Suisun Marsh Preservation and Restoration Act of 1979
PL 96-495 (H.R.4084), enacted 12/03/1980

PUBLIC LAW 96-495—DEC. 3, 1980 
94 STAT. 2581 
Public Law 96-495 
96th Congress 
An Act 
To provide for a cooperative agreement between the Secretary of the Interior and 
the State of California to improve and manage the Suisun Marsh in California. 
Dec. 3, 1980 
[H.R. 4084] 
Suisun Marsh 
Preservation 
and Restoration 
Act of 1979. 
Cooperative 
agreement. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Suisun Marsh Preservation and Restoration Act of 
1979". 
SEC. 2. It is the purpose of 
this Act to— 
(1) provide for partial mitigation of the adverse effects on the 
fish and wildlife resources of the Suisun Marsh in Solano County, 
California of the Central Valley project; and 
(2) assist in the preservation and restoration of the fish and 
wildlife resources of the Marsh by authorizing the Secretary of 
the Interior to enter into a cooperative agreement with the State 
of California for the planning, design, construction, operation 
and meiintenance of certain facilities for the Marsh which will 
not materially enhance the overall resources of the Marsh; and 
(3) to provide for such facilities as part of the more extensive 
system of preservation and restoration facilities to be developed 
for the Solano County region by the State of California, the 
Secretary of the Interior, or both. 
SEC. 3. The Secretary of the Interior, acting through the Commis-
sioner of Reclamation, is authorized to enter into a cooperative 
agreement with the State of California (hereinafter in this Act 
referred to as the "State") to provide for mitigation of the adverse 
effects of the Central Valley project on the fish and wildlife resources 
of the Suisun Marsh, Solano County, California, and for the preserva-
tion and restoration of these resources. The cooperative agreement 
shall include the following provisions: 
(1) The State shall design, construct, operate, and maintain 
certain channels, levees, and control structures in the Marsh in a 
manner which substantially conforms to the provisions of the 
development plan contained in the Report on the Suisun Marsh 
Interim Facilities (dated May 1978), prepared by the State of 
California with the assistance of the Water and Power Resources 
Service and the Fish and Wildlife Service. The State may enter Contracts. 
into contracts with appropriate non-Federal public agencies 
within the State for the operation and maintenance of such 
facilities. 
(2) The Secretary of the Interior shall pay to the State the 
Federal share of the costs of the activities described in paragraph 
(1), whether such costs are incurred before or after the date the 
cooperative agreement is entered into, upon a determination 
that such activities are in substantial conformity with the 
development plan referred to in such paragraph. 
(3) A study shall be conducted by the State, the Secretary of the Water-use study. 
Interior, or both parties, for the purpose of identifying manage-
Costs, Federal 
share. 
94 STAT. 2582 
PUBLIC LAW 96-495—DEC. 3, 1980 
ment techniques which could result in more efficient water use 
on the managed wetlands of 
the Marsh. 
(4) Appropriate arrangements shall be made by the Secretary 
of the Interior and the State to provide for the monitoring of the 
^ 
„ J , 
salinity levels in the Marsh. 
shire' 
® The Federal share of 
the costs of the activities referred to in 
paragraphs (1) through (4) shall be 50 per centum: Provided, That 
the Federal share may be altered when the system of preserva-
tion and restoration facilities referred to in section 2, subsection 
(3) is authorized: And provided further. That any such altered 
division of 
costs shall be made retroactively applicable to the cost 
of 
the facilities herein provided for. 
SEC. 4. The authority to enter into cooperative agreements under 
this Act sheill be effective only to the extent or in such simounts as are 
provided in advance in appropriation Acts. 
Appropriation 
SEC. 5. There are authorized to be appropriated $2,500,000 for the 
authorization. 
gg^.^ y^^ ending September 30, 1981 for the Federal share of the 
costs of 
the construction and the initial operation and maintenance of 
the facilities described in section 3(1) of this Act. Sums appropriated 
under this section shaU remain available until expended. 
Approved December 3, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-597, Pt. 1 (Comm. on Interior and Insular Affairs) and No. 
96-597, Pt. 2 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 96-928 (Ck)mm. on Environment and PubUc Works) and 
(Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 10, considered and passed House. 
Vol. 126 (1980): Oct. 1, considered and passed Senate, amended. 
Nov. 18, House concurred in Senate amendments.