108TH CONGRESS

2D SESSION H. R. 2828

AN ACT

To authorize the Secretary of the Interior to impledomestic water resources. programs aimed at increasing and diversifying ment water supply technology and infrastructure

108TH CONGRESS

2D SESSION H. R. 2828

AN ACT

To authorize the Secretary of the Interior to implement

water supply technology and infrastructure programs

aimed at increasing and diversifying domestic water resources.

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

2 This Act may be cited as the ‘‘Water Supply, Reli3 ability, and Environmental Improvement Act’’.

4 TITLE I—CALIFORNIA WATER

5 SECURITY AND ENVIRON6 MENTAL ENHANCEMENT

7 SEC. 101. SHORT TITLE.

8 This title may be cited as the ‘‘California Water Se9 curity and Environmental Enhancement Act’’.

10 SEC. 102. DEFINITIONS.

11 In this title:

12 (1) CALFED BAY-DELTA PROGRAM.—The terms

13 ‘‘Calfed Bay-Delta Program’’ and ‘‘Program’’ mean

14 the programs, projects, complementary actions, and

15 activities undertaken through coordinated planning,

16 implementation, and assessment activities of the

17 State and Federal Agencies in a manner consistent

18 with the Record of Decision.

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

20 terms ‘‘California Bay-Delta Authority’’ and ’’Author21 ity’’ mean the California Bay-Delta Authority, as set

22 forth in the California Bay-Delta Authority Act

23 (Cal. Water Code 79400 et seq.).

24 (3) ENVIRONMENTAL WATER ACCOUNT.—The

25 term ‘‘Environmental Water Account’’ means the co-
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1 operative management program established under

2 the Record of Decision.

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

4 agencies’’ means—

5 (A) the Department of the Interior,

6 including—

7 (i) the Bureau of Reclamation;

8 (ii) the United States Fish and Wild9 life Service:

10 (iii) the Bureau of Land Management;

11 and

12 (iv) the United States Geological Sur13 vey;

14 (B) the Environmental Protection Agency;

15 (C) the Army Corps of Engineers;

16 (D) the Department of Commerce, includ17 ing the National Marine Fisheries service (also

18 known as ‘‘NOAA Fisheries’’);

19 (E) the Department of Agriculture,

20 including—

21 (i) the Natural Resources Conserva22 tion Service;

23 (ii) the Forest Service; and

24 (F) the Western Area Power Administra25 tion.
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1 (5) GOVERNOR.—The term ‘‘Governor’’ means

2 the Governor of the State of California.

3 (6) RECORD OF DECISION.—The term ‘‘Record

4 of Decision’’ means the Calfed Bay-Delta Program

5 Record of Decision, dated August 28, 2000.

6 (7) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of the Interior.

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

9 of California.

10 (9) STATE AGENCIES.—The term ‘‘State agen11 cies’’ means the California State agencies that are

12 signatories to Attachment 3 of the Record of Deci13 sion.

14 (10) WATER YIELD.—The term ‘‘water yield’’

15 means a new quantity of water in storage that is re16 liably available in critically dry years for beneficial

17 uses.

18 SEC. 103. BAY DELTA PROGRAM.

19 (a) IN GENERAL.—

20 (1) RECORD OF DECISION AS GENERAL FRAME21 WORK.—The Record of Decision is approved as a

22 general framework for addressing the Calfed Bay23 Delta Program, including its components relating to

24 water storage and water yield, ecosystem restoration,

25 water supply reliability, conveyance, water use effi-
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1 ciency, water quality, water transfers, watersheds,

2 the Environmental Water Account, levee stability,

3 governance, and science.

4 (2) REQUIREMENTS.—In General.— The Sec5 retary and the heads of the Federal agencies are au6 thorized to carry out the activities under this title

7 consistent with—

8 (A) the Record of Decision; and

9 (B) the requirement that Program activi10 ties consisting of protecting drinking water

11 quality, restoring ecological health, improving

12 water supply reliability (including additional

13 storage and conveyance) and water yield, and

14 protecting Delta levees will progress in a

15 balanced manner.

16 (b) AUTHORIZED ACTIVITIES.—

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

18 of the Federal agencies are authorized to carry out

19 the activities described in paragraphs (2) through

20 (5) in furtherance of the Calfed Bay-Delta Program

21 as set forth in the Record of Decision, subject to the

22 cost-share and other provisions of this title, if the

23 activity has been—
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1 (A) subject to environmental review and

2 approval, as required under applicable Federal

3 and State law; and

4 (B) approved and certified by the relevant

5 Federal agency to be consistent with the Record

6 of Decision and within the scope of the agency’s

7 authority under existing law.

