H. R. 146—353 
(A) investigate, develop, and implement new meth-
odologies and technologies to estimate or measure water 
resources data in a cost-efficient manner; and 
(B) improve methodologies relating to the analysis and 
delivery of data. 
(2) PRIORITY.—In providing grants to appropriate entities 
under paragraph (1), the Secretary shall give priority to appro-
priate entities that propose the development of new methods 
and technologies for— 
(A) predicting and measuring streamflows; 
(B) estimating changes in the storage of groundwater; 
(C) improving data standards and methods of analysis 
(including the validation of data entered into geographic 
information system databases); 
(D) 
measuring 
precipitation 
and 
potential 
evapotranspiration; and 
(E) water withdrawals, return flows, and consumptive 
use. 
(3) PARTNERSHIPS.—In recognition of the value of collabora-
tion to foster innovation and enhance research and development 
efforts, the Secretary shall encourage partnerships, including 
public-private partnerships, between and among Federal agen-
cies, academic institutions, and private entities to promote the 
objectives described in paragraph (1). 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $5,000,000 
for each of fiscal years 2009 through 2019. 
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary, in coordination with the 
Advisory Committee and State and local water resource agencies, 
shall establish a national assessment program to be known as 
the ‘‘national water availability and use assessment program’’— 
(1) to provide a more accurate assessment of the status 
of the water resources of the United States; 
(2) to assist in the determination of the quantity of water 
that is available for beneficial uses; 
(3) to assist in the determination of the quality of the 
water resources of the United States; 
(4) to identify long-term trends in water availability; 
(5) to use each long-term trend described in paragraph 
(4) to provide a more accurate assessment of the change in 
the availability of water in the United States; and 
(6) to develop the basis for an improved ability to forecast 
the availability of water for future economic, energy production, 
and environmental uses. 
(b) PROGRAM ELEMENTS.— 
(1) WATER USE.—In carrying out the assessment program, 
the Secretary shall conduct any appropriate activity to carry 
out an ongoing assessment of water use in hydrologic 
accounting units and major aquifer systems located in the 
United States, including— 
(A) the maintenance of a comprehensive national water 
use inventory to enhance the level of understanding with 
respect to the effects of spatial and temporal patterns of
H. R. 146—354 
water use on the availability and sustainable use of water 
resources; 
(B) the incorporation of water use science principles, 
with an emphasis on applied research and statistical esti-
mation techniques in the assessment of water use; 
(C) the integration of any dataset maintained by any 
other Federal or State agency into the dataset maintained 
by the Secretary; and 
(D) a focus on the scientific integration of any data 
relating to water use, water flow, or water quality to gen-
erate relevant information relating to the impact of human 
activity on water and ecological resources. 
(2) WATER AVAILABILITY.—In carrying out the assessment 
program, the Secretary shall conduct an ongoing assessment 
of water availability by— 
(A) developing and evaluating nationally consistent 
indicators that reflect each status and trend relating to 
the availability of water resources in the United States, 
including— 
(i) surface water indicators, such as streamflow 
and surface water storage measures (including lakes, 
reservoirs, perennial snowfields, and glaciers); 
(ii) groundwater indicators, including groundwater 
level measurements and changes in groundwater levels 
due to— 
(I) natural recharge; 
(II) withdrawals; 
(III) saltwater intrusion; 
(IV) mine dewatering; 
(V) land drainage; 
(VI) artificial recharge; and 
(VII) other relevant factors, as determined by 
the Secretary; and 
(iii) impaired surface water and groundwater sup-
plies that are known, accessible, and used to meet 
ongoing water demands; 
(B) maintaining a national database of water avail-
ability data that— 
(i) is comprised of maps, reports, and other forms 
of interpreted data; 
(ii) provides electronic access to the archived data 
of the national database; and 
(iii) provides for real-time data collection; and 
(C) developing and applying predictive modeling tools 
that integrate groundwater, surface water, and ecological 
systems. 
(c) GRANT PROGRAM.— 
(1) AUTHORITY OF SECRETARY.—The Secretary may provide 
grants to State water resource agencies to assist State water 
resource agencies in— 
(A) developing water use and availability datasets that 
are integrated with each appropriate dataset developed 
or maintained by the Secretary; or 
(B) integrating any water use or water availability 
dataset of the State water resource agency into each appro-
priate dataset developed or maintained by the Secretary.
