I 

108TH CONGRESS 

1ST SESSION H. R. 2641

To authorize the Secretary of the Interior to implement the Calfed BayDelta Program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. GEORGE MILLER of California (for himself and Mrs. TAUSCHER) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To authorize the Secretary of the Interior to implement 

the Calfed Bay-Delta Program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Calfed Bay-Delta Au5 thorization Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act: 
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1 (1) CALFED BAY-DELTA PROGRAM.—The term 

2 ‘‘Calfed Bay-Delta Program’’ means the programs, 

3 projects, complementary actions, and activities un4 dertaken through coordinated planning, implementa5 tion, and assessment activities of the State and Fed6 eral agencies in a manner consistent with the Record 

7 of Decision. 

8 (2) CALIFORNIA BAY-DELTA AUTHORITY.—The 

9 term ‘‘California Bay-Delta Authority’’ means a 

10 committee of State and Federal agencies and public 

11 members established to oversee the Calfed Bay-Delta 

12 Program, as set forth in the California Bay-Delta 

13 Authority Act (2002 Cal. Stat. Chap. 812). 

14 (3) ENVIRONMENTAL WATER ACCOUNT.—The 

15 term ‘‘Environmental Water Account’’ means the re16 serve of water provided for in the Record of Decision 

17 to provide water, in addition to the amount of the 

18 regulatory baseline, to protect and restore Delta 

19 fisheries. 

20 (4) FEDERAL AGENCIES.—The term ‘‘Federal 

21 agencies’’ means the following—

22 (A) the Department of the Interior (includ23 ing the Bureau of Reclamation, Fish and Wild24 life Service, Bureau of Land Management, and 

25 United States Geological Survey), 
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1 (B) the Environmental Protection Agency; 

2 (C) the Army Corps of Engineers; 

3 (D) the Department of Commerce (includ4 ing NOAA Fisheries); 

5 (E) the Department of Agriculture (includ6 ing the Natural Resources Conservation Service 

7 and the Forest Service); and 

8 (F) the Western Area Power Administra9 tion. 

10 (5) GOVERNOR.—The term ‘‘Governor’’ means 

11 the Governor of the State of California. 

12 (6) IMPLEMENTATION MEMORANDUM.—The 

13 term ‘‘Implementation Memorandum’’ means the 

14 Calfed Bay-Delta Program Implementation Memo15 randum of Understanding dated August 28, 2000, 

16 executed by the Federal agencies and the State 

17 agencies. 

18 (7) RECORD OF DECISION.—The term ‘‘Record 

19 of Decision’’ means the Federal programmatic 

20 Record of Decision dated August 28, 2000, issued 

21 by the Federal agencies and supported by the State. 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (9) STAGE 1.—The term ‘‘Stage 1’’ means the 

25 programs and projects planned for the first 7 years 
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1 of the Calfed Bay-Delta Program, as specified in the 

2 Record of Decision. 

3 (10) STATE.—The term ‘‘State’’ means the 

4 State of California. 

5 (11) STATE AGENCIES.—The term ‘‘State 

6 Agencies’’ means the following—

7 (A) the Resources Agency of California 

8 (including the Department of Water Resources 

9 and the Department of Fish and Game); 

10 (B) the California Environmental Protec11 tion Agency (including the State Water Re12 sources Control Board); and 

13 (C) the California Department of Food 

14 and Agriculture. 

15 SEC. 3. BAY DELTA PROGRAM. 

16 (a) FINDINGS.—Congress finds that—

17 (1) the mission of the Calfed Bay-Delta Pro18 gram is to develop and implement to a long-term 

19 comprehensive plan that will improve water manage20 ment and restore the ecological health of the Bay21 Delta system; 

22 (2) the Federal and State agencies participating 

23 in the Bay-Delta Program have prepared a thirty24 year plan, the Record of Decision, dated August 28, 

25 2000, to coordinate existing programs and direct 
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1 new programs to improve the quality and reliability 

2 of the State’s water supplies and to restore the eco3 logical health of the Bay-Delta watershed; 

4 (3) the Calfed Bay-Delta Program was devel5 oped as a joint Federal-State program to deal effec6 tively with the multijurisdictional issues involved in 

7 managing the Bay-Delta system; and 

8 (4) while this Act authorizes appropriations for 

9 four years of this thirty-year program, it is antici10 pated that the Federal Government will participate 

11 as a full partner with the State of California for the 

12 duration of this thirty-year Program. 