8 (2) MULTIPLE BENEFIT PROJECTS FAVORED.—

9 In selecting projects and programs for increasing

10 water yield and water supply, improving water qual11 ity, and enhancing environmental benefits, projects

12 and programs with multiple benefits shall be empha13 sized.

14 (3) BALANCE.—The Secretary shall ensure that

15 all elements of the Calfed Bay-Delta Program need

16 to be completed and operated cooperatively to main17 tain the balanced progress in all Calfed Bay-Delta

18 Program areas.

19 (4) AUTHORIZATIONS FOR FEDERAL AGENCIES

20 UNDER APPLICABLE LAW.—

21 (A) SECRETARY OF THE INTERIOR.—The

22 Secretary of the Interior is authorized to carry

23 out the activities described in subparagraphs

24 (A) through (J) of paragraph (5), to the extent

25 authorized under the reclamation laws, the Cen-
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1 tral Valley Project Improvement Act (title

2 XXXIV of Public Law 102–575; 106 Stat.

3 4706), the Fish and Wildlife Coordination Act

4 (16 U.S.C. 661 et seq.), the Endangered Spe5 cies Act of 1973 (16 U.S.C. 1531 et seq.), and

6 other applicable law.

7 (B) THE ADMINISTRATOR OF THE ENVI8 RONMENTAL PROTECTION AGENCY.—The Ad9 ministrator of the Environmental Protection

10 Agency may carry out the activities described in

11 subparagraphs (C), (E), (F), (G), (H), and (I)

12 of paragraph (5), in furtherance of the Calfed

13 Bay-Delta program, to the extent authorized

14 under the Federal Water Pollution Control Act

15 (33 U.S.C. 1251 et seq.), the Safe Drinking

16 Water Act (42 U.S.C. 300f et seq.), and other

17 laws in effect on the day before the date of en18 actment of this title.

19 (C) THE SECRETARY OF THE ARMY.—The

20 Secretary of the Army may carry out the activi21 ties described in subparagraphs (B), (F), (G),

22 (H), and (I) of paragraph (5), in furtherance of

23 the CALFED Bay-Delta Program, to the ex24 tent authorized under flood control, water re25 source development, and other laws in effect on
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1 the day before the date of enactment of this

2 title.

3 (D) SECRETARY OF COMMERCE.—The Sec4 retary of Commerce is authorized to carry out

5 the activities described in subparagraphs (B),

6 (F), (G), and (I) of paragraph (5), to the ex7 tent authorized under the Fish and Wildlife Co8 ordination Act (16 U.S.C. 661 et seq.), the En9 dangered Species Act of 1973 (16 U.S.C. 1531

10 et seq.), and other applicable law.

11 (E) SECRETARY OF AGRICULTURE.—The

12 Secretary of Agriculture is authorized to carry

13 out the activities described in subparagraphs

14 (C), (E), (F), (G), (H), and (I) of paragraph

15 (5), to the extent authorized under title XII of

16 the Food Security Act of 1985 (16 U.S.C. 3801

17 et seq.), the Farm Security and Rural Invest18 ment Act of 2002 (Public Law 107–171; 116

19 Stat. 134) (including amendments made by that

20 Act), and other applicable law.

21 (5) DESCRIPTION OF ACTIVITIES UNDER EXIST22 ING AUTHORIZATIONS.—

23 (A) WATER STORAGE AND WATER

24 YIELD.—Activities under this subparagraph

25 consist of—
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1 (i) FEASIBILITY STUDIES AND RESO2 LUTION.—

3 (I) For purposes of implementing

4 the Calfed Bay-Delta Program, the

5 Secretary is authorized to undertake

6 all necessary planning activities and

7 feasibility studies required for the de8 velopment of recommendations by the

9 Secretary to Congress on the con10 struction and implementation of spe11 cific water supply and water yield

12 projects, and to conduct comprehen13 sive water management planning.

14 (II) FEASIBILITY STUDIES RE15 QUIREMENTS.—All feasibility studies

16 completed for storage projects as a re17 sult of this section shall include iden18 tification of project benefits and bene19 ficiaries and a cost allocation plan

20 consistent with the benefits to be re21 ceived, for both governmental and

22 non-governmental entities.

23 (III) DISAPPROVAL RESOLU24 TION.—If the Secretary determines a

25 project to be feasible, and meets the
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1 requirements under subparagraph

2 (II), the report shall be submitted to

3 Congress. If Congress does not pass a

4 disapproval resolution of the feasi5 bility study during the first 120 days

6 before Congress (not including days

7 on which either the House of Rep8 resentatives or the Senate is not in

9 session because of an adjournment of

10 more than three calendar days to a

11 day certain) the project shall be au12 thorized, subject to appropriations.

