On the recordDecember 9, 2016
This is clearly a provision that goes completely against the normal framework of a biological opinion, and, indeed, that is not the whole part of 4003. It goes on to say that this section shall not affect the biological opinion unless the Secretary of Commerce finds such applicable requirements may be adjusted. It basically says the Secretary of Commerce can violate the biological opinion. How clear can that get? Then it continues even further, and it says: Water transfers exclusively through the State water project are not required to be consistent with section (a)(1)(H) of the Central Valley Project Improvement Act. Well, of course you are wondering what that part of the act is, and that part of the act is one that says you can't violate the fish and wildlife obligations in the process of pumping water. OK. That is wiped out by this. Clearly, case after case after case, this bill is a raid on the water of Northern California to basically pump it through in violation of biological opinions and in violation of the Endangered Species Act, and it is an assault on 20,000 fishermen and fisherwomen. That is what is wrong with this airdropped provision that never went through the committee in the Senate, and it didn't get to the floor of the Senate. We didn't have it offered as an amendment on the floor and have a vote and debate on this floor. It didn't go through the House. It wasn't debated there. It was airdropped in on a conference committee.…