H. R. 146—355 
(2) CRITERIA.—To be eligible to receive a grant under para-
graph (1), a State water resource agency shall demonstrate 
to the Secretary that the water use and availability dataset 
proposed to be established or integrated by the State water 
resource agency— 
(A) is in compliance with each quality and conformity 
standard established by the Secretary to ensure that the 
data will be capable of integration with any national 
dataset; and 
(B) will enhance the ability of the officials of the State 
or the State water resource agency to carry out each water 
management and regulatory responsibility of the officials 
of the State in accordance with each applicable law of 
the State. 
(3) MAXIMUM AMOUNT.—The amount of a grant provided 
to a State water resource agency under paragraph (1) shall 
be an amount not more than $250,000. 
(d) REPORT.—Not later than December 31, 2012, and every 
5 years thereafter, the Secretary shall submit to the appropriate 
committees of Congress a report that provides a detailed assessment 
of— 
(1) the current availability of water resources in the United 
States, including— 
(A) historic trends and annual updates of river basin 
inflows and outflows; 
(B) surface water storage; 
(C) groundwater reserves; and 
(D) estimates of undeveloped potential resources 
(including saline and brackish water and wastewater); 
(2) significant trends affecting water availability, including 
each documented or projected impact to the availability of water 
as a result of global climate change; 
(3) the withdrawal and use of surface water and ground-
water by various sectors, including— 
(A) the agricultural sector; 
(B) municipalities; 
(C) the industrial sector; 
(D) thermoelectric power generators; and 
(E) hydroelectric power generators; 
(4) significant trends relating to each water use sector, 
including significant changes in water use due to the develop-
ment of new energy supplies; 
(5) significant water use conflicts or shortages that have 
occurred or are occurring; and 
(6) each factor that has caused, or is causing, a conflict 
or shortage described in paragraph (5). 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out subsections (a), (b), and (d) $20,000,000 for each 
of fiscal years 2009 through 2023, to remain available until 
expended. 
(2) GRANT
PROGRAM.—There is authorized to be appro-
priated to carry out subsection (c) $12,500,000 for the period 
of fiscal years 2009 through 2013, to remain available until 
expended.
H. R. 146—356 
SEC. 9509. RESEARCH AGREEMENT AUTHORITY. 
The Secretary may enter into contracts, grants, or cooperative 
agreements, for periods not to exceed 5 years, to carry out research 
within the Bureau of Reclamation. 
SEC. 9510. EFFECT. 
(a) IN GENERAL.—Nothing in this subtitle supersedes or limits 
any existing authority provided, or responsibility conferred, by any 
provision of law. 
(b) EFFECT ON STATE WATER LAW.— 
(1) IN
GENERAL.—Nothing in this subtitle preempts or 
affects any— 
(A) State water law; or 
(B) interstate compact governing water. 
(2) COMPLIANCE
REQUIRED.—The Secretary shall comply 
with applicable State water laws in carrying out this subtitle. 
Subtitle G—Aging Infrastructure 
SEC. 9601 DEFINITIONS. 
In this subtitle: 
(1) INSPECTION.—The term ‘‘inspection’’ means an inspec-
tion of a project facility carried out by the Secretary— 
(A) to assess and determine the general condition of 
the project facility; and 
(B) to estimate the value of property, and the size 
of the population, that would be at risk if the project 
facility fails, is breached, or otherwise allows flooding to 
occur. 
(2) PROJECT FACILITY.—The term ‘‘project facility’’ means 
any part or incidental feature of a project, excluding high- 
and significant-hazard dams, constructed under the Federal 
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 
1093), and Acts supplemental to and amendatory of that Act 
(43 U.S.C. 371 et seq.). 
(3) RESERVED WORKS.—The term ‘‘reserved works’’ mean 
any project facility at which the Secretary carries out the 
operation and maintenance of the project facility. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Commissioner of Reclama-
tion. 
(5) TRANSFERRED WORKS.—The term ‘‘transferred works’’ 
means a project facility, the operation and maintenance of 
which is carried out by a non-Federal entity, under the provi-
sions of a formal operation and maintenance transfer contract. 
(6) TRANSFERRED
WORKS
OPERATING
ENTITY.—The term 
‘‘transferred works operating entity’’ means the organization 
which is contractually responsible for operation and mainte-
nance of transferred works. 