13 (b) IN GENERAL.—The Record of Decision is ap14 proved as a framework for addressing Calfed Bay-Delta 

15 Program components consisting of water storage, eco16 system restoration, water supply reliability, conveyance, 

17 water use efficiency, water quality, water transfers, water18 sheds, Environmental Water Account, levee stability, gov19 ernance, and science. The Secretary and the heads of the 

20 Federal agencies are authorized to carry out (undertake, 

21 fund, or participate in) the activities in the Record of De22 cision, subject to the provisions of this Act and the con23 straints of the Record of Decision, so that the Program 

24 activities consisting of protecting drinking water quality; 

25 restoring ecological health; improving water supply reli-
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1 ability, including additional water storage and conveyance, 

2 and protecting Delta levees will progress in a balanced 

3 manner, as set forth in section 5(b) of this Act. 

4 (c) AUTHORIZED ACTIVITIES.—

5 (1) IN GENERAL.—The Secretary and the heads 

6 of the Federal agencies are authorized to carry out 

7 the activities described in this subsection in further8 ance of Stage 1 of the Calfed Bay-Delta Program as 

9 set forth in the Record of Decision, subject to the 

10 cost-share and other provisions of this Act, if the ac11 tivity has been subject to environmental review and 

12 approval as required under applicable Federal and 

13 State law, and has been approved and certified by 

14 the California Bay-Delta Authority to be consistent 

15 with the Record of Decision and all applicable State 

16 and Federal law. 

17 (2) SPECIFIC ACTIVITIES AUTHORIZED.—The 

18 Secretary of the Interior is authorized to carry out 

19 the activities set forth in subparagraphs (A) through 

20 (H), and subparagraphs (K), (L), and (M) of sub21 section (c)(3). The Administrator of the Environ22 mental Protection Agency is authorized to carry out 

23 the activities set forth in subparagraphs (G), (H), 

24 (I), (K), and (L) of subsection (c)(3). The Secretary 

25 of the Army is authorized to carry out the activities 
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1 set forth in subparagraphs (G), (J), (K), and (L) of 

2 subsection (c)(3). The Secretary of Commerce is au3 thorized to carry out the activities set forth in sub4 paragraphs (E), (G), (H), and (K) of subsection 

5 (c)(3). The Secretary of Agriculture is authorized to 

6 carry out the activities set forth in subparagraphs 

7 (C), (G), (H), (I), and (K) of subsection (c)(3). 

8 (3) PROGRAM ACTIVITIES.—

9 (A) WATER STORAGE.—Of the amounts 

10 authorized to be appropriated for fiscal years 

11 2004 through 2007 under this Act, no more 

12 than $102,000,000 may be expended for the 

13 following—

14 (i) planning activities and feasibility 

15 studies for the following projects to be pur16 sued with project-specific study—

17 (I) enlargement of Shasta Dam 

18 in Shasta County (not to exceed 

19 $12,000,000); and 

20 (II) enlargement of Los Vaqueros 

21 Reservoir in Contra Costa County 

22 (not to exceed $17,000,000); 

23 (ii) planning and feasibility studies for 

24 the following projects requiring further 

25 consideration—
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1 (I) Sites Reservoir in Colusa 

2 County (not to exceed $6,000,000); 

3 and 

4 (II) Upper San Joaquin River 

5 storage in Fresno and Madera Coun6 ties (not to exceed $11,000,000); 

7 (iii) developing and implementing 

8 groundwater management and ground9 water storage projects (not to exceed 

10 $50,000,000); and 

11 (iv) comprehensive water management 

12 planning (not to exceed $6,000,000). 

13 (B) CONVEYANCE.—Of the amounts au14 thorized to be appropriated for fiscal years 

15 2004 through 2007 under this Act, no more 

16 than $77,000,000 may be expended for the fol17 lowing—

18 (i) South Delta Actions (not to exceed 

19 $45,000,000)—

20 (I) South Delta Improvements 

21 Program to—

22 (aa) increase the State 

23 Water Project export limit to 

24 8,500 cfs; such increased pump25 ing is conditional upon avoiding 
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1 adverse impacts to fishery protec2 tion and in-Delta water supply 

3 reliability; 

4 (bb) install permanent, oper5 able barriers in the south Delta; 

6 (cc) design and construct 

7 fish screens and intake facilities 

8 at Clifton Court Forebay and the 

9 Tracy Pumping Plant facilities; 

10 and 

11 (dd) increase the State 

12 Water Project export to the max13 imum capability of 10,300 cfs; 

14 such increased pumping is condi15 tional upon avoiding adverse im16 pacts to fishery protection and 

