115 



23 



1 Valley Tribe implemented in accordance with sub- 



2 paragraph (D). 



3 "(D) The Secretary may only implement rec- 



4 ommendations pursuant to the study referred to in 



5 subparagraph (B) relating to instream flows through 



6 a rulemaking process under chapter 5 of title 5, 



7 United States Code (relating to administrative pro- 



8 cedure), with a comment period of not less than 60 



9 days and not more than 180 days. The studies and 



10 data on which such recommendations are based shall 



11 be available for public review. 



12 "(E) Any recommendation implemented pursu- 



13 ant to subparagraph (D) shall provide for a variance 



14 in the instream flow to take into account differing 



15 hydrologic and reservoir storage conditions. 



16 "(F) Costs associated with implementation of 



17 this paragraph shall be reimbursable as operation 



18 and maintenance expenditures pursuant to existing 



19 law.". 



20 (7) Section 3406(c) of the Central Valley Project Im- 



21 provement Act (106 Stat. 4721) is amended to read as 



22 follows: 



23 "(c) San Joaquin and Stanislaus Rivers. — 



24 (1)(A) In furtherance of the purposes of this title, the Sec- 



25 retary shall cooperate with the State of California and 



•HR 1906 ra 



