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Title II — Sacramento-San Joaquin Valley Water Reliability Act

H.R. 5217 · 116th Congress · Nov 21, 2019 · Lineage

II Sacramento-San Joaquin Valley Water Reliability Act

A Central Valley Project Water Reliability

Sec. 2001 Amendment to purposes

Section 3402 of the Central Valley Project Improvement Act (106 Stat. 4706) is amended—
(1)
in subsection (f), by striking the period at the end; and
(2)
by adding at the end the following:

“(g) to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to Central Valley Project water contractors by December 31, 2023, at the lowest cost reasonably achievable; and

“(h) to facilitate and expedite water transfers in accordance with this Act.”

Sec. 2002 Amendment to definition

Section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707) is amended—
(1)
by amending subsection (a) to read as follows:

“(a) the term anadromous fish means those native stocks of salmon (including steelhead) and sturgeon that, as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean;”

(2)
in subsection (h), by striking “(h) The term natural production means fish produced to adulthood without direct human intervention in the spawning, rearing, or migration processes;” and by redesignating subsections (i) through (m) as subsections (h) through (l), respectively;
(3)
in subsection (k), by striking “and,” after “this title”;
(4)
in subsection (l), by striking the period and inserting “; and”; and
(5)
by adding at the end the following:

“(m) the term reasonable flows means water flows capable of being maintained taking into account competing consumptive uses of water and economic, environmental, and social factors.”

Sec. 2003 Contracts

Section 3404 of the Central Valley Project Improvement Act (106 Stat. 4708) is amended—
(1)
in the heading, by striking “Limitation on contracting and contract reform” and inserting “Contracts”; and
(2)
by striking the language of the section and by adding:

“(a) Renewal of existing long-Term contracts—Upon request of the contractor, the Secretary shall renew any existing long-term repayment or water service contract that provides for the delivery of water from the Central Valley Project for a period of 40 years. In renewing the contract, the Secretary shall not have discretion to reduce the quantity of water to be delivered under the contract.

“(b) Administration of contracts—Except as expressly provided by this Act, any existing long-term repayment or water service contract for the delivery of water from the Central Valley Project shall be administered pursuant to the Reclamation laws applicable to the contract, including the Act of July 2, 1956 (70 Stat. 483), when applicable.

“(c) Pricing based on water deliveries—Beginning on the date of the enactment of this Act, the Secretary shall charge contractors only for water actually delivered. The Secretary shall incorporate this term in all contracts for the delivery of water from the Central Valley Project.”

Sec. 2004 Water transfers, improved water management, and conservation

Section 3405 of the Central Valley Project Improvement Act (106 Stat. 4709) is amended as follows:
(1)
In subsection (a)—
(A)
by inserting before “Except as provided herein” the following: “The Secretary shall take all necessary actions to facilitate and expedite transfers of Central Valley Project water in accordance with this Act or any other provision of Federal Reclamation laws and the National Environmental Policy Act of 1969.”;
(B)
in paragraph (1)(A), by striking “to combination” and inserting “or combination”;
(C)
in paragraph (2), by adding at the end the following:

“(E) The contracting district from which the water is coming, the agency, or the Secretary shall determine if a written transfer proposal is complete within 45 days after the date of submission of such proposal. If such district or agency or the Secretary determines that such proposal is incomplete, such district or agency or the Secretary shall state with specificity what must be added to or revised in order for such proposal to be complete.

“(F) Except as provided in this section, the Secretary shall not impose mitigation or other requirements on a proposed transfer, but the contracting district from which the water is coming or the agency shall retain all authority under State law to approve or condition a proposed transfer.”

(D)
by adding at the end the following:

“(4) Notwithstanding any other provision of Federal Reclamation laws—

“(A) the authority to make transfers or exchanges of, or banking or recharge arrangements using, Central Valley Project water that could have been conducted before October 30, 1992, is valid, and such transfers, exchanges, or arrangements shall not be subject to, limited, or conditioned by this title; and

“(B) this title shall not supersede or revoke the authority to transfer, exchange, bank, or recharge Central Valley Project water that existed prior to October 30, 1992.”

