123STA T . 13 57PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Authoriza tio n an d Ad j u s t me ntA c to f19 9 2(P u bl ic L a w 1 0 2 –57 5
10 6S tat .4 721 , 4727 ) and p a y ments made pursuant to para g raph 16(b)( 3 ) of the Settlement and subsection (c)(1)( B ) shall be the limitation of such entities ’ direct financial contribution to the Settle - ment, subject to the terms and conditions of paragraph 21 of the Settlement. (e) NO A D D IT IO NALEXPE NDIT UR E SR E Q UIRED. — Nothing in this part shall be construed to re q uire a F ederal official to e x pend Federal funds not appropriated by C ongress, or to see k the appro- priation of additional funds by Congress, for the implementation of the Settlement. (f) REA CH 4B.— (1) STUD Y .— (A) I N G ENERAL.—In accordance with the Settlement and the memorandum of understanding executed pursuant to paragraph 6 of the Settlement, the Secretary shall con- duct a study that specifies— (i) the costs of undertaking any work required under paragraph 11(a)(3) of the Settlement to increase the capacity of reach 4B prior to reinitiation of Restora- tion Flows; (ii) the impacts associated with reinitiation of such flows; and (iii) measures that shall be implemented to miti- gate impacts. (B) D EADLINE.— T he study under subparagraph (A) shall be completed prior to restoration of any flows other than Interim Flows. (2) REPORT.— (A) IN GENERAL.—The Secretary shall file a report with Congress not later than 90 days after issuing a deter- mination, as required by the Settlement, on whether to expand channel con v eyance capacity to 4500 cubic feet per second in reach 4B of the San J oaquin River, or use an alternative route for pulse flows, that— (i) explains whether the Secretary has decided to expand Reach 4B capacity to 4500 cubic feet per second; and (ii) addresses the following matters
(I) The basis for the Secretary’s determination, whether set out in environmental review docu- ments or otherwise, as to whether the expansion of Reach 4B would be the preferable means to achieve the Restoration G oal as provided in the Settlement, including how different factors were assessed such as comparative biological and habitat benefits, comparative costs, relative avail- ability of State cost-sharing funds, and the comparative benefits and impacts on water temperature, water supply, private property, and local and downstream flood control. (II) The Secretary’s final cost estimate for expanding Reach 4B capacity to 4500 cubic feet per second, or any alternative route selected, as well as the alternative cost estimates provided by the State, by the Restoration Administrator, and by the other parties to the Settlement.