13 (ii) WATER SUPPLY AND WATER

14 YIELD STUDY.—The Secretary, acting

15 through the Bureau of Reclamation and in

16 consultation with the State, shall conduct a

17 study of available water supplies and water

18 yield and existing demand and future

19 needs for water—

20 (I) within the units of the Cen21 tral Valley Project;

22 (II) within the area served by

23 Central Valley Project agricultural

24 water service contractors and munic-
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1 ipal and industrial water service con2 tractors; and

3 (III) within the Bay-Delta solu4 tion area.

5 (iii) RELATIONSHIP TO PRIOR

6 STUDY.—The study under clause (ii) shall

7 incorporate and revise as necessary the

8 study required by section 3408(j) of the

9 Central Valley Project Improvement Act of

10 1992 (Public Law 102–575).

11 (iv) MANAGEMENT.—The Secretary

12 shall conduct activities related to devel13 oping groundwater storage projects to the

14 extent authorized under existing law.

15 (v) COMPREHENSIVE WATER PLAN16 NING.—The Secretary shall conduct activi17 ties related to comprehensive water man18 agement planning to the extent authorized

19 under existing law.

20 (vi) REPORT.—The Secretary shall

21 submit a report to the congressional au22 thorizing committees by not later than 180

23 days after the State’s completion of the

24 updated Bulletin 160 describing the fol25 lowing:
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1 (I) Water yield and water supply

2 improvements, if any, for Central Val3 ley Project agricultural water service

4 contractors and municipal and indus5 trial water service contractors, includ6 ing those identified in Bulletin 160.

7 (II) All water management ac8 tions or projects, including those iden9 tified in Bulletin 160, that would im10 prove water yield or water supply and

11 that, if taken or constructed, would

12 balance available water supplies and

13 existing demand for those contractors

14 and other water users of the Bay15 Delta watershed with due recognition

16 of water right priorities and environ17 mental needs.

18 (III) The financial costs of the

19 actions and projects described under

20 clause (II).

21 (IV) The beneficiaries of those

22 actions and projects and an assess23 ment of their willingness to pay the

24 capital costs and operation and main25 tenance costs thereof.
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1 (B) CONVEYANCE.—

2 (i) SOUTH DELTA ACTIONS.—In the

3 case of the South Delta, activities under

4 this clause consist of the following:

5 (I) The South Delta Improve6 ment Program through actions to ac7 complish the following:

8 (aa) Increase the State

9 Water Project export limit to

10 8,500 cfs.

11 (bb) Install permanent, op12 erable barriers in the south

13 Delta. The Federal Agencies

14 shall cooperate with the State to

15 accelerate installation of the per16 manent, operable barriers in the

17 south Delta, with the intent to

18 complete that installation not

19 later than the end of fiscal year

20 2007.

21 (cc) Increase the State

22 Water Project export to the max23 imum capability of 10,300 cfs.

24 (II) Reduction of agricultural

25 drainage in south Delta channels, and
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1 other actions necessary to minimize

2 the impact of drainage on drinking

3 water quality.

4 (III) Evaluation of lower San

5 Joaquin River floodway improve6 ments.

7 (IV) Installation and operation of

8 temporary barriers in the south Delta

9 until fully operable barriers are con10 structed.

11 (V) Actions to protect navigation

12 and local diversions not adequately

13 protected by temporary barriers.

14 (VI) Actions to increase pumping

15 shall be accomplished in a manner

16 consistent with applicable California

17 and Federal law protecting—

18 (aa) deliveries to, costs of,

19 and water supplies for in-delta

20 water users, including in-delta

21 agricultural users that have his22 torically relied on water diverted

23 for use in the Delta;
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1 (bb) the quality of water for

2 existing municipal, industrial,

3 and agricultural uses;

4 (cc) water supplies for areas

5 of origin; and

6 (dd) Delta dependent native

7 fish species.

8 (ii) NORTH DELTA ACTIONS.—In the

9 case of the North Delta, activities under

10 this clause consist of—

11 (I) evaluation and implementa12 tion of improved operational proce13 dures for the Delta Cross Channel to

14 address fishery and water quality con15 cerns;

16 (II) evaluation of a screened

17 through-Delta facility on the Sac18 ramento River; and

19 (III) evaluation of lower

20 Mokelumne River floodway improve21 ments.

22 (iii) INTERTIES.—Activities under this

23 clause consist of—

24 (I) evaluation and construction of

25 an intertie between the State Water
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1 Project California Aqueduct and the

2 Central Valley Project Delta Mendota

3 Canal, near the City of Tracy; and

4 (II) assessment of a connection

5 of the Central Valley Project to the

6 Clifton Court Forebay of the State

7 Water Project, with a corresponding

8 increase in the screened intake of the

9 Forebay.

10 (iv) PROGRAM TO MEET STAND11 ARDS.—Prior to increasing export limits

12 from the Delta for the purposes of con13 veying water to south-of-Delta Central Val14 ley Project contractors or increasing deliv15 eries through an intertie, the Secretary

16 shall, within one year of the date of enact17 ment of this title, in consultation with the

18 Governor, develop and initiate implementa19 tion of a program to meet all existing

20 water quality standards and objectives for

21 which the CVP has responsibility. In devel22 oping and implementing the program the

23 Secretary shall include, to the maximum

24 extent feasible, the following:
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1 (I) A recirculation program to

2 provide flow, reduce salinity con3 centrations in the San Joaquin River,

4 and reduce the reliance on New

5 Melones Reservoir for meeting water

6 quality and fishery flow objectives

7 through the use of excess capacity in

8 export pumping and conveyance facili9 ties.

