Sec. 5049. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA

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## SEC. 5049 PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA ###

(a)Cooperative Program ####

(1)In general The Secretary shall participate with appropriate State and local agencies in the implementation of a cooperative program to improve and manage fisheries and aquatic habitat conditions in Pine Flat Reservoir and in the 14-mile reach of the Kings River immediately below Pine Flat Dam, California, in a manner that— #####

(A)provides for long-term aquatic resource enhancement; and #####

(B)avoids adverse effects on water storage and water rights holders. ####

(2)Goals and principles The cooperative program described in paragraph

(1)shall be carried out— #####

(A)substantially in accordance with the goals and principles of the document entitled “Kings River Fisheries Management Program Framework Agreement” and dated May 29, 1999, between the California department of fish and game and the Kings River Water Association and the Kings River Conservation District; and #####

(B)in cooperation with the parties to that agreement. ###

(b)Participation by Secretary ####

(1)In general In furtherance of the goals of the agreement described in subsection (a)(2), the Secretary shall participate in the planning, design, and construction of projects and pilot projects on the Kings River and its tributaries to enhance aquatic habitat and water availability for fisheries purposes (including maintenance of a trout fishery) in accordance with flood control operations, water rights, and beneficial uses in existence as of the date of enactment of this Act. ####

(2)Projects Projects referred to in paragraph

(1)may include— #####

(A)projects to construct or improve pumping, conveyance, and storage facilities to enhance water transfers; and #####

(B)projects to carry out water exchanges and create opportunities to use floodwater within and downstream of Pine Flat Reservoir. ###

(c)No Authorization of Certain Dam-Related Projects Nothing in this section shall be construed to authorize any project for the raising of Pine Flat Dam or the construction of a multilevel intake structure at Pine Flat Dam. ###

(d)Use of Existing Studies In carrying out this section, the Secretary shall use, to the maximum extent practicable, studies in existence on the date of enactment of this Act, including data and environmental documentation in the document entitled “Final Feasibility Report and Report of the Chief of Engineers for Pine Flat Dam Fish and Wildlife Habitat Restoration” and dated July 19, 2002. ###

(e)Credit for Land, Easements, and Rights-of-Way The Secretary shall credit toward the non-Federal share of the cost of construction of any project under subsection

(b)the value, regardless of the date of acquisition, of any land, easements, rights-of-way, dredged material disposal areas, or relocations provided by the non-Federal interest for use in carrying out the project. ###

(f)Operation and Maintenance The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility. ###

(g)Authorization of Appropriations There is authorized to be appropriated to carry out this section $20,000,000. Such sums shall remain available until expended.