(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 biological 
opinion if the most negative limit in the biological 
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 Director 
will execute a Memorandum of Understanding (MOU) to 
ensure that the smelt biological opinion is implemented 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 sur-
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vival on listed species and the implementation of the MOU 
would not be a major change to implementation of the bio-
logical opinion. Any change to procedures that does not cre-
ate a significant negative impact on the long-term survival 
to listed species will not alter application of the take per-
mitted by the incidental take statement in the biological 
opinion under section 7(o)(2) of the Endangered Species Act 
of 1973. 
(g) CALCULATION OF REVERSE FLOW IN OMR.—With-
in 90 days of the enactment of this title, the Secretary is 
directed, in consultation with the California Department 
of Water Resources to revise the method used to calculate 
reverse flow in Old and Middle Rivers for implementation 
of the reasonable and prudent alternatives in the smelt bio-
logical opinion and the salmonid biological opinion, and 
any succeeding biological opinions, for the purpose of in-
creasing 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 maximum export 
pumping rates within limits established by the smelt bio-
logical opinion, the salmonid biological opinion, and any 
succeeding biological opinions. 
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TITLE II—ENSURING SALMONID 
MANAGEMENT 
IS 
RESPON-
SIVE TO NEW SCIENCE 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ASSISTANT ADMINISTRATOR.—The term ‘‘As-
sistant Administrator’’ means the Assistant Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration 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 ‘‘Commissioner’’ 
means the Commissioner of the Bureau of Reclama-
tion. 
(5) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the United States Fish and Wildlife Serv-
ice. 
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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. Im-
plementation of the reasonable and prudent alternative de-
scribed in the salmonid biological opinion shall be adjusted 
accordingly as new scientific and commercial data are de-
veloped. The Commissioner and the Assistant Adminis-
trator shall fully utilize these authorities as described below. 
(b) ANNUAL REVIEWS OF CERTAIN CENTRAL VALLEY 
PROJECT AND STATE WATER PROJECT OPERATIONS.—No 
later than December 31, 2016, and at least annually there-
after: 
(1) The Commissioner, with the assistance of the 
Assistant Administrator, shall examine and identify 
adjustments to the initiation of Action IV.2.3 as set 
forth in the Biological Opinion and Conference Opin-
ion on the Long-Term Operations of the Central Val-
ley Project and State Water Project, Endangered Spe-
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cies Act Section 7 Consultation, issued by the Na-
tional Marine Fisheries Service on June 4, 2009, per-
taining to negative OMR flows, subject to paragraph 
(5). 
(2) The Commissioner, with the assistance of the 
Assistant Administrator, shall examine and identify 
adjustments in the timing, triggers or other oper-
ational details relating to the implementation of 
pumping restrictions in Action IV.2.1 pertaining to 
the inflow to export ratio, subject to paragraph (5). 
(3) Pursuant to the consultation and assessments 
carried out under paragraphs (1) and (2) of this sub-
section, the Commissioner and the Assistant Adminis-
trator shall jointly make recommendations to the Sec-
retary of the Interior and to the Secretary on adjust-
ments to project operations that, in the exercise of the 
adaptive management provisions of the salmonid bio-
logical opinion, will reduce water supply impacts of 
the salmonid biological opinion on the Central Valley 
Project and the California State Water Project and 
are consistent with the requirements of applicable law 
and as further described in subsection (c). 
(4) The Secretary and the Secretary of the Inte-
rior shall direct the Commissioner and Assistant Ad-
ministrator to implement recommended adjustments 
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to Central Valley Project and State Water Project op-
erations for which the conditions under subsection (c) 
are met. 
(5) The Assistant Administrator and the Com-
missioner shall review and identify adjustments to 
Central Valley Project and State Water Project oper-
ations with water supply restrictions in any successor 
biological opinion to the salmonid biological opinion, 
applying the provisions of this section to those water 
supply restrictions where there are references to Ac-
tions IV.2.1 and IV.2.3. 
(c) IMPLEMENTATION
OF
OPERATIONAL
ADJUST-
MENTS.—After reviewing the recommendations under sub-
section (b), the Secretary of the Interior and the Secretary 
shall direct the Commissioner and the Assistant Adminis-
trator to implement those operational adjustments, or any 
combination, for which, in aggregate— 
(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 measures 
may be implemented in conjunction with the ad-
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justments to operations to offset the adverse ef-
fects to listed species, consistent with (d), that 
are in excess of the adverse effects of the under-
lying 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 poten-
tial adverse effect of adjustments to operations under sub-
section (c)(1)(B), the Commissioner and the Assistant Ad-
ministrator 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 ad-
justments. When evaluating offsetting measures, the Com-
missioner 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 pro-
vide equivalent overall benefits to the listed species 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 EFFECT 
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OF ADJUSTMENTS TO OPERATIONS.—Not later than Decem-
ber 31, 2015, and every five years thereafter, the Assistant 
Administrator shall, in collaboration with the Director of 
the California Department of Fish and Wildlife, based on 
the best scientific and commercial data available and for 
each listed salmonid species, issue estimates of the increase 
in through-Delta survival the Secretary expects 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 appli-
cable, based on a given rate of San Joaquin River in-
flow to the Delta and holding other relevant factors 
constant; 
(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; 
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(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. 
(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 qual-
itative survival estimates for a species resulting from 
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one or more management measures, the Secretary 
shall, to the maximum extent feasible, rank the man-
agement measures described in subsection (e) in terms 
of their most likely expected contribution 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 dif-
ferent management measures based on the best sci-
entific and commercial data available at the time. 
(g) COMPARISON OF ADVERSE CONSEQUENCES FOR 
ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT 
PROTECTION FOR A SPECIES.— 
(1) For the purposes of this subsection and sub-
section (c)— 
(A) the alternative management measure or 
combination of alternative management meas-
ures 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) 
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shall be known as the ‘‘equivalent existing meas-
ure’’; and 
(C) an ‘‘equivalent increase in through- 
Delta survival rates for listed salmonid species’’ 
shall mean an increase in through-Delta survival 
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 species. 
(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 man-
agement measures listed in subsection (e) (3) through 
(8) would provide an increase in through-Delta sur-
vival rates for listed salmonid species that is equiva-
lent to the increase in through-Delta survival rates for 
listed salmonid species from the following: 
(A) 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 
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