U.S. Congress - Text of S.2365 as Introduced in Senate WEST Act
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A bill to promote the economic and energy security of the United States, and for other purposes.
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S 2365 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 2365CommentsClose CommentsPermalink
To promote the economic and energy security of the United States, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
April 25, 2012CommentsClose CommentsPermalink
April 25, 2012CommentsClose CommentsPermalink
Mr. HATCH (for himself, Mr. BARRASSO, Mr. MORAN, Mr. CRAPO, and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To promote the economic and energy security of the United States, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Western Economic Security Today Act’ or the ‘WEST Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--PUTTING THE GULF OF MEXICO BACK TO WORK
Sec. 101. Short title.CommentsClose CommentsPermalink
Sec. 102. Definitions.CommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf Land
Sec. 111. Drilling permits.CommentsClose CommentsPermalink
Subtitle B--Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in Gulf of Mexico
Sec. 122. Exclusive venue for certain civil actions relating to covered energy projects in Gulf of Mexico.CommentsClose CommentsPermalink
Sec. 123. Time limitation on filing.CommentsClose CommentsPermalink
Sec. 124. Expedition in hearing and determining action.CommentsClose CommentsPermalink
Sec. 125. Standard of review.CommentsClose CommentsPermalink
Sec. 126. Limitation on prospective relief.CommentsClose CommentsPermalink
Sec. 127. Limitation on attorneys’ fees.CommentsClose CommentsPermalink
TITLE II--RESTARTING AMERICAN OFFSHORE LEASING NOW
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Definitions.CommentsClose CommentsPermalink
Sec. 203. Requirement to conduct proposed oil and gas Lease Sale 216 in Central Gulf of Mexico.CommentsClose CommentsPermalink
Sec. 204. Requirement to conduct proposed oil and gas Lease Sale 220 on Outer Continental Shelf offshore Virginia.CommentsClose CommentsPermalink
Sec. 205. Requirement to conduct proposed oil and gas Lease Sale 222 in Central Gulf of Mexico.CommentsClose CommentsPermalink
TITLE III--REVERSING PRESIDENT OBAMA’S OFFSHORE MORATORIUM
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink
Sec. 303. Domestic oil and natural gas production goal.CommentsClose CommentsPermalink
TITLE IV--JOBS AND ENERGY PERMITTING
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Air quality measurement.CommentsClose CommentsPermalink
Sec. 403. OCS source.CommentsClose CommentsPermalink
Sec. 404. Permits.CommentsClose CommentsPermalink
TITLE V--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY
Sec. 501. Short title.CommentsClose CommentsPermalink
Subtitle A--Central Valley Project Water Reliability
Sec. 511. Amendment to purposes.CommentsClose CommentsPermalink
Sec. 512. Amendment to definition.CommentsClose CommentsPermalink
Sec. 513. Contracts.CommentsClose CommentsPermalink
Sec. 514. Water transfers, improved water management, and conservation.CommentsClose CommentsPermalink
Sec. 515. Fish, wildlife, and habitat restoration.CommentsClose CommentsPermalink
Sec. 516. Restoration Fund.CommentsClose CommentsPermalink
Sec. 517. Additional authorities.CommentsClose CommentsPermalink
Sec. 518. Bay-Delta Accord.CommentsClose CommentsPermalink
Sec. 519. Natural and artificially spawned species.CommentsClose CommentsPermalink
Sec. 520. Authorized service area.CommentsClose CommentsPermalink
Sec. 521. Regulatory streamlining.CommentsClose CommentsPermalink
Subtitle B--San Joaquin River Restoration
Sec. 531. Repeal of the San Joaquin River settlement.CommentsClose CommentsPermalink
Sec. 532. Purpose.CommentsClose CommentsPermalink
Sec. 533. Definitions.CommentsClose CommentsPermalink
Sec. 534. Implementation of restoration.CommentsClose CommentsPermalink
Sec. 535. Disposal of property; title to facilities.CommentsClose CommentsPermalink
Sec. 536. Compliance with applicable law.CommentsClose CommentsPermalink
Sec. 537. Compliance with Central Valley Project Improvement Act.CommentsClose CommentsPermalink
Sec. 538. No private right of action.CommentsClose CommentsPermalink
Sec. 539. Implementation.CommentsClose CommentsPermalink
Sec. 540. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink
Sec. 541. Repeal.CommentsClose CommentsPermalink
Sec. 542. Water supply mitigation.CommentsClose CommentsPermalink
Sec. 543. Additional authorities.CommentsClose CommentsPermalink
Subtitle C--Repayment Contracts and Acceleration of Repayment of Construction Costs
Sec. 551. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink
Subtitle D--Bay-Delta Watershed Water Rights Preservation and Protection
Sec. 561. Water rights and area-of-origin protections.CommentsClose CommentsPermalink
Sec. 562. Sacramento River settlement contracts.CommentsClose CommentsPermalink
Sec. 563. Sacramento River Watershed water service contractors.CommentsClose CommentsPermalink
Sec. 564. No redirected adverse impacts.CommentsClose CommentsPermalink
Subtitle E--Miscellaneous
Sec. 571. Precedent.CommentsClose CommentsPermalink
TITLE VI--REDUCING REGULATORY BURDENS
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Use of authorized pesticides.CommentsClose CommentsPermalink
Sec. 603. Discharges of pesticides.CommentsClose CommentsPermalink
TITLE VII--FARM DUST REGULATION PREVENTION
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter.CommentsClose CommentsPermalink
Sec. 703. Nuisance dust.CommentsClose CommentsPermalink
Sec. 704. Sense of Congress.CommentsClose CommentsPermalink
Sec. 705. Impacts of EPA regulatory activity on employment and economic activity in agriculture community.CommentsClose CommentsPermalink
TITLE VIII--ENERGY TAX PREVENTION
Sec. 801. Short title.CommentsClose CommentsPermalink
Sec. 802. No regulation of emissions of greenhouse gases.CommentsClose CommentsPermalink
Sec. 803. Preserving one national standard for automobiles.CommentsClose CommentsPermalink
TITLE I--PUTTING THE GULF OF MEXICO BACK TO WORKCommentsClose CommentsPermalink
TITLE I--PUTTING THE GULF OF MEXICO BACK TO WORKCommentsClose CommentsPermalink
SEC. 101. SHORT TITLE.
This title may be cited as the ‘Putting the Gulf of Mexico Back to Work Act’.CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) COVERED CIVIL ACTION- The term ‘covered civil action’ means a civil action containing a claim under
(2) COVERED ENERGY PROJECT-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘covered energy project’ means the leasing of Federal land of the outer Continental Shelf for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, and any action under a lease.CommentsClose CommentsPermalink
(B) EXCLUSION- The term ‘covered energy project’ does not include any dispute between the parties to a lease regarding the obligations under the lease, including any alleged breach of the lease.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf LandCommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf LandCommentsClose CommentsPermalink
SEC. 111. DRILLING PERMITS.
Section 11 of the Outer Continental Shelf Lands Act (
‘(d) Drilling Permits-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall by regulation require that any lessee operating under an approved exploration plan--CommentsClose CommentsPermalink
‘(A) obtain a permit before drilling any well in accordance with the plan; andCommentsClose CommentsPermalink
‘(B) obtain a new permit before drilling any well of a design that is significantly different than the design for which the existing permit was issued.CommentsClose CommentsPermalink
‘(2) SAFETY REVIEW REQUIRED- The Secretary shall not issue a permit under paragraph (1) without ensuring that the proposed drilling operations meet all--CommentsClose CommentsPermalink
‘(A) critical safety system requirements, including blowout prevention; andCommentsClose CommentsPermalink
‘(B) oil spill response and containment requirements.CommentsClose CommentsPermalink
‘(3) TIMELINE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall determine whether to issue a permit under paragraph (1) not later than 30 days after the date on which the Secretary receives the application for a permit.CommentsClose CommentsPermalink
‘(B) EXTENSION OF TIME-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary may extend the period in which to consider an application for a permit for up to 2 periods of 15 days each if the Secretary has given written notice of the delay to the applicant.CommentsClose CommentsPermalink
‘(ii) NOTICE- The notice described in clause (i) shall--CommentsClose CommentsPermalink
‘(I) be in the form of a letter from the Secretary or a designee of the Secretary; andCommentsClose CommentsPermalink
‘(II) include--CommentsClose CommentsPermalink
‘(aa) the name and title of each individual processing the application;CommentsClose CommentsPermalink
‘(bb) the reason for the delay; andCommentsClose CommentsPermalink
‘(cc) the date on which the Secretary expects to make a final decision on the application.CommentsClose CommentsPermalink
‘(4) DENIAL OF APPLICATION- If the Secretary denies the application, the Secretary shall provide the applicant--CommentsClose CommentsPermalink
‘(A) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiency; andCommentsClose CommentsPermalink
‘(B) an opportunity to remedy any deficiencies.CommentsClose CommentsPermalink
‘(5) FAILURE TO MAKE DECISION WITHIN 60 DAYS- If the Secretary does not make a decision on the application by the date that is 60 days from the date on which the Secretary receives the application, the application shall be considered approved.’.CommentsClose CommentsPermalink
Subtitle B--Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in Gulf of MexicoCommentsClose CommentsPermalink
Subtitle B--Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in Gulf of MexicoCommentsClose CommentsPermalink
SEC. 122. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS IN GULF OF MEXICO.
A covered civil action shall be brought only in a judicial district in the Fifth Circuit unless there is no district in that circuit in which the action may be brought.CommentsClose CommentsPermalink
SEC. 123. TIME LIMITATION ON FILING.
A covered civil action is barred unless the action is filed not later than the date that is 60 days after the date of the final Federal agency action.CommentsClose CommentsPermalink
SEC. 124. EXPEDITION IN HEARING AND DETERMINING ACTION.
A court shall endeavor to hear and determine any covered civil action as expeditiously as practicable.CommentsClose CommentsPermalink
SEC. 125. STANDARD OF REVIEW.
