,,ii #aadth ,,congress #b;d ,session ,s4 #becc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aj1 #bjaf ,mrs4 ,feinstein introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide short-term water supplies to drought-stricken ,california and provide for long-term investments in drought resiliency throughout the ,western ,united ,states4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,california ,long-,term ,provisions for ,water ,supply and ,short-,term ,provisions for ,emergency ,drought ,relief ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purposes4 ,sec4 #c4 ,findings4 ,sec4 #d4 ,definitions4 ,,title ,i--,long-term improvements for western ,states subject to drought ,subtitle ,a--,assistance for drought-,stricken communities ,sec4 #aja4 ,assistance for drought-stricken communities and ,water,s,m,a,r,t reauthorization4 ,sec4 #ajb4 ,utilizing ,state revolving funds for areas with inadequate water supplies4 ,subtitle ,b--,storage provisions ,sec4 #aaa4 ,definitions4 ,sec4 #aab4 ,water storage project construction4 ,sec4 #aac4 ,reservoir operation improvement4 ,sec4 #aad4 ,findings4 ,sec4 #aae4 ,studies4 ,sec4 #aaf4 ,losses caused by construction and operation of water storage projects4 ,subtitle ,c--,desalination1 water reuse and recycling1 and conservation ,sec4 #aba4 ,water recycling and desalination projects4 ,sec4 #abb4 ,reauthorization of ,water ,desalination ,act4 ,sec4 #abc4 ,new water recycling and reuse projects4 ,sec4 #abd4 ,promoting water efficiency with ,water,sense4 ,subtitle ,d--,reclamation infrastructure finance and innovation ,sec4 #aca4 ,purposes4 ,sec4 #acb4 ,definitions4 ,sec4 #acc4 ,authority to provide assistance4 ,sec4 #acd4 ,applications4 ,sec4 #ace4 ,eligibility for assistance4 ,sec4 #acf4 ,determination of eligibility and project selection4 ,sec4 #acg4 ,secured loans4 ,sec4 #ach4 ,program administration4 ,sec4 #aci4 ,state and local permits4 ,sec4 #adj4 ,regulations4 ,sec4 #ada4 ,funding4 ,,title ,,ii--,listed species and wildlife ,sec4 #bja4 ,actions to benefit endangered fish populations4 ,sec4 #bjb4 ,actions to benefit refuges4 ,sec4 #bjc4 ,non-,federal program to protect native anadromous fish in ,stanislaus ,river4 ,sec4 #bjd4 ,pilot projects to implement ,,calfed invasive species program4 ,,title ,,iii--,california emergency drought relief and operational flexibility ,sec4 #cja4 ,taking into account increased real-time monitoring and updated science4 ,sec4 #cjb4 ,emergency operations4 ,sec4 #cjc4 ,temporary operational flexibility to capture peak flows from winter storms4 ,sec4 #cjd4 ,emergency environmental reviews4 ,sec4 #cje4 ,level of detail required for analysis4 ,,title ,,iv--,water rights ,sec4 #dja4 ,offset for ,state ,water ,project4 ,sec4 #djb4 ,area of origin and water rights protections4 ,sec4 #djc4 ,no redirected adverse impacts4 ,sec4 #djd4 ,allocations for ,sacramento ,valley water service contractors4 ,,title ,v--,miscellaneous provisions ,sec4 #eja4 ,authorized service area4 ,sec4 #ejb4 ,oversight over and public input into ,restoration ,fund activities4 ,sec4 #ejc4 ,basin studies4 ,sec4 #ejd4 ,technical and modeling assistance4 ,sec4 #eje4 ,report on results of water usage4 ,sec4 #ejf4 ,additional storage at ,new ,melones4 ,sec4 #ejg4 ,contracting authorities4 ,sec4 #ejh4 ,voluntary open water data system4 ,sec4 #eji4 ,single annual report4 ,,title ,,vi--,offsets ,sec4 #fja4 ,deauthorization of inactive projects4 ,sec4 #fjb4 ,accelerated revenue1 repayment1 and surface water storage enhancement4 ,,title ,,vii--,duration and effect on existing obligations ,sec4 #gja4 ,savings clause4 ,sec4 #gjb4 ,termination4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to help communities most at risk of running out of clean water2 7#b7 to provide funding and support for long-term solutions including water storage1 desalination and recycling2 7#c7 to protect threatened and endangered species2 and 7#d7 to facilitate the movement of water to communities most in need while adhering to all environmental laws4 #c4 ,findings ,congress finds that-- 7#a7 ,california is experiencing one of the most severe droughts on record1 with the snowpack at the lowest levels in #ejj years2 7#b7 ,governor ,jerry ,brown declared a drought state of emergency on ,january #ag1 #bjad1 and subsequently imposed strict water reductions on communities throughout the ,state2 7#c7 the drought constitutes a serious emergency that poses immediate and severe risks to-- 7,a7 human health and safety2 7,b7 economic security2 and 7,c7 the environment2 7#d7 wells that provide households with clean water have dried up due to #d consecutive years of drought1 with approximately #b1eia domestic wells statewide identified as critical or dry1 affecting an estimated #ab1iee residents1 many in the ,central ,valley2 7#e7 rural and disadvantaged communities have been hardest hit1 placing great strain on drinking water supplies in the ,southern ,san ,joaquin ,valley-- 7,a7 #fi communities in ,southern ,san ,joaquin ,valley have reported significant water supply and quality issues2 and 7,b7 ,east ,porterville is particularly hard hit1 with #dj percent1 or #c1jjj1 of its residents1 without running water2 7#f7 the ,state of ,california's water supplies are at record-low levels1 as indicated by the fact that major ,central ,valley ,project reservoir levels were anywhere from #cj percent to #gi percent of their historical average as of ,february #h1 #bjaf2 7#g7 while storage levels are below their historical averages1 snowpack is the deepest it's been since #bjje1 the ,state of ,california's ,department of ,water ,resources found in its survey conducted on ,february #b1 #bjaf1 that the snow-water equivalent 7the amount of water in the snowpack7 was #acj percent above the ,february average2 7#h7 the drought has resulted in many lost jobs including more than #ba1jjj seasonal and part-time agricultural jobs--resulting in a #aj4i percent unemployment rate in the ,central ,valley1 double the statewide unemployment rate of #e4g percent1 as of ,december #ae1 #bjae2 7#i7 thousands of families have been affected1 placing ever greater demands on food banks and other relief organizations1 and as of ,december #ba1 #bjae-- 7,a7 the ,california ,department of ,social ,services ,drought ,food ,assistance ,program has provided more than #a1jjj1jjj boxes to food banks in affected communities with high levels of unemployment2 and 7,b7 nearly #gb percent of the food distributions have occurred in the ,tulare ,basin counties of ,fresno1 ,kern1 ,kings1 and ,tulare2 7#aj7 #bjae statewide economic costs are estimated at #b1gjj1jjj1jjj1 including but not limited to-- 7,a7 the loss of #ijj1jjj1jjj in crop revenue2 7,b7 the loss of #cej1jjj1jjj in dairy and other livestock value2 and 7,c7 an increase of #eij1jjj1jjj in groundwater pumping costs2 7#aa7 #a1jcb1ejh acres in ,california's ,central ,valley were fallowed in #bjae1 a #fbf1eab acre increase from #bjaa2 7#ab7 the drought is imperiling ,california's forests1 which provide important ecological1 economic1 and cultural benefits to the ,state1 and among the effects of the drought-- 7,a7 loss of #ej1jjj1jjj large trees due to stress from lack of water2 7,b7 #hhh1jjj1jjj trees1 covering #bf1jjj1jjj acres of ,california forest land1 experienced losses of canopy cover since #bjaa1 threatening ecosystem destruction and loss of animal habitat2 and 7,c7 #f1ccg fires covering #cjg1eih acres occurred in #bjae2 7#ac7 fish continue to be threatened by the extended drought1 compounding effects on two endangered species1 further reducing river flows and increasing water temperatures-- 7,a7 ,delta smelt abundance are at a historic low1 as evidenced by long-term monitoring surveys2 and 7,b7 the abundance of the last remaining population of wild ,sacramento ,river winter run ,chinook salmon continue to decline1 with mortality rates between #ie percent and #ig percent over the past #b years1 according to the ,national ,oceanic and ,atmospheric ,administration2 7#ad7 wildlife has also been affected1 with ,level #b water deliveries to wildlife refuges under the ,central ,valley ,project ,improvement ,act reduced by #be percent in the north-of-,delta region and #ce percent in the south-of-,delta region1 and delivery schedules shortened to only the winter months1 and-- 7,a7 these reduced water supplies have contributed to a decline of the ,pacific ,flyway1 a migratory route for waterfowl that spans from ,alaska to ,south ,america2 7,b7 the reduction in water supplies has led to a significant decline in flooded rice fields1 a vital habitat for migratory birds4 ,only one-third of the usual acres of rice fields were flooded in #bjae2 and 7,c7 the reduction of available habitat for migratory waterfowl contributed to a decreased food availability in wildlife refuges and an increased risk of disease due to overcrowding of birds2 7#ae7 subsidence in ,california is occurring at more than #ab inches per year1 caused in part by an increase in groundwater pumping of more than #f1jjj1jjj acre feet1 some areas in the ,central ,valley have sunk as much as #b inches per month1 and the damage from subsidence is wide-ranging-- 7,a7 roads1 bridges1 building foundations1 pipelines1 canals1 dams1 and other infrastructure has been damaged2 7,b7 vital aquifers have been depleted2 7,c7 vital levees have sustained cracks and ruptures2 and 7,d7 shallow aquifers have become vulnerable to contamination as surface water infiltrates through fissures in the soil2 7#af7 the ,california ,department of ,water ,resources identified #ba groundwater basins where excessive groundwater pumping has resulted in overdraft1 #aa of which are in the ,san ,joaquin ,valley2 7#ag7 ,california homes1 cities1 wildlife1 businesses and farming need more water than is available today1 particularly in the ,san ,joaquin ,valley2 7#ah7 ,congress recognizes that providing more water to those who need it most will require science-based management of water supplies and fish and wildlife resources1 including-- 7,a7 alternative management strategies1 such as removing nonnative species1 enhancing habitat1 monitoring fish movement and location in real-time1 and improving water quality in the ,delta1 which could contribute significantly to protecting and recovering those endangered fish species1 and at potentially lower costs to water supplies than solely focusing on restrictions on water exports2 and 7,b7 updated science and improved monitoring tools that provide ,federal and ,state agencies with better information about conditions and operations that may or may not lead to high salvage events that jeopardize fish populations2 and 7#ai7 given the dire effects outlined above and the potential for continued harm1 this emergency requires-- 7,a7 immediate and credible action that takes into account the complexity and importance of the water system to the ,state2 and 7,b7 policies that do not position stakeholders against one another1 which in the past has led to costly litigation that benefits no one and prevents any real solutions4 #d4 ,definitions ,in this ,act3 7#a7 ,assistant ,administrator ,the term ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,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#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#d7 ,delta ,the term ,delta means the ,sacramento-,san ,joaquin ,delta and the ,suisun ,marsh 7as defined in section #abbbj of the ,california ,water ,code and section #biaja of the ,california ,public ,resources ,code 7as in effect on the date of enactment of this ,act774 7#e7 ,delta smelt ,the term ,delta smelt means the fish species with the scientific name ,hypomesus transpacificus4 7#f7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#g7 ,listed fish species ,the term listed fish species means-- 7,a7 any natural origin steelhead1 natural origin genetic spring run ,chinook1 or genetic winter run ,chinook salmon 7including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment72 and 7,b7 ,delta smelt4 7#h7 ,,omr ,the term ,,omr means the ,old and ,middle ,river in the ,delta4 7#i7 ,,omr flow ,the term ,,omr flow means ,old and ,middle ,river flow of any given measurement1 expressed in cubic feet per second1 as described in-- 7,a7 the smelt biological opinion2 and 7,b7 the salmonid biological opinion4 7#aj7 ,reclamation ,state ,the term ,reclamation ,state means any of the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,idaho2 7,e7 ,kansas2 7,f7 ,montana2 7,g7 ,nebraska2 7,h7 ,nevada2 7,i7 ,new ,mexico2 7,j7 ,north ,dakota2 7,k7 ,oklahoma2 7,l7 ,oregon2 7,m7 ,south ,dakota2 7,n7 ,texas2 7,o7 ,utah2 7,p7 ,washington2 and 7,q7 ,wyoming4 7#aa7 ,salmonid biological opinion 7,a7 ,in general ,the term salmonid biological opinion means the biological and conference opinion of the ,national ,marine ,fisheries ,service dated ,june #d1 #bjji1 regarding the long-term operation of the ,central ,valley ,project and the ,state ,water ,project1 and successor biological opinions4 7,b7 ,inclusions ,the term salmonid biological opinion includes the operative incidental take statement of the opinion described in subparagraph 7,a74 7#ab7 ,smelt biological opinion 7,a7 ,in general ,the term smelt biological opinion means the biological opinion dated ,december #ae1 #bjjh1 regarding the coordinated operation of the ,central ,valley ,project and the ,state ,water ,project1 and successor biological opinions4 7,b7 ,inclusions ,the term smelt biological opinion includes the operative incidental take statement of the opinion described in subparagraph 7,a74 7#ac7 ,state ,water ,project ,the term ,state ,water ,project means the water project described in chapter #e of part #c of division #f of the ,california ,water ,code 7sections #aaeej et seq47 7as in effect on the date of enactment of this ,act7 and operated by the ,california ,department of ,water ,resources4 ,i ,long-term improvements for western ,states subject to drought ,a ,assistance for drought-,stricken communities #aja4 ,assistance for drought-stricken communities and ,water,s,m,a,r,t reauthorization 7a7 ,findings ,congress finds that-- 7#a7 across the ,united ,states1 more than #ij percent of the community water systems serve populations of less than #aj1jjj individuals2 7#b7 the number of dry wells continues to increase as the ,state of ,california entered the fourth consecutive summer of drought1 with approximately #b1eia wells statewide identified as critical or dry1 which affected an estimated #ab1iee residents1 with #b1ddd of the #b1ejb of the dry wells concentrated in the inland regions within the ,central ,valley2 7#c7 many areas of the ,state of ,california are disproportionately impacted by drought because the areas are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated2 and 7#d7 those communities throughout the ,state of ,california have been impacted by the presence of naturally occurring arsenic in the groundwater among other contaminants1 as a result of higher concentration of contaminants in the water4 7b7 ,amendment ,section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 is amended-- 7#a7 by redesignating subsections 7b7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,water storage1 integrated regional water management1 reclamation1 and recycling projects 7#a7 ,in general ,the ,secretary of the ,interior is authorized to enter into cost shared financial assistance and other long-term agreements with non-,federal participants to advance the planning1 design1 and construction of non-,federal permanent water storage and conveyance facilities1 projects for the reclamation and reuse of municipal1 industrial1 domestic and agricultural wastewater1 and naturally impaired ground and surface waters1 groundwater recharge1 and other water management improvement projects for which the ,secretary of the ,interior is authorized under this subtitle to assist an applicant in the planning1 design1 and construction4 7#b7 ,authority to provide assistance ,the ,secretary of the ,interior may provide financial assistance under this subtitle to carry out projects within-- 7,a7 any ,reclamation ,state1 including-- 7i7 ,arizona2 7ii7 ,california2 7iii7 ,colorado2 7iv7 ,idaho2 7v7 ,kansas2 7vi7 ,montana2 7vii7 ,nebraska2 7viii7 ,nevada2 7ix7 ,new ,mexico2 7x7 ,north ,dakota2 7xi7 ,oklahoma2 7xii7 ,oregon2 7xiii7 ,south ,dakota2 7xiv7 ,texas2 7xv7 ,utah2 7xvi7 ,washington2 and 7xvii7 ,wyoming2 and 7,b7 the ,states of ,alaska and ,hawaii4 7#c7 ,priority ,in providing financial assistance under this section1 the ,secretary of the ,interior shall give priority to storage1 conveyance1 and water management improvement projects that-- 7,a7 ensure the efficient and beneficial use of water or reuse of recycled water2 7,b7 use integrated and coordinated water management on a watershed or regional scale2 7,c7 increase the availability of usable water supplies in a watershed or region to benefit individuals1 the economy1 and the environment and include adaptive measures needed to address climate change and future demands2 7,d7 where practicable1 provide flood control or recreation benefits and include the development of incremental hydroelectric power generation2 and 7,e7 generate environmental benefits1 such as benefits to fisheries1 wildlife and habitat1 water quality1 water-dependent ecological systems1 and water supply benefits to agricultural and urban water users4 7#d7 ,federal cost share ,the ,federal share of the cost of a project under this subsection shall be-- 7,a7 an amount equal to the lesser of-- 7i7 #be percent of total costs2 and 7ii7 #bj1jjj1jjj 7adjusted for inflation72 and 7,b7 nonreimbursable4 7#e7 ,in-kind contributions ,the non-,federal share of the cost of a project under this subsection may include in-kind contributions to the planning1 design1 and construction of the project4 7#f7 ,title2 operation and maintenance costs ,the non-,federal entity entering into a financial assistance agreement under this subsection shall-- 7,a7 hold title in and to all facilities constructed under this subsection2 and 7,b7 be solely responsible for the costs of operating and maintaining those facilities4 2 and 7#c7 in subsection 7f7 7as redesignated by paragraph 7#a771 by striking #cej1jjj1jjj and inserting #ejj1jjj1jjj4 7c7 ,amendment ,section #iejh of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfh7 is amended-- 7#a7 by redesignating subsections 7b7 through 7e7 as subsections 7c7 through 7f71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,additional assistance for communities without access to adequate water 7#a7 ,in general ,to assist disadvantaged communities that have experienced a significant decline in quantity or quality of drinking water1 and to obtain or maintain adequate quantities of water that meet the standards set by the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,secretary of the ,interior is authorized to provide grants for communities-- 7,a7 that are unable to meet the primary water quality standards under that ,act2 or 7,b7 the local private or public water supply of which has been lost or severely diminished due to drought conditions4 7#b7 ,eligible communities ,to be eligible to receive a grant under this subsection1 a community shall carry out a project described in paragraph 7#c71 the service area of which-- 7,a7 shall not be located in any city or town with a population of more than #fj1jjj residents2 and 7,b7 has a median household income of less than #ajj percent of the nonmetropolitan median household income of the ,state4 7#c7 ,eligible projects ,projects eligible for this program may be used for-- 7,a7 emergency water supplies2 7,b7 point of use treatment and point of entry systems2 7,c7 distributed treatment facilities2 7,d7 construction of new water source facilities including wells and connections to existing systems2 7,e7 water distribution facilities2 7,f7 connection fees to existing systems2 7,g7 assistance to households to connect to water facilities2 and 7,h7 any combination of activities described in subparagraphs 7,a7 through 7,g74 7#d7 ,prioritization ,in determining priorities for funding projects1 the ,secretary of the ,interior shall take into consideration-- 7,a7 where water outages-- 7i7 are most serious2 and 7ii7 pose the greatest threat to public health and safety2 and 7,b7 whether the applicant has the ability to qualify for alternative funding sources4 7#e7 ,maximum amount ,the amount of a grant provided under this section may be made up to #ajj percent of costs1 including-- 7,a7 initial operation costs incurred for start-up and testing of project facilities2 7,b7 components to ensure such facilities and components are properly operational2 and 7,c7 costs of operation or maintenance incurred subsequent to placing the facilities or components into service4 4 #ajb4 ,utilizing ,state revolving funds for areas with inadequate water supplies 7a7 ,in general ,for the #e-year period beginning on the date of enactment of this ,act1 in allocating amounts to ,california from the ,clean ,water ,state ,revolving ,fund established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and the ,drinking ,water ,state ,revolving ,fund established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 for any project eligible to receive assistance under section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 or section #adeb7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b771 respectively1 that the ,state of ,california determines will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought1 the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 