(7) EXTRAORDINARY OPERATION AND MAINTENANCE WORK.— 
The term ‘‘extraordinary operation and maintenance work’’ 
means major, nonrecurring maintenance to Reclamation-owned 
or operated facilities, or facility components, that is— 
(A) intended to ensure the continued safe, dependable, 
and reliable delivery of authorized project benefits; and
H. R. 146—357 
(B) greater than 10 percent of the contractor’s or the 
transferred works operating entity’s annual operation and 
maintenance budget for the facility, or greater than 
$100,000. 
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES AND 
TECHNICAL 
ASSISTANCE 
TO 
TRANSFERRED 
WORKS 
OPERATING ENTITIES. 
(a) GUIDELINES AND INSPECTIONS.— 
(1) DEVELOPMENT OF GUIDELINES.—Not later than 1 year 
after the date of enactment of this Act, the Secretary in con-
sultation with transferred works operating entities shall 
develop, consistent with existing transfer contracts, specific 
inspection guidelines for project facilities which are in proximity 
to urbanized areas and which could pose a risk to public safety 
or property damage if such project facilities were to fail. 
(2) CONDUCT OF INSPECTIONS.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall conduct 
inspections of those project facilities, which are in proximity 
to urbanized areas and which could pose a risk to public safety 
or property damage if such facilities were to fail, using such 
specific inspection guidelines and criteria developed pursuant 
to paragraph (1). In selecting project facilities to inspect, the 
Secretary shall take into account the potential magnitude of 
public safety and economic damage posed by each project 
facility. 
(3) TREATMENT OF COSTS.—The costs incurred by the Sec-
retary in conducting these inspections shall be nonreimburs-
able. 
(b) USE OF INSPECTION DATA.—The Secretary shall use the 
data collected through the conduct of the inspections under sub-
section (a)(2) to— 
(1) provide recommendations to the transferred works oper-
ating entities for improvement of operation and maintenance 
processes, operating procedures including operation guidelines 
consistent with existing transfer contracts, and structural modi-
fications to those transferred works; 
(2) determine an appropriate inspection frequency for such 
nondam project facilities which shall not exceed 6 years; and 
(3) provide, upon request of transferred work operating 
entities, local governments, or State agencies, information 
regarding potential hazards posed by existing or proposed resi-
dential, commercial, industrial or public-use development adja-
cent to project facilities. 
(c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING 
ENTITIES.— 
(1) AUTHORITY
OF
SECRETARY
TO
PROVIDE
TECHNICAL 
ASSISTANCE.—The Secretary is authorized, at the request of 
a transferred works operating entity in proximity to an urban-
ized area, to provide technical assistance to accomplish the 
following, if consistent with existing transfer contracts: 
(A) Development of documented operating procedures 
for a project facility. 
(B) Development of documented emergency notification 
and response procedures for a project facility. 
(C) Development of facility inspection criteria for a 
project facility.
H. R. 146—358 
(D) Development of a training program on operation 
and maintenance requirements and practices for a project 
facility for a transferred works operating entity’s workforce. 
(E) Development of a public outreach plan on the oper-
ation and risks associated with a project facility. 
(F) Development of any other plans or documentation 
which, in the judgment of the Secretary, will contribute 
to public safety and the sage operation of a project facility. 
(2) COSTS.—The Secretary is authorized to provide, on a 
non-reimbursable basis, up to 50 percent of the cost of such 
technical assistance, with the balance of such costs being 
advanced by the transferred works operating entity or other 
non-Federal source. The non-Federal 50 percent minimum cost 
share for such technical assistance may be in the form of 
in-lieu contributions of resources by the transferred works oper-
ating entity or other non-Federal source. 
SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK 
PERFORMED BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary or the transferred works oper-
ating entity may carry out, in accordance with subsection (b) and 
consistent with existing transfer contracts, any extraordinary oper-
ation and maintenance work on a project facility that the Secretary 
determines to be reasonably required to preserve the structural 
safety of the project facility. 
(b) REIMBURSEMENT OF COSTS ARISING FROM EXTRAORDINARY 
OPERATION AND MAINTENANCE WORK.— 
(1) TREATMENT
OF
COSTS.—For reserved works, costs 
incurred by the Secretary in conducting extraordinary operation 
and maintenance work will be allocated to the authorized 
reimbursable purposes of the project and shall be repaid within 
50 years, with interest, from the year in which work undertaken 
pursuant to this subtitle is substantially complete. 
