,,ib ,union ,calendar ,no4 #adf #aadth ,,congress #ast ,session ,h4 ,r4 #bhih ,report ,no4 #aad-aig1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjae ,mr4 ,valadao 7for himself1 ,mr4 ,mc,carthy1 ,mr4 ,calvert1 ,mr4 ,nunes1 ,mr4 ,la,malfa1 ,mr4 ,denham1 ,mr4 ,mc,clintock1 ,mr4 ,joyce1 ,mr4 ,diaz-,balart1 ,mr4 ,stewart1 ,mr4 ,simpson1 ,mr4 ,knight1 ,mr4 ,cook1 ,mr4 ,rodney ,davis of ,illinois1 ,mrs4 ,mimi ,walters of ,california1 ,mr4 ,rohrabacher1 ,mr4 ,hunter1 ,mr4 ,royce1 ,mr4 ,issa1 ,mr4 ,zinke1 ,mr4 ,costa1 ,mr4 ,amodei1 ,mr4 ,hardy1 ,mr4 ,tipton1 ,mr4 ,newhouse1 and ,mrs4 ,lummis7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,july #ac1 #bjae ,additional sponsor3 ,mr4 ,gosar ,july #ac1 #bjae ,reported from the ,committee on ,natural ,resources with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,july #ac1 #bjae ,the ,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,for text of introduced bill1 see copy of bill as introduced on ,june #be1 #bjae ,a ,,bill ,to provide drought relief in the ,state of ,california1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,western ,water and ,american ,food ,security ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,title ,i--,,adjusting ,,delta ,,smelt ,,management ,,based ,,on ,,increased ,,real-,,time ,,monitoring ,,and ,,updated ,,science ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,revise incidental take level calculation for delta smelt to reflect new science4 ,sec4 #ajc4 ,factoring increased real-time monitoring and updated science into ,delta smelt management4 ,title ,,ii--,,ensuring ,,salmonid ,,management ,,is ,,responsive ,,to ,,new ,,science ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,process for ensuring salmonid management is responsive to new science4 ,sec4 #bjc4 ,non-,federal program to protect native anadromous fish in the ,stanislaus ,river4 ,sec4 #bjd4 ,pilot projects to implement calfed invasive species program4 ,title ,,iii--,,operational ,,flexibility ,,and ,,drought ,,relief ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,operational flexibility in times of drought4 ,sec4 #cjc4 ,operation of cross-channel gates4 ,sec4 #cjd4 ,flexibility for export_/inflow ratio4 ,sec4 #cje4 ,emergency environmental reviews4 ,sec4 #cjf4 ,increased flexibility for regular project operations4 ,sec4 #cjg4 ,temporary operational flexibility for first few storms of the water year4 ,sec4 #cjh4 ,expediting water transfers4 ,sec4 #cji4 ,additional emergency consultation4 ,sec4 #caj4 ,additional storage at ,new ,melones4 ,sec4 #caa4 ,regarding the operation of ,folsom ,reservoir4 ,sec4 #cab4 ,applicants4 ,sec4 #cac4 ,san ,joaquin ,river settlement4 ,sec4 #cad4 ,program for water rescheduling4 ,title ,,iv--,,calfed ,,storage ,,feasibility ,,studies ,sec4 #dja4 ,studies4 ,sec4 #djb4 ,temperance ,flat4 ,sec4 #djc4 ,,calfed storage accountability4 ,sec4 #djd4 ,water storage project construction4 ,title ,v--,,water ,,rights ,,protections ,sec4 #eja4 ,offset for ,state ,water ,project4 ,sec4 #ejb4 ,area of origin protections4 ,sec4 #ejc4 ,no redirected adverse impacts4 ,sec4 #ejd4 ,allocations for ,sacramento ,valley contractors4 ,sec4 #eje4 ,effect on existing obligations4 ,title ,,vi--,,miscellaneous ,sec4 #fja4 ,authorized service area4 ,sec4 #fjb4 ,oversight board for ,restoration ,fund4 ,sec4 #fjc4 ,water supply accounting4 ,sec4 #fjd4 ,implementation of water replacement plan4 ,sec4 #fje4 ,natural and artificially spawned species4 ,sec4 #fjf4 ,transfer the ,new ,melones ,unit1 ,central ,valley ,project to interested providers4 ,sec4 #fjg4 ,basin studies4 ,sec4 #fjh4 ,operations of the ,trinity ,river ,division4 ,sec4 #fji4 ,amendment to purposes4 ,sec4 #faj4 ,amendment to definition4 ,title ,,vii--,water ,supply ,permitting ,act ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,definitions4 ,sec4 #gjc4 ,establishment of lead agency and cooperating agencies4 ,sec4 #gjd4 ,bureau responsibilities4 ,sec4 #gje4 ,cooperating agency responsibilities4 ,sec4 #gjf4 ,funding to process permits4 ,title ,,viii--,bureau of ,reclamation ,project ,streamlining ,sec4 #hja4 ,short title4 ,sec4 #hjb4 ,definitions4 ,sec4 #hjc4 ,acceleration of studies4 ,sec4 #hjd4 ,expedited completion of reports4 ,sec4 #hje4 ,project acceleration4 ,sec4 #hjf4 ,annual report to ,congress4 ,title ,,ix--,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,sec4 #ija4 ,short title4 ,sec4 #ijb4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies4 ,title ,x--,safety of ,dams ,sec4 #ajja4 ,authorization of additional project benefits4 ,title ,,xi--,water ,rights ,protection ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,definition of water right4 ,sec4 #aajc4 ,treatment of water rights4 ,sec4 #aajd4 ,recognition of ,state authority4 ,sec4 #aaje4 ,effect of title4 #b4 ,findings ,congress finds as follows3 7#a7 ,as established in the ,proclamation of a ,state of ,emergency issued by the ,governor of the ,state on ,january #ag1 #bjad1 the ,state is experiencing record dry conditions4 7#b7 ,extremely dry conditions have persisted in the ,state since #bjab1 and the drought conditions are likely to persist into the future4 7#c7 ,the water supplies of the ,state are at record-low levels1 as indicated by the fact that all major ,central ,valley ,project reservoir levels were at #bj-ce percent of capacity as of ,september #be1 #bjad4 7#d7 ,the lack of precipitation has been a significant contributing factor to the #f1jia fires experienced in the ,state as of ,september #ae1 #bjad1 and which covered nearly #djj1jjj acres4 7#e7 ,according to a study released by the ,university of ,california1 ,davis in ,july #bjad1 the drought has led to the fallowing of #dbh1jjj acres of farmland1 loss of #haj million in crop revenue1 loss of #bjc million in dairy and other livestock value1 and increased groundwater pumping costs by #ded million4 ,the statewide economic costs are estimated to be #b4b billion1 with over #ag1jjj seasonal and part-time agricultural jobs lost4 7#f7 ,,cvpia ,level ,,ii water deliveries to refuges have also been reduced by #be percent in the north of ,delta region1 and by #ce percent in the south of ,delta region4 7#g7 ,only one-sixth of the usual acres of rice fields are being flooded this fall1 which leads to a significant decline in habitat for migratory birds and an increased risk of disease at the remaining wetlands due to overcrowding of such birds4 7#h7 ,the drought of #bjac through #bjad constitutes a serious emergency that poses immediate and severe risks to human life and safety and to the environment throughout the ,state4 7#i7 ,the serious emergency described in paragraph 7#d7 requires-- 7,a7 immediate and credible action that respects the complexity of the water system of the ,state and the importance of the water system to the entire ,state2 and 7,b7 policies that do not pit stakeholders against one another1 which history shows only leads to costly litigation that benefits no one and prevents any real solutions4 7#aj7 ,data on the difference between water demand and reliable water supplies for various regions of ,california south of the ,delta1 including the ,san ,joaquin ,valley1 indicate there is a significant annual gap between reliable water supplies to meet agricultural1 municipal and industrial1 groundwater1 and refuges water needs within the ,delta ,division1 ,san ,luis ,unit and ,friant ,division of the ,central ,valley ,project and the ,state ,water ,project south of the ,sacramento-,san ,joaquin ,river ,delta and the demands of those areas4 ,this gap varies depending on the methodology of the analysis performed1 but can be represented in the following ways3 7,a7 ,for ,central ,valley ,project ,south-of-,delta water service contractors1 if it is assumed that a water supply deficit is the difference in the amount of water available for allocation versus the maximum contract quantity1 then the water supply deficits that have developed from #aiib to #bjad as a result of legislative and regulatory changes besides natural variations in hydrology during this timeframe range between #gbj1jjj and #a1ajj1jjj acre-feet4 7,b7 ,for ,central ,valley ,project and ,state ,water ,project water service contractors south of the ,delta and north of the ,tehachapi mountain range1 if it is assumed that a water supply deficit is the difference between reliable water supplies1 including maximum water contract deliveries1 safe yield of groundwater1 safe yield of local and surface supplies and long-term contracted water transfers1 and water demands1 including water demands from agriculture1 municipal and industrial and refuge contractors1 then the water supply deficit ranges between approximately #b1ejj1jjj to #b1gjj1jjj acre-feet4 7#aa7 ,data of pumping activities at the ,central ,valley ,project and ,state ,water ,project delta pumps identifies that1 on average from ,water ,year #bjji to ,water ,year #bjad1 take of ,delta smelt is #hj percent less than allowable take levels under the biological opinion issued ,december #ae1 #bjjh4 7#ab7 ,data of field sampling activities of the ,interagency ,ecological ,program located in the ,sacramento-,san ,joaquin ,estuary identifies that1 on average from #bjje to #bjac1 the program takes #c1ejj delta smelt during annual surveys with an authorized take level of #cc1dhj delta smelt annually--according to the biological opinion issued ,december #i1 #aiig4 7#ac7 ,in #bjae1 better information exists than was known in #bjjh concerning conditions and operations that may or may not lead to high salvage events that jeopardize the fish populations1 and what alternative management actions can be taken to avoid jeopardy4 7#ad7 ,alternative management strategies1 removing non-native species1 enhancing habitat1 monitoring fish movement and location in real-time1 and improving water quality in the ,delta can contribute significantly to protecting and recovering these endangered fish species1 and at potentially lower costs to water supplies4 7#ae7 ,resolution of fundamental policy questions concerning the extent to which application of the ,endangered ,species ,act of #aigc affects the operation of the ,central ,valley ,project and ,state ,water ,project is the responsibility of ,congress4 #c4 ,definitions ,in this ,act3 7#a7 ,delta ,the term ,delta means the ,sacramento-,san ,joaquin ,delta and the ,suisun ,marsh1 as defined in sections #abbbj and #biaja of the ,california ,public ,resources ,code4 7#b7 ,export pumping rates ,the term export pumping rates means the rates of pumping at the ,c4,w4 ,bill ,jones ,pumping ,plant and the ,harvey ,o4 ,banks ,pumping ,plant1 in the southern ,delta4 7#c7 ,listed fish species ,the term listed fish species means listed salmonid species and the ,delta smelt4 7#d7 ,listed salmonid species ,the term listed salmonid species means natural origin steelhead1 natural origin genetic spring run ,chinook1 and genetic winter run ,chinook salmon including hatchery steelhead or salmon populations within the evolutionary significant unit 7,,esu7 or distinct population segment 7,,dps74 7#e7 ,negative impact on the long-term survival ,the term negative impact on the long-term survival means to reduce appreciably the likelihood of the survival of a listed species in the wild by reducing the reproduction1 numbers1 or distribution of that species4 7#f7 ,,omr ,the term ,,omr means the ,old and ,middle ,river in the ,delta4 7#g7 ,,omr flow of #e1jjj cubic feet per second ,the term ,,omr flow of #e1jjj cubic feet per second means ,old and ,middle ,river flow of negative #e1jjj cubic feet per second as described in-- 7,a7 the smelt biological opinion2 and 7,b7 the salmonid biological opinion4 7#h7 ,salmonid biological opinion ,the term salmonid biological opinion means the biological opinion issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji4 7#i7 ,smelt biological opinion ,the term smelt biological opinion means the biological opinion on the ,long-,term ,operational ,criteria and ,plan for coordination of the ,central ,valley ,project and ,state ,water ,project issued by the ,united ,states ,fish and ,wildlife ,service on ,december #ae1 #bjjh4 7#aj7 ,state ,the term ,state means the ,state of ,california4 ,i ,,adjusting ,,delta ,,smelt ,,management ,,based ,,on ,,increased ,,real-,,time ,,monitoring ,,and ,,updated ,,science #aja4 ,definitions ,in this title3 7#a7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,delta smelt ,the term ,delta smelt means the fish species with the scientific name ,hypomesus transpacificus4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 #ajb4 ,revise incidental take level calculation for delta smelt to reflect new science 7a7 ,review and modification ,not later than ,october #a1 #bjaf1 and at least every five years thereafter1 the ,director1 in cooperation with other ,federal1 ,state1 and local agencies1 shall use the best scientific and commercial data available to complete a review and1 modify the method used to calculate the incidental take levels for adult and larval_/juvenile ,delta smelt in the smelt biological opinion that takes into account all life stages1 among other considerations-- 7#a7 salvage information collected since at least #aiic2 7#b7 updated or more recently developed statistical models2 7#c7 updated scientific and commercial data2 and 7#d7 the most recent information regarding the environmental factors affecting ,delta smelt salvage4 7b7 ,modified incidental take level ,unless the ,director determines in writing that one or more of the requirements described in paragraphs 7#a7 through 7#d7 are not appropriate1 the modified incidental take level described in subsection 7a7 shall-- 7#a7 be normalized for the abundance of prespawning adult ,delta smelt using the ,fall ,midwater ,trawl ,index or other index2 7#b7 be based on a simulation of the salvage that would have occurred from #aiic through #bjab if ,,omr flow has been consistent with the smelt biological opinions2 7#c7 base the simulation on a correlation between annual salvage rates and historic water clarity and ,,omr flow during the adult salvage period2 and 7#d7 set the incidental take level as the #hj percent upper prediction interval derived from simulated salvage rates since at least #aiic4 #ajc4 ,factoring increased real-time monitoring and updated science into ,delta smelt management 7a7 ,in general ,the ,director shall use the best scientific and commercial data available to implement1 continuously evaluate1 and refine or amend1 as appropriate1 the reasonable and prudent alternative described in the smelt biological opinion1 and any successor opinions or court order4 ,the ,secretary shall make all significant decisions under the smelt biological opinion1 or any successor opinions that affect ,central ,valley ,project and ,state ,water ,project operations1 in writing1 and shall document the significant facts upon which such decisions are made1 consistent with section #gjf of title #e1 ,united ,states ,code4 7b7 ,increased ,monitoring ,to ,inform ,real-,time ,operations ,the ,secretary shall conduct additional surveys1 on an annual basis at the appropriate time of the year based on environmental conditions1 in collaboration with other ,delta science interests4 7#a7 ,in implementing this section1 the ,secretary shall-- 7,a7 use the most accurate survey methods available for the detection of ,delta smelt to determine the extent that adult ,delta smelt are distributed in relation to certain levels of turbidity1 or other environmental factors that may influence salvage rate2 and 7,b7 use results from appropriate survey methods for the detection of ,delta smelt to determine how the ,central ,valley ,project and ,state ,water ,project may be operated more efficiently to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt4 7#b7 ,during the period beginning on ,december #a1 #bjae1 and ending ,march #ca1 #bjaf1 and in each successive ,december through ,march period1 if suspended sediment loads enter the ,delta from the ,sacramento ,river and the suspended sediment loads appear likely to raise turbidity levels in the ,old ,river north of the export pumps from values below #ab ,nephelometric ,turbidity ,units 7,,ntu7 to values above #ab ,,ntu1 the ,secretary shall-- 7,a7 conduct daily monitoring using appropriate survey methods at locations including1 but not limited to1 the vicinity of ,station #ijb to determine the extent that adult ,delta smelt are moving with turbidity toward the export pumps2 and 7,b7 use results from the monitoring surveys referenced in paragraph 7,a7 to determine how increased trawling can inform daily real-time ,central ,valley ,project and ,state ,water ,project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt4 7c7 ,periodic review of monitoring ,within #ab months of the date of enactment of this title1 and at least once every #e years thereafter1 the ,secretary shall-- 7#a7 evaluate whether the monitoring program under subsection 7b71 combined with other monitoring programs for the ,delta1 is providing sufficient data to inform ,central ,valley ,project and ,state ,water ,project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt2 and 7#b7 determine whether the monitoring efforts should be changed in the short or long term to provide more useful data4 7d7 ,delta smelt distribution study 7#a7 ,in general ,no later than ,january #a1 #bjaf1 and at least every five years thereafter1 the ,secretary1 in collaboration with the ,california ,department of ,fish and ,wildlife1 the ,california ,department of ,water ,resources1 public water agencies1 and other interested entities1 shall implement new targeted sampling and monitoring specifically designed to understand ,delta smelt abundance1 distribution1 and the types of habitat occupied by ,delta smelt during all life stages4 7#b7 ,sampling ,the ,delta smelt distribution study shall1 at a minimum-- 7,a7 include recording water quality and tidal data2 7,b7 be designed to understand ,delta smelt abundance1 distribution1 habitat use1 and movement throughout the ,delta1 ,suisun ,marsh1 and other areas occupied by the ,delta smelt during all seasons2 7,c7 consider areas not routinely sampled by existing monitoring programs1 including wetland channels1 near-shore water1 depths below #ce feet1 and shallow water2 and 7,d7 use survey methods1 including sampling gear1 best suited to collect the most accurate data for the type of sampling or monitoring4 7e7 ,scientifically supported implementation of ,,omr flow requirements ,in implementing the provisions of the smelt biological opinion1 or any successor biological opinion or court order1 pertaining to management of reverse flow in the ,old and ,middle ,rivers1 the ,secretary shall-- 7#a7 consider the relevant provisions of the biological opinion or any successor biological opinion2 7#b7 to maximize ,central ,valley project and ,state ,water ,project water supplies1 manage export pumping rates to achieve a reverse ,,omr flow rate of #e1jjj cubic feet per second unless information developed by the ,secretary under paragraphs 7#c7 and 7#d7 leads the ,secretary to reasonably conclude that a less negative ,,omr flow rate is necessary to avoid a negative impact on the long-term survival of the ,delta smelt4 ,if information available to the ,secretary indicates that a reverse ,,omr flow rate more negative than #e1jjj cubic feet per second can be established without an imminent negative impact on the long-term survival of the ,delta smelt1 the ,secretary shall manage export pumping rates to achieve that more negative ,,omr flow rate2 7#c7 document in writing any significant facts about real-time conditions relevant to the determinations of ,,omr reverse flow rates1 including-- 7,a7 whether targeted real-time fish monitoring in the ,old ,river pursuant to this section1 including monitoring in the vicinity of ,station #ijb1 indicates that a significant negative impact on the long-term survival of the ,delta smelt is imminent2 and 7,b7 whether near-term forecasts with available salvage models show under prevailing conditions that ,,omr flow of #e1jjj cubic feet per second or higher will