require the ,state of ,california to review and prioritize funding2 7#b7 make a finding on any request for a waiver received from the ,state of ,california by not later than #cj days after the date of conclusion of the informal public comment period pursuant to section #dcf7;c7 of division ,g of ,public ,law #aac-gf 7#abh ,stat4 #cdg72 and 7#c7 authorize1 at the request of the ,state of ,california1 #dj-year financing for assistance under section #fjc7;d77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;d77#b77 or section #adeb7;f77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;f77#b771 as applicable4 7b7 ,effect of section ,nothing in this section authorizes the ,administrator of the ,environmental ,protection ,agency to modify any funding allocation1 funding criteria1 or other requirement relating to ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 or the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 for any ,state other than ,california4 ,b ,storage provisions #aaa4 ,definitions ,in this subtitle3 7#a7 ,federally owned storage project ,the term federally owned storage project means any project involving a surface water storage facility in a ,reclamation ,state-- 7,a7 to which the ,united ,states holds title2 and 7,b7 that was authorized to be constructed1 operated1 and maintained pursuant to the reclamation laws4 7#b7 ,state-led storage project ,the term ,state-led storage project means any project in a ,reclamation ,state that-- 7,a7 involves a groundwater or surface water storage facility constructed1 operated1 and maintained by any ,state1 department of a ,state1 subdivision of a ,state1 or public agency organized pursuant to ,state law2 and 7,b7 provides a benefit in meeting any obligation under ,federal law 7including regulations74 #aab4 ,water storage project construction 7a7 ,federally owned storage projects 7#a7 ,agreements ,on the request of any ,state1 any department1 agency1 or subdivision of a ,state1 or any public agency organized pursuant to ,state law1 the ,secretary of the ,interior may negotiate and enter into an agreement on behalf of the ,united ,states for the design1 study1 and construction or expansion of any federally owned storage project in accordance with this section4 7#b7 ,federal cost share ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in a federally owned storage project in an amount equal to not more than #ej percent of the total cost of the federally owned storage project4 7#c7 ,commencement ,the construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the ,secretary of the ,interior-- 7,a7 determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws2 7,b7 secures an agreement providing upfront funding as is necessary to pay the non-,federal share of the capital costs2 and 7,c7 determines that1 in return for the ,federal cost-share investment in the federally owned storage project1 at least a proportionate share of the project benefits are ,federal benefits1 including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges4 7#d7 ,environmental laws ,in participating in a federally owned storage project under this subsection1 the ,secretary of the ,interior shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,state-,led storage projects 7#a7 ,in general ,subject to the requirements of this subsection1 the ,secretary of the ,interior may participate in a ,state-led storage project in an amount equal to not more than #be percent of the total cost of the ,state-led storage project4 7#b7 ,request by ,governor ,participation by the ,secretary of the ,interior in a ,state-led storage project under this subsection shall not occur unless-- 7,a7 the participation has been requested by the ,governor of the ,state in which the ,state-led storage project is located2 7,b7 the ,state or local sponsor determines1 and the ,secretary of the ,interior concurs1 that-- 7i7 the ,state-led storage project is technically and financially feasible2 7ii7 sufficient non-,federal funding is available to complete the ,state-led storage project2 and 7iii7 the ,state-led storage project sponsors are financially solvent2 7,c7 the ,secretary of the ,interior determines that1 in return for the ,federal cost-share investment in the ,state-led storage project1 at least a proportional share of the project benefits are the ,federal benefits1 including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges2 and 7,d7 the ,secretary of the ,interior submits to ,congress a written notification of these determinations4 7#c7 ,environmental laws ,when participating in a ,state-led storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,information ,when participating in a ,state-led storage project under this subsection1 the ,secretary of the ,interior-- 7,a7 may rely on reports prepared by the sponsor of the ,state-led storage project1 including feasibility 7or equivalent7 studies1 environmental analyses1 and other pertinent reports and analyses2 but 7,b7 shall retain responsibility for making the independent determinations described in paragraph 7#b74 7c7 ,authority ,to provide assistance ,the ,secretary of the ,interior may provide financial assistance under this subtitle to carry out projects within any ,reclamation ,state1 including-- 7#a7 ,arizona2 7#b7 ,california2 7#c7 ,colorado2 7#d7 ,idaho2 7#e7 ,kansas2 7#f7 ,montana2 7#g7 ,nebraska2 7#h7 ,nevada2 7#i7 ,new ,mexico2 7#aj7 ,north ,dakota2 7#aa7 ,oklahoma2 7#ab7 ,oregon2 7#ac7 ,south ,dakota2 7#ad7 ,texas2 7#ae7 ,utah2 7#af7 ,washington2 and 7#ag7 ,wyoming4 7d7 ,rights ,to use capacity ,subject to compliance with ,state water rights laws1 the right to use the capacity of a federally owned storage project or ,state-led storage project for which the ,secretary of the ,interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the ,secretary of the ,interior and each other party to the agreement4 7e7 ,compliance with ,california water bond 7#a7 ,in general ,the provision of ,federal funding for construction of a ,state-led storage project in the ,state shall be subject to the condition that the ,california ,water ,commission shall determine that the ,state-led storage project is consistent with the ,california ,water ,quality1 ,supply1 and ,infrastructure ,improvement ,act1 approved by ,california voters on ,november #d1 #bjad4 7#b7 ,applicability ,this subsection expires on the date on which ,state bond funds available under the ,act referred to in paragraph 7#a7 are expended4 7f7 ,partnership and agreements ,the ,secretary of the ,interior1 acting through the ,commissioner1 may partner or enter into an agreement regarding the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply1 ,reliability1 and ,environmental ,improvement ,act 7,public ,law #ajh-cfa2 #aah ,stat4 #afhh7 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 7g7 ,,calfed authorization ,title ,i of ,public ,law #ajh-cfa 7the ,calfed ,bay-,delta ,authorization ,act7 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab7 7as amended by section #bjg of ,public ,law #aad-aac7 is amended by striking #bjag each place it appears and inserting #bjai4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #fjj1jjj1jjj to remain available until expended4 7#b7 ,eligibility ,only a federally owned storage project or ,state-led storage project that has been determined by the ,secretary of the ,interior to meet the eligibility criteria described in subsections 7a7 and 7b7 shall be eligible to receive funding under this section4 7i7 ,sunset ,this section shall apply only to federally owned storage projects and ,state-led storage projects that the ,secretary of the ,interior determines to be feasible before ,january #a1 #bjba4 7j7 ,consistency with ,state law ,nothing in this section preempts or modifies any obligation of the ,united ,states to act in conformance with applicable ,state law4 #aac4 ,reservoir operation improvement 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,army shall submit to the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate and the ,committees on ,appropriations and ,transportation and ,infrastructure of the ,house of ,representatives a report describing1 with respect to any ,state under a gubernatorial drought declaration during water year #bjae1 the following3 7#a7 ,a list of ,corps of ,engineer projects and non-,federal projects operated for flood control in accordance with rules prescribed by the ,secretary of the ,army pursuant to section #g of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd 7#eh ,stat4 #hij1 chapter #ffe774 7#b7 ,the year during which the original water control manual was approved4 7#c7 ,the year during which any subsequent revisions to the water control plan and manual of the project are proposed to occur4 7#d7 ,a list of projects for which operational deviations for drought contingency have been requested1 and the status of the request4 7#e7 ,the means by which water conservation and water quality improvements were addressed4 7#f7 ,a list of projects for which permanent or seasonal changes to storage allocations have been requested1 and the status of the request4 7b7 ,project identification ,not later than #fj days after the date of completion of the report under subsection 7a71 the ,secretary of the ,army shall identify any projects described in the report that meet the following criteria3 7#a7 ,the project is located in a ,state in which a drought emergency has been declared or was in effect during the #a-year period preceding the date of final review by the ,secretary4 7#b7 ,the water control manual and hydrometeorological information establishing the flood control rule curves of the project are considered out of date as a result of not being updated for a period of #bj years4 7#c7 ,a non-,federal sponsor of a ,corps of ,engineers project1 or owner of a non-,federal project1 as applicable1 has submitted to the ,secretary a written request to revise water operations manuals1 including flood control rule curves1 based on the use of improved weather forecasting or run-off forecasting methods1 new watershed data1 changes to project operations1 or structural improvements4 7c7 ,pilot projects 7#a7 ,in general ,not later than #a year after the date of identification of projects under subsection 7b71 if any1 the ,secretary of the ,army shall carry out not more than #ae pilot projects1 including not less than #f non-,federal projects 7within the meaning of subsection 7a77#a771 if any are identified under subsection 7b71 to implement revisions of water operations manuals1 including flood control rule curves1 based on the best available science1 which may include-- 7,a7 forecast-informed operations2 7,b7 new watershed data2 and 7,c7 if applicable1 in the case of non-,federal projects1 structural improvements4 7#b7 ,consultation ,in implementing the pilot projects pursuant to this subsection1 the ,secretary of the ,army shall consult with all affected interests1 including-- 7,a7 non-,federal entities responsible for operations and maintenance costs of a ,corps of ,engineers facility2 7,b7 affected water rights holders2 7,c7 individuals and entities with storage entitlements2 and 7,d7 local agencies with flood control responsibilities downstream of a ,corps of ,engineers facility4 7d7 ,coordination with non-,federal project entities ,before carrying out an activity under this section1 if a project identified under subsection 7b7 is-- 7#a7 a non-,federal project1 the ,secretary of the ,army shall-- 7,a7 consult with the non-,federal project owner2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with the non-,federal project owner describing the scope and goals of the activity and the coordination among the parties2 or 7#b7 owned and operated by the ,corps of ,engineers1 the ,secretary of the ,army shall-- 7,a7 consult with each non-,federal entity 7including a municipal water district1 irrigation district1 joint powers authority1 or other local governmental entity7 that currently-- 7i7 manages 7in whole or in part7 a ,corps of ,engineers dam or reservoir2 or 7ii7 is responsible for operations and maintenance costs2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with each the entity describing the scope and goals of the activity and the coordination among the parties4 7e7 ,consideration ,in designing and implementing a forecast-informed reservoir operations plan1 the ,secretary of the ,army shall work closely with the ,national ,oceanic and ,atmospheric ,administration and may consider-- 7#a7 the relationship between ocean and atmospheric conditions1 including the ,el ,nio and ,la ,nia cycles1 and the potential for above-normal1 normal1 and below-normal rainfall for the coming water year1 including consideration of atmospheric river forecasts2 7#b7 the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir1 including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff2 7#c7 improved hydrologic forecasting for precipitation1 snowpack1 and soil moisture conditions2 7#d7 an adjustment of operational flood control rule curves to optimize water supply storage and reliability1 hydropower production1 environmental benefits for flows and temperature1 and other authorized project benefits1 without a reduction in flood safety2 and 7#e7 proactive management in response to changes in forecasts4 7f7 ,funding 7#a7 ,definition of operational document ,in this subsection1 the term operational document means-- 7,a7 a water control plan2 7,b7 a water control manual2 7,c7 a water control diagram2 7,d7 a release schedule2 7,e7 a rule curve2 7,f7 an operational agreement with a non-,federal entity2 and 7,g7 any environmental documentation associated with a document described in any of subparagraphs 7,a7 through 7,f74 7#b7 ,acceptance and use ,the ,secretary of the ,army may accept and expend amounts from non-,federal entities to fund all or a portion of the cost of carrying out a review or revision of operational documents for any reservoir that is either operated or maintained by the ,secretary1 or for which the ,secretary is authorized to prescribe regulations or otherwise advise or consult concerning the use of storage allocated for flood risk management or navigation4 7g7 ,effect of manual revisions and other provisions 7#a7 ,manual revisions ,in accordance with all applicable laws1 a revision of a manual shall not interfere with-- 7,a7 the authorized purposes of a ,corps of ,engineers project2 or 7,b7 the existing purposes of a non-,federal project that is regulated for flood control by the ,secretary of the ,army4 7#b7 ,effect 7,a7 ,act ,nothing in this ,act authorizes the ,secretary of the ,army to carry out1 at a ,corps of ,engineers or non-,federal dam or reservoir1 any project or activity for a purpose not otherwise authorized as of the date of enactment of this ,act4 7,b7 ,section ,nothing in this section-- 7i7 affects or modifies any obligation of the ,secretary of the ,army under ,state law2 or 7ii7 authorizes the diversion or use of water in a manner that is inconsistent with ,state water rights law4 7#c7 ,bureau of ,reclamation projects excluded ,this section shall not apply to any dam or reservoir owned by the ,bureau of ,reclamation4 7h7 ,modifications to manuals and curves ,not later than #ahj days after the date of completion of a modification to an operations manual or flood control rule curve1 the ,secretary of the ,army shall submit to ,congress a report regarding the components of the forecast-based reservoir operations plan incorporated into the change4 #aad4 ,findings ,congress finds that-- 7#a7 the record drought conditions being experienced in the ,state of ,california as of the date of enactment of this ,act are-- 7,a7 expected to recur in the future2 and 7,b7 likely to do so with increasing frequency2 7#b7 water storage is an indispensable and integral part of any solution to address the long-term water challenges of the ,state of ,california2 7#c7 ,congress has authorized relevant feasibility studies for #e water storage projects in the ,state of ,california1 including projects for-- 7,a7 enlargement of ,shasta ,dam in ,shasta ,county under section #b7;a7 of ,public ,law #if-cge 7#id ,stat4 #aejf71 as reaffirmed under section #ajc7;d77#a77;,a77i77,i7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,b7 enlargement of ,los ,vaqueros ,reservoir in ,contra ,costa ,county under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77i77,,ii7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,c7 construction of ,north-of-,delta ,offstream ,storage 7,sites ,reservoir7 in ,colusa ,county under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77ii77,i7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 7,d7 construction of the ,upper ,san ,joaquin ,river storage 7,temperance ,flat7 in ,fresno and ,madera ,counties under section #bae of ,public ,law #ajh-g 7#aag ,stat4 #adg71 as reaffirmed under section #ajc7;d77#a77;,a77ii77,,ii7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd72 and 7,e7 expansion of ,san ,luis ,reservoir under section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid72 7#d7 as of the date of enactment of this ,act1 more than #aj years have elapsed since the authorization of the feasibility studies referred to in paragraph 7#c71 but for a variety of reasons the slow pace of work on completion of the feasibility studies for those #e water storage projects is unjustified and of deep concern2 and 7#e7 there is significant public interest in1 and urgency with respect to1 completing all feasibility studies and environmental reviews for the water storage projects referred to in paragraph 7#c71 given the critical need for that infrastructure to address current and future water challenges of the ,state of ,california4 #aae4 ,studies ,the ,secretary of the ,interior1 acting through the ,commissioner1 shall-- 7#a7 complete the ,upper ,san ,joaquin ,river 7,temperance ,flat7 feasibility study described in clause 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit the study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,march #ca1 #bjaf2 7#b7 complete the ,los ,vaqueros ,reservoir feasibility study described in clause 7i77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit the study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#c7 complete the ,north-of-,delta ,offstream ,storage 7,sites ,reservoir7 feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit the study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjag2 7#d7 complete the ,san ,luis ,reservoir feasibility study described in section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 and submit the study to the appropriate ,committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjag2 7#e7 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 enactment of this ,act and every #ahj days thereafter until ,december #ca1 #bjag1 as applicable1 which report shall include timelines for study completion1 draft environmental impact statements1 final environmental impact statements1 and records of decision2 7#f7 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 compliance if the ,secretary of the ,interior determines in any feasibility study required under this subsection1 reclamation laws1 the ,central ,valley ,project ,improvement ,act 7,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 that the project is not feasible2 7#g7 include information required in paragraph 7#g7 in the feasibility studies issued pursuant paragraphs 7#a7 through 7#e71 as applicable2 and 7#h7 communicate1 coordinate1 and cooperate with public water agencies that-- 7,a7 contract with the ,united ,states for ,central ,valley ,project water2 and 7,b7 are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section4 #aaf4 ,losses caused by construction and operation of water storage projects ,the ,secretary of the ,interior1 in consultation with other appropriate agencies1 shall establish a process to address direct and substantial impacts caused by any storage projects identified under section #aae4 ,c ,desalination1 water reuse and recycling1 and conservation #aba4 ,water recycling and desalination projects 7a7 ,findings ,congress finds that-- 7#a7 ,federal funding to support water recycling and desalination projects in recent years has been insufficient to address water supply needs in many regions across the ,united ,states2 7#b7 climate variability and drought resiliency require additional water supply projects to cope with higher probabilities of longer1 more intense droughts2 7#c7 the historic drought in the ,state of ,california highlights the necessity of long-term projects to address a changing climate2 7#d7 the ,california ,water ,plan and surveys conducted by the ,national ,association of ,clean ,water ,agencies1 the ,water ,reuse ,association1 the ,association of ,california ,water ,agencies1 the ,western ,recycled ,water ,coalition1 and the ,california ,association of ,sanitation ,agencies led to the identification of #acg water recycling and desalination projects capable of producing #a1dab1gii acre-feet of new water supplies if sufficient funding or financing tools existed to facilitate development of the projects2 7#e7 there exists a ,federal interest in the projects referred to in paragraph 7#d7 to the extent that the projects can-- 7,a7 diversify water supplies2 7,b7 reduce conflicts hindering existing ,federal reclamation efforts on the ,colorado ,river and around the ,delta2 and 7,c7 advance technologies which reduce the cost and improve the efficiency of water desalination projects2 and 7#f7 this ,act will enable ,federal