HR 215 — WATER for California

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION ACT

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TITLE III--NATURAL RESOURCES

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Subtitle J--California Water

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SEC. 4004. CONSULTATION ON COORDINATED OPERATIONS.

 (a) Resolution of Water Resource Issues.--In furtherance of 
the policy established by section 2(c)(2) of the Endangered 
Species Act of 1973, that Federal agencies shall cooperate with 
State and local agencies to resolve water resource issues in 
concert with conservation of endangered species, in any 
consultation or reconsultation on the coordinated operations of 
the Central Valley Project and the State Water Project, the 
Secretaries of the Interior and Commerce shall ensure that any 
[public water agency that contracts] contractor for the 
delivery of water from the Central Valley Project or the State 
Water Project that so requests shall--
 (1) have routine and continuing opportunities to 
 discuss and submit information to the action agency for 
 consideration during the development of any biological 
 assessment or proposed action;
 (2) be informed by the action agency of the schedule 
 for preparation of a biological assessment or proposed 
 action;
 (3) receive a copy of the draft proposed action and 
 have the opportunity to review that document and 
 provide comment to the action agency, which comments 
 shall be afforded due consideration during development;
 [(3)] (4) be informed by the consulting agency, the 
 U.S. Fish and Wildlife Service or the National Marine 
 Fisheries Service, of the schedule for preparation of 
 the biological opinion at such time as the biological 
 assessment is submitted to the consulting agency by the 
 action agency;
 [(4)] (5) receive a copy of any draft biological 
 opinion and have the opportunity to review that 
 document and provide comment to the consulting agency 
 through the action agency, which comments will be 
 afforded due consideration during the consultation;
 [(5)] (6) have the opportunity to confer with the 
 action agency and applicant, if any, about reasonable 
 and prudent alternatives prior to the action agency or 
 applicant identifying one or more reasonable and 
 prudent alternatives for consideration by the 
 consulting agency; and
 [(6)] (7) where action agency proposes a proposed 
 action or the consulting agency suggests a reasonable 
 and prudent alternative be informed--
 (A) how each component of the proposed action 
 or alternative will contribute to avoiding 
 jeopardy or adverse modification of critical 
 habitat and the scientific data or information 
 that supports each component of the 
 alternative; and
 (B) why other proposed [alternative actions] 
 actions or alternatives that would have fewer 
 adverse water supply and economic impacts are 
 inadequate to avoid jeopardy or adverse 
 modification of critical habitat.
 (b) Input.--When consultation is ongoing, the Secretaries of 
the Interior and Commerce shall regularly solicit input from 
and report their progress to the Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group. The Collaborative Adaptive 
Management Team and the Collaborative Science and Adaptive 
Management Program policy group may provide the Secretaries 
with recommendations to improve the effects analysis and 
Federal agency determinations. The Secretaries shall give due 
consideration to the recommendations when developing the 
Biological Assessment and Biological Opinion.
 (c) Meetings.--The Secretaries shall establish a quarterly 
stakeholder meeting during any consultation or reconsultation 
for the purpose of providing updates on the development of the 
Biological Assessment and Biological Opinion. The quarterly 
stakeholder meeting shall be open to stakeholders identified by 
the Secretaries representing a broad range of interests 
including environmental, recreational and commercial fishing, 
agricultural, municipal, Delta, and other regional interests, 
and including stakeholders that are not state or local 
agencies.
 (d) Clarification.--Neither subsection (b) or (c) of this 
section may be used to meet the requirements of subsection (a).
 (e) Non-applicability of FACA.--For the purposes of 
subsection (b), the Collaborative Adaptive Management Team, the 
Collaborative Science and Adaptive Management Program policy 
group, and any recommendations made to the Secretaries, are 
exempt from the Federal Advisory Committee Act.

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SEC. 4007. STORAGE.