cause a significant negative impact on the long-term survival of the ,delta smelt2 7#d7 show in writing that any determination to manage ,,omr reverse flow at rates less negative than #e1jjj cubic feet per second is necessary to avoid a significant negative impact on the long-term survival of the ,delta smelt1 including an explanation of the data examined and the connection between those data and the choice made1 after considering-- 7,a7 the distribution of ,delta smelt throughout the ,delta2 7,b7 the potential effects of documented1 quantified entrainment on subsequent ,delta smelt abundance2 7,c7 the water temperature2 7,d7 other significant factors relevant to the determination2 and 7,e7 whether any alternative measures could have a substantially lesser water supply impact2 and 7#e7 for any subsequent biological opinion1 make the showing required in paragraph 7#d7 for any determination 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 #e1jjj cubic feet per second4 7f7 ,memorandum of ,understanding ,no later than ,december #a1 #bjae1 the ,commissioner and the ,director will execute a ,memorandum of ,understanding 7,,mou7 to ensure that the smelt biological opinion is implemented in a manner that maximizes water supply while complying with applicable laws and regulations4 ,if that ,,mou alters any procedures set out in the biological opinion1 there will be no need to reinitiate consultation if those changes will not have a significant negative impact on the long-term survival on listed species and the implementation of the ,,mou would not be a major change to implementation of the biological opinion4 ,any change to procedures that does not create a significant negative impact on the long-term survival to listed species will not alter application of the take permitted by the incidental take statement in the biological opinion under section #g7o77#b7 of the ,endangered ,species ,act of #aigc4 7g7 ,calculation of reverse flow in ,,omr ,within #ij days of the enactment of this title1 the ,secretary is directed1 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 biological opinion and the salmonid biological opinion1 and any succeeding biological opinions1 for the purpose of increasing ,central ,valley ,project and ,state ,water ,project water supplies4 ,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 biological opinion1 the salmonid biological opinion1 and any succeeding biological opinions4 ,,ii ,,ensuring ,,salmonid ,,management ,,is ,,responsive ,,to ,,new ,,science #bja4 ,definitions ,in this title3 7#a7 ,assistant administrator ,the term ,assistant ,administrator means the ,assistant ,administrator of the ,national ,oceanic and ,atmospheric ,administration for ,fisheries4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#c7 ,other affected interests ,the term other affected interests means the ,state of ,california1 ,indian tribes1 subdivisions of the ,state of ,california1 public water agencies and those who benefit directly and indirectly from the operations of the ,central ,valley ,project and the ,state ,water ,project4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 7#e7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 #bjb4 ,process for ensuring salmonid management is responsive to new science 7a7 ,general directive ,the reasonable and prudent alternative described in the salmonid biological opinion allows for and anticipates adjustments in ,central ,valley ,project and ,state ,water ,project operation parameters to reflect the best scientific and commercial data currently available1 and authorizes efforts to test and evaluate improvements in operations that will meet applicable regulatory requirements and maximize ,central ,valley ,project and ,state ,water ,project water supplies and reliability4 ,implementation of the reasonable and prudent alternative described in the salmonid biological opinion shall be adjusted accordingly as new scientific and commercial data are developed4 ,the ,commissioner and the ,assistant ,administrator shall fully utilize these authorities as described below4 7b7 ,annual reviews of certain ,central ,valley ,project and ,state ,water ,project operations ,no later than ,december #ca1 #bjaf1 and at least annually thereafter3 7#a7 ,the ,commissioner1 with the assistance of the ,assistant ,administrator1 shall examine and identify adjustments to the initiation of ,action ,,iv4#b4c as set forth in the ,biological ,opinion and ,conference ,opinion on the ,long-,term ,operations of the ,central ,valley ,project and ,state ,water ,project1 ,endangered ,species ,act ,section #g ,consultation1 issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 pertaining to negative ,,omr flows1 subject to paragraph 7#e74 7#b7 ,the ,commissioner1 with the assistance of the ,assistant ,administrator1 shall examine and identify adjustments in the timing1 triggers or other operational details relating to the implementation of pumping restrictions in ,action ,,iv4#b4a pertaining to the inflow to export ratio1 subject to paragraph 7#e74 7#c7 ,pursuant to the consultation and assessments carried out under paragraphs 7#a7 and 7#b7 of this subsection1 the ,commissioner and the ,assistant ,administrator shall jointly make recommendations to the ,secretary of the ,interior and to the ,secretary on adjustments to project operations that1 in the exercise of the adaptive management provisions of the salmonid biological opinion1 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 7c74 7#d7 ,the ,secretary and the ,secretary of the ,interior shall direct the ,commissioner and ,assistant ,administrator to implement recommended adjustments to ,central ,valley ,project and ,state ,water ,project operations for which the conditions under subsection 7c7 are met4 7#e7 ,the ,assistant ,administrator and the ,commissioner shall review and identify adjustments to ,central ,valley ,project and ,state ,water ,project operations with water supply restrictions in any successor biological opinion to the salmonid biological opinion1 applying the provisions of this section to those water supply restrictions where there are references to ,actions ,,iv4#b4a and ,,iv4#b4c4 7c7 ,implementation of operational adjustments ,after reviewing the recommendations under subsection 7b71 the ,secretary of the ,interior and the ,secretary shall direct the ,commissioner and the ,assistant ,administrator to implement those operational adjustments1 or any combination1 for which1 in aggregate-- 7#a7 the net effect on listed species is equivalent to those of the underlying project operational parameters in the salmonid biological opinion1 taking into account both-- 7,a7 efforts to minimize the adverse effects of the adjustment to project operations2 and 7,b7 whatever additional actions or measures may be implemented in conjunction with the adjustments to operations to offset the adverse effects to listed species1 consistent with 7d71 that are in excess of the adverse effects of the underlying operational parameters1 if any2 and 7#b7 the effects of the adjustment can be reasonably expected to fall within the incidental take authorizations4 7d7 ,evaluation of offsetting measures ,when examining and identifying opportunities to offset the potential adverse effect of adjustments to operations under subsection 7c77#a77;,b71 the ,commissioner and the ,assistant ,administrator shall take into account the potential species survival improvements that are likely to result from other measures which1 if implemented in conjunction with such adjustments1 would offset adverse effects1 if any1 of the adjustments4 ,when evaluating offsetting measures1 the ,commissioner and the ,assistant ,administrator shall consider the type1 timing and nature of the adverse effects1 if any1 to specific species and ensure that the measures likely provide equivalent overall benefits to the listed species in the aggregate1 as long as the change will not cause a significant negative impact on the long-term survival of a listed salmonid species4 7e7 ,framework for examining opportunities ,to minimize or offset the potential adverse effect of adjustments to operations ,not later than ,december #ca1 #bjae1 and every five years thereafter1 the ,assistant ,administrator shall1 in collaboration with the ,director of the ,california ,department of ,fish and ,wildlife1 based on the best scientific and commercial data available and for each listed salmonid species1 issue estimates of the increase in through-,delta survival the ,secretary expects to be achieved-- 7#a7 through restrictions on export pumping rates as specified by ,action ,,iv4#b4c as compared to limiting ,,omr flow to a fixed rate of #e1jjj cubic feet per second within the time period ,action ,,iv4#b4c is applicable1 based on a given rate of ,san ,joaquin ,river inflow to the ,delta and holding other relevant factors constant2 7#b7 through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a as compared to the restrictions in the ,april_/,may period imposed by the ,state ,water ,resources ,control ,board decision ,d-#afda1 based on a given rate of ,san ,joaquin ,river inflow to the ,delta and holding other relevant factors constant2 7#c7 through physical habitat restoration improvements2 7#d7 through predation control programs2 7#e7 through the installation of temporary barriers1 the management of ,cross ,channel ,gates operations1 and other projects affecting flow in the ,delta2 7#f7 through salvaging fish that have been entrained near the entrance to ,clifton ,court ,forebay2 7#g7 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 species2 and 7#h7 through development and implementation of conservation hatchery programs for salmon and steelhead to aid in the recovery of listed salmon and steelhead species4 7f7 ,survival estimates 7#a7 ,to the maximum extent practicable1 the ,assistant ,administrator shall make quantitative estimates of survival such as a range of percentage increases in through-,delta survival that could result from the management measures1 and if the scientific information is lacking for quantitative estimates1 shall do so on qualitative terms based upon the best available science4 7#b7 ,if the ,assistant ,administrator provides qualitative survival estimates for a species resulting from one or more management measures1 the ,secretary shall1 to the maximum extent feasible1 rank the management measures described in subsection 7e7 in terms of their most likely expected contribution to increased through-,delta survival relative to the other measures4 7#c7 ,if at the time the ,assistant ,administrator conducts the reviews under subsection 7b71 the ,secretary has not issued an estimate of increased through-,delta survival from different management measures pursuant to subsection 7e71 the ,secretary shall compare the protections to the species from different management measures based on the best scientific and commercial data available at the time4 7g7 ,comparison of adverse consequences for alternative management measures of equivalent protection for a species 7#a7 ,for the purposes of this subsection and subsection 7c7-- 7,a7 the alternative management measure or combination of alternative management measures identified in paragraph 7#b7 shall be known as the equivalent alternative measure2 7,b7 the existing measure or measures identified in subparagraphs 7#b7 7,a71 7,b71 7,c71 or 7,d7 shall be known as the equivalent existing measure2 and 7,c7 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 aggregate1 and not the same change for each individual species1 as long as the change in survival rates will not cause a significant negative impact on the long-term survival of a listed salmonid species4 7#b7 ,as part of the reviews of project operations pursuant to subsection 7b71 the ,assistant ,administrator shall determine whether any alternative management measures or combination of alternative management measures listed in subsection 7e7 7#c7 through 7#h7 would provide an increase in through-,delta survival rates for listed salmonid species that is equivalent to the increase in through-,delta survival rates for listed salmonid species from the following3 7,a7 ,through restrictions on export pumping rates as specified by ,action ,,iv4#b4c1 as compared to limiting ,,omr flow to a fixed rate of #e1jjj cubic feet per second within the time period ,action ,,iv4#b4c is applicable4 7,b7 ,through restrictions on export pumping rates as specified by ,action ,,iv4#b4c1 as compared to a modification of ,action ,,iv4#b4c that would provide additional water supplies1 other than that described in subparagraph 7,a74 7,c7 ,through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a1 as compared to the restrictions in the ,april_/,may period imposed by the ,state ,water ,resources ,control ,board decision ,d-#afda4 7,d7 ,through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a1 as compared to a modification of ,action ,,iv4#b4a that would reduce water supply impacts of the salmonid biological opinion on the ,central ,valley ,project and the ,california ,state ,water ,project1 other than that described in subparagraph 7,c74 7#c7 ,if the ,assistant ,administrator identifies an equivalent alternative measure pursuant to paragraph 7#b71 the ,assistant ,administrator shall determine whether-- 7,a7 it is technically feasible and within ,federal jurisdiction to implement the equivalent alternative measure2 7,b7 the ,state of ,california1 or subdivision thereof1 or local agency with jurisdiction has certified in writing within #aj calendar days to the ,assistant ,administrator that it has the authority and capability to implement the pertinent equivalent alternative measure2 or 7,c7 the adverse consequences of doing so are less than the adverse consequences of the equivalent existing measure1 including a concise evaluation of the adverse consequences to other affected interests4 7#d7 ,if the ,assistant ,administrator makes the determinations in subparagraph 7#c77;,a7 or 7#c77;,b71 the ,commissioner shall adjust project operations to implement the equivalent alternative measure in place of the equivalent existing measure in order to increase export rates of pumping to the greatest extent possible while maintaining a net combined effect of equivalent through-,delta survival rates for the listed salmonid species4 7h7 ,tracking ,adverse ,effects ,beyond the ,range of ,effects ,accounted for in the ,salmonid ,biological ,opinion and ,coordinated ,operation with the ,delta ,smelt ,biological ,opinion 7#a7 ,among the adjustments to the project operations considered through the adaptive management process under this section1 the ,assistant ,administrator and the ,commissioner shall-- 7,a7 evaluate the effects on listed salmonid species and water supply of the potential adjustment to operational criteria described in subparagraph 7,b72 and 7,b7 consider requiring that before some or all of the provisions of ,actions ,,iv4#b4a4 or ,,iv4#b4c are imposed in any specific instance1 the ,assistant ,administrator show that the implementation of these provisions in that specific instance is necessary to avoid a significant negative impact on the long-term survival of a listed salmonid species4 7#b7 ,the ,assistant ,administrator1 the ,director1 and the ,commissioner1 in coordination with ,state officials as appropriate1 shall establish operational criteria to coordinate management of ,,omr flows under the smelt and salmonid biological opinions1 in order to take advantage of opportunities to provide additional water supplies from the coordinated implementation of the biological opinions4 7#c7 ,the ,assistant ,administrator and the ,commissioner shall document the effects of any adaptive management decisions related to the coordinated operation of the smelt and salmonid biological opinions that prioritizes the maintenance of one species at the expense of the other4 7i7 ,real-,time ,monitoring and ,management ,notwithstanding the calendar based triggers described in the salmonid biological opinion ,reasonable and ,prudent ,alternative 7,,rpa71 the ,assistant ,administrator and the ,commissioner shall not limit ,,omr reverse flow to #e1jjj cubic feet per second unless current monitoring data indicate that this ,,omr flow limitation is reasonably required to avoid a significant negative impact on the long-term survival of a listed salmonid species4 7j7 ,evaluation and implementation of management measures ,if the quantitative estimates of through-,delta survival established by the ,secretary for the adjustments in subsection 7b77#b7 exceed the through-,delta survival established for the ,r,p,as1 the ,secretary shall evaluate and implement the management measures in subsection 7b77#b7 as a prerequisite to implementing the ,r,p,as contained in the ,salmonid ,biological ,opinion4 7k7 ,accordance with other law ,consistent with section #gjf of title #e1 ,united ,states ,code1 decisions of the ,assistant ,administrator and the ,commissioner described in subsections 7b7 through 7j7 shall be made in writing1 on the basis of best scientific and commercial data currently available1 and shall include an explanation of the data examined at the connection between those data and the decisions made4 #bjc4 ,non-,federal program to protect native anadromous fish in the ,stanislaus ,river 7a7 ,establishment of nonnative predator fish removal program ,the ,secretary and the districts1 in consultation with the ,director1 shall jointly develop and conduct a nonnative predator fish removal program to remove nonnative striped bass1 smallmouth bass1 largemouth bass1 black bass1 and other nonnative predator fish species from the ,stanislaus ,river4 ,the program shall-- 7#a7 be scientifically based2 7#b7 include methods to quantify the number and size of predator fish removed each year1 the impact of such removal on the overall abundance of predator fish1 and the impact of such removal on the populations of juvenile anadromous fish found in the ,stanislaus ,river by1 among other things1 evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at ,caswell2 7#c7 among other methods1 use wire fyke trapping1 portable resistance board weirs1 and boat electrofishing2 and 7#d7 be implemented as quickly as possible following the issuance of all necessary scientific research4 7b7 ,management ,the management of the program shall be the joint responsibility of the ,secretary and the districts4 ,such parties shall work collaboratively to ensure the performance of the program1 and shall discuss and agree upon1 among other things1 changes in the structure1 management1 personnel1 techniques1 strategy1 data collection1 reporting1 and conduct of the program4 7c7 ,conduct 7#a7 ,in general ,by agreement between the ,secretary and the districts1 the program may be conducted by their own personnel1 qualified private contractors hired by the districts1 personnel of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service1 or a combination thereof4 7#b7 ,participation by the national marine fisheries service ,if the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph 7#a71 the ,secretary may assign an employee of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service1 to be present for all activities performed in the field4 ,such presence shall ensure compliance with the agreed-upon elements specified in subsection 7b74 ,the districts shall pay the cost of such participation in accordance with subsection 7d74 7#c7 ,timing of election ,the districts shall notify the ,secretary of their election on or before ,october #ae of each calendar year of the program4 ,such an election shall apply to the work performed in the subsequent calendar year4 7d7 ,funding 7#a7 ,in general ,the districts shall be responsible for #ajj percent of the cost of the program4 7#b7 ,contributed funds ,the ,secretary may accept and use contributions of funds from the districts to carry out activities under the program4 7#c7 ,estimation of cost ,on or before ,december #a of each year of the program1 the ,secretary shall submit to the districts an estimate of the cost to be incurred by