H.R. 856House111th Congress (2009-2011)In Committee

California Drought Alleviation Act of 2009

Introduced February 4, 2009

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.

February 9, 2009

View full timeline
HouseIntro Referral

Introduced in House

February 4, 2009

HouseIntro Referral

Referred to the House Committee on Natural Resources.

February 4, 2009

HouseCommittee

Referred to the Subcommittee on Water and Power.

February 9, 2009

HouseCommittee

Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.

February 9, 2009

Floor Debate

20 members

What members said about H.R. 856 on the floor

11 Republicans9 Democrats
Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Apr 29, 2010

I thank the gentlelady. Look, this is the Puerto Rico 51st State bill. It is the only result you can possibly expect. The deck is stacked. We all know. I was talking to my friends on the other side,…

Jared Polis
Rep. Jared PolisD-CO-2 · Apr 29, 2010

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1305 and ask for its immediate consideration. For the purposes of debate only, I yield the customary 30 minutes to the…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Apr 29, 2010

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I have the privilege of representing the great State of West Virginia in this body, a State that was born amidst civil conflict…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Apr 29, 2010

Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, before I begin my remarks, I am getting requests for time on the floor from a number of Members, and there simply is not…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · Apr 29, 2010

Mr. Chairman, I rise in representation of the people of Puerto Rico. In fact, I am the only elected representative of the people of Puerto Rico in this Congress. In such capacity, I introduced I…

Show 8 more
Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Apr 29, 2010

Mr. Speaker, I'd like to, first of all, thank my friend, the gentleman from Colorado (Mr. Polis), for the time; and I yield myself such time as I may consume. The underlying legislation, H.R. 2499,…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Apr 29, 2010

Mr. Chairman, I yield myself such time as I may consume. Let me just say that the gentleman from West Virginia, my colleague and friend, the chairman of the Natural Resources, is right. This is, Mr.…

Don Young
Rep. Don YoungR-AK · Apr 29, 2010

Mr. Chairman, this is a rehash of 12 years ago. I want to compliment the Delegate from Puerto Rico for representing his people. The Governor supports this legislation, the Senate supports this…

Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Apr 29, 2010

I thank the gentleman from Colorado for allowing me the opportunity. First of all, I really think that if you're going to talk about democracy, if you're going to talk about freedom, that if you're…

Steve King
Rep. Steve KingR-IA-5 · Apr 29, 2010

I thank the gentleman from Washington for yielding and for leading on this issue. Mr. Chairman, I want to just add to this discussion and deliberation that what really happens here is that if this…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Apr 29, 2010

Let me thank the chairlady from New York for allowing me this time, and let me share the great respect and admiration that I have for the gentleman from Puerto Rico, a hardworking man. There is no…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Apr 29, 2010

Mr. Speaker, I thank the gentleman for the time. My colleagues, I come to you today in a unique situation because, you see, I was born in the territory of Puerto Rico; and by being a resident of New…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Apr 29, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield to the gentlelady from the Virgin Islands for the purposes of a unanimous consent request. (Mrs. CHRISTENSEN asked and was given…

Show 11 more
Dan Burton
Rep. Dan BurtonR-IN-5 · Apr 29, 2010

Mr. Chairman, this is so muddied up I don't know if anybody that's paying attention really understands what's going on. This is just a process, that's all it is. The people who are going to decide…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Apr 29, 2010

I thank the gentleman from Colorado. I rise in strong support of the bill. I rise in strong support of the underlying legislation. I am pleased to join my colleague from Puerto Rico (Mr. Pierluisi)…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Apr 29, 2010

I thank the gentleman. So much has been said today about what this bill does. Yet so little is understood, perhaps, about what this bill really does. The bill continues to be a bill I support…

Jason Chaffetz
Rep. Jason ChaffetzR-UT-3 · Apr 29, 2010

Thank you, Mr. Chairman, and thank you for the time. Isn't it ironic that a bill about self-determination has got to have the heavy hand of the United States Congress dictating to the people of…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Apr 29, 2010

Mr. Chair, I rise in strong support of H.R. 2499, the Puerto Rico Democracy Act. Puerto Rico is home to nearly 4 million Americans. It has been a U.S. territory for 112 years and its residents have…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Apr 29, 2010

Mr. Speaker, as today's debate begins on this very important issue, where opposition is obviously on both sides of the aisle, there are two basic points I wish to make: first, to express the…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Apr 29, 2010

I thank the gentleman for yielding. Mr. Speaker, this legislation is the first step in a process that offers the Commonwealth of Puerto Rico an invitation to become a full member as a State in the…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · Apr 29, 2010

I thank the gentleman from Colorado (Mr. Polis), and thank you for your eloquent explanation as to why H.R. 2499, the Puerto Rico Democracy Act, is a fair bill, a necessary bill, and a bill that is…