10 (II) The Secretary shall develop

11 and implement a best management

12 practices plan to reduce the impact of

13 the discharges from wildlife refuges

14 that receive water from the federal

15 government and discharge salt or

16 other constituents into the San Joa17 quin River. Such plan shall be devel18 oped in coordination with interested

19 parties in the San Joaquin Valley and

20 the Delta. The Secretary shall also co21 ordinate activities with other entities

22 that discharge water into the San

23 Joaquin River to reduce salinity con24 centrations discharged into the River,
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1 including the timing of discharges to

2 optimize their assimilation.

3 (III) The acquisition from willing

4 sellers of water from streams tribu5 tary to the San Joaquin River or

6 other sources to provide flow, dilute

7 discharges from wildlife refuges, and

8 to improve water quality in the San

9 Joaquin River below the confluence of

10 the Merced and San Joaquin rivers

11 and to reduce the reliance on New

12 Melones Reservoir for meeting water

13 quality and fishery flow objectives.

14 (IV) Use of existing funding

15 mechanisms.--In implementing the

16 Program, the Secretary may use

17 money collected pursuant to Section

18 3407 of the Central Valley Project

19 Improvement Act (Public Law 102–

20 575; 106 Stat. 4727) to acquire from

21 voluntary sellers water from streams

22 tributary to the San Joaquin River or

23 other sources for the purposes set

24 forth in subclauses (I) through (III)

25 of clause (iv).
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1 (V) The purpose of the authority

2 and direction provided to the Sec3 retary in clause (iv) is to provide

4 greater flexibility in meeting the exist5 ing water quality standards and objec6 tives for which the Central Valley

7 Project has responsibility so as to re8 duce the demand on water from New

9 Melones Reservoir used for that pur10 pose and to allow the Secretary to

11 meet with greater frequency the Sec12 retary’s obligations to Central Valley

13 Project contractors from the New

14 Melones Project. The Secretary shall

15 update the New Melones operating

16 plan to consider, among other things,

17 the actions outlined in this Act de18 signed to reduce the reliance on new

19 Melones Reservoir for meeting water

20 quality and fishery flow objectives and

21 to insure that operation of New

22 Melones Reservoir is governed by the

23 best available science.

24 (C) WATER USE EFFICIENCY.—Activities

25 under this subparagraph consist of—
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1 (i) water conservation projects that

2 provide water supply reliability, water

3 quality,and ecosystem benefits to the Bay4 Delta system;

5 (ii) technical assistance for urban and

6 agricultural water conservation projects;

7 (iii) water recycling and desalination

8 projects, including groundwater remedi9 ation projects and projects identified in the

10 Bay Area Water Plan and the Southern

11 California Comprehensive Water Reclama12 tion and Reuse Study and other projects,

13 giving priority to projects that include re14 gional solutions to benefit regional water

15 supply and reliability needs;

16 (I) The Secretary shall review

17 any feasibility level studies for sea18 water desalination and regional brine

19 line projects that have been com20 pleted, whether or not those studies

21 were prepared with financial assist22 ance from the Secretary.

23 (II) The Secretary shall report to

24 the Congress not later than 90 days

25 after the completion of a feasibility
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1 study or the review of a feasibility

2 study. For the purposes of this Act,

3 the Secretary is authorized to provide

4 assistance for projects as set forth

5 and pursuant to the existing require6 ments of the Reclamation Wastewater

7 and Groundwater Study and Facilities

8 Act (Public Law 102–9575; title 16)

9 as amended, and Reclamation Recy10 cling and Water Conservation Act of

11 1996 (Public Law 104–266).

12 (iv) water measurement and transfer

13 actions;

14 (v) implementation of best manage15 ment practices for urban water conserva16 tion; and

17 (vi) projects identified in the Southern

18 California Comprehensive Water Reclama19 tion and Reuse Study, dated April 2001

20 and authorized by section 1606 of the Rec21 lamation Wastewater and Groundwater

22 Study and Facilities Act (43 U.S.C. 390h–

23 4); and the San Francisco Bay Area Re24 gional Water Recycling Program described

25 in the San Francisco Bay Area Regional
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1 Water Recycling Program Recycled Water

2 Master Plan, dated December 1999 and

3 authorized by section 1611 of the Rec4 lamation Wastewater and Groundwater

5 Study and Facilities Act (43 U.S.C. 390h–

6 9) are determined to be feasible.