the ,national ,marine ,fisheries ,service for the program in the following calendar year1 if any1 including the cost of any data collection and posting under subsection 7e74 ,if an amount equal to the estimate is not provided through contributions pursuant to paragraph 7#b7 before ,december #ca of that year-- 7,a7 the ,secretary shall have no obligation to conduct the program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts2 and 7,b7 the districts may not conduct any aspect of the program until such amount is contributed by the districts4 7#d7 ,accounting ,on or before ,september #a of each year1 the ,secretary shall provide to the districts an accounting of the costs incurred by the ,secretary for the program in the preceding calendar year4 ,if the amount contributed by the districts pursuant to paragraph 7#b7 for that year was greater than the costs incurred by the ,secretary1 the ,secretary shall-- 7,a7 apply the excess contributions to costs of activities to be performed by the ,secretary under the program1 if any1 in the next calendar year2 or 7,b7 if no such activities are to be performed1 repay the excess contribution to the districts4 7e7 ,posting and evaluation ,on or before the #aeth day of each month1 the ,secretary shall post on the ,internet website of the ,national ,marine ,fisheries ,service a tabular summary of the raw data collected under the program in the preceding month4 7f7 ,implementation ,the program is hereby found to be consistent with the requirements of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 ,no provision1 plan or definition established or required by the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege7 shall be used to prohibit the imposition of the program1 or to prevent the accomplishment of its goals4 7g7 ,treatment of striped bass ,for purposes of the application of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 with respect to the program1 striped bass shall not be treated as anadromous fish4 7h7 ,definition ,for the purposes of this section1 the term districts means the ,oakdale ,irrigation ,district and the ,south ,san ,joaquin ,irrigation ,district1 ,california4 #bjd4 ,pilot projects to implement calfed invasive species program 7a7 ,in general ,not later than ,january #a1 #bjag1 the ,secretary of the ,interior1 in collaboration with the ,secretary of ,commerce1 the ,director of the ,california ,department of ,fish and ,wildlife1 and other relevant agencies and interested parties1 shall begin pilot projects to implement the invasive species control program authorized pursuant to section #ajc7;d77#f77;,a77iv7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afij74 7b7 ,requirements ,the pilot projects shall-- 7#a7 seek to reduce invasive aquatic vegetation1 predators1 and other competitors which contribute to the decline of native listed pelagic and anadromous species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries and the ,sacramento-,san ,joaquin ,bay-,delta2 and 7#b7 remove1 reduce1 or control the effects of species1 including ,asiatic clams1 silversides1 gobies1 ,brazilian water weed1 largemouth bass1 smallmouth bass1 striped bass1 crappie1 bluegill1 white and channel catfish1 and brown bullheads4 7c7 ,sunset ,the authorities provided under this subsection shall expire seven years after the ,secretaries commence implementation of the pilot projects pursuant to subsection 7a74 7d7 ,emergency environmental reviews ,to expedite the environmentally beneficial programs for the conservation of threatened and endangered species1 the ,secretaries shall consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the projects pursuant to subsection 7a74 ,,iii ,,operational ,,flexibility ,,and ,,drought ,,relief #cja4 ,definitions ,in this title3 7#a7 ,central valley project ,the term ,central ,valley ,project has the meaning given the term in section #cdjc of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjg74 7#b7 ,reclamation project ,the term ,reclamation ,project means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the ,state4 7#c7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,secretary of ,commerce2 and 7,c7 the ,secretary of the ,interior4 7#d7 ,state water project ,the term ,state ,water ,project means the water project described by ,california ,water ,code section #aaeej et seq4 and operated by the ,california ,department of ,water ,resources4 7#e7 ,state ,the term ,state means the ,state of ,california4 #cjb4 ,operational flexibility in times of drought 7a7 ,water supplies ,for the period of time such that in any year that the ,sacramento ,valley ,index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,secretaries shall provide the maximum quantity of water supplies practicable to all individuals or district who receive ,central ,valley ,project water under water service or repayments contracts1 water rights settlement contracts1 exchange contracts1 or refuge contracts or agreements entered into prior to or after the date of enactment of this title2 ,state ,water ,project contractors1 and any other tribe1 locality1 water agency1 or municipality in the ,state1 by approving1 consistent with applicable laws 7including regulations71 projects and operations to provide additional water supplies as quickly as practicable based on available information to address the emergency conditions4 7b7 ,administration ,in carrying out subsection 7a71 the ,secretaries shall1 consistent with applicable laws 7including regulations7-- 7#a7 issue all necessary permit decisions under the authority of the ,secretaries not later than #cj days after the date on which the ,secretaries receive a completed application from the ,state to place and use temporary barriers or operable gates in ,delta channels to improve water quantity and quality for the ,state ,water ,project and the ,central ,valley ,project south of ,delta water contractors and other water users1 on the condition that the barriers or operable gates-- 7,a7 do not result in a significant negative impact on the long-term survival of listed species within the ,delta and provide benefits or have a neutral impact on in-,delta water user water quality2 and 7,b7 are designed so that formal consultations under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 are not necessary2 7#b7 require the ,director of the ,united ,states ,fish and ,wildlife ,service and the ,commissioner of ,reclamation-- 7,a7 to complete1 not later than #cj days after the date on which the ,director or the ,commissioner receives a complete written request for water transfer1 all requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 necessary to make final permit decisions on the request2 and 7,b7 to approve any water transfer request described in subparagraph 7,a7 to maximize the quantity of water supplies available for nonhabitat uses1 on the condition that actions associated with the water transfer comply with applicable ,federal laws 7including regulations72 7#c7 adopt a #a3a inflow to export ratio1 as measured as a #c-;day running average at ,vernalis during the period beginning on ,april #a1 and ending on ,may #ca1 absent a determination in writing that a more restrictive inflow to export ratio is required to avoid a significant negative impact on the long-term survival of a listed salmonid species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 provided that the #a3a inflow to export ratio shall apply for the increment of increased flow of the ,san ,joaquin ,river resulting from the voluntary sale1 transfers1 or exchanges of water from agencies with rights to divert water from the ,san ,joaquin ,river or its tributaries and provided that the movement of the acquired1 transferred1 or exchanged water through the ,delta consistent with the ,central ,valley ,project's and the ,state ,water ,project's permitted water rights and provided that movement of the ,central ,valley ,project water is consistent with the requirements of section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act2 and 7#d7 allow and facilitate1 consistent with existing priorities1 water transfers through the ,c4,w4 ,bill ,jones ,pumping ,plant or the ,harvey ,o4 ,banks ,pumping ,plant from ,april #a to ,november #cj provided water transfers comply with ,state law1 including the ,california ,environmental ,quality ,act4 7c7 ,accelerated project decision and elevation 7#a7 ,in general ,on request by the ,governor of the ,state1 the ,secretaries shall use the expedited procedures under this subsection to make final decisions relating to a ,federal project or operation1 or to local or ,state projects or operations that require decisions by the ,secretary of the ,interior or the ,secretary of ,commerce to provide additional water supplies if the project's or operation's purpose is to provide relief for emergency drought conditions pursuant to subsections 7a7 and 7b74 7#b7 ,request for resolution 7,a7 ,in general ,on request by the ,governor of the ,state1 the ,secretaries referenced in paragraph 7#a71 or the head of another ,federal agency responsible for carrying out a review of a project1 as applicable1 the ,secretary of the ,interior shall convene a final project decision meeting with the heads of all relevant ,federal agencies to decide whether to approve a project to provide relief for emergency drought conditions4 7,b7 ,meeting ,the ,secretary of the ,interior shall convene a meeting requested under subparagraph 7,a7 not later than #g days after the date on which the meeting request is received4 7#c7 ,notification ,on receipt of a request for a meeting under paragraph 7#b71 the ,secretary of the ,interior shall notify the heads of all relevant ,federal agencies of the request1 including information on the project to be reviewed and the date of the meeting4 7#d7 ,decision ,not later than #aj days after the date on which a meeting is requested under paragraph 7#b71 the head of the relevant ,federal agency shall issue a final decision on the project1 subject to subsection 7e77#b74 7#e7 ,meeting convened by secretary ,the ,secretary of the ,interior may convene a final project decision meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under paragraph 7#b74 7d7 ,application ,to the extent that a ,federal agency1 other than the agencies headed by the ,secretaries1 has a role in approving projects described in subsections 7a7 and 7b71 this section shall apply to those ,federal agencies4 7e7 ,limitation ,nothing in this section authorizes the ,secretaries to approve projects-- 7#a7 that would otherwise require congressional authorization2 or 7#b7 without following procedures required by applicable law4 7f7 ,drought ,plan ,for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,secretaries of ,commerce and the ,interior1 in consultation with appropriate ,state officials1 shall develop a drought operations plan that is consistent with the provisions of this ,act including the provisions that are intended to provide additional water supplies that could be of assistance during the current drought4 #cjc4 ,operation of cross-channel gates 7a7 ,in general ,the ,secretary of ,commerce and the ,secretary of the ,interior shall jointly-- 7#a7 authorize and implement activities to ensure that the ,delta ,cross ,channel ,gates remain open to the maximum extent practicable using findings from the ,united ,states ,geological ,survey on diurnal behavior of juvenile salmonids1 timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the ,state1 and for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 consistent with operational criteria and monitoring criteria set forth into the ,order ,approving a ,temporary ,urgency ,change in ,license and ,permit ,terms in ,response to ,drought ,conditions of the ,california ,state ,water ,resources ,control ,board1 effective ,january #ca1 #bjad 7or a successor order7 and other authorizations associated with it2 7#b7 with respect to the operation of the ,delta ,cross ,channel ,gates described in paragraph 7#a71 collect data on the impact of that operation on-- 7,a7 species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 water quality2 and 7,c7 water supply2 7#c7 collaborate with the ,california ,department of ,water ,resources to install a deflection barrier at ,georgiana ,slough in coordination with ,delta ,cross ,channel ,gate diurnal operations to protect migrating salmonids1 consistent with knowledge gained from activities carried out during #bjad and #bjae2 7#d7 evaluate the combined salmonid survival in light of activities carried out pursuant to paragraphs 7#a7 through 7#c7 in deciding how to operate the ,delta ,cross ,channel gates to enhance salmonid survival and water supply benefits2 and 7#e7 not later than ,may #ae1 #bjaf1 submit to the appropriate committees of the ,house of ,representatives and the ,senate a notice and explanation on the extent to which the gates are able to remain open4 7b7 ,recommendations ,after assessing the information collected under subsection 7a71 the ,secretary of the ,interior shall recommend revisions to the operation of the ,delta ,cross-,channel ,gates1 to the ,central ,valley ,project1 and to the ,state ,water ,project1 including1 if appropriate1 any reasonable and prudent alternative contained in the biological opinion issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 that are likely to produce water supply benefits without causing a significant negative impact on the long-term survival of the listed fish species within the ,delta or on water quality4 #cjd4 ,flexibility for export_/inflow ratio ,for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,commissioner of the ,bureau of ,reclamation shall continue to vary the averaging period of the ,delta ,export_/,inflow ratio pursuant to the ,california ,state ,water ,resources ,control ,board decision ,d#afda-- 7#a7 to operate to a #ce-percent ,export_/,inflow ratio with a #c-;day averaging period on the rising limb of a ,delta inflow hydrograph2 and 7#b7 to operate to a #ad-;day averaging period on the falling limb of the ,delta inflow hydrograph4 #cje4 ,emergency environmental reviews 7a7 ,,nepa compliance ,to minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the ,state during the duration of an emergency drought declaration1 the ,secretaries shall1 in carrying out this ,act1 consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7including successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 during the emergency4 7b7 ,determinations ,for the purposes of this section1 a ,secretary may deem a project to be in compliance with all necessary environmental regulations and reviews if the ,secretary determines that the immediate implementation of the project is necessary to address-- 7#a7 human health and safety2 or 7#b7 a specific and imminent loss of agriculture production upon which an identifiable region depends for #be percent or more of its tax revenue used to support public services including schools1 fire or police services1 city or county health facilities1 unemployment services or other associated social services4 #cjf4 ,increased flexibility for regular project operations ,the ,secretaries shall1 consistent with applicable laws 7including regulations7-- 7#a7 in coordination with the ,california ,department of ,water ,resources and the ,california ,department of ,fish and ,wildlife1 implement offsite upstream projects in the ,delta and upstream of the ,sacramento ,river and ,san ,joaquin basins that offset the effects on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 due to activities carried out pursuant this ,act1 as determined by the ,secretaries2 7#b7 manage reverse flow in the ,old and ,middle ,rivers at #f1ajj cubic feet per second if real-time monitoring indicates that flows of #f1ajj cubic feet per second or more negative can be established for specific periods without causing a significant negative impact on the long-term survival of the ,delta smelt1 or if real-time monitoring does not support flows of #f1ajj cubic feet per second than manage ,,omr flows at #e1jjj cubic feet per second subject to section #ajc7;e7 7#c7 and 7#d72 and 7#c7 use all available scientific tools to identify any changes to real-time operations of the ,bureau of ,reclamation1 ,state1 and local water projects that could result in the availability of additional water supplies4 #cjg4 ,temporary operational flexibility for first few storms of the water year 7a7 ,in general ,consistent with avoiding a significant negative impact on the long-term survival in the short term upon listed fish species beyond the range of those authorized under the ,endangered ,species ,act of #aigc and other environmental protections under subsection 7e71 the ,secretaries shall authorize the ,central ,valley ,project and the ,state ,water ,project1 combined1 to operate at levels that result in negative ,,omr flows at #g1ejj cubic feet per second 7based on ,united ,states ,geological ,survey gauges on ,old and ,middle ,rivers7 daily average for #ef cumulative days after ,october #a as described in subsection 7c74 7b7 ,days of temporary operational flexibility ,the temporary operational flexibility described in subsection 7a7 shall be authorized on days that the ,california ,department of ,water ,resources determines the daily average river flow of the ,sacramento ,river is at1 or above1 #ag1jjj cubic feet per second as measured at the ,sacramento ,river at ,freeport gauge maintained by the ,united ,states ,geologic ,survey4 7c7 ,compliance with ,endangered ,species ,act authorizations ,in carrying out this section1 the ,secretaries may continue to impose any requirements under the smelt and salmonid biological opinions during any period of temporary operational flexibility as they determine are reasonably necessary to avoid an additional significant negative impacts on the long-term survival of a listed fish species beyond the range of those authorized under the ,endangered ,species ,act of #aigc1 provided that the requirements imposed do not reduce water supplies available for the ,central ,valley ,project and the ,state ,water ,project4 7d7 ,other environmental protections 7#a7 ,state law ,the ,secretaries' actions under this section shall be consistent with applicable regulatory requirements under ,state law4 7#b7 ,first sediment flush ,during the first flush of sediment out of the ,delta in each water year1 and provided that such determination is based upon objective evidence1 ,,omr flow may be managed at rates less negative than #e1jjj cubic feet per second for a minimum duration to avoid movement of adult ,delta smelt 7,hypomesus transpacificus7 to areas in the southern ,delta that would be likely to increase entrainment at ,central ,valley ,project and ,state ,water ,project pumping plants4 7#c7 ,applicability of opinion ,this section shall not affect the application of the salmonid biological opinion from ,april #a to ,may #ca1 unless the ,secretary of ,commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects beyond those authorized under the ,endangered ,species ,act of #aigc4 ,in addition to any other actions to benefit water supply1 the ,secretary of the ,interior and the ,secretary of ,commerce shall consider allowing through-,delta water transfers to occur during this period if they can be accomplished consistent with section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act4 ,water transfers solely or exclusively through the ,state ,water ,project are not required to be consistent with section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act4 7#d7 ,monitoring ,during operations under this section1 the ,commissioner of ,reclamation1 in coordination with the ,fish and ,wildlife ,service1 ,national ,marine ,fisheries ,service1 and ,california ,department of ,fish and ,wildlife1 shall undertake a monitoring program and other data gathering to ensure incidental take levels are not exceeded1 and to identify potential negative impacts and actions1 if any1 necessary to mitigate impacts of the temporary operational flexibility to species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7e7 ,technical adjustments to target period ,if1 before temporary operational flexibility has been implemented on #ef cumulative days1 the ,secretaries operate the ,central ,valley ,project and the ,state ,water ,project combined at levels that result in ,,omr flows less negative than #g1ejj cubic feet per second during days of temporary operational flexibility as defined in subsection 7c71 the duration of such operation shall not be counted toward the #ef cumulative days specified in subsection 7a74 7f7 ,emergency consultation2 effect on running averages 7#a7 ,if necessary to implement the provisions of this section1 the ,commissioner is authorized to take any action necessary to implement this section for up to #ef cumulative days4 ,if during the #ef cumulative days the ,commissioner determines that actions necessary to implement this section will exceed #ef days1 the ,commissioner shall use the emergency consultation procedures under the ,endangered ,species ,act of #aigc and its implementing regulation at section #djb4je of title #ej1 ,code of ,federal ,regulations1 to temporarily adjust the operating criteria under the biological opinions-- 7,a7 solely for extending beyond the #ef cumulative days for additional days of temporary operational flexibility-- 7i7 no more than necessary to achieve the purposes of this section consistent with the environmental protections in subsections 7d7 and 7e72 and 7ii7 including1 as appropriate1 adjustments to ensure that the actual flow rates during the periods of temporary operational flexibility do not count toward the #e-;day and #ad-;day running averages of tidally filtered daily ,,omr flow requirements under the biological opinions1 or 7,b7 for other adjustments to operating criteria or to take other urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the ,commissioner4 7#b7 ,following the conclusion of the #ef cumulative days of temporary operational flexibility1 or the extended number of days covered by the emergency consultation procedures1 the ,commissioner shall not reinitiate consultation on these adjusted operations1 and no mitigation shall be required1 if the effects on listed fish species of these operations under this section remain within the range of those authorized under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 ,if the ,commissioner reinitiates consultation1 no mitigation measures shall be required4 7g7 ,level of detail required for analysis ,in articulating the determinations required under this section1 the ,secretaries shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short timeframe permitted for timely decisionmaking in response to changing conditions in the ,delta4 #cjh4 ,expediting water transfers 7a7 ,in general ,section #cdje7;a7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgji7;a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#d7 through 7#f71 respectively2 7#b7 in the matter preceding paragraph 7#d7 7as so designated7-- 7,a7 in the first sentence1 by striking ,in order to and inserting the following3 7#a7 ,in general ,in order to 2 and 7,b7 in the second sentence1 by striking ,except as provided herein and inserting the following3 7#c7 ,terms ,except as otherwise provided in this section 2 7#c7 by inserting before paragraph 7#c7 7as so designated7 the following3 7#b7 ,expedited transfer of water ,the ,secretary shall take all necessary actions to facilitate and expedite transfers of ,central ,valley ,project water in accordance with-- 7,a7 this ,act2 7,b7 any other applicable provision of the reclamation laws2 and 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7#d7 in paragraph 7#d7 7as so designated7-- 7,a7 in subparagraph 7,a71 by striking to combination and inserting or combination2 and 7,b7 by striking #cdje7;a77#b7 of this title each place it appears and inserting 7#e72 7#e7 in paragraph 7#e7 7as so designated71 by adding at the end the following3 7,e7 ,the contracting district from which the water is coming1 the agency1 or the ,secretary shall determine if a written transfer proposal is complete within #de days after the date of submission of the proposal4 ,if the contracting district or agency or the ,secretary determines that the proposal is incomplete1 the district or agency or the ,secretary shall state with specificity what must be added to or revised for the proposal to be complete4 2 and 7#f7 in paragraph 7#f7 7as so designated71 by striking #cdje7;a77#a77;,a7-7,c71 7,e71 7,g71 7,h71 7,i71 7,l71 and 7,m7 of this title and inserting 7,a7 through 7,c71 7,e71 7,g71 7,h71 7,i71 7,l71 and 7,m7 of paragraph 7#d74 7b7 ,conforming amendments ,the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege7 is amended-- 7#a7 in section #cdjg7;c77#a7 7#ajf ,stat4 #dgbf71 by striking #cdje7;a77#a77;,c7 and inserting #cdje7;a77#d77;,c72 and 7#b7 in section #cdjh7;i77#a7 7#ajf ,stat4 #dgbi71 by striking #cdje7;a77#a7 7,a7 and 7,j7 of this title and inserting subparagraphs 7,a7 and 7,j7 of section #cdje7;a77#d74 #cji4 ,additional emergency consultation ,for adjustments to operating criteria other than under section #cjh of this ,act or to take urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the ,commissioner of ,reclamation1 no mitigation measures shall be required during any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 and any mitigation measures imposed must be based on quantitative data and required only to the extent that such data demonstrates actual harm to species4 #caj4 ,additional storage at ,new ,melones ,the ,commissioner of ,reclamation is directed to work with local water and irrigation districts in the ,stanislaus ,river ,basin to ascertain the water storage made available by the ,draft ,plan of ,operations in ,new ,melones ,reservoir 7,,drpo7 for water conservation programs1 conjunctive use projects1 water transfers1 rescheduled project water and other projects to maximize water storage and ensure the beneficial use of the water resources in the ,stanislaus ,river ,basin4 ,all such programs and projects shall be implemented according to all applicable laws and regulations4 ,the source of water for any such storage program at ,new ,melones ,reservoir shall be made available under a valid water right1 consistent with the ,state of ,california water transfer guidelines and any other applicable ,state water law4 ,the ,commissioner shall inform the ,congress within #ah months setting forth the amount of storage made available by the ,,drpo that has been put to use under this program1 including proposals received by the ,commissioner from interested parties for the purpose of this section4 #caa4 ,regarding the operation of ,folsom ,reservoir ,the ,secretary of the ,interior1 in collaboration with the ,sacramento ,water ,forum1 shall expedite evaluation1 completion and implementation of the ,modified ,lower ,american ,river ,flow ,management ,standard developed by the ,water ,forum in #bjae to improve water supply reliability for ,central ,valley ,project ,american ,river water contractors and resource protection in the lower ,american ,river during consecutive dry-years under current and future demand and climate change conditions4 #cab4 ,applicants ,in the event that the ,bureau of ,reclamation or another ,federal agency initiates or reinitiates consultation with the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b771 with respect to construction or operation of the ,central ,valley ,project and ,state ,water ,project1 or any part thereof1 the ,state ,water ,project contractors and the ,central ,valley ,project contractors will be accorded all the rights and responsibilities extended to applicants in the consultation process4 #cac4 ,san ,joaquin ,river settlement 7a7 ,california ,state law satisfied by warm water fishery 7#a7 ,in general ,sections #eicj through #eidh of the ,california ,fish and ,game ,code1 and all applicable ,federal laws1 including the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh-,,lkk_/,,ggh71 shall be satisfied by the existence of a warm water fishery in the ,san ,joaquin ,river below ,friant ,dam1 but upstream of ,gravelly ,ford4 7#b7 ,definition of warm water fishery ,for the purposes of this section1 the term warm water fishery means a water system that has an environment suitable for species of fish other than salmon 7including all subspecies7 and trout 7including all subspecies74 7b7 ,repeal of the ,san ,joaquin ,river settlement ,as of the date of enactment of this section1 the ,secretary of the ,interior shall cease any action to implement the ,san ,joaquin ,river ,restoration ,settlement ,act 7subtitle ,a of title ,x of ,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh ,,lkk_/,,ggh74 #cad4 ,program for water rescheduling ,by ,december #ca1 #bjae1 the ,secretary of the ,interior shall develop and implement a program1 including rescheduling guidelines for ,shasta and ,folsom ,reservoirs1 to allow existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed1 and refuge service and municipal and industrial water service contractors within the ,sacramento ,river ,watershed and the ,american ,river ,watershed to reschedule water1 provided for under their ,central ,valley ,project contracts1 from one year to the next2 provided1 that the program is consistent with existing rescheduling guidelines as utilized by the ,bureau of ,reclamation for rescheduling water for ,central ,valley ,project water service contractors that are located ,south of the ,delta4 ,,iv ,,calfed ,,storage ,,feasibility ,,studies #dja4 ,studies ,the ,secretary of the ,interior1 through the ,commissioner of ,reclamation1 shall-- 7#a7 complete the feasibility studies described in clauses 7i77,i7 and 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such studies to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjae2 7#b7 complete the feasibility studies described in clauses 7i77,,ii7 and 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such studies to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#c7 complete the feasibility study described in section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 and submit such study to the appropriate ,committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjag2 7#d7 provide a progress report on the status of the feasibility studies referred to in paragraphs 7#a7 through 7#c7 to the appropriate committees of the ,house of ,representatives and the ,senate not later than #ij days after the date of the enactment of this ,act and each #ahj days thereafter until ,december #ca1 #bjag1 as applicable4 ,the report shall include timelines for study completion1 draft environmental impact statements1 final environmental impact statements1 and ,records of ,decision2 7#e7 in conducting any feasibility study under this ,act1 the reclamation laws1 the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable law1 for the purposes of determining feasibility the ,secretary shall document1 delineate1 and publish costs directly relating to the engineering and construction of a water storage project separately from the costs resulting from regulatory compliance or the construction of auxiliary facilities necessary to achieve regulatory compliance2 and 7#f7 communicate1 coordinate and cooperate with public water agencies that contract with the ,united ,states for ,central ,valley ,project water and that are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section4 #djb4 ,temperance ,flat 7a7 ,definitions ,for the purposes of this section3 7#a7 ,project ,the term ,project means the ,temperance ,flat ,reservoir ,project on the ,upper ,san ,joaquin ,river4 7#b7 ,,rmp ,the term ,,rmp means the document titled ,bakersfield ,field ,office1 ,record of ,decision and ,approved ,resource ,management ,plan1 dated ,december #bjad4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,applicability of ,,rmp ,the ,,rmp and findings related thereto shall have no effect on or applicability to the ,secretary's determination of feasibility of1 or on any findings or environmental review documents related to-- 7#a7 the ,project2 or 7#b7 actions taken by the ,secretary pursuant to section #ajc7;d77#a77;,a77ii77,,ii7 of the ,bay-,delta ,authorization ,act 7title ,i of ,public ,law #ajh-cfa74 7c7 ,duties of secretary upon determination of feasibility ,if the ,secretary finds the ,project to be feasible1 the ,secretary shall manage the land recommended in the ,,rmp for designation under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq47 in a manner that does not impede any environmental reviews1 preconstruction1 construction1 or other activities of the ,project1 regardless of whether or not the ,secretary submits any official recommendation to ,congress under the ,wild and ,scenic ,rivers ,act4 7d7 ,reserved water rights ,effective ,december #bb1 #bjad1 there shall be no ,federal reserved water rights to any segment of the ,san ,joaquin ,river related to the ,project as a result of any designation made under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq474 #djc4 ,,calfed storage accountability ,if the ,secretary of the ,interior fails to provide the feasibility studies described in section #dja to the appropriate committees of the ,house of ,representatives and the ,senate by the times prescribed1 the ,secretary shall notify each committee chair individually in person on the status of each project once a month until the feasibility study for that project is provided to ,congress4 #djd4 ,water storage project construction 7a7 ,partnership and agreements ,the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation1 may partner or enter into an agreement on the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply ,reliability and ,environmental ,improvement ,act 7,public ,law #ajh-cfa7 7and ,acts supplemental and amendatory to the ,act7 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 region1 to advance those projects4 7b7 ,authorization for project ,if the ,secretary determines a project described in section #djb7;a77#a7 and 7#b7 is feasible1 the ,secretary is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan1 and subject to the conditions described in the feasibility study1 provided that no ,federal funding shall be used to construct the project4 ,v ,,water ,,rights ,,protections #eja4 ,offset for ,state ,water ,project 7a7 ,implementation impacts ,the ,secretary of the ,interior shall confer with the ,california ,department of ,fish and ,wildlife in connection with the implementation of this ,act on potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to ,california ,fish and ,game ,code section #bjhj4a4 7b7 ,additional yield ,if1 as a result of the application of this ,act1 the ,california ,department of ,fish and ,wildlife-- 7#a7 revokes the consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a that are applicable to the ,state ,water ,project2 7#b7 amends or issues one or more new consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion2 or 7#c7 requires take authorization under ,california ,fish and ,game ,code section #bjha for operation of the ,state ,water ,project in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion1 and as a consequence of the ,department's action1 ,central ,valley ,project yield is greater than it would have been absent the ,department's actions1 then that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset losses resulting from the ,department's action4 7c7 ,notification related to environmental protections ,the ,secretary of the ,interior shall immediately notify the ,director of the ,california ,department of ,fish and ,wildlife in writing if the ,secretary of the ,interior determines that implementation of the smelt biological opinion and the salmonid biological opinion consistent with this ,act reduces environmental protections for any species covered by the opinions4 #ejb4 ,area of origin protections 7a7 ,in general ,the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to adhere to ,california's water rights laws governing water rights priorities and to honor water rights senior to those held by the ,united ,states for operation of the ,central ,valley ,project1 regardless of the source of priority1 including any appropriative water rights initiated prior to ,december #ai1 #aiad1 as well as water rights and other priorities perfected or to be perfected pursuant to ,california ,water ,code ,part #b of ,division #b4 ,article #a4g 7commencing with section #abae of chapter #a of part #b of division #b1 sections #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfa1 #aadfb1 and #aadfc1 and sections #abbjj to #abbbj1 inclusive74 7b7 ,diversions ,any action undertaken by the ,secretary of the ,interior and the ,secretary of ,commerce pursuant to both this ,act and section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that requires that diversions from the ,sacramento ,river or the ,san ,joaquin ,river watersheds upstream of the ,delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by ,california law4 7c7 ,endangered species act ,nothing in this title alters the existing authorities provided to and obligations placed upon the ,federal ,government under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as amended4 7d7 ,contracts ,with respect to individuals and entities with water rights on the ,sacramento ,river1 the mandates of this section may be met1 in whole or in part1 through a contract with the ,secretary of the ,interior executed pursuant to section #ad of ,public ,law #gf-bfj2 #ec ,stat4 #aahg 7#dc ,u4,s4,c4 #chi7 that is in conformance with the ,sacramento ,river ,settlement ,contracts renewed by the ,secretary of the ,interior in #bjje4 #ejc4 ,no redirected adverse impacts 7a7 ,in general ,the ,secretary of the ,interior shall ensure that1 except as otherwise provided for in a water service or repayment contract1 actions taken in compliance with legal obligations imposed pursuant to or as a result of this ,act1 including such actions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and other applicable ,federal and ,state laws1 shall not directly or indirectly-- 7#a7 result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the ,state ,water ,project or the ,united ,states under water rights settlement contracts1 exchange contracts1 water service contracts1 repayment contracts1 or water supply contracts2 or 7#b7 cause redirected adverse water supply or fiscal impacts to those within the ,sacramento ,river watershed1 the ,san ,joaquin ,river watershed or the ,state ,water ,project service area4 7b7 ,costs ,to the extent that costs are incurred solely pursuant to or as a result of this ,act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the ,state of ,california1 such costs shall not be borne by any such entity1 agency1 or subdivision of the ,state of ,california1 unless such costs are incurred on a voluntary basis4 7c7 ,rights and obligations not modified or amended ,nothing in this ,act shall modify or amend the rights and obligations of the parties to any existing-- 7#a7 water service1 repayment1 settlement1 purchase1 or exchange contract with the ,united ,states1 including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other ,central ,valley ,project water2 or 7#b7 ,state ,water ,project water supply or settlement contract with the ,state4 #ejd4 ,allocations for ,sacramento ,valley contractors 7a7 ,allocations 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7b71 the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to allocate water provided for irrigation purposes to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed in compliance with the following3 7,a7 ,not less than #ajj percent of their contract quantities in a ,wet year4 7,b7 ,not less than #ajj percent of their contract quantities in an ,above ,normal year4 7,c7 ,not less than #ajj percent of their contract quantities in a ,below ,normal year that is preceded by an ,above ,normal or a ,wet year4 7,d7 ,not less than #ej percent of their contract quantities in a ,dry year that is preceded by a ,below ,normal1 an ,above ,normal1 or a ,wet year4 7,e7 ,in all other years not identified