TITLE 
I—THE 
SAN 
JOAQUIN 
RIVER 
RESTORATION 
SET-
TLEMENT ACT 
SECTION 101. SHORT TITLE. 
This Act may be cited as the ‘‘San Joaquin River 
Restoration Settlement Act’’. 
SEC. 102. PURPOSE. 
The purpose of this Act is to authorize implementa-
tion of the Settlement. 
SEC. 103. DEFINITIONS. 
In this Act— 
(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 those terms in the Settlement; 
(2) the term ‘‘Secretary’’ means the Secretary 
of the Interior; and 
(3) the term ‘‘Settlement’’ means the Stipula-
tion of Settlement dated September 13, 2006, in the 
litigation titled ‘‘Natural Resources Defense Council, 
et al. v. Kirk Rodgers, et al., United States District 
Court, Eastern District of California, No. CIV. S– 
88–1658–LKK/GGH’’. 
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SEC. 104. 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 struc-
tural improvements as described in paragraph 11 of 
the Settlement, provided, however, that the Sec-
retary shall not make or fund any such improve-
ments to facilities or property of the State of Cali-
fornia without the approval of the State of Cali-
fornia 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 
acquire water as described in paragraph 13 of the 
Settlement, provided, however, such acquisitions 
shall only be made from willing sellers and not 
through eminent domain. 
(4) Implement the terms and conditions of 
paragraph 16 of the Settlement related to recircula-
tion, recapture, reuse, exchange, or transfer of water 
released for Restoration Flows or Interim Flows, for 
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the purpose of accomplishing the Water Manage-
ment 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 
authorized by Congress in section 2(d) of the 
Act of August 26, 1937 (50 Stat. 850, 100 
Stat. 3051), including any agreement to resolve 
conflicts arising from said Agreement. 
(5) Develop and implement the Recovered 
Water Account as specified in paragraph 16(b) of 
the Settlement, including the pricing and payment 
crediting provisions described in paragraph 16(b)(3) 
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of the Settlement, 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 
authorized to enter into contracts, memoranda of 
understanding, financial assistance agreements, cost 
sharing agreements, and other appropriate agree-
ments with State, tribal, and local governmental 
agencies, and with private parties, including agree-
ments related to construction, improvement, and op-
eration and maintenance of facilities, subject to any 
terms and conditions that the Secretary deems nec-
essary to achieve the purposes of the Settlement. 
(c) ACCEPTANCE AND EXPENDITURE OF NON-FED-
ERAL FUNDS.—The Secretary is authorized to accept and 
expend non-Federal funds in order to facilitate implemen-
tation of the Settlement. 
(d) MITIGATION OF IMPACTS.—Prior to the imple-
mentation of decisions or agreements to construct, im-
prove, operate, or maintain facilities that the Secretary de-
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termines are needed to implement the Settlement, the Sec-
retary 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.— 
Except as otherwise provided in this section, the imple-
mentation of the Settlement and the reintroduction of 
California Central Valley Spring Run Chinook salmon 
pursuant to the Settlement and section 110, shall not re-
sult in the involuntary reduction in contract water alloca-
tions to Central 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 Act, nothing 
in this Act shall modify or amend the rights and obliga-
tions of the parties to any existing water service, repay-
ment, purchase or exchange contract. 
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SEC. 105. ACQUISITION AND DISPOSAL OF PROPERTY; 
TITLE TO FACILITIES. 
(a) TITLE TO FACILITIES.—Unless acquired pursu-
ant 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 au-
thorized by this Act, and title to any modifications or im-
provements 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 improve-
ments. 
(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 
authorized by this Act. 
(2) APPLICABLE LAW.—The Secretary is au-
thorized, but not required, to exercise all of the au-
thorities provided in section 102 of the Act of Au-
gust 26, 1937 (50 Stat. 844, chapter 832), to carry 
out the measures authorized in this section and sec-
tion 104. 
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SEC. 106. COMPLIANCE WITH APPLICABLE LAW. 
(a) APPLICABLE LAW.— 
(1) IN GENERAL.—In undertaking the measures 
authorized by this Act, 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 
necessary. 
(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 
Settlement. 
(b) EFFECT ON STATE LAW.—Nothing in this Act 
shall preempt State law or modify any existing obligation 
of the United States under Federal reclamation law to op-
erate the Central Valley Project in conformity with State 
law. 
(c) USE
OF FUNDS
FOR ENVIRONMENTAL RE-
VIEWS.— 
(1) DEFINITION
OF
ENVIRONMENTAL
RE-
VIEW.—For purposes of this subsection, the term 
‘‘environmental review’’ includes any consultation 
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and planning necessary to comply with subsection 
(a). 
(2) PARTICIPATION
IN
ENVIRONMENTAL
RE-
VIEW PROCESS.—In undertaking the measures au-
thorized by section 104, and for which environ-
mental review is required, the Secretary may provide 
funds made available under this Act to affected Fed-
eral agencies, State agencies, local agencies, and In-
dian tribes if the Secretary determines that such 
funds are necessary to allow the Federal agencies, 
State agencies, local agencies, or Indian tribes to ef-
fectively 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 Act shall be non-
reimbursable under Federal reclamation law, provided 
that nothing in this subsection shall limit or be construed 
to limit the use of the funds assessed and collected pursu-
ant to sections 3406(c)(1) and 3407(d)(2) of the Reclama-
tion Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721, 4727), for imple-
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mentation of the Settlement, nor shall it be construed to 
limit or modify existing or future Central Valley Project 
Ratesetting Policies. 
SEC. 107. COMPLIANCE WITH CENTRAL VALLEY PROJECT 
IMPROVEMENT ACT. 
Congress hereby finds and declares that the Settle-
ment satisfies and discharges all of the obligations of the 
Secretary contained in section 3406(c)(1) of the Reclama-
tion Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721), provided, how-
ever, that— 
(1) the Secretary shall continue to assess and 
collect the charges provided in section 3406(c)(1) of 
the Reclamation Projects Authorization and Adjust-
ment Act of 1992 (Public Law 102–575; 106 Stat. 
4721), as provided in the Settlement and section 
109(d); and 
(2) those assessments and collections shall con-
tinue to be counted towards the requirements of the 
Secretary contained in section 3407(c)(2) of the 
Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 Stat. 4726). 
SEC. 108. NO PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Nothing in this Act confers upon 
any person or entity not a party to the Settlement a pri-
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vate right of action or claim for relief to interpret or en-
force the provisions of this Act 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. 109. 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 contrac-
tors and other non-Federal parties, including the 
funds provided in paragraphs (1) through (5) of 
subsection (c), 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 
capital 
obligations 
is 
estimated 
to 
total 
$240,000,000, the additional Federal appropriation 
of $250,000,000 authorized pursuant to subsection 
(b)(1), and such additional funds authorized pursu-
ant to subsection (b)(2); provided however, that the 
costs of implementing the provisions of section 
104(a)(1) shall be shared by the State of California 
pursuant to the terms of a Memorandum of Under-
standing executed by the State of California and the 
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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 im-
plement 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 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 
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