(a) In General- In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct.CommentsClose CommentsPermalink
(b) Standard- The presumption described in subsection (a) may be rebutted only by a preponderance of the evidence contained in the administrative record.CommentsClose CommentsPermalink
SEC. 126. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation.CommentsClose CommentsPermalink
SEC. 127. LIMITATION ON ATTORNEYS’ FEES.
(a) In General- Sections 504 of title 5 and 2412 of title 28, United States Code, do not apply to a covered civil action.CommentsClose CommentsPermalink
(b) Payment From Federal Government- No party to a covered civil action shall receive from the Federal Government payment for attorneys’ fees, expenses, and other court costs.CommentsClose CommentsPermalink
TITLE II--RESTARTING AMERICAN OFFSHORE LEASING NOWCommentsClose CommentsPermalink
TITLE II--RESTARTING AMERICAN OFFSHORE LEASING NOWCommentsClose CommentsPermalink
SEC. 201. SHORT TITLE.
This title may be cited as the ‘Restarting American Offshore Leasing Now Act’.CommentsClose CommentsPermalink
SEC. 202. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) ENVIRONMENTAL IMPACT STATEMENT FOR THE 2007-2012 5-YEAR OCS PLAN- The term ‘environmental impact statement for the 2007-2012 5-Year OCS plan’ means the final environmental impact statement prepared by the Secretary entitled ‘Outer Continental Shelf Oil and Gas Leasing Program: 2007-2012’, and dated April 2007.CommentsClose CommentsPermalink
(2) MULTISALE ENVIRONMENTAL IMPACT STATEMENT- The term ‘multisale environmental impact statement’ means the environmental impact statement prepared by the Secretary relating to proposed Western Gulf of Mexico OCS Oil and Gas Lease Sales 204, 207, 210, 215, and 218, and proposed Central Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208, 213, 216, and 222, and dated September 2008.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 203. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN CENTRAL GULF OF MEXICO.
(a) In General- As soon as practicable, but not later than 60 days after the date of enactment of this Act, the Secretary shall conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (
(b) Environmental Review- For the purposes of the lease sale described in subsection (a), the environmental impact statement for the 2007-2012 5-Year OCS plan and the multisale environmental impact statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (
SEC. 204. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General- As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (
(b) Environmental Review- For the purposes of the lease sale described in subsection (a), the environmental impact statement for the 2007-2012 5-Year OCS plan and the multisale environmental impact statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (
SEC. 205. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN CENTRAL GULF OF MEXICO.
(a) In General- As soon as practicable, but not later than 60 days after the date of enactment of this Act, the Secretary shall conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (
(b) Environmental Review- For the purposes of the lease sale described in subsection (a), the environmental impact statement for the 2007-2012 5-Year OCS plan and the multisale environmental impact statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (
TITLE III--REVERSING PRESIDENT OBAMA’S OFFSHORE MORATORIUMCommentsClose CommentsPermalink
TITLE III--REVERSING PRESIDENT OBAMA’S OFFSHORE MORATORIUMCommentsClose CommentsPermalink
SEC. 301. SHORT TITLE.
This title may be cited as the ‘Reversing President Obama’s Offshore Moratorium Act’.CommentsClose CommentsPermalink
SEC. 302. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18(a) of the Outer Continental Shelf Lands Act (
‘(5)(A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales that include--CommentsClose CommentsPermalink
‘(i) at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geological assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area; andCommentsClose CommentsPermalink
‘(ii) any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing.CommentsClose CommentsPermalink
‘(B) In this paragraph, the term ‘available unleased acreage’ means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law.CommentsClose CommentsPermalink
‘(6)(A) For the 2012-2017 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that are estimated to contain more than--CommentsClose CommentsPermalink
‘(i) 2,500,000,000 barrels of oil; orCommentsClose CommentsPermalink
‘(ii) 7,500,000,000,000 cubic feet of natural gas.CommentsClose CommentsPermalink
‘(B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled ‘Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006’.’.CommentsClose CommentsPermalink
SEC. 303. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18 of the Outer Continental Shelf Lands Act (
‘(b) Domestic Oil and Natural Gas Production Goal- -CommentsClose CommentsPermalink
‘(1) IN GENERAL- In developing a 5-year oil and gas leasing program, subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program, which goal shall be--CommentsClose CommentsPermalink
‘(A) the best estimate of the practicable increase in domestic production of oil and natural gas from the outer Continental Shelf;CommentsClose CommentsPermalink
‘(B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; andCommentsClose CommentsPermalink
‘(C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program.CommentsClose CommentsPermalink
‘(2) 2012-2017 PROGRAM GOAL- For purposes of the 2012-2017 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2027 of not less than--CommentsClose CommentsPermalink
‘(A) 3,000,000 barrels in the quantity of oil produced per day; andCommentsClose CommentsPermalink
‘(B) 10,000,000,000 cubic feet in the quantity of natural gas produced per day.CommentsClose CommentsPermalink
‘(3) REPORTING- Beginning at the end of the 5-year period for which the program applies and annually thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress of the program in meeting the production goal that includes an identification of projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal.’.CommentsClose CommentsPermalink
TITLE IV--JOBS AND ENERGY PERMITTINGCommentsClose CommentsPermalink
TITLE IV--JOBS AND ENERGY PERMITTINGCommentsClose CommentsPermalink
SEC. 401. SHORT TITLE.
This title may be cited as the ‘Jobs and Energy Permitting Act of 2012’.CommentsClose CommentsPermalink
SEC. 402. AIR QUALITY MEASUREMENT.
Section 328(a)(1) of the Clean Air Act (
SEC. 403. OCS SOURCE.
Section 328(a)(4)(C) of the Clean Air Act (
SEC. 404. PERMITS.
(a) Permits- Section 328 of the Clean Air Act (
‘(d) Permit Application- In the case of a completed application for a permit under this Act for platform or drill ship exploration for an OCS source--CommentsClose CommentsPermalink
‘(1) final agency action (including any reconsideration of the issuance or denial of such a permit) shall be taken not later than 180 days after the date on which the completed application is filed;CommentsClose CommentsPermalink
‘(2) the Environmental Appeals Board of the Environmental Protection Agency shall have no authority to consider any matter regarding the consideration, issuance, or denial of the permit;CommentsClose CommentsPermalink
‘(3) no administrative stay of the effectiveness of the permit may extend beyond the date that is 180 days after the date on which the completed application is filed;CommentsClose CommentsPermalink
‘(4) that final agency action shall be considered to be nationally applicable under section 307(b); andCommentsClose CommentsPermalink
‘(5) judicial review of that final agency action shall be available only in accordance with section 307(b) without additional administrative review or adjudication.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 328(a)(4) of the Clean Air Act (
TITLE V--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITYCommentsClose CommentsPermalink
TITLE V--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITYCommentsClose CommentsPermalink
SEC. 501. SHORT TITLE.
This title may be cited as the ‘Sacramento-San Joaquin Valley Water Reliability Act’.CommentsClose CommentsPermalink
Subtitle A--Central Valley Project Water ReliabilityCommentsClose CommentsPermalink
Subtitle A--Central Valley Project Water ReliabilityCommentsClose CommentsPermalink
SEC. 511. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act (
(1) in subsection (f), by striking the period at the end; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(g) to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to Central Valley Project water contractors not later than December 31, 2016, at the lowest cost reasonably achievable; andCommentsClose CommentsPermalink
‘(h) to facilitate and expedite water transfers in accordance with this title.’.CommentsClose CommentsPermalink
SEC. 512. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
‘(a) the term ‘anadromous fish’ means those native stocks of salmon (including steelhead) and sturgeon that--CommentsClose CommentsPermalink
‘(1) as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and the tributaries of the Sacramento and San Joaquin Rivers; andCommentsClose CommentsPermalink
‘(2) ascend those rivers and tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean;’;CommentsClose CommentsPermalink
(2) by redesignating subsections (i) through (m) as subsections (j) through (n), respectively; andCommentsClose CommentsPermalink
(3) by inserting after subsection (h) the following:CommentsClose CommentsPermalink
‘(i) the term ‘reasonable flows’ means water flows capable of being maintained taking into account competing consumptive uses of water and economic, environmental, and social factors.’.CommentsClose CommentsPermalink
SEC. 513. CONTRACTS.
Section 3404 of the Central Valley Project Improvement Act (
‘SEC. 3404. CONTRACTS.
‘(a) Renewal of Existing Long-Term Contracts- On request of the contractor, the Secretary shall renew any existing long-term repayment or water service contract that provides for the delivery of water from the Central Valley Project for a period of 40 years.CommentsClose CommentsPermalink
‘(b) Administration of Contracts- Except as expressly provided by this title, any existing long-term repayment or water service contract for the delivery of water from the Central Valley Project shall be administered pursuant to the Act of July 2, 1956 (chapter 492; 70 Stat. 483).CommentsClose CommentsPermalink
‘(c) Delivery Charge- Beginning on the date of enactment of this Act, a contract entered into or renewed pursuant to this section shall include a provision that requires the Secretary to charge any other party to the contract only for water actually delivered by the Secretary.’.CommentsClose CommentsPermalink
SEC. 514. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND CONSERVATION.