7 (D) WATER TRANSFERS.—Activities under

8 this subparagraph consist of—

9 (i) increasing the availability of exist10 ing facilities for water transfers;

11 (ii) lowering transaction costs through

12 regulatory coordination; and

13 (iii) maintaining a water transfer in14 formation clearinghouse.

15 (E) INTEGRATED REGIONAL WATER MAN16 AGEMENT PLANS.—Activities under this sub17 paragraph consist of assisting local and regional

18 communities in the State in developing and im19 plementing integrated regional water manage20 ment plans to carry out projects and programs

21 that improve water supply reliability, water

22 quality, ecosystem restoration, and flood protec23 tion, or meet other local and regional needs, in

24 a manner that is consistent with, and makes a
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1 significant contribution to, the Calfed Bay2 Delta Program.

3 (F) ECOSYSTEM RESTORATION.—

4 (i) ACTIVITIES UNDER THIS SUBPARA5 GRAPH CONSIST OF—

6 (I) implementation of large-scale

7 restoration projects in San Francisco

8 Bay and the Delta and its tributaries;

9 (II) restoration of habitat in the

10 Delta, San Pablo Bay, and Suisun

11 Bay and Marsh, including tidal wet12 land and riparian habitat;

13 (III) fish screen and fish passage

14 improvement projects; including the

15 Sacramento River Small Diversion

16 Fish Screen Program.

17 (IV) implementation of an

18 invasive species program, including

19 prevention, control, and eradication;

20 (V) development and integration

21 of Federal and State agricultural pro22 grams that benefit wildlife into the

23 Ecosystem Restoration Program;

24 (VI) financial and technical sup25 port for locally-based collaborative
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1 programs to restore habitat while ad2 dressing the concerns of local commu3 nities;

4 (VII) water quality improvement

5 projects to manage and reduce con6 centrations of salinity, selenium, mer7 cury, pesticides, trace metals, dis8 solved oxygen, turbidity, sediment,

9 and other pollutants;

10 (VIII) land and water acquisi11 tions to improve habitat and fish

12 spawning and survival in the Delta

13 and its tributaries;

14 (IX) integrated flood manage15 ment, ecosystem restoration, and levee

16 protection projects;

17 (X) scientific evaluations and tar18 geted research on Program activities;

19 and

20 (XI) strategic planning and

21 tracking of Program performance.

22 (ii) ANNUAL ECOSYSTEM PROGRAM

23 PLAN.—

24 (I) Prior to October 1 of each

25 year, with respect to an ecosystem
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1 restoration action carried out by or

2 for the Secretary, the Secretary shall

3 submit an annual ecosystem program

4 plan report to the appropriate author5 izing and appropriating committees of

6 the Senate and the House of Rep7 resentatives. The purpose of the re8 port is to describe the projects and

9 programs to implement the activities

10 under this subsection in the following

11 fiscal year, and to establish priorities

12 for funding in subsequent years. For

13 the ecosystem program, and each eco14 system project the report shall

15 describe—

16 (aa) the goals and objec17 tives;

18 (bb) program accomplish19 ments;

20 (cc) major activities;

21 (dd) the administration re22 sponsibilities of land and water

23 areas and associated environ24 mental resources, in the affected

25 project area including an ac-
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1 counting of all habitat types.

2 Cost-share arrangements with co3 operating agencies should be in4 cluded in the report;

5 (ee) the resource data and

6 ecological monitoring data to be

7 collected for the restoration

8 projects and how the data are to

9 be integrated, streamlined, and

10 designed to measure the effec11 tiveness and overall trend of eco12 system health in the Bay-Delta

13 watershed;

14 (ff) implementation sched15 ules and budgets;

16 (gg) monitoring programs

17 and performance measures;

18 (hh) the status and effec19 tiveness of minimizing and miti20 gating the impacts of the pro21 gram on agricultural lands; and

22 (ii) a description of expected

23 benefits of the restoration pro24 gram relative to the cost.
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1 (II) For Federal projects and

2 programs to be carried out by or for

3 the Secretary not specifically identi4 fied in the annual program plans the

5 Secretary, in coordination with the

6 State, shall submit recommendations

7 on proposed plans, no later than 45

8 days prior to approval, to the Senate

9 Committee on Energy and Natural

10 Resources, the House Resources Com11 mittee, and the public. The rec12 ommendations shall—

13 (aa) describe the project se14 lection process, including the

15 level of public involvement and

16 independent science review;

17 (bb) describe the goals, ob18 jectives, and implementation

19 schedule of the projects, and the

20 extent to which the projects ad21 dress regional and programmatic

22 goals and priorities;

23 (cc) describe the monitoring

24 plans and performance measures

25 that will be used for evaluating
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1 the performance of the proposed

2 projects;

3 (dd) identify any cost-shar4 ing arrangements with cooper5 ating entities; and

6 (ee) identify how the pro7 posed projects will comply with

8 all applicable Federal and State

9 laws, including the National En10 vironmental Policy Act.

