123STA T . 13 5 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9isauthor i zed a n d dire c ted to enter into a p propriate a g ree m ents , inc l uding cost - sharing agreements, w ith the S tate o fC alifornia .(2)OTHERAG REE M E N T S . —T he Secretar y is authorized to enter into contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements with State, tri b al, and local go v ern- mental agencies, and with private parties, including agreements related to construction, improvement, and operation and maintenance of facilities, sub j ect to any terms and conditions that the Secretary deems necessary to achieve the purposes of the Settlement. (c) AC CE P TANCE AN DEX PEND I T U RE OFN ON- F EDERA L FUNDS.— The Secretary is authorized to accept and e x pend non-Federal funds in order to facilitate implementation of the Settlement. (d) M ITIGATION OF I MPACTS.— P rior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement the Settlement, the Secretary shall identify— ( 1 ) the impacts associated with such actions
and (2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users and land- owners. (e) D ESIGN AND ENGINEERING STUDIES.—The Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement. (f) EFFECT ON CONTRACT W ATER ALLOCATIONS.—Except as otherwise provided in this section, the implementation of the Settle- ment and the reintroduction of California Central V alley Spring R un Chinoo k salmon pursuant to the Settlement and section 1 0 011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, other than Friant Division long-term contractors. (g) EFFECT ON EXISTING WATER CONTRACTS.—Except as pro- vided in the Settlement and this part, nothing in this part shall modify or amend the rights and obligations of the parties to any existing water service, repayment, purchase, or exchange contract. (h) INTERIM FLO W S.— (1) STUD Y RE Q UIRED.—Prior to releasing any Interim Flows under the Settlement, the Secretary shall prepare an analysis in compliance with the National Environmental Policy Act of 1 96 9( 4 2 U .S.C. 4 3 21etse q .), including at a minimum— (A) an analysis of channel conveyance capacities and potential for levee or groundwater seepage; ( B ) a description of the associated seepage monitoring program; (C) an evaluation of— (i) possible impacts associated with the release of Interim Flows; and (ii) mitigation measures for those impacts that are determined to be significant; (D) a description of the associated flow monitoring program; and (E) an analysis of the likely Federal costs, if any, of any fish screens, fish bypass facilities, fish salvage facili- ties, and related operations on the San J oaquin River south of the confluence with the Merced River required under Analysi s .