Section 3405 of the Central Valley Project Improvement Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the second sentence, by striking ‘Except as provided herein’ and inserting ‘The Secretary shall take all actions necessary to facilitate and expedite transfers of Central Valley Project water in accordance with this title or any other provision of Federal reclamation law and the National Environmental Policy Act of 1969 (
(B) in paragraph (1)(A), by striking ‘to combination’ and inserting ‘or combination’;CommentsClose CommentsPermalink
(C) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink
‘(E) WRITTEN TRANSFER PROPOSALS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The contracting district from which the water is supplied, the agency, or the Secretary, as applicable, shall determine whether a written transfer proposal is complete not later than 45 days after the date on which the proposal is submitted.CommentsClose CommentsPermalink
‘(ii) DETERMINATION- If the contracting district, the agency, or the Secretary determines that the proposal described in clause (i) is incomplete, the contracting district, agency, or Secretary shall state, in writing and with specificity, the conditions under which the proposal would be considered complete.CommentsClose CommentsPermalink
‘(F) NO MITIGATION REQUIREMENTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Except as provided in this section, the Secretary shall not impose mitigation or other requirements on a proposed transfer.CommentsClose CommentsPermalink
‘(ii) APPLICABILITY- This section shall have no effect on the authority of the contracting district from which the water is supplied or the agency under State law to approve or condition a proposed transfer.’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) APPLICABILITY- Notwithstanding any other provision of Federal reclamation law--CommentsClose CommentsPermalink
‘(A) the authority to transfer, exchange, bank, or make recharging arrangements using Central Valley Project water that could have been carried out before October 30, 1992, is valid, and those transfers, exchanges, or arrangements shall not be subject to, limited, or conditioned by this title; andCommentsClose CommentsPermalink
‘(B) this title does not supersede or revoke the authority to transfer, exchange, bank, or recharge Central Valley Project water in effect before October 30, 1992.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the heading, by striking ‘METERING’ and inserting ‘MEASUREMENT’;CommentsClose CommentsPermalink
(B) in the first sentence, by striking ‘All Central Valley’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- All Central Valley’;CommentsClose CommentsPermalink
(C) in the second sentence, by striking ‘The contracting district’ and inserting the following:CommentsClose CommentsPermalink
‘(3) ANNUAL REPORT- The contracting district’; andCommentsClose CommentsPermalink
(D) by inserting after paragraph (1) (as designated by subparagraph (B)) the following:CommentsClose CommentsPermalink
‘(2) MEASUREMENT REQUIREMENTS- The contracting district or agency, not including contracting districts serving multiple agencies with separate governing boards, shall ensure that all contractor-owned water delivery systems within the boundaries of the contracting district or agency measure surface water at the facilities of the contracting district or agency up to the point at which the surface water is commingled with other water supplies.’;CommentsClose CommentsPermalink
(3) by striking subsection (d);CommentsClose CommentsPermalink
(4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; andCommentsClose CommentsPermalink
(5) by striking subsection (e) (as redesignated by paragraph (4)) and inserting the following:CommentsClose CommentsPermalink
‘(e) Increased Revenues- All revenues received by the Secretary that exceed the cost-of-service rates applicable to the delivery of water transferred from irrigation use to municipal and industrial use under subsection (a) shall be covered to the Restoration Fund.’.CommentsClose CommentsPermalink
SEC. 515. FISH, WILDLIFE, AND HABITAT RESTORATION.
Section 3406 of the Central Valley Project Improvement Act (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking paragraph (1)(B) and inserting the following:CommentsClose CommentsPermalink
‘(B) ADMINISTRATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- As needed to carry out the goals of the Central Valley Project, the Secretary may modify Central Valley Project operations to provide reasonable flows of suitable quality, quantity, and timing to protect all life stages of anadromous fish.CommentsClose CommentsPermalink
‘(ii) REQUIREMENTS- The flows under clause (i) shall be provided from the quantity of water dedicated to fish, wildlife, and habitat restoration purposes under paragraph (2) from the water supplies acquired pursuant to paragraph (3) and from other sources which do not conflict with fulfillment of the remaining contractual obligations of the Secretary to provide Central Valley Project water for other authorized purposes.CommentsClose CommentsPermalink
‘(iii) DETERMINATION OF NEEDS- The Secretary shall determine the instream reasonable flow needs for all Central Valley Project controlled streams and rivers based on recommendations of the United States Fish and Wildlife Service and the National Marine Fisheries Service after consultation with the United States Geological Survey.’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(I) in the first sentence, by striking ‘primary purpose’ and inserting ‘purposes’;CommentsClose CommentsPermalink
(II) by striking ‘but not limited to additional obligations under the Federal Endangered Species Act’ and inserting ‘additional obligations under the Endangered Species Act of 1973 (
(III) by adding at the end 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 that water would affect the delivery capability of the Central Valley Project yield. To the maximum extent practicable and in accordance with section 3411, Central Valley Project water dedicated and managed pursuant to this paragraph shall be reused to fulfill the remaining contractual obligations of the Secretary to provide Central Valley Project water for agricultural or municipal and industrial purposes.’; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink
‘(C) MANDATORY REDUCTION- If on March 15 of a given 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 less than 75 percent of the total quantity of water to be made available under those contracts, the quantity of Central Valley Project yield dedicated and managed for that year under this paragraph shall be reduced by 25 percent.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(i) Satisfaction of Purposes- In carrying out this section, the Secretary shall be considered to have met the mitigation, protection, restoration, and enhancement purposes of this title.’.CommentsClose CommentsPermalink
SEC. 516. RESTORATION FUND.
(a) In General- Section 3407(a) of the Central Valley Project Improvement Act (
(1) by striking ‘There is hereby’ and inserting the following:CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- There is’;CommentsClose CommentsPermalink
(2) in paragraph (1)(A) (as designated by paragraph (1)), by striking ‘Not less than 67 percent’ and all that follows through ‘Monies’ and inserting the following:CommentsClose CommentsPermalink
‘(B) USE OF DONATED AMOUNTS- Amounts’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) RESTRICTIONS- The Secretary may not directly or indirectly require a donation or other payment (including environmental restoration or mitigation fees not otherwise provided by law) to the Restoration Fund--CommentsClose CommentsPermalink
‘(A) as a condition of--CommentsClose CommentsPermalink
‘(i) providing for the storage or conveyance of non-Central Valley Project water pursuant to Federal reclamation laws; orCommentsClose CommentsPermalink
‘(ii) the delivery of water pursuant to section 215 of the Reclamation Reform Act of 1982 (
Public Law 97-293 ; 96 Stat. 1270); orCommentsClose CommentsPermalink‘(B) for any water that is delivered with the sole intent of groundwater recharge.’.CommentsClose CommentsPermalink
(b) Certain Payments- Section 3407(c)(1) of the Central Valley Project Improvement Act (
(1) by striking ‘mitigation and restoration payments, in addition to charges provided for or’ and inserting ‘payments, in addition to charges’; andCommentsClose CommentsPermalink
(2) by striking ‘of fish, wildlife’ and all that follows through the period and inserting ‘of carrying out this title.’.CommentsClose CommentsPermalink
(c) Adjustment and Assessment of Mitigation and Restoration Payments- Section 3407(d) of the Central Valley Project Improvement Act (
(1) in paragraph (2)(A)--CommentsClose CommentsPermalink
(A) by striking ‘, and $12 per acre-foot (October 1992 price levels) for municipal and industrial water sold and delivered by the Central Valley Project’ and inserting ‘$12 per acre-foot (October 1992 price levels) for municipal and industrial water sold and delivered by the Central Valley Project, and after October 1, 2013, $4 per megawatt-hour for Central Valley Project power sold to power contractors (October 2013 price levels)’; andCommentsClose CommentsPermalink
(B) by inserting ‘ but not later than December 31, 2020,’ after ‘That upon the completion of the fish, wildlife, and habitat mitigation and restoration actions mandated under section 3406 of this title,’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(g) Report on Expenditure of Funds-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For each fiscal year, the Secretary, in consultation with the Advisory Board, shall submit to Congress a plan for the expenditure of all of the funds deposited in the Restoration Fund during the preceding fiscal year.CommentsClose CommentsPermalink
‘(2) CONTENTS- The plan shall include an analysis of the cost-effectiveness of each expenditure.CommentsClose CommentsPermalink
‘(h) Advisory Board-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- There is established the Restoration Fund Advisory Board (referred to in this section as the ‘Advisory Board’), which shall be composed of 12 members appointed by the Secretary.CommentsClose CommentsPermalink
‘(2) MEMBERSHIP-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall appoint members to the Advisory Board that represent the various Central Valley Project stakeholders, of whom--CommentsClose CommentsPermalink
‘(i) 4 members shall be agricultural users of the Central Valley Project;CommentsClose CommentsPermalink
‘(ii) 3 members shall be municipal and industrial users of the Central Valley Project;CommentsClose CommentsPermalink
‘(iii) 3 members shall be power contractors of the Central Valley Project; andCommentsClose CommentsPermalink
‘(iv) 2 members shall be appointed at the discretion of the Secretary.CommentsClose CommentsPermalink
‘(B) OBSERVERS- The Secretary and the Secretary of Commerce may each designate a representative to act as an observer of the Advisory Board.CommentsClose CommentsPermalink
‘(C) CHAIRMAN- The Secretary shall appoint 1 of the members described in subparagraph (A) to serve as Chairman of the Advisory Board.CommentsClose CommentsPermalink
‘(3) TERMS- The term of each member of the Advisory Board shall be for a period of 4 years.CommentsClose CommentsPermalink
‘(4) DUTIES- The duties of the Advisory Board are--CommentsClose CommentsPermalink
‘(A) to meet not less frequently than semiannually to develop and make recommendations to the Secretary regarding priorities and spending levels on projects and programs carried out under this title;CommentsClose CommentsPermalink
‘(B) to ensure that any advice given or recommendation made by the Advisory Board reflects the independent judgment of the Advisory Board;CommentsClose CommentsPermalink
‘(C) not later than December 31, 2013, and annually thereafter, to submit to the Secretary and Congress the recommendations under subparagraph (A); andCommentsClose CommentsPermalink
‘(D) not later than December 31, 2013, and biennially thereafter, to submit to Congress a report that details the progress made in achieving the actions required under section 3406.CommentsClose CommentsPermalink
‘(5) ADMINISTRATION- With the consent of the appropriate agency head, the Advisory Board may use the facilities and services of any Federal agency.’.CommentsClose CommentsPermalink
SEC. 517. ADDITIONAL AUTHORITIES.