Mike Pence
Rep. Mike PenceR-IN-6 · Apr 29, 2010

I thank the gentleman for yielding. I rise in support of the Puerto Rico Democracy Act, which simply grants the people of Puerto Rico a say in their future. First, a little history lesson. The…

David Dreier
Rep. David DreierR-CA-26 · Apr 29, 2010

Mr. Speaker, ``Who's on first?'' is the natural question that comes to mind on this issue. As we sat in the Rules Committee last night, we saw Luis Gutierrez, Charlie Rangel, and Nydia Velazquez join…

Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-18 · Apr 29, 2010

Mr. Speaker, I would like to thank my dear friend and colleague, Congressman Lincoln Diaz-Balart, for yielding me the time. I rise in strong support of the underlying legislation, the Puerto Rico…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued February 4, 2009

I

111th CONGRESS

1st Session

H. R. 856

IN THE HOUSE OF REPRESENTATIVES

February 4, 2009

Mr. Radanovich (for himself, Mr. Nunes, Mr. Cardoza, Mr. Calvert, Mr. McCarthy of California, Mr. Rohrabacher, Mrs. McMorris Rodgers, and Mr. Costa) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide flexibility for the operation of the Bureau of Reclamation C.W. Bill Jones Pumping Plant and the Harvey O. Banks Pumping Plant of the State of California in times of drought emergency, to support the establishment of a fish hatchery program to preserve and restore the Delta Smelt in the Sacramento-San Joaquin Delta, and for other purposes.

1.

Short title

This Act may be cited as the California Drought Alleviation Act of 2009.

2.

Temporary exemption during drought emergencies

(a)

Exemption for the operation of pumping plants during drought emergencies

Upon the declaration of a drought emergency by the Governor of California, the Secretary of the Interior shall make a written determination as to the existence of a drought emergency for the service areas of the Central Valley Project and the State Water Project. If the Secretary determines that a drought emergency exists for all or portions of the service areas of the Central Valley Project and the State Water Project, the Secretary shall temporarily exempt the operations of the Bureau of Reclamation C.W. Bill Jones Pumping Plant and the State of California Harvey O. Banks Pumping Plant from the prohibitions under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) against take of species listed as endangered species or threatened species or adverse modification of critical habitat, until such time as the Secretary determines that the drought emergency conditions are alleviated. For the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), the action of pumping water from these plants shall not be considered discretionary.

(b)

Time for determination of drought emergency

The Secretary shall make such a determination as to the existence of a drought emergency within the 30-day period beginning on the date of a gubernatorial drought emergency declaration referred to in subsection (a). If the Secretary fails to make such determination within such period with respect to any portion of a service area referred to in subsection (a), the Secretary is deemed to have made a written determination that a drought emergency exists for that portion.

(c)

Reasonable and prudent measures To protect species

The Secretary may include in any determination under subsection (a) that a drought emergency exists, reasonable and prudent measures for the protection of an endangered species or its critical habitat. Such reasonable and prudent measures, or the failure of the Secretary to prescribe such reasonable and prudent measures, shall not impede the ability of the C.W. Bill Jones Pumping Plant and the Harvey O. Banks Pumping Plant to supply sufficient water for municipal, industrial, and irrigation uses. The cost of reasonable and prudent measures prescribed by the Secretary under this subsection shall be borne by the United States and shall be nonreimbursable.

(d)

No effect on other projects

In carrying out this Act, the Secretary of the Interior and the Secretary of Commerce shall not impose additional prescriptions under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et seq.) on any other water storage or conveyance facility on the San Joaquin River, the Sacramento River, or their tributaries.

3.

Continued operation of C.W. Bill Jones Pumping Plant during drought emergencies

If the Secretary of the Interior determines that a drought emergency exists for any portion of the Central Valley Project Service Area in California, the Secretary shall direct the Bureau of Reclamation to operate the C.W. Bill Jones Pumping Plant at a capacity consistent with the Coordinated Operation Agreement between the Bureau of Reclamation and the California Department of Water Resources, and consistent with otherwise applicable laws (other than prohibitions under the Endangered Species Act of 1973 from which the operation is exempt under subsection (a)) and existing water right, until such time as the Secretary determines that the drought emergency conditions are alleviated.

4.

Delta Smelt hatchery program

The Secretary of the Interior is authorized to enter, and shall seek to enter, into a cooperative agreement with the State of California to support the establishment of a fish hatchery program to preserve and restore the species Hypomesus transpacificus (popularly known as Delta Smelt) in the Sacramento-San Joaquin Delta. The hatchery program should be designed to establish a sustainable population of Hypomesus transpacificus sufficient to warrant the species’ removal from the lists published under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and the State of California Endangered Species Act. All Hypomesus transpacificus maintained, cultured, introduced, or reintroduced under the program established under this section are deemed to be members of any subspecies or population segment of Hypomesus transpacificus listed under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) for purposes of determining whether such subspecies or population segment is a threatened species or endangered species under such section.