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Code · BILL · 114th Congress · H.R. 5247 (Introduced in House) — To provide short-term water supplies to drought-stricken California and provide for long-term investments in drought... · Sec. 201

Sec. 201. Actions to benefit endangered fish populations

901 words·~4 min read·/bill/114/hr/5247/ih/section-201

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Congress finds that— 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; functioning, diverse, and interconnected habitats are necessary for a species to be viable; and providing for increased fish habitat may not only allow for a more robust fish recovery, but also reduce impacts to water supplies. There is authorized to be appropriated the following amounts: $35,000,000 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. ):
Gravel and rearing area additions and habitat restoration to the Sacramento River to benefit Chinook salmon and steelhead trout. 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.
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. $6,000,000 for the Secretary of the Interior to conduct the Delta smelt distribution study referenced in section 301. 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 Act.
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. The Department of Commerce, in collaboration with the Department of the Interior, the California Department of Fish and Wildlife, applicable water agencies, and other interested parties, shall design, permit, implement, 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 Delta.
Not later than 30 days after the date of enactment of this Act, the Assistant Administrator and the Commissioner shall convene a working group, to be comprised of representatives of relevant agencies and other interested parties, to develop and execute a plan for the design, budgeting, implementation, and evaluation of the pilot program under this subsection, using such existing expertise regarding trap and barge programs as may be available. The plan under this paragraph shall— include a schedule and budget for the pilot program; and identify the responsible parties for each element of the program.
The Assistant Administrator and the Commissioner shall seek to commence implementation of the pilot program under this subsection during calendar year 2016, if practicable. There is authorized to be appropriated to carry out this subsection $4,000,000. Not later than 2 years after the date of enactment of this Act, 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.
The conservation hatchery programs established under paragraph
(1)and the associated hatchery and genetic management plans shall be designed— 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 to minimize adverse effects to Central Valley Project and State Water Project operations. In implementing this section, the Secretaries of the Interior and Commerce— shall give priority to existing and prospective hatchery programs and facilities within the Delta and the riverine tributaries thereto; and 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. 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— 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); 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 for protection and enhancement of the environment, as determined by the Secretary of the Interior. In implementing this section, 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 Secretary. Any expenditures under this subsection shall be nonreimbursable and nonreturnable to the United States.
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Sec. 201
Actions to benefit endangered fish populations
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