 (a) Definitions.--In this subtitle:
 (1) Federally owned storage project.--The term 
 ``federally owned storage project'' means any project 
 involving a surface water storage facility in a 
 Reclamation State--
 (A) to which the United States holds title; 
 and
 (B) that was authorized to be constructed, 
 operated, and maintained pursuant to the 
 reclamation laws.
 (2) State-led storage project.--The term ``State-led 
 storage project'' means any project in a Reclamation 
 State that--
 (A) involves a groundwater or surface water 
 storage facility constructed, operated, and 
 maintained by any State, department of a State, 
 subdivision of a State, or public agency 
 organized pursuant to State law; and
 (B) provides a benefit in meeting any 
 obligation under Federal law (including 
 regulations).
 (b) Federally Owned Storage Projects.--
 (1) Agreements.--On the request of any State, any 
 department, agency, or subdivision of a State, [or any 
 public agency organized pursuant to State law] any 
 public agency organized pursuant to State law, or any 
 stakeholder, the Secretary of the Interior may 
 negotiate and enter into an agreement on behalf of the 
 United States for the design, study, and construction 
 or expansion of any federally owned storage project in 
 accordance with this section.
 (2) Federal cost share.--Subject to the requirements 
 of this subsection, the Secretary of the Interior may 
 participate in a federally owned storage project in an 
 amount equal to not more than 50 percent of the total 
 cost of the federally owned storage project.
 (3) 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--
 (A) determines that the proposed federally 
 owned storage project is feasible in accordance 
 with the reclamation laws;
 (B) secures an agreement providing upfront 
 funding as is necessary to pay the non-Federal 
 share of the capital costs; and
 (C) determines that, in return for the 
 Federal cost-share investment in the federally 
 owned storage project, at least a proportionate 
 share of the project benefits are Federal 
 benefits, including water supplies dedicated to 
 specific purposes such as environmental 
 enhancement and wildlife refuges.
 (4) Environmental laws.--In participating in a 
 federally owned storage project under this subsection, 
 the Secretary of the Interior shall comply with all 
 applicable environmental laws, including the National 
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
 seq.).
 (c) State-Led Storage Projects.--
 (1) In general.--Subject to the requirements of this 
 subsection, the Secretary of the Interior may 
 participate in a State-led storage project in an amount 
 equal to not more than 25 percent of the total cost of 
 the State-led storage project.
 (2) Request by governor.--Participation by the 
 Secretary of the Interior in a State-led storage 
 project under this subsection shall not occur unless--
 (A) the participation has been requested by 
 the Governor of the State in which the State-
 led storage project is located;
 (B) the State or local sponsor determines, 
 and the Secretary of the Interior concurs, 
 that--
 (i) the State-led storage project is 
 technically and financially feasible 
 and provides a Federal benefit in 
 accordance with the reclamation laws;
 (ii) sufficient non-Federal funding 
 is available to complete the State-led 
 storage project; and
 (iii) the State-led storage project 
 sponsors are financially solvent;
 (C) the Secretary of the Interior determines 
 that, in return for the Federal cost-share 
 investment in the State-led storage project, at 
 least a proportional share of the project 
 benefits are the Federal benefits, including 
 water supplies dedicated to specific purposes 
 such as environmental enhancement and wildlife 
 refuges; and
 (D) the Secretary of the Interior submits to 
 Congress a written notification of these 
 determinations within 30 days of making such 
 determinations.
 (3) Environmental laws.--When participating in a 
 State-led storage project under this subsection, the 
 Secretary shall comply with all applicable 
 environmental laws, including the National 
 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
 seq.).
 (4) Information.--When participating in a State-led 
 storage project under this subsection, the Secretary of 
 the Interior--
 (A) may rely on reports prepared by the 
 sponsor of the State-led storage project, 
 including feasibility (or equivalent) studies, 
 environmental analyses, and other pertinent 
 reports and analyses; but
 (B) shall retain responsibility for making 
 the independent determinations described in 
 paragraph (2).
 (d) Authority To Provide Assistance.--The Secretary of the 
Interior may provide financial assistance under this subtitle 
to carry out projects within any Reclamation State.
 (e) Rights To Use Capacity.--Subject to compliance with State 
water rights laws, 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 agreement.
 (f) Compliance With California Water Bond.--
 (1) In general.--The provision of Federal funding for 
 construction of a State-led storage project in the 
 State of California 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 Quality, Supply, and 
 Infrastructure Improvement Act, approved by California 
 voters on November 4, 2014.
 (2) Applicability.--This subsection expires on the 
 date on which State bond funds available under the Act 
 referred to in paragraph (1) are expended.
 (g) Partnership and Agreements.--The Secretary of the 
Interior, acting through the Commissioner, may partner or enter 
into an agreement regarding the water storage projects 
identified in section 103(d)(1) of the Water Supply, 
Reliability, and Environmental Improvement Act (Public Law 108-
361; 118 Stat. 1688) with local joint powers authorities formed 
pursuant to State law by irrigation districts and other local 
water districts and local governments within the applicable 
hydrologic region, to advance those projects.
 (h) Authorization of Appropriations.--
 (1) $335,000,000 of funding in section 4011(e) is 
 authorized to remain available until expended.
 (2) Projects can only receive funding if enacted 
 appropriations legislation designates funding to them 
 by name, after the Secretary recommends specific 
 projects for funding pursuant to this section and 
 transmits such recommendations to the appropriate 
 committees of Congress.
 (i) 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 1, 2021] January 1, 2028.
 (j) Consistency With State Law.--Nothing in this section 
preempts or modifies any obligation of the United States to act 
in conformance with applicable State law.
 (k) Calfed Authorization.--Title I of Public Law 108-361 (the 
Calfed Bay-Delta Authorization Act) (118 Stat. 1681; 123 Stat. 
2860; 128 Stat. 164; 128 Stat. 2312) (as amended by section 207 
of Public Law 114-113) is amended by striking ``2017'' each 
place it appears and inserting ``2019''.