support for desalination projects1 including the projects referred to in paragraph 7#d7 and others by providing ,federal cost-share grants1 through the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq471 and the ,water,s,m,a,r,t program of the ,department of the ,interior1 and by making low-cost loans or loan guarantees available under subtitle ,d4 7b7 ,water recycling projects ,on submission of a completed feasibility report in accordance with ,bureau of ,reclamation standards1 the ,secretary of the ,interior shall review requests for water recycling project funding assistance and1 subject to the availability of appropriations1 award funding1 on a competitive basis1 for projects that meet the eligibility requirements of this title1 subject to the condition that the ,secretary shall include among the projects reviewed watercycling projects sponsored by any of the following3 7#a7 ,bear ,valley ,community ,services ,district4 7#b7 ,beaumont ,cherry ,valley ,water ,district4 7#c7 ,burbank ,water and ,power4 7#d7 ,cambria ,community ,services ,district4 7#e7 ,central ,contra ,costa ,sanitary ,district4 7#f7 ,city of ,american ,canyon4 7#g7 ,city of ,benicia4 7#h7 ,city of ,brentwood4 7#i7 ,city of ,camarillo4 7#aj7 ,city of ,carlsbad 7,municipal ,water ,district74 7#aa7 ,city of ,corona ,department of ,water and ,power4 7#ab7 ,city of ,daly ,city4 7#ac7 ,city of ,del ,mar4 7#ad7 ,city of ,escondido4 7#ae7 ,city of ,fresno4 7#af7 ,city of ,hayward4 7#ag7 ,city of ,los ,angeles 7,bureau of ,sanitation and ,department of ,water and ,power74 7#ah7 ,city of ,modesto4 7#ai7 ,city of ,morro ,bay4 7#bj7 ,city of ,mountain ,view4 7#ba7 ,city of ,oceanside4 7#bb7 ,city of ,palo ,alto4 7#bc7 ,city of ,paso ,robles4 7#bd7 ,city of ,pismo ,beach4 7#be7 ,city of ,pleasanton4 7#bf7 ,city of ,poway4 7#bg7 ,city of ,redwood ,city4 7#bh7 ,city of ,riverside4 7#bi7 ,city of ,roseville4 7#cj7 ,city of ,sacramento4 7#ca7 ,city of ,san ,bernardino4 7#cb7 ,city of ,san ,diego4 7#cc7 ,city of ,san ,luis ,obispo4 7#cd7 ,city of ,santa ,barbara4 7#ce7 ,city of ,santa ,rosa4 7#cf7 ,city of ,shasta ,lake4 7#cg7 ,city of ,sunnyvale4 7#ch7 ,city of ,turlock4 7#ci7 ,city of ,vacaville4 7#dj7 ,city of ,ventura4 7#da7 ,city of ,visalia4 7#db7 ,clear ,creek ,community ,services ,district4 7#dc7 ,coachella ,valley ,water ,district4 7#dd7 ,cucamonga ,valley ,water ,district4 7#de7 ,delta ,diablo ,sanitation ,district4 7#df7 ,desert ,water ,agency4 7#dg7 ,dublin ,san ,ramon ,services ,district4 7#dh7 ,east ,bay ,municipal ,utility ,district4 7#di7 ,east ,valley ,water ,district4 7#ej7 ,eastern ,municipal ,water ,district4 7#ea7 ,el ,dorado ,irrigation ,district4 7#eb7 ,fallbrook ,public ,utility ,district4 7#ec7 ,goleta ,water ,district4 7#ed7 ,helendale ,community ,services ,district4 7#ee7 ,hi-,desert ,water ,district4 7#ef7 ,idyllwild ,water ,district4 7#eg7 ,inland ,empire ,utilities ,agency4 7#eh7 ,ironhouse ,sanitary ,district4 7#ei7 ,irvine ,ranch ,water ,district4 7#fj7 ,las ,virgenes ,municipal ,water ,district4 7#fa7 ,leucadia ,wastewater ,district4 7#fb7 ,long ,beach ,water ,department4 7#fc7 ,los ,carneros ,water ,district4 7#fd7 ,marin ,municipal ,water ,district4 7#fe7 ,metropolitan ,water ,district_/,los ,angeles ,sanitation ,district4 7#ff7 ,monterey ,regional ,water ,pollution ,control ,agency4 7#fg7 ,napa ,county ,department of ,public ,works4 7#fh7 ,north ,bay ,water ,reuse ,authority4 7#fi7 ,north ,marin ,water ,district4 7#gj7 ,novato ,sanitary ,district4 7#ga7 ,olivenhain ,municipal ,water ,district4 7#gb7 ,orange ,county ,sanitation ,district4 7#gc7 ,orange ,county ,water ,district4 7#gd7 ,otay ,water ,district4 7#ge7 ,padre ,dam ,municipal ,water ,district4 7#gf7 ,pajaro ,valley ,water ,management ,agency4 7#gg7 ,paradise ,irrigation ,district4 7#gh7 ,pebble ,beach ,community ,services ,district4 7#gi7 ,rainbow ,municipal ,water ,district4 7#hj7 ,ramona ,municipal ,water ,district4 7#ha7 ,rancho ,california ,water ,district4 7#hb7 ,rincon ,del ,diablo ,municipal ,water ,district4 7#hc7 ,sacramento ,regional ,county ,sanitation ,district4 7#hd7 ,san ,bernardino ,county ,special ,districts4 7#he7 ,san ,francisco ,public ,utilities ,commission4 7#hf7 ,san ,jose ,water ,company4 7#hg7 ,san ,luis ,obispo ,county4 7#hh7 ,santa ,clara ,valley ,water ,district4 7#hi7 ,santa ,clarita ,valley ,sanitation ,district4 7#ij7 ,santa ,fe ,irrigation ,district4 7#ia7 ,santa ,margarita ,water ,district4 7#ib7 ,sausalito-,marin ,city ,sanitary ,district4 7#ic7 ,sonoma ,county ,water ,agency4 7#id7 ,south ,orange ,county ,wastewater ,authority4 7#ie7 ,south ,tahoe ,public ,utility ,district4 7#if7 ,sunnyslope ,county ,water ,district4 7#ig7 ,town of ,yountville4 7#ih7 ,tuolumne ,utilities ,district4 7#ii7 ,upper ,san ,gabriel ,valley ,municipal ,water ,district4 7#ajj7 ,valley ,center ,municipal ,water ,district4 7#aja7 ,valley ,sanitary ,district4 7#ajb7 ,ventura ,county ,waterworks ,district ,no4 #h4 7#ajc7 ,victor ,valley ,wastewater ,reclamation ,authority4 7#ajd7 ,water ,replenishment ,district of ,southern ,california4 7#aje7 ,west ,basin ,municipal ,water ,district4 7#ajf7 ,west ,bay ,sanitary ,district4 7#ajg7 ,west ,county ,wastewater ,district4 7#ajh7 ,western ,municipal ,water ,district of ,riverside ,county4 7#aji7 ,western ,riverside ,county ,regional ,wastewater ,authority4 7#aaj7 ,yucaipa ,valley ,water ,district4 7c7 ,federal support for water recycling projects ,water recycling and reuse projects described in subsection 7b7 may compete for funding authorized under the following sections of this title if the projects meet applicable eligibility requirements1 subject to the condition that no particular project receive ,federal grant funding from more than one ,federal grant program3 7#a7 ,section #aja1 which amends section #iejd 7,water,s,m,a,r,t7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 and authorizes #bjj1jjj1jjj in additional ,federal assistance for water storage and conveyance facilities1 integrated regional water management1 reclamation and recycling projects1 and groundwater recharge4 7#b7 ,section #abc1 which amends the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 and authorizes #aej1jjj1jjj in ,federal assistance for water recycling and reuse projects4 7#c7 ,subtitle ,d1 which authorizes the ,secretary of the ,interior to provide ,federal assistance to finance the development of critical water resource infrastructure through loans and loan guarantees to qualified applicants4 7d7 ,federal support for desalination projects 7#a7 ,eligibility ,on submission of a completed feasibility report in accordance with ,bureau of ,reclamation standards1 the ,secretary of the ,interior shall review requests for water desalination funding assistance and1 subject to the availability of appropriations1 award funding on a competitive basis for projects that meet the eligibility requirements of this title1 subject to the condition that the ,secretary shall include among the projects reviewed the following desalination projects referred to in the #bjac ,california ,water ,plan or in an integrated regional water management plan accepted by the ,state of ,california3 7,a7 ,cambria ,desalination ,project4 7,b7 ,camp ,pendleton ,seawater ,desalination ,project4 7,c7 ,chino ,basin ,desalter #c4 7,d7 ,doheny ,ocean ,desalination ,project4 7,e7 ,,great ,program ,groundwater ,desalination ,facility ,expansion4 7,f7 ,huntington ,beach ,seawater ,desalination ,project4 7,g7 ,irvine ,non-,potable ,shallow ,groundwater ,unit ,desalter4 7,h7 ,irvine ,ranch ,water ,district ,wells #ea1 #eb1 #ec1 #ba1 and #bb ,potable 7,non-exempt7 ,desalter ,plant4 7,i7 ,long ,beach ,seawater ,desalination ,project4 7,j7 ,marina ,desalination ,facility ,expansion4 7,k7 ,mission ,valley ,brackish ,groundwater ,recovery ,project4 7,l7 ,monterey ,bay ,regional ,water ,project ,desalination ,facility 7,moss ,landing74 7,m7 ,monterey ,peninsula ,water ,supply ,project4 7,n7 ,monterey ,peninsula ,water ,supply ,project 7,ocean ,desalination_/,groundwater ,replenishment74 7,o7 ,moorpark ,groundwater ,desalter4 7,p7 ,north ,pleasant ,valley ,groundwater ,desalter4 7,q7 ,oceanside ,ocean ,desalination ,project 7,san ,luis ,rey ,basin74 7,r7 ,perris ,,ii ,desalter4 7,s7 ,ramona ,desalting ,facility4 7,t7 ,san ,diego ,formation_/,balboa ,park ,groundwater ,desalination ,facility4 7,u7 ,san ,elijo ,valley ,groundwater ,project4 7,v7 ,bay ,area ,regional ,desalination ,project4 7,w7 ,san ,pasqual ,brackish ,groundwater ,recovery ,project4 7,x7 ,santa ,cruz_/,soquel ,creek ,water ,district ,desalination ,plant4 7,y7 ,south ,orange ,coastal ,ocean ,desalination ,project4 7,z7 ,west ,basin ,seawater ,desalination ,regional ,project4 7,,aa7 ,west ,simi ,valley ,desalter4 7#b7 ,funding ,desalination projects described in subsection 7#a7 may compete for funding authorized under the following sections of this title if the projects meet applicable eligibility requirements1 subject to the condition that no particular project receive ,federal grant funding from more than one ,federal program3 7,a7 ,section #aja1 which amends section #iejd 7,water,s,m,a,r,t7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7 and authorizes #bjj1jjj1jjj in additional ,federal assistance for water storage and conveyance facilities1 integrated regional water management1 reclamation and recycling projects1 and groundwater recharge4 7,b7 ,section #abb1 which reauthorizes the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja2 ,public ,law #ajd-bih7 as amended1 and authorizes #ajj1jjj1jjj in ,federal assistance for desalination research1 demonstration projects1 and desalination project feasibility and design4 7,c7 ,section #abc1 which amends the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 and authorizes #aej1jjj1jjj in ,federal assistance for water recycling and reuse projects4 7,d7 ,subtitle ,d1 which authorizes the ,secretary of the ,interior to provide ,federal assistance to finance the development of critical water resource infrastructure through loans and loan guarantees to qualified applicants4 #abb4 ,reauthorization of ,water ,desalination ,act 7a7 ,authorization of research and studies 7#a7 ,in general ,section #c of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by adding at the end the following3 7e7 ,prioritization ,in carrying out this section1 the ,secretary of the ,interior shall prioritize funding for research-- 7#a7 to reduce energy consumption and lower the cost of seawater and brackish water desalination2 7#b7 to reduce the environmental impacts of seawater desalination1 including subsurface intakes and other technological improvements1 and develop technology and strategies to mitigate those impacts2 7#c7 to improve existing reverse osmosis and membrane technology2 7#d7 to carry out basic and applied research on next generation desalination technologies1 including graphene membranes1 forward osmosis1 hybrid membrane-thermal desalination1 improved energy recovery systems1 and renewable energy-powered desalination systems that could significantly reduce desalination costs2 7#e7 to develop portable or modular desalination units capable of providing temporary emergency water supplies for domestic or military deployment purposes2 and 7#f7 to encourage development of desalination siting plans1 including maps of preferred and priority locations1 by ,states that consider local and regional water supply needs and sources1 potential impacts on coastal and ocean resources and fisheries1 the effects of sea level rise and other factors that affect project siting4 4 7b7 ,desalination demonstration and development ,section #d of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,feasibility and design ,award grants and enter into contracts with non-,federal project sponsors to provide financial assistance to study the feasibility and support the design of desalination facilities 7including associated water distribution infrastructure7 that provide usable water4 2 and 7#b7 by adding at the end the following3 7c7 ,prioritization ,in carrying out demonstration and development activities under subsection 7a71 the ,secretary of the ,interior shall prioritize projects-- 7#a7 in drought-stricken ,states and communities2 7#b7 in ,states for which funding has been authorized for desalination demonstration and development projects2 and 7#c7 that can reduce reliance on imported water supplies that have an impact on species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,criteria for eligibility ,in carrying out this section1 the ,secretary of the ,interior shall establish criteria to determine projects eligible for grant funding based on the ability of the projects to provide regional water supply benefits1 including-- 7#a7 improving water supply reliability in regions subject to frequent and severe drought2 7#b7 enhancement of public health1 safety1 ecosystems1 and watershed sustainability2 7#c7 preservation of groundwater through reduction of withdrawals from aquifers2 7#d7 offsetting demand for water conveyed from environmentally sensitive areas outside service area of the project2 and 7#e7 mitigation of saltwater intrusion to aquifers4 4 7c7 ,cost sharing ,section #g of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in the first sentence1 by striking ,the ,federal share and inserting the following3 7a7 ,maximum 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsection 7b7 and limited to the #e years following the date of enactment of the ,california ,emergency ,drought ,relief ,act1 the ,federal share 2 7#b7 in the second sentence1 by striking ,a ,federal and inserting the following3 7b7 ,feasibility determination ,a ,federal 2 7#c7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7c7 ,procedures ,the ,secretary 2 7#d7 in the fourth sentence1 by striking ,costs and inserting the following3 7d7 ,operation1 maintenance1 repair1 and rehabilitation ,the costs 2 and 7#e7 in subsection 7a7 7as designated by paragraph 7#a771 by adding at the end the following3 7#b7 ,exception ,the ,federal share of the cost of project design under section #d shall not exceed #be percent of the total cost of the project design4 4 7d7 ,authorization of appropriations ,in order to advance water desalination research and project development1 section #h of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7,b7 by striking #bjac and inserting #bjbj2 and 7#b7 in subsection 7b71 by striking #c1jjj1jjj for each of fiscal years #bjab through #bjac and inserting #ej1jjj1jjj for the period of fiscal years #bjaf through #bjbj4 7e7 ,consultation ,section #i of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,in carrying out the provisions of in the first sentence and inserting the following3 #i4 ,consultation and coordination 7a7 ,consultation ,in carrying out 2 7#b7 in the second sentence1 by striking ,the authorization and inserting the following3 7b7 ,other desalination programs ,the authorization 2 and 7#c7 by inserting after subsection 7b7 7as so designated7 the following3 7c7 ,coordination of ,federal desalination research and development ,for the effective period of the ,california ,emergency ,drought ,relief ,act1 the ,white ,house ,office of ,science and ,technology ,policy shall develop a coordinated strategic plan that-- 7#a7 establishes priorities for future ,federal investments in desalination2 and 7#b7 coordinates the activities of ,federal agencies involved in desalination1 including the ,bureau of ,reclamation1 the ,national ,science ,foundation1 the ,office of ,naval ,research of the ,department of ,defense1 the ,national ,laboratories of the ,department of ,energy1 the ,united ,states ,geological ,survey1 the ,environmental ,protection ,agency1 and the ,national ,oceanic and ,atmospheric ,administration4 4 #abc4 ,new water recycling and reuse projects ,section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 is amended by adding at the end the following3 7e7 ,authorization of new water recycling and reuse projects 7#a7 ,in general ,a non-,federal interest may submit to the ,secretary of the ,interior proposals for eligible projects in the form of completed feasibility studies4 7#b7 ,authority to provide assistance ,the ,secretary of the ,interior may provide financial assistance under this subtitle to carry out projects within-- 7,a7 any ,reclamation ,state1 including-- 7i7 ,arizona2 7ii7 ,california2 7iii7 ,colorado2 7iv7 ,idaho2 7v7 ,kansas2 7vi7 ,montana2 7vii7 ,nebraska2 7viii7 ,nevada2 7ix7 ,new ,mexico2 7x7 ,north ,dakota2 7xi7 ,oklahoma2 7xii7 ,oregon2 7xiii7 ,south ,dakota2 7xiv7 ,texas2 7xv7 ,utah2 7xvi7 ,washington2 and 7xvii7 ,wyoming2 and 7,b7 the ,states of ,alaska and ,hawaii4 7#c7 ,eligible projects ,a project shall be considered to be eligible for consideration under this subsection if the project reclaims and reuses-- 7,a7 municipal1 industrial1 domestic1 or agricultural wastewater2 or 7,b7 impaired groundwater or surface water4 7#d7 ,guidelines 7,a7 ,in general ,not later than #ij days after the date of enactment of this subsection1 the ,secretary of the ,interior shall issue water recycling project solicitation and evaluation guidelines that include the criteria described in subsection 7f77#c74 7,b7 ,review ,in accordance with the priorities and criteria described in subsection 7f71 the ,secretary of the ,interior shall review each feasibility study received under paragraph 7#a7 to determine whether the study1 and the process under which the study was developed1 comply with ,federal laws 7including regulations7 applicable to feasibility studies of water recycling and reuse projects4 7f7 ,competitive grant funding of water recycling and reuse projects 7#a7 ,in general ,the ,secretary of the ,interior shall administer a competitive grant program under which the non-,federal project sponsor of any project determined by the ,secretary of the ,interior to be feasible under subsection 7e77#b7 shall be eligible to apply for funding for the planning1 design1 and construction of the project4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out this subsection #bjj1jjj1jjj1 to remain available until expended4 4 #abd4 ,promoting water efficiency with ,water,sense 7a7 ,authorization ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 is authorized to continue to carry out the voluntary program1 known as the ,water,sense ,program1 to identify and promote water efficient products1 buildings1 landscapes1 facilities1 processes1 and services so as-- 7#a7 to reduce water use2 7#b7 to reduce the strain on water1 wastewater1 and stormwater infrastructure2 7#c7 to conserve energy used to pump1 heat1 transport1 and treat water2 and 7#d7 to preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications regarding1 products1 buildings1 landscapes1 facilities1 processes1 and services that meet the highest water efficiency and performance criteria4 7b7 ,review ,not less frequently than once every #d years1 the ,administrator shall regularly review and1 if appropriate1 update ,water,sense criteria that have been adopted for the voluntary labeling of categories of products1 buildings1 landscapes1 facilities1 processes1 and services4 7c7 ,transparency ,the ,administrator shall1 to the maximum extent practicable1 regularly estimate and make available to the public the production and relative market shares of1 and the savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater infrastructure attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services1 at least annually4 7d7 ,public comment ,prior to establishing or revising a ,water,sense category1 specification1 installation criterion1 or other criterion1 the ,administrator shall-- 7#a7 solicit comments from interested parties and the public2 and 7#b7 provide reasonable notice to interested parties and the public of any changes 7including effective dates71 on the adoption of a new or revised category1 specification1 installation criterion1 or other criterion4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the ,water,sense program of the ,environmental ,protection ,agency #b1ejj1jjj for each of fiscal years #bjaf through #bjai4 ,d ,reclamation infrastructure finance and innovation #aca4 ,purposes ,the purposes of this subtitle are-- 7#a7 to promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects2 7#b7 to attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources2 7#c7 to complement existing ,federal funding sources and address budgetary constraints on ,bureau of ,reclamation programs2 and 7#d7 to leverage private investment in water resources infrastructure4 #acb4 ,definitions ,in this subtitle3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a corporation2 7,b7 a partnership2 7,c7 a joint venture2 7,d7 a trust2 7,e7 a ,state1 or local governmental entity1 agency1 or instrumentality2 and 7,f7 a conservancy district1 irrigation district1 canal company1 mutual water company1 water users' association1 ,indian tribe1 agency created by interstate compact1 or any other entity that has the capacity to contract with the ,united ,states under the reclamation laws4 7#b7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan or loan guarantee authorized to be made available under this title with respect to a project4 7#c7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher as assigned by a rating agency to project obligations4 7#d7 ,lender 7,a7 ,in general ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or a successor regulation7 7commonly known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq47774 7,b7 ,inclusions ,the term lender