(2)
In subsection (b)—
(A)
in the heading, by striking “Metering” and inserting “Measurement”; and
(B)
by inserting after the first sentence the following: “The contracting district or agency shall ensure that all surface water delivery systems owned or operated by that contracting district or agency within its boundaries measure surface water at the district or agency’s facilities up to the point the surface water is commingled with other water supplies.”.
(3)
By striking subsection (d).
(4)
By redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(5)
By amending subsection (e) (as redesignated by paragraph (4))—
(A)
by striking “as a result of the increased repayment” and inserting “that exceed the cost-of-service”;
(B)
by inserting “the delivery of ” after “rates applicable to”;
(C)
by striking “, and all increased revenues received by the Secretary as a result of the increased water prices established under subsection 3405(d) of this section,”; and
(D)
by striking “covered” and inserting “deposited”.

Sec. 2005 Fish, wildlife, and habitat restoration

Section 3406 of the Central Valley Project Improvement Act (106 Stat. 4714) is amended as follows:
(1)
In subsection (a) by striking paragraphs (1) and (2), and redesignating paragraphs (3) and (4) as (1) and (2);
(2)
In subsection (b)—
(A)
by striking “establishing” and inserting “that establish”; and
(B)
by inserting “, that the Secretary has determined are not inconsistent with the congressionally authorized purposes of the project, ” after “California State Water Resources Control Board”;
(C)
in paragraph (1)—
(i)
by striking “natural production of”;
(ii)
by striking “levels not less than twice”; and
(iii)
by striking “title; And provided further,” and all that follows through the period and inserting “title.”;
(D)
in paragraph (1)(B)—
(i)
by striking “is authorized and directed to” and inserting “may”;
(ii)
by inserting “reasonable water” after “to provide”;
(iii)
by striking “anadromous fish, except that such” and inserting “anadromous fish. Such”;
(iv)
by striking “remaining contractual obligations” and inserting “contractual obligations”;
(v)
by striking “Instream flow” and inserting “Reasonable instream flow”;
(vi)
by inserting “and the National Marine Fisheries Service” after “United States Fish and Wildlife Service”; and
(vii)
by striking “after consultation with the California Department of Fish and Game”;
(E)
in paragraph (2)—
(i)
by striking “primary purpose” and inserting “purposes”;
(ii)
by striking “but not limited to” before “additional obligations”; and
(iii)
by adding after the period the following: “All Central Valley Project water used for the purposes specified in this paragraph shall be credited to the quantity of Central Valley Project yield dedicated and managed under this paragraph by determining how the dedication and management of such water would affect the delivery capability of the Central Valley Project during the 1928 to 1934 drought period after fishery, water quality, and other flow and operational requirements imposed by terms and conditions existing in licenses, permits, and other agreements pertaining to the Central Valley Project under applicable State or Federal law existing on October 30, 1992, have been met. To the fullest extent possible and in accordance with section 3411, Central Valley Project water dedicated and managed pursuant to this paragraph shall be reused to fulfill the Secretary’s contractual obligations to provide Central Valley Project water for agricultural or municipal and industrial purposes.”;
(F)
by amending paragraph (2)(B) to read:

“(B) Such quantity of water shall be managed by the Bureau of Reclamation after consultation with the United States Fish and Wildlife Service and the National Marine Fisheries Service.”

(G)
by amending paragraph 2(C) to read:

“(C) If by March 15th of any year the quantity of Central Valley Project water forecasted to be made available to water service or repayment contractors in the Delta Division of the Central Valley Project is below 75 percent of the total quantity of water to be made available under said contracts, the quantity of Central Valley Project yield dedicated and managed for that year under this paragraph shall be reduced by 25 percent.”

(3)
In subsection (c) in paragraph (1) by striking “naturally reproducing”.
(4)
In subsection (d)—
(A)
in paragraph (1), by striking “paragraph (1) of this subsection” and inserting “paragraph (2) of this subsection”.
(B)
by amending paragraph (4) to read as follows:

“(4) If by March 15th of any year the quantity of Central Valley Project water forecasted to be made available to water service or repayment contractors in the Delta Division of the Central Valley Project is below 75 percent of the total quantity of water to be made available under said contracts, the quantity of water dedicated under paragraph (1) of this subsection shall be reduced by 25 percent.”