11 (III) Projects involving acquisi12 tion of private lands shall be included

13 in subsection (I) of the Annual Eco14 system Program Plan. Each project

15 identified shall—

16 (aa) describe the process

17 and timing of notification of in18 terested members of the public

19 and local governments;

20 (bb) minimize and mitigate

21 impacts on agricultural lands;

22 (cc) include preliminary

23 management plans for all prop24 erties to be acquired with Federal

25 funds. Such preliminary manage-
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1 ment plans shall include an over2 view of existing conditions, the

3 expected ecological benefits, pre4 liminary cost estimates, and im5 plementation schedules;

6 (dd) identify federal land ac7 quisition in total, by a county by

8 county basis; and

9 (ee) provide a finding of

10 consistency with all applicable

11 State and Federal law.

12 (G) WATERSHEDS.—Activities under this

13 subparagraph consist of—

14 (i) building local capacity to assess

15 and manage watersheds affecting the

16 Calfed Bay-Delta system;

17 (ii) technical assistance for watershed

18 assessments and management plans; and

19 (iii) developing and implementing lo20 cally-based watershed conservation, main21 tenance, and restoration actions.

22 (H) WATER QUALITY.—Activities under

23 this subparagraph consist of—

24 (i) addressing drainage problems in

25 the San Joaquin Valley to improve down-
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1 stream water quality (including habitat

2 restoration projects that reduce drainage

3 and improve water quality) if—

4 (I) a plan is in place for moni5 toring downstream water quality im6 provements;

7 (II) State and local agencies are

8 consulted on the activities to be fund9 ed; and

10 (III) except that no right, ben11 efit, or privilege is created as a result

12 of this clause;

13 (ii) implementation of source control

14 programs in the Delta and its tributaries;

15 (iii) developing recommendations

16 through scientific panels and advisory

17 council processes to meet the Calfed Bay18 Delta Program goal of continuous improve19 ment in Delta water quality for all uses;

20 (iv) investing in treatment technology

21 demonstration projects;

22 (v) controlling runoff into the Cali23 fornia aqueduct, the Delta-Mendota Canal,

24 and other similar conveyances;
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1 (vi) addressing water quality problems

2 at the North Bay Aqueduct;

3 (vii) supporting and participating in

4 the development of projects to enable San

5 Francisco Area water districts and water

6 entities in San Joaquin and Sacramento

7 counties to work cooperatively to address

8 their water quality and supply reliability

9 issues, including—

10 (I) connections between aque11 ducts, water transfers, water con12 servation measures, institutional ar13 rangements, and infrastructure im14 provements that encourage regional

15 approaches; and

16 (II) investigations and studies of

17 available capacity in a project to de18 liver water to the East Bay Municipal

19 Utility District under its contract with

20 the Bureau of Reclamation, dated

21 July 20, 2001, in order to determine

22 if such capacity can be used to meet

23 the objectives of this clause;

24 (viii) development of water quality ex25 changes and other programs to make high
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1 quality water available for urban and other

2 users;

3 (ix) development and implementation

4 of a plan to meet all water quality stand5 ards for which the Federal and State water

6 projects have responsibility;

7 (x) development of recommendations

8 through technical panels and advisory

9 council processes to meet the Calfed Bay10 Delta Program goal of continuous improve11 ment in water quality for all uses; and

12 (xi) projects that may meet the frame13 work of the water quality component of the

14 Calfed Bay-Delta Program.

15 (I) SCIENCE.—Activities under this sub16 paragraph consist of—

17 (i) supporting establishment and

18 maintenance of an independent science

19 board, technical panels, and standing

20 boards to provide oversight and peer review

21 of the Program;

22 (ii) conducting expert evaluations and

23 scientific. assessments of all Program ele24 ments;
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1 (iii) coordinating existing monitoring

2 and scientific research programs;

3 (iv) developing and implementing

4 adaptive management experiments to test,

5 refine, and improve scientific under6 standings;

7 (v) establishing performance meas8 ures, and monitoring and evaluating the

9 performance of all Program elements; and

10 (vi) preparing an annual science re11 port.

