California Drought Alleviation Act of 2009 - Requires the Secretary of the Interior: (1) upon the declaration of a drought emergency by the governor of California, to determine if such an emergency exists for the service areas of the Central Valley Project and the State Water Project; and (2) upon determining that such an emergency exists for all or portions of such areas, to temporarily exempt the operations of the Bureau of Reclamation C.W. "Bill" Jones Pumping Plant and the California Harvey O. Banks Pumping Plant from the prohibitions under the Endangered Species Act of 1973 against taking endangered or threatened species or adversely modifying critical habitat until the drought emergency conditions are alleviated. Provides that the action of pumping water from these plants is not to be considered discretionary for purposes of such Act.
Authorizes the Secretary to include in a determination that a drought emergency exists reasonable and prudent measures for the protection of an endangered species or its critical habitat. Provides that: (1) such measures or the Secretary's failure to prescribe them shall not impede the ability of the Plants to supply sufficient water for municipal, industrial, and irrigation uses; and (2) the cost of such measures shall be borne by the United States and shall be nonreimbursable.
Prohibits the Secretary, in implementing this Act, from imposing additional prescriptions under such Act or the Federal Power Act on any other water storage or conveyance facility on the San Joaquin River, the Sacramento River, or their tributaries.
Requires the Secretary, if a drought emergency exists for any portion of the Central Valley Project Service Area, to operate the C.W. "Bill" Jones Pumping Plant at a capacity consistent with the Coordinated Operation Agreement between the Bureau of Reclamation and the California Department of Water Resources and otherwise applicable laws and existing water right until the drought emergency conditions are alleviated.
Authorizes the Secretary to enter into a cooperative agreement with California to support the establishment of a fish hatchery program to preserve and restore the species Hypomesus transpacificus (popularly known as Delta Smelt) in the Sacramento-San Joaquin Delta.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 856 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 856
To provide flexibility for the operation of the Bureau of Reclamation
C.W. ``Bill'' Jones Pumping Plant and the Harvey O. Banks Pumping Plant
of the State of California in times of drought emergency, to support
the establishment of a fish hatchery program to preserve and restore
the Delta Smelt in the Sacramento-San Joaquin Delta, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2009
Mr. Radanovich (for himself, Mr. Nunes, Mr. Cardoza, Mr. Calvert, Mr.
McCarthy of California, Mr. Rohrabacher, Mrs. McMorris Rodgers, and Mr.
Costa) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide flexibility for the operation of the Bureau of Reclamation
C.W. ``Bill'' Jones Pumping Plant and the Harvey O. Banks Pumping Plant
of the State of California in times of drought emergency, to support
the establishment of a fish hatchery program to preserve and restore
the Delta Smelt in the Sacramento-San Joaquin Delta, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Drought Alleviation Act
of 2009''.
SEC. 2. TEMPORARY EXEMPTION DURING DROUGHT EMERGENCIES.
(a) Exemption for the Operation of Pumping Plants During Drought
Emergencies.--Upon the declaration of a drought emergency by the
Governor of California, the Secretary of the Interior shall make a
written determination as to the existence of a drought emergency for
the service areas of the Central Valley Project and the State Water
Project. If the Secretary determines that a drought emergency exists
for all or portions of the service areas of the Central Valley Project
and the State Water Project, the Secretary shall temporarily exempt the
operations of the Bureau of Reclamation C.W. ``Bill'' Jones Pumping
Plant and the State of California Harvey O. Banks Pumping Plant from
the prohibitions under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) against take of species listed as endangered species or
threatened species or adverse modification of critical habitat, until
such time as the Secretary determines that the drought emergency
conditions are alleviated. For the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), the action of pumping
water from these plants shall not be considered discretionary.
(b) Time for Determination of Drought Emergency.--The Secretary
shall make such a determination as to the existence of a drought
emergency within the 30-day period beginning on the date of a
gubernatorial drought emergency declaration referred to in subsection
(a). If the Secretary fails to make such determination within such
period with respect to any portion of a service area referred to in
subsection (a), the Secretary is deemed to have made a written
determination that a drought emergency exists for that portion.
(c) Reasonable and Prudent Measures To Protect Species.--The
Secretary may include in any determination under subsection (a) that a
drought emergency exists, reasonable and prudent measures for the
protection of an endangered species or its critical habitat. Such
reasonable and prudent measures, or the failure of the Secretary to
prescribe such reasonable and prudent measures, shall not impede the
ability of the C.W. ``Bill'' Jones Pumping Plant and the Harvey O.
Banks Pumping Plant to supply sufficient water for municipal,
industrial, and irrigation uses. The cost of reasonable and prudent
measures prescribed by the Secretary under this subsection shall be
borne by the United States and shall be nonreimbursable.
(d) No Effect on Other Projects.--In carrying out this Act, the
Secretary of the Interior and the Secretary of Commerce shall not
impose additional prescriptions under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a
et seq.) on any other water storage or conveyance facility on the San
Joaquin River, the Sacramento River, or their tributaries.
SEC. 3. CONTINUED OPERATION OF C.W. ``BILL'' JONES PUMPING PLANT DURING
DROUGHT EMERGENCIES.
If the Secretary of the Interior determines that a drought
emergency exists for any portion of the Central Valley Project Service
Area in California, the Secretary shall direct the Bureau of
Reclamation to operate the C.W. ``Bill'' Jones Pumping Plant at a
capacity consistent with the Coordinated Operation Agreement between
the Bureau of Reclamation and the California Department of Water
Resources, and consistent with otherwise applicable laws (other than
prohibitions under the Endangered Species Act of 1973 from which the
operation is exempt under subsection (a)) and existing water right,
until such time as the Secretary determines that the drought emergency
conditions are alleviated.
SEC. 4. DELTA SMELT HATCHERY PROGRAM.
The Secretary of the Interior is authorized to enter, and shall
seek to enter, into a cooperative agreement with the State of
California to support the establishment of a fish hatchery program to
preserve and restore the species Hypomesus transpacificus (popularly
known as Delta Smelt) in the Sacramento-San Joaquin Delta. The hatchery
program should be designed to establish a sustainable population of
Hypomesus transpacificus sufficient to warrant the species' removal
from the lists published under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) and the State of California Endangered Species
Act. All Hypomesus transpacificus maintained, cultured, introduced, or
reintroduced under the program established under this section are
deemed to be members of any subspecies or population segment of
Hypomesus transpacificus listed under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) for purposes of determining
whether such subspecies or population segment is a threatened species
or endangered species under such section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water and Power.
Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.
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