(5)
In subsection (e)—
(A)
in paragraph (2), by striking “Provided, That additional hatchery production shall only be used to supplement or to re-establish natural production while avoiding adverse effects on remaining wild stocks;”; and
(B)
in paragraph (6), by striking “restore, and enhance natural production of salmon and steelhead trout” and inserting “and restore anadromous fish”.
(6)
By adding at the end the following:

“(i) Natural and artificial production of species—Regardless of the date of listing, the Secretaries of the Interior and Commerce shall not distinguish between natural production and artificial propagation or artificial production strains of a species in making any determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that relates to any anadromous fish species present in the Sacramento and San Joaquin Rivers or their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean.

“(j) Satisfaction of purposes—By pursuing the activities described in this section, the Secretary shall be deemed to have met the fish and wildlife mitigation, protection, restoration, and enhancement purposes of this title.”

Sec. 2006 Restoration fund

(a)
In general— Section 3407(a) of the Central Valley Project Improvement Act (106 Stat. 4726) is amended as follows:
(1)
By inserting “(1) In general.—There is hereby”.
(2)
By striking “Not less than 67 percent” and all that follows through “Monies” and inserting “Monies”.
(3)
By adding at the end the following:

“(2) Prohibitions—The Secretary may not directly or indirectly require a donation or other payment to the Restoration Fund—

“(A) or environmental restoration or mitigation fees not otherwise provided by law, as a condition to—

“(i) providing for the storage or conveyance of non-Central Valley Project water pursuant to Federal reclamation laws; or

“(ii) the delivery of water pursuant to section 215 of the Reclamation Reform Act of 1982 (Public Law 97–293; 96 Stat. 1270); or

“(B) for any water that is delivered with the intent of groundwater recharge or banking.”

(b)
Certain payments— Section 3407(c)(1) of the Central Valley Project Improvement Act is amended—
(1)
by striking “provided for or”; and
(2)
by striking “of fish, wildlife” and all that follows through the period and inserting “of carrying out all activities described in this title.”.
(c)
Adjustment and assessment of mitigation and restoration payments— Section 3407(d)(2)(A) of the Central Valley Project Improvement Act is amended by inserting “, or after October 1, 2013, $4 per megawatt-hour for Central Valley Project power sold to power contractors (October 2013 price levels)” after “$12 per acre-foot (October 1992 price levels) for municipal and industrial water sold and delivered by the Central Valley Project”.
(d)
Completion of actions— Section 3407(d)(2)(A) of the Central Valley Project Improvement Act is amended by inserting “not later than December 31, 2025,” after “That upon the completion of the fish, wildlife, and habitat mitigation and restoration actions mandated under section 3406,”.
(e)
Report; advisory board— Section 3407 of the Central Valley Project Improvement Act (106 Stat. 4714) is amended by adding at the end the following:

“(g) Report on expenditure of funds—At the end of each fiscal year, the Secretary, in consultation with the Restoration Fund Advisory Board, shall submit to Congress a plan for the expenditure of all of the funds deposited into the Restoration Fund during the preceding fiscal year. Such plan shall contain a cost-effectiveness analysis of each expenditure.

“(h) Advisory board

“(1) Establishment—There is hereby established the Restoration Fund Advisory Board (hereinafter in this section referred to as the “Advisory Board”) composed of 12 members selected by the Secretary, each for four-year terms, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent the various Central Valley Project stakeholders, four of whom shall be from CVP agricultural users, three from CVP municipal and industrial users, three from CVP power contractors, and two at the discretion of the Secretary. The Secretary and the Secretary of Commerce may each designate a representative to act as an observer of the Advisory Board.

“(2) Duties—The duties of the Advisory Board are as follows:

“(A) To meet at least semiannually to develop and make recommendations to the Secretary regarding priorities and spending levels on projects and programs carried out pursuant to the Central Valley Project Improvement Act.

“(B) To ensure that any advice or recommendation made by the Advisory Board to the Secretary reflect the independent judgment of the Advisory Board.

“(C) Not later than December 31, 2021, and annually thereafter, to transmit to the Secretary and Congress recommendations required under subparagraph (A).

