reduce the annual mitigation and restoration
payment ceiling established under this sub-
section to $15,000,000 (October 1992 price lev-
els) on a three-year rolling average basis. The
amount of the mitigation and restoration pay-
ment made by Central Valley Project water and
power users, taking into account all funds col-
lected under this title, shall, to the greatest de-
gree practicable, be assessed in the same pro-
portion, measured over a ten-year rolling aver-
age, as water and power users’ respective allo-
cations for repayment of the Central Valley
Project.’’.
(e) FUNDING TO NON-FEDERAL ENTITIES.—Section
3407(e) of the Central Valley Project Improvement Act
(106 Stat. 4728) is amended to read as follows:
‘‘(e) FUNDING TO NON-FEDERAL ENTITIES.—
‘‘(1) Except as provided by paragraph (2), if
the Secretary determines that the State of California
or an agency or subdivision thereof, an Indian tribe,
or a nonprofit entity concerned with restoration, pro-
tection, or enhancement of fish, wildlife, habitat, or
environmental values is able to assist in implement-
ing any action authorized by this title in an efficient,
timely, and cost-effective manner, the Secretary is
authorized to provide funding to such entity on such
terms and conditions as he deems necessary to assist
in implementing the identified action.
‘‘(2) The use of funding provided by the Sec-
retary to the State of California or other entity de-
scribed in section 3407(e)(1) pursuant to subsection
3407(a)(2) to assist in the implementation of
projects described in section 3406(c)(1)(A) shall be
as determined by the State of California or such
other entity and shall not be subjected to terms and
conditions imposed by the Secretary which are unac-
ceptable to the State of California or such other en-
tity.’’.
(f) RESTORATION FUND FINANCIAL REPORTS.—
Subsection (f) of section 3407 of the the Central Valley
Project Improvement Act (106 Stat. 4728) is amended by
striking ‘‘Committee on Interior and Insular Affairs, the
Committee on Merchant Marine and Fisheries,’’ and in-
serting ‘‘Committee on Resources’’.
SEC. 8. ADDITIONAL AUTHORITIES.
(a) ANNUAL
REPORTS.—Section 3408(f) of the
Central Valley Project Improvement Act (106 Stat. 4729)
is amended—
(1) by striking out ‘‘Interior and Insular Affairs
and Merchant Marine and Fisheries’’ and inserting
in lieu thereof ‘‘Resources’’; and
(2) in the second sentence, by inserting before
the period at the end the following: ‘‘, including (but
not limited to) progress on the plan required by sub-
section (j)’’.
(b) PROJECT YIELD INCREASE AND JUDICIAL DE-
CREES.—Subsections (j) and (k) of section 3408 of the
Central Valley Project Improvement Act (106 Stat. 4730)
are amended to read as follows:
‘‘(j) PROJECT YIELD INCREASE.—In order to mini-
mize adverse effects upon existing Central Valley Project
water contractors resulting from the water reserved for
fish and wildlife under this title, and to assist the State
of California in meeting its future water needs, the Sec-
retary shall, on a priority basis, not later than two years
after the date of enactment of the Central Valley Project
Reform Act of 1995, develop and submit to Congress, a
least-cost plan to increase, as soon as possible but not
later than ten years after the date of enactment of this
title, the yield of the Central Valley Project by the amount
reserved and managed for fish and wildlife purposes under
this title and otherwise required to meet the purposes of
the Central Valley Project including, without limitation,
satisfying contractual obligations. In order to carry out
this subsection, the Secretary is authorized and directed
to coordinate with the State of California in implementing
measures for the long-term resolution of problems in the
San Francisco Bay/Sacramento-San Joaquin Delta Estu-
ary. The plan authorized by this subsection shall include
(but not be limited to) a description of how the Secretary
intends to use the following options:
‘‘(1) Improvements in, modification of, or addi-
tions to the facilities and operations of the project.
‘‘(2) Conservation.
‘‘(3) Transfers.
‘‘(4) Conjunctive use.
‘‘(5) Purchase of water.
‘‘(6) Purchase and idling of agricultural land.
‘‘(7) Direct purchase of water rights.
Such plan shall include recommendations on appropriate
cost-sharing arrangements and shall be developed in a
manner consistent with all applicable State and Federal
law. Such plan shall also include recommendations for au-
thorizing legislation or other measures, if any, needed to
implement the intent, purposes, and provisions of this sub-
section.
‘‘(k) JUDICIAL DECREES.—Except as specifically
provided in this title, nothing in this title is intended to
alter the terms of any final judicial decree confirming or
determining water rights. Notwithstanding any other pro-
vision of reclamation law, the judgment entered December
30, 1986, by the United States District Court of the East-
ern District of California in the consolidated cases entitled
Barcellos and Wolfsen, Inc., et al. v. Westlands Water
District, et al. (No. CV 78–106 EDP) and Westlands
Water District, et al. v. United States, et al. (No. CV F
81–245 EDP), shall be deemed an existing long-term
water service contract, which shall be renewable pursuant
to section 3404(c) of this title.’’.
(c) TECHNICAL AMENDMENT.—Section 3408(h)(2)
of the Central Valley Project Improvement Act (106 Stat.
4729) is amended by striking out ‘‘(h)(i)’’ and inserting
in lieu thereof ‘‘(h)(1)’’.
(d) STANISLAUS
RIVER.—Section 3408 of the
Central Valley Project Improvement Act (106 Stat 4730)
is amended by adding at the end the following:
‘‘(e)(1) The Secretary shall identify the water supply
impacts resulting from the reallocation of Stanislaus River
water for fish and wildlife purposes under this title, and
no later than two years after the date of enactment of
the Central Valley Project Reform Act of 1995, develop
and implement a plan to provide long term replacement
water in an amount equal to the identified water supply
impacts on out-of-basin entities which have contracted
with the Secretary for water from the New Melones
Project. In the event the available yield of the New
Melones Reservoir is insufficient to meet the contractual
needs of these districts, then the Bureau shall provide an
alternative supply at the contractual rate. Allocations for
other Central Valley Project contractors shall not be re-
duced as a result of deliveries from New Melones Reservoir
or any alternative source to the Stockton East Water Dis-
trict and the Central San Joaquin Water Conservation
District.
‘‘(2) The plan developed under paragraph (1) shall
include (but not be limited to) utilization of exchange or
transfer of water facilitated by the Secretary, other con-
junctive use facilities satisfactory to the contracting enti-
ties, and/or additional diversion facilities. In the event ad-
ditional facilities are authorized and constructed, out-of-
basin entities which have constructed diversion facilities
on the Stanislaus River pursuant to contracts with the
Secretary for water from the New Melones Project, shall
be credited, in the calculation of capital for any such new
facilities, with an amount equal to 75 percent of the costs
associated with the construction of those Stanislaus River
diversion facilities. The construction of such facilities or
the allocation of costs associated with such facilities shall