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

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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. ####

(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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