“(D) Not later than December 31, 2021, and biennially thereafter, to transmit to Congress a report that details the progress made in achieving the actions mandated under section 3406.

“(3) Administration—With the consent of the appropriate agency head, the Advisory Board may use the facilities and services of any Federal agency.”

Sec. 2007 Additional authorities

(a)
Authority for certain activities— Section 3408 of the Central Valley Project Improvement Act (106 Stat. 4728) is amended—
(1)
by amending subdivision (c) to read as follows:

“(c) Additional storage and delivery of water

“(1) In general—Pursuant to Federal Reclamation laws and this title, the Secretary is authorized to enter into contracts or agreements with any Federal agency, California water user or water agency, State agency, joint powers authority, or private organization for the exchange, impoundment, storage, carriage, and delivery of non-project water for domestic, municipal, industrial, fish and wildlife, groundwater recharge or banking, and any other beneficial purpose.

“(2) Limitation—Nothing in this subsection shall be deemed to supersede the provisions of section 103 of Public Law 99–546 (100 Stat. 3051).

“(3) Authority for certain activities—The Secretary shall use the authority granted by this subsection in connection with requests to exchange, impound, store, carry, or deliver non-project water using Central Valley Project facilities for any beneficial purpose where such facilities are not otherwise committed or required to fulfill project purposes, including deliveries under existing contracts, or other Federal obligations.

“(4) Rates—The Secretary shall develop rates not to exceed the amount required to recover the reasonable costs incurred by the Secretary in connection with a beneficial purpose under this subsection. Such rates shall be charged to a party using Central Valley Project facilities for such purpose. Such costs shall not include any donation or other payment to the Restoration Fund.

“(5) Construction—This subsection shall be construed and implemented to facilitate and encourage the use of Central Valley Project facilities to exchange, carry, or deliver non-project water for any beneficial purpose.”

(2)
by striking subsection (d) and redesignating subsections (e) through (k) as subsections (d) through (j).
(b)
Reporting requirements— Section 3408(e) of the Central Valley Project Improvement Act (106 Stat. 4729) is amended—
(1)
by striking “Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries” and inserting “Natural Resources”;
(2)
in the second sentence, by inserting before the period at the end the following: “, including progress on the plan required by subsection (i)”; and
(3)
by adding at the end the following: “The filing and adequacy of such report shall be personally certified to the Committees referenced above by the Regional Director of the Mid-Pacific Region of the Bureau of Reclamation.”.
(c)
Project yield increase— Section 3408(i) of the Central Valley Project Improvement Act (106 Stat. 4730) is amended as follows:
(1)
By redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively.
(2)
By striking “In order to minimize adverse effects, if any, upon” and inserting “(1) In general.—In order to minimize adverse effects upon”.
(3)
By striking “needs, the Secretary,” and all that follows through “submit to the Congress, a” and inserting “needs, the Secretary, on a priority basis and not later than September 30, 2020, shall submit to Congress a”.
(4)
By striking “increase,” and all that follows through “options:” and inserting “increase, as soon as possible but not later than September 30, 2023 (except for the construction of new facilities which shall not be limited by that deadline), the water of the Central Valley Project by the amount dedicated and managed for fish and wildlife purposes under this title and otherwise required to meet the purposes of the Central Valley Project including satisfying contractual obligations. All costs incurred in the development and implementation of the plan required by this subsection shall not be reimbursable to the United States and shall include recommendations on authorizing legislation or other measures needed to implement the intent, purposes, and provisions of this subsection and a description of how the Secretary intends to use the following options:”.
(5)
In subparagraph (A), by inserting “, including construction of new water storage facilities” before the semicolon.
(6)
In subparagraph (F), by striking “and” at the end.
(7)
In subparagraph (G), by striking the period and all that follows through the end of the subsection and inserting “; and”.
(8)
By inserting after subparagraph (G) the following:

“(H) Water banking and recharge.”

(9)
By adding at the end the following:

“(2) Implementation of plan—The Secretary shall implement the plan required by paragraph (1) commencing on October 1, 2020.