17 in-Delta water supply reliability; 

18 (II) reduction of agricultural 

19 drainage in south Delta channels and 

20 other actions necessary to minimize 

21 impacts of such drainage on drinking 

22 water quality; 

23 (III) design and construction of 

24 lower San Joaquin River floodway im25 provements; 
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1 (IV) installation and operation of 

2 temporary barriers in the south Delta 

3 until fully operable barriers are con4 structed; 

5 (V) actions to protect navigation 

6 and local diversions not adequately 

7 protected by the temporary barriers; 

8 (VI) actions identified in sub9 clause (I) or other actions necessary 

10 to offset degradation of drinking 

11 water quality in the Delta due to the 

12 South Delta Improvements Program; 

13 and 

14 (VII) actions at Franks Tract to 

15 improve water quality in the Delta; 

16 (ii) North Delta Actions (not to ex17 ceed $12,000,000)—

18 (I) evaluation and implementa19 tion of improved operational proce20 dures for the Delta Cross Channel to 

21 address fishery and water quality con22 cerns; 

23 (II) evaluation of a screened 

24 through-Delta facility on the Sac25 ramento River, including full consider-
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1 ation of the constraints identified in 

2 the Record of Decision regarding 

3 Delta Cross Channel operations strat4 egies, water quality impacts, technical 

5 viability, and fishery concerns; and 

6 (III) design and construction of 

7 lower Mokelumne River floodway im8 provements; 

9 (iii) interties (not to exceed 

10 $10,000,000)—

11 (I) evaluation and construction of 

12 an intertie between the State Water 

13 Project and the Central Valley Project 

14 facilities at or near the City of Tracy; 

15 and 

16 (II) assessment of the connection 

17 of the Central Valley Project to the 

18 State Water Project’s Clifton Court 

19 Forebay with a corresponding increase 

20 in the Forebay’s screened intake; and 

21 (iv) evaluation and implementation of 

22 the San Luis Reservoir lowpoint improve23 ment project (not to exceed $10,000,000); 

24 (C) WATER USE EFFICIENCY.—Of the 

25 amounts authorized to be appropriated for fis-
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1 cal years 2004 through 2007 under this Act, no 

2 more than $153,000,000 may be expended for 

3 the following—

4 (i) water conservation projects that 

5 provide water supply reliability, water 

6 quality, and ecosystem benefits to the Bay7 Delta system (not to exceed $61,000,000); 

8 (ii) technical assistance for urban and 

9 agricultural water conservation projects 

10 (not to exceed $5,000,000); 

11 (iii) water recycling and desalination 

12 projects, including but not limited to 

13 projects identified in the Bay Area Water 

14 Plan and the Southern California Com15 prehensive Water Reclamation and Reuse 

16 Study (not to exceed $84,000,000), as fol17 lows—

18 (I) in providing financial assist19 ance under this clause, the Secretary 

20 shall give priority consideration to 

21 projects that include regional solu22 tions to benefit regional water supply 

23 and reliability needs; 

24 (II) the Secretary shall review 

25 any feasibility level studies for sea-
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1 water desalination and regional brine 

2 line projects that have been com3 pleted, whether or not those studies 

4 were prepared with financial assist5 ance from the Secretary; 

6 (III) the Secretary shall report to 

7 the Congress within 90 days after the 

8 completion of a feasibility study or the 

9 review of a feasibility study for the 

10 purposes of providing design and con11 struction assistance for the construc12 tion of desalination and regional brine 

13 line projects; and 

14 (IV) the Federal share of the 

15 cost of any activity carried out with 

16 assistance under this clause may not 

17 exceed the lesser of 25 percent of the 

18 total cost of the activity or 

19 $50,000,000; 

20 (iv) water measurement and transfer 

21 actions (not to exceed $1,500,000); and 

22 (v) certification of implementation of 

23 best management practices for urban 

24 water conservation (not to exceed 

25 $1,500,000). 
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1 (D) WATER TRANSFERS.—Of the amounts 

2 authorized to be appropriated for fiscal years 

3 2004 through 2007 under this Act, no more 

4 than $3,000,000 may be expended for the fol5 lowing—

6 (i) increasing the availability of exist7 ing facilities for water transfers; 

8 (ii) lowering transaction costs through 

9 permit streamlining; and 

10 (iii) maintaining a water transfer in11 formation clearinghouse. 