includes-- 7i7 a qualified retirement plan 7as defined in section #digd of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7ii7 a governmental plan 7as defined in section #dad of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#e7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,secretary of the ,interior to pay all or part of the principal of1 and interest on1 a loan or other debt obligation issued by an obligor and funded by a lender4 7#f7 ,obligor ,the term obligor means an eligible entity that is primarily liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#g7 ,project obligation 7,a7 ,in general ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project4 7,b7 ,exclusion ,the term project obligation does not include a ,federal credit instrument4 7#h7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#i7 ,reclamation ,state ,the term ,reclamation ,state means any of the ,states of-- 7,a7 ,arizona2 7,b7 ,california2 7,c7 ,colorado2 7,d7 ,idaho2 7,e7 ,kansas2 7,f7 ,montana2 7,g7 ,nebraska2 7,h7 ,nevada2 7,i7 ,new ,mexico2 7,j7 ,north ,dakota2 7,k7 ,oklahoma2 7,l7 ,oregon2 7,m7 ,south ,dakota2 7,n7 ,texas2 7,o7 ,utah2 7,p7 ,washington2 and 7,q7 ,wyoming4 7#aj7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,secretary in connection with the financing of a project under subtitle ,a4 7#aa7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument1 as calculated on a net present value basis1 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ab7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the earliest date on which a project is considered to perform the functions for which the project is designed4 #acc4 ,authority to provide assistance ,the ,secretary of the ,interior may provide financial assistance under this subtitle to carry out projects within-- 7#a7 any ,reclamation ,state2 7#b7 any other ,state in which the ,bureau of ,reclamation is authorized to provide project assistance2 and 7#c7 the ,states of ,alaska and ,hawaii4 #acd4 ,applications ,to be eligible to receive assistance under this subtitle1 an eligible entity shall submit to the ,secretary of the ,interior an application at such time1 in such manner1 and containing such information as the ,secretary of the ,interior may require4 #ace4 ,eligibility for assistance 7a7 ,eligible projects ,the following nonfederally owned projects that contribute to a safe1 adequate water supply for domestic1 agricultural1 environmental1 or municipal and industrial use may be carried out using assistance made available under this subtitle3 7#a7 ,a project for the reclamation and reuse of wastewater1 and naturally impaired ground and surface waters1 which has a completed feasibility study that complies with ,reclamation standards4 7#b7 ,a new water infrastructure facility project1 including a water conduit1 pipeline1 canal1 pumping1 power1 and associated facilities or a water efficiency project4 7#c7 ,a project for accelerated repair and replacement of an aging water distribution facility4 7#d7 ,a brackish or sea water desalination project4 7#e7 ,a project for groundwater replenishment1 groundwater storage1 or surface storage4 7#f7 ,a combination of projects1 each of which is eligible under paragraphs 7#a7 through 7#e71 for which an eligible entity or group of eligible entities submits a single application4 7b7 ,activities eligible for assistance ,for purposes of this subtitle1 an eligible activity with respect to an eligible project under subsection 7a7 includes the cost of-- 7#a7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7#b7 construction1 reconstruction1 rehabilitation1 and replacement activities2 7#c7 the acquisition of real property 7including water rights1 land relating to the project1 and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition of equipment subject to subsection 7c72 7#d7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 and 7#e7 refinancing interim construction funding1 existing long-term project obligations1 or a secured loan or loan guarantee made under this subtitle4 7c7 ,limitation on use ,the proceeds from ,federal credit instruments made available under this subtitle may only be used to acquire non-,federal land or interest in land from a willing seller1 when the seller does not contest the purchase or price paid4 #acf4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this subtitle1 a project shall meet the following criteria1 as determined by the ,secretary of the ,interior3 7#a7 ,creditworthiness 7,a7 ,in general ,subject to subparagraph 7,b71 the project shall be creditworthy1 as determined by the ,secretary of the ,interior1 who shall ensure that any financing for the project has appropriate security features1 such as a rate covenant1 to ensure repayment4 7,b7 ,preliminary rating opinion letter ,the ,secretary of the ,interior shall require each applicant to provide a preliminary rating opinion letter from at least #a rating agency indicating that the senior obligations of the project 7which may be the ,federal credit instrument7 have the potential to achieve an investment-grade rating4 7#b7 ,eligible project costs ,the eligible project costs of a project shall be reasonably anticipated to be not less than #bj1jjj1jjj4 7#c7 ,dedicated revenue sources ,the ,federal credit instrument for the project shall be repayable1 in whole or in part1 from dedicated revenue sources that also secure the project obligations4 7#d7 ,public sponsorship of private entities ,a project carried out by a private entity shall be sponsored by a ,state1 department of a ,state1 subdivision of a ,state1 or a public agency organized pursuant to ,state law4 7b7 ,selection criteria 7#a7 ,establishment ,the ,secretary of the ,interior shall establish criteria for the selection of projects that meet the eligibility requirements of subsection 7a71 in accordance with paragraph 7#b74 7#b7 ,criteria ,the selection criteria shall include the following3 7,a7 ,the extent to which a project serves a region with significant water resources challenges4 7,b7 ,the extent to which the project is nationally or regionally significant4 7,c7 ,the extent to which assistance under this section would foster innovative public-private partnerships and attract private debt or equity investment4 7,d7 ,the extent to which the project fosters-- 7i7 collaborative partnerships between cities1 counties1 water districts1 and ,state and ,federal agencies2 and 7ii7 innovative recycling programs that augment a combination of industrial1 commercial1 residential1 and agricultural uses4 7,e7 ,the likelihood that assistance under this section would enable the project to proceed at an earlier date than the project would otherwise be able to proceed4 7,f7 ,the amount of budget authority required to fund the ,federal credit instrument made available under this subtitle4 7,g7 ,the extent to which the project helps maintain or protect the environment4 7#c7 ,consistency of criteria ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall issue eligibility requirements under this title for water recycling projects that reclaim and reuse municipal1 industrial1 domestic1 or agricultural wastewater or impaired ground or surface waters4 7c7 ,receipt of other ,federal funding ,receipt of a ,federal grant or contract or other ,federal funding to support an eligible project shall not preclude the project from being eligible for assistance under this subtitle4 ,assistance under this subtitle shall not be counted as ,federal funding under cost-sharing requirements otherwise applicable to a project eligible for assistance under this subtitle4 #acg4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 the ,secretary of the ,interior may enter into agreements with #a or more obligors to make secured loans1 the proceeds of which shall be used-- 7,a7 to finance eligible project costs of any project selected under section #acf2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #acf2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if that refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #acf2 or 7ii7 otherwise meets the requirements of section #acf4 7#b7 ,limitation on refinancing of interim construction financing ,a secured loan under paragraph 7#a7 shall not be used to refinance interim construction financing under paragraph 7#a77;,b7 later than #a year after the date of substantial completion of the applicable project4 7#c7 ,risk assessment ,before entering into an agreement under this subsection for a secured loan1 the ,secretary of the ,interior1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a preliminary rating opinion letter under section #acf7;a77#a77;,b71 shall determine an appropriate capital reserve subsidy amount for the secured loan1 taking into account each such preliminary rating opinion letter4 7#d7 ,investment-grade rating requirement ,the execution of a secured loan under this section shall be contingent on receipt by the senior obligations of the project of an investment-grade rating4 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan provided for a project under this section shall be subject to such terms and conditions1 and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits71 as the ,secretary of the ,interior determines to be appropriate4 7#b7 ,nonsubordination ,a secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor of the project4 7#c7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of-- 7,a7 an amount equal to #di percent of the reasonably anticipated eligible project costs2 and 7,b7 if the secured loan does not receive an investment-grade rating1 an amount equal to other project obligations that have received an investment-grade rating4 7#d7 ,payment ,a secured loan under this section-- 7,a7 shall be payable1 in whole or in part1 from ,state or local taxes1 user fees1 or other dedicated revenue sources that also secure the senior project obligations of the relevant project2 7,b7 shall include a rate covenant1 coverage requirement1 or similar security feature supporting the project obligations2 and 7,c7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#e7 ,interest rate ,the interest rate on a secured loan under this section shall be not less than the yield on ,united ,states ,treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement4 7#f7 ,maturity date ,the final maturity date of a secured loan under this section shall be not later than #ce years after the date of substantial completion of the relevant project4 7#g7 ,fees ,the ,secretary of the ,interior may establish fees1 in accordance with section #ach7;b77#b7 at a level sufficient to cover all or a portion of the costs to the ,federal ,government of making a secured loan under this section4 7#h7 ,non-,federal share ,the proceeds of a secured loan under this section may be used to pay any non-,federal share of project costs required if the loan is repayable from non-,federal funds4 7#i7 ,maximum ,federal involvement ,the total amount of ,federal assistance provided for a project for which assistance is provided under this subtitle from all sources 7including this subtitle7 shall not exceed #hj percent of the total cost of the project4 7c7 ,repayment 7#a7 ,schedule ,the ,secretary of the ,interior shall establish a repayment schedule for each secured loan provided under this section1 based on the projected cash flow from project revenues and other repayment sources4 7#b7 ,commencement ,scheduled loan repayment of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project1 with interest accruing during those #e years and during construction4 7#c7 ,deferred payments 7,a7 ,authorization ,if1 at any time after the date of substantial completion of a project for which a secured loan is provided under this section1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,secretary of the ,interior may allow the obligor1 subject to subparagraph 7,c71 to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#e7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the secured loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting such criteria as the ,secretary of the ,interior may establish4 7ii7 ,repayment standards ,the criteria established under clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty4 7,b7 ,use of proceeds of refinancing ,a secured loan under this section may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor1 the ,secretary of the ,interior may sell to another entity or reoffer into the capital markets a secured loan for a project under this section1 if the ,secretary of the ,interior determines that the sale or reoffering can be made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary of the ,interior may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,in general ,the ,secretary of the ,interior may provide a loan guarantee to a lender in lieu of making a secured loan under this section1 if the ,secretary of the ,interior determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,secretary of the ,interior4 #ach4 ,program administration 7a7 ,requirement ,the ,secretary of the ,interior shall establish a uniform system to service the ,federal credit instruments made available under this subtitle4 7b7 ,reclamation ,loan ,finance ,capital ,reserve ,fund 7#a7 ,establishment 7,a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,reclamation ,loan ,finance ,capital ,reserve ,fund4 7,b7 ,deposits to fund ,the ,secretary of the ,treasury shall deposit in the fund established by subparagraph 7,a7 an amount equal to the amount of capital reserve fees collected under paragraph 7#b7 for each applicable fiscal year4 7,c7 ,treatment ,the amounts deposited in the fund under subparagraph 7,b7 shall be credited as offsetting collections4 7#b7 ,capital reserve fees 7,a7 ,in general ,to the extent required by appropriations ,acts1 the ,secretary of the ,interior may assess1 collect1 and spend capital reserve fees at a level that is sufficient to cover all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments provided under this subtitle1 including all or a portion of the outlays associated with the provision of the ,federal credit instruments under this subtitle4 7,b7 ,amount ,the capital reserve fees under this paragraph shall be established at amounts that will result in the collection1 during each fiscal year1 of an amount that can be reasonably expected to equal the outlays associated with the provision of the ,federal credit instruments under this subtitle4 7c7 ,servicer 7#a7 ,in general ,the ,secretary of the ,interior may appoint a financial entity to assist the ,secretary in servicing the ,federal credit instruments provided under this subtitle4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary of the ,interior4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary of the ,interior4 #aci4 ,state and local permits 7a7 ,establishment of pilot program 7#a7 ,assumption of responsibility 7,a7 ,in general ,subject to the provisions of the pilot program established by this section1 the ,secretary of the ,interior and a ,state identified pursuant to subsection 7b7 may enter into a written agreement1 which may be in the form of a memorandum of understanding1 under which the ,secretary of the ,interior may designate the ,state as lead agency for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,procedural and substantive requirements ,if designated as the lead agency under subparagraph 7,a71 the ,state shall assume responsibility under this section1 subject to the same procedural and substantive requirements that would apply if that responsibility were carried out by the ,secretary of the ,interior4 7#b7 ,preservation of ,federal responsibility and authority 7,a7 ,federal responsibility ,any responsibility of the ,secretary of the ,interior not explicitly assumed by the ,state by written agreement under this section shall remain the responsibility of the ,secretary of the ,interior4 7,b7 ,no effect on authority ,nothing in this section preempts or interferes with any power1 jurisdiction1 responsibility1 or authority of an agency1 other than the ,department of the ,interior1 under applicable law 7including regulations7 with respect to a project4 7#c7 ,preservation of flexibility ,the ,secretary of the ,interior may not require a ,state1 as a condition of participation and assuming lead agency status in the pilot program under this section1 to forego project delivery methods that are otherwise permissible for projects4 7b7 ,state participation 7#a7 ,participating ,states ,the ,secretary of the ,interior shall permit the ,state of ,california1 and not more than #d additional ,states1 to participate in the pilot program under this section1 subject to the limitations described in paragraph 7#d74 7#b7 ,application ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall amend1 as appropriate1 regulations that establish requirements relating to information required to be contained in an application of a ,state to participate in the pilot program under this section and to assume lead agency status1 including1 at a minimum-- 7,a7 the projects or classes of projects for which the ,state anticipates exercising the authority that may be granted under the pilot program under this section2 7,b7 verification of the financial1 regulatory1 and enforcement resources necessary to carry out the authority that may be granted under the pilot program under this section2 and 7,c7 evidence of the notice and solicitation of public comment by the ,state relating to participation of the ,state in the pilot program under this section1 including copies of comments received from that solicitation4 7#c7 ,public notice 7,a7 ,in general ,a ,state that submits an application under this subsection shall give notice of the intent of the ,state to participate in the pilot program under this section not later than #cj days before the date of submission of the application4 7,b7 ,method of notice and solicitation ,a ,state shall provide notice and solicit public comment under this paragraph by publishing the complete application of the ,state in accordance with the appropriate public notice ,state law4 7#d7 ,selection criteria ,the ,secretary of the ,interior may approve the application of a ,state under this section only if-- 7,a7 the regulatory requirements of paragraph 7#b7 have been met2 7,b7 the ,secretary of the ,interior determines that the ,state has the capability1 including financial1 regulatory1 and enforcement capability and personnel1 to assume the responsibility of a lead agency for the project2 and 7,c7 the head of the ,state agency with primary jurisdiction over water infrastructure matters enters into a written agreement with the ,secretary of the ,interior described in subsection 7c74 7c7 ,written agreement ,a written agreement under this section shall-- 7#a7 be executed by the ,governor or the top ranking water infrastructure official in the ,state who is charged with responsibility for water infrastructure construction2 7#b7 be in such form as the ,secretary of the ,interior may prescribe2 7#c7 provide that the ,state-- 7,a7 agrees to assume all or part of the responsibilities of the ,secretary of the ,interior described in subsection 7a71 including all responsibilities as a lead agency2 7,b7 expressly consents1 on behalf of the ,state1 to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,secretary of the ,interior assumed by the ,state2 7,c7 certifies that ,state laws 7including regulations7 are in effect that authorize the ,state to take the actions necessary to carry out the responsibilities being assumed2 and 7,d7 agrees to maintain the financial resources necessary to carry out the responsibilities being assumed2 7#d7 require the ,state to provide to the ,secretary of the ,interior any information that the ,secretary of the ,interior considers necessary to ensure that the ,state is adequately carrying out the responsibilities assigned to the ,state2 7#e7 have a term of not more than #e years2 and 7#f7 be renewable4 7d7 ,jurisdiction 7#a7 ,in general ,the ,united ,states district courts shall have exclusive jurisdiction over any civil action against a ,state for failure to carry out any responsibility of the ,state under this section4 7#b7 ,legal standards and requirements ,a civil action under paragraph 7#a7 shall be governed by the legal standards and requirements that would apply in such a civil action against the ,secretary of the ,interior if the ,secretary of the ,interior had taken the actions in question4 7#c7 ,intervention ,the ,secretary of the ,interior shall have the right to intervene in any action described in paragraph 7#a74 7e7 ,effect of assumption of responsibility ,a ,state that assumes responsibility under subsection 7a77#b7 shall be solely responsible and solely liable for carrying out1 in lieu of the ,secretary of the ,interior1 the responsibilities assumed under subsection 7a71 until the pilot program is terminated as provided in subsection 7h74 7f7 ,audits 7#a7 ,in general ,to ensure compliance by a ,state with any agreement of the ,state under subsection 7c7 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under subsection 7a77#b771 for each ,state participating in the pilot program under this section1 the ,secretary of the ,interior shall conduct-- 7,a7 semiannual audits during each of the first #b years of ,state participation2 and 7,b7 annual audits during each of the third and fourth years of ,state participation4 7#b7 ,public availability and comment 7,a7 ,in general ,an audit conducted under paragraph 7#a7 shall be made available to the public