Sacramento-San Joaquin Valley Water Reliability Act - Title I: Central Valley Project Water Reliability - (Sec. 101) Amends the Central Valley Project Improvement Act (CVPIA) to: (1) include among the Act's purposes to ensure that water dedicated to fish and wildlife purposes is replaced and provided to Central Valley Project (CVP) water contractors by December 31, 2016, at the lowest cost reasonably achievable and to facilitate and expedite water transfers in accordance with that Act; (2) redefine "anadromous fish" for purposes of such Act to include those native stocks of salmon (including steelhead) and sturgeon that, as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and their tributaries and that ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean and to exclude striped bass and American shad; and (3) define "reasonable flows" as water flows capable of being maintained taking into account competing consumptive uses of water and economic, environmental, and social factors.
(Sec. 103) Eliminates existing limitations on the authority of the Secretary of the Interior to enter into any new contracts for water supply from the CVP.
Directs the Secretary to renew any existing long-term repayment or water service contract, upon request of the contractor, that provides for the delivery of water from the CVP for a period of 40 years (the current contractual term is 25 years). Requires new or renewed contract to include a provision that requires the Secretary to charge only for water actually delivered.
(Sec. 104) Directs the Secretary to take all necessary actions to facilitate and expedite CVP water transfers in accordance with such Act or any other provision of federal reclamation law and the National Environmental Policy Act of 1969 (NEPA).
Requires: (1) the contracting district from which the water is coming, the agency, or the Secretary to determine if a written transfer proposal is complete within 45 days after the date of submission of such proposal; and (2) if such proposal is determined to be incomplete, the district, agency, or Secretary to state with specificity what must be added or revised.
Prohibits the Secretary from imposing mitigation or other requirements on a proposed transfer of water.
Declares that: (1) the authority to make transfers or exchanges of, or banking or recharge arrangements using, CVP water that could have been conducted before October 30, 1992, is valid and such transfers, exchanges, or arrangements shall not be subject to, limited, or conditioned by this title; and (2) this title shall not supersede or revoke the authority to transfer, exchange, bank, or recharge CVP water that existed prior to such date.
Requires: (1) measurement (currently, metering) of water use; and (2) the contracting district or agency, excluding districts serving multiple agencies with separate governing boards, to ensure that all contractor-owned water delivery systems within its boundaries measure surface water at the district or agency's facilities up to the point the surface water is commingled with other water supplies.
Repeals provisions regarding water pricing reform. Requires all revenues received by the Secretary that exceed the cost-of-service to be covered to the CVP Restoration Fund.
(Sec. 105) Grants the Secretary discretion to modify CVP operations to provide reasonable water flows of suitable quality, quantity, and timing to protect all life stages of anadromous fish. Provides that instream flow needs for CVP controlled streams and rivers shall be determined by the Secretary based on recommendations of the National Marine Fisheries Service (as well as recommendations of the United States Fish and Wildlife Service), after consultation with the United States Geological Survey (USGS) (currently, consultation is required with the California Department of Fish and Game).
Provides that all CVP water used for purposes specified in the CVPIA shall be credited to the quantity of CVP yield dedicated and managed under that Act by determining how the dedication and management of such water would affect the delivery capability of the CVP during the 1928 to 1934 drought period after fishery, water quality, and other flow and operational requirements imposed by terms and conditions existing in agreements pertaining to CVP under applicable law existing on October 30, 1992, have been met. Requires CVP water to be reused to fulfill the secretary's remaining contractual obligations to provide CVP water for agricultural or municipal and industrial purposes.
States that: (1) if, by March 15th of any year, the quantity of CVP water forecasted to be made available to water service or repayment contractors in the Delta Division of CVP is below 75% of the total quantity made available under such contracts, the quantity of CVP yield dedicated and managed for that year shall be reduced by 25%; and (2) by pursuing activities described in this section, the Secretary shall be deemed to have met the mitigation, protection, restoration, and enhancement purposes of this title.
(Sec. 106) Repeals a requirement that not less than 67% of all funds made available to the Restoration Fund under CVPIA be authorized to be appropriated to carry out habitat restoration, improvement, and acquisition provisions of that Act.
Prohibits the Secretary from requiring a donation or other payment to the CVP Restoration Fund: (1) or environmental restoration or mitigation fees not otherwise provided by law, as a condition to providing for storage or conveyance of non-CVP water or for the delivery of water pursuant to the Reclamation Reform Act of 1982; or (2) for any water that is delivered with the sole intent of groundwater recharge.
Requires annual payments to the Restoration Fund to be allocated so as not to exceed $4 per megawatt-hour for CVP power sold to power contractors (October 2013 price levels) after October 1, 2013.
Requires the Secretary to: (1) reduce certain sums and payment ceilings for the Fund upon the completion of certain fish, wildlife, and habitat mitigation and restoration actions no later than December 31, 2020; and (2) submit a plan for Fund expenditures, including a cost effectiveness analysis of each expenditure. Establishes a Restoration Fund Advisory Board to make recommendations to the Secretary regarding priorities and spending levels on projects and programs under CVPIA.
(Sec. 107) Directs the Secretary to: (1) use the authority granted in the CVPIA in connection with requests to exchange, impound, store, carry, or deliver nonproject water using CVP facilities for any beneficial purpose; and (2) develop rates not to exceed the amount required to recover the reasonable costs incurred by the Secretary in connection with a beneficial purpose. Requires such rates to be charged to a party using CVP facilities for such purpose and to exclude any donation or other payment to the Restoration Fund.
Requires the filing and adequacy of the Secretary's annual reports to Congress to be personally certified to specified committees by the Regional Director of the Mid-Pacific Region of the Bureau of Reclamation.
Directs the Secretary, in order to minimize adverse effects upon existing CVP water contractors resulting from water dedicated to fish and wildlife and to assist the state of California in meeting its future water needs, to submit to Congress on a priority basis and not later than September 30, 2013, a least-cost plan to increase, as soon as possible but not later than September 30, 2016 (except for the construction of new facilities, which shall not be limited by that deadline), the CVP water by the amount dedicated and managed for fish and wildlife purposes and otherwise required to meet CVP purposes, including satisfying contractual obligations. Requires the plan to include: (1) recommendations on appropriate cost-sharing arrangements and authorizing legislation or other measures needed to implement the intent, purposes, and provisions of this section; and (2) a description of how the Secretary intends to use specified options.