12 (E) ENVIRONMENTAL WATER ACCOUNT.—

13 Of the amounts authorized to be appropriated 

14 for fiscal years 2004 through 2007 under this 

15 act, no more than $75,000,000 may be ex16 pended for implementation of the Environ17 mental Water Account. 

18 (F) INTEGRATED REGIONAL WATER MAN19 AGEMENT PLANS.—Of the amounts authorized 

20 to be appropriated for fiscal years 2004 

21 through 2007 under this Act, no more than 

22 $95,000,000 may be expended for the fol23 lowing—

24 (i) establishing a competitive grants 

25 program to assist local and regional com-
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1 munities in California in developing and 

2 implementing integrated regional water 

3 management plans to carry out Stage 1 of 

4 the Record of Decision; and 

5 (ii) implementation of projects and 

6 programs in California that improve water 

7 supply reliability, water quality, ecosystem 

8 restoration, and flood protection, or meet 

9 other local and regional needs, that are 

10 consistent with, and make a significant 

11 contribution to, Stage 1 of the Calfed Bay12 Delta Program. 

13 (G) ECOSYSTEM RESTORATION.—Of the 

14 amounts authorized to be appropriated for fis15 cal years 2004 through 2007 under this Act, no 

16 more than $100,000,000 may be expended for 

17 the following—

18 (i) implementation of large-scale res19 toration projects in San Francisco Bay, 

20 the Delta, and its tributaries; 

21 (ii) restoration of habitat in the Delta, 

22 San Pablo Bay, and Suisun Bay and 

23 Marsh, including tidal wetlands and ripar24 ian habitat; 
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1 (iii) fish screen and fish passage im2 provement projects; 

3 (iv) implementation of an invasive 

4 species program, including prevention, con5 trol, and eradication; 

6 (v) development and integration of 

7 State and Federal agricultural programs 

8 that benefit wildlife into the Ecosystem 

9 Restoration Program; 

10 (vi) financial and technical support 

11 for locally-based collaborative programs to 

12 restore habitat while addressing the con13 cerns of local communities; 

14 (vii) water quality improvement 

15 projects to reduce salinity, selenium, mer16 cury, pesticides, trace metals, dissolved ox17 ygen, turbidity, sediment, and other pollut18 ants; 

19 (viii) land and water acquisitions to 

20 improve habitat and fish spawning and 

21 survival in the Delta and its tributaries; 

22 (ix) integrated flood management, 

23 ecosystem restoration, and levee protection 

24 projects; 
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1 (x) scientific evaluations and targeted 

2 research on program activities; and 

3 (xi) strategic planning and tracking of 

4 program performance. 

5 (H) WATERSHEDS.—Of the amounts au6 thorized to be appropriated for fiscal years 

7 2004 through 2007 under this Act, no more 

8 than $50,000,000 may be expended for the fol9 lowing—

10 (i) building local capacity to assess 

11 and manage watersheds affecting the Bay12 Delta system; 

13 (ii) technical assistance for watershed 

14 assessments and management plans; and 

15 (iii) developing and implementing lo16 cally-based watershed conservation, main17 tenance, and restoration actions. 

18 (I) WATER QUALITY.—Of the amounts au19 thorized to be appropriated for fiscal years 

20 2004 through 2007 under this Act, no more 

21 than $50,000,000 may be expended for the fol22 lowing—

23 (i) implementation of source control 

24 programs in the Delta and its tributaries; 
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1 (ii) developing recommendations 

2 through scientific panels and advisory 

3 council processes to meet the Calfed Bay4 Delta Program goal of continuous improve5 ment in Delta water quality for all uses; 

6 (iii) investing in treatment technology 

7 demonstration projects; 

8 (iv) controlling runoff into the Cali9 fornia aqueduct and other similar convey10 ances; 

11 (v) addressing water quality problems 

12 at the North Bay Aqueduct; 

13 (vi) studying recirculation of export 

14 water to reduce salinity and improve dis15 solved oxygen in the San Joaquin River; 

16 (vii) supporting and participating in 

17 the development of projects to enable San 

18 Francisco Bay Area water districts to work 

19 cooperatively to address their water quality 

20 and supply reliability issues, including con21 nections between aqueducts, water trans22 fers, water conservation measures, institu23 tional arrangements, and infrastructure 

24 improvements that encourage regional ap25 proaches, and investigations and studies of 
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1 available capacity in a project to deliver 

2 water to the East Bay Municipal Utility 

3 District under its contract with the Bureau 

4 of Reclamation dated July 20, 2001, in 

5 order to determine if such capacity can be 

6 utilized to meet the above objectives: Pro7 vided, That these investigations and stud8 ies shall be conducted consistent with the 

9 Record of Decision; 

10 (viii) development of water quality ex11 changes and other programs to make high 

12 quality water available to urban areas; and 

13 (ix) development and implementation 

14 of a plan to meet all existing water quality 

15 standards for which the State and Federal 

16 water projects have responsibility. 