(2) AUTHORITY OF SECRETARY.—For transferred works, the 
Secretary is authorized to advance the costs incurred by the 
transferred works operating entity in conducting extraordinary 
operation and maintenance work and negotiate appropriate 
50-year repayment contracts with project beneficiaries pro-
viding for the return of reimbursable costs, with interest, under 
this subsection: Provided, however, That no contract entered 
into pursuant to this subtitle shall be deemed to be a new 
or amended contract for the purposes of section 203(a) of the 
Reclamation Reform Act of 1982 (43 U.S.C. 390cc(a)). 
(3) DETERMINATION OF INTEREST RATE.—The interest rate 
used for computing interest on work in progress and interest 
on the unpaid balance of the reimbursable costs of extraor-
dinary operation and maintenance work authorized by this 
subtitle shall be determined by the Secretary of the Treasury, 
as of the beginning of the fiscal year in which extraordinary 
operation and maintenance work is commenced, on the basis 
of average market yields on outstanding marketable obligations 
of the United States with the remaining periods of maturity 
comparable to the applicable reimbursement period of the 
project, adjusted to the nearest 1⁄8
of 1 percent on the 
unamortized balance of any portion of the loan. 
(c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE 
WORK.—
H. R. 146—359 
(1) IN GENERAL.—The Secretary or the transferred works 
operating entity shall carry out any emergency extraordinary 
operation and maintenance work on a project facility that the 
Secretary determines to be necessary to minimize the risk 
of imminent harm to public health or safety, or property. 
(2) REIMBURSEMENT.—The Secretary may advance funds 
for emergency extraordinary operation and maintenance work 
and shall seek reimbursement from the transferred works oper-
ating entity or benefitting entity upon receiving a written assur-
ance from the governing body of such entity that it will nego-
tiate a contract pursuant to section 9603 for repayment of 
costs incurred by the Secretary in undertaking such work. 
(3) FUNDING.—If the Secretary determines that a project 
facility inspected and maintained pursuant to the guidelines 
and criteria set forth in section 9602(a) requires extraordinary 
operation and maintenance pursuant to paragraph (1), the Sec-
retary may provide Federal funds on a nonreimbursable basis 
sufficient to cover 35 percent of the cost of the extraordinary 
operation and maintenance allocable to the transferred works 
operating entity, which is needed to minimize the risk of 
imminent harm. The remaining share of the Federal funds 
advanced by the Secretary for such work shall be repaid under 
subsection (b). 
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS 
ACT. 
Nothing in this subtitle shall preclude a transferred works 
operating entity from applying and receiving a loan-guarantee 
pursuant to the Twenty-First Century Water Works Act (43 U.S.C. 
2401 et seq.). 
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle. 
TITLE X—WATER SETTLEMENTS 
Subtitle A—San Joaquin River Restoration 
Settlement 
PART I—SAN JOAQUIN RIVER RESTORATION 
SETTLEMENT ACT 
SEC. 10001. SHORT TITLE. 
This part may be cited as the ‘‘San Joaquin River Restoration 
Settlement Act’’. 
SEC. 10002. PURPOSE. 
The purpose of this part is to authorize implementation of 
the Settlement. 
SEC. 10003. DEFINITIONS. 
In this part: 
(1) The terms ‘‘Friant Division long-term contractors’’, 
‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water
H. R. 146—360 
Account’’, ‘‘Restoration Goal’’, and ‘‘Water Management Goal’’ 
have the meanings given the terms in the Settlement. 
(2) The term ‘‘Secretary’’ means the Secretary of the 
Interior. 
(3) The term ‘‘Settlement’’ means the Stipulation of Settle-
ment dated September 13, 2006, in the litigation entitled Nat-
ural 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. 
SEC. 10004. 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 structural improve-
ments as described in paragraph 11 of the Settlement, provided, 
however, that the Secretary shall not make or fund any such 
improvements to facilities or property of the State of California 
without the approval of the State of California and the State’s 
agreement in 1 or more memoranda of understanding to partici-
pate where appropriate. 
(2) Modify Friant Dam operations so as to provide Restora-
tion Flows and Interim Flows. 