“(3) Failure of the plan—Notwithstanding any other provision of Federal Reclamation laws, if by September 30, 2023, the plan required by paragraph (1) fails to increase the annual delivery capability of the Central Valley Project by 800,000 acre-feet, implementation of any non-mandatory action under section 3406(b)(2) shall be suspended until the plan achieves an increase in the annual delivery capability of the Central Valley Project by 800,000 acre-feet.”

(d)
Technical correction— Section 3408(g) of the Central Valley Project Improvement Act (106 Stat. 4729) is amended—
(1)
in paragraph (1), by striking “paragraph (h)(2)” and inserting “paragraph (2)”; and
(2)
in paragraph (2), by striking “paragraph (h)(i)” and inserting “paragraph (1)”.

Sec. 2008 Amendments to Central Valley Project authorizations

Section 2 of the Act of August 26, 1937 (chapter 832; 50 Stat. 850), as amended, is further amended as follows:
(1)
In the last proviso of subsection (a)—
(A)
by striking “second, for irrigation and domestic uses” and inserting “second, for irrigation, domestic, and municipal and industrial uses;”;
(B)
by striking “and fish and wildlife mitigation, protection and restoration purposes;”;
(C)
by striking “and, third,” and inserting “third,”;
(D)
by striking “power and fish and wildlife enhancement” and inserting “power generation;”;
(E)
by inserting after “power generation;” “fourth, for purposes of mitigating impacts to fish and wildlife caused by the construction, operation, or maintenance of the Central Valley Project; and fifth, for purposes of protecting, enhancing, or helping to restore fish and wildlife.”; and
(F)
by adding at the end the following: “When there is insufficient Central Valley Project yield to meet all the demands for water deliveries from the Central Valley Project, the Secretary shall apply these priorities in making allocations of available water.”.
(2)
In subsection (b)(1), by striking the last sentence.

Sec. 2009 Regulatory streamlining

(a)
Applicability of certain laws— Filing of a Notice of Determination or a Notice of Exemption for any project, including the issuance of a permit under State law, related to any project of the Central Valley Project or the delivery of water therefrom in accordance with the California Environmental Quality Act shall be deemed to meet the requirements of section 102(2)(C) of the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or permit.
(b)
Continuation of project— The Bureau of Reclamation shall not be required to cease or modify any major Federal action or other activity related to any project of the Central Valley Project or the delivery of water therefrom pending completion of judicial review of any determination made under the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
(c)
Project defined— For the purposes of this section, the term project—
(1)
means an activity that—
(A)
is undertaken by a public agency, funded by a public agency, or that requires an issuance of a permit by a public agency;
(B)
has a potential to result in physical change to the environment; and
(C)
may be subject to several discretionary approvals by governmental agencies;
(2)
may include construction activities, clearing or grading of land, improvements to existing structures, and activities or equipment involving the issuance of a permit; or
(3)
qualifies as a project under the California Environmental Quality Act as defined in section 21065 of the California Public Resource Code.
(d)
Congressional direction regarding central valley project and california state water project operations— Notwithstanding any other provision of law, complying with the Biological Opinion for Reinitiation of Consultation on the Coordinated Operations of the Central Valley Project and State Water Project, released by the United States Fish and Wildlife Service and the National Marine Fisheries Service on October 21, 2019, combined with efforts carried out pursuant to Public Law 102–575 and Public Law 114–322, fully meet all requirements of applicable Federal environmental laws, including the Endangered Species Act (16 U.S.C. 1531 et seq.) for the Central Valley Project and the State Water Project.

B San Joaquin River Restoration

Sec. 2101 Repeal of the San Joaquin River Settlement

As of the date of the enactment of this title, the Secretary shall cease any action to implement the Stipulation of Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern District of California, No. Civ. S–88–1658 LKK/GGH).

Sec. 2102 Purpose

Section 10002 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended by striking “implementation of the Settlement” and inserting “restoration of the San Joaquin River”.

Sec. 2103 Definitions

Section 10003 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) The term Restoration Flows means the additional water released or bypassed from Friant Dam to insure that the target flow entering Mendota Pool, located approximately 62 river miles downstream from Friant Dam, does not fall below 50 cubic feet per second.”