17 (J) LEVEE STABILITY.—Of the amounts 

18 authorized to be appropriated for fiscal years 

19 2004 through 2007 under this Act, no more 

20 than $70,000,000 may be expended for the fol21 lowing—

22 (i) assisting local reclamation districts 

23 in reconstructing Delta levees to a base 

24 level of protection (not to exceed 

25 $20,000,000); 
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1 (ii) enhancing the stability of levees 

2 that have particular importance in the sys3 tem through the Delta Levee Special Im4 provement Projects program (not to exceed 

5 $20,000,000); 

6 (iii) developing best management 

7 practices to control and reverse land sub8 sidence on Delta islands (not to exceed 

9 $1,000,000); 

10 (iv) refining the Delta Emergency 

11 Management Plan (not to exceed 

12 $1,000,000); 

13 (v) developing a Delta Risk Manage14 ment Strategy after assessing the con15 sequences of Delta levee failure from 

16 floods, seepage, subsidence, and earth17 quakes (not to exceed $500,000); 

18 (vi) developing a strategy for reuse of 

19 dredged materials on Delta islands (not to 

20 exceed $1,500,000); 

21 (vii) evaluating, and where appro22 priate, rehabilitating the Suisun Marsh lev23 ees (not to exceed $6,000,000); and 

24 (viii) integrated flood management, 

25 ecosystem restoration, and levee protection 
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1 projects, including design and construction 

2 of lower San Joaquin River and lower 

3 Mokelumne River floodway improvements 

4 and other projects under the Sacramento5 San Joaquin Comprehensive Study (not to 

6 exceed $20,000,000); 

7 (K) SCIENCE.—Of the amounts authorized 

8 to be appropriated for fiscal years 2004 

9 through 2007 under this Act, no more than 

10 $50,000,000 may be expended for the fol11 lowing—

12 (i) establishing and maintaining an 

13 independent science board, technical pan14 els, and standing boards to provide over15 sight and peer review of the program; 

16 (ii) conducting expert evaluations and 

17 scientific assessments of all program ele18 ments; 

19 (iii) coordinating existing monitoring 

20 and scientific research programs; 

21 (iv) developing and implementing 

22 adaptive management experiments to test, 

23 refine and improve scientific under24 standings; 
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1 (v) establishing performance meas2 ures, and monitoring and evaluating the 

3 performance of all program elements; and 

4 (vi) preparing an annual Science Re5 port. 

6 (L) PROGRAM MANAGEMENT, OVERSIGHT, 

7 AND COORDINATION.—Of the amounts author8 ized to be appropriated for fiscal years 2004 

9 through 2007 under this Act, no more than 

10 $25,000,000 may be expended by the Secretary, 

11 acting through the Director of the Calfed Bay12 Delta Program, for the following—

13 (i) program-wide tracking of sched14 ules, finances, and performance; 

15 (ii) multi-agency oversight and coordi16 nation of Calfed activities to ensure pro17 gram balance and integration; 

18 (iii) development of interagency cross19 cut budgets and a comprehensive finance 

20 plan to allocate costs in accordance with 

21 the beneficiary pays provisions of the 

22 Record of Decision; 

23 (iv) coordination of public outreach 

24 and involvement, including tribal, environ25 mental justice, and public advisory activi-
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1 ties under the Federal Advisory Committee 

2 Act; and 

3 (v) development of Annual Reports. 

4 (M) REFUGE WATER SUPPLIES.—Of the 

5 amounts authorized to be appropriated for fis6 cal years 2004 through 2007 under this Act, no 

7 more than $30,000,000 may be expended to 

8 comply with the Level 2 and Level 4 refuge 

9 water supply requirements set forth in section 

10 3406(d)(1)(2) of the Central Valley Project Im11 provement Act. Such funds shall be expended 

12 first to acquire the quantities of Level 4 water 

13 specified in section 3406(d)(2) of that Act and 

14 second to acquire 26,000 AF of Level 2 replace15 ment water. Any remaining funds may be ex16 pended to diversify sources of Level 2 refuge 

17 water supplies. 