(3) Acquire water, water rights, or options to acquire water 
as described in paragraph 13 of the Settlement, provided, how-
ever, 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 recirculation, recapture, reuse, 
exchange, or transfer of water released for Restoration Flows 
or Interim Flows, for the purpose of accomplishing the Water 
Management Goal of the Settlement, subject to— 
(A) applicable provisions of California water law; 
(B) the Secretary’s use of Central Valley Project facili-
ties 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 para-
graph 16(b)(3) of the Settlement, provided that all other provi-
sions of Federal reclamation law shall remain applicable. 
(b) AGREEMENTS.— 
(1) AGREEMENTS WITH THE STATE.—In order to facilitate 
or expedite implementation of the Settlement, the Secretary
H. R. 146—361 
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 agreements with State, tribal, and local govern-
mental agencies, and with private parties, including agreements 
related to construction, improvement, and operation and 
maintenance of facilities, subject to any terms and conditions 
that the Secretary deems necessary to achieve the purposes 
of the Settlement. 
(c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL FUNDS.— 
The Secretary is authorized to accept and expend non-Federal funds 
in order to facilitate implementation of the Settlement. 
(d) MITIGATION OF IMPACTS.—Prior to the implementation of 
decisions or agreements to construct, improve, operate, or maintain 
facilities that the Secretary determines are needed to implement 
the Settlement, the Secretary 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 land-
owners. 
(e) DESIGN
AND
ENGINEERING
STUDIES.—The Secretary 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 implementation of the Settle-
ment and the reintroduction of California Central Valley Spring 
Run Chinook salmon pursuant to the Settlement and section 10011, 
shall not result in the involuntary reduction in contract water 
allocations to Central Valley Project long-term contractors, other 
than Friant Division long-term contractors. 
(g) EFFECT ON EXISTING WATER CONTRACTS.—Except as pro-
vided in the Settlement and this part, nothing in this part shall 
modify or amend the rights and obligations of the parties to any 
existing water service, repayment, purchase, or exchange contract. 
(h) INTERIM FLOWS.— 
(1) STUDY REQUIRED.—Prior to releasing any Interim Flows 
under the Settlement, the Secretary shall prepare an analysis 
in compliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), including at a minimum— 
(A) an analysis of channel conveyance capacities and 
potential for levee or groundwater seepage; 
(B) a description of the associated seepage monitoring 
program; 
(C) an evaluation of— 
(i) possible impacts associated with the release 
of Interim Flows; and 
(ii) mitigation measures for those impacts that 
are determined to be significant; 
(D) a description of the associated flow monitoring 
program; and 
(E) an analysis of the likely Federal costs, if any, 
of any fish screens, fish bypass facilities, fish salvage facili-
ties, and related operations on the San Joaquin River south 
of the confluence with the Merced River required under
H. R. 146—362 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) as a result of the Interim Flows. 
(2) CONDITIONS FOR RELEASE.—The Secretary is authorized 
to release Interim Flows to the extent that such flows would 
not— 
(A) impede or delay completion of the measures speci-
fied in Paragraph 11(a) of the Settlement; or 
(B) exceed existing downstream channel capacities. 
(3) SEEPAGE IMPACTS.—The Secretary shall reduce Interim 
Flows to the extent necessary to address any material adverse 
impacts to third parties from groundwater seepage caused by 
such flows that the Secretary identifies based on the monitoring 
program of the Secretary. 
(4) TEMPORARY
FISH
BARRIER
PROGRAM.—The Secretary, 
in consultation with the California Department of Fish and 
Game, shall evaluate the effectiveness of the Hills Ferry barrier 
in preventing the unintended upstream migration of anad-
romous fish in the San Joaquin River and any false migratory 
pathways. If that evaluation determines that any such migra-
tion past the barrier is caused by the introduction of the Interim 
Flows and that the presence of such fish will result in the 
imposition of additional regulatory actions against third parties, 
the Secretary is authorized to assist the Department of Fish 
and Game in making improvements to the barrier. From 
funding made available in accordance with section 10009, if 
third parties along the San Joaquin River south of its confluence 
with the Merced River are required to install fish screens 
or fish bypass facilities due to the release of Interim Flows 
in order to comply with the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), the Secretary shall bear the costs 
of the installation of such screens or facilities if such costs 
would be borne by the Federal Government under section 
10009(a)(3), except to the extent that such costs are already 
or are further willingly borne by the State of California or 
by the third parties. 
