Page:United States Statutes at Large Volume 123.djvu/1382

123STA T . 13 6 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9daysbefor e c o m me n cemen t ofanys u c h transfer or e x chan g e for a p er i od in excess of 1 year , and not l ater than 30 days before commencement of any proposed transfer or exchange w ith duration of less than 1 year, written notice to the S ecretary stating how the proposed transfer or exchange is intended to reduce, a v oid, or mitigate impacts to water deliveries caused by the I nterim F lows or R estoration Flows or is intended to otherwise facilitate the W ater M anagement G oal, as described in the Settlement .T he Secretary shall promptly ma k e such notice publicly available. (2)DET E RMINA TI O NO F RE DUC TION S TO W ATER DE L I V- ERIES. — Water transferred or exchanged under an agreement that meets the terms of this subsection shall not be counted as a replacement or an offset for purposes of determining reduc- tions to water deliveries to any Friant Division long-term con- tractor except as provided in paragraph 1 6 (b) of the Settlement. The Secretary shall, at least annually, make publicly available a compilation of the number of transfer or exchange agreements exercising the provisions of this subsection to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or to facilitate the Water Manage- ment Goal, as well as the volume of water transferred or exchanged under such agreements. (3) STATE LAW.— N othing in this subsection alters State law or permit conditions, including any applicable geographical restrictions on the place of use of water transferred or exchanged pursuant to this subsection. (f) C ERTAIN RE P A Y MENT OB LI G ATIONS NOT A LTERED.— Implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central V alley P ro j ect, or shift any costs that would otherwise have been properly assignable to the Friant contractors absent this section, including operations and maintenance costs, construction costs, or other capitali z ed costs incurred after the date of enactment of this Act, to other such contractors. (g) STATUTORY INTERPRETATION.—Nothing in this part shall be construed to affect the right of any Friant Division, H idden U nit, or B uchanan Unit long-term contractor to use a particular type of financing to make the payments re q uired in paragraph (3)(A) or ( 4 )(A) of subsection (a). SEC.10 011. C ALIFORN IA CEN T RAL V ALLE Y S P RIN G R U NC H INOO K SAL M ON. (a) FINDING.—Congress finds that the implementation of the Settlement to resolve 1 8 years of contentious litigation regarding restoration of the San J oaquin River and the reintroduction of the California Central Valley Spring Run Chinook salmon is a unique and unprecedented circumstance that requires clear expres- sions of Congressional intent regarding how the provisions of the E ndangered Species Act of 1 97 3 (16 U.S.C. 1 5 31 et seq.) are utilized to achieve the goals of restoration of the San Joaquin River and the successful reintroduction of California Central Valley Spring Run Chinook salmon. (b) REINTRODUCTION IN T H E SAN JOA Q UIN RIVER.—California Central Valley Spring Run Chinook salmon shall be reintroduced in the San Joaquin River below Friant Dam pursuant to section Deadlin e .Pub li c in form a t ion. Public information.