18 (N) GROUNDWATER MANAGEMENT.—The 

19 Secretary and the Federal agency heads shall 

20 not approve, release, transfer, or obligate in any 

21 manner any funds for the design or construc22 tion of projects described in section 3(c)(3)(A) 

23 and section 3(c)(3)(B) of this Act until there be 

24 in effect measures, duly enacted by the Cali25 fornia State legislature and adequate in the 
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1 judgment of the Secretary, to manage and con2 trol the pumping of groundwater on a sustain3 able basis within the Calfed Solution Area, as 

4 that term is used in the Record of Decision. 

5 (4) AUTHORIZED ACTIONS.—The Secretary and 

6 the Federal agency heads are authorized to carry 

7 out the activities authorized by this Act through the 

8 use of grants, loans, contracts, and cooperative 

9 agreements with Federal and non-Federal entities 

10 where the Secretary or Federal agency head deter11 mines that the grant, loan, contract, or cooperative 

12 agreement will assist in implementing the authorized 

13 activity in an efficient, timely, and cost-effective 

14 manner: Provided, however, That such activities shall 

15 not include construction unless the United States is 

16 a party to the contract for construction. 

17 (5) PROJECT REQUIREMENTS REGARDING FEA18 SIBILITY AND APPLICATION OF BENEFICIARIES PAY

19 PRINCIPLE.—No Federal funds are authorized for 

20 any project under the Calfed Bay-Delta program for 

21 increasing water supply, water yield, water storage, 

22 or water conveyance that is intended in whole or in 

23 part for any agricultural, municipal and industrial, 

24 domestic, or hydroelectric power purposes, unless—
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1 (A) a feasibility study for the project is 

2 prepared in accordance with this section; 

3 (B) a report on the findings of such study 

4 is submitted to the Secretary and the Congress; 

5 and 

6 (C) the Secretary certifies that—

7 (i) the feasibility study and report in8 dicate that total project benefits for those 

9 purposes will equal or exceed total project 

10 costs; and 

11 (ii) the beneficiaries of those purposes 

12 have demonstrated to the satisfaction of 

13 the Secretary a willingness and ability to 

14 pay for costs allocated to them, under the 

15 beneficiaries pay principle referred to in 

16 section 2.2.5 of the Record of Decision; 

17 and 

18 (iii) such beneficiaries are obligated to 

19 repay such costs. 

20 SEC. 4. MANAGEMENT. 

21 (a) COORDINATION.—In carrying out the Calfed Bay22 Delta Program, the Federal agencies shall coordinate their 

23 activities with the State agencies. 

24 (b) PUBLIC PARTICIPATION.—In carrying out the 

25 Calfed Bay-Delta Program, the Federal agencies shall co-
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1 operate with local and tribal governments and the public 

2 through a federally chartered advisory committee or other 

3 appropriate means, to seek input on program elements 

4 such as planning, design, technical assistance, and devel5 opment of peer review science programs. 

6 (c) SCIENCE.—In carrying out the Calfed Bay-Delta 

7 Program, the Federal agencies shall seek to ensure, to the 

8 maximum extent practicable, that—

9 (1) all major aspects of implementing the Pro10 gram are subjected to credible and objective sci11 entific review; and 

12 (2) major decisions are based upon the best 

13 available scientific information. 

14 (d) GOVERNANCE.—In carrying out the Calfed Bay15 Delta Program, the Secretary and the Federal agency 

16 heads are authorized to become voting members of the 

17 California Bay-Delta Authority, as established in the Cali18 fornia Bay-Delta Authority Act (2002 Cal. Stat. Chap. 

19 812), to the extent consistent with Federal law. Nothing 

20 in this subsection shall preempt or otherwise affect any 

21 Federal law or limit the statutory authority of any Federal 

22 agency: Provided, That the California Bay-Delta Authority 

23 shall not be deemed to be an advisory committee within 

24 the meaning of the Federal Advisory Committee Act (5 

25 U.S.C. App. 1) and the financial interests of the California 
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1 Bay-Delta Authority shall not be imputed to any Federal 

2 official participating in such Authority. 

