed and the date of the meeting. 
(4) DECISION.—Not later than 10 days after 
the date on which a meeting is requested under 
VerDate Sep 11 2014 
23:46 Jul 21, 2015
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2898.RFS
H2898
emcdonald on DSK67QTVN1PROD with BILLS