(i) FUNDING AVAILABILITY.— 
(1) IN GENERAL.—Funds shall be collected in the San Joa-
quin River Restoration Fund through October 1, 2019, and 
thereafter, with substantial amounts available through October 
1, 2019, pursuant to section 10009 for implementation of the 
Settlement and parts I and III, including— 
(A) $88,000,000, to be available without further appro-
priation pursuant to section 10009(c)(2); 
(B) additional amounts authorized to be appropriated, 
including the charges required under section 10007 and 
an estimated $20,000,000 from the CVP Restoration Fund 
pursuant to section 10009(b)(2); and 
(C) an aggregate commitment of at least $200,000,000 
by the State of California. 
(2) ADDITIONAL AMOUNTS.—Substantial additional amounts 
from the San Joaquin River Restoration Fund shall become 
available without further appropriation after October 1, 2019, 
pursuant to section 10009(c)(2). 
(3) EFFECT
OF
SUBSECTION.—Nothing in this subsection 
limits the availability of funds authorized for appropriation 
pursuant to section 10009(b) or 10203(c).
H. R. 146—363 
(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Subject to sec-
tion 10006(b), nothing in this part shall modify or amend the 
rights and obligations under the Purchase Contract between Miller 
and Lux and the United States and the Second Amended Exchange 
Contract between the United States, Department of the Interior, 
Bureau of Reclamation and Central California Irrigation District, 
San Luis Canal Company, Firebaugh Canal Water District and 
Columbia Canal Company. 
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO 
FACILITIES. 
(a) TITLE TO FACILITIES.—Unless acquired pursuant to sub-
section (b), title to any facility or facilities, stream channel, levees, 
or other real property modified or improved in the course of imple-
menting the Settlement authorized by this part, and title to any 
modifications or improvements 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 improvements. 
(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 imple-
ment the Settlement authorized by this part. 
(2) APPLICABLE LAW.—The Secretary is authorized, but not 
required, to exercise all of the authorities provided in section 
2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), 
to carry out the measures authorized in this section and section 
10004. 
(c) DISPOSAL OF PROPERTY.— 
(1) IN GENERAL.—Upon the Secretary’s determination that 
retention of title to property or interests in property acquired 
pursuant to this part is no longer needed to be held by the 
United States for the furtherance of the Settlement, the Sec-
retary is authorized to dispose of such property or interest 
in property on such terms and conditions as the Secretary 
deems appropriate and in the best interest of the United States, 
including possible transfer of such property to the State of 
California. 
(2) RIGHT OF FIRST REFUSAL.—In the event the Secretary 
determines that property acquired pursuant to this part 
through the exercise of its eminent domain authority is no 
longer necessary for implementation of the Settlement, the 
Secretary shall provide a right of first refusal to the property 
owner from whom the property was initially acquired, or his 
or her successor in interest, on the same terms and conditions 
as the property is being offered to other parties. 
(3) DISPOSITION OF PROCEEDS.—Proceeds from the disposal 
by sale or transfer of any such property or interests in such 
property shall be deposited in the fund established by section 
10009(c). 
(d) GROUNDWATER BANK.—Nothing in this part authorizes the 
Secretary to operate a groundwater bank along or adjacent to 
the San Joaquin River upstream of the confluence with the Merced 
River, and any such groundwater bank shall be operated by a 
non-Federal entity.
H. R. 146—364 
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. 
(a) APPLICABLE LAW.— 
(1) IN GENERAL.—In undertaking the measures authorized 
by this part, the Secretary and the Secretary of Commerce 
shall comply with all applicable Federal and State laws, rules, 
and regulations, including 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 Sec-
retary of Commerce are authorized and directed to initiate 
and expeditiously complete applicable environmental reviews 
and consultations as may be necessary to effectuate the pur-
poses of the Settlement. 
(b) EFFECT ON STATE LAW.—Nothing in this part shall preempt 
State law or modify any existing obligation of the United States 
under Federal reclamation law to operate the Central Valley Project 
in conformity with State law. 
(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.— 
(1) DEFINITION OF ENVIRONMENTAL REVIEW.—For purposes 
of this subsection, the term ‘‘environmental review’’ includes 
any consultation and planning necessary to comply with sub-
section (a). 