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SEC. 4010. ACTIONS TO BENEFIT THREATENED AND ENDANGERED SPECIES AND 
 OTHER WILDLIFE.

 (a) Increased Real-Time Monitoring and Updated Science.--
 (1) Smelt biological opinion.--The Director shall use 
 the best scientific and commercial data available to 
 implement, continuously evaluate, and refine or amend, 
 as appropriate, the reasonable and prudent alternative 
 described in the smelt biological opinion.
 (2) Increased monitoring to inform real-time 
 operations.--
 (A) In general.--The Secretary of the 
 Interior shall conduct additional surveys, on 
 an annual basis at the appropriate time of year 
 based on environmental conditions, in 
 collaboration with interested stakeholders 
 regarding the science of the Delta in general, 
 and to enhance real time decisionmaking in 
 particular, working in close coordination with 
 relevant State authorities.
 (B) Requirements.--In carrying out this 
 subsection, the Secretary of the Interior shall 
 use--
 (i) 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 rate;
 (ii) 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 benefits; and
 (iii) science-based recommendations 
 developed by any of the persons or 
 entities described in paragraph (4)(B) 
 to inform the agencies' real-time 
 decisions.
 (C) Winter monitoring.--During the period 
 between December 1 and March 31, if suspended 
 sediment loads enter the Delta from the 
 Sacramento River, and the suspended sediment 
 loads appear likely to raise turbidity levels 
 in the Old River north of the export pumps from 
 values below 12 Nephelometric Turbidity Units 
 (NTUs) to values above 12 NTUs, the Secretary 
 of the Interior shall--
 (i) conduct daily monitoring using 
 appropriate survey methods at locations 
 including the vicinity of Station 902 
 to determine the extent to which adult 
 Delta smelt are moving with turbidity 
 toward the export pumps; and
 (ii) use results from the monitoring 
 under subparagraph (A) to determine how 
 increased trawling can inform daily 
 real-time Central Valley Project and 
 State Water Project operations to 
 maximize fish and water supply 
 benefits.
 (3) Periodic review of monitoring.--Not later than 1 
 year after the date of enactment of this subtitle, the 
 Secretary of the Interior shall--
 (A) evaluate whether the monitoring program 
 under paragraph (2), combined with other 
 monitoring programs for the Delta, is providing 
 sufficient data to inform Central Valley 
 Project and State Water Project operations to 
 maximize the water supply for fish and water 
 supply benefits; and
 (B) determine whether the monitoring efforts 
 should be changed in the short or long term to 
 provide more useful data.
 (4) Delta smelt distribution study.--
 (A) In general.--Not later than March 15, 
 2021, the Secretary of the Interior shall--
 (i) complete studies, to be initiated 
 by not later than 90 days after the 
 date of enactment of this subtitle, 
 designed--
 (I) to understand the 
 location and determine the 
 abundance and distribution of 
 Delta smelt throughout the 
 range of the Delta smelt; and
 (II) to determine potential 
 methods to minimize the effects 
 of Central Valley Project and 
 State Water Project operations 
 on the Delta smelt;
 (ii) based on the best available 
 science, if appropriate and 
 practicable, 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 clause (i);
 (iii) to the maximum extent 
 practicable, use new technologies to 
 allow for better tracking of Delta 
 smelt, such as acoustic tagging, 
 optical recognition during trawls, and 
 fish detection using residual 
 deoxyribonucleic acid (DNA); and
 (iv) if new sampling and monitoring 
 is not implemented under clause (ii), 
 provide a detailed explanation of the 
 determination of the Secretary of the 
 Interior that no change is warranted.
 (B) Consultation.--In determining the scope 
 of the studies under this subsection, the 
 Secretary of the Interior shall consult with--