Directs the Secretary to implement the plan commencing on October 1, 2013, and 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 Estuary. Provides that if, by September 30, 2016, the plan fails to increase the annual delivery capability of CVP by 800,000 acre-feet, implementation of any non-mandatory action dedicating the 800,000 acre-feet for fish, wildlife, and habitat purposes shall be suspended until the plan achieves an increase in the annual delivery capability of CVP by 800,000 acre-feet.
Authorizes the Commissioner of the Bureau of Reclamation to partner or enter into an agreement with local joint powers authorities formed pursuant to state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region to advance water storage projects identified in the Water Supply, Reliability, and Environmental Improvement Act.
(Sec. 108) Requires the CVP and the California State Water Project (SWP) to be operated pursuant to the water quality standards and operational constraints described in the "Principles for Agreement of the Bay-Delta Standards Between the State of California and the Federal Government" dated December 15, 1994 (Bay-Delta Accord of 1994), without regard to the Endangered Species Act of 1973 (ESA) or any other law pertaining to the operation of the CVP and the SWP.
Prohibits any federal department or the state of California from imposing on any water right obtained under state law, including a pre-1914 appropriative right, any condition that restricts the exercise of that water right in order to protect any species that is affected by CVP or SWP operations. Requires implementation of the Bay-Delta Accord to be in strict compliance with the water rights priority system and statutory protections for areas of origin.
Prohibits any cost associated with implementation from being imposed on any CVP contractor or other person or entity unless incurred on a voluntary basis. Preempts California law regarding any restriction on the quantity or size of non-native fish taken or harvested that preys upon one or more native fish species that occupy the Sacramento and San Joaquin Rivers and their tributaries or the Sacramento-San Joaquin Rivers Delta.
(Sec. 109) Prohibits the Secretaries of the Interior and Commerce from distinguishing between natural-spawned and hatchery-spawned, or otherwise artificially propagated strains of a species, in making any determination under ESA that relates to any anadromous fish species that are present in the Sacramento and San Joaquin Rivers or their tributaries and that ascend those rivers and their tributaries to reproduce after maturing in the San Francisco bay or the Pacific Ocean.
(Sec. 110) Adds the Kettleman City Community Services District as an authorized service area of the CVP. Directs the Secretary to enter into a long-term contract for the delivery of up to 900 acre-feet of CVP water for municipal and industrial use. Authorizes the Secretary to temporarily reduce deliveries of the quantity of CVP water up to 25% of the total contractual amount whenever reductions due to hydrologic circumstances are imposed upon agricultural deliveries of CVP water. Makes any additional infrastructure or related costs the responsibility of the non-federal entity.
(Sec. 111) Declares that: (1) filing a Notice of Determination or a Notice of Exemption for any project, including the issuance of a permit under state law, related to any project of the CVP or the delivery of water from it in accordance with the California Environmental Quality Act shall be deemed to meet the requirements of NEPA for that project or permit; and (2) the Bureau of Reclamation shall not be required to cease or modify any major federal action, or other activity related to any CVP project or water delivery from it, pending completion of judicial review of any determination under NEPA.
Title II: San Joaquin River Restoration - (Sec. 201) Directs the Secretary of the Interior to cease any action to implement the Stipulation of Settlement (the Settlement) dated September 13, 2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., U.S. District Court, Eastern District of California.
(Sec. 202) Modifies the purpose of the San Joaquin River Restoration Settlement Act to be restoration of the San Joaquin River (currently, to authorize implementation of the Settlement).
(Sec. 204) Amends the San Joaquin River Restoration Settlement Act to eliminate references to the Settlement and to direct the Secretary, beginning on March 1, 2013, to modify Friant Dam operations to release restoration flows (defined as additional water released or bypassed from Friant Dam to ensure that the target flow entering Mendota Pool does not fall below 50 cubic feet per second) in every year except a critical water year (defined as when the total unimpaired runoff at Friant Dam is less than 400,000 acre-feet) in a manner that improves the fishery in the San Joaquin River between Friant Dam and Gravelly Ford.
Directs the Secretary to develop and implement, in cooperation with the state of California, a reasonable plan to fully recirculate, recapture, reuse, exchange, or transfer all such restoration flows. Requires such plan to address any impact on ground water resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the CVP. Permits mitigation to include ground water banking and recharge projects.
Directs the Secretary, prior to October 1, 2013, to: (1) identify the impacts associated with the release of such restoration flows; (2) identify measures necessary to mitigate impacts on adjacent and downstream water users, landowners, and agencies as a result of such restoration flows; and (3) implement all such mitigation measures identified before such restoration flows are commenced.
Directs the Secretary, within 60 days after the enactment of this Act, to promulgate a rule establishing a claims process to address current and future claims, including ground water seepage, flooding, or levee instability damages caused as a result of such restoration flows.
Declares that no CVP or other water other than San Joaquin River water impounded or bypassed from Friant Dam shall be used to implement this title's requirements unless such use is on a voluntary basis.
Provides that all actions taken under this title shall be subordinate to the Secretary's use of CVP facilities to make CVP water available to its contractors, other than water released from the Friant Dam pursuant to this title.
Preempts any state law, regulation, or requirement that imposes more restrictive requirements or regulations on the activities authorized under this title.
Directs the Secretary to phase-in each project to implement this title in the following order: (1) identify project purpose and need, (2) identify mitigation measures, (3) conduct environmental review, and (4) complete implementation of the project and required mitigation measures.
(Sec. 205) Deletes language that directs implementation of the Settlement and that authorizes the use of eminent domain to implement the Settlement.
(Sec. 207) Declares that implementation of this title satisfies federal obligations under the California Fish and Game Code.
(Sec. 208) Provides that nothing shall confer a private right of action or claim for relief to enforce provisions under section 204 of this Act, except for contractors within Friant Division, Hidden Unit, or Buchanan Unit.
