Page:United States Statutes at Large Volume 123.djvu/1383

 123STA T . 13 6 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 910(j) of theEnda n g e r ed Sp e ci e sA ctof1 973 (1 6U. S. C . 1 5 39(j)) and the Sett l e m ent , pro v ided that the Secretar y of Commerce finds that a permit for the reintrod u ction of California Central V alley Spring R un Chinoo k salmon may b e issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)). (c) FINAL R U L E . — (1) D E F INI T I O NOFT H I RDP ART Y .—For the purpose of this subsection, the term ‘ ‘third party ’ ’ means persons or entities diverting or receiving w ater pursuant to applicable State and Federal laws and shall include Central Valley P roject contrac - tors outside of the Friant Division of the Central Valley Project and the State W ater Project. ( 2 ) IS SUAN C E.— T he Secretary of Commerce shall issue a final rule pursuant to section 4 (d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take of reintroduced California Central Valley Spring Run Chinook salmon prior to the reintroduction. (3) RE Q UIRED CO M PONENTS.—The rule issued under para- graph (2) shall provide that the reintroduction will not impose more than de minimus water supply reductions, additional storage releases, or bypass flows on unwilling third parties due to such reintroduction. (4) APPLICA B LE LA W .— N othing in this section— (A) diminishes the statutory or regulatory protections provided in the Endangered Species Act of 1973 for any species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) other than the reintro- duced population of California Central Valley Spring Run Chinook salmon, including protections pursuant to e x isting biological opinions or new biological opinions issued by the Secretary or Secretary of Commerce or ( B ) precludes the Secretary or Secretary of Commerce from imposing protections under the Endangered Species Act of 1973 (16 U.S.C. 1531 et se q .) for other species listed pursuant to section 4 of that Act (16 U.S.C. 1533) because those protections provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon. (d) REPORT.— (1) IN G ENERAL.—Not later than December 31, 2024, the Secretary of Commerce shall report to Congress on the progress made on the reintroduction set forth in this section and the Secretary’s plans for future implementation of this section. (2) INCLUSIONS.—The report under paragraph (1) shall include— (A) an assessment of the major challenges, if any, to successful reintroduction; (B) an evaluation of the effect, if any, of the reintroduc- tion on the existing population of California Central Valley Spring Run Chinook salmon existing on the Sacramento River or its tributaries; and (C) an assessment regarding the future of the reintro- duction. (e) FERC PRO J ECTS.— (1) IN GENERAL.—With regard to California Central Valley Spring Run Chinook salmon reintroduced pursuant to the