12 (J) DIVERSIFICATION OF WATER SUP13 PLIES.—Activities under this subparagraph con14 sist of actions to diversify sources of level 2 ref15 uge supplies and modes of delivery to refuges

16 while maintaining the diversity of level 4 sup17 plies pursuant to Central Valley Project Im18 provement Act section 3406(d)(2), Public Law

19 102–575 (106 Stat. 4723).

20 (6) NEW AND EXPANDED AUTHORIZATIONS FOR

21 FEDERAL AGENCIES.—

22 (A) SECRETARY OF THE INTERIOR.—The

23 Secretary of the Interior is authorized to carry

24 out the activities described in subparagraphs

25 (A) , (B), (C) and (D) of paragraph (7) during
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1 each of fiscal years 2005 through 2008, in co2 ordination with the State of California.

3 (B) THE ADMINISTRATOR OF THE ENVI4 RONMENTAL PROTECTION AGENCY AND THE

5 SECRETARY OF THE ARMY.—The Administrator

6 of the Environmental Protection Agency and

7 the Secretary of the Army may carry out activi8 ties described in subparagraph (D) of para9 graph 7 during each of fiscal years 2005

10 through 2008, in coordination with the State of

11 California.

12 (C) THE SECRETARIES OF AGRICULTURE

13 AND COMMERCE.—The Secretary of Commerce,

14 and the Department of Agriculture, are author15 ized to carry out the activities described in

16 paragraph (7)(D) during each of fiscal years

17 2005 through 2008, in coordination with the

18 State of California.

19 (7) DESCRIPTION OF ACTIVITIES UNDER NEW

20 AND EXPANDED AUTHORIZATIONS.—

21 (A) CONVEYANCE.—Of the amounts au22 thorized to be appropriated under section 109,

23 not more than $184,000,000 may be expended

24 for the following:
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1 (i) Feasibility studies, evaluation, and

2 implementation of the San Luis Reservoir

3 lowpoint improvement project and in4 creased capacity of the intertie between the

5 SWP California Aqueduct and the CVP

6 Delta Mendota Canal, near the City of

7 Tracy.

8 (ii) Feasibility studies and actions at

9 Franks Tract to improve water quality in

10 the Delta.

11 (iii) Feasibility studies and design of

12 fish screen and intake facilities at Clifton

13 Court Forebay and the Tracy Pumping

14 Plant facilities.

15 (iv) Design and construction of the re16 location of drinking water intake facilities

17 to delta water users. The Secretary shall

18 coordinate actions for relocating intake fa19 cilities on a time schedule consistent with

20 subparagraph (5)(B)(i)(I)(bb) or other ac21 tions necessary to offset the degradation of

22 drinking water quality in the Delta due to

23 the South Delta Improvement Program.

24 (v) In addition to the other authoriza25 tions granted to the Secretary by this title,
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1 the Secretary shall acquire water from will2 ing sellers and undertake other actions de3 signed to decrease releases from New

4 Melones Reservoir for meeting water qual5 ity standards and flow objectives for which

6 the Central Valley Project has responsi7 bility in order to meet allocations to Cen8 tral Valley Project contractors from the

9 New Melones Project. The authorization

10 under this provision is solely meant to add

11 flexibility for the Secretary to meet the

12 Secretary’s obligation to the Central Valley

13 Project contractors from the New Melones

14 Project by reducing demand for water

15 dedicated to meeting water quality stand16 ards in the San Joaquin River. Of the

17 amounts authorized to be appropriated

18 under paragraph (7)(A), not more than

19 $15,260,000 may be expended for this pur20 pose.

21 (B) ENVIRONMENTAL WATER ACCOUNT.—

22 Of the amounts authorized to be appropriated

23 under section 109, not more than $90,000,000

24 may be expended for implementation of the En25 vironmental Water Account; Provided That
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1 such expenditures shall be considered a non2 reimbursable Federal expenditure.

3 (C) LEVEE STABILITY.—Of the amounts

4 authorized to be appropriated under section

5 109, not more than $90,000,000 may be ex6 pended for—

7 (i) reconstructing Delta levees to a

8 base level of protection;

9 (ii) enhancing the stability of levees

10 that have particular importance in the sys11 tem through the Delta Levee Special Im12 provement Projects program;

13 (iii) developing best management

14 practices to control and reverse land sub15 sidence on Delta islands;

16 (iv) refining the Delta Emergency

17 Management Plan;

18 (v) developing a Delta Risk Manage19 ment Strategy after assessing the con20 sequences of Delta levee failure from

21 floods, seepage, subsidence, and earth22 quakes;

23 (vi) developing a strategy for reuse of

24 dredged materials on Delta islands; and
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1 (vii) evaluating, and where appro2 priate, rehabilitating the Suisun Marsh lev3 ees.