(a) Authority for Certain Activities- Section 3408 of the Central Valley Project Improvement Act (
‘(c) Contracts for Additional Storage and Delivery of Water-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary may enter into contracts under the reclamation laws and this title with any Federal agency, California water user or water agency, State agency, or private organization for the exchange, impoundment, storage, carriage, and delivery of nonproject water for domestic, municipal, industrial, fish and wildlife, and any other beneficial purpose.CommentsClose CommentsPermalink
‘(2) LIMITATION- Nothing in this subsection supersedes section 2(d) of the Act of August 26, 1937 (chapter 832; 50 Stat. 850; 100 Stat. 3051).CommentsClose CommentsPermalink
‘(3) AUTHORITY FOR CERTAIN ACTIVITIES- The Secretary shall use the authority granted by this subsection in connection with requests to exchange, impound, store, carry, or deliver nonproject water using Central Valley Project facilities for any beneficial purpose.CommentsClose CommentsPermalink
‘(4) RATES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall develop rates not to exceed the amount required to recover the reasonable costs incurred by the Secretary in connection with a beneficial purpose under this subsection.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- The rates shall be charged to a party using Central Valley Project facilities for a beneficial purpose, but the costs described in subparagraph (A) shall not include any donation or other payment to the Restoration Fund.CommentsClose CommentsPermalink
‘(5) CONSTRUCTION- This subsection shall be construed and implemented to facilitate and encourage the use of Central Valley Project facilities to exchange, impound, store, carry, or deliver nonproject water for any beneficial purpose.’.CommentsClose CommentsPermalink
(b) Reporting Requirements- Section 3408(f) of the Central Valley Project Improvement Act (
(1) in the first sentence, by striking ‘Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries’ and inserting ‘Natural Resources’;CommentsClose CommentsPermalink
(2) in the second sentence, by inserting ‘, including progress on the plan under subsection (j)’ before the period at the end; andCommentsClose CommentsPermalink
(3) by adding at the end the following: ‘The filing and adequacy of the report shall be personally certified to the Committees by the Regional Director of the Mid-Pacific Region of the Bureau of Reclamation.’.CommentsClose CommentsPermalink
(c) Project Yield Increase- Section 3408(j) of the Central Valley Project Improvement Act (
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and indenting appropriately;CommentsClose CommentsPermalink
(2) by striking ‘In order to minimize adverse effects, if any, upon’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- In order to minimize adverse effects upon’;CommentsClose CommentsPermalink
(3) in the second sentence, by striking ‘The plan’ and all that follows through ‘options:’ and inserting the following:CommentsClose CommentsPermalink
‘(2) CONTENTS- The plan shall include recommendations on appropriate cost-sharing arrangements and authorizing legislation or other measures needed to implement the intent, purposes, and provisions of this subsection, as well as a description of how the Secretary intends to use--’;CommentsClose CommentsPermalink
(4) in paragraph (1) (as designated by paragraph (2))--CommentsClose CommentsPermalink
(A) by striking ‘needs, the Secretary, shall’ and all that follows through ‘to the Congress,’ and inserting ‘needs, the Secretary, on a priority basis and not later than September 30, 2013, shall submit to Congress’; andCommentsClose CommentsPermalink
(B) by striking ‘increase,’ and all that follows through ‘under this title’ and inserting ‘increase, as soon as practicable, but not later than September 30, 2016 (except that the construction of new facilities shall not be limited by that deadline), the water of the Central Valley Project by the quantity dedicated and managed for fish and wildlife purposes under this title and otherwise required to meet the purposes of the Central Valley Project, including satisfying contractual obligations’;CommentsClose CommentsPermalink
(5) in paragraph (2)(A) (as designated by paragraph (1)), by inserting ‘and construction of new water storage facilities’ before the semicolon;CommentsClose CommentsPermalink
(6) in paragraph (2)(F) (as designated by paragraph (1)), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(7) in paragraph (2)(G) (as designated by paragraph (1)), by striking the period and all that follows through the end of the subsection and inserting ‘; and’; andCommentsClose CommentsPermalink
(8) by adding after paragraph (2)(G) the following:CommentsClose CommentsPermalink
‘(H) water banking and recharge.CommentsClose CommentsPermalink
‘(3) IMPLEMENTATION OF PLAN-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall implement the plan under paragraph (1) beginning on October 1, 2013.CommentsClose CommentsPermalink
‘(B) COORDINATION- In carrying out this subsection, the Secretary shall coordinate with the State of California in implementing measures for the long-term resolution of problems in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.CommentsClose CommentsPermalink
‘(4) FAILURE OF PLAN- Notwithstanding any other provision of the reclamation laws, if by September 30, 2016, the plan under paragraph (1) fails to increase the annual delivery capability of the Central Valley Project by 800,000 acre-feet, implementation of any nonmandatory action under section 3406(b)(2) shall be suspended until the date on which the plan achieves an increase in the annual delivery capability of the Central Valley Project of 800,000 acre-feet.’.CommentsClose CommentsPermalink
(d) Technical Corrections- Section 3408(h) of the Central Valley Project Improvement Act (
(1) in paragraph (1), by striking ‘paragraph (h)(2)’ and inserting ‘paragraph (2)’; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘paragraph (h)(i)’ and inserting ‘paragraph (1)’.CommentsClose CommentsPermalink
(e) Water Storage Project Construction-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior, acting through the Commissioner of Reclamation, may partner or enter into an agreement relating to the water storage projects described in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act (
(2) NO ADDITIONAL FEDERAL AMOUNTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), no additional Federal amounts are authorized to be appropriated to carry out the activities described in clauses (i) through (iii) of sections 103(d)(1)(A) of the Water Supply, Reliability, and Environmental Improvement Act (
(B) EXCEPTION- Additional Federal amounts may be appropriated for construction of a project described in subparagraph (A) if non-Federal amounts are used to finance and construct the project.CommentsClose CommentsPermalink
SEC. 518. BAY-DELTA ACCORD.
(a) Congressional Direction Regarding Central Valley Project and California State Water Project Operations-CommentsClose CommentsPermalink
(1) IN GENERAL- The Central Valley Project and the California State Water Project shall be operated strictly in accordance with the water quality standards and operational constraints described in the ‘Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government’ dated December 15, 1994.CommentsClose CommentsPermalink
(2) APPLICABILITY OF OTHER LAW- The Endangered Species Act of 1973 (
(3) IMPLEMENTATION- Implementation of the ‘Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government’ dated December 15, 1994, shall be in strict compliance with the water rights priority system and statutory protections for areas of origin.CommentsClose CommentsPermalink
(b) Application of Laws to Others-CommentsClose CommentsPermalink
(1) IN GENERAL- As a condition of the receipt of Federal amounts for the Central Valley Project and the California State Water Project, the State of California (including any agency or board of the State of California), on any water right obtained pursuant to State law, including a pre-1914 appropriative right, shall not--CommentsClose CommentsPermalink
(A) impose any condition that restricts the exercise of that water right that is affected by operations of the Central Valley Project or California State Water Project; orCommentsClose CommentsPermalink
(B) restrict under the Public Trust Doctrine any public trust value imposed in order to conserve, enhance, recover, or otherwise protect any species.CommentsClose CommentsPermalink
(2) FEDERAL AGENCIES- The prohibition under paragraph (1)(A) shall apply to Federal agencies.CommentsClose CommentsPermalink
(c) Costs- No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, unless those costs are incurred on a voluntary basis.CommentsClose CommentsPermalink
(d) Native Species Protection- This section preempts any law of the State California law restricting the quantity or size of a nonnative fish that is taken or harvested that preys on 1 or more native fish species that occupy the Sacramento and San Joaquin Rivers and the tributaries of those rivers or the Sacramento-San Joaquin Rivers Delta.CommentsClose CommentsPermalink
SEC. 519. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of enactment of this Act, and regardless of the date of listing, the Secretaries of the Interior and Commerce shall not distinguish between natural-spawned and hatchery-spawned (or otherwise artificially propagated strains of a species) in making any determination under the Endangered Species Act of 1973 (
SEC. 520. AUTHORIZED SERVICE AREA.
(a) In General- The Secretary of the Interior, acting through the Commissioner of Reclamation, shall include in the service area of the Central Valley Project authorized under the Central Valley Project Improvement Act (
(b) Long-Term Contract-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding the Central Valley Project Improvement Act (
(2) REDUCTION IN CONTRACT- The Secretary may temporarily reduce deliveries of the quantity of water made available under paragraph (1) by not more than 25 percent of the total whenever reductions due to hydrologic circumstances are imposed on agricultural deliveries of Central Valley Project water.CommentsClose CommentsPermalink
(c) Additional Cost- If any additional infrastructure or related costs are needed to implement this section, those costs shall be the responsibility of the non-Federal entity.CommentsClose CommentsPermalink
SEC. 521. REGULATORY STREAMLINING.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CVP- The term ‘CVP’ means the Central Valley Project.CommentsClose CommentsPermalink
(2) PROJECT- The term ‘project’--CommentsClose CommentsPermalink
(A) means an activity that--CommentsClose CommentsPermalink
(i) is undertaken by a public agency, funded by a public agency, or requires the issuance of a permit by a public agency;CommentsClose CommentsPermalink
(ii) has a potential to result in a physical change to the environment; andCommentsClose CommentsPermalink
(iii) may be subject to several discretionary approvals by governmental agencies;CommentsClose CommentsPermalink
(B) may include construction activities, clearing or grading of land, improvements to existing structures, and activities or equipment involving the issuance of a permit; orCommentsClose CommentsPermalink
(C) has the meaning given the term defined in section 21065 of the California Public Resource Code.CommentsClose CommentsPermalink
(b) Applicability of Certain Laws- The filing of a notice of determination or a notice of exemption for any project, including the issuance of a permit under State law, for any project of the CVP or the delivery of water from the CVP in accordance with the California Environmental Quality Act shall be considered to meet the requirements for that project or permit under section 102(2)(C) of the National Environmental Protection Act of 1969 (
(c) Continuation of Project- The Bureau of Reclamation shall not be required to cease or modify any major Federal action or other activity for any project of the CVP or the delivery of water from the CVP pending completion of judicial review of any determination made under the National Environmental Protection Act of 1969 (
Subtitle B--San Joaquin River RestorationCommentsClose CommentsPermalink
Subtitle B--San Joaquin River RestorationCommentsClose CommentsPermalink
SEC. 531. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.