 (i) Central Valley Project and State 
 Water Project water contractors and 
 public water agencies;
 (ii) other public water agencies;
 (iii) the California Department of 
 Fish and Wildlife and the California 
 Department of Water Resources; and
 (iv) nongovernmental organizations.
 (b) Actions to Benefit Endangered Fish Populations.--
 (1) Findings.--Congress finds that--
 (A) minimizing or eliminating stressors to 
 fish populations and their habitat in an 
 efficient and structured manner is a key aspect 
 of a fish recovery strategy;
 (B) functioning, diverse, and interconnected 
 habitats are necessary for a species to be 
 viable; and
 (C) providing for increased fish habitat may 
 not only allow for a more robust fish recovery, 
 but also reduce impacts to water supplies.
 (2) Actions for benefit of endangered species.--There 
 is authorized to be appropriated the following amounts:
 (A) $15,000,000 for the Secretary of 
 Commerce, through the Administrator of the 
 National Oceanic and Atmospheric 
 Administration, to carry out the following 
 activities in accordance with the Endangered 
 Species Act of 1973 (16 U.S.C. 1531 et seq.):
 (i) Gravel and rearing area additions 
 and habitat restoration to the 
 Sacramento River to benefit Chinook 
 salmon and steelhead trout.
 (ii) Scientifically improved and 
 increased real-time monitoring to 
 inform real-time operations of Shasta 
 and related Central Valley Project 
 facilities, and alternative methods, 
 models, 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 Shasta.
 (iii) Methods to improve the Delta 
 salvage systems, including alternative 
 methods to redeposit salvaged salmon 
 smolts and other fish from the Delta in 
 a manner that reduces predation losses.
 (B) $3,000,000 for the Secretary of the 
 Interior to conduct the Delta smelt 
 distribution study referenced in subsection 
 (a)(4).
 (3) 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 
 population, the Administrator shall commence 
 implementation of the activity by not later than 1 year 
 after the date of enactment of this subtitle.
 (4) Consultation.--The Administrator shall take such 
 steps as are necessary to partner with, and coordinate 
 the efforts of, the Department of the Interior, the 
 Department of Commerce, and other relevant Federal 
 departments and agencies to ensure that all Federal 
 reviews, analyses, opinions, statements, permits, 
 licenses, and other approvals or decisions required 
 under Federal law are completed on an expeditious 
 basis, consistent with Federal law.
 (5) Conservation fish hatcheries.--
 (A) In general.--Not later than 2 years after 
 the date of enactment of this subtitle, the 
 Secretaries of the Interior and Commerce, in 
 coordination with the Director of the 
 California Department of Fish and Wildlife, 
 shall develop and implement as necessary the 
 expanded use of conservation hatchery programs 
 to enhance, supplement, and rebuild Delta smelt 
 and Endangered Species Act-listed fish species 
 under the smelt and salmonid biological 
 opinions.
 (B) Requirements.--The conservation hatchery 
 programs established under paragraph (1) and 
 the associated hatchery and genetic management 
 plans shall be designed--
 (i) to benefit, enhance, support, and 
 otherwise recover naturally spawning 
 fish species to the point where the 
 measures provided under the Endangered 
 Species Act of 1973 (16 U.S.C. 1531 et 
 seq.) are no longer necessary; and
 (ii) to minimize adverse effects to 
 Central Valley Project and State Water 
 Project operations.
 (C) Priority; cooperative agreements.--In 
 implementing this section, the Secretaries of 
 the Interior and Commerce--
 (i) shall give priority to existing 
 and prospective hatchery programs and 
 facilities within the Delta and the 
 riverine tributaries thereto; and
 (ii) may enter into cooperative 
 agreements for the operation of 
 conservation hatchery programs with 
 States, Indian tribes, and other 
 nongovernmental entities for the 