(2)
by striking paragraph (3) and inserting the following:

“(3) The term Water Year means March 1 through the last day of February of the following Calendar Year, both dates inclusive.”

(3)
by adding at the end the following new paragraph:

“(4) The term Critical Water Year means when the total unimpaired runoff at Friant Dam is less than 400,000 acre-feet, as forecasted as of March 1 of that water year by the California Department of Water Resources.”

Sec. 2104 Implementation of restoration

Section 10004 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “authorized and directed” and all that follows through “in the Settlement:” and inserting “authorized to carry out the following:”;
(B)
by striking paragraphs (1), (2), (4), and (5);
(C)
in paragraph (3)—
(i)
by striking “(3)” and inserting “(1)”; and
(ii)
by striking “paragraph 13 of the Settlement” and inserting “this part”; and
(D)
by adding at the end the following new paragraphs:

“(2) In each Water Year, commencing in the Water Year starting on March 1, 2021—

“(A) shall modify Friant Dam operations so as to release the Restoration Flows for that Water Year, except in any Critical Water Year;

“(B) shall ensure that the release of Restoration Flows are maintained at the level prescribed by this part, but that Restoration Flows do not reach downstream of Mendota Pool;

“(C) shall release the Restoration Flows in a manner that improves the fishery in the San Joaquin River below Friant Dam, but upstream of Gravelly Ford in existence as of the date of the enactment of this part, and the associated riparian habitat; and

“(D) may, without limiting the actions required under paragraphs (A) and (C) and subject to subsections 10004(a)(3) and 10004(l), use the Restoration Flows to enhance or restore a warm water fishery downstream of Gravelly Ford to and including Mendota Pool, if the Secretary determines that it is reasonable, prudent, and feasible to do so.

“(3) Not later than 1 year after the date of the enactment of this section, the Secretary shall develop and implement, in cooperation with the State of California, a reasonable plan, to fully recirculate, recapture, reuse, exchange, or transfer all Restoration Flows and provide such recirculated, recaptured, reused, exchanged, or transferred flows to those contractors within the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project that relinquished the Restoration Flows so recirculated, recaptured, reused, exchanged, or transferred. Such a plan shall address any impact on ground water resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project and mitigation may include ground water banking and recharge projects. Such a plan shall not impact the water supply or water rights of any entity outside the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project. Such a plan shall be subject to applicable provisions of California water law and the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to this part) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors.”

(2)
in subsection (b)—
(A)
in paragraph (1), by striking “the Settlement” and inserting “this part”; and
(B)
in paragraph (2), by striking “the Settlement” and inserting “this part”;
(3)
in subsection (c), by striking “the Settlement” and inserting “this part”;
(4)
by striking subsection (d) and inserting the following:

“(d) Mitigation of impacts—Prior to October 1, 2020, the Secretary shall identify—

“(1) the impacts associated with the release of Restoration Flows prescribed in this part;

“(2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users, landowners and agencies as a result of Restoration Flows prescribed in this part; and

“(3) prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement this part, the Secretary shall implement all mitigations measures identified in subsection (d)(2) before Restoration Flows are commenced.”

(5)
in subsection (e), by striking “the Settlement” and inserting “this part”;
(6)
in subsection (f), by striking “the Settlement” and all that follows through “section 10011” and insert “this part”;
(7)
in subsection (g)—
(A)
by striking “the Settlement and” before this part; and
(B)
by striking “or exchange contract” and inserting “exchange contract, or water rights settlement or holding contracts”;
(8)
in subsection (h)—
(A)
by striking “Interim” in the header;
(B)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “Interim Flows under the Settlement” and inserting “Restoration Flows under this part”;
(ii)
in subparagraph (C)—
(I)
in clause (i), by striking “Interim” and inserting “Restoration”; and
(II)
in clause (ii), by inserting “and” after the semicolon;
(iii)
in subparagraph (D), by striking “and” at the end; and
(iv)
by striking subparagraph (E);
(C)
in paragraph (2)—
(i)
by striking “Interim” and inserting “Restoration”;
(ii)
by striking subparagraph (A); and
(iii)
by striking “(B) exceed” and inserting “exceed”;
(D)
in paragraph (3), by striking “Interim” and inserting “Restoration”; and
(E)
by striking paragraph (4) and inserting the following:

“(4) Claims—Not later than 60 days after the date of the enactment of this Act the Secretary shall promulgate a rule establishing a claims process to address current and future claims including, but not limited to, ground water seepage, flooding, or levee instability damages caused as a result of, arising out of, or related to implementation of subtitle A of title X of Public Law 111–11.”

