123STA T . 13 5 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theEnda n g e r ed Sp e ci e sA ct of1973( 1 6U. S. C . 1 5 31 et se q . ) asares ul tofthe I nteri mF lo w s. ( 2 )C ONDIT ION SF O R R EL E A SE. —T he Secretar y is authori z ed to release Interim Flows to the e x tent that such flows would not— (A) impede or delay completion of the measures speci - fied in P aragraph 11(a) of the Settlement
or ( B ) exceed existing downstream channel capacities. (3) SEE P A G EI M PA C TS.—The Secretary shall reduce Interim Flows to the extent necessary to address any material ad v erse impacts to third parties from groundwater seepage caused b y such flows that the Secretary identifies based on the monitoring program of the Secretary. ( 4 ) TEMPORAR Y FIS HB ARRIER PROGRAM.—The Secretary , in consultation with the California D epartment of Fish and G ame, shall evaluate the effectiveness of the H ills Ferry barrier in preventing the unintended upstream migration of anad- romous fish in the San J oaquin R iver and any false migratory pathways. If that evaluation determines that any such migra- tion past the barrier is caused by the introduction of the Interim Flows and that the presence of such fish will result in the imposition of additional regulatory actions against third parties, the Secretary is authorized to assist the Department of Fish and Game in ma k ing improvements to the barrier. From funding made available in accordance with section 1 0 009, if third parties along the San Joaquin River south of its confluence with the M erced River are required to install fish screens or fish bypass facilities due to the release of Interim Flows in order to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall bear the costs of the installation of such screens or facilities if such costs would be borne by the Federal Government under section 10009(a)(3), except to the extent that such costs are already or are further willingly borne by the State of California or by the third parties. (i) F U NDING A V AILABILITY.— (1) IN GENERAL.—Funds shall be collected in the San Joa- quin River Restoration Fund through O ctober 1, 2019, and thereafter, with substantial amounts available through October 1, 2019, pursuant to section 10009 for implementation of the Settlement and parts I and III, including— (A) $8 8,000,000, to be available without further appro- priation pursuant to section 10009(c)(2); (B) additional amounts authorized to be appropriated, including the charges required under section 10007 and an estimated $20,000,000 from the C V P Restoration Fund pursuant to section 10009(b)(2); and (C) an aggregate commitment of at least $200,000,000 by the State of California. (2) ADDITIONAL AMOUNTS.—Substantial additional amounts from the San Joaquin River Restoration Fund shall become available without further appropriation after October 1, 2019, pursuant to section 10009(c)(2). (3) EFFECT OF SUBSECTION.— N othing in this subsection limits the availability of funds authorized for appropriation pursuant to section 10009(b) or 10203(c). Deadlin e .Ev al u a t i o n.