3 (e) ENVIRONMENTAL JUSTICE.—Consistent with Ex4 ecutive Order 12898 pertaining to Federal Actions to Ad5 dress Environmental Justice in Minority and Low-Income 

6 Populations, it is the intent of the Congress that the Fed7 eral and State agencies should continue to collaborate to 

8 develop a comprehensive environmental justice workplan 

9 for the Calfed Bay-Delta Program and fulfill the commit10 ment to addressing environmental justice challenges re11 ferred to in the Calfed Bay-Delta Program Environmental 

12 Justice Workplan dated December 13, 2000. 

13 (f) LAND ACQUISITION.—Before obligating or ex14 pending any Federal funds to acquire land for the Eco15 system Restoration Program, the Secretary shall first de16 termine that existing Federal land, State land, or other 

17 public land is not available for the project purpose. Private 

18 land acquisitions shall prioritize easements over acquisi19 tions of fee title unless easements are unavailable or un20 suitable for the stated purpose. 

21 (g) STATUS REPORTS.—The Secretary shall report 

22 monthly on the Authority’s progress in achieving the water 

23 supply targets as described in Section 2.2.4 of the Record 

24 of Decision, the environmental water account require25 ments as described in Section 2.2.7, and the water quality 
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1 targets as described in Section 2.2.9, and any pending ac2 tions that may affect the Authority’s ability to achieve 

3 those targets and requirements. 

4 SEC. 5. REPORTING REQUIREMENTS. 

5 (a) REPORT AND CERTIFICATION BY CALFED.—The 

6 Secretary, in cooperation with the Governor, shall submit 

7 a report of the California Bay-Delta Authority by Decem8 ber 15 of each year to the appropriate authorizing and 

9 appropriating Committees of the Senate and the House 

10 of Representatives that describes the status of implemen11 tation of all components of the Calfed Bay-Delta Program 

12 and that certifies whether or not the Calfed Bay-Delta 

13 Program is progressing in a balanced manner which allows 

14 all program components to be advanced, including addi15 tional water supply, ecosystem restoration, and water 

16 quality. The Secretary’s report shall describe—

17 (1) the progress of the Calfed Bay-Delta Pro18 gram in meeting the implementation schedule for the 

19 Program in a manner consistent with the Record of 

20 Decision; 

21 (2) the status of implementation of all compo22 nents of the Calfed Bay-Delta Program; 

23 (3) expenditures in the past fiscal year and year 

24 to date for implementing the Calfed Bay-Delta Pro25 gram; and 
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1 (4) accomplishments in the past fiscal year and 

2 year to date in achieving the objectives of additional 

3 and improved—

4 (A) water storage; 

5 (B) water quality; 

6 (C) water use efficiency; 

7 (D) ecosystem restoration; 

8 (E) watershed management; 

9 (F) levee system integrity; 

10 (G) water transfers; 

11 (H) water conveyance; and 

12 (I) water supply reliability. 

13 The report shall discuss the status of Calfed Bay-Delta 

14 Program goals, current schedules, and relevant financing 

15 agreements. 

16 (b) STATEMENT OF BALANCE.—Substantial progress 

17 in each of the categories listed in subsection (a) shall be 

18 considered in determining whether the Calfed Bay-Delta 

19 Program is proceeding in a balanced manner for purposes 

20 of making the certification provided for in subsection (a). 

21 In addition, in making such certification the Secretary, in 

22 cooperation with the Governor, shall prepare a statement 

23 of whether the program is in balance which takes into con24 sideration the following—
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1 (1) status of all Stage 1 actions, including 

2 goals, schedules, and financing agreements; 

3 (2) progress on storage projects, conveyance im4 provements, levee improvements, water quality 

5 projects, and water use efficiency programs; 

6 (3) completion of key projects and milestones 

7 identified in the Ecosystem Restoration Program; 

8 (4) development and implementation of local 

9 programs for watershed conservation and restora10 tion; 

11 (5) progress in improving water supply reli12 ability and implementing the Environmental Water 

13 Account; 

14 (6) achievement of commitments under State 

15 and Federal Endangered Species Acts; 

16 (7) implementation of a comprehensive science 

17 program; 

18 (8) progress toward acquisition of the State and 

19 Federal permits, including Clean Water Act section 

20 404(a) permits, for implementation of projects in all 

21 identified program areas; 

22 (9) progress in achieving benefits in all geo23 graphic regions covered by the Program; 
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1 (10) legislative action on water transfer, 

2 groundwater management, water use efficiency, and 

3 governance issues; 

4 (11) status of complementary actions; 

5 (12) status of mitigation measures; and 

6 (13) revisions to funding commitments and pro7 gram responsibilities. 

