Sec. 2005. Fish, wildlife, and habitat restoration
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Section 3406 of the Central Valley Project Improvement Act (106 Stat. 4714) is amended as follows: In subsection
(a)by striking paragraphs
(1)and (2), and redesignating paragraphs
(3)and
(4)as
(1)and (2); In subsection (b)— by striking establishing and inserting that establish ; and 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 ; in paragraph (1)— by striking natural production of ; by striking levels not less than twice ; and by striking title; And provided further, and all that follows through the period and inserting title. ; in paragraph (1)(B)— by striking is authorized and directed to and inserting may ; by inserting reasonable water after to provide ; by striking anadromous fish, except that such and inserting anadromous fish. Such ; by striking remaining contractual obligations and inserting contractual obligations ; by striking Instream flow and inserting Reasonable instream flow ; by inserting and the National Marine Fisheries Service after United States Fish and Wildlife Service ; and by striking after consultation with the California Department of Fish and Game ; in paragraph (2)— by striking primary purpose and inserting purposes ; by striking but not limited to before additional obligations ; and 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. ; by amending paragraph (2)(B) to read: 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. ; by amending paragraph 2(C) to read: 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. . In subsection
(c)in paragraph
(1)by striking naturally reproducing . In subsection (d)— in paragraph (1), by striking paragraph
(1)of this subsection and inserting paragraph
(2)of this subsection . by amending paragraph
(4)to read as follows: 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. . In subsection (e)— in paragraph (2), by striking ; and 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; in paragraph (6), by striking restore, and enhance natural production of salmon and steelhead trout and inserting and restore anadromous fish . By adding at the end the following: 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. 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. .
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- 106 Stat. 4714
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