(9)
in subsection (i)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “the Settlement and parts I and III” and inserting “this part”;
(ii)
in subparagraph (A), by inserting “and” after the semicolon;
(iii)
in subparagraph (B)—
(I)
by striking “additional amounts authorized to be appropriated, including the”; and
(II)
by striking “; and ” and inserting a period; and
(iv)
by striking subparagraph (C); and
(B)
by striking paragraph (3); and
(10)
by adding at the end the following new subsections:

“(k) No impacts on other interests—No Central Valley Project or other water other than San Joaquin River water impounded by or bypassed from Friant Dam shall be used to implement subsection (a)(2) unless such use is on a voluntary basis. No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such costs are incurred on a voluntary basis. The implementation of this part shall not result directly or indirectly in any reduction in water supplies to or water reliability for any Central Valley Project contractor, any State Water Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless such reductions or costs are incurred on a voluntary basis.

“(l) Priority—All actions taken under this part shall be subordinate to the Secretary’s use of Central Valley Project facilities to make Project water available to Project contractors, other than water released from the Friant Dam pursuant to this part.

“(m) In general—Notwithstanding section 8 of the Reclamation Act of 1902, except as expressly provided in this part, including title II of this Act, this part preempts and supersedes any State law, regulation, or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part. Nothing in this part shall alter or modify the obligations, if any, of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project, or other water users on the San Joaquin River or its tributaries, under orders issued by the State Water Resources Control Board pursuant to the Porter-Cologne Water Quality Control Act (California Water Code sections 13000 et seq.). Any such order shall be consistent with the congressional authorization for any affected Federal facility as it pertains to the Central Valley Project.

“(n) Project implementation—Projects to implement this title shall be phased such that each project shall follow the sequencing identified below and include at least the—

“(1) project purpose and need;

“(2) identification of mitigation measures;

“(3) appropriate environmental review; and

“(4) prior to releasing Restoration Flows under this part, the Secretary shall—

“(A) complete the implementation of mitigation measures required; and

“(B) complete implementation of the project.”

Sec. 2105 Disposal of property; title to facilities

Section 10005 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a), by striking “the Settlement authorized by this part” and inserting “this part”;
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking “(1) In general.—The Secretary”; and
(ii)
by striking “the Settlement authorized by this part” and inserting “this part”; and
(B)
by striking paragraph (2); and
(3)
in subsection (c)—
(A)
in paragraph (1), by striking “the Settlement” and inserting “this part”;
(B)
in paragraph (2)—
(i)
by striking “through the exercise of its eminent domain authority”; and
(ii)
by striking “the Settlement” and inserting “this part”; and
(C)
in paragraph (3), by striking “section 10009(c)” and inserting “section 10009”.

Sec. 2106 Compliance with applicable law

Section 10006 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by inserting “unless otherwise provided by this part” before the period at the end; and
(B)
in paragraph (2), by striking “the Settlement” and inserting “this part”;
(2)
in subsection (b), by inserting “, unless otherwise provided by this part” before the period at the end;
(3)
in subsection (c)—
(A)
in paragraph (2), by striking “section 10004” and inserting “this part”; and
(B)
in paragraph (3), by striking “the Settlement” and inserting “this part”; and
(4)
in subsection (d)—
(A)
by inserting “, including without limitation to sections 10004(d) and 10004(h)(4) of this part,” after “implementing this part”; and
(B)
by striking “for implementation of the Settlement”.

Sec. 2107 Compliance with Central Valley Project Improvement Act

Section 10007 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in the matter preceding paragraph (1)—
(A)
by striking “the Settlement” and inserting “enactment of this part”; and
(B)
by inserting: “and the obligations of the Secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below Friant Dam including any obligations under section 5937 of the California Fish and Game Code and the public trust doctrine, and those of the Secretary and all other parties under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).” before “, provided”; and
(2)
in paragraph (1), by striking “, as provided in the Settlement”.