 benefit, enhancement, and support of 
 naturally spawning fish species.
 (D) Semi-annual report.--The Secretary of the 
 Interior and the Secretary of Commerce shall 
 submit to the Committee on Natural Resources of 
 the House of Representatives and Committee on 
 Energy and Natural Resources of the Senate 
 semi-annual reports that detail activities 
 carried out under this paragraph.
 (6) Acquisition of land, water, or interests from 
 willing sellers for environmental purposes in 
 california.--
 (A) In general.--The Secretary of the 
 Interior is authorized to acquire by purchase, 
 lease, donation, or otherwise, land, water, or 
 interests in land or water from willing sellers 
 in California--
 (i) to benefit listed or candidate 
 species under the Endangered Species 
 Act of 1973 (16 U.S.C. 1531 et seq.) or 
 the California Endangered Species Act 
 (California Fish and Game Code sections 
 2050 through 2116);
 (ii) to meet requirements of, or 
 otherwise provide water quality 
 benefits under, the Federal Water 
 Pollution Control Act (33 U.S.C. 1251 
 et seq.) or the Porter Cologne Water 
 Quality Control Act (division 7 of the 
 California Water Code); or
 (iii) for protection and enhancement 
 of the environment, as determined by 
 the Secretary of the Interior.
 (B) State participation.--In implementing 
 this section, the Secretary of the Interior is 
 authorized to participate with the State of 
 California or otherwise hold such interests 
 identified in subparagraph (A) in joint 
 ownership with the State of California based on 
 a cost share deemed appropriate by the 
 Secretary.
 (C) Treatment.--Any expenditures under this 
 subsection shall be nonreimbursable and 
 nonreturnable to the United States.
 (7) Reauthorization of the fisheries restoration and 
 irrigation mitigation act of 2000.--
 (A) Section 10(a) of the Fisheries 
 Restoration and Irrigation Mitigation Act of 
 2000 (16 U.S.C. 777 note; Public Law 106-502) 
 is amended by striking ``$25 million for each 
 of fiscal years 2009 through 2015'' and 
 inserting ``$15 million through 2021''; and
 (B) Section 2 of the Fisheries Restoration 
 and Irrigation Mitigation Act of 2000 (16 
 U.S.C. 777 note; Public Law 106-502) is amended 
 by striking ``Montana, and Idaho'' and 
 inserting ``Montana, Idaho, and California''.
 (c) Actions to Benefit Refuges.--
 (1) In general.--In addition to funding under section 
 3407 of the Central Valley Project Improvement Act 
 (Public Law 102-575; 106 Stat. 4726), there is 
 authorized to be appropriated to the Secretary of the 
 Interior $2,000,000 for each of fiscal years 2017 
 through 2021 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 3406(d) of that Act (Public Law 102-575; 106 
 Stat. 4722).
 (2) Cost Sharing.--
 (A) Federal share.--The Federal share of the 
 cost of carrying out an activity described in 
 this section shall be not more than 50 percent.
 (B) Non-federal share.--The non-Federal share 
 of the cost of carrying out an activity 
 described in this section--
 (i) shall be not less than 50 
 percent; and
 (ii) may be provided in cash or in 
 kind.
 (d) Non-Federal Program to Protect Native Anadromous Fish in 
Stanislaus River.--
 (1) Definition of district.--In this section, the 
 term ``district'' means--
 (A) the Oakdale Irrigation District of the 
 State of California; and
 (B) the South San Joaquin Irrigation District 
 of the State of California.
 (2) Establishment.--The Secretary of Commerce, acting 
 through the Assistant Administrator of the National 
 Marine Fisheries Service, and the districts shall 
 jointly establish and conduct a nonnative predator 
 research and pilot fish removal program to study the 
 effects of removing from the Stanislaus River--
 (A) nonnative striped bass, smallmouth bass, 
 largemouth bass, black bass; and
 (B) other nonnative predator fish species.
 (3) Requirements.--The program under this section 
 shall--
 (A) be scientifically based, with research 
 questions determined jointly by--
 (i) National Marine Fisheries Service 