(Sec. 211) Repeals provisions relating to settlement of litigation regarding restoration of the San Joaquin River reintroduction of the California Central Valley Spring Run Chinook salmon into such River.
(Sec. 213) Deletes certain additional funding for improvements and facilities in the Friant Division, CVP, California.
Title III: Repayment Contracts and Acceleration of Repayment of Construction Costs - (Sec. 301) Directs the Secretary of the Interior, upon request of the contractor, to convert all existing long-term CVP contracts to contracts that require a contractor to pay the remaining balance of construction at a Treasury rate discount. Provides that: (1) in return, pricing and acreage limitations of federal reclamation law shall no longer apply to the contractors; and (2) any capital costs incurred after the date of conversion will be repaid either within five years, if the amount is less than $5 million, or as provided by applicable reclamation law, if the amount is $5 million or greater.
Provides that this title shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from CVP or shift any costs that would otherwise have been properly assignable to any contractors.
Title IV: Bay-Delta Watershed Water Rights Preservation and Protection - (Sec. 401) Directs the Secretary of the Interior (notwithstanding the provisions of this Act, federal reclamation law, or ESA), in the operation of CVP, to: (1) strictly adhere to state water rights law governing water rights priorities by honoring water rights senior to those belonging to CVP, regardless of the source of priority; and (2) strictly adhere to and honor water rights and other priorities that are obtained or exist under the California Water Code.
Requires any action taken by the Secretary or the Secretary of Commerce to protect any species listed under ESA that affects the diversion of water or involves the release of water from any CVP water storage facilityto be applied in a manner that is consistent with water right priorities established by state law.
(Sec. 402) Directs the Secretary and the Secretary of Commerce, in implementing ESA in the Bay-Delta and on the Sacramento River, to apply any limitations on the operation of CVP or to formulate any reasonable prudent alternative associated with CVP's operation in a manner that strictly adheres to and applies water rights priorities for project water and base supply provided for in the Sacramento River Settlement Contracts.
(Sec. 403) Directs the Secretary, subject to the absolute priority of Sacramento River Settlement Contractors, to allocate water provided for irrigation purposes to existing CVP agricultural water service contractors within the Sacramento River Watershed in the following order: (1) not less than 100% of their contract quantities in a wet, above normal, or below normal year; (2) not less than 75% in a dry water year; and (3) not less than 50% in a critically dry water year.
(Sec. 404) Directs the Secretary to ensure that there are no redirected adverse water supply or fiscal impacts to those within the Sacramento River or San Joaquin River watershed or to the SWP arising from the Secretary's operation of CVP to meet legal obligations imposed by or through any state or federal agency.
Title V: Miscellaneous - Declares that: (1) coordinated operations between CVP and SWP, previously requested and consented to by the state of California and the federal government, require assertion of federal supremacy to protect existing water rights throughout the system; (2) these circumstances are unique to California; and (3) nothing in this Act shall serve as precedent in any other state.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1837 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1837
To address certain water-related concerns on the San Joaquin River, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2011
Mr. Nunes (for himself, Mr. McCarthy of California, and Mr. Denham)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To address certain water-related concerns on the San Joaquin River, 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 ``San Joaquin Valley Water Reliability
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CENTRAL VALLEY PROJECT IMPROVEMENT ACT REFORMS
Sec. 101. Amendment to purposes.
Sec. 102. Amendment to definition.
Sec. 103. Limitation on contracting and contract reform.
Sec. 104. Water transfers, improved water management, and conservation.
Sec. 105. Fish, wildlife, and habitat restoration.
Sec. 106. Restoration Fund.
Sec. 107. Additional authorities.
Sec. 108. Compliance with Endangered Species Act of 1973.
Sec. 109. Authorized service area.
Sec. 110. Area of origin and prior rights.
Sec. 111. Water storage.
TITLE II--SAN JOAQUIN RIVER RESTORATION
Sec. 201. Reference.
Sec. 202. Preemption of State law.
Sec. 203. Repeal of the San Joaquin River Settlement.
Sec. 204. Satisfaction and discharge of obligations.
Sec. 205. San Joaquin River Habitat Restoration.
Sec. 206. Restoration Fund.
Sec. 207. Natural and artificially spawned species.
TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS
Sec. 301. Repayment contracts and acceleration of repayment of
construction costs.
TITLE I--CENTRAL VALLEY PROJECT IMPROVEMENT ACT REFORMS
SEC. 101. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act (106
Stat. 4706) is amended--
(1) in subsection (f), by striking the period at the end;
and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife purposes
by this title is replaced and provided to Central Valley Project water
contractors by December 31, 2016, at the lowest cost reasonably
achievable; and
``(h) to facilitate and expedite water transfers in accordance with
this Act.''.
SEC. 102. AMENDMENT TO DEFINITION.
Section 3403(a) of the Central Valley Project Improvement Act (106
Stat. 4707) is amended to read as follows:
``(a) the term `anadromous fish' means those native stocks of
salmon (including steelhead) and sturgeon that, as of October 30, 1992,
were present in the Sacramento and San Joaquin Rivers and their
tributaries and ascend those rivers and their tributaries to reproduce
after maturing in San Francisco Bay or the Pacific Ocean;''.
SEC. 103. LIMITATION ON CONTRACTING AND CONTRACT REFORM.
Section 3404 of the Central Valley Project Improvement Act (106
Stat. 4710) is amended by striking the language of the section and by
adding:
``(a) Renewal of Existing Long-Term Contracts.--Upon request of the
contractor, the Secretary shall renew any existing long-term repayment
or water service contract that provides for the delivery of water from
the Central Valley Project for a period of 40 years, and renew such
contracts for successive periods of 40 years each.
``(b) Delivery Charge.--Beginning on the date of the enactment of
this Act, a contract entered into or renewed pursuant to this section
shall include a provision that requires the Secretary to charge the
other party to such contract only for water actually delivered by the
Secretary.''.
SEC. 104. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.