Sec. 2108 No private right of action

Section 10008(a) of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
by striking “not a party to the Settlement” after “person or entity”; and
(2)
by striking “or the Settlement” before the period and inserting “unless otherwise provided by this part. Any Central Valley Project long-term water service or repayment contractor within the Friant Division, Hidden Unit, or Buchanan Unit adversely affected by the Secretary’s failure to comply with section 10004(a)(3) of this part may bring an action against the Secretary for injunctive relief or damages, or both.”.

Sec. 2109 Implementation

Section 10009 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in the header by striking “; settlement fund”;
(2)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by striking “the Settlement” the first place it appears and inserting “this part”;
(ii)
by striking “, estimated to total” and all that follows through “subsection (b)(1),”; and
(iii)
by striking “provided however,” and all that follows through “$110,000,000 of State funds”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “(A) In general.—The Secretary” and inserting “The Secretary”; and
(ii)
by striking subparagraph (B); and
(C)
in paragraph (3)—
(i)
by striking “Except as provided in the Settlement, to” and inserting “To”; and
(ii)
by striking “this Settlement” and inserting “this part”;
(3)
in subsection (b)(1)—
(A)
by striking “In addition” through “however, that the” and inserting “The”;
(B)
by striking “such additional appropriations only in amounts equal to”; and
(C)
by striking “or the Settlement” before the period;
(4)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “the Settlement” and inserting “this part”;
(ii)
in subparagraph (C), by striking “from the sale of water pursuant to the Settlement, or”; and
(iii)
in subparagraph (D), by striking “the Settlement” and inserting “this part”;
(B)
in paragraph (2), by striking “the Settlement and” before “this part”; and
(5)
by striking subsections (d) through (f).

Sec. 2110 Repayment contracts and acceleration of repayment of construction costs

Section 10010 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (a)—
(A)
in paragraph (3)(D), by striking “the Settlement and” before “this part”; and
(B)
in paragraph (4)(C), by striking “the Settlement and” before “this part”;
(2)
in subsection (c), by striking paragraph (3);
(3)
in subsection (d)(1), by striking “the Settlement” in both places it appears and inserting “this part”;
(4)
in subsection (e)—
(A)
in paragraph (1)—
(i)
by striking “Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement” and inserting “Restoration Flows, pursuant to this part”;
(ii)
by striking “Interim Flows or” before “Restoration Flows”; and
(iii)
by striking “the Interim Flows or Restoration Flows or is intended to otherwise facilitate the Water Management Goal, as described in the Settlement” and inserting “Restoration Flows”; and
(B)
in paragraph (2)—
(i)
by striking “except as provided in paragraph 16(b) of the Settlement” after “Friant Division long-term contractor”; and
(ii)
by striking “the Interim Flows or Restoration Flows or to facilitate the Water Management Goal” and inserting “Restoration Flows”.

Sec. 2111 Repeal

Section 10011 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is repealed.

Sec. 2112 Water supply mitigation

Section 10202(b) of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in paragraph (1), by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”;
(2)
in paragraph (2), by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”; and
(3)
in paragraph (3)—
(A)
in subparagraph (A), by striking “meet the Restoration Goal as described in part I of this subtitle” and inserting “recover Restoration Flows as described in this part”; and
(B)
in subparagraph (C)—
(i)
by striking “the Interim or Restoration Flows authorized in part I of this subtitle” and inserting “Restoration Flows authorized in this part”; and
(ii)
by striking “, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10004(a)(5)”.

Sec. 2113 Additional authorities

Section 10203 of the San Joaquin River Restoration Settlement Act (Public Law 111–11) is amended—
(1)
in subsection (b)—
(A)
by striking “section 10004(a)(4)” and inserting “section 10004(a)(3)”; and
(B)
by striking “, provided” and all that follows through “section 10009(f)(2)”; and
(2)
by striking subsection (c).

Sec. 2114 Protections

Section 4005 of Public Law 114–322, as amended by this Act, shall apply to this title.”