 scientists; and
 (ii) technical experts of the 
 districts;
 (B) include methods to quantify by, among 
 other things, evaluating the number of juvenile 
 anadromous fish that migrate past the rotary 
 screw trap located at Caswell--
 (i) the number and size of predator 
 fish removed each year; and
 (ii) the impact of the removal on--
 (I) the overall abundance of 
 predator fish in the Stanislaus 
 River; and
 (II) the populations of 
 juvenile anadromous fish in the 
 Stanislaus River;
 (C) among other methods, consider using wire 
 fyke trapping, portable resistance board weirs, 
 and boat electrofishing; and
 (D) be implemented as quickly as practicable 
 after the date of issuance of all necessary 
 scientific research permits.
 (4) Management.--The management of the program shall 
 be the joint responsibility of the Assistant 
 Administrator and the districts, which shall--
 (A) work collaboratively to ensure the 
 performance of the program; and
 (B) discuss and agree on, among other 
 things--
 (i) qualified scientists to lead the 
 program;
 (ii) research questions;
 (iii) experimental design;
 (iv) changes in the structure, 
 management, personnel, techniques, 
 strategy, data collection and access, 
 reporting, and conduct of the program; 
 and
 (v) the need for independent peer 
 review.
 (5) Conduct.--
 (A) In general.--For each applicable calendar 
 year, the districts, on agreement of the 
 Assistant Administrator, may elect to conduct 
 the program under this section using--
 (i) the personnel of the Assistant 
 Administrator or districts;
 (ii) qualified private contractors 
 hired by the districts;
 (iii) personnel of, on loan to, or 
 otherwise assigned to the National 
 Marine Fisheries Service; or
 (iv) a combination of the individuals 
 described in clauses (i) through (iii).
 (B) Participation by national marine 
 fisheries service.--
 (i) In general.--If the districts 
 elect to conduct the program using 
 district personnel or qualified private 
 contractors hired under clause (i) or 
 (ii) of subparagraph (A), the Assistant 
 Administrator may assign an employee 
 of, on loan to, or otherwise assigned 
 to the National Marine Fisheries 
 Service, to be present for all 
 activities performed in the field to 
 ensure compliance with paragraph (4).
 (ii) Costs.--The districts shall pay 
 the cost of participation by the 
 employee under clause (i), in 
 accordance with paragraph (6).
 (C) Timing of election.--The districts shall 
 notify the Assistant Administrator of an 
 election under subparagraph (A) by not later 
 than October 15 of the calendar year preceding 
 the calendar year for which the election 
 applies.
 (6) Funding.--
 (A) In general.--The districts shall be 
 responsible for 100 percent of the cost of the 
 program.
 (B) Contributed funds.--The Secretary of 
 Commerce may accept and use contributions of 
 funds from the districts to carry out 
 activities under the program.
 (C) Estimation of cost.--
 (i) In general.--Not later than 
 December 1 of each year of the program, 
 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 
 year, if any, including the cost of any 
 data collection and posting under 
 paragraph (7).
 (ii) Failure to fund.--If an amount 
 equal to the estimate of the Secretary 
 of Commerce is not provided through 
 contributions pursuant to subparagraph 
 (B) before December 31 of that calendar 
 year--
 (I) 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 
 districts; and
 (II) the districts may not 
 conduct any aspect of the 
 program until the amount is 
 contributed by the districts.
 (D) Accounting.--
 (i) In general.--Not later than 
 September 1 of each year, 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 
 year.
 (ii) Excess amounts.--If the amount 
 contributed by the districts pursuant 
 to subparagraph (B) for a calendar year 
 was greater than the costs incurred by 
 the Secretary of Commerce during that 
 year, the Secretary shall--
 (I) apply the excess amounts 