Section 3405 of the Central Valley Project Improvement Act (106
Stat. 4710) is amended as follows:
(1) In subsection (a)--
(A) by inserting before ``Except as provided
herein'' the following: ``The Secretary shall take all
necessary actions to facilitate and expedite transfers
of Central Valley Project water in accordance with such
Act or any other provision of law.'';
(B) in paragraph (1)(A), by striking ``to
combination'' and inserting ``or combination'';
(C) in paragraph (2), by adding at the end the
following:
``(E) The contracting district from which the water
is coming, the agency, or the Secretary shall determine
if a written transfer proposal is complete within 45
days after the date of submission of such proposal. If
such district or agency or the Secretary determines
that such proposal is incomplete, such district or
agency or the Secretary shall state with specificity
what must be added to or revised in order for such
proposal to be complete.
``(F) Except as provided in this section, the
Secretary shall not impose mitigation or other
requirements on a proposed transfer, but the
contracting district from which the water is coming or
the agency shall retain all authority under State law
to approve or condition a proposed transfer.''; and
(D) by adding at the end the following:
``(4) Notwithstanding any other provision of law--
``(A) the authority to make transfers or exchanges
of, or banking or recharge arrangements using, Central
Valley Project water that could have been conducted
before October 30, 1992, is valid, and such transfers,
exchanges, or arrangements shall not be subject to,
limited, or conditioned by this title; and
``(B) this title shall not supersede or revoke the
authority to transfer, exchange, bank, or recharge
Central Valley Project water that existed prior to
October 30, 1992.''.
(2) In subsection (b)--
(A) in the heading, by striking ``Metering'' and
inserting ``Measurement''; and
(B) by inserting after the first sentence the
following: ``The contracting district or agency, not
including contracting districts serving multiple
agencies with separate governing boards, shall ensure
that all contractor-owned water delivery systems within
its boundaries measure surface water at the district or
agency's facilities up to the point the surface water
is commingled with other water supplies.''.
(3) By striking subsection (d).
(4) By redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(5) By amending subsection (e) (as redesignated by
paragraph (4)) to read as follows:
``(e) Restoration Fund.--All revenues received by the Secretary
that exceed the cost-of-service rate applicable to the delivery of
water transferred from irrigation use to municipal and industrial use
under subsection (a) shall be deposited into the Restoration Fund, as
established under section 3407.''.
SEC. 105. FISH, WILDLIFE, AND HABITAT RESTORATION.
Section 3406 of the Central Valley Project Improvement Act (106
Stat. 4714) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) Modification of program.--
``(i) In general.--As needed to achieve the
goals of the program established under this
paragraph, the Secretary may modify Central
Valley Project operations to provide reasonable
water flows of suitable quality, quantity, and
timing to protect all life stages of anadromous
fish. Such flows shall be provided--
``(I) from the quantity of water
dedicated for fish, wildlife, and
habitat restoration purposes under
paragraph (2);
``(II) from the water supplies
acquired pursuant to paragraph (3); and
``(III) from other sources that do
not conflict with fulfillment of the
Secretary's remaining contractual
obligations to provide Central Valley
Project water for other authorized
purposes.
``(ii) Instream flow needs.--Reasonable
instream flow needs for all Central Valley
Project controlled streams and rivers shall be
determined by the Secretary based on
recommendations of the United States Fish and
Wildlife Service and the National Marine
Fisheries Service after consultation with the
United States Geological Survey.'';
(B) by amending paragraph (2) to read as follows:
``(2) upon October 30, 1992, dedicate and manage annually
800,000 acre-feet of Central Valley Project yield for the
purposes of implementing the fish, wildlife, and habitat
restoration purposes and measures authorized by such Act;
assisting the State of California in its efforts to protect the
waters of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary; and helping to meet such obligations as may be legally
imposed upon the Central Valley Project under State or Federal
law following October 30, 1992, including additional
obligations under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.). For the purpose of this section, the term
`Central Valley Project yield' means the delivery capability of
the Central Valley Project during the 1928 to 1934 drought
period after fishery, water quality, and other flow and
operational requirements imposed by terms and conditions
existing in licenses, permits, and other agreements pertaining
to the Central Valley Project under applicable State or Federal
law existing on October 30, 1992, have been met. All Central
Valley Project water used for the purposes specified in this
paragraph shall be credited to the quantity of Central Valley
Project yield dedicated and managed under this paragraph by
determining how the dedication and management of such water
would affect the delivery capability of the Central Valley
Project during the 1928 to 1934 drought period after fishery,
water quality, and other flow and operational requirements
imposed by terms and conditions existing in licenses, permits,
and other agreements pertaining to the Central Valley Project
under applicable State or Federal law existing on October 30,
1992, have been met. To the fullest extent possible and in
accordance with section 3411, Central Valley Project water
dedicated and managed pursuant to this paragraph shall be
reused to fulfill the Secretary's remaining contractual
obligations to provide Central Valley Project water for
agricultural or municipal and industrial purposes.''; and
(C) by amending paragraph (2)(C) to read:
``(C) If by March 15th of any year the quantity of
Central Valley Project water forecasted to be made
available to water service or repayment contractors in
the Delta Division of the Central Valley Project is
below 75 percent of the total quantity of water to be
made available under said contracts, the quantity of
Central Valley Project yield dedicated and managed for
that year under this paragraph shall be reduced by 25
percent.''.
(2) By adding at the end the following:
``(i) Satisfaction of Purposes.--By pursuing the programs and
activities authorized by this section, the Secretary shall be deemed to
have met the mitigation, protection, restoration, and enhancement
purposes of section 2 of the Act of August 26, 1937 (Chapter 832; 50
Stat. 850).''.
SEC. 106. RESTORATION FUND.
Section 3407 of the Central Valley Project Improvement Act (106
Stat. 4714) is amended as follows:
(1) By amending subsection (a) to read as follows:
``(a) Restoration Fund Established.--
``(1) In general.--There is established in the Treasury the
`Central Valley Project Restoration Fund', which shall be
available for deposit of donations from any source and revenues
collected under sections 3404(c)(3), 3405(f), 3406(c)(1), and
3407(d). Funds donated to the Restoration Fund by a non-Federal
entity for a specific purpose shall be expended for such
purpose only and shall not be subject to appropriation. Amounts
deposited shall be credited as offsetting collections. Not less
than 50 percent of the amounts deposited to the Restoration
Fund shall be expended for purposes of the Central Valley
Project unit or division regarding which the amounts were
collected.
