Sec. 301. Taking into account increased real-time monitoring and updated science
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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. 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.
In carrying out this subsection, the Secretary of the Interior shall use— 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; 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 science-based recommendations developed by any of the persons or entities described in subsection (d)(2) to inform the agencies’ real-time decisions.
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— 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 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. Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall— evaluate whether the monitoring program under subsection (b), 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 determine whether the monitoring efforts should be changed in the short or long term to provide more useful data. Not later than March 15, 2021, the Secretary of the Interior shall— complete studies, to be initiated by not later than 90 days after the date of enactment of this Act, designed— to understand the location and determine the abundance and distribution of Delta smelt throughout the range of the Delta smelt; and to determine potential methods to minimize the effects of Central Valley Project and State Water Project operations on the Delta smelt; 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 subparagraph (A); 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 if new sampling and monitoring is not implemented under subparagraph (B), provide a detailed explanation of the determination of the Secretary of the Interior that no change is warranted. In determining the scope of the studies under this subsection, the Secretary of the Interior shall consult with— Central Valley Project and State Water Project water contractors and public water agencies; other public water agencies; the California Department of Fish and Wildlife and the California Department of Water Resources; and nongovernmental organizations. 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 opinion, using the best scientific and commercial data available. Building upon previous drought operations in calendar years 2014 and 2015, 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, Delta conditions, and other relevant factors, in order to identify— opportunities to increase water pumping without violating the standard in paragraph
(1)or other applicable environmental laws and regulations; and circumstances where it is necessary to decrease water pumping to protect listed fish species. In implementing the smelt biological opinion and the salmonid biological opinion, 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 Project, to the extent consistent with paragraph (1). With respect to the management of reverse flow in the OMR under the smelt biological opinion, 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 supplies, to the extent consistent with paragraph (1). If the Secretary determines to manage rates of pumping at the C.W. Bill Jones and the Harvey O. Banks pumping plants in the southern Delta to achieve a reverse OMR flow rate less negative than −5,000 cubic feet per second, the Secretary shall— document in writing any significant facts regarding real-time conditions relevant to the determinations of OMR reverse flow rates, including— targeted real-time fish monitoring in the Old River pursuant to this section, including monitoring in the vicinity of Station 902; and near-term forecasts with available salvage models under prevailing conditions of the effects on Delta smelt of OMR flow of −5,000 cubic feet per second; and explain in writing why any decision to manage OMR reverse flow at rates less negative than −5,000 cubic feet per second is necessary to comply with the environmental standard in subparagraph (e)(1), after considering relevant factors such as— the distribution of Delta smelt throughout the Delta; the potential effects of high entrainment risk on subsequent Delta smelt abundance; the water temperature; other significant factors relevant to the determination, as required by applicable Federal or State laws; turbidity; and whether any alternative measures could have a substantially lesser water supply impact. 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 Act, its implementing regulations, 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 opinion. During the first flush of sediment out of the Delta in each water year, based on objective evidence and notwithstanding subsection (e), 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 opinion. The Secretaries of the Interior and Commerce may— implement subsection
(e)building on, and taking into account the effects of, previous operations in the 2014 and 2015 water years; and use the results of monitoring through early warning surveys to make real-time operational decisions under the applicable biological opinion. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the California Department of Water Resources, consistent with the smelt biological opinion and the salmonid biological opinion, shall— review, including seeking public comment regarding, 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 warranted; and implement the revised method to calculate reverse flow in the OMR pursuant to paragraph (1). 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 opinion, to the extent that the Secretaries of the Interior and Commerce determine to be consistent with— section 701(a)(3); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and the regulations implementing that Act.
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Sec. 301
Taking into account increased real-time monitoring and updated science
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