herein1 the allocation percentage for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed shall not be less than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors1 up to #ajj percent2 provided1 that nothing herein shall preclude an allocation to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed that is greater than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors4 7#b7 ,conditions ,the ,secretary's actions under paragraph 7a7 shall be subject to-- 7,a7 the priority of individuals or entities with ,sacramento ,river water rights1 including those with ,sacramento ,river ,settlement ,contracts1 that have priority to the diversion and use of ,sacramento ,river water over water rights held by the ,united ,states for operations of the ,central ,valley ,project2 7,b7 the ,united ,states obligation to make a substitute supply of water available to the ,san ,joaquin ,river ,exchange ,contractors2 and 7,c7 the ,secretary's obligation to make water available to managed wetlands pursuant to section #cdjf7;d7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 7b7 ,protection of municipal and industrial supplies ,nothing in subsection 7a7 shall be deemed to-- 7#a7 modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the ,secretary2 7#b7 affect or limit the authority of the ,secretary to adopt or modify municipal and industrial water shortage policies2 7#c7 affect or limit the authority of the ,secretary to implement municipal and industrial water shortage policies2 or 7#d7 affect allocations to ,central ,valley ,project municipal and industrial contractors pursuant to such policies4 ,neither subsection 7a7 nor the ,secretary's implementation of subsection 7a7 shall constrain1 govern or affect1 directly1 the operations of the ,central ,valley ,project's ,american ,river ,division or any deliveries from that ,division1 its units or facilities4 7c7 ,no effect on allocations ,this section shall not-- 7#a7 affect the allocation of water to ,friant ,division contractors2 or 7#b7 result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the ,friant ,division4 7d7 ,program for water rescheduling ,the ,secretary of the ,interior shall develop and implement a program1 not later than #a year after the date of the enactment of this ,act1 to provide for the opportunity for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed to reschedule water1 provided for under their ,central ,valley ,project water service contracts1 from one year to the next4 7e7 ,definitions ,in this section3 7#a7 ,the term existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed means water service contractors within the ,shasta1 ,trinity1 and ,sacramento ,river ,divisions of the ,central ,valley ,project1 that have a water service contract in effect1 on the date of the enactment of this section1 that provides water for irrigation4 7#b7 ,the year type terms used in subsection 7a7 have the meaning given those year types in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 #eje4 ,effect on existing obligations ,nothing in this ,act preempts or modifies any existing obligation of the ,united ,states under ,federal reclamation law to operate the ,central ,valley ,project in conformity with ,state law1 including established water rights priorities4 ,,vi ,,miscellaneous #fja4 ,authorized service area 7a7 ,in general ,the authorized service area of the ,central ,valley ,project authorized under the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf7 shall include the area within the boundaries of the ,kettleman ,city ,community ,services ,district1 ,california1 as in existence on the date of enactment of this ,act4 7b7 ,long-,term contract 7#a7 ,in general ,notwithstanding the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf7 and subject to paragraph 7#b71 the ,secretary of the ,interior1 in accordance with the ,federal reclamation laws1 shall enter into a long-term contract with the ,kettleman ,city ,community ,services ,district1 ,california1 under terms and conditions mutually agreeable to the parties1 for the delivery of up to #ijj acre-feet of ,central ,valley ,project water for municipal and industrial use4 7#b7 ,limitation ,central ,valley ,project water deliveries authorized under the contract entered into under paragraph 7#a7 shall be limited to the minimal quantity necessary to meet the immediate needs of the ,kettleman ,city ,community ,services ,district1 ,california1 in the event that local supplies or ,state ,water ,project allocations are insufficient to meet those needs4 7c7 ,permit ,the ,secretary shall apply for a permit with the ,state for a joint place of use for water deliveries authorized under the contract entered into under subsection 7b7 with respect to the expanded service area under subsection 7a71 consistent with ,state law4 7d7 ,additional costs ,if any additional infrastructure1 water treatment1 or related costs are needed to implement this section1 those costs shall be the responsibility of the non-,federal entity4 #fjb4 ,oversight board for ,restoration ,fund 7a7 ,plan2 advisory board ,section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf7 is amended by adding at the end the following3 7g7 ,plan on expenditure of funds 7#a7 ,in general ,for each fiscal year1 the ,secretary1 in consultation with the ,advisory ,board1 shall submit to ,congress a plan for the expenditure of all of the funds deposited into the ,restoration ,fund during the preceding fiscal year4 7#b7 ,contents ,the plan shall include an analysis of the cost-effectiveness of each expenditure4 7h7 ,advisory board 7#a7 ,establishment ,there is established the ,restoration ,fund ,advisory ,board 7referred to in this section as the ,advisory ,board71 which shall be composed of #aa members appointed by the ,secretary4 7#b7 ,membership 7,a7 ,in general ,the ,secretary shall appoint members to the ,advisory ,board that represent the various ,central ,valley ,project stakeholders1 of whom-- 7i7 #d members shall be agricultural users of the ,central ,valley ,project1 including at least one agricultural user from north-of-the-,delta and one agricultural user from south-of-the-,delta2 7ii7 #b members shall be municipal and industrial users of the ,central ,valley ,project1 including one municipal and industrial user from north-of-the-,delta and one municipal and industrial user from south-of-the-,delta2 7iii7 #c members shall be power contractors of the ,central ,valley ,project1 including at least one power contractor from north-of-the-,delta and from south-of-the-,delta2 7iv7 #a member shall be a representative of a ,federal national wildlife refuge that contracts for ,central ,valley ,project water supplies with the ,bureau of ,reclamation2 and 7v7 #a member shall have expertise in the economic impacts of the changes to water operations4 7,b7 ,observer ,the ,secretary and the ,secretary of ,commerce may each designate a representative to act as an observer of the ,advisory ,board4 7,c7 ,chair ,the ,secretary shall appoint #a of the members described in subparagraph 7,a7 to serve as ,chair of the ,advisory ,board4 7#c7 ,terms ,the term of each member of the ,advisory ,board shall be #d years4 7#d7 ,date of appointments ,the appointment of a member of the ,panel shall be made not later than-- 7,a7 the date that is #abj days after the date of enactment of this ,act2 or 7,b7 in the case of a vacancy on the ,panel described in subsection 7c77#b71 the date that is #abj days after the date on which the vacancy occurs4 7#e7 ,vacancies 7,a7 ,in general ,a vacancy on the ,panel shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment4 7,b7 ,filling unexpired term ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced4 7,c7 ,expiration of terms ,the term of any member shall not expire before the date on which the successor of the member takes office4 7#f7 ,removal ,a member of the ,panel may be removed from office by the ,secretary of the ,interior4 7#g7 ,federal advisory committee act ,the ,panel shall not be subject to the requirements of the ,federal ,advisory ,committee ,act4 7#h7 ,duties ,the duties of the ,advisory ,board are-- 7,a7 to meet not less frequently than semiannually to develop and make recommendations to the ,secretary regarding priorities and spending levels on projects and programs carried out under this title2 7,b7 to ensure that any advice given or recommendation made by the ,advisory ,board reflects the independent judgment of the ,advisory ,board2 7,c7 not later than ,december #ca1 #bjae1 and annually thereafter1 to submit to the ,secretary and ,congress the recommendations under subparagraph 7,a72 and 7,d7 not later than ,december #ca1 #bjae1 and biennially thereafter1 to submit to ,congress details of the progress made in achieving the actions required under section #cdjf4 7#i7 ,administration ,with the consent of the appropriate agency head1 the ,advisory ,board may use the facilities and services of any ,federal agency4 7#aj7 ,cooperation and assistance 7,a7 ,provision of information ,upon request of the ,panel ,chair for information or assistance to facilitate carrying out this section1 the ,secretary of the ,interior shall promptly provide such information1 unless otherwise prohibited by law4 7,b7 ,space and assistance ,the ,secretary of the ,interior shall provide the ,panel with appropriate and adequate office space1 together with such equipment1 office supplies1 and communications facilities and services as may be necessary for the operation of the ,panel1 and shall provide necessary maintenance services for such offices and the equipment and facilities located therein4 4 #fjc4 ,water supply accounting 7a7 ,in general ,all ,central ,valley ,project water1 except ,central ,valley ,project water released pursuant to ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj used to implement an action undertaken for a fishery beneficial purpose that was not imposed by terms and conditions existing in licenses1 permits1 and other agreements pertaining to the ,central ,valley ,project under applicable ,state or ,federal law existing on ,october #cj1 #aiib1 shall be credited to the quantity of ,central ,valley ,project yield dedicated and managed under this section2 provided1 that nothing herein shall affect the ,secretary of the ,interior's duty to comply with any otherwise lawful requirement imposed on operations of the ,central ,valley ,project under any provision of ,federal or ,state law4 7b7 ,reclamation policies and allocations ,reclamation policies and allocations shall not be based upon any premise or assumption that ,central ,valley ,project contract supplies are supplemental or secondary to any other contractor source of supply4 #fjd4 ,implementation of water replacement plan 7a7 ,in general ,not later than ,october #a1 #bjaf1 the ,secretary of the ,interior shall update and implement the plan required by section #cdjh7;j7 of title ,,xxxiv of ,public ,law #ajb-ege4 ,the ,secretary shall notify the ,congress annually describing the progress of implementing the plan required by section #cdjh7;j7 of title ,,xxxiv of ,public ,law #ajb-ege4 7b7 ,potential amendment ,if the plan required in subsection 7a7 has not increased the ,central ,valley ,project yield by #hjj1jjj acre-feet within #e years after the enactment of this ,act1 then section #cdjf of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 by amending paragraph 7#b77;,c7 to read3 7,c7 ,if by ,march #ae1 #bjba1 and any year thereafter the quantity of ,central ,valley ,project water forecasted to be made available to all water service or repayment contractors of the ,central ,valley ,project is below #ej percent of the total quantity of water to be made available under said contracts1 the quantity of ,central ,valley ,project yield dedicated and managed for that year under this paragraph shall be reduced by #be percent4 4 #fje4 ,natural and artificially spawned species ,after the date of the enactment of this title1 and regardless of the date of listing1 the ,secretaries of the ,interior and ,commerce 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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 that relates to any anadromous or pelagic fish species that resides for all or a portion of its life in the ,sacramento-,san ,joaquin ,delta or rivers tributary thereto4 #fjf4 ,transfer the ,new ,melones ,unit1 ,central ,valley ,project to interested providers 7a7 ,definitions ,for the purposes of this section1 the following terms apply3 7#a7 ,interested local water and power providers ,the term interested local water and power providers includes the ,calaveras ,county ,water ,district1 ,calaveras ,public ,power ,agency1 ,central ,san ,joaquin ,water ,conservation ,district1 ,oakdale ,irrigation ,district1 ,stockton ,east ,water ,district1 ,south ,san ,joaquin ,irrigation ,district1 ,tuolumne ,utilities ,district1 ,tuolumne ,public ,power ,agency1 and ,union ,public ,utilities ,district4 7#b7 ,new melones unit1 central valley project ,the term ,new ,melones ,unit1 ,central ,valley ,project means all ,federal reclamation projects located within or diverting water from or to the watershed of the ,stanislaus and ,san ,joaquin rivers and their tributaries as authorized by the ,act of ,august #bf1 #aicg 7#ej ,stat4 #hej71 and all ,acts amendatory or supplemental thereto1 including the ,act of ,october #bc1 #aifb 7#gf ,stat4 #aagc74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,negotiations ,notwithstanding any other provision of law1 not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall enter into negotiations with interested local water and power providers for the transfer ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers within the ,state of ,california4 7c7 ,transfer ,the ,secretary shall transfer the ,new ,melones ,unit1 ,central ,valley ,project in accordance with an agreement reached pursuant to negotiations conducted under subsection 7b74 7d7 ,notification ,not later than #cfj days after the date of the enactment of this ,act1 and every #f months thereafter1 the ,secretary shall notify the appropriate committees of the ,house of ,representatives and the ,senate-- 7#a7 if an agreement is reached pursuant to negotiations conducted under subsection 7b71 the terms of that agreement2 7#b7 of the status of formal discussions with interested local water and power providers for the transfer of ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers2 7#c7 of all unresolved issues that are preventing execution of an agreement for the transfer of ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers2 7#d7 on analysis and review of studies1 reports1 discussions1 hearing transcripts1 negotiations1 and other information about past and present formal discussions that-- 7,a7 have a serious impact on the progress of the formal discussions2 7,b7 explain or provide information about the issues that prevent progress or finalization of formal discussions2 or 7,c7 are1 in whole or in part1 preventing execution of an agreement for the transfer2 and 7#e7 of any actions the ,secretary recommends that the ,united ,states should take to finalize an agreement for that transfer4 #fjg4 ,basin studies 7a7 ,authorized studies ,the ,secretary of the ,interior is authorized and directed to expand opportunities and expedite completion of assessments under section #iejc7;b7 of the ,,secure ,water ,act 7#db ,u4,s4,c4 #ajcfc7;b771 with non-,federal partners1 of individual sub-basins and watersheds within major ,reclamation river basins2 and shall ensure timely decision and expedited implementation of adaptation and mitigation strategies developed through the special study process4 7b7 ,funding 7#a7 ,in general ,the non-,federal partners shall be responsible for #ajj percent of the cost of the special studies4 7#b7 ,contributed ,funds ,the ,secretary may accept and use contributions of funds from the non-,federal partners to carry out activities under the special studies4 #fjh4 ,operations of the ,trinity ,river ,division ,the ,secretary of the ,interior1 in the operation of the ,trinity ,river ,division of the ,central ,valley ,project1 shall not make releases from ,lewiston ,dam in excess of the volume for each water-year type required by the ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj4 7#a7 ,a maximum of #cfi1jjj acre-feet in a ,critically ,dry year4 7#b7 ,a maximum of #dec1jjj acre-feet in a ,dry year4 7#c7 ,a maximum of #fdg1jjj acre-feet in a ,normal year4 7#d7 ,a maximum of #gja1jjj acre-feet in a ,wet year4 7#e7 ,a maximum of #hae1jjj acre-feet in an ,extremely ,wet year4 #fji4 ,amendment to purposes ,section #cdjb of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjf7 is amended-- 7#a7 in subsection 7f71 by striking the period at the end2 and 7#b7 by adding at the end the following3 7g7 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 #ca1 #bjah1 at the lowest cost reasonably achievable2 and 7h7 to facilitate and expedite water transfers in accordance with this ,act4 4 #faj4 ,amendment to definition ,section #cdjc of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjg7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 the term anadromous fish means those native stocks of salmon 7including steelhead7 and sturgeon that1 as of ,october #cj1 #aiib1 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 ,ocean2 2 7#b7 in subsection 7l71 by striking and12 7#c7 in subsection 7m71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7n7 the term reasonable flow means water flows capable of being maintained taking into account competing consumptive uses of water and economic1 environmental1 and social factors4 4 ,,vii ,water ,supply ,permitting ,act #gja4 ,short title ,this title may be cited as the ,water ,supply ,permitting ,coordination ,act4 #gjb4 ,definitions ,in this title3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#c7 ,qualifying projects ,the term qualifying projects means new surface water storage projects in the ,states covered under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 constructed on lands administered by the ,department of the ,interior or the ,department of ,agriculture1 exclusive of any easement1 right-of-way1 lease1 or any private holding4 7#d7 ,cooperating agencies ,the term cooperating agency means a ,federal agency with jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a qualifying project under applicable ,federal laws and regulations1 or a ,state agency subject to section #gjc7;c74 #gjc4 ,establishment of lead agency and cooperating agencies 7a7 ,establishment of ,lead ,agency ,the ,bureau of ,reclamation is established as the lead agency for purposes of coordinating all reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to construct qualifying projects4 7b7 ,identification and ,establishment of ,cooperating ,agencies ,the ,commissioner of the ,bureau shall-- 7#a7 identify1 as early as practicable upon receipt of an application for a qualifying project1 any ,federal agency that may have jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 approval1 or decision required for a qualifying project under applicable ,federal laws and regulations2 and 7#b7 notify any such agency1 within a reasonable timeframe1 that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the ,bureau in writing1 within a timeframe set forth by the ,bureau1 notifying the ,bureau that the agency-- 7,a7 has no jurisdiction or authority with respect to the qualifying project2 7,b7 has no expertise or information relevant to the qualifying project or any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision associated therewith2 or 7,c7 does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the ,bureau4 7c7 ,state ,authority ,a ,state in which a qualifying project is being considered may choose1 consistent with ,state law-- 7#a7 to participate as a cooperating agency2 and 7#b7 to make subject to the processes of this title all ,state agencies that-- 7,a7 have jurisdiction over the qualifying project2 7,b7 are required to conduct or issue a review1 analysis1 or opinion for the qualifying project2 or 7,c7 are