As of the date of enactment of this Act, the Secretary shall cease any action to implement the Stipulation of Settlement, Natural Resources Defense Council, Inc. v. Rodgers, No. Civ. S-88-1658 LKK/GGH (E.D. Cal. Sept. 13, 2006).CommentsClose CommentsPermalink
SEC. 532. PURPOSE.
Section 10002 of the San Joaquin River Restoration Settlement Act (
SEC. 533. DEFINITIONS.
Section 10003 of the San Joaquin River Restoration Settlement Act (
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink
(2) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) CRITICAL WATER YEAR- The term ‘critical water year’ means a year in which the total unimpaired runoff at Friant Dam is less than 400,000 acre-feet, as forecasted as of March 1 of that water year by the California Department of Water Resources.CommentsClose CommentsPermalink
‘(2) RESTORATION FLOWS- The term ‘Restoration Flows’ means the additional water released or bypassed from Friant Dam to ensure that the target flow entering Mendota Pool, located approximately 62 river miles downstream from Friant Dam, does not fall below a speed of 50 cubic feet per second.’; andCommentsClose CommentsPermalink
(3) by striking paragraph (4) (as redesignated by paragraph (1)) and inserting the following:CommentsClose CommentsPermalink
‘(4) WATER YEAR- The term ‘water year’ means the period beginning March 1 of a given year and ending on the last day of February of the following calendar year.’.CommentsClose CommentsPermalink
SEC. 534. IMPLEMENTATION OF RESTORATION.
Section 10004 of the San Joaquin River Restoration Settlement Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘hereby authorized and directed’ and all that follows through ‘in the Settlement:’ and inserting ‘may carry out the following:’;CommentsClose CommentsPermalink
(B) by striking paragraphs (1), (2), (4), and (5);CommentsClose CommentsPermalink
(C) by redesignating paragraph (3) as paragraph (1);CommentsClose CommentsPermalink
(D) in paragraph (1) (as redesignated by subparagraph (C)), by striking ‘paragraph 13 of the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(E) by adding at the end the following :CommentsClose CommentsPermalink
‘(2) In each water year, beginning in the water year commencing on March 1, 2013, the Secretary--CommentsClose CommentsPermalink
‘(A) shall modify Friant Dam operations to release the Restoration Flows for that water year, unless the year is a critical water year;CommentsClose CommentsPermalink
‘(B) shall ensure that--CommentsClose CommentsPermalink
‘(i) the release of Restoration Flows are maintained at the level prescribed by this part; andCommentsClose CommentsPermalink
‘(ii) Restoration Flows do not reach downstream of Mendota Pool;CommentsClose CommentsPermalink
‘(C) shall release the Restoration Flows in a manner that improves the fishery in the San Joaquin River below Friant Dam and upstream of Gravelly Ford, Nevada, as in existence on the date of the enactment of the Sacramento and San Joaquin Valleys Water Reliability Act, including the associated riparian habitat; andCommentsClose CommentsPermalink
‘(D) may, without limiting the actions required under subparagraphs (A) and (C) and subject to paragraph (3) and subsection (l), use the Restoration Flows to enhance or restore a warm water fishery downstream of Gravelly Ford, Nevada, including to Mendota Pool, if the Secretary determines that the action is reasonable, prudent, and feasible.CommentsClose CommentsPermalink
‘(3) Not later than 1 year after the date of enactment of the Sacramento and San Joaquin Valleys Water Reliability Act, the Secretary shall develop and implement, in cooperation with the State of California, a reasonable plan--CommentsClose CommentsPermalink
‘(A) to fully recirculate, recapture, reuse, exchange, or transfer all Restoration Flows; andCommentsClose CommentsPermalink
‘(B) to provide the recirculated, recaptured, reused, exchanged, or transferred flows to those contractors within the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project that relinquished the Restoration Flows that were recirculated, recaptured, reused, exchanged, or transferred.CommentsClose CommentsPermalink
‘(4) The plan described in paragraph (3) shall--CommentsClose CommentsPermalink
‘(A) address any impact on groundwater resources within the service area of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project and mitigation may include groundwater banking and recharge projects;CommentsClose CommentsPermalink
‘(B) not impact the water supply or water rights of any entity outside the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project; andCommentsClose CommentsPermalink
‘(C) be subject to applicable provisions of California water law and the use by the Secretary of the Interior of Central Valley Project facilities to make Project water (other than water released from Friant Dam under this part) and water acquired through transfers available to existing south of Delta Central Valley Project contractors.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(3) in subsection (c), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(4) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink
‘(d) Mitigation of Impacts-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than October 1, 2013 and subject to paragraph (2), the Secretary shall identify--CommentsClose CommentsPermalink
‘(A) the impacts associated with the release of Restoration Flows prescribed in this part; andCommentsClose CommentsPermalink
‘(B) the measures to be implemented to mitigate impacts on adjacent and downstream water users, landowners, and agencies as a result of Restoration Flows.CommentsClose CommentsPermalink
‘(2) MITIGATION MEASURES- Before implementing a decision or agreement to construct, improve, operate, or maintain a facility that the Secretary determines is necessary to implement this part, the Secretary shall implement all mitigation measures identified in paragraph (1)(B) before the date on which Restoration Flows are commenced.’;CommentsClose CommentsPermalink
(5) in subsection (e), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(6) in subsection (f), by striking ‘the Settlement and section 10011’ and inserting ‘this part’;CommentsClose CommentsPermalink
(7) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking ‘the Settlement and’; andCommentsClose CommentsPermalink
(B) by striking ‘or exchange contract’ and inserting ‘exchange contract, water rights settlement, or holding contract’;CommentsClose CommentsPermalink
(8) in subsection (h)--CommentsClose CommentsPermalink
(A) by striking ‘Interim’ in the header;CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by striking ‘Interim Flows under the Settlement’ and inserting ‘Restoration Flows under this part’;CommentsClose CommentsPermalink
(ii) in subparagraph (C)--CommentsClose CommentsPermalink
(I) in clause (i), by striking ‘Interim’ and inserting ‘Restoration’; andCommentsClose CommentsPermalink
(II) in clause (ii), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink
(iii) in subparagraph (D), by striking ‘and’ at the end; andCommentsClose CommentsPermalink
(iv) by striking subparagraph (E);CommentsClose CommentsPermalink
(C) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) CONDITIONS FOR RELEASE- The Secretary may release Restoration Flows to the extent that the flows would not exceed existing downstream channel capacities.’;CommentsClose CommentsPermalink
(D) in paragraph (3), by striking ‘Interim’ and inserting ‘Restoration’; andCommentsClose CommentsPermalink
(E) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
‘(4) CLAIMS- Not later than 60 days after the date of enactment of the Sacramento and San Joaquin Valleys Water Reliability Act, the Secretary shall issue, by regulation, a claims process to address claims, including groundwater seepage, flooding, or levee instability damages caused as a result of, arising out of, or related to implementation of this subtitle.’;CommentsClose CommentsPermalink
(9) in subsection (i)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by striking ‘the Settlement and parts I and III’ and inserting ‘this part’;CommentsClose CommentsPermalink
(ii) in subparagraph (A), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink
(iii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) by striking ‘additional amounts authorized to be appropriated, including the’; andCommentsClose CommentsPermalink
(II) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(iv) by striking subparagraph (C); andCommentsClose CommentsPermalink
(B) by striking paragraph (3); andCommentsClose CommentsPermalink
(10) by adding at the end the following:CommentsClose CommentsPermalink
‘(k) No Impacts on Other Interests-CommentsClose CommentsPermalink
‘(1) IN GENERAL- No Central Valley Project or other water (other than San Joaquin River water impounded by or bypassed from Friant Dam) shall be used to implement subsection (a)(2) unless the use is on a voluntary basis.CommentsClose CommentsPermalink
‘(2) INVOLUNTARY COSTS- No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless the cost is incurred on a voluntary basis.CommentsClose CommentsPermalink
‘(3) REDUCTION IN WATER SUPPLIES- The implementation of this part shall not directly or indirectly reduce any water supply or water reliability on any Central Valley Project contractor, any State Water Project contractor, or any other person or entity, outside the Friant Division, the Hidden Unit, or the Buchanan Unit, unless the reduction or cost is incurred on a voluntary basis.CommentsClose CommentsPermalink
‘(l) Priority- Each action taken under this part shall be subordinate to the use by the Secretary of Central Valley Project facilities to make Project water available to Project contractors, other than water released from the Friant Dam under this part.CommentsClose CommentsPermalink
‘(m) Applicability-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Notwithstanding section 8 of the Act of June 17, 1902 (32 Stat. 390, chapter 1093), except as provided in this part and subtitle D of the Sacramento and San Joaquin Valleys Water Reliability Act, this part--CommentsClose CommentsPermalink
‘(A) preempts and supersedes any State law, regulation, or requirement that imposes more restrictive requirements or regulations on the activities authorized under this part; andCommentsClose CommentsPermalink
‘(B) does not alter or modify any obligation of the Friant Division, Hidden Unit, and Buchanan Unit of the Central Valley Project, or other water users on the San Joaquin River, or tributaries of the San Joaquin River, under any order issued by the State Water Resources Control Board under the Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.).CommentsClose CommentsPermalink
‘(2) APPLICABILITY- An order described in paragraph (1)(B) shall be consistent with any congressional authorization for any affected Federal facility relating to the Central Valley Project.CommentsClose CommentsPermalink
‘(n) Project Implementation- Any project to implement this part shall be phased such that each project shall include--CommentsClose CommentsPermalink
‘(1) the project purpose and need;CommentsClose CommentsPermalink
‘(2) identification of mitigation measures;CommentsClose CommentsPermalink
‘(3) appropriate environmental review; andCommentsClose CommentsPermalink
‘(4) prior to releasing Restoration Flows under this part the completion of the any required mitigation measures and the completion of the project.’.CommentsClose CommentsPermalink
SEC. 535. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
Section 10005 of the San Joaquin River Restoration Settlement Act (
(1) in subsection (a), by striking ‘the Settlement authorized by this part’ and inserting ‘this part’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘(1) IN GENERAL- The Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink
(ii) by striking ‘the Settlement authorized by this part’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(B) by striking paragraph (2); andCommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘through the exercise of its eminent domain authority’; andCommentsClose CommentsPermalink
(ii) by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘section 10009(c)’ and inserting ‘section 10009’.CommentsClose CommentsPermalink
SEC. 536. COMPLIANCE WITH APPLICABLE LAW.
Section 10006 of the San Joaquin River Restoration Settlement Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘, unless otherwise provided by this part’ before the period at the end; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘, unless otherwise provided by this part’ before the period at the end;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (2), by striking ‘section 10004’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) by inserting ‘, including, without limitation, the costs of implementing subsections (d) and (h)(4) of section 10004,’ after ‘implementing this part’; andCommentsClose CommentsPermalink
(B) by striking ‘for implementation of the Settlement,’.CommentsClose CommentsPermalink
SEC. 537. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Section 10007 of the San Joaquin River Restoration Settlement Act (
(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘the Settlement’ and inserting ‘the enactment of this part’; andCommentsClose CommentsPermalink
(B) by inserting: ‘and the obligations of the Secretary and all other parties to protect and keep in good condition any fish that may be planted or exist below Friant Dam, including any obligations under section 5937 of the California Fish and Game Code and the public trust doctrine, and those of the Secretary and all other parties under the Endangered Species Act of 1973 (
(2) in paragraph (1), by striking ‘, as provided in the Settlement’.CommentsClose CommentsPermalink
SEC. 538. NO PRIVATE RIGHT OF ACTION.
Section 10008(a) of the San Joaquin River Restoration Settlement Act (
(1) by striking ‘not a party to the Settlement’; andCommentsClose CommentsPermalink
(2) by striking ‘or the Settlement’ and inserting ‘unless otherwise provided by this part, but any Central Valley Project long-term water service or repayment contractor within the Friant Division, Hidden unit, or Buchanan unit adversely affected by the failure of the Secretary to comply with section 10004(a)(3) may bring an action against the Secretary for injunctive relief, damages, or both.’.CommentsClose CommentsPermalink
SEC. 539. IMPLEMENTATION.
Section 10009 of the San Joaquin River Restoration Settlement Act (
(1) in the section heading, by striking ‘; settlement fund’;CommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘the Settlement’ the first place it appears and inserting ‘this part’;CommentsClose CommentsPermalink
(ii) by striking ‘, estimated to total’ and all that follows through ‘subsection (b)(1),’; andCommentsClose CommentsPermalink
(iii) by striking ‘; provided however,’ and all that follows through ‘$110,000,000 of State funds’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘(A) IN GENERAL- The Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (B); andCommentsClose CommentsPermalink
(C) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking ‘Except as provided in the Settlement, to’ and inserting ‘To’; andCommentsClose CommentsPermalink
(ii) by striking ‘this Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(3) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by striking ‘In addition’ and all that follows through ‘however, that the’ and inserting ‘The’;CommentsClose CommentsPermalink
(B) by striking ‘such additional appropriations only in amounts equal to’; andCommentsClose CommentsPermalink
(C) by striking ‘or the Settlement’;CommentsClose CommentsPermalink
(4) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by striking ‘the Settlement’ and inserting ‘this part’;CommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking ‘from the sale of water pursuant to the Settlement, or’; andCommentsClose CommentsPermalink
(iii) in subparagraph (D), by striking ‘the Settlement’ and inserting ‘this part’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘the Settlement and’; andCommentsClose CommentsPermalink
(5) by striking subsections (d) through (f).CommentsClose CommentsPermalink
SEC. 540. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.
Section 10010 of the San Joaquin River Restoration Settlement Act (
(1) in paragraphs (3)(D) and (4)(C) of subsection (a), by striking ‘the Settlement and’ each place it appears;CommentsClose CommentsPermalink
(2) in subsection (c), by striking paragraph (3);CommentsClose CommentsPermalink
(3) in subsection (d)(1), by striking ‘the Settlement’ each place it appears and inserting ‘this part’; andCommentsClose CommentsPermalink
(4) in subsection (e)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement’ and inserting ‘Restoration Flows, pursuant to this part’;CommentsClose CommentsPermalink
(ii) by striking ‘Interim Flows or’ before ‘Restoration Flows’; andCommentsClose CommentsPermalink
(iii) by striking ‘the Interim Flows or Restoration Flows or is intended to otherwise facilitate the Water Management Goal, as described in the Settlement’ and inserting ‘Restoration Flows’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘except as provided in paragraph 16(b) of the Settlement’; andCommentsClose CommentsPermalink
(ii) by striking ‘the Interim Flows or Restoration Flows or to facilitate the Water Management Goal’ and inserting ‘Restoration Flows’.CommentsClose CommentsPermalink
SEC. 541. REPEAL.
Section 10011 of the San Joaquin River Restoration Settlement Act (
SEC. 542. WATER SUPPLY MITIGATION.
Section 10202(b) of the San Joaquin River Restoration Settlement Act (
(1) in paragraph (1), by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’; andCommentsClose CommentsPermalink
(3) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘meet the Restoration Goal as described in part I of this subtitle’ and inserting ‘recover Restoration Flows as described in this part’; andCommentsClose CommentsPermalink
(B) in subparagraph (C)--CommentsClose CommentsPermalink
(i) by striking ‘the Interim or Restoration Flows authorized in part I of this subtitle’ and inserting ‘Restoration Flows authorized in this part’; andCommentsClose CommentsPermalink
(ii) by striking ‘, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10004(a)(5)’.CommentsClose CommentsPermalink
SEC. 543. ADDITIONAL AUTHORITIES.
Section 10203 of the San Joaquin River Restoration Settlement Act (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking ‘section 10004(a)(4)’ and inserting ‘section 10004(a)(3)’; andCommentsClose CommentsPermalink
(B) by striking ‘, provided’ and all that follows through ‘section 10009(f)(2)’; andCommentsClose CommentsPermalink
(2) by striking subsection (c).CommentsClose CommentsPermalink
Subtitle C--Repayment Contracts and Acceleration of Repayment of Construction CostsCommentsClose CommentsPermalink
Subtitle C--Repayment Contracts and Acceleration of Repayment of Construction CostsCommentsClose CommentsPermalink
SEC. 551. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.
(a) Conversion of Contracts-CommentsClose CommentsPermalink
(1) CERTAIN CONTRACTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date enactment of this Act, the Secretary of the Interior, on the request of a contractor, shall convert all existing long-term Central Valley Project contracts entered into under section 9(e) of the Act of August 4, 1939 (53 Stat. 1196, chapter 418), to a contract under section 9(d) of that Act (53 Stat. 1195), under mutually agreeable terms and conditions.CommentsClose CommentsPermalink
(B) RESTRICTIONS- A contract converted under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) require the repayment, either in lump sum or by accelerated prepayment, of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Irrigation Capital Allocations by Contractor, as adjusted to reflect payments not reflected in that schedule and properly assignable for ultimate return by the contractor, not later than January 31, 2013 (or if made in approximately equal annual installments, not later than January 31, 2016), which amount shall be discounted by the Treasury rate (defined as the 20-year Constant Maturity Treasury rate published by the Department of the Treasury as of October 1, 2012);CommentsClose CommentsPermalink
(ii) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the converted contract or not reflected in the schedule described in clause (i) and properly assignable to that contractor, shall be repaid--CommentsClose CommentsPermalink
(I) in not more than 5 years after the date on which the contractor is notified of the allocation if that amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000; orCommentsClose CommentsPermalink
(II) if the allocation of capital costs described in subclause (I) equal $5,000,000 or more, as provided by applicable reclamation law, subject to the condition that the reference to the amount of $5,000,000 shall not be a precedent in any other context; andCommentsClose CommentsPermalink
(iii) provide that power revenues will not be available to aid in the repayment of construction costs allocated to irrigation under the contract.CommentsClose CommentsPermalink
(C) ESTIMATE- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall provide to each contractor an estimate of the remaining amount of construction costs under subparagraph (B)(i) as of January 31, 2013, as adjusted.CommentsClose CommentsPermalink
(2) OTHER CONTRACTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, on the request of a contractor, the Secretary may convert any Central Valley Project long-term contract entered into under section 9(c)(2) of the Act of August 4, 1939 (chapter 418; 53 Stat. 1194) to a contract under section 9(c)(1) of that Act, under mutually agreeable terms and conditions.CommentsClose CommentsPermalink
(B) RESTRICTIONS- A contract converted under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Municipal and Industrial Water Rates, as adjusted to reflect payments not reflected in that schedule and properly assignable for ultimate return by the contractor, not later than January 31, 2016; andCommentsClose CommentsPermalink
(ii) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the Schedule described in clause (i), and properly assignable to that contractor, shall be repaid--CommentsClose CommentsPermalink
(I) in not more than 5 years after the date on which the contractor is notified of the allocation if the amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000; orCommentsClose CommentsPermalink
(II) if the allocation of capital costs described in subclause (I) equal $5,000,000 or more, as provided by applicable reclamation law, subject to the condition that the reference to the amount of $5,000,000 shall not be a precedent in any other context.CommentsClose CommentsPermalink
(C) ESTIMATE- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall provide to each contractor an estimate of the remaining amount of construction costs under subparagraph (B)(i) as of January 31, 2016, as adjusted.CommentsClose CommentsPermalink
(b) Final Adjustment-CommentsClose CommentsPermalink
(1) IN GENERAL- The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary of the Interior on completion of the construction of the Central Valley Project.CommentsClose CommentsPermalink
(2) REPAYMENT OBLIGATION-CommentsClose CommentsPermalink
(A) IN GENERAL- If the final cost allocation indicates that the costs properly assignable to the contractor are greater than the amount that has been paid by the contractor, the contractor shall pay the remaining allocated costs.CommentsClose CommentsPermalink
(B) TERMS- The term of an additional repayment contract described in subparagraph (A) shall be--CommentsClose CommentsPermalink
(i) for not less than 1 year and not more than 10 years; andCommentsClose CommentsPermalink
(ii) based on mutually agreeable provisions regarding the rate of repayment of the amount developed by the parties.CommentsClose CommentsPermalink
(3) CREDITS- If the final cost allocation indicates that the costs properly assignable to the contractor are less than the amount that the contractor has paid, the Secretary of the Interior shall credit the amount of the overpayment as an offset against any outstanding or future obligation of the contractor.CommentsClose CommentsPermalink
(c) Applicability of Certain Provisions-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any repayment obligation under subsection (a)(1)(B)(ii) or subsection (b), on the compliance of a contractor with and discharge of the obligation of repayment of the construction costs under that subsection, the ownership and full-cost pricing limitations of any provision of the reclamation laws shall not apply to land in that district.CommentsClose CommentsPermalink
(2) OTHER CONTRACTS- Notwithstanding any repayment obligation under paragraph (1)(B)(ii) or (2)(B)(ii) of subsection (a) or subsection (b), on the compliance of a contractor with and discharge of the obligation of repayment of the construction costs under that subsection, the contractor shall continue to pay applicable operation and maintenance costs and other charges applicable to the repayment contracts pursuant to then-current rate-setting policy and applicable law.CommentsClose CommentsPermalink
(d) Certain Repayment Obligations Not Altered- This section does not--CommentsClose CommentsPermalink
(1) alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central Valley Project; orCommentsClose CommentsPermalink
(2) shift any costs that would otherwise have been properly assignable to a contractor absent this section, including operations and maintenance costs, construction costs, or other capitalized costs incurred after the date of enactment of this Act, to other contractors.CommentsClose CommentsPermalink
(e) Statutory Interpretation- Nothing in this subtitle affects the right of any long-term contractor to use a particular type of financing to make the payments required in paragraph (1)(B)(i) or (2)(B)(i) of subsection (a).CommentsClose CommentsPermalink
Subtitle D--Bay-Delta Watershed Water Rights Preservation and ProtectionCommentsClose CommentsPermalink
Subtitle D--Bay-Delta Watershed Water Rights Preservation and ProtectionCommentsClose CommentsPermalink
SEC. 561. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.
Notwithstanding the provisions of this title, Federal reclamation law, or the Endangered Species Act of 1973 (
(1) the Secretary of the Interior shall, in the operation of the Central Valley Project--CommentsClose CommentsPermalink
(A) strictly adhere to State water rights law governing water rights priorities by honoring water rights senior to those belonging to the Central Valley Project, regardless of the source of priority; andCommentsClose CommentsPermalink
(B) strictly adhere to and honor water rights and other priorities that are obtained or exist pursuant to the California Water Code, including sections 10505, 10505:5, 11128, 11460, 11463, and 12220; andCommentsClose CommentsPermalink
(2) any action that affects the diversion of water or involves the release of water from any Central Valley Project water storage facility taken by the Secretary of the Interior or the Secretary of Commerce to conserve, enhance, recover, or otherwise protect any species listed under the Endangered Species Act of 1973 (
SEC. 562. SACRAMENTO RIVER SETTLEMENT CONTRACTS.
(a) In General- In carrying out the Endangered Species Act of 1973 (
(b) Applicability- Article 3(i) of the Sacramento River Settlement Contracts shall not be used by the Secretary of the Interior or any other Federal agency head as means to provide shortages that are different from those provided for in Article 5(a) of the Sacramento River Settlement Contracts.CommentsClose CommentsPermalink
SEC. 563. SACRAMENTO RIVER WATERSHED WATER SERVICE CONTRACTORS.
(a) Existing Central Valley Project Agricultural Water Service Contractors Within Sacramento River Watershed- In this section, the term ‘existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed’ means water service contractors within the Shasta, Trinity, and Sacramento River Divisions of the Central Valley Project that have a water service contract in effect on the date of enactment of this Act that provides water for irrigation.CommentsClose CommentsPermalink
(b) Allocation of Water- Subject to subsection (c) and the absolute priority of the Sacramento River Settlement Contractors to Sacramento River supplies over Central Valley Project diversions and deliveries to other contractors, the Secretary of the Interior shall, in the operation of the Central Valley Project, allocate water provided for irrigation purposes to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed as follows:CommentsClose CommentsPermalink
(1) Not less than 100 percent of the contract quantities in a ‘Wet’ year (as that term is defined in the Sacramento Valley Water Year Type (40-30-30) Index).CommentsClose CommentsPermalink
(2) Not less than 100 percent of the contract quantities in an ‘Above Normal’ year (as that term is defined in the Sacramento Valley Water Year Type (40-30-30) Index).CommentsClose CommentsPermalink
(3) Not less than 100 percent of the contract quantities in a ‘Below Normal’ year (as that term is defined in the Sacramento Valley Water Year Type (40-30-30) Index).CommentsClose CommentsPermalink
(4) Not less than 75 percent of the contract quantities in a ‘Dry’ year (as that term is defined in the Sacramento Valley Water Year Type (40-30-30) Index).CommentsClose CommentsPermalink
(5) Not less than 50 percent of the contract quantities in a ‘Critically Dry’ year (as that term is defined in the Sacramento Valley Water Year Type (40-30-30) Index).CommentsClose CommentsPermalink
(c) Protection of Municipal and Industrial Supplies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies any provision of a water service contract that addresses municipal and industrial water shortage policies of the Secretary of the Interior;CommentsClose CommentsPermalink
(B) affects or limits the authority of the Secretary of the Interior--CommentsClose CommentsPermalink
(i) to adopt or modify municipal and industrial water shortage policies; orCommentsClose CommentsPermalink
(ii) to implement municipal and industrial water shortage policies; orCommentsClose CommentsPermalink
(C) affects allocations to Central Valley Project municipal and industrial contractors pursuant to the water shortage policies of the Secretary of the Interior.CommentsClose CommentsPermalink
(2) APPLICABILITY- This section does not constrain, govern, or affect, directly or indirectly, the operations of the American River Division of the Central Valley Project or any deliveries from that Division, including the units and facilities of that Division.CommentsClose CommentsPermalink
SEC. 564. NO REDIRECTED ADVERSE IMPACTS.
The Secretary of the Interior shall ensure that there are no redirected adverse water supply or fiscal impacts to the State Water Project or to individuals within the Sacramento River or San Joaquin River watershed arising from the operation of the Secretary of the Central Valley Project to meet legal obligations imposed by or through any Federal or State agency, including--CommentsClose CommentsPermalink
(1) the Endangered Species Act of 1973 (
(2) this title; andCommentsClose CommentsPermalink
(3) actions or activities implemented to meet the twin goals of improving water supply and addressing the environmental needs of the Bay-Delta.CommentsClose CommentsPermalink
Subtitle E--MiscellaneousCommentsClose CommentsPermalink
Subtitle E--MiscellaneousCommentsClose CommentsPermalink
SEC. 571. PRECEDENT.
Congress finds that--CommentsClose CommentsPermalink
(1) coordinated operations between the Central Valley Project and the State Water Project, as consented to and requested by the State of California and the Federal Government, require the assertion of Federal supremacy to protect existing water rights throughout the system, a circumstance that is unique to the State of California; andCommentsClose CommentsPermalink
(2) this title should not serve as precedent for similar operations in any other State.CommentsClose CommentsPermalink
TITLE VI--REDUCING REGULATORY BURDENSCommentsClose CommentsPermalink
TITLE VI--REDUCING REGULATORY BURDENSCommentsClose CommentsPermalink
SEC. 601. SHORT TITLE.
This title may be cited as the ‘Reducing Regulatory Burdens Act of 2012’.CommentsClose CommentsPermalink
SEC. 602. USE OF AUTHORIZED PESTICIDES.
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (
‘(5) USE OF AUTHORIZED PESTICIDES- Except as provided in section 402(s) of the Federal Water Pollution Control Act (
33 U.S.C. 1342(s) ), the Administrator or a State may not require a permit under that Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of the pesticide, resulting from the application of the pesticide.’.CommentsClose CommentsPermalink
SEC. 603. DISCHARGES OF PESTICIDES.
Section 402 of the Federal Water Pollution Control Act (
‘(s) Discharges of Pesticides-CommentsClose CommentsPermalink
‘(1) NO PERMIT REQUIREMENT- Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (
7 U.S.C. 136 et seq.), or the residue of the pesticide, resulting from the application of the pesticide.CommentsClose CommentsPermalink‘(2) EXCEPTIONS- Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:CommentsClose CommentsPermalink
‘(A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act (
7 U.S.C. 136 et seq.) that is relevant to protecting water quality, if--CommentsClose CommentsPermalink
‘(i) the discharge would not have occurred but for the violation; orCommentsClose CommentsPermalink
‘(ii) the quantity of a pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.CommentsClose CommentsPermalink
‘(B) Stormwater discharges subject to regulation under subsection (p).CommentsClose CommentsPermalink
‘(C) The following discharges subject to regulation under this section:CommentsClose CommentsPermalink
‘(i) Manufacturing or industrial effluent.CommentsClose CommentsPermalink
‘(ii) Treatment works effluent.CommentsClose CommentsPermalink
‘(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.’.CommentsClose CommentsPermalink
TITLE VII--FARM DUST REGULATION PREVENTIONCommentsClose CommentsPermalink
TITLE VII--FARM DUST REGULATION PREVENTIONCommentsClose CommentsPermalink
SEC. 701. SHORT TITLE.
This title may be cited as the ‘Farm Dust Regulation Prevention Act of 2012’.CommentsClose CommentsPermalink
SEC. 702. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL AMBIENT AIR QUALITY STANDARD APPLICABLE TO COARSE PARTICULATE MATTER.
Before the date that is 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this title as the ‘Administrator’) may not propose, finalize, implement, or enforce any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under section 109 of the Clean Air Act (
SEC. 703. NUISANCE DUST.
Part A of title I of the Clean Air Act (
‘SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND LOCAL GOVERNMENTS.
‘(a) Definition of Nuisance Dust- In this section:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘nuisance dust’ means particulate matter that--CommentsClose CommentsPermalink
‘(A) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas;CommentsClose CommentsPermalink
‘(B) consists primarily of soil, other natural or biological materials, or some combination of those materials;CommentsClose CommentsPermalink
‘(C) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; andCommentsClose CommentsPermalink
‘(D) is not comprised of residuals from the combustion of coal.CommentsClose CommentsPermalink
‘(2) EXCLUSION- The term ‘nuisance dust’ does not include radioactive particulate matter produced from uranium mining or processing.CommentsClose CommentsPermalink
‘(b) Applicability- Except as provided in subsection (c), this Act does not apply to, and references in this Act to particulate matter are deemed to exclude, nuisance dust.CommentsClose CommentsPermalink
‘(c) Exception- Subsection (a) does not apply with respect to any geographical area in which nuisance dust is not regulated under State, tribal, or local law insofar as the Administrator, in consultation with the Secretary of Agriculture, finds that--CommentsClose CommentsPermalink
‘(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; andCommentsClose CommentsPermalink
‘(2) the benefits of applying standards and other requirements of this Act to nuisance dust (or a subcategory of nuisance dust) outweigh the costs (including local and regional economic and employment impacts) of applying those standards and other requirements to nuisance dust (or a subcategory).’.CommentsClose CommentsPermalink
SEC. 704. SENSE OF CONGRESS.
It is the sense of Congress that the Administrator should implement an approach to excluding so-called ‘exceptional events’, or events that are not reasonably controllable or preventable, from determinations of whether an area is in compliance with any national ambient air quality standard applicable to coarse particulate matter that--CommentsClose CommentsPermalink
(1) maximizes transparency and predictability for States, Indian tribes, and local governments; andCommentsClose CommentsPermalink
(2) minimizes the regulatory and cost burdens States, Indian tribes, and local governments bear in excluding those events.CommentsClose CommentsPermalink
SEC. 705. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY IN AGRICULTURE COMMUNITY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COVERED ACTION- The term ‘covered action’ means any of the following actions taken by the Administrator under the Clean Air Act (
(A) Promulgating or issuing a regulation, policy statement, guidance, response to a petition, or other requirement.CommentsClose CommentsPermalink
(B) Implementing a new or substantially altered program.CommentsClose CommentsPermalink
(2) MORE THAN A DE MINIMIS NEGATIVE IMPACT- The term ‘more than a de minimis negative impact’ means--CommentsClose CommentsPermalink
(A) with respect to employment levels, a loss of more than 100 jobs relating to the agriculture industry, as calculated by excluding consideration of any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment; andCommentsClose CommentsPermalink
(B) with respect to economic activity, a decrease in agricultural economic activity of more than $1,000,000 over any calendar year, as calculated by excluding consideration of any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment.CommentsClose CommentsPermalink
(b) Analysis of Impacts of Actions on Employment and Economic Activity in the Agriculture Community-CommentsClose CommentsPermalink
(1) ANALYSIS- Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on--CommentsClose CommentsPermalink
(A) employment levels in the agriculture industry; andCommentsClose CommentsPermalink
(B) agricultural economic activity, including estimated job losses and decreased economic activity relating to agriculture.CommentsClose CommentsPermalink
(2) ECONOMIC MODELS-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out paragraph (1), the Administrator shall use the best available economic models.CommentsClose CommentsPermalink
(B) ANNUAL GAO REPORT- Not later than December 31 of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection.CommentsClose CommentsPermalink
(3) AVAILABILITY OF INFORMATION- With respect to any covered action, the Administrator shall--CommentsClose CommentsPermalink
(A) post the analysis under paragraph (1) as a link on the main page of the public Internet website of the Environmental Protection Agency;CommentsClose CommentsPermalink
(B) request the Secretary of Agriculture to post the analysis under paragraph (1) as a link on the main page of the public Internet website of the Department of Agriculture; andCommentsClose CommentsPermalink
(C) request that the Governor of any State experiencing more than a de minimis negative impact post the analysis on the main page of the public Interest website of the State.CommentsClose CommentsPermalink
(c) Public Hearings-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days before the effective date of the covered action.CommentsClose CommentsPermalink
(2) TIME, LOCATION, AND SELECTION- A public hearing required under paragraph (1) shall be held at--CommentsClose CommentsPermalink
(A) a convenient time and location for impacted residents; andCommentsClose CommentsPermalink
(B) at such location selected by the Administrator as shall give priority to locations in the State that will experience the greatest number of job losses.CommentsClose CommentsPermalink
(d) Notification- If the Administrator concludes under subsection (b)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in any State, the Administrator shall give notice of the impact to the congressional delegation, Governor, and legislature of the State at least 45 days before the effective date of the covered action.CommentsClose CommentsPermalink
TITLE VIII--ENERGY TAX PREVENTIONCommentsClose CommentsPermalink
TITLE VIII--ENERGY TAX PREVENTIONCommentsClose CommentsPermalink
SEC. 801. SHORT TITLE.
This title may be cited as the ‘Energy Tax Prevention Act of 2012’.CommentsClose CommentsPermalink
SEC. 802. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (
‘SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
‘(a) Definition- In this section, the term ‘greenhouse gas’ means any of the following:CommentsClose CommentsPermalink
‘(1) Water vapor.CommentsClose CommentsPermalink
‘(2) Carbon dioxide.CommentsClose CommentsPermalink
‘(3) Methane.CommentsClose CommentsPermalink
‘(4) Nitrous oxide.CommentsClose CommentsPermalink
‘(5) Sulfur hexafluoride.CommentsClose CommentsPermalink
‘(6) Hydrofluorocarbons.CommentsClose CommentsPermalink
‘(7) Perfluorocarbons.CommentsClose CommentsPermalink
‘(8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.CommentsClose CommentsPermalink
‘(b) Limitation on Agency Action-CommentsClose CommentsPermalink
‘(1) LIMITATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(B) AIR POLLUTANT DEFINITION- The definition of the term ‘air pollutant’ in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change.CommentsClose CommentsPermalink
‘(2) EXCEPTIONS- Paragraph (1) does not prohibit the following:CommentsClose CommentsPermalink
‘(A) Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled ‘Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards’ (75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled ‘Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles’ published at 75 Fed. Reg. 74152 (November 30, 2010).CommentsClose CommentsPermalink
‘(B) Implementation and enforcement of section 211(o).CommentsClose CommentsPermalink
‘(C) Statutorily authorized Federal research, development, and demonstration programs addressing climate change.CommentsClose CommentsPermalink
‘(D) Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I or class II substances (as such terms are defined in section 601).CommentsClose CommentsPermalink
‘(E) Implementation and enforcement of section 821 (
42 U.S.C. 7651k note) ofPublic Law 101-549 (commonly referred to as the ‘Clean Air Act Amendments of 1990’).CommentsClose CommentsPermalink‘(3) INAPPLICABILITY OF PROVISIONS- Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to air permits).CommentsClose CommentsPermalink
‘(4) CERTAIN PRIOR AGENCY ACTIONS- The following rules, and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect:CommentsClose CommentsPermalink
‘(A) ‘Mandatory Reporting of Greenhouse Gases’, published at 74 Fed. Reg. 56260 (October 30, 2009).CommentsClose CommentsPermalink
‘(B) ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases under section 202(a) of the Clean Air Act’ published at 74 Fed. Reg. 66496 (Dec. 15, 2009).CommentsClose CommentsPermalink
‘(C) ‘Reconsideration of the Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs’ published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning ‘EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program’ (Dec. 18, 2008).CommentsClose CommentsPermalink
‘(D) ‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule’, published at 75 Fed. Reg. 31514 (June 3, 2010).CommentsClose CommentsPermalink
‘(E) ‘Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call’, published at 75 Fed. Reg. 77698 (December 13, 2010).CommentsClose CommentsPermalink
‘(F) ‘Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure to Submit State Implementation Plan Revisions Required for Greenhouse Gases’, published at 75 Fed. Reg. 81874 (December 29, 2010).CommentsClose CommentsPermalink
‘(G) ‘Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan’, published at 75 Fed. Reg. 82246 (December 30, 2010).CommentsClose CommentsPermalink
‘(H) ‘Action To Ensure Authority To Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule’, published at 75 Fed. Reg. 82254 (December 30, 2010).CommentsClose CommentsPermalink
‘(I) ‘Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program’, published at 75 Fed. Reg. 82430 (December 30, 2010).CommentsClose CommentsPermalink
‘(J) ‘Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans; Final Rule’, published at 75 Fed. Reg. 82536 (December 30, 2010).CommentsClose CommentsPermalink
‘(K) ‘Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule’, published at 75 Fed. Reg. 82365 (December 30, 2010).CommentsClose CommentsPermalink
‘(L) Except for action listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(5) STATE ACTION-CommentsClose CommentsPermalink
‘(A) NO LIMITATION- This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas.CommentsClose CommentsPermalink
‘(B) EXCEPTION-CommentsClose CommentsPermalink
‘(i) RULE- Notwithstanding subparagraph (A), any provision described in clause (ii)--CommentsClose CommentsPermalink
‘(I) is not federally enforceable;CommentsClose CommentsPermalink
‘(II) is not deemed to be a part of Federal law; andCommentsClose CommentsPermalink
‘(III) is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable.CommentsClose CommentsPermalink
‘(ii) PROVISIONS DEFINED- For purposes of clause (i), the term ‘provision’ means any provision that--CommentsClose CommentsPermalink
‘(I) is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; orCommentsClose CommentsPermalink
‘(II) is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(C) ACTION BY ADMINISTRATOR- The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).’.CommentsClose CommentsPermalink
SEC. 803. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
Section 209(b) of the Clean Air Act (
‘(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year for new motor vehicles and new motor vehicle engines--CommentsClose CommentsPermalink
‘(A) the Administrator may not waive application of subsection (a); andCommentsClose CommentsPermalink
‘(B) no waiver granted prior to the date of enactment of this paragraph may be considered to waive the application of subsection (a).’.CommentsClose CommentsPermalink
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