(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 104(a)(1). 
(3) LIMITATION.—Except as provided in the 
Settlement, to the extent that costs incurred solely 
to implement 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 subdivision of the State of California, unless such 
costs are incurred on a voluntary basis. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to the funds pro-
vided in paragraphs (1) through (5) of subsection 
(c), there are also authorized to be appropriated not 
to exceed $250,000,000 (at October 2006 price lev-
els) to implement this Act and the Settlement, to be 
available until expended; provided however, that the 
Secretary is authorized to spend such additional ap-
propriations only in amounts equal to the amount of 
funds deposited in the Fund (not including pay-
ments under subsection (c)(2), proceeds under sub-
VerDate Aug 31 2005 
22:11 Nov 06, 2007
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4074.IH
H4074
hsrobinson on PROD1PC76 with BILLS
section (c)(3) other than an amount equal to what 
would otherwise have been deposited under sub-
section (c)(1) in the absence of issuance of the bond, 
and proceeds under subsection (c)(4)), the amount 
of in-kind contributions, and other non-Federal pay-
ments actually committed to the implementation of 
this Act or the Settlement. 
(2) OTHER FUNDS.—The Secretary is author-
ized to use monies from the Fund created under sec-
tion 3407 of the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102–575; 
106 Stat. 4727) for purposes of this Act. 
(c) FUND.—There is hereby established within the 
Treasury of the United States a fund, to be known as the 
‘‘San Joaquin River Restoration Fund’’, into which the 
following shall be deposited and used solely for the purpose 
of implementing the Settlement, to be available for ex-
penditure without further appropriation: 
(1) At the beginning of the fiscal year following 
enactment of this Act, all payments received pursu-
ant to section 3406(c)(1) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721). 
(2) The construction cost component (not oth-
erwise needed to cover operation and maintenance 
VerDate Aug 31 2005 
22:11 Nov 06, 2007
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4074.IH
H4074
hsrobinson on PROD1PC76 with BILLS
costs) of payments made by Friant Division, Hidden 
Unit, and Buchanan Unit contractors pursuant to 
long-term water service contracts or pursuant to re-
payment contracts, including repayment contracts 
executed pursuant to section 110 of this Act. 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 investment 
in the Central Valley project to be recovered by the 
Secretary pursuant to Public Law 99–546 (100 
Stat. 3050) shall be reduced by an equivalent sum. 
(3) Proceeds from the sale of water pursuant to 
the Settlement, or from the sale of property or inter-
ests in property as provided in section 105, to be 
available without further appropriation. 
(4) Any non-Federal funds, including State 
cost-sharing funds, contributed to the United States 
for implementation of the Settlement, which the Sec-
retary may expend without further appropriation for 
the purposes for which contributed. 
(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) 
VerDate Aug 31 2005 
22:11 Nov 06, 2007
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4074.IH
H4074
hsrobinson on PROD1PC76 with BILLS
and 3407(d)(2) of the Reclamation Projects Authorization 
and Adjustment Act of 1992 (Public Law 102–575; 106 
Stat. 4721, 4727) and payments made pursuant to para-
graph 16(b)(3) of the Settlement and subsection (c)(2) 
shall be the limitation of such entities’ direct financial con-
tribution to the Settlement, subject to the terms and con-
ditions of paragraph 21 of the Settlement. 
(e) NO ADDITIONAL EXPENDITURES REQUIRED.— 
Nothing in this Act 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 Restora-
tion Flows; 
VerDate Aug 31 2005 
22:11 Nov 06, 2007
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4074.IH
H4074
hsrobinson on PROD1PC76 with BILLS
(ii) the impacts associated with re-
initiation of such flows; and 
(iii) measures that shall be imple-
mented to mitigate impacts. 
(B) DEADLINE.—The study under sub-
paragraph (A) shall be completed prior to res-
toration 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 
conveyance capacity to 4500 cubic feet per sec-
ond 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 en-
vironmental review documents or oth-
erwise, as to whether the expansion of 
Reach 4B would be the preferable 
means to achieve the Restoration Goal 
VerDate Aug 31 2005 
22:11 Nov 06, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4074.IH
H4074
hsrobinson on PROD1PC76 with BILLS