 to the cost of activities to be 
 performed by the Secretary 
 under the program, if any, 
 during the following calendar 
 year; or
 (II) if no such activities 
 are to be performed, repay the 
 excess amounts to the 
 districts.
 (7) Publication and evaluation of data.--
 (A) In general.--All data generated through 
 the program, including by any private 
 consultants, shall be routinely provided to the 
 Assistant Administrator.
 (B) Internet.--Not later than the 15th day of 
 each month of the program, 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 month.
 (C) Report.--On completion of the program, 
 the Assistant Administrator shall prepare a 
 final report evaluating the effectiveness of 
 the program, including recommendations for 
 future research and removal work.
 (8) Consistency with law.--
 (A) In general.--The programs in this section 
 and subsection (e) are found to be consistent 
 with the requirements of the Central Valley 
 Project Improvement Act (Public Law 102-575; 
 106 Stat. 4706).
 (B) Limitation.--No provision, plan, or 
 definition under that Act, including section 
 3406(b)(1) of that Act (Public Law 102-575; 106 
 Stat. 4714), shall be used--
 (i) to prohibit the implementation of 
 the programs in this subsection and 
 subsection (e); or
 (ii) to prevent the accomplishment of 
 the goals of the programs.
 (e) Pilot Projects to Implement CALFED Invasive Species 
Program.--
 (1) In general.--Not later than January 1, 2018, the 
 Secretary of the Interior, in collaboration with the 
 Secretary of Commerce, the Director of the California 
 Department of Fish and Wildlife, and other relevant 
 agencies and interested parties, shall establish and 
 carry out pilot projects to implement the invasive 
 species control program under section 103(d)(6)(A)(iv) 
 of Public Law 108-361 (118 Stat. 1690).
 (2) Requirements.--The pilot projects under this 
 section shall--
 (A) seek to reduce invasive aquatic 
 vegetation (such as water hyacinth), predators, 
 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 
 Delta; and
 (B) remove, reduce, or control the effects of 
 species including Asiatic clams, silversides, 
 gobies, Brazilian water weed, largemouth bass, 
 smallmouth bass, striped bass, crappie, 
 bluegill, white and channel catfish, zebra and 
 quagga mussels, and brown bullheads.
 (3) Emergency environmental reviews.--To expedite 
 environmentally beneficial programs in this subtitle 
 for the conservation of threatened and endangered 
 species, the Secretaries of the Interior and Commerce 
 shall consult with the Council on Environmental Quality 
 in accordance with section 1506.11 of title 40, Code of 
 Federal Regulations (or successor regulations), to 
 develop alternative arrangements to comply with the 
 National Environmental Policy Act of 1969 (42 U.S.C. 
 4321 et seq.) for those programs.
 (f) Collaborative Processes.--Notwithstanding the Federal 
Advisory Committee Act (5 U.S.C. App.) and applicable Federal 
acquisitions and contracting authorities, 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 agencies.
 (g) The ``Save Our Salmon Act''.--
 (1) Treatment of striped bass.--
 (A) Anadromous fish.--Section 3403(a) of the 
 Central Valley Project Improvement Act (title 
 XXXIV of Public Law 102-575) is amended by 
 striking ``striped bass,'' after ``stocks of 
 salmon (including steelhead),''.
 (B) Fish and wildlife restoration 
 activities.--Section 3406(b) of the Central 
 Valley Project Improvement Act (title XXXIV of 
 Public Law 102-575) is amended by--
 (i) striking paragraphs (14) and 
 (18);
 (ii) redesignating paragraphs (15) 
 through (17) as paragraphs (14) through 
 (16), respectively; and
 (iii) redesignating paragraphs (19) 
 through (23) as paragraphs (17) through 
 (21), respectively.
 (2) Conforming changes.--Section 3407(a) of the 
 Central Valley Project Improvement Act (title XXXIV of 
 Public Law 102-575) is amended by striking ``(10)-(18), 
 and (20)-(22)'' and inserting ``(10)-(16), and (18)-
 (20)''.