8 (c) REVISED SCHEDULE.—If the report provided for 

9 in subsection (a) and the statement of balance provided 

10 for in subsection (b) conclude that the Calfed Bay-Delta 

11 Program is not progressing in a balanced manner so that 

12 no certification of balanced implementation can be made, 

13 the California Bay-Delta Authority shall prepare a revised 

14 schedule to ensure the Calfed Bay-Delta Program will 

15 progress in a balanced manner consistent with the intent 

16 of the Record of Decision. This revised schedule shall be 

17 subject to approval by the Secretary and the Governor, 

18 and upon such approval, shall be submitted to the appro19 priate authorizing and appropriating committees of the 

20 Senate and the House of Representatives. 

21 (d) FEASIBILITY STUDIES.—Any feasibility studies 

22 completed for storage projects as a result of this Act shall 

23 include identification of project benefits and beneficiaries 

24 and a cost allocation plan consistent with the beneficiaries 

25 pay provisions of the Record of Decision. 
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1 (e) FINANCIAL SUMMARY.—In addition to the report 

2 required pursuant to subsection (a), no later than Feb3 ruary 15 of each year the Secretary shall submit to the 

4 appropriate authorizing and appropriating committees of 

5 the Senate and the House of Representatives a financial 

6 report certified by the Secretary containing a detailed ac7 counting of all funds received and obligated by all Federal 

8 and State agencies responsible for implementing the 

9 Calfed Bay-Delta Program in the previous fiscal year, a 

10 budget for the proposed projects (including a description 

11 of the project, authorization level, and project status) to 

12 be carried out in the upcoming fiscal year with the Federal 

13 portion of funds authorized under this Act, and a listing 

14 of all projects to be undertaken in the upcoming fiscal year 

15 with the Federal portion of funds authorized under this 

16 Act. 

17 (f) REPORT.—Prior to December 2004, the Sec18 retary, after consultation with the Governor and the Fed19 eral agency heads, shall submit a report to Congress 

20 that—

21 (1) details the accomplishments of the Calfed 

22 Bay-Delta Program to date; 

23 (2) identifies the specific steps that remain to 

24 be undertaken in the Program; 
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1 (3) sets forth the specific funding levels and 

2 sources to accomplish such steps; and 

3 (4) makes such recommendations as may be 

4 necessary to accomplish the goals and objectives of 

5 the continuing Calfed Bay-Delta Program. 

6 SEC. 6. CROSSCUT BUDGET AND AUTHORIZATION OF AP7 PROPRIATIONS. 

8 (a) CROSSCUT BUDGET.—The President’s Budget 

9 shall include requests for the appropriate level of funding 

10 for each of the Federal agencies to carry out its respon11 sibilities under the Calfed Bay-Delta Program. Such funds 

12 shall be requested for the Federal agency with authority 

13 and programmatic responsibility for the obligation of such 

14 funds, as set forth in section 3(c)(2). At the time of sub15 mission of the President’s Budget to the Congress, the Di16 rector of the Office of Management and Budget shall sub17 mit to the appropriate authorizing and appropriating com18 mittees of the Senate and the House of Representatives 

19 and interagency budget crosscut report that displays the 

20 budget proposed, including any interagency or intra-agen21 cy transfer, for each of the Federal agencies to carry out 

22 the Calfed Bay-Delta Program for the upcoming fiscal 

23 year, separately showing funding requested under both 

24 pre-existing authorities and under the new authorities 

25 granted by this Act. The report shall also identify all ex-
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1 penditures since 1996 within the Federal and State gov2 ernments used to achieve the objectives of the Calfed Bay3 Delta Program. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary and 

6 the heads of the Federal agencies $880,000,000 to pay 

7 the Federal share of carrying out Stage 1 of the Record 

8 of Decision for fiscal years 2004 through 2007, in accord9 ance with the provisions of this Act. The funds shall re10 main available without fiscal year limitation. 

11 SEC. 7. FEDERAL SHARE OF COSTS. 

12 The Federal share of the cost of implementing Stage 

13 1 of the Calfed Bay-Delta Program as set forth in the 

14 Record of Decision shall not exceed 33.3 percent, unless 

15 otherwise specified in this Act. 

16 SEC. 8. COMPLIANCE WITH STATE AND FEDERAL LAW. 

17 Nothing in this Act preempts or otherwise affects any 

18 Federal or State law, including any authority of a Federal 

19 agency to carry out activities related to, or in furtherance 

20 of, the Calfed Bay-Delta Program.

Æ