required to make a determination on issuing a permit1 license1 or approval for the qualifying project4 #gjd4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,bureau under this title are to-- 7#a7 serve as the point of contact for applicants1 ,state agencies1 ,indian tribes1 and others regarding proposed qualifying projects2 7#b7 coordinate preparation of unified environmental documentation that will serve as the basis for all ,federal decisions necessary to authorize the use of ,federal lands for qualifying projects2 and 7#c7 coordinate all ,federal agency reviews necessary for project development and construction of qualifying projects4 7b7 ,coordination process ,the ,bureau shall have the following coordination responsibilities3 7#a7 ,pre-application coordination ,notify cooperating agencies of proposed qualifying projects not later than #cj days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants1 relevant ,federal and ,state agencies1 and ,indian tribes to-- 7,a7 explain applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established2 and 7,b7 establish the schedule for the qualifying project4 7#b7 ,consultation with cooperating agencies ,consult with the cooperating agencies throughout the ,federal agency review process1 identify and obtain relevant data in a timely manner1 and set necessary deadlines for cooperating agencies4 7#c7 ,schedule ,work with the qualifying project applicant and cooperating agencies to establish a project schedule4 ,in establishing the schedule1 the ,bureau shall consider1 among other factors-- 7,a7 the responsibilities of cooperating agencies under applicable laws and regulations2 7,b7 the resources available to the cooperating agencies and the non-,federal qualifying project sponsor1 as applicable2 7,c7 the overall size and complexity of the qualifying project2 7,d7 the overall schedule for and cost of the qualifying project2 and 7,e7 the sensitivity of the natural and historic resources that may be affected by the qualifying project4 7#d7 ,environmental compliance ,prepare a unified environmental review document for each qualifying project application1 incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions4 ,help ensure that cooperating agencies make necessary decisions1 within their respective authorities1 regarding ,federal approvals in accordance with the following timelines3 7,a7 ,not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,not later than one year and #cj days after the close of the public comment period for a draft environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 when an environmental impact statement is required under the same4 7#e7 ,consolidated administrative record ,maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions4 7#f7 ,project data records ,to the extent practicable and consistent with ,federal law1 ensure that all project data is submitted and maintained in generally accessible electronic format1 compile1 and where authorized under existing law1 make available such project data to cooperating agencies1 the qualifying project applicant1 and to the public4 7#g7 ,project manager ,appoint a project manager for each qualifying project4 ,the project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents1 and shall be responsible for ensuring fulfillment of all ,bureau responsibilities set forth in this section and all cooperating agency responsibilities under section #gje4 #gje4 ,cooperating agency responsibilities 7a7 ,adherence to ,bureau ,schedule ,upon notification of an application for a qualifying project1 all cooperating agencies shall submit to the ,bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities4 ,the ,bureau shall use the timeframe submitted under this subsection to establish the project schedule under section #gjd1 and the cooperating agencies shall adhere to the project schedule established by the ,bureau4 7b7 ,environmental ,record ,cooperating agencies shall submit to the ,bureau all environmental review material produced or compiled in the course of carrying out activities required under ,federal law consistent with the project schedule established by the ,bureau4 7c7 ,data ,submission ,to the extent practicable and consistent with ,federal law1 the cooperating agencies shall submit all relevant project data to the ,bureau in a generally accessible electronic format subject to the project schedule set forth by the ,bureau4 #gjf4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with the ,administrative ,procedures ,act 7#e ,u4,s4,c4 #eec71 may accept and expend funds contributed by a non-,federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project4 7b7 ,effect on permitting 7#a7 ,in general ,in carrying out this section1 the ,secretary shall ensure that the use of funds accepted under subsection 7a7 will not impact impartial decisionmaking with respect to permits1 either substantively or procedurally4 7#b7 ,evaluation of permits ,in carrying out this section1 the ,secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- 7,a7 be reviewed by the ,regional ,director of the ,bureau1 or the ,regional ,director's designee1 of the region in which the qualifying project or activity is located2 and 7,b7 use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section4 7#c7 ,impartial decisionmaking ,in carrying out this section1 the ,secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not-- 7,a7 impact impartial decisionmaking with respect to the issuance of permits1 either substantively or procedurally2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of such agencies4 7c7 ,limitation on use of funds ,none of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection 7b77#b77;,a74 7d7 ,public availability ,the ,secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public1 including on the ,internet4 ,,viii ,bureau of ,reclamation ,project ,streamlining #hja4 ,short title ,this title may be cited as the ,bureau of ,reclamation ,project ,streamlining ,act4 #hjb4 ,definitions ,in this title3 7#a7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,environmental review process 7,a7 ,in general ,the term environmental review process means the process of preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project study4 7,b7 ,inclusions ,the term environmental review process includes the process for and completion of any environmental permit1 approval1 review1 or study required for a project study under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,federal jurisdictional agency ,the term ,federal jurisdictional agency means a ,federal agency with jurisdiction delegated by law1 regulation1 order1 or otherwise over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a project study under applicable ,federal laws 7including regulations74 7#d7 ,federal lead agency ,the term ,federal lead agency means the ,bureau of ,reclamation4 7#e7 ,project ,the term project means a surface water project1 a project under the purview of title ,,xvi of ,public ,law #ajb-ege1 or a rural water supply project investigated under ,public ,law #aji-dea to be carried out1 funded or operated in whole or in party by the ,secretary pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#f7 ,project sponsor ,the term project sponsor means a ,state1 regional1 or local authority or instrumentality or other qualifying entity1 such as a water conservation district1 irrigation district1 water conservancy district1 joint powers authority1 mutual water company1 canal company1 rural water district or association1 or any other entity that has the capacity to contract with the ,united ,states under ,federal reclamation law4 7#g7 ,project study ,the term project study means a feasibility study for a project carried out pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,surface water storage ,the term surface water storage means any surface water reservoir or impoundment that would be owned1 funded or operated in whole or in part by the ,bureau of ,reclamation or that would be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 #hjc4 ,acceleration of studies 7a7 ,in general ,to the extent practicable1 a project study initiated by the ,secretary1 after the date of enactment of this ,act1 under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto1 shall-- 7#a7 result in the completion of a final feasibility report not later than #c years after the date of initiation2 7#b7 have a maximum ,federal cost of #c1jjj1jjj2 and 7#c7 ensure that personnel from the local project area1 region1 and headquarters levels of the ,bureau of ,reclamation concurrently conduct the review required under this section4 7b7 ,extension ,if the ,secretary determines that a project study described in subsection 7a7 will not be conducted in accordance with subsection 7a71 the ,secretary1 not later than #cj days after the date of making the determination1 shall-- 7#a7 prepare an updated project study schedule and cost estimate2 7#b7 notify the non-,federal project cost-sharing partner that the project study has been delayed2 and 7#c7 provide written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate as to the reasons the requirements of subsection 7a7 are not attainable4 7c7 ,exception 7#a7 ,in general ,notwithstanding the requirements of subsection 7a71 the ,secretary may extend the timeline of a project study by a period not to exceed #c years1 if the ,secretary determines that the project study is too complex to comply with the requirements of subsection 7a74 7#b7 ,factors ,in making a determination that a study is too complex to comply with the requirements of subsection 7a71 the ,secretary shall consider-- 7,a7 the type1 size1 location1 scope1 and overall cost of the project2 7,b7 whether the project will use any innovative design or construction techniques2 7,c7 whether the project will require significant action by other ,federal1 ,state1 or local agencies2 7,d7 whether there is significant public dispute as to the nature or effects of the project2 and 7,e7 whether there is significant public dispute as to the economic or environmental costs or benefits of the project4 7#c7 ,notification ,each time the ,secretary makes a determination under this subsection1 the ,secretary shall provide written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate as to the results of that determination1 including an identification of the specific one or more factors used in making the determination that the project is complex4 7#d7 ,limitation ,the ,secretary shall not extend the timeline for a project study for a period of more than #g years1 and any project study that is not completed before that date shall no longer be authorized4 7d7 ,reviews ,not later than #ij days after the date of the initiation of a project study described in subsection 7a71 the ,secretary shall-- 7#a7 take all steps necessary to initiate the process for completing federally mandated reviews that the ,secretary is required to complete as part of the study1 including the environmental review process under section #hje2 7#b7 convene a meeting of all ,federal1 tribal1 and ,state agencies identified under section #hje7;d7 that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study2 and 7#c7 take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner4 7e7 ,interim report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of the planning process under this section1 including the number of participating projects2 7#b7 a review of project delivery schedules1 including a description of any delays on those studies initiated prior to the date of the enactment of this ,act2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project4 7f7 ,final report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of this section1 including a description of each project study subject to the requirements of this section2 7#b7 the amount of time taken to complete each project study2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project study process1 including an analysis of whether the limitation established by subsection 7a77#b7 needs to be adjusted to address the impacts of inflation4 #hjd4 ,expedited completion of reports ,the ,secretary shall-- 7#a7 expedite the completion of any ongoing project study initiated before the date of enactment of this ,act2 and 7#b7 if the ,secretary determines that the project is justified in a completed report1 proceed directly to preconstruction planning1 engineering1 and design of the project in accordance with the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 #hje4 ,project acceleration 7a7 ,applicability 7#a7 ,in general ,this section shall apply to-- 7,a7 each project study that is initiated after the date of enactment of this ,act and for which an environmental impact statement is prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the extent determined appropriate by the ,secretary1 to other project studies initiated before the date of enactment of this ,act and for which an environmental review process document is prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any project study for the development of a non-federally owned and operated surface water storage project for which the ,secretary determines there is a demonstrable ,federal interest and the project-- 7i7 is located in a river basin where other ,bureau of ,reclamation water projects are located2 7ii7 will create additional water supplies that support ,bureau of ,reclamation water projects2 or 7iii7 will become integrated into the operation of ,bureau of ,reclamation water projects4 7#b7 ,flexibility ,any authority granted under this section may be exercised1 and any requirement established under this section may be satisfied1 for the conduct of an environmental review process for a project study1 a class of project studies1 or a program of project studies4 7#c7 ,list of project studies 7,a7 ,in general ,the ,secretary shall annually prepare1 and make publicly available1 a list of all project studies that the ,secretary has determined-- 7i7 meets the standards described in paragraph 7#a72 and 7ii7 does not have adequate funding to make substantial progress toward the completion of the project study4 7,b7 ,inclusions ,the ,secretary shall include for each project study on the list under subparagraph 7,a7 a description of the estimated amounts necessary to make substantial progress on the project study4 7b7 ,project review process 7#a7 ,in general ,the ,secretary shall develop and implement a coordinated environmental review process for the development of project studies4 7#b7 ,coordinated review ,the coordinated environmental review process described in paragraph 7#a7 shall require that any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision issued or made by a ,federal1 ,state1 or local governmental agency or an ,indian tribe for a project study described in subsection 7b7 be conducted1 to the maximum extent practicable1 concurrently with any other applicable governmental agency or ,indian tribe4 7#c7 ,timing ,the coordinated environmental review process under this subsection shall be completed not later than the date on which the ,secretary1 in consultation and concurrence with the agencies identified under section #hje7;d71 establishes with respect to the project study4 7c7 ,lead agencies 7#a7 ,joint lead agencies 7,a7 ,in general ,subject to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the requirements of section #aejf4h of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 including the concurrence of the proposed joint lead agency1 a project sponsor may serve as the joint lead agency4 7,b7 ,project sponsor as joint lead agency ,a project sponsor that is a ,state or local governmental entity may-- 7i7 with the concurrence of the ,secretary1 serve as a joint lead agency with the ,federal lead agency for purposes of preparing any environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 prepare any environmental review process document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 required in support of any action or approval by the ,secretary if-- 7,i7 the ,secretary provides guidance in the preparation process and independently evaluates that document2 7,,ii7 the project sponsor complies with all requirements applicable to the ,secretary under-- 7aa7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7bb7 any regulation implementing that ,act2 and 7cc7 any other applicable ,federal law2 and 7,,iii7 the ,secretary approves and adopts the document before the ,secretary takes any subsequent action or makes any approval based on that document1 regardless of whether the action or approval of the ,secretary results in ,federal funding4 7#b7 ,duties ,the ,secretary shall ensure that-- 7,a7 the project sponsor complies with all design and mitigation commitments made jointly by the ,secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection2 and 7,b7 any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the ,secretary determines are necessary4 7#c7 ,adoption and use of documents ,any environmental document prepared in accordance with this subsection shall be adopted and used by any ,federal agency making any determination related to the project study to the same extent that the ,federal agency could adopt or use a document prepared by another ,federal agency under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,roles and responsibility of lead agency ,with respect to the environmental review process for any project study1 the ,federal lead agency shall have authority and responsibility-- 7,a7 to take such actions as are necessary and proper and within the authority of the ,federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study2 and 7,b7 to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is completed in accordance with this section and applicable ,federal law4 7d7 ,participating and cooperating agencies 7#a7 ,identification of jurisdictional agencies ,with respect to carrying out the environmental review process for a project study1 the ,secretary shall identify1 as early as practicable in the environmental review process1 all ,federal1 ,state1 and local government agencies and ,indian tribes that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#b7 ,state authority ,if the environmental review process is being implemented by the ,secretary for a project study within the boundaries of a ,state1 the ,state1 consistent with ,state law1 may choose to participate in the process and to make subject to the process all ,state agencies that-- 7,a7 have jurisdiction over the project2 7,b7 are required to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 are required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#c7 ,invitation 7,a7 ,in general ,the ,federal lead agency shall invite1 as early as practicable in the environmental review process1 any agency identified under paragraph 7#a7 to become a participating or cooperating agency1 as applicable1 in the environmental review process for the project study4 7,b7 ,deadline ,an invitation to participate issued under subparagraph 7,a7 shall set a deadline by which a response to the invitation shall be submitted1 which may be extended by the ,federal lead agency for good cause4 7#d7 ,procedures ,section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,bureau of ,reclamation ,project ,streamlining ,act7 shall govern the identification and the participation of a cooperating agency4 7#e7 ,federal cooperating agencies ,any ,federal agency that is invited by the ,federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the ,federal lead agency unless the invited agency informs the ,federal lead agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 7i7 has no jurisdiction or authority with respect to the project2 7ii7 has no expertise or information relevant to the project2 or 7iii7 does not have adequate funds to participate in the project2 and 7,b7 does not intend to submit comments on the project4 7#f7 ,administration ,a participating or cooperating agency shall comply with this section and any schedule established under this section4 7#g7 ,effect of designation ,designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#h7 ,concurrent reviews ,each participating or cooperating agency shall-- 7,a7 carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process1 unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations2 and 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7e7 ,non-,federal projects integrated into reclamation systems ,the ,federal lead agency shall serve in that capacity for the entirety of all non-,federal projects that will be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 7f7 ,non-,federal project ,if the ,secretary determines that a project can be expedited by a non-,federal sponsor and that there is a demonstrable ,federal interest in expediting that project1 the ,secretary shall take such actions as are necessary to advance such a project as a non-,federal project1 including1 but not limited to1 entering into agreements with the non-,federal sponsor of such project to support the planning1 design and permitting of such project as a non-,federal project4 7g7 ,programmatic compliance 7#a7 ,in general ,the ,secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that-- 7,a7 eliminates repetitive discussions of the same issues2 7,b7 focuses on the actual issues ripe for analyses at each level of review2 7,c7 establishes a formal process for coordinating with participating and cooperating agencies1 including the creation of a list of all data that are needed to carry out an environmental review process2 and 7,d7 complies with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 all other applicable laws4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 as the first step in drafting guidance under that paragraph1 consult with relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public on the appropriate use and scope of the programmatic approaches2 7,b7 emphasize the importance of collaboration among relevant ,federal1 ,state1 and local governmental agencies1 and ,indian tribes in undertaking programmatic reviews1 especially with respect to including reviews with a broad geographical scope2 7,c7 ensure that the programmatic reviews-- 7i7 promote transparency1 including of the analyses and data used in the environmental review process1 the treatment of any deferred issues raised by ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 or the public1 and the temporal and special scales to be used to analyze those issues2 7ii7 use accurate and timely information in the environmental review process1 including-- 7,i7 criteria for determining the general duration of the usefulness of the review2 and 7,,ii7 the timeline for updating any out-of-date review2 7iii7 describe-- 7,i7 the relationship between programmatic analysis and future tiered analysis2 and 7,,ii7 the role of the public in the creation of future tiered analysis2 and 7iv7 are available to other relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public2 7,d7 allow not fewer than #fj days of public notice and comment on any proposed guidance2 and 7,e7 address any comments received under subparagraph 7,d74 7h7 ,coordinated reviews 7#a7 ,coordination plan 7,a7 ,establishment ,the ,federal lead agency shall1 after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 establish a plan for coordinating public and agency participation in1 and comment on1 the environmental review process for a project study or a category of project studies4 7,b7 ,schedule 7i7 ,in general ,as soon as practicable but not later than #de days after the close of the public comment period on a draft environmental impact statement1 the ,federal lead agency1 after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 shall establish1 as part of the coordination plan established in subparagraph 7,a71 a schedule for completion of the environmental review process for the project study4 7ii7 ,factors for consideration ,in establishing a schedule1 the ,secretary shall consider factors such as-- 7,i7 the responsibilities of participating and cooperating agencies under applicable laws2 7,,ii7 the resources available to the project sponsor1 joint lead agency1 and other relevant ,federal and ,state agencies1 as applicable2 7,,iii7 the overall size and complexity of the project2 7,,iv7 the overall schedule for and cost of the project2 and 7,v7 the sensitivity of the natural and historical resources that could be affected by the project4 7iii7 ,modifications ,the ,secretary may-- 7,i7 lengthen a schedule established under clause 7i7 for good cause2 and 7,,ii7 shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable4 7iv7 ,dissemination ,a copy of a schedule established under clause 7i7 shall be-- 7,i7 provided to each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable2 and 7,,ii7 made available to the public4 7#b7 ,comment deadlines ,the ,federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study3 7,a7 ,draft environmental impact statements ,for comments by ,federal and ,state agencies and the public on a draft environmental impact statement1 a period of not more than #fj days after publication in the ,federal ,register of notice of the date of public availability of the draft environmental impact statement1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7,b7 ,other environmental review processes ,for all other comment periods established by the ,federal lead agency for agency or public comments in the environmental review process1 a period of not more than #cj days after the date on which the materials on which comment is requested are made available1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor1 or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7#c7 ,deadlines for decisions under other laws ,in any case in which a decision under any ,federal law relating to a project study1 including the issuance or denial of a permit or license1 is required to be made by the date described in subsection 7i77#e77;,b71 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 as soon as practicable after the #ahj-;day period described in subsection 7i77#e77;,b71 an initial notice of the failure of the ,federal agency to make the decision2 and 7,b7 every #fj days thereafter until such date as all decisions of the ,federal agency relating to the project study have been made by the ,federal agency1 an additional notice that describes the number of decisions of the ,federal agency that remain outstanding as of the date of the additional notice4 7#d7 ,involvement of the public ,nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable ,federal law 7including regulations74 7#e7 ,transparency reporting 7,a7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and maintain an electronic database and1 in coordination with other ,federal and ,state agencies1 issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal1 ,state1 or local approval or action required for a project study for which this section is applicable4 7,b7 ,project study transparency ,consistent with the requirements established under subparagraph 7,a71 the ,secretary shall make publicly available the status and progress of any ,federal1 ,state1 or local decision1 action1 or approval required under applicable laws for each project study for which this section is applicable4 7i7 ,issue identification and resolution 7#a7 ,cooperation ,the ,federal lead agency1 the cooperating agencies1 and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws4 7#b7 ,federal lead agency responsibilities 7,a7 ,in general ,the ,federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,data sources ,the information under subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,based on information received from the ,federal lead agency1 cooperating and participating agencies shall identify1 as early as practicable1 any issues of concern regarding the potential environmental or socioeconomic impacts of the project1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study4 7#d7 ,accelerated issue resolution and elevation 7,a7 ,in general ,on the request of a participating or cooperating agency or project sponsor1 the ,secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable1 to resolve issues that may-- 7i7 delay completion of the environmental review process2 or 7ii7 result in denial of any approval required for the project study under applicable laws4 7,b7 ,meeting date ,a meeting requested under this paragraph shall be held not later than #ba days after the date on which the ,secretary receives the request for the meeting1 unless the ,secretary determines that there is good cause to extend that deadline4 7,c7 ,notification ,on receipt of a request for a meeting under this paragraph1 the ,secretary shall notify all relevant participating and cooperating agencies of the request1 including the issue to be resolved and the date for the meeting4 7,d7 ,elevation of issue resolution ,if a resolution cannot be achieved within the #cj-;day period beginning on the date of a meeting under this paragraph and a determination is made by the ,secretary that all information necessary to resolve the issue has been obtained1 the ,secretary shall forward the dispute to the heads of the relevant agencies for resolution4 7,e7 ,convention by secretary ,the ,secretary may convene an issue resolution meeting under this paragraph at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under subparagraph 7,a74 7#e7 ,financial penalty provisions 7,a7 ,in general ,a ,federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process4 7,b7 ,failure to decide 7i7 ,in general 7,i7 ,transfer of funds ,if a ,federal jurisdictional agency fails to render a decision required under any ,federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment1 including the issuance or denial of a permit1 license1 statement1 opinion1 or other approval by the date described in clause 7ii71 the amount of funds made available to support the office of the head of the ,federal jurisdictional agency shall be reduced by an amount of funding equal to the amount specified in item 7aa7 or 7bb7 of subclause 7,,ii71 and those funds shall be made available to the division of the ,federal jurisdictional agency charged with rendering the decision by not later than #a day after the applicable date under clause 7ii71 and once each week thereafter until a final decision is rendered1 subject to subparagraph 7,c74 7,,ii7 ,amount to be transferred ,the amount referred to in subclause 7,i7 is-- 7aa7 #bj1jjj for any project study requiring the preparation of an environmental assessment or environmental impact statement2 or 7bb7 #aj1jjj for any project study requiring any type of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 other than an environmental assessment or environmental impact statement4 7ii7 ,description of date ,the date referred to in clause 7i7 is the later of-- 7,i7 the date that is #ahj days after the date on which an application for the permit1 license1 or approval is complete2 and 7,,ii7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,limitations 7i7 ,in general ,no transfer of funds under subparagraph 7,b7 relating to an individual project study shall exceed1 in any fiscal year1 an amount equal to #a percent of the funds made available for the applicable agency office4 7ii7 ,failure to decide ,the total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to #e percent of the funds made available for the applicable agency office for that fiscal year4 7iii7 ,aggregate ,notwithstanding any other provision of law1 for each fiscal year1 the aggregate amount of financial penalties assessed against each applicable agency office under this ,act and any other ,federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review1 including the total amount transferred under this paragraph1 shall not exceed an amount equal to #i4e percent of the funds made available for the agency office for that fiscal year4 7,d7 ,notification of transfers ,not later than #aj days after the last date in a fiscal year on which funds of the ,federal jurisdictional agency may be transferred under subparagraph 7,b77#e7 with respect to an individual decision1 the agency shall submit to the appropriate committees of the ,house of ,representatives and the ,senate written notification that includes a description of-- 7i7 the decision2 7ii7 the project study involved2 7iii7 the amount of each transfer under subparagraph 7,b7 in that fiscal year relating to the decision2 7iv7 the total amount of all transfers under subparagraph 7,b7 in that fiscal year relating to the decision2 and 7v7 the total amount of all transfers of the agency under subparagraph 7,b7 in that fiscal year4 7,e7 ,no fault of agency 7i7 ,in general ,a transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph 7,a7 notifies1 with a supporting explanation1 the ,federal lead agency1 cooperating agencies1 and project sponsor1 as applicable1 that-- 7,i7 the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under ,federal1 ,state1 or local law2 7,,ii7 significant new information1 including from public comments1 or circumstances1 including a major modification to an aspect of the project1 requires additional analysis for the agency to make a decision on the project application2 or 7,,iii7 the agency lacks the financial resources to complete the review under the scheduled timeframe1 including a description of the number of full-time employees required to complete the review1 the amount of funding required to complete the review1 and a justification as to why not enough funding is available to complete the review by the deadline4 7ii7 ,lack of financial resources ,if the agency provides notice under clause 7i77,,iii71 the ,inspector ,general of the agency shall-- 7,i7 conduct a financial audit to review the notice2 and 7,,ii7 not later than #ij days after the date on which the review described in subclause 7,i7 is completed1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the results of the audit conducted under subclause 7,i74 7,f7 ,limitation ,the ,federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency1 or equivalent office1 to reimburse that office for the loss of the funds4 7,g7 ,effect of paragraph ,nothing in this paragraph affects or limits the application of1 or obligation to comply with1 any ,federal1 ,state1 local1 or tribal law4 7j7 ,memorandum of agreements for early coordination 7#a7 ,sense of congress ,it is the sense of ,congress that-- 7,a7 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other1 ,state and local agencies1 and ,indian tribes on environmental review and ,bureau of ,reclamation project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process1 prevent potential conflicts1 and ensure that planning and project development decisions reflect environmental values2 and 7,b7 the cooperation referred to in subparagraph 7,a7 should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later ,federal action and early consultation with appropriate ,state and local agencies and ,indian tribes4 7#b7 ,technical assistance ,if requested at any time by a ,state or project sponsor1 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process1 shall1 to the maximum extent practicable and appropriate1 as determined by the agencies1 provide technical assistance to the ,state or project sponsor in carrying out early coordination activities4 7#c7 ,memorandum of agency agreement ,if requested at any time by a ,state or project sponsor1 the ,federal lead agency1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,indian tribes1 ,state and local governments1 and other appropriate entities to carry out the early coordination activities1 including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion4 7k7 ,limitations ,nothing in this section preempts or interferes with-- 7#a7 any obligation to comply with the provisions of any ,federal law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 any other ,federal environmental law2 7#b7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#c7 any requirement for seeking1 considering1 or responding to public comment2 or 7#d7 any power1 jurisdiction1 responsibility1 duty1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects4 7l7 ,timing of claims 7#a7 ,timing 7,a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or other approval issued by a ,federal agency for a project study shall be barred unless the claim is filed not later than #c years after publication of a notice in the ,federal ,register announcing that the permit1 license1 or other approval is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law that allows judicial review4 7,b7 ,applicability ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit1 license1 or other approval4 7#b7 ,new information 7,a7 ,in general ,the ,secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title #dj1 ,code of ,federal ,regulations 7including successor regulations74 7,b7 ,separate action ,the preparation of a supplemental environmental impact statement or other environmental document1 if required under this section1 shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be #c years after the date of publication of a notice in the ,federal ,register announcing the action relating to such supplemental environmental impact statement or other environmental document4 7m7 ,categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 survey the use by the ,bureau of ,reclamation of categorical exclusions in projects since #bjje2 7,b7 publish a review of the survey that includes a description of-- 7i7 the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion2 and 7ii7 any requests previously received by the ,secretary for new categorical exclusions2 and 7,c7 solicit requests from other ,federal agencies and project sponsors for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #a year after the date of enactment of this ,act1 if the ,secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment this ,act based on the review under paragraph 7#a71 the ,secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion1 to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulation74 7n7 ,review of project acceleration reforms 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assess the reforms carried out under this section2 and 7,b7 not later than #e years and not later than #aj years after the date of enactment of this ,act1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes the results of the assessment4 7#b7 ,contents ,the reports under paragraph 7#a7 shall include an evaluation of impacts of the reforms carried out under this section on-- 7,a7 project delivery2 7,b7 compliance with environmental laws2 and 7,c7 the environmental impact of projects4 7o7 ,performance measurement ,the ,secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process4 7p7 ,categorical exclusions in emergencies ,for the repair1 reconstruction1 or rehabilitation of a ,bureau of ,reclamation surface water storage project that is in operation or under construction when damaged by an event or incident that results in a declaration by the ,president of a major disaster or emergency pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,secretary shall treat such repair1 reconstruction1 or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 if the repair or reconstruction activity is-- 7#a7 in the same location with the same capacity1 dimensions1 and design as the original ,bureau of ,reclamation surface water storage project as before the declaration described in this section2 and 7#b7 commenced within a #b-year period beginning on the date of a declaration described in this subsection4 #hjf4 ,annual report to ,congress 7a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report1 to be entitled ,report to ,congress on ,future ,water ,project ,development1 that identifies the following3 7#a7 ,project reports ,each project report that meets the criteria established in subsection 7c77#a77;,a74 7#b7 ,proposed project studies ,any proposed project study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b7 that meets the criteria established in subsection 7c77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized water project or project study that meets the criteria established in subsection 7c77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b72 or 7,b7 is identified by the ,secretary for authorization4 7#d7 ,expedited completion of report and determinations ,any project study that was expedited and any ,secretarial determinations under section #hjd4 7b7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 the ,secretary shall publish in the ,federal ,register a notice requesting proposals from non-,federal interests for proposed project studies and proposed modifications to authorized projects and project studies to be included in the annual report4 7#b7 ,deadline for requests ,the ,secretary shall include in each notice required by this subsection a requirement that non-,federal interests submit to the ,secretary any proposals described in paragraph 7#a7 by not later than #abj days after the date of publication of the notice in the ,federal ,register in order for the proposals to be considered for inclusion in the annual report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the ,internet2 and 7,b7 provide written notification of the publication to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,contents 7#a7 ,project reports1 proposed project studies1 and proposed modifications 7,a7 ,criteria for inclusion in report ,the ,secretary shall include in the annual report only those project reports1 proposed project studies1 and proposed modifications to authorized projects and project studies that-- 7i7 are related to the missions and authorities of the ,bureau of ,reclamation2 7ii7 require specific congressional authorization1 including by an ,act of ,congress2 7iii7 have not been congressionally authorized2 7iv7 have not been included in any previous annual report2 and 7v7 if authorized1 could be carried out by the ,bureau of ,reclamation4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed project study and proposed modification to an authorized water resources development project or project study included in the annual report1 the benefits1 as described in clause 7ii71 of each such study or proposed modification4 7ii7 ,benefits ,the benefits 7or expected benefits1 in the case of a proposed project study7 described in this clause are benefits to-- 7,i7 the protection of human life and property2 7,,ii7 improvement to domestic irrigated water and power supplies2 7,,iii7 the national economy2 7,,iv7 the environment2 or 7,v7 the national security interests of the ,united ,states4 7,c7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the extent practicable-- 7i7 for each proposed project study included in the annual report1 the non-,federal interest that submitted the proposed project study pursuant to subsection 7b72 and 7ii7 for each proposed project study and proposed modification to a project or project study included in the annual report1 whether the non-,federal interest has demonstrated-- 7,i7 that local support exists for the proposed project study or proposed modification to an authorized project or project study 7including the surface water storage development project that is the subject of the proposed feasibility study or the proposed modification to an authorized project study72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each project report1 proposed project study1 and proposed modification to a project or project study included under paragraph 7#a77;,a7-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the project report2 7ii7 the proposed project study2 7iii7 the authorized project study for which the modification is proposed2 or 7iv7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the water report2 7bb7 the proposed project study2 or 7cc7 the authorized project study for which a modification is proposed2 or 7,,ii7 the proposed modification to a project2 7,b7 a letter or statement of support for the water report1 proposed project study1 or proposed modification to a project or project study from each associated non-,federal interest2 7,c7 the purpose of the feasibility report1 proposed feasibility study1 or proposed modification to a project or project study2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of-- 7i7 the proposed modification to an authorized project study2 and 7ii7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the project report2 or 7bb7 the authorized project study for which a modification is proposed1 with respect to the change in costs resulting from such modification2 or 7,,ii7 the proposed modification to an authorized project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the project that is the subject of-- 7,i7 the project report2 or 7,,ii7 the authorized project study for which a modification is proposed1 with respect to the benefits of such modification2 or 7ii7 the proposed modification to an authorized project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each feasibility report1 proposed feasibility study1 and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph 7#a77;,a74 7#d7 ,appendix ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7b7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under such paragraph4 7d7 ,special rule for initial annual report ,notwithstanding any other deadlines required by this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice required by subsection 7b77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7b77#a7 by not later than #abj days after the date of publication of such notice in the ,federal ,register in order for such proposals to be considered for inclusion in the first annual report developed by the ,secretary under this section4 7e7 ,publication ,upon submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 7f7 ,definition ,in this section1 the term project report means a final feasibility report developed under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 ,,ix ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement #ija4 ,short title ,this title may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 #ijb4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies 7a7 ,conversion and prepayment of contracts 7#a7 ,conversion ,upon request of the contractor1 the ,secretary of the ,interior shall convert any water service contract in effect on the date of enactment of this ,act and between the ,united ,states and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions4 ,the manner of conversion under this paragraph shall be as follows3 7,a7 ,water service contracts that were entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie74 7,b7 ,water service contracts that were entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to be converted under this section shall be converted to a contract under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie74 7#b7 ,prepayment ,all repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,a7 shall-- 7,a7 provide for the repayment1 either in lump sum or by accelerated prepayment1 of the remaining construction costs identified in water project specific irrigation rate repayment schedules1 as adjusted to reflect payment not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 no later than #c years after the effective date of the repayment contract1 such amount to be discounted by the ,treasury rate4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days following receipt of request of the contractor2 7,b7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor shall be repaid in not more than #e 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 conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7,d7 continue so long as the contractor pays applicable charges1 consistent with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#c7 ,contract requirements ,the following shall apply with regard to all repayment contracts under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,b73 7,a7 ,provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days after receipt of request of contractor4 7,b7 ,the contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e 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 conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law4 7,c7 ,continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#d7 ,conditions ,all contracts entered into pursuant to paragraphs 7#a71 7#b71 and 7#c7 shall-- 7,a7 not be adjusted on the basis of the type of prepayment financing used by the water users' association2 7,b7 conform to any other agreements1 such as applicable settlement agreements and new constructed appurtenant facilities2 and 7,c7 not modify other water service1 repayment1 exchange and transfer contractual rights between the water users' association1 and the ,bureau of ,reclamation1 or any rights1 obligations1 or relationships of the water users' association and their landowners as provided under ,state law4 7b7 ,accounting ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior4 ,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 contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be not less than one year and not more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor4 7c7 ,applicability of certain provisions 7#a7 ,effect of existing law ,upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection 7a77#b77;,a71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall apply to affected lands4 7#b7 ,effect of other obligations ,the obligation of a contractor to repay construction costs or other capitalized costs described in subsection 7a77#b77;,b71 7a77#c77;,b71 or 7b7 shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection 7a77#b77;,a7 have been paid4 7d7 ,effect on existing law not altered ,implementation of the provisions of this title shall not alter-- 7#a7 the repayment obligation of any water service or repayment contractor receiving water from the same water project1 or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections 7a77#a71 7a77#b71 and 7a77#c7 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of the enactment of this ,act1 or to other contractors2 and 7#b7 specific requirements for the disposition of amounts received as repayments by the ,secretary under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7e7 ,surface water storage enhancement program 7#a7 ,in general ,except as provided in subsection 7d77#b71 three years following the date of enactment of this ,act1 #ej percent of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the #aj-year period following the date of enactment of this ,act shall be directed to the ,reclamation ,surface ,water ,storage ,account under paragraph 7#b74 7#b7 ,surface storage account ,the ,secretary shall allocate amounts collected under paragraph 7#a7 into the ,reclamation ,surface ,storage ,account to fund the construction of surface water storage4 ,the ,secretary may also enter into cooperative agreements with water users' associations for the construction of surface water storage and amounts within the ,surface ,storage ,account may be used to fund such construction4 ,surface water storage projects that are otherwise not federally authorized shall not be considered ,federal facilities as a result of any amounts allocated from the ,surface ,storage ,account for part or all of such facilities4 7#c7 ,repayment ,amounts used for surface water storage construction from the ,account shall be fully reimbursed to the ,account consistent with the requirements under ,federal reclamation law 7the law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic7771 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 except that all funds reimbursed shall be deposited in the ,account established under paragraph 7#b74 7#d7 ,availability of amounts ,amounts deposited in the ,account under this subsection shall-- 7,a7 be made available in accordance with this section1 subject to appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7#e7 ,purposes of surface water storage ,construction of surface water storage under this section shall be made for the following purposes3 7,a7 ,increased municipal and industrial water supply4 7,b7 ,agricultural floodwater1 erosion1 and sedimentation reduction4 7,c7 ,agricultural drainage improvements4 7,d7 ,agricultural irrigation4 7,e7 ,increased recreation opportunities4 7,f7 ,reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section4 7,g7 ,any other purposes consistent with reclamation laws or other ,federal law4 7f7 ,definitions ,for the purposes of this title1 the following definitions apply3 7#a7 ,account ,the term ,account means the ,reclamation ,surface ,water ,storage ,account established under subsection 7e77#b74 7#b7 ,construction ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities1 exclusive of any ,federal statutory or regulatory obligations relating to any permit1 review1 approval1 or other such requirement4 7#c7 ,surface water storage ,the term surface water storage means any federally owned facility under the jurisdiction of the ,bureau of ,reclamation or any non-,federal facility used for the surface storage and supply of water resources4 7#d7 ,treasury rate ,the term ,treasury rate means the #bj-year ,constant ,maturity ,treasury 7,,cmt7 rate published by the ,united ,states ,department of the ,treasury existing on the effective date of the contract4 7#e7 ,water users' association ,the term water users' association means-- 7,a7 an entity organized and recognized under ,state laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges2 and 7,b7 includes a variety of entities with different names and differing functions1 such as associations1 conservatory district1 irrigation district1 municipality1 and water project contract unit4 ,x ,safety of ,dams #ajja4 ,authorization of additional project benefits ,the ,reclamation ,safety of ,dams ,act of #aigh is amended-- 7#a7 in section #c1 by striking ,construction and inserting ,except as provided in section #e;,b1 construction2 and 7#b7 by inserting after section #e;,a 7#dc ,u4,s4,c4 #eji7 the following3 #e;,b4 ,authorization of additional project benefits ,notwithstanding section #c1 if the ,secretary determines that additional project benefits1 including but not limited to additional conservation storage capacity1 are feasible and not inconsistent with the purposes of this ,act1 the ,secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the ,secretary's activities under section #b of this ,act and subject to the conditions described in the feasibility study1 provided-- 7#a7 the ,secretary determines that developing additional project benefits through the construction of new or supplementary works on a project will promote more efficient management of water and water-related facilities2 7#b7 the feasibility study pertaining to additional project benefits has been authorized pursuant to section #h of the ,federal ,water ,project ,recreation ,act of #aife 7#af ,u4,s4,c4 #dfja-ah72 and 7#c7 the costs associated with developing the additional project benefits are agreed to in writing between the ,secretary and project proponents and shall be allocated to the authorized purposes of the structure and repaid consistent with all provisions of ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb1 #dc ,u4,s4,c4 #cga et seq47 and ,acts supplemental to and amendatory of that ,act4 4 ,,xi ,water ,rights ,protection #aaja4 ,short title ,this title may be cited as the ,water ,rights ,protection ,act4 #aajb4 ,definition of water right ,in this title1 the term water right means any surface or groundwater right filed1 permitted1 certified1 confirmed1 decreed1 adjudicated1 or otherwise recognized by a judicial proceeding or by the ,state in which the user acquires possession of the water or puts the water to beneficial use1 including water rights for federally recognized ,indian tribes4 #aajc4 ,treatment of water rights ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall not-- 7#a7 condition or withhold1 in whole or in part1 the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on-- 7,a7 limitation or encumbrance of any water right1 or the transfer of any water right 7including joint and sole ownership71 directly or indirectly to the ,united ,states or any other designee2 or 7,b7 any other impairment of any water right1 in whole or in part1 granted or otherwise recognized under ,state law1 by ,federal or ,state adjudication1 decree1 or other judgment1 or pursuant to any interstate water compact2 7#b7 require any water user 7including any federally recognized ,indian tribe7 to apply for or acquire a water right in the name of the ,united ,states under ,state law as a condition of the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement2 7#c7 assert jurisdiction over groundwater withdrawals or impacts on groundwater resources1 unless jurisdiction is asserted1 and any regulatory or policy actions taken pursuant to such assertion are1 consistent with1 and impose no greater restrictions or regulatory requirements than1 applicable ,state laws 7including regulations7 and policies governing the protection and use of groundwater resources2 or 7#d7 infringe on the rights and obligations of a ,state in evaluating1 allocating1 and adjudicating the waters of the ,state originating on or under1 or flowing from1 land owned or managed by the ,federal ,government4 #aajd4 ,recognition of ,state authority 7a7 ,in general ,in carrying out section #aajc1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7#a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 and adjudicating groundwater by any means1 including a rulemaking1 permitting1 directive1 water court adjudication1 resource management planning1 regional authority1 or other policy2 and 7#b7 coordinate with the ,states in the adoption and implementation by the ,secretary of the ,interior or the ,secretary of ,agriculture of any rulemaking1 policy1 directive1 management plan1 or other similar ,federal action so as to ensure that such actions are consistent with1 and impose no greater restrictions or regulatory requirements than1 ,state groundwater laws and programs4 7b7 ,effect on state water rights ,in carrying out this title1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall not take any action that adversely affects-- 7#a7 any water rights granted by a ,state2 7#b7 the authority of a ,state in adjudicating water rights2 7#c7 definitions established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 7#d7 terms and conditions of groundwater withdrawal1 guidance and reporting procedures1 and conservation and source protection measures established by a ,state2 7#e7 the use of groundwater in accordance with ,state law2 or 7#f7 any other rights and obligations of a ,state established under ,state law4 #aaje4 ,effect of title 7a7 ,effect on existing authority ,nothing in this title limits or expands any existing legally recognized authority of the ,secretary of the ,interior or the ,secretary of ,agriculture to issue1 grant1 or condition any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on ,federal land subject to the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 respectively4 7b7 ,effect on reclamation contracts ,nothing in this title interferes with ,bureau of ,reclamation contracts entered into pursuant to the reclamation laws4 7c7 ,effect on endangered species act ,nothing in this title affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,effect on federal reserved water rights ,nothing in this title limits or expands any existing or claimed reserved water rights of the ,federal ,government on land administered by the ,secretary of the ,interior or the ,secretary of ,agriculture4 7e7 ,effect on federal power act ,nothing in this title limits or expands authorities under sections #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7f7 ,effect on ,indian water rights ,nothing in this title limits or expands any water right or treaty right of any federally recognized ,indian tribe4 ,july #ac1 #bjae ,reported from the ,committee on ,natural ,resources with an amendment ,july #ac1 #bjae ,the ,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed