Page:United States Statutes at Large Volume 106 Part 6.djvu/156

This page needs to be proofread.

106 STAT. 4714 PUBLIC LAW 102-575—OCT. 30, 1992 San Joaquin Valley Drainage I'rogram, entitled A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley (September 1990). (f) INCREASED REVENUES. —A ll revenues received by the Secretary as a result of the increased repayment rates applicable to water transferred from irrigation use to municipal and industrial use under subsection 3405(a) of this section, and £dl increased revenues received by the Secretary as a result of the increased water prices established under subsection 3405(d) of this section, shall be covered to the Restoration Fund. SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION. (a) AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZA- TIONS.— Act of August 26, 1937. —Section 2 of the Act of August 26, 1937 (chapter 832; 50 Stat. 850), as amended, is amended— (1) in the second proviso of subsection (a), by inserting "and mitigation, protection, and restoration of fish and wildlife after "Indian reservations,"; (2) in the last proviso of subsection (a), by striking "domestic uses;" and inserting "domestic uses and fish and wildlife mitigation, protection and restoration purposes;" and by striking "powei^ and inserting "power and fish and wildlife enhancement"; (3) by adding at the end the following: "The mitigation for fish and wildlife losses incurred as a result of construction, operation, or maintenance of the Central Valley Project shall be based on the replacement of ecologically equivalent habitat and shall take place in accordance with the provisions of this title and concurrent with any future actions which adversely affect fish and wildlife populations or their habitat but shall have no priority over them."; and (4) by adding at the end the following: "(e) Nothing in this title shall affect the State's authority to condition water rights permits for the Central Valley Project." California. (b) FiSH AND WILDLIFE RESTORATION ACTIVITIES.— The Secretary, immediately upon the enactment of this title, shall operate the Central Valley Project to meet all obligations under State and Federal law, including but not limited to the Federal Endangered Species Act, 16 U.S.C. 1531, et seq., and all decisions of the California State Water Resources Control Board establishing conditions on applicable licenses and permits for the project. The Secretary, in consultation with other State and Federal agencies, Indian tribes, and affected interests, is further authorized and directed to: (1) develop within three years of enactment and implement a program which makes all reasonable efforts to ensure that, by the year 2002, natural production of anadromous fish in Central Valley rivers and streams will be sustainable, on a long-term basis, at levels not less than twice the average levels attained during the period of 1967-1991; Provided, That this goal shall not apply to the San Joaquin River between Friant Dam and the Mendota Pool, for which a separate program is authorized under subsection 3406(c) of this title; Provided further. That the programs and activities authorized by this section shall, when fully implemented, be deemed to meet the mitigation, protection, restoration, and enhancement purposes established by subsection 3406(a) of this title; And provided further, That in the course of developing and implementing