I

111TH CONGRESS 1ST SESSION

H. R. 2977

To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into an agreement with the National Academy of Sciences to conduct a comprehensive study of sustainable water and environmental management in the Sacramento-San Joaquin Delta, California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2009 Mr. COSTA (for himself, Mr. CARDOZA, Mr. RADANOVICH, Mr. NUNES, and Mr. MCCARTHY of California) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into an agreement with the National Academy of Sciences to conduct a comprehensive study of sustainable water and environmental management in the Sacramento-San Joaquin Delta, California, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

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SECTION 1. SUSTAINABLE WATER AND ENVIRONMENTAL MANAGEMENT IN THE SACRAMENTO-SAN

JOAQUIN DELTA STUDIES AND REPORTS.

(a) INITIAL STUDY.— (1) IN
GENERAL.—Not

later than 60 days after

funding is made available for this Act, the Secretary, acting through the Bureau of Reclamation, shall offer to and, if the NAS agrees, shall enter into an agreement under which the NAS shall conduct a study to help ensure the scientific basis of plans for management of the Delta so as to help maintain and restore the estuary while enhancing the quality and reliability of California’s water supply. The study conducted under this paragraph shall include the following: (A) A review of the scientific information assessing the extent of ecosystem decline in the Sacramento and San Joaquin rivers and Delta, including the status and trends of pelagic organisms and anadromous fish species. (B) A list of the factors that may have contributed to the decline of federally and State listed species in the Delta. To the extent practicable, a ranking of the contribution of those factors, in order of their likely impact on the

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survival and recovery of Delta species, for purposes of informing future conservation actions. (C) A description of gaps in available scientific information and uncertainties that constrain the ability to identify the factors to be listed under subparagraph (B). (D) A review and evaluation of the scientific information referenced in the U.S. Fish and Wildlife Biological Opinion (USFWS, Dec. 15, 2008), the interpretation of that information by the Fish and Wildlife Service in the effects analysis, and the extent to which the effects analysis supports the Fish and Wildlife Service’s jeopardy and adverse modification determination and reasonable and prudent alternatives. (E) A review and evaluation of the scientific information referenced in the National Marine Fisheries Service Biological Opinion (NMFS, available June 2009), the interpretation of that information by the National Marine Fisheries Service in the effects analysis, and the extent to which the effects analysis supports the National Marine Fisheries Service’s jeopardy

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4 1 2 3 4 5 6 7 8 9 10 11 and adverse modification determination and reasonable and prudent alternatives. (2) REPORT.—Not later than 18 months after funding is made available to the NAS for the study under paragraph (1), the NAS shall submit to the Secretary a report containing the findings of that study. (3) AUTHORIZATION
OF APPROPRIATIONS.—

There is authorized to be appropriated to the Secretary, $900,000 to carry out this subsection. (b) ADDITIONAL REPORTS.—The Secretary, acting

12 through the Bureau of Reclamation, may commission ad13 ditional studies by the NAS to provide more strategic ad14 vice on water and environmental management challenges 15 facing the Delta. Such studies, if commissioned, shall ad16 dress issues such as the following: 17 18 19 20 21 22 23 24
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(1) Review the science underlying the extent of ecosystem decline in the Sacramento and San Joaquin Rivers and Delta, and evaluate its implications for the management of the Delta for water supply and other purposes. (2) Identify options for future water supplies for the region and state that reflect proper consideration for climate change and compatibility with ob-

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 jectives of maintaining a healthy Delta

hydroecosystems. (3) Advise how to most effectively incorporate science and adaptive management concepts into holistic programs for management and restoration of the Delta with the objective of providing a credible basis for providing a sustainable water supply and ecosystem for the future. (c) DEFINITIONS.—For the purposes of this Act: (1) DELTA.—The term ‘‘Delta’’ means the Sacramento-San Joaquin Delta in California. (2) NAS.—The term ‘‘NAS’’ means the National Academy of Sciences. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

Æ

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