(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.— 
In undertaking the measures authorized by section 10004, and 
for which environmental review is required, the Secretary may 
provide funds made available under this part to affected Federal 
agencies, State agencies, local agencies, and Indian tribes if 
the Secretary determines that such funds are necessary to 
allow the Federal agencies, State agencies, local agencies, or 
Indian tribes to effectively 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 part shall be nonreimbursable 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 pursuant to sections 3406(c)(1) and 3407(d)(2) of the 
Reclamation Projects Authorization and Adjustment Act of 1992 
(Public Law 102–575; 106 Stat. 4721, 4727), for implementation 
of the Settlement, nor shall it be construed to limit or modify 
existing or future Central Valley Project ratesetting policies. 
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVE-
MENT ACT. 
Congress hereby finds and declares that the Settlement satisfies 
and discharges all of the obligations of the Secretary contained 
in section 3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721), 
provided, however, that— 
(1) the Secretary shall continue to assess and collect the 
charges provided in section 3406(c)(1) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (Public 
Law 102–575; 106 Stat. 4721), as provided in the Settlement; 
and
H. R. 146—365 
(2) those assessments and collections shall continue to be 
counted toward 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. 10008. NO PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Nothing in this part confers upon any person 
or entity not a party to the Settlement a private right of action 
or claim for relief to interpret or enforce the provisions of this 
part 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. 10009. 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 contractors and other non-Federal parties, 
including the funds provided in subparagraphs (A) through 
(D) of subsection (c)(1), 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 esti-
mated to total $240,000,000, the additional Federal appropria-
tion of $250,000,000 authorized pursuant to subsection (b)(1), 
and such additional funds authorized pursuant to subsection 
(b)(2); provided however, that the costs of implementing the 
provisions of section 10004(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 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 implement improvements on 
a project-by-project basis with the State of California. 
(B) REQUIREMENTS.—Any agreements entered 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 provi-
sions of section 10004(a)(1). 
(3) LIMITATION.—Except as provided in the Settlement, to 
the extent that costs incurred solely to implement this Settle-
ment would not otherwise have been incurred by any entity 
or public or local agency or subdivision of the State of Cali-
fornia, 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 funding provided in 
subsection (c), there are also authorized to be appropriated 
not to exceed $250,000,000 (at October 2006 price levels) to 
implement this part and the Settlement, to be available until 
expended; provided however, that the Secretary is authorized 
to spend such additional appropriations only in amounts equal 
to the amount of funds deposited in the San Joaquin River
H. R. 146—366 
Restoration Fund (not including payments under subsection 
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount 
of in-kind contributions, and other non-Federal payments actu-
ally committed to the implementation of this part or the Settle-
ment. 
(2) USE OF THE CENTRAL VALLEY PROJECT RESTORATION 
FUND.—The Secretary is authorized to use monies from the 
Central Valley Project Restoration Fund created under section 
3407 of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes 
of this part in an amount not to exceed $2,000,000 (October 
2006 price levels) in any fiscal year. 
(c) FUND.— 
(1) IN GENERAL.—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 
funds shall be deposited and used solely for the purpose of 
implementing the Settlement except as otherwise provided in 
subsections (a) and (b) of section 10203: 
(A) All payments received pursuant to section 
3406(c)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 
4721). 
(B) The construction cost component (not otherwise 
needed to cover operation and maintenance costs) of pay-
ments made by Friant Division, Hidden Unit, and 
Buchanan Unit long-term contractors pursuant to long- 
term water service contracts or pursuant to repayment 
contracts, including repayment contracts executed pursuant 
to section 10010. The construction cost repayment obliga-
tion 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 invest-
ment 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. 
(C) Proceeds from the sale of water pursuant to the 
Settlement, or from the sale of property or interests in 
property as provided in section 10005. 
(D) Any non-Federal funds, including State cost- 
sharing funds, contributed to the United States for 
implementation of the Settlement, which the Secretary may 
expend without further appropriation for the purposes for 
which contributed. 
(2) AVAILABILITY.—All funds deposited into the Fund pursu-
ant to subparagraphs (A), (B), and (C) of paragraph (1) are 
authorized for appropriation to implement the Settlement and 
this part, in addition to the authorization provided in sub-
sections (a) and (b) of section 10203, except that $88,000,000 
of such funds are available for expenditure without further 
appropriation; provided that after October 1, 2019, all funds 
in the Fund shall be available for expenditure without further 
appropriation. 
(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) and 3407(d)(2) of the Reclamation Projects