``(2) Prohibition.--The Secretary may not--
``(A) directly or indirectly require a donation or
other payment to the Restoration Fund, or environmental
restoration or mitigation fees not otherwise provided
by law, as--
``(i) a condition to providing for the
storage or conveyance of non-Central Valley
Project water pursuant to Federal reclamation
laws; or
``(ii) a condition to the delivery of water
pursuant to section 215 of the Reclamation
Reform Act of 1982 (Public Law 97-293; 96 Stat.
1270); or
``(B) require a donation or other payment to the
Restoration Fund for any water that is delivered with
the sole intent of groundwater recharge.
``(3) Use of certain amounts.--The Secretary shall use the
amounts collected pursuant to section 3406(c)(1)--
``(A) to assist in improving water quality,
riparian values, and fish habitat in the San Joaquin
River from Friant Dam to Mendota Pool; or
``(B) to support other projects benefitting land
within the Friant Division.
``(4) Certain use of restoration fund.--Except as provided
under paragraph (1), funds deposited into the Restoration Fund
may be appropriated for the acquisition of water supplies and
the construction of facilities used to implement projects or
programs undertaken pursuant to section 3408(j).''.
(2) In subsection (c), by amending paragraph (1) to read as
follows:
``(1) To the extent required in Acts of appropriation, the
Secretary shall assess and collect additional annual payments,
in addition to the charges collected under sections 3404(c)(3),
3405(a)(1)(C), 3405(f), and 3406(c)(1), consisting of charges
to direct beneficiaries of the Central Valley Project under
subsection (d) of this section in order to recover a portion or
all of the costs of carrying out programs, projects, plans,
habitat restoration, improvement, and acquisition provisions of
this title.''.
(3) By adding at the end the following:
``(g) Report on Expenditure of Funds.--At the end of each fiscal
year, the Secretary, in consultation with the Restoration Fund Advisory
Board, shall submit to Congress a plan for the expenditure of all of
the funds deposited into the Restoration Fund during the preceding
fiscal year. Such plan shall contain a cost effectiveness analysis of
each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is hereby established the
Restoration Fund Advisory Board (hereinafter in this section
referred to as the `Advisory Board') composed of 12 members
selected by the Secretary, each for four year terms, one of
whom shall be designated by the Secretary as Chairman. The
members shall be selected so as to represent the various
Central Valley Project stakeholders, four of whom shall be from
CVP agricultural users, three from CVP municipal and industrial
users, three from CVP power contractors, and two at the
discretion of the Secretary. The Secretary and the Secretary of
Commerce may each designate a representative to act as an
observer of the Advisory Board.
``(2) Duties.--The duties of the Advisory Board are as
follows:
``(A) To meet at least semi-annually to develop and
make recommendations to the Secretary regarding
priorities and spending levels on projects and programs
carried out pursuant to the Central Valley Project
Improvement Act.
``(B) To ensure that any advice or recommendation
made by the Advisory Board to the Secretary reflect the
independent judgment of the Advisory Board.
``(C) Not later than December 31, 2012, and
annually thereafter, to transmit to the Secretary and
Congress recommendations required under subparagraph
(A).
``(D) Not later than December 31, 2012, and
biennially thereafter, to transmit to Congress a report
that details the progress made in achieving the goals
of the Restoration Fund as identified in this Act.
``(3) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency. Non-Federal members of the
Advisory Board, while engaged in the performance of their
duties away from their homes or regular places of business, may
be allowed travel expenses, including per diem in lieu of
subsistence under section 5703 of title 5, United States Code.
Funds from the Restoration Fund may be used to carry out this
paragraph.
``(4) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Advisory Board.''.
SEC. 107. ADDITIONAL AUTHORITIES.
(a) Authority for Certain Activities.--Section 3408(c) of the
Central Valley Project Improvement Act (106 Stat. 4728) is amended to
read as follows:
``(c) Contracts for Additional Storage and Delivery of Water.--
``(1) In general.--The Secretary is authorized to enter
into contracts pursuant to Federal reclamation law and this
title with any Federal agency, California water user or water
agency, State agency, or private organization for the exchange,
impoundment, storage, carriage, and delivery of non-project
water for domestic, municipal, industrial, fish and wildlife,
and any other beneficial purpose.
``(2) Limitation.--Nothing in this subsection shall be
deemed to supersede the provisions of section 103 of Public Law
99-546 (100 Stat. 3051).
``(3) Authority for certain activities.--The Secretary
shall use the authority granted by this subsection in
connection with requests to exchange, impound, store, carry, or
deliver nonproject water using Central Valley Project
facilities for any beneficial purpose.
``(4) Rates.--
``(A) In general.--The Secretary shall develop
rates not to exceed the amount required to recover the
reasonable costs incurred by the Secretary in
connection with a beneficial purpose under this
subsection. Such rates shall be charged to a party
using Central Valley Project facilities for such
purpose. Such costs shall not include any donation or
other payment to the Restoration Fund.
``(B) Reduction in operations and maintenance.--Any
payment received in connection with the use of Central
Valley Project facilities shall be applied to reduce
the current-year operations and maintenance expenses,
otherwise payable by Central Valley Project
contractors, for such facilities used.
``(5) Construction.--This subsection shall be construed and
implemented to facilitate and encourage the use of Central
Valley Project facilities to exchange, impound, store, carry,
or deliver nonproject water for any beneficial purpose.''.
(b) Reporting Requirements.--Section 3408(f) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) by striking ``Interior and Insular Affairs and Merchant
Marine and Fisheries'' and inserting ``Natural Resources'';
(2) in the second sentence, by inserting before the period
at the end the following: ``, including progress on the plan
required by subsection (j)''; and
(3) by adding at the end the following: ``The filing and
adequacy of such report shall be personally certified to the
Committees referenced above by the Regional Director of the
Mid-Pacific Region of the Bureau of Reclamation.''.