for comment4 7,b7 ,response ,not later than #fj days after the date on which the period for public comment ends1 the ,secretary of the ,interior shall respond to public comments received under subparagraph 7,a74 7g7 ,monitoring ,after the fourth year of the participation of a ,state in the pilot program1 the ,secretary of the ,interior shall monitor compliance by the ,state with the written agreement1 including the provision by the ,state of financial resources to carry out the written agreement4 7h7 ,termination 7#a7 ,termination by ,secretary of the ,interior ,the ,secretary of the ,interior may terminate the participation of any ,state in the pilot program if-- 7,a7 the ,secretary of the ,interior determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7,b7 the ,secretary of the ,interior provides to the ,state-- 7i7 notification of the determination of noncompliance2 and 7ii7 a period of at least #cj days during which to take such corrective action as the ,secretary of the ,interior determines is necessary to comply with the applicable agreement2 and 7,c7 the ,state1 after the notification and period provided under subparagraph 7,b71 fails to take satisfactory corrective action1 as determined by the ,secretary of the ,interior4 7#b7 ,termination by ,state ,the ,state may terminate the participation of the ,state in the pilot program at any time by providing to the ,secretary of the ,interior a notice by not later than the date that is #ij days before the date of termination1 and subject to such terms and conditions as the ,secretary of the ,interior may provide4 7i7 ,limitations on agreements ,nothing in this section or pilot program-- 7#a7 authorizes a ,state to assume any rulemaking authority of the ,secretary of the ,interior under any ,federal law2 7#b7 relieves any recipient of the assistance of any obligation to obtain any other required ,state or local permit or approval with respect to the project2 7#c7 limits the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#d7 otherwise supersedes any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #adj4 ,regulations ,the ,secretary of the ,interior may promulgate such regulations as the ,secretary of the ,interior determines to be appropriate to carry out this subtitle4 #ada4 ,funding 7a7 ,in general ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out this subtitle #bjj1jjj1jjj4 7b7 ,offset required ,no funds made available under this section may be used to provide financial assistance under this subtitle unless sufficient funds have been appropriated to offset any decrease in ,federal revenue resulting from the use by any unit of ,state or local government of proceeds of any obligation-- 7#a7 the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7#b7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of that ,code4 7c7 ,administrative costs ,of the funds made available to carry out this subtitle1 the ,secretary of the ,interior may use for the administration of this subtitle not more than #b1bjj1jjj for each of fiscal years #bjaf through #bjbj4 7d7 ,limitation ,neither the ,secretary of the ,interior nor the ,secretary of ,commerce shall enter into a contract with1 or provide ,federal funds or other financial assistance in the form of a loan1 loan guarantee1 annual payment1 or any other form of credit enhancement to a recipient under this ,act without first obtaining adequate assurance from the contractor or recipient that the requirements of section #eac of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgb7 shall be applied in the same manner they are applied to construction of treatment works carried out in whole or in part with assistance made available by a ,state water pollution control revolving fund as authorized by title ,,vi of that ,act 7#cc ,u4,s4,c4 #acha et seq47 under title ,,ii of division ,e of ,public ,law #aab-gd 7#abe ,stat4 #ajbj74 ,,ii ,listed species and wildlife #bja4 ,actions to benefit endangered fish populations 7a7 ,findings ,congress finds that-- 7#a7 minimizing or eliminating stressors to fish populations and their habitat in an efficient and structured manner is a key aspect of a fish recovery strategy2 7#b7 functioning1 diverse1 and interconnected habitats are necessary for a species to be viable2 and 7#c7 providing for increased fish habitat may not only allow for a more robust fish recovery1 but also reduce impacts to water supplies4 7b7 ,actions for benefit of endangered species ,there is authorized to be appropriated the following amounts3 7#a7 #ce1jjj1jjj for the ,secretary of ,commerce1 through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 to carry out the following activities in accordance with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq473 7,a7 ,gravel and rearing area additions and habitat restoration to the ,sacramento ,river to benefit ,chinook salmon and steelhead trout4 7,b7 ,scientifically improved and increased real-time monitoring to inform real-time operations of ,shasta and related ,central ,valley ,project facilities1 and alternative methods1 models1 and equipment to improve temperature modeling and related forecasted information for purposes of predicting impacts to salmon and salmon habitat as a result of water management at ,shasta4 7,c7 ,methods to improve the ,delta salvage systems1 including alternative methods to redeposit salvaged salmon smolts and other fish from the ,delta in a manner that reduces predation losses4 7#b7 #f1jjj1jjj for the ,secretary of the ,interior to conduct the ,delta smelt distribution study referenced in section #cja4 7c7 ,commencement ,if the ,administrator of the ,national ,oceanic and ,atmospheric ,administration determines that a proposed activity is feasible and beneficial for protecting and recovering a fish population1 the ,administrator shall commence implementation of the activity by not later than #a year after the date of enactment of this ,act4 7d7 ,consultation ,the ,administrator shall take such steps as are necessary to partner with1 and coordinate the efforts of1 the ,department of the ,interior1 the ,department of ,commerce1 and other relevant ,federal departments and agencies to ensure that all ,federal reviews1 analyses1 opinions1 statements1 permits1 licenses1 and other approvals or decisions required under ,federal law are completed on an expeditious basis1 consistent with ,federal law4 7e7 ,trap and barge pilot program 7#a7 ,in general ,the ,department of ,commerce1 in collaboration with the ,department of the ,interior1 the ,california ,department of ,fish and ,wildlife1 applicable water agencies1 and other interested parties1 shall design1 permit1 implement1 and evaluate a pilot program to test the efficacy of an experimental trap and barge program to improve survival of juvenile salmonids emigrating from the ,san ,joaquin watershed though the ,delta4 7#b7 ,plan 7,a7 ,working group ,not later than #cj days after the date of enactment of this ,act1 the ,assistant ,administrator and the ,commissioner shall convene a working group1 to be comprised of representatives of relevant agencies and other interested parties1 to develop and execute a plan for the design1 budgeting1 implementation1 and evaluation of the pilot program under this subsection1 using such existing expertise regarding trap and barge programs as may be available4 7,b7 ,requirements ,the plan under this paragraph shall-- 7i7 include a schedule and budget for the pilot program2 and 7ii7 identify the responsible parties for each element of the program4 7#c7 ,implementation ,the ,assistant ,administrator and the ,commissioner shall seek to commence implementation of the pilot program under this subsection during calendar year #bjaf1 if practicable4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #d1jjj1jjj4 7f7 ,conservation fish hatcheries 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretaries of the ,interior and ,commerce1 in coordination with the ,director of the ,california ,department of ,fish and ,wildlife1 shall develop and implement as necessary the expanded use of conservation hatchery programs to enhance1 supplement1 and rebuild ,delta smelt and ,endangered ,species ,act-listed fish species under the smelt and salmonid biological opinions4 7#b7 ,requirements ,the conservation hatchery programs established under paragraph 7#a7 and the associated hatchery and genetic management plans shall be designed-- 7,a7 to benefit1 enhance1 support1 and otherwise recover naturally spawning fish species to the point where the measures provided under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 are no longer necessary2 and 7,b7 to minimize adverse effects to ,central ,valley ,project and ,state ,water ,project operations4 7#c7 ,priority2 cooperative agreements ,in implementing this section1 the ,secretaries of the ,interior and ,commerce-- 7,a7 shall give priority to existing and prospective hatchery programs and facilities within the ,delta and the riverine tributaries thereto2 and 7,b7 may enter into cooperative agreements for the operation of conservation hatchery programs with ,states1 ,indian tribes1 and other nongovernmental entities for the benefit1 enhancement1 and support of naturally spawning fish species4 7g7 ,acquisition of land1 water1 or interests from willing sellers for environmental purposes in ,california 7#a7 ,in general ,the ,secretary of the ,interior is authorized to acquire by purchase1 lease1 donation1 or otherwise1 land1 water1 or interests in land or water from willing sellers in ,california-- 7,a7 to benefit listed or candidate species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the ,california ,endangered ,species ,act 7,california ,fish and ,game ,code sections #bjej through #baaf72 7,b7 to meet requirements of1 or otherwise provide water quality benefits under1 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,porter ,cologne ,water ,quality ,control ,act 7division #g of the ,california ,water ,code72 or 7,c7 for protection and enhancement of the environment1 as determined by the ,secretary of the ,interior4 7#b7 ,financial assistance ,in implementing this section1 the ,secretary of the ,interior is authorized to provide financial assistance to the ,state of ,california or otherwise hold such interests in joint ownership with the ,state of ,california based on a cost share deemed appropriate by the ,secretary4 7#c7 ,treatment ,any expenditures under this subsection shall be nonreimbursable and nonreturnable to the ,united ,states4 #bjb4 ,actions to benefit refuges 7a7 ,in general ,in addition to funding under section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf71 there is authorized to be appropriated to the ,secretary of the ,interior #b1jjj1jjj for each of fiscal years #bjaf through #bjbj for the acceleration and completion of water infrastructure and conveyance facilities necessary to achieve full water deliveries to ,central ,valley wildlife refuges and habitat areas pursuant to section #cdjf7;d7 of that ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbb74 7b7 ,cost ,sharing 7#a7 ,federal share ,the ,federal share of the cost of carrying out an activity described in this section shall be not more than #ej percent4 7#b7 ,non-,federal share ,the non-,federal share of the cost of carrying out an activity described in this section-- 7,a7 shall be not less than #ej percent2 and 7,b7 may be provided in cash or in kind4 #bjc4 ,non-,federal program to protect native anadromous fish in ,stanislaus ,river 7a7 ,definition of district ,in this section1 the term district means-- 7#a7 the ,oakdale ,irrigation ,district of the ,state of ,california2 and 7#b7 the ,south ,san ,joaquin ,irrigation ,district of the ,state of ,california4 7b7 ,establishment ,the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 and the districts1 in consultation with the ,director of the ,california ,department of ,fish and ,wildlife1 shall jointly establish and conduct a nonnative predator research and pilot fish removal program to study the effects of removing from the ,stanislaus ,river-- 7#a7 nonnative striped bass1 smallmouth bass1 largemouth bass1 black bass2 and 7#b7 other nonnative predator fish species4 7c7 ,requirements ,the program under this section shall-- 7#a7 be scientifically based1 with research questions determined jointly by-- 7,a7 ,national ,marine ,fisheries ,service scientists2 and 7,b7 technical experts of the districts2 7#b7 include methods to quantify by1 among other things1 evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at ,caswell-- 7,a7 the number and size of predator fish removed each year2 and 7,b7 the impact of the removal on-- 7i7 the overall abundance of predator fish in the ,stanislaus ,river2 and 7ii7 the populations of juvenile anadromous fish in the ,stanislaus ,river2 7#c7 among other methods1 consider using wire fyke trapping1 portable resistance board weirs1 and boat electrofishing2 and 7#d7 be implemented as quickly as practicable after the date of issuance of all necessary scientific research permits4 7d7 ,management ,the management of the program shall be the joint responsibility of the ,assistant ,administrator and the districts1 which shall-- 7#a7 work collaboratively to ensure the performance of the program2 and 7#b7 discuss and agree on1 among other things-- 7,a7 qualified scientists to lead the program2 7,b7 research questions2 7,c7 experimental design2 7,d7 changes in the structure1 management1 personnel1 techniques1 strategy1 data collection and access1 reporting1 and conduct of the program2 and 7,e7 the need for independent peer review4 7e7 ,conduct 7#a7 ,in general ,for each applicable calendar year1 the districts1 on agreement of the ,assistant ,administrator1 may elect to conduct the program under this section using-- 7,a7 the personnel of the ,assistant ,administrator or districts2 7,b7 qualified private contractors hired by the districts2 7,c7 personnel of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service2 or 7,d7 a combination of the individuals described in subparagraphs 7,a7 through 7,c74 7#b7 ,participation by ,national ,marine ,fisheries ,service 7,a7 ,in general ,if the districts elect to conduct the program using district personnel or qualified private contractors hired under subparagraph 7,a7 or 7,b7 of paragraph 7#a71 the ,assistant ,administrator 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 field to ensure compliance with subsection 7d74 7,b7 ,costs ,the districts shall pay the cost of participation by the employee under subparagraph 7,a71 in accordance with subsection 7f74 7#c7 ,timing of election ,the districts shall notify the ,assistant ,administrator of an election under paragraph 7#a7 by not later than ,october #ae of the calendar year preceding the calendar year for which the election applies4 7f7 ,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 of ,commerce may accept and use contributions of funds from the districts to carry out activities under the program4 7#c7 ,estimation of cost 7,a7 ,in general ,not later than ,december #a of each year of the program1 the ,secretary of ,commerce shall submit to the districts an estimate of the cost to be incurred by the ,national ,marine ,fisheries ,service for the program during the following calendar year1 if any1 including the cost of any data collection and posting under subsection 7g74 7,b7 ,failure to fund ,if an amount equal to the estimate of the ,secretary of ,commerce is not provided through contributions pursuant to paragraph 7#b7 before ,december #ca of that calendar year-- 7i7 the ,secretary shall have no obligation to conduct the program activities otherwise scheduled for the following calendar year until the amount is contributed by the districts2 and 7ii7 the districts may not conduct any aspect of the program until the amount is contributed by the districts4 7#d7 ,accounting 7,a7 ,in general ,not later than ,september #a of each year1 the ,secretary of ,commerce shall provide to the districts an accounting of the costs incurred by the ,secretary for the program during the preceding calendar year4 7,b7 ,excess amounts ,if the amount contributed by the districts pursuant to paragraph 7#b7 for a calendar year was greater than the costs incurred by the ,secretary of ,commerce during that year1 the ,secretary shall-- 7i7 apply the excess amounts to the cost of activities to be performed by the ,secretary under the program1 if any1 during the following calendar year2 or 7ii7 if no such activities are to be performed1 repay the excess amounts to the districts4 7g7 ,publication and evaluation of data 7#a7 ,in general ,all data generated through the program1 including by any private consultants1 shall be routinely provided to the ,assistant ,administrator4 7#b7 ,internet ,not later than the #aeth day of each month of the program1 the ,assistant ,administrator shall publish on the ,internet website of the ,national ,marine ,fisheries ,service a tabular summary of the raw data collected under the program during the preceding month4 7#c7 ,report ,on completion of the program1 the ,assistant ,administrator shall prepare a final report evaluating the effectiveness of the program1 including recommendations for future research and removal work4 7h7 ,consistency with law 7#a7 ,in general ,the programs in this section and section #bjd are found to be consistent with the requirements of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 7#b7 ,limitation ,no provision1 plan1 or definition under that ,act1 including section #cdjf7;b77#a7 of that ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgad71 shall be used-- 7,a7 to prohibit the implementation of the programs in this section and section #bjd2 or 7,b7 to prevent the accomplishment of the goals of the programs4 7#c7 ,state law ,the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the participating districts shall comply with applicable requirements of ,state law with respect to the program under this subsection4 #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 establish and carry out pilot projects to implement the invasive species control program under section #ajc7;d77#f77;,a77iv7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afij74 7b7 ,requirements ,the pilot projects under this section shall-- 7#a7 seek to reduce invasive aquatic vegetation 7such as water hyacinth71 predators1 and other competitors that contribute to the decline of native listed pelagic and anadromous species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries and the ,delta2 and 7#b7 remove1 reduce1 or control the effects of species including ,asiatic clams1 silversides1 gobies1 ,brazilian water weed1 largemouth bass1 smallmouth bass1 striped bass1 crappie1 bluegill1 white and channel catfish1 zebra and quagga mussels1 and brown bullheads4 7c7 ,emergency environmental reviews ,to expedite environmentally beneficial programs in this title for the conservation of threatened and endangered species1 the ,secretaries of the ,interior and ,commerce 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 those programs4 ,,iii ,california emergency drought relief and operational flexibility #cja4 ,taking into account increased real-time monitoring and updated science 7a7 ,smelt biological opinion ,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 opinion4 7b7 ,increased monitoring ,to inform real-,time operations 7#a7 ,in general ,the ,secretary of the ,interior shall conduct additional surveys1 on an annual basis at the appropriate time of year based on environmental conditions1 in collaboration with interested stakeholders regarding the science of the ,delta in general1 and to enhance real time decisionmaking in particular1 working in close coordination with relevant ,state authorities4 7#b7 ,requirements ,in carrying out this subsection1 the ,secretary of the ,interior shall use-- 7,a7 the most appropriate and accurate survey methods available for the detection of ,delta smelt to determine the extent to which adult ,delta smelt are distributed in relation to certain levels of turbidity or other environmental factors that may influence salvage rate2 7,b7 results from appropriate surveys for the detection of ,delta smelt to determine how the ,central ,valley ,project and ,state ,water ,project may be operated more efficiently to maximize fish and water supply benefits2 and 7,c7 science-based recommendations developed by any of the persons or entities described in subsection 7d77#b7 to inform the agencies' real-time decisions4 7#c7 ,winter monitoring ,during the period between ,december #a and ,march #ca1 if suspended sediment loads enter the ,delta from the ,sacramento ,river1 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,n,t,us7 to values above #ab ,n,t,us1 the ,secretary of the ,interior shall-- 7,a7 conduct daily monitoring using appropriate survey methods at locations including the vicinity of ,station #ijb to determine the extent to which adult ,delta smelt are moving with turbidity toward the export pumps2 and 7,b7 use results from the monitoring under subparagraph 7,a7 to determine how increased trawling can inform daily real-time ,central ,valley ,project and ,state ,water ,project operations to maximize fish and water supply benefits4 7c7 ,periodic review of monitoring ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior 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 maximize the water supply for fish and water supply benefits2 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 ,not later than ,march #ae1 #bjba1 the ,secretary of the ,interior shall-- 7,a7 complete studies1 to be initiated by not later than #ij days after the date of enactment of this ,act1 designed-- 7i7 to understand the location and determine the abundance and distribution of ,delta smelt throughout the range of the ,delta smelt2 and 7ii7 to determine potential methods to minimize the effects of ,central ,valley ,project and ,state ,water ,project operations on the ,delta smelt2 7,b7 based on the best available science1 if appropriate and practicable1 implement new targeted sampling and monitoring of ,delta smelt in order to maximize fish and water supply benefits prior to completion of the study under subparagraph 7,a72 7,c7 to the maximum extent practicable1 use new technologies to allow for better tracking of ,delta smelt1 such as acoustic tagging1 optical recognition during trawls1 and fish detection using residual deoxyribonucleic acid 7,,dna72 and 7,d7 if new sampling and monitoring is not implemented under subparagraph 7,b71 provide a detailed explanation of the determination of the ,secretary of the ,interior that no change is warranted4 7#b7 ,consultation ,in determining the scope of the studies under this subsection1 the ,secretary of the ,interior shall consult with-- 7,a7 ,central ,valley ,project and ,state ,water ,project water contractors and public water agencies2 7,b7 other public water agencies2 7,c7 the ,california ,department of ,fish and ,wildlife and the ,california ,department of ,water ,resources2 and 7,d7 nongovernmental organizations4 7e7 ,scientifically supported implementation of ,,omr flow requirements 7#a7 ,environmental protection mandate ,the ,secretaries of the ,interior and ,commerce shall take no action pursuant to this ,act that would cause additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion1 using the best scientific and commercial data available4 7#b7 ,real-time management to achieve multiple goals ,building upon previous drought operations in calendar years #bjad and #bjae1 the ,secretaries of the ,interior and ,commerce shall monitor in real time to determine the location and densities of listed fish species relative to the pumps1 ,delta conditions1 and other relevant factors1 in order to identify-- 7,a7 opportunities to increase water pumping without violating the standard in paragraph 7#a7 or other applicable environmental laws and regulations2 and 7,b7 circumstances where it is necessary to decrease water pumping to protect listed fish species4 7#c7 ,management ,in implementing the smelt biological opinion and the salmonid biological opinion1 the ,secretaries of the ,interior and ,commerce shall manage the ,,omr in accordance with those opinions to maximize water supplies for the ,central ,valley ,project and ,state ,water ,project1 to the extent consistent with paragraph 7#a74 7#d7 ,reverse flow 7,a7 ,in general ,with respect to the management of reverse flow in the ,,omr under the smelt biological opinion1 the ,secretary of the ,interior shall implement the relevant provisions of the smelt biological opinion to maximize ,central ,valley ,project and ,state ,water ,project water supplies1 to the extent consistent with paragraph 7#a74 7,b7 ,requirements ,if the ,secretary determines to manage rates of pumping at the ,c4,w4 ,bill ,jones and the ,harvey ,o4 ,banks pumping plants in the southern ,delta to achieve a reverse ,,omr flow rate less negative than #e1jjj cubic feet per second1 the ,secretary shall-- 7i7 document in writing any significant facts regarding real-time conditions relevant to the determinations of ,,omr reverse flow rates1 including-- 7,i7 targeted real-time fish monitoring in the ,old ,river pursuant to this section1 including monitoring in the vicinity of ,station #ijb2 and 7,,ii7 near-term forecasts with available salvage models under prevailing conditions of the effects on ,delta smelt of ,,omr flow of #e1jjj cubic feet per second2 and 7ii7 explain in writing why any decision to manage ,,omr reverse flow at rates less negative than #e1jjj cubic feet per second is necessary to comply with the environmental standard in subsection 7e77#a71 after considering relevant factors such as-- 7,i7 the distribution of ,delta smelt throughout the ,delta2 7,,ii7 the potential effects of high entrainment risk on subsequent ,delta smelt abundance2 7,,iii7 the water temperature2 7,,iv7 other significant factors relevant to the determination1 as required by applicable ,federal or ,state laws2 7,v7 turbidity2 and 7,,vi7 whether any alternative measures could have a substantially lesser water supply impact4 7#e7 ,immediate action ,nothing in this section shall prevent the ,secretaries of the ,interior or ,commerce from taking immediate action to reduce pumping if necessary to do so to comply with the ,endangered ,species ,act1 its implementing regulations1 or to avoid additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion4 7f7 ,first sediment flush ,during the first flush of sediment out of the ,delta in each water year1 based on objective evidence and notwithstanding subsection 7e71 the ,secretary of the ,interior shall manage ,,omr flow pursuant to the portion of the smelt biological opinion that protects adult ,delta smelt from the first flush if required to do so by the smelt biological opinion4 7g7 ,construction ,the ,secretaries of the ,interior and ,commerce may-- 7#a7 implement subsection 7e7 building on1 and taking into account the effects of1 previous operations in the #bjad and #bjae water years2 and 7#b7 use the results of monitoring through early warning surveys to make real-time operational decisions under the applicable biological opinion4 7h7 ,calculation of reverse flow in ,,omr ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,california ,department of ,water ,resources1 consistent with the smelt biological opinion and the salmonid biological opinion1 shall-- 7#a7 review1 including seeking public comment regarding1 whether any revision to the method used to calculate reverse flow in the ,,omr for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion for the purpose of using the best available science and monitoring to maximize fish and water supply benefits is warranted2 and 7#b7 implement the revised method to calculate reverse flow in the ,,omr pursuant to paragraph 7#a74 7i7 ,successor biological opinions ,the ,secretaries of the ,interior and ,commerce shall apply the provisions of this ,act to successor biological opinions to the salmonid biological opinion and the smelt biological opinion1 to the extent that the ,secretaries of the ,interior and ,commerce determine to be consistent with-- 7#a7 section #gja7;a77#c72 and 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and the regulations implementing that ,act4 #cjb4 ,emergency operations 7a7 ,water supplies ,the ,secretaries of the ,interior and ,commerce shall provide the maximum quantity of water supplies practicable to ,central ,valley ,project agricultural1 municipal1 and industrial contractors1 water service or repayment contractors1 water rights settlement contractors1 exchange contractors1 refuge contractors1 and ,state ,water ,project contractors1 by approving1 in accordance with applicable ,federal and ,state laws 7including regulations71 operations or temporary projects to provide additional water supplies as quickly as practicable1 based on available information1 to address the emergency conditions4 7b7 ,administration ,in carrying out subsection 7a71 the ,secretaries of the ,interior and ,commerce shall1 in accordance with applicable laws 7including regulations7-- 7#a7 7,a7 in close coordination with the ,california ,department of ,water ,resources and the ,california ,department of ,fish and ,wildlife1 implement a pilot project to test and evaluate the ability to operate the ,delta cross-channel gates daily or as otherwise may be appropriate to keep the gates open to the maximum extent practicable to protect out-migrating salmonids1 manage salinities in the interior ,delta and any other water quality issues1 and maximize ,central ,valley ,project and ,state ,water ,project pumping1 subject to the condition that the pilot project shall be designed and implemented consistent with operational criteria and monitoring criteria required by the ,california ,state ,water ,resources ,control ,board1 including its order1 ,order ,approving a ,temporary ,urgency ,change in ,license and ,permit ,terms in ,response to ,drought ,conditions1 effective on ,january #ca1 #bjad 7or a successor order72 and 7,b7 design1 implement1 and evaluate those real-time monitoring capabilities to enable effective real-time operations of the cross-channel in order efficiently to meet the objectives described in subparagraph 7,a72 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 supply benefits2 7#c7 collaborate with the ,california ,department of ,water ,resources to install a deflection barrier at ,georgiana ,slough and the ,delta cross-channel gate to protect migrating salmonids1 consistent with knowledge gained from related activities carried out during #bjad and #bjae2 7#d7 not later than ,may #ae1 #bjaf1 submit to the ,committees on ,energy and ,natural ,resources and ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a notice and explanation regarding the extent to which the gates are able to remain open pursuant to paragraphs 7#a7 through 7#c72 7#e7 implement turbidity control strategies that may allow for increased water deliveries while avoiding jeopardy to adult ,delta smelt due consistent with the smelt biological opinion2 7#f7 adopt a #a3a inflow-to-export ratio for the increment of increased flow1 as measured as a #c-;day running average at ,vernalis during the period beginning on ,april #a and ending on ,may #ca1 that results from the voluntary sale1 transfer1 or exchange1 unless the ,secretaries of the ,interior and ,commerce determine in writing that the ratio will cause additional adverse effects on any salmonid listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the salmonid biological opinion using the best scientific and commercial data available and subject to the condition that any individual sale1 transfer1 or exchange using that ratio may only proceed if-- 7,a7 the ,secretary of the ,interior determines that the environmental effects of the proposed sale1 transfer1 or exchange are consistent with effects permitted under applicable law 7including the ,endangered ,species ,act 7#af ,u4,s4,c4 #aeca et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq471 and the ,porter-,cologne ,water ,quality ,control ,act 7,california ,water ,code #acjjj et seq4772 7,b7 ,delta conditions are suitable to allow movement of the acquired1 transferred1 or exchanged water through the ,delta1 in accordance with existing ,central ,valley ,project and ,state ,water ,project permitted water rights and the requirements of section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgaa72 and 7,c7 the voluntary sale1 transfer1 or exchange of water results in flow that is in addition to flow that otherwise would occur in the absence of the voluntary sale1 transfer1 or exchange2 7#g7 7,a7 issue all necessary permit decisions under the authority of the ,secretaries of the ,interior and ,commerce by not later than #fj days after the date of receipt of a completed application by the ,state of ,california to place and use temporary barriers or operable gates in ,delta channels to improve water quantity and quality for ,state ,water ,project and ,central ,valley ,project south-of-,delta water contractors and other water users1 which barriers or gates shall provide benefits for species protection and in-,delta water user water quality1 subject to the condition that the barriers or gates shall be designed so that1 if practicable1 formal consultations under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 are not necessary2 or 7,b7 take a longer period to issue the permit decisions described in subparagraph 7,a7 only if the ,secretaries of the ,interior and ,commerce determine in writing that an environmental impact statement is needed for the proposal to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#h7 allow and facilitate1 consistent with existing priorities1 water transfers through the ,c4,w4 ,bill ,jones ,pumping ,plant or the ,harvey ,o4 ,banks ,pumping ,plant during the period beginning on ,april #a and ending on ,november #cj1 subject to the condition that the transfers-- 7,a7 are consistent with applicable ,federal and ,state laws 7including regulations71 including the ,california ,environmental ,quality ,act 7,california ,public ,resources ,code #bajjj-baagg72 and 7,b7 are consistent with the smelt biological opinion and the salmonid biological opinion2 7#i7 require the ,director and the ,commissioner-- 7,a7 7i7 to determine whether a written transfer proposal is complete by not later than #cj days after the date of submission of the proposal2 and 7ii7 if the proposal is determined to be incomplete1 to ,state with specificity what shall be supplemented or revised to complete the proposal2 and 7,b7 7i7 complete 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 water transfer requests in the ,state of ,california by-- 7,i7 not later than #cj days after deeming the application complete pursuant to subparagraph 7,a72 or 7,,ii7 such later date as the ,director or the ,commissioner determines to be necessary1 only if the ,director or the ,commissioner determines in writing that an environmental impact statement is needed for the proposal to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 approve any water transfer request described in clause 7i7 to maximize the quantity of water supplies1 subject to the condition that actions associated with the water transfer comply with applicable ,federal and ,state laws 7including regulations7 and are consistent with-- 7,i7 existing permitted water rights2 and 7,,ii7 the requirements of section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgaa72 7#aj7 in coordination with the ,secretary of ,agriculture1 enter into an agreement with the ,national ,academy of ,sciences to conduct a comprehensive study1 to be completed not later than #a year after the date of enactment of this ,act1 on the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the ,colorado ,river and its principal tributaries1 in the ,state of ,california and elsewhere2 7#aa7 pursuant to the research and adaptive management provisions of the smelt biological opinion and the salmonid biological opinion-- 7,a7 use all available scientific tools to identify any changes to real-time operations of ,bureau of ,reclamation1 ,state of ,california1 or local water projects that could result in the availability of additional water supplies2 and 7,b7 determine whether alternative operational or other management measures would meet applicable regulatory requirements for listed species while maximizing water supplies and water supply reliability2 and 7#ab7 continue to vary the averaging period of the maximum percent of ,delta ,inflow ,diverted 7,delta export-inflow ratio71 to the extent consistent with any applicable ,california ,water ,resources ,control ,board orders under decision ,d-#afda 7which sets water quality objectives for the ,san ,francisco ,bay_/,sacramento-,san ,joaquin ,delta ,estuary7 to operate-- 7,a7 to a ratio using a #c-;day averaging period on the rising limb of a ,delta inflow hydrograph2 and 7,b7 to a #ad-;day averaging period on the falling limb of the ,delta inflow hydrograph4 7c7 ,other agencies ,to the extent that a ,federal department or agency other than the ,department of the ,interior or the ,department of ,commerce has a role in approving a project described in subsection 7a7 or 7b71 this section shall apply to the ,federal department or agency4 7d7 ,accelerated project decision and elevation 7#a7 ,in general ,on request of the ,governor of ,california1 the ,secretaries of the ,interior and ,commerce shall use the expedited procedures under this subsection to make final decisions relating to ,federal or federally approved projects or operational changes proposed pursuant to subsections 7a7 and 7b7 to provide additional water supplies or otherwise address emergency drought conditions4 7#b7 ,request for resolution 7,a7 ,in general ,on request of the ,governor of ,california1 the ,secretaries of the ,interior and ,commerce or the head of another ,federal department or agency responsible for carrying out a review of a project1 as applicable1 shall convene a final project decision meeting with the heads of all relevant ,federal agencies to decide whether to approve a project to provide emergency water supplies or otherwise address emergency drought conditions4 7,b7 ,meeting ,a meeting under subparagraph 7,a7 shall convene not later than #g days after the date of receipt of the meeting request4 7#c7 ,notification ,on receipt of a request for a meeting under this subsection1 the ,secretary of the ,interior shall notify the heads of all relevant ,federal departments and agencies of the request1 including a description of-- 7,a7 the project to be reviewed2 and 7,b7 the date for 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 project4 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 7#f7 ,limitation ,the expedited procedures under this subsection apply only-- 7,a7 to proposed new ,federal projects or operational changes pursuant to subsection 7a7 or 7b72 and 7,b7 to the extent the procedures are consistent with applicable laws 7including regulations74 7e7 ,drought plan ,for any year during which this section is in effect1 the ,secretaries of the ,interior and ,commerce1 in consultation with appropriate ,state officials1 shall develop a drought operations plan that is consistent with this ,act and other applicable ,federal and ,state laws1 including provisions intended to provide additional water supplies that could be of assistance during the drought in existence on the date of enactment of this ,act4 #cjc4 ,temporary operational flexibility to capture peak flows from winter storms 7a7 ,environmental protection mandate ,the ,secretaries of the ,interior and ,commerce shall take no action pursuant to this ,act that would cause additional adverse effects on the listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion1 using the best scientific and commercial data available4 7b7 ,real-,time management ,to achieve multiple goals ,pursuant to the adaptive management provisions of the smelt biological opinion and the salmonid biological opinion1 the ,secretaries of the ,interior and ,commerce shall monitor in real time to determine the location and densities of listed fish species relative to the pumps and ,delta conditions1 in order to identify-- 7#a7 opportunities to increase water pumping without violating the standard in subsection 7a7 or other environmental laws and regulations2 and 7#b7 circumstances where it is necessary to decrease water pumping to protect listed fish species4 7c7 ,requirement ,when consistent with the environmental protection mandate in subsection 7a7 and other environmental protections under subsection 7f71 the ,secretaries of the ,interior and ,commerce1 through the drought contingency plans1 shall evaluate and may authorize the ,central ,valley ,project and the ,state ,water ,project1 combined1 to operate at levels that result in daily average ,,omr flows more negative than #e1jjj cubic feet per second 7based on ,united ,states ,geological ,survey gauges on ,,omr7 to capture peak flows during storm-related events1 in accordance with subsections 7d71 7e71 and 7f74 7d7 ,factors ,to be considered ,in determining additional adverse effects on any listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the smelt biological opinion or salmonid biological opinion1 using the best scientific and commercial data available1 the ,secretaries of the ,interior and ,commerce may consider the following factors3 7#a7 ,the real-time distribution of listed species4 7#b7 ,relevant physical parameters including projected inflows1 turbidity1 salinities1 and tidal cycles4 7#c7 ,any other factor under the relevant biological opinion4 7e7 ,other environmental protections 7#a7 ,state law ,the actions of the ,secretaries of the ,interior and ,commerce pursuant to 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 during each water year1 based on objective evidence and notwithstanding the other provisions of this subsection1 the ,secretary of the ,interior shall manage ,,omr flow pursuant to the portion of the smelt biological opinion that protects adult ,delta smelt from the first flush if required to do so by the smelt biological opinion4 7#c7 ,applicability 7,a7 ,in general ,this section on capturing peak flows from winter storms shall not affect the application of the salmonid biological opinion during the period beginning on ,april #a and ending on ,may #ca1 unless the ,secretary of ,commerce determines that this section can be applied during part or all of that time period to provide emergency water supply relief without resulting in additional adverse effects beyond those anticipated to occur for the duration the salmonid biological opinion4 7,b7 ,through-delta water transfers ,in addition to any other actions to benefit water supply1 the ,secretaries of the ,interior and ,commerce shall consider allowing through-,delta water transfers to occur during the period referred to in subparagraph 7,a71 in accordance with section #cjb7;b77#h74 7#d7 ,monitoring ,in implementing this section1 the ,commissioner1 in coordination with the ,director1 the ,assistant ,administrator1 and the ,california ,department of ,fish and ,wildlife1 shall carry out a monitoring program and other data gathering activities-- 7,a7 to ensure incidental take levels are not exceeded2 and 7,b7 to identify potential negative impacts1 if any4 7f7 ,effect of high outflows ,when exercising their authorities pursuant to drought contingency plans to capture peak flows pursuant to subsection 7c71 the ,secretaries of the ,interior and ,commerce shall not count any day during that period toward the #e-;day or #ad-;day running averages of tidally filtered daily ,,omr flow requirements under the smelt biological opinion or the salmonid biological opinion unless doing so is required to avoid additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the biological opinions1 using the best scientific and commercial data available4 #cjd4 ,emergency environmental reviews ,to minimize the time spent carrying out environmental reviews and quickly to deliver water that is needed to address emergency drought conditions in the ,state of ,california1 the head of each applicable ,federal department or agency shall1 in carrying out this title1 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 during the emergency4 ,the ,council on ,environmental ,quality shall exercise its authority in a timely manner and with an outcome consistent with the need to address the emergency drought conditions in the ,state of ,california4 #cje4 ,level of detail required for analysis ,in articulating the determinations and demonstrations required under this title and title ,i1 the ,secretaries of the ,interior and ,commerce shall-- 7#a7 fully satisfy the requirements of this title addressing both supporting and countervailing evidence using such quantity of written supporting detail as is reasonable within the timeframe permitted for timely decisionmaking in response to changing conditions in the ,delta2 and 7#b7 make the decision document available on a publicly accessible ,internet website4 ,,iv ,water rights #dja4 ,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 regarding potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to section #bjhj4a of the ,california ,fish and ,game ,code4 7b7 ,additional yield ,if1 as a result of the application of this ,act1 the ,california ,department of ,fish and ,wildlife-- 7#a7 determines that operations of the ,state ,water ,project are inconsistent with the consistency determinations issued pursuant to ,california ,fish and ,game ,code section #bjhj4a for operations of the ,state ,water ,project2 or 7#b7 requires take authorization under ,california ,fish and ,game ,code section #bjha for operation of the ,state ,water ,project1 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 result1 ,central ,valley ,project yield is greater than it otherwise would have been1 then that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset the reduced water supply1 provided that if it is necessary to reduce water supplies for any ,central ,valley ,project authorized uses or contractors to make available to the ,state ,water ,project that additional yield1 such reductions shall be applied proportionately to those uses or contractors that benefit from that increased yield4 7c7 ,notification related to environmental protections ,the ,secretaries of the ,interior and ,commerce shall-- 7#a7 notify the ,director of the ,california ,department of ,fish and ,wildlife regarding any changes in the manner in which the smelt biological opinion or the salmonid biological opinion is implemented2 and 7#b7 confirm that those changes are consistent with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,savings ,nothing in this section shall have any effect on the application of the ,california ,endangered ,species ,act 7,california ,fish and ,game ,code sections #bjej through #baaf74 #djb4 ,area of origin and water rights protections 7a7 ,in general ,in carrying out this ,act1 the ,secretaries of the ,interior and ,commerce shall not take any action that-- 7#a7 diminishes1 impairs1 or otherwise affects in any manner any area of origin1 watershed of origin1 county of origin1 or any other water rights protection1 including rights to water appropriated before ,december #ai1 #aiad1 provided under ,california law2 7#b7 limits1 expands1 or otherwise affects the application of section #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfa1 #aadfb1 #aadfc1 or #abbjj through #abbbj of the ,california ,water ,code or any other provision of ,california water rights law1 without respect to whether such a provision is specifically referred to in this ,act2 or 7#c7 diminishes1 impairs1 or otherwise affects in any manner any water rights or water rights priorities under applicable law4 7b7 ,effect of ,act ,nothing in this ,act-- 7#a7 affects or modifies any obligation of the ,secretary of the ,interior under section #h of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #cij1 chapter #ajic72 or 7#b7 diminishes1 impairs1 or otherwise affects in any manner any project purposes or priorities for the allocation1 delivery1 or use of water under applicable law1 including the project purposes and priorities established under sections #cdjb and #cdjf of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf74 #djc4 ,no redirected adverse impacts 7a7 ,applicability 7#a7 ,in general ,the ,secretaries of the ,interior and ,commerce shall not carry out any specific action pursuant to this ,act that will directly or1 through ,state agency action1 indirectly result in the involuntary reduction of water supply to an individual1 district1 or agency that has in effect a contract for water with the ,state ,water ,project or the ,central ,valley ,project1 including settlement and exchange contracts1 operating contracts1 refuge contracts1 and ,friant ,division contracts1 as compared to the water supply that would be provided in the absence of action under this ,act4 7#b7 ,effect of ,act ,nothing in this ,act modifies1 amends1 or affects any right or obligation of any party to a contract described in paragraph 7#a74 7b7 ,action on determination ,if1 after exploring all options1 the ,secretary makes a final determination that a proposed action under this ,act cannot be carried out in accordance with subsection 7a71 the ,secretary-- 7#a7 shall document that determination in writing with regard to that action1 including a statement of the facts relied on1 and an explanation of the basis1 for the decision2 and 7#b7 is subject to applicable law1 including the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #djd4 ,allocations for ,sacramento ,valley water service contractors 7a7 ,definitions ,in this section3 7#a7 ,existing central valley project agricultural water service contractor within ,sacramento ,river ,watershed ,the term existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed means any water service contractor within the ,shasta1 ,trinity1 or ,sacramento ,river ,division of the ,central ,valley ,project that has in effect a water service contract on the date of enactment of this ,act that provides water for irrigation4 7#b7 ,year terms ,the terms ,above ,normal1 ,below ,normal1 ,dry1 and ,wet1 with respect to a year1 have the meanings given those terms in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 7b7 ,allocations of water 7#a7 ,allocations ,subject to subsection 7c71 the ,secretary of the ,interior shall make every reasonable effort in the operation of the ,central ,valley ,project to allocate water provided for irrigation purposes to each existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in accordance with the following3 7,a7 ,not less than #ajj percent of the contract quantity shall be allocated to the ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,wet year4 7,b7 ,not less than #ajj percent of the contract quantity shall be allocated to the ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in an ,above ,normal year4 7,c7 ,not less than #ajj percent of the contract quantity shall be allocated to the ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,below ,normal year that is preceded by an ,above ,normal or ,wet year4 7,d7 ,not less than #ej percent of the contract quantity shall be allocated to the existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed in a ,dry year that is preceded by a ,below ,normal1 ,above ,normal1 or ,wet year4 7,e7 ,subject to paragraph 7#b71 in any other year not identified in any of subparagraphs 7,a7 through 7,d71 the ,secretary shall allocate not less than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors1 up to #ajj percent4 7#b7 ,effect of subparagraph ,in the event of anomalous circumstances1 nothing in paragraph 7#a77;,e7 precludes an allocation to an existing ,central ,valley ,project agricultural water service contractor within the ,sacramento ,river ,watershed that is greater than twice the allocation percentage to a south-of-,delta ,central ,valley ,project agricultural water service contractor4 7c7 ,protection of environment1 municipal1 and industrial supplies and other contractors 7#a7 ,environment ,nothing in subsection 7b7 shall adversely affect any protections for the environment1 including-- 7,a7 the cold water pool behind ,shasta ,dam or any other ,central ,valley ,project reservoir2 7,b7 the obligation of the ,secretary of the ,interior to make water available to managed wetlands pursuant to section #cdjf7;d7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbb72 or 7,c7 any obligation-- 7i7 of the ,secretaries of the ,interior and ,commerce under the smelt biological opinion1 the salmonid biological opinion1 or any other applicable biological opinion2 or 7ii7 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 or any other applicable ,state or ,federal law 7including regulations74 7#b7 ,municipal and industrial supplies ,nothing in subsection 7b7 shall-- 7,a7 modify any provision of a water service contract that addresses municipal or industrial water shortage policies of the ,secretaries of the ,interior and ,commerce2 7,b7 affect or limit the authority of the ,secretaries of the ,interior and ,commerce-- 7i7 to adopt or modify municipal and industrial water shortage policies2 or 7ii7 to implement a municipal or industrial water shortage policy2 7,c7 constrain1 govern1 or affect1 directly or indirectly1 the operations of the ,american ,river ,division of the ,central ,valley ,project or any deliveries from that ,division or a unit or facility of that ,division2 or 7,d7 affect any allocation to a ,central ,valley ,project municipal or industrial water service contractor by increasing or decreasing allocations to the contractor1 as compared to the allocation the contractor would have received absent subsection 7b74 7#c7 ,other contractors ,nothing in subsection 7b7 shall-- 7,a7 affect the priority of any individual or entity with a ,sacramento ,river settlement contract over water service or repayment contractors2 7,b7 affect the obligation of the ,united ,states to make a substitute supply of water available to the ,san ,joaquin ,river exchange contractors2 7,c7 result in the involuntary reduction in water allocations to refuge contractors2 7,d7 affect the allocation of water to ,friant ,division contractors of the ,central ,valley ,project2 7,e7 result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the ,friant ,division2 or 7,f7 authorize any actions inconsistent with ,state water rights law4 ,v ,miscellaneous provisions #eja4 ,authorized service area 7a7 ,in general ,the service area of the ,central ,valley ,project1 as authorized by the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 shall include the area within the boundaries of the ,kettleman ,city ,community ,services ,district of ,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 reclamation laws1 shall enter into a long-term contract with the ,kettleman ,city ,community ,services ,district of ,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 ,a ,central ,valley ,project water delivery 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 in the event that local supplies or ,state ,water ,project allocations are insufficient to meet those needs4 7c7 ,permit ,the ,secretary shall apply to the ,state of ,california for a permit for a joint place of use for water deliveries under the contract entered into under subsection 7b7 with respect to the expanded service area under subsection 7a71 in accordance with ,state law4 7d7 ,additional costs ,the applicable non-,federal entity shall pay the costs of any additional infrastructure1 water treatment1 or related costs are needed to carry out this section4 #ejb4 ,oversight over and public input into ,restoration ,fund activities ,section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,restoration ,fund financial reports 7#a7 ,transparency in expenditures ,for the effective period of the ,california ,emergency ,drought ,relief ,act1 the ,secretary shall make available1 on a publicly accessible ,internet website1 a report describing a detailed work plan for the expenditure of all amounts deposited in the ,restoration ,fund during the preceding fiscal year1 including-- 7,a7 a description of all receipts to1 and uses of1 funds deposited in the ,restoration ,fund and the ,restoration ,account during the preceding fiscal year2 7,b7 a projection of the expected receipts to the ,restoration ,fund and ,restoration ,account for the following fiscal year2 and 7,c7 an analysis of the effectiveness of each expenditure included in the report covering the preceding fiscal year4 7#b7 ,public participation for planned expenditures 7,a7 ,in general ,for each fiscal year1 the ,secretary shall make available on a publicly accessible ,internet website a proposed draft work plan for the following fiscal year regarding priorities and spending levels for projects and programs to be carried out under this title4 7,b7 ,public comment ,the draft work plan under this paragraph shall be made available for public comment for a period not less than #cj days4 4 #ejc4 ,basin studies 7a7 ,in general ,the ,secretary of the ,interior shall-- 7#a7 expand opportunities and expedite completion of assessments under the ,secure ,water ,act 7section #iejc7;b7 of ,public ,law #aaa-aa 7#db ,u4,s4,c4 #ajcfc7;b7771 together with non-,federal partners1 of individual sub-basins and watersheds within major ,reclamation river basins2 and 7#b7 ensure prompt decisionmaking regarding1 and expedited implementation of1 adaptation and mitigation strategies developed through the special study process4 7b7 ,contributed funds ,the ,secretary may accept and use contributions of funds from the non-,federal partners to carry out activities under the special studies consistent with the administration of basin studies program criteria4 #ejd4 ,technical and modeling assistance 7a7 ,in general ,the ,secretaries of the ,interior and ,commerce may provide technical and modeling assistance on request to the ,state ,water ,resources ,control ,board during the drought emergency in effect on the date of enactment of this ,act4 7b7 ,data availability ,the ,secretaries of the ,interior and ,commerce shall make publicly available on request any modeling and data provided under subsection 7a74 #eje4 ,report on results of water usage ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce and the ,secretary of ,natural ,resources of the ,state of ,california1 shall publish an annual report describing1 with respect to the period covered by the report-- 7#a7 instream flow releases from the ,central ,valley ,project and ,state ,water ,project2 7#b7 the explicit purpose and authority of those releases2 and 7#c7 all measured environmental benefits as a result of the releases4 #ejf4 ,additional storage at ,new ,melones 7a7 ,coordination ,the ,commissioner shall coordinate with local water and irrigation districts in the ,stanislaus ,river ,basin to identify the quantity of water storage made available by the draft plan of operations in ,new ,melones ,reservoir 7referred to in this section as the draft plan7 for-- 7#a7 water conservation programs2 7#b7 conjunctive use projects2 7#c7 water transfers2 7#d7 rescheduled project water2 and 7#e7 other projects to maximize water storage and ensure the beneficial use of the water resources in the ,stanislaus ,river ,basin4 7b7 ,requirement ,the programs and projects described in subsection 7a7 shall be implemented in accordance with applicable laws 7including regulations74 7c7 ,source of water ,the source of water for any storage program carried out under this section at ,new ,melones ,reservoir shall be made available under a valid water right1 in accordance with-- 7#a7 the water transfer guidelines of the ,state of ,california2 and 7#b7 any other applicable ,state water law4 7d7 ,report ,not later than #ah months after the date of identification of the quantity of storage made available under the draft plan that has been allocated under this section1 the ,commissioner shall submit to ,congress a report describing the implementation of this section1 including proposals received by the ,commissioner from interested parties for purposes of this section4 #ejg4 ,contracting authorities 7a7 ,delta research station leases ,notwithstanding section #ehe of title #dj1 ,united ,states ,code1 the ,secretaries of the ,interior and ,commerce may enter directly into any lease of real property for the ,delta ,research ,station4 7b7 ,collaborative processes ,notwithstanding the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 and applicable ,federal acquisitions and contracting authorities1 the ,secretaries of the ,interior and ,commerce may use the collaborative processes under the ,collaborative ,science ,adaptive ,management ,program to enter into contracts with specific individuals or organizations directly or in conjunction with appropriate ,state agencies4 #ejh4 ,voluntary open water data system 7a7 ,definitions ,in this section3 7#a7 ,educational institution ,the term educational institution means-- 7,a7 a public or private elementary or secondary school2 7,b7 an institution of vocational1 professional1 or higher education 7including a junior college or teachers' college72 and 7,c7 an association of schools or institutions described in subparagraphs 7,a7 and 7,b74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey4 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#e7 ,system ,the term system means the open water data system established under subsection 7b74 7b7 ,system ,the ,secretary shall establish and maintain an open water data system within the ,united ,states ,geological ,survey to advance the availability1 timely distribution1 and widespread use of water data and information for water management1 education1 research1 assessment1 and monitoring purposes4 7c7 ,purposes ,the purposes of the system are-- 7#a7 to promote the voluntary sharing of water data and information among ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 7#b7 to advance the quantification of the availability1 use of1 and risks to1 water resources throughout the ,united ,states2 7#c7 to increase accessibility to1 and expand the use of1 water data and information in a standard1 easy-to-use format by ,federal1 ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector2 and 7#d7 to facilitate the open exchange of water information particularly in the face of climate change and unprecedented drought4 7d7 ,activities 7#a7 ,in general ,in carrying out this section1 the ,secretary shall coordinate with the ,national ,oceanic and ,atmospheric ,administration-- 7,a7 to integrate water data and information into an interoperable1 national1 geospatially referenced water data framework2 7,b7 to identify new water data and information needs1 including data on surface and groundwater quality and quantity1 contaminated aquifers1 sediment1 erosion1 transport1 water chemistry1 brackish water1 precipitation1 reservoir storage1 water cycle1 landscape variables1 hydrography1 climate and weather impacts1 soil moisture1 and human use2 7,c7 to leverage existing shared databases1 infrastructure1 and tools to provide a platform for water data and information innovation1 modeling and data sharing1 and solution development2 and 7,d7 to support water data and information sharing1 applied research1 and educational programs of ,state1 local1 and tribal governments1 communities1 educational institutions1 and the private sector4 7#b7 ,requirement ,any activity carried out pursuant to this section by the ,secretary or a non-,federal participant shall be-- 7,a7 voluntary2 and 7,b7 carried out in accordance with all ,federal and ,state privacy laws4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjaf through #bjbj4 #eji4 ,single annual report ,to the maximum extent practicable1 the ,secretary of the ,interior shall combine into #a report the annual reports required to be submitted under this ,act to the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives4 ,,vi ,offsets #fja4 ,deauthorization of inactive projects 7a7 ,purposes2 definitions 7#a7 ,purposes ,the purposes of this section are-- 7,a7 to identify ,bureau of ,reclamation projects and programs that are no longer feasible due to-- 7i7 a lack of local support2 7ii7 a lack of available ,federal or non-,federal resources2 or 7iii7 an authorized purpose that is no longer relevant or feasible2 7,b7 to establish an efficient and transparent process for deauthorizing ,reclamation projects and programs that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects2 