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SEC. 4013. DURATION.

 This subtitle shall expire on the date that is 5 years after 
the date of its enactment, with the exception of--
 (1) [section 4004, which shall expire 10 years after 
 the date of its enactment; and] section 4004, which 
 shall expire on December 16, 2033;
 (2) section 4007, which (except as provided in 
 paragraph (3)), shall expire on December 31, 2028; and
 [(2)] (3) projects under construction in sections 
 4007, 4009(a), and 4009(c).

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 ---------- 

 INFRASTRUCTURE INVESTMENT AND JOBS ACT

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DIVISION D--ENERGY

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TITLE IX--WESTERN WATER INFRASTRUCTURE

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SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE 
 PROJECTS.

 (a) Eligibility for Funding.--
 (1) Feasibility studies.--
 (A) In general.--A feasibility study shall 
 only be eligible for funding under section 
 40901(1) if--
 (i) the feasibility study has been 
 authorized by an Act of Congress before 
 the date of enactment of this Act;
 (ii) Congress has approved funding 
 for the feasibility study in accordance 
 with section 4007 of the Water 
 Infrastructure Improvements for the 
 Nation Act (43 U.S.C. 390b note; Public 
 Law 114-322) before the date of 
 enactment of this Act; or
 (iii) the feasibility study is 
 authorized under subparagraph (B).
 (B) Feasibility study authorizations.--The 
 Secretary may carry out feasibility studies for 
 the following projects:
 (i) The Verde Reservoirs Sediment 
 Mitigation Project in the State of 
 Arizona.
 (ii) The Tualatin River Basin Project 
 in the State of Oregon.
 (2) Construction.--A project shall only be eligible 
 for construction funding under section 40901(1) if--
 (A) an Act of Congress enacted before the 
 date of enactment of this Act authorizes 
 construction of the project;
 (B) Congress has approved funding for 
 construction of the project in accordance with 
 section 4007 of the Water Infrastructure 
 Improvements for the Nation Act (43 U.S.C. 390b 
 note; Public Law 114-322) before the date of 
 enactment of [this Act, except for any project 
 for which--] this Act; or
 [(i) Congress did not approve the 
 recommendation of the Secretary for 
 funding under subsection (h)(2) of that 
 section for at least 1 fiscal year 
 before the date of enactment of this 
 Act; or
 [(ii) State funding for the project 
 was rescinded by the State before the 
 date of enactment of this Act; or]
 (C)(i) Congress has authorized or approved 
 funding for a feasibility study for the project 
 in accordance with clause (i) or (ii) of 
 paragraph (1)(A) [(except that projects 
 described in clauses (i) and (ii) of 
 subparagraph (B) shall not be eligible)]; and
 (ii) on completion of the feasibility 
 study for the project, the Secretary--
 (I) finds the project to be 
 technically and financially 
 feasible in accordance with the 
 reclamation laws;
 (II) determines that 
 sufficient non-Federal funding 
 is available for the non-
 Federal cost share of the 
 project; and
 (III)(aa) finds the project 
 to be in the public interest; 
 and
 (bb) recommends the 
 project for 
 construction.
 (b) Cost-sharing Requirement.--
 (1) In general.--The Federal share--
 (A) for a project authorized by an Act of 
 Congress shall be determined in accordance with 
 that Act;
 (B) for a project approved by Congress in 
 accordance with section 4007 of the Water 
 Infrastructure Improvements for the Nation Act 
 (43 U.S.C. 390b note; Public Law 114-322) 
 (including construction resulting from a 
 feasibility study authorized under that Act) 
 shall be as provided in that Act; and
 (C) for a project not described in 
 subparagraph (A) or (B)--
 (i) in the case of a federally owned 
 project, shall not exceed 50 percent of 
 the total cost of the project; and
 (ii) in the case of a non-Federal 
 project, shall not exceed 25 percent of 
 the total cost of the project.
 (2) Federal benefits.--Before funding a project under 
 this section, the Secretary shall determine that, in 
 return for the Federal investment in the project, at 
 least a proportionate share of the benefits are Federal 
 benefits.
 (3) Reimbursability.--The reimbursability of Federal 
 funding of projects under this section shall be in 
 accordance with the reclamation laws.
 (c) Environmental Laws.--In providing funding for a project 
under this section, the Secretary shall comply with all 
applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

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