(c) Project Yield Increase.--Section 3408(j) of the Central Valley
Project Improvement Act (106 Stat. 4730) is amended to read as follows:
``(j) Project Yield Increase.--
``(1) Plan required.--In order to minimize adverse effects
upon existing Central Valley Project water contractors
resulting from the water dedicated for fish and wildlife under
this title, and to assist the State of California in meeting
its future water needs, the Secretary, on a priority basis and
not later than September 30, 2012, shall submit to Congress a
least-cost plan to increase, as soon as possible but not later
than September 30, 2016 (except for the construction of new
facilities which shall not be limited by that deadline), the
water of the Central Valley Project by the amount dedicated and
managed for fish and wildlife purposes under this title and
otherwise required to meet the purposes of the Central Valley
Project including satisfying contractual obligations.
``(2) Contents of plan.--The plan required by paragraph (1)
shall include--
``(A) recommendations on appropriate cost-sharing
arrangements and authorizing legislation or other
measures needed to implement the intent, purposes, and
provisions of this subsection; and
``(B) a description of how the Secretary intends to
use the following options:
``(i) Improvements in, modification of, or
additions to the facilities and operations of
the project and construction of new water
storage facilities.
``(ii) Conservation.
``(iii) Transfers.
``(iv) Conjunctive use.
``(v) Purchase of water.
``(vi) Purchase and idling of agricultural
land.
``(vii) Direct purchase of water rights.
``(viii) Water banking and recharge.
``(3) Implementation of plan.--Subject to the availability
of appropriated funds, the Secretary shall implement the plan
required by paragraph (1) commencing on October 1, 2012. In
order to carry out this subsection, the Secretary shall
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 Estuary.
``(4) Failure of the plan.--Not withstanding any other
provision of law, if by September 30, 2016, the plan required
by paragraph (1) fails to increase the annual delivery
capability of the Central Valley Project by 800,000 acre-feet,
implementation of section 3406(b)(2) shall be suspended until
the plan achieves an increase in the annual delivery capability
of the Central Valley Project by 800,000 acre-feet.''.
(d) Technical Correction.--Section 3408(h) of the Central Valley
Project Improvement Act (106 Stat. 4729) is amended--
(1) in paragraph (1), by striking ``paragraph (h)(2)'' and
inserting ``paragraph (2)''; and
(2) in paragraph (2), by striking ``paragraph (h)(i)'' and
inserting ``paragraph (1)''.
SEC. 108. COMPLIANCE WITH ENDANGERED SPECIES ACT OF 1973.
(a) Compliance.--
(1) In general.--All requirements of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) shall be considered to be
fully met for the protection and conservation of the species
listed pursuant to the Act for the operations of the Central
Valley Project and the California State Water Project, if the
Central Valley Project and the California State Water Project
are operated in a manner consistent with the ``Principles for
Agreement on the Bay-Delta Standards Between the State of
California and the Federal Government'' dated December 15,
1994.
(2) Biological opinions and modification.--The Secretary of
the Interior and the Secretary of Commerce shall issue
biological opinions for coordinated operations of the Central
Valley Project and the California State Water Project that are
no more restrictive than provisions of the ``Principles for
Agreement on the Bay-Delta Standards Between the State of
California and the Federal Government'' dated December 15,
1994. Such biological opinions may be modified only with the
consent of the signatories to the ``Principles for Agreement on
the Bay-Delta Standards Between the State of California and the
Federal Government'' dated December 15, 1994.
(b) Preemption of State Law.--
(1) State law preemption.--Neither the State of California,
an agency of the State, nor any political subdivision of the
State shall adopt or enforce any requirement for the protection
or conservation of any species listed under the Endangered
Species Act for the operations of the Central Valley Project or
the California State Water Project that is more restrictive
than the requirements of this section. Any provision of
California State law that authorizes the imposition of
conditions or restrictions on the operations of the Central
Valley Project or the California State Water Project for the
protection or conservation of a species that is more
restrictive than this section is preempted.
(2) Native species protection.--Any restriction imposed
under California law on the take or harvest of any nonnative or
introduced aquatic or terrestrial species that preys upon a
native fish species that occupies the Sacramento and San
Joaquin Rivers and their tributaries or the Sacramento-San
Joaquin Rivers Delta shall be void and is preempted.
SEC. 109. AUTHORIZED SERVICE AREA.
The authorized service area of the Central Valley Project shall
include the area within the boundaries of the Kettleman City Community
Services District, California, as those boundaries exist on the date of
the enactment of this title. Notwithstanding the provisions of the Act
of October 30, 1992, (Public Law 102-575, 106 Stat. 4600 et seq.) upon
enactment of this title, the Secretary is authorized and directed to
enter into a long-term contract in accordance with the Reclamation laws
with the Kettleman City Community Services District, California, for
the delivery of up to 900 acre-feet of Central Valley Project water for
municipal and industrial use. The Secretary may temporarily reduce
deliveries of the quantity of water made available pursuant to up to 25
percent of such total whenever reductions due to hydrologic
circumstances are imposed upon agricultural deliveries of Central
Valley Project water.
SEC. 110. AREA OF ORIGIN AND PRIOR RIGHTS.
Nothing in this title shall affect the Secretary's duty to operate
the Central Valley Project in a manner consistent with applicable
provisions of State water law protecting any area of origin, watershed
of origin, county of origin, or any other water rights, such as senior
appropriative rights, including rights appropriated prior to December
19, 1914.
SEC. 111. WATER STORAGE.
The Secretary, acting through the Commissioner of the Bureau of
Reclamation, may provide funds authorized to be appropriated to the
surface storage projects identified in section 103(d)(1) of the Water
Supply, Reliability, and Environmental Improvement Act (Public Law 108-
361) and Acts supplemental and amendatory of that Act, to local joint
powers authorities formed pursuant to State law by irrigation districts
and other local water districts and local governments within the
applicable hydrologic region, to advance those projects.
TITLE II--SAN JOAQUIN RIVER RESTORATION
SEC. 201. REFERENCE.
Subtitle A of title X of Public Law 111-11 is hereby repealed.
SEC. 202. PREEMPTION OF STATE LAW.
Notwithstanding section 8 of the Reclamation Act of 1902, except as
provided herein, this title preempts and supersedes any State law,
regulation, or requirement that imposes more restrictive requirements
or regulations on the activities authorized under such title. Provided
nothing herein shall exempt the Friant Division, Hidden Unit, and
Buchanan Unit of the Central Valley Project from orders issued by the
State Water Resources Control Board pursuant to the Porter-Cologne
Water Quality Control Act (California Water Code Sections 13000 et
seq.).
SEC. 203. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.
As of the date of enactment of this title, the Secretary shall
cease any action to implement the San Joaquin River Restoration
Settlement Act (subtitle A of title X of Public Law 111-11) and the
Stipulation of Settlement (Natural Resources Defense Council, et al. v.
Kirk Rodgers, et al., Eastern District of California, No. Civ. S-88-
1658 LKK/GGH).
SEC. 204. SATISFACTION AND DISCHARGE OF OBLIGATIONS.
Congress finds and declares that the enactment of this section
satisfies and discharges all of the following obligations:
(1) Those of the Secretary contained in section 3406(c)(1)
of the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575), except that the Secretary shall
continue to assess and collect the charges described in such
section 3406(c)(1).
(2) Those of the Secretary and all other parties to protect
and keep in good condition any fish that may be planted or
exist below Friant Dam, including any obligations under section
5937 of the California Fish and Game Code and the public trust
doctrine.
SEC. 205. SAN JOAQUIN RIVER HABITAT RESTORATION.
(a) Purpose.--The purpose of this section is to implement a program
of increased water releases from Friant Dam to address environmental,
habitat, fisheries, and water quality concerns on the San Joaquin River
from Friant Dam to Sack Dam.
(b) Definitions.--For the purposes of this section:
(1) Restoration flows.--The term ``Restoration Flows''
means the minimum flow of 50 cubic feet per second at Sack Dam,
located approximately 85 river miles downstream from Friant
Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Water year.--The term ``Water Year'' means October 1
through the following September 30.
(c) Critical Water Year.--For purposes of this section a Critical
Water Year is when the total unimpaired runoff at Friant Dam is less
than 400,000 acre-feet.
(d) Release of Restoration Flows.--In each Water Year, commencing
in the Water Year starting on October 1, 2012, the Secretary--
(1) shall modify Friant Dam operations so as to release the
Restoration Flows for that Water Year, except in any critical
water year;
(2) shall ensure that the release of Restoration Flows are
maintained at the levels prescribed by this section;
(3) shall release the Restoration Flows in a manner that
improves the fishery in the San Joaquin River below Friant Dam,
but upstream of Gravelly Ford in existence as of the date of
the enactment of this section, and the associated riparian
habitat, while improving water quality in the San Joaquin River
at Vernalis and achieving such other environmental benefits as
the Secretary may reasonably determine; and
(4) may, without limiting the actions required under
paragraphs (1) through (3) and subject to subsection (m), use
the Restoration Flows to enhance or restore a warm water
fishery if the Secretary determines that it is reasonable,
prudent, and feasible to do so.
(e) Effect on Existing Obligations.--Except as described in
subsection (f), nothing in this section shall modify any existing
obligation of the United States under Federal Reclamation law to
operate the Central Valley Project in conformity with State law and
existing or to be renewed water service, repayment, purchase, or
exchange contracts.
(f) Recovery of Restoration Flows.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall develop and
implement a least-cost plan to fully recover or replace all Restoration
Flows and provide such recovered or replacement flows to those water
service contractors within the Friant Division, Hidden Unit, and
Buchanan Unit of the Central Valley Project that relinquished the
Restoration Flows so recovered or replaced. Such a program shall not
impact the water supply or water rights of any entity outside the
Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley
Project.
(g) Groundwater Impact Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, in cooperation
with representatives of affected landowners, shall develop and
implement a least-cost plan to fully mitigate the impact on
groundwater resources within the service area of the Friant
Division, Hidden Unit, and Buchanan Unit of the Central Valley
Project caused by the release of Restoration Flows.
(2) Mitigation.--The mitigation required under paragraph
(1) may include one or more of the following: the development
of new water supplies, land retirement, and groundwater banking
and recharge projects. To the extent Restoration Flows are
recovered or replaced pursuant to subsection (g) in a manner
that mitigates the impact on groundwater resources caused by
the release of Restoration Flows, such recovery or replacement
may be considered to be a part of the plan to be implemented
under this subsection.
(h) Private Rights of Action.--Nothing in this section shall confer
upon any person or entity a private right of action or claim for relief
to interpret or enforce the provisions of this section. Any Central
Valley Project long-term water service or repayment contractor within
the Friant Division, Hidden Unit, or Buchanan Unit adversely affected
by the Secretary's failure to comply with subsection (f) or (g) may
bring an action against the Secretary for injunctive relief or damages,
or both. Any action for damages shall be brought in the United States
Court of Federal Claims.
(i) No Impacts on Other Interests.--No Central Valley Project or
other water other than San Joaquin River water impounded by or bypassed
from Friant Dam shall be used to implement subsection (d) unless such
use is on a voluntary basis. No cost associated with the implementation
of this section shall be imposed directly or indirectly on any Central
Valley Project contractor, or any other person or entity, outside the
Friant Division, the Hidden Unit, or the Buchanan Unit, unless such
costs are incurred on a voluntary basis. The implementation of this
section shall not result directly or indirectly in any reduction in
water supplies or water reliability on any Central Valley Project
contractor, any State Water Project contractor, or any other person or
entity, outside the Friant Division, the Hidden Unit, or the Buchanan
Unit, unless such reductions or costs are incurred on a voluntary
basis.
(j) Priority.--
(1) In general.--All actions taken under this section shall
be subordinate to the Secretary's use of Central Valley Project
facilities to make Project water, other than water released
from the Friant Dam pursuant to this section, and the
Secretary's performance of the Agreement.
(2) Definition of agreement.--For the purposes of this
subsection, the term ``Agreement'' means the Agreement of
November 24, 1986, between the United States 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 section 103 of Public Law
99-546, including any agreement to resolve conflicts arising
from that Agreement.
SEC. 206. RESTORATION FUND.
There is hereby established within the Treasury of the United
States a fund, to be known as the San Joaquin River Fishery Restoration
Fund, into which the following funds shall be deposited and used solely
for the purpose of implementing this title:
(1) 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).
(2) Any non-Federal funds, including State cost-sharing
funds, contributed to the United States for this purpose.
(3) Funds in the San Joaquin River Restoration Fund,
(Public Law 111-11 section 10009(c)(1)), on the day before the
date of the enactment of this Act.
SEC. 207. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of the enactment of this title, the Secretary shall
not distinguish between natural-spawned and hatchery-spawned or
otherwise artificially propagated strains of a species in making any
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) that relates to any anadromous fish species present in the
Sacramento and San Joaquin Rivers or their tributaries and ascend those
rivers and their tributaries to reproduce after maturing in San
Francisco Bay or the Pacific Ocean.
TITLE III--REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS
SEC. 301. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF
CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) Not later than 1 year after enactment, the Secretary of
the Interior, upon request of the contractor, shall convert all
existing long-term contracts with any Central Valley Project
contracts entered under subsection (e) of section 9 of the Act
of August 4, 1939 (53 Stat. 1196), to contracts under
subsection (d) of section 9 of said Act (53 Stat. 1195), under
mutually agreeable terms and conditions.
(2) Upon request of the contractor, the Secretary is
further authorized to convert, not later than 1 year after
enactment, any Central Valley Project long-term contract
entered under subsection (c)(2) of section 9 of the Act of
August 4, 1939 (53 Stat. 1194), to a contract under subsection
(c)(1) of section 9 of said Act, under mutually agreeable terms
and conditions.
(3) All contracts entered into pursuant to paragraph (1)
shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the most current
version of the Central Valley Project Schedule of
Irrigation Capital Allocations by Contractor, as
adjusted to reflect payments not reflected in such
schedule, and properly assignable for ultimate return
by the contractor, no later than January 31, 2013, or
if made in approximately equal annual installments, no
later than January 31, 2016; such amount to be
discounted by \1/2\ the Treasury Rate. An estimate of
the remaining amount of construction costs as of
January 31, 2013, as adjusted, shall be provided by the
Secretary of the Interior to each contractor no later
than 180 days after enactment;
(B) require that, notwithstanding subsection
(c)(2), construction costs or other capitalized costs
incurred after the effective date of the contract or
not reflected in the schedule referenced in
subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years
after notification of the allocation if such amount is
a result of a collective annual allocation of capital
costs to the contractors exercising contract
conversions under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
Reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any
other context; and
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract.
(4) All contracts entered into pursuant to paragraph (2)
shall--
(A) require the repayment in lump sum of the
remaining amount of construction costs identified in
the most current version of the Central Valley Project
Schedule of Municipal and Industrial Water Rates, as
adjusted to reflect payments not reflected in such
schedule, and properly assignable for ultimate return
by the contractor, no later than January 31, 2016. An
estimate of the remaining amount of construction costs
as of January 31, 2016, as adjusted, shall be provided
by the Secretary of the Interior to each contractor no
later than 180 days after enactment; and
(B) require that, notwithstanding subsection
(c)(2), construction costs or other capitalized costs
incurred after the effective date of the contract or
not reflected in the schedule referenced in
subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years
after notification of the allocation if such amount is
a result of a collective annual allocation of capital
costs to the contractors exercising contract
conversions under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
Reclamation law, provided that the reference to the
amount of $5,000,000 shall not be a precedent in any
other context.
(b) Final Adjustment.--The amounts paid pursuant to subsection (a)
shall be subject to adjustment following a final cost allocation by the
Secretary of the Interior upon completion of the construction of the
Central Valley Project. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be no less than 1 year and no more
than 10 years, however, mutually agreeable provisions regarding the
rate of repayment of such amount may be developed by the parties. In
the event that the final cost allocation indicates that the costs
properly assignable to the contractor are less than what the contractor
has paid, the Secretary of the Interior is authorized and directed to
credit such overpayment as an offset against any outstanding or future
obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under
subsection (a)(3)(B) or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment of
the construction costs as provided in subsection (a)(3)(A), the
ownership and full-cost pricing limitations of any provision of
Federal Reclamation Law shall not apply to lands in such
district.
(2) Notwithstanding any repayment obligation under
paragraph (3)(B) or paragraph (4)(B) of subsection (a), or
subsection (b), upon a contractor's compliance with and
discharge of the obligation of repayment of the construction
costs as provided in paragraphs (3)(A) and (4)(A) of subsection
(a), the Secretary of the Interior shall waive the pricing
provisions of section 3405(d) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
for such contractor, provided that such contractor shall
continue to pay applicable operation and maintenance costs and
other charges applicable to such repayment contracts pursuant
to the then-current rate-setting policy and applicable law.
(d) Certain Repayment Obligations Not Altered.--Implementation of
the provisions of this section shall not alter the repayment obligation
of any other long-term water service or repayment contractor receiving
water from the Central Valley Project, or shift any costs that would
otherwise have been properly assignable to any contractors absent this
section, including operations and maintenance costs, construction
costs, or other capitalized costs incurred after the date of enactment
of this Act, to other such contractors.
(e) Statutory Interpretation.--Nothing in this part shall be
construed to affect the right of any long-term contractor to use a
particular type of financing to make the payments required in paragraph
(3)(A) or paragraph (4)(A) of subsection (a).
<all>
POSTPONED PROCEEDINGS - At the conclusion of debate on the Napolitano amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Napolitano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 566, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment No. 7.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Garamendi amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Garamendi demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 566, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment No. 8.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
The Chair announced that it understood that amendment No. 9 offered by Mr. Garamendi, made in order by the provisions of H.Res. 566, would not be offered.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1837.
The previous question was ordered pursuant to the rule. (consideration: CR H1076)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H1055-1061)
Mr. Garamendi moved to recommit with instructions to Natural Resources. (consideration: CR H1077-1078; text: CR H1077)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Garamendi motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a section titled Protecting the Constitution and States' Rights.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1078)
On motion to recommit with instructions Failed by recorded vote: 178 - 248 (Roll no. 90).
Roll Call #90 (House)Passed/agreed to in House: On passage Passed by recorded vote: 246 - 175, 1 Present (Roll no. 91).
Roll Call #91 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 246 - 175, 1 Present (Roll no. 91).
Roll Call #91 (House)Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 332.