7,c7 to create an expedited and definitive process to deauthorize ,reclamation projects and programs2 7,d7 to allow the continued authorization of programs and projects that are feasible2 and 7,e7 to establish a process for identifying authorized ,reclamation projects and programs that are no longer-- 7i7 in the ,federal interest2 or 7ii7 feasible4 7#b7 ,definitions ,in this section3 7,a7 ,reclamation project or program ,the term ,reclamation project or program includes any project or program that is administered by the ,bureau of ,reclamation4 7,b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,comprehensive reports 7#a7 ,minimum funding list ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and make available on a publicly accessible ,internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7,a7 ,reclamation programs authorized1 and for which funding was obligated1 during the current fiscal year or any of the preceding #e fiscal years2 and 7,b7 7i7 ,reclamation projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the #e preceding fiscal years2 7ii7 the amount of funding obligated for each such project or separable element per fiscal year2 7iii7 the current phase of each such project or separable element2 and 7iv7 the amount required to complete the current phase of each such project or separable element4 7#b7 ,backlog report ,together with the report under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and make available on a publicly accessible ,internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7,a7 ,reclamation programs that are authorized and for which funding was not obligated during the current fiscal year or any of the preceding #e fiscal years2 and 7,b7 7i7 projects or separable elements that are authorized for construction but have not been completed2 7ii7 the date of authorization of the project or separable element1 including any subsequent modifications to the original authorization2 7iii7 the original budget authority for the project or separable element2 7iv7 a brief description of the project or separable element2 7v7 the estimated date of completion of the project or separable element2 7vi7 the estimated cost of completion of the project or separable element2 and 7vii7 any amounts appropriated for the project or separable element that remain unobligated4 7c7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop an interim deauthorization list that identifies each authorized ,reclamation program or project1 or separable element of a ,reclamation program or project1 for which ,federal or non-,federal funds were not obligated for construction during-- 7,a7 the applicable fiscal year2 or 7,b7 any of the #e preceding fiscal years4 7#b7 ,special rule for projects receiving funds for post-authorization study ,a ,reclamation project or separable element of a ,reclamation project may not be identified on the interim deauthorization list1 or on the final deauthorization list under subsection 7d71 if the ,reclamation project or separable element received funding for a post-authorization study during-- 7,a7 the applicable fiscal year2 or 7,b7 any of the #e preceding fiscal years4 7#c7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit comments from the public and the ,governors of each applicable ,state regarding the interim deauthorization list developed under paragraph 7#a74 7,b7 ,comment period ,the public comment period under subparagraph 7,a7 shall be #ij days4 7#d7 ,submission to ,congress2 publication ,not later than #ij days after the date of submission of the list required under subsection 7b71 the ,secretary shall-- 7,a7 submit the interim deauthorization list to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the interim deauthorization list in the ,federal ,register4 7d7 ,final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a final deauthorization list of each ,reclamation program or project1 or separable element of a ,reclamation program or project1 described in subsection 7c77#a7 that is identified pursuant to this subsection4 7#b7 ,identification of projects 7,a7 ,sequencing 7i7 ,in general ,the ,secretary shall identify ,reclamation projects and separable elements of ,reclamation projects for inclusion on the final deauthorization list according to the order in which the ,reclamation projects and separable elements were authorized1 beginning with the earliest-authorized ,reclamation projects and separable elements4 7ii7 ,factors for consideration ,the ,secretary may identify a ,reclamation program1 project1 or separable element of a ,reclamation program or project for exclusion from the final deauthorization list if the ,secretary determines1 on a case-by-case basis1 that the ,reclamation program1 project1 or separable element is critical for interests of the ,united ,states1 based on the possible impact of the ,reclamation program1 project1 or separable element on-- 7,i7 public health and safety2 7,,ii7 the national economy2 or 7,,iii7 the environment4 7iii7 ,consideration of public comments ,in making a determination under clause 7i7 or 7ii71 the ,secretary shall take into consideration any comments received under subsection 7c77#c74 7,b7 ,appendix ,the ,secretary shall include as part of the final deauthorization list an appendix that-- 7i7 identifies each ,reclamation program1 project1 and separable element of a ,reclamation program or project on the interim deauthorization list developed under subsection 7c7 that is not included on the final deauthorization list2 and 7ii7 describes the reasons why the ,reclamation program1 project1 or separable element is not included4 7#c7 ,submission to ,congress2 publication ,not later than #abj days after the date of expiration of the public comment period under subsection 7c77#c71 the ,secretary shall-- 7,a7 submit the final deauthorization list and the appendix under paragraph 7#b77;,b7 to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the final deauthorization list and the appendix in the ,federal ,register4 7e7 ,deauthorization2 congressional review 7#a7 ,in general ,subject to paragraph 7#b71 effective beginning on the date that is #ahj days after the date of submission of the final deauthorization list under subsection 7d71 a ,reclamation program1 project1 or separable element of a ,reclamation program or project included on the list is deauthorized1 unless ,congress passes a joint resolution disapproving the final deauthorization report before that date4 7#b7 ,non-,federal contributions ,a ,reclamation program1 project1 or separable element included on the final deauthorization list under subsection 7d7 shall not be deauthorized under this subsection if1 before the expiration of the #ahj-;day period referred to in paragraph 7#a71 the non-,federal interest of the ,reclamation program1 project1 or separable element provides sufficient funds to complete the ,reclamation program1 project1 or separable element4 7f7 ,treatment of project modifications ,for purposes of this section1 if an authorized water resources development ,reclamation program1 project1 or separable element of the program or project has been modified by an ,act of ,congress1 the date of authorization of the ,reclamation program1 project1 or separable element shall be deemed to be the date of the most recent modification4 7g7 ,exemption ,any ,reclamation project that would yield an average of more than #bjj1jjj acre-feet of water per year shall be exempt from this subsection4 #fjb4 ,accelerated revenue1 repayment1 and surface water storage enhancement 7a7 ,short title ,this section may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 7b7 ,definitions ,in this section3 7#a7 ,account ,the term ,account means the ,reclamation ,surface ,water ,storage ,account established under subsection 7f77#a74 7#b7 ,construction 7,a7 ,in general ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage4 7,b7 ,inclusions ,the term construction includes-- 7i7 any addition to existing surface water storage2 and 7ii7 construction of a new surface water storage facility4 7,c7 ,exclusions ,the term construction excludes any ,federal statutory or regulatory obligation relating to any permit1 review1 approval1 or other similar requirement4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,surface water storage ,the term surface water storage means storage at-- 7,a7 any federally owned facility under the jurisdiction of the ,bureau of ,reclamation2 or 7,b7 any non-,federal facility used for the surface storage and supply of water resources4 7#e7 ,treasury rate ,the term ,treasury rate means the #bj-year constant maturity treasury rate published by the ,united ,states ,treasury1 as in existence on the effective date of the applicable contract4 7#f7 ,water users association 7,a7 ,in general ,the term water users association means an entity organized and recognized under ,state law that is eligible to enter into contracts with the ,commissioner-- 7i7 to receive contract water for delivery to users of the water2 and 7ii7 to pay any applicable charges4 7,b7 ,inclusions ,the term water users association includes-- 7i7 an association2 7ii7 a conservatory district2 7iii7 an irrigation district2 7iv7 a municipality2 and 7v7 a water project contract unit4 7c7 ,conversion and prepayment of contracts 7#a7 ,conversion 7,a7 ,in general ,on receipt of a request from a water users association1 the ,secretary shall convert any water service contract in effect on the date of enactment of this ,act between the ,united ,states and the water users association to allow for prepayment of the repayment contract in accordance with this paragraph under mutually agreeable terms and conditions4 7,b7 ,manner ,the manner of conversion under this paragraph shall be as follows3 7i7 ,water service contracts entered under section #i7;c77#b7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah71 to be converted under this section shall be converted to a contract under section #i7;c77#a7 of that ,act 7#ec ,stat4 #aaid1 chapter #dah74 7ii7 ,water service contracts entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif1 chapter #dah71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie1 chapter #dah74 7#b7 ,prepayment 7,a7 ,section #i7;c77#a7 ,except for a repayment contract under which the applicable water users association has previously negotiated for prepayment1 each repayment contract under section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah7 7including any contract converted pursuant to paragraph 7#a77;,b77i771 in effect on the date of enactment of this ,act shall1 at the request of the water users association-- 7i7 provide for the repayment in lump sum of the remaining construction costs identified in an applicable water project-specific municipal or industrial rate repayment schedule 7as adjusted to reflect payment not reflected in the schedule7 and properly assignable for ultimate return by the water users association1 subject to the condition that an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the water users association by not later than #ij days after the date of receipt of the request of the water users association2 7ii7 require that any construction costs or other capitalized costs that were incurred after the effective date of the contract1 were not reflected in the rate schedule referred to in clause 7i71 or were not properly assignable to the water users association1 and were incurred as a result of a collective annual allocation of capital costs to the water users association electing contract conversion under this subsection1 shall be repaid-- 7,i7 for costs equal to less than #e1jjj1jjj1 by not later than the date that is #e years after the date of notification of the allocation2 or 7,,ii7 for costs equal to #e1jjj1jjj or more1 in accordance with applicable reclamation laws2 and 7iii7 continue in effect for the period during which the water users association pays applicable charges in accordance with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah71 and other applicable law4 7,b7 ,section #i7;d7 ,except for a repayment contract under which the applicable water users association has previously negotiated for prepayment1 each repayment contract under section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah7 7including any contract converted pursuant to paragraph 7#a77;,b77ii771 in effect on the date of enactment of this ,act shall1 at the request of the water users association-- 7i7 provide for repayment of the remaining construction costs identified in an applicable water project-specific irrigation rate repayment schedule 7as adjusted to reflect payment not reflected in the schedule7 and properly assignable for ultimate return by the water users association in lump sum1 by accelerated prepayment1 or if made in approximately equal installments1 by not later than #c years after the effective date of the repayment contract1 subject to the conditions that-- 7,i7 the amount shall be discounted by #a_/b the ,treasury rate2 and 7,,ii7 the estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the water users association by not later than #ij days after the date of receipt of the request of the water users association2 7ii7 require that any construction costs or other capitalized costs that were incurred after the effective date of the contract1 were not reflected in the rate schedule referred to in clause 7i71 or were not properly assignable to the water users association1 and were incurred as a result of a collective annual allocation of capital costs to the water users association electing contract conversion under this subsection1 shall be repaid-- 7,i7 for costs equal to less than #e1jjj1jjj1 by not later than the date that is #e years after the date of notification of the allocation2 or 7,,ii7 for costs equal to #e1jjj1jjj or more1 in accordance with applicable reclamation laws2 7iii7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7iv7 continue in effect for the period during which the water users association pays applicable charges in accordance with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah71 and other applicable law4 7#c7 ,treatment ,a contract entered into pursuant to this subsection-- 7,a7 shall not be adjusted on the basis of the type of prepayment financing used by the applicable water users association2 7,b7 shall conform to any other applicable agreement1 such as a settlement agreement or a new constructed appurtenant facility agreement2 and 7,c7 shall not modify any other-- 7i7 water service1 repayment1 exchange1 or transfer contractual right between the water users association1 and the ,bureau of ,reclamation2 or 7ii7 right1 obligation1 or relationship of the water users association and an applicable landowner in accordance with ,state law4 7d7 ,accounting 7#a7 ,adjustment ,the amounts paid pursuant to subsection 7c7 shall be subject to adjustment following a final cost allocation by the ,secretary4 7#b7 ,deficiencies 7,a7 ,in general ,if the final cost allocation under paragraph 7#a7 indicates that the costs properly assignable to a water users association are greater than the costs paid by the water users association1 the water users association shall be obligated to pay to the ,secretary the remaining allocated costs under an additional repayment contract under subparagraph 7,b74 7,b7 ,additional repayment contracts ,an additional repayment contract required by subparagraph 7,a7 shall-- 7i7 have a term of-- 7,i7 not less than #a year2 and 7,,ii7 not more than #aj years2 and 7ii7 include such mutually agreeable provisions regarding the rate of repayment of the deficient amount as may be developed by the parties4 7#c7 ,overpayments ,if the final cost allocation under paragraph 7#a7 indicates that the costs properly assignable to a water users association are less than the costs paid by the water users association1 the ,secretary shall credit the amount of the overpayment as an offset against any outstanding or future obligation of the water users association with the exception of ,restoration ,fund charges pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege4 7e7 ,applicability of certain provisions 7#a7 ,effect of existing law ,on compliance by a water users association with1 and discharge of the obligation of repayment of the construction costs pursuant to1 a contract entered into under to subsection 7c77#b77;,b71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm7 shall apply to any affected land4 7#b7 ,effect of other obligations ,the obligation of a water users association to repay any construction costs or other capitalized cost described in subparagraph 7,a77ii7 or 7,b77ii7 of subsection 7c77#b71 or subsection 7d71 shall not1 on repayment1 affect-- 7,a7 the status of the water users association as having repaid all of the construction costs assignable to the water users association2 or 7,b7 the applicability of subsection 7a7 or 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm74 7f7 ,surface water storage enhancement program 7#a7 ,establishment of account ,the ,secretary shall establish an account1 to be known as the ,reclamation ,surface ,storage ,account1 consisting of such amounts as are deposited in the ,account under paragraph 7#b71 to fund the construction of surface water storage4 7#b7 ,deposits ,not later than #c years after the date of enactment of this ,act1 an amount equal to #ej percent of receipts generated from the prepayment of contracts under this section in excess of amounts necessary to cover the amount of receipts forgone from scheduled payments under applicable law in effect on that date of enactment during the #aj-year period beginning on that date of enactment shall be deposited in the ,account4 7#c7 ,use 7,a7 ,cooperative agreements ,the ,secretary may-- 7i7 enter into cooperative agreements with water users associations for the construction of surface water storage2 and 7ii7 use amounts in the ,account to fund construction under such a cooperative agreement4 7,b7 ,treatment ,a surface water storage project that is otherwise not federally authorized shall not be considered to be a ,federal facility as a result of the allocation of any amount from the ,account for any portion of the project4 7#d7 ,repayment ,any amount from the ,account used for surface water storage construction shall be fully reimbursed to the ,account in accordance with applicable requirements under the reclamation laws1 except that all funds reimbursed shall be deposited in the ,account4 7#e7 ,availability of amounts ,the amounts deposited in the ,account under this subsection shall-- 7,a7 be made available for the storage projects identified in section #djb1 subject to appropriation2 and 7,b7 be in addition to amounts appropriated for those purposes under any other provision of law4 7#f7 ,purposes of surface water storage ,the construction of surface water storage under this section shall be made available for the federally owned and ,state-led storage projects pursued under this ,act1 provided that funds are limited to the ,federal cost-share 7up to #be percent for ,state-led projects and up to #ej percent for federally owned projects74 7g7 ,effect of section ,nothing in this section-- 7#a7 alters the repayment obligation of any water service or repayment contractor receiving water from a water project1 or shifts any costs that would otherwise have been properly assignable to a water users association described in subsection 7c7 or another contractor1 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of enactment of this ,act2 7#b7 alters any specific requirement for the disposition of amounts received as repayments by the ,secretary under the reclamation laws2 or 7#c7 except as expressly provided in this section1 alters any obligations under the reclamation law1 including the continuation of ,restoration ,fund charges pursuant to section #cdjg7;d7 7,public ,law #ajb-ege71 of the water service and repayment contractors making prepayments pursuant to this section4 ,,vii ,duration and effect on existing obligations #gja4 ,savings clause 7a7 ,in general ,this ,act shall not be interpreted or implemented in a manner that-- 7#a7 preempts or modifies any obligation of the ,united ,states to act in conformance with applicable ,state law1 including applicable ,state water law2 7#b7 affects or modifies any obligation under the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 except for the procedural provisions relating to public input and savings provisions for the ,stanislaus ,river predator management program expressly established by sections #bjc and #ejb2 or 7#c7 overrides1 modifies1 or amends the applicability of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or the application of the smelt and salmonid biological opinions to the operation of the ,central ,valley ,project or the ,state ,water ,project4 7b7 ,severability ,if any provision of this ,act1 or any application of such provision to any person or circumstance1 is held to be inconsistent with any law or the biological opinions1 the remainder of this ,act and the application of this ,act to any other person or circumstance shall not be affected4 #gjb4 ,termination ,all of title ,,iii 7relating to ,california emergency drought relief and operational flexibility71 except for subsections 7a7 through 7d7 of section #cja1 and title ,,iv 7relating to water rights7 shall expire on the date that is the later of-- 7#a7 the date on which the ,governor of the ,state of ,california declares an end to the ,state drought emergency2 or 7#b7 ,september #cj1 #bjag4