4 (D) PROGRAM MANAGEMENT, OVERSIGHT,

5 AND COORDINATION.—Of the amounts author6 ized to be appropriated under section 109, not

7 more than $25,000,000 may be expended by

8 the Secretary or the other heads of Federal

9 agencies, either directly or through grants, con10 tracts, or cooperative agreements with agencies

11 of the State, for—

12 (i) program support;

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

15 (iii) multiagency oversight and coordi16 nation of Program activities to ensure Pro17 gram balance and integration;

18 (iv) 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 (v) coordination of public outreach

24 and involvement, including tribal, environ25 mental justice, and public advisory activi-
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1 ties in accordance with the Federal Advi2 sory Committee Act (5 U.S.C. App.); and

3 (vi) development of Annual Reports.

4 SEC. 104. MANAGEMENT.

5 (a) COORDINATION.—In carrying out the Calfed Bay6 Delta Program, the Federal agencies shall coordinate their

7 activities with the State agencies.

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

9 Calfed Bay-Delta Program, the Federal agencies shall co10 operate with local and tribal governments and the public

11 through an advisory committee established in accordance

12 with the Federal Advisory Committee Act (5 U.S.C. App.)

13 and other appropriate means, to seek input on Program

14 elements such as planning, design, technical assistance,

15 and development of peer review science programs.

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

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

18 maximum extent practicable, that—

19 (1) all major aspects of implementing the Pro20 gram are subjected to credible and objective sci21 entific review; and

22 (2) major decisions are based upon the best

23 available scientific information.

24 (d) ENVIRONMENTAL JUSTICE.—The Federal agen25 cies and State agencies, consistent with Executive Order
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1 12898 (59 FR Fed. Reg. 7629), should continue to col2 laborate to—

3 (1) develop a comprehensive environmental jus4 tice workplan for the Calfed Bay-Delta Program;

5 and

6 (2) fulfill the commitment to addressing envi7 ronmental justice challenges referred to in the

8 Calfed Bay-Delta Program Environmental Justice

9 Workplan, dated December 13, 2000.

10 (e) LAND ACQUISITION.—Federal funds appropriated

11 by Congress specifically for implementation of the Calfed

12 Bay-Delta Program may be used to acquire fee title to

13 land only where consistent with the Record of Decision

14 and section 103(b)(5)(F)(ii)(I)(jj).

15 (f) AGENCIES’ DISCRETION.—This title shall not af16 fect the discretion of any of the Federal agencies or the

17 State agencies or the authority granted to any of the Fed18 eral agencies or State agencies by any other Federal or

19 State law.

20 (g) NO NEW AUTHORITY.—The United States Envi21 ronmental Protection Agency and the United States Army

22 Corps of Engineers.—

23 (1) IN GENERAL.—Nothing in this title confers

24 any new authority, except as provided under section

25 103(b)(7)(D) to the United States Environmental
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1 Protection Agency and the United States Army

2 Corps of Engineers.

3 (2) COORDINATION.—In carrying out activities

4 identified in the Record of Decision under authori5 ties provided under other provisions of law, the

6 United States Environmental Protection Agency and

7 the United States army Corps of Engineers shall co8 ordinate such activities with Federal agencies and

9 State agencies.

10 (h) GOVERNANCE.—

11 (1) IN GENERAL.—In carrying out the Calfed

12 Bay-Delta Program, the Secretary and the Federal

13 agency heads may participate as nonvoting members

14 of the California Bay-Delta Authority, as established

15 in the California Bay-Delta Authority Act (Cal.

16 Water Code 79400 et seq.), to the extent consistent

17 with Federal law, for the full duration of the period

18 the Authority continues to be authorized by State

19 law.

20 SEC. 105. REPORTING REQUIREMENTS.

21 (a) REPORT.—

22 (1) IN GENERAL.—Not later than February 15

23 of each year, the Secretary, in cooperation with the

24 Governor, shall submit to the appropriate author-
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1 izing and appropriating Committees of the Senate

2 and the House of Representatives a report that—

3 (A) describes the status of implementation

4 of all components of the Calfed Bay-Delta Pro5 gram;

6 (B) sets forth any written determination

7 resulting from the review required under sub8 section (b); and

9 (C) includes any revised schedule prepared

10 under subsection (b).

11 (2) CONTENTS.—The report required under

12 paragraph (1) shall describe—

13 (A) the progress of the Calfed Bay-Delta

14 Program in meeting the implementation sched15 ule for the Program in a manner consistent

16 with the Record of Decision;

17 (B) the status of implementation of all

18 components of the Program;

19 (C) expenditures in the past fiscal year for

20 implementing the Program;

21 (D) accomplishments during the past fiscal

22 year in achieving the objectives of additional

23 and improved—

24 (i) water storage, including water

25 yield;
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1 (ii) water quality; including the

2 progress in achieving the water supply tar3 gets as described in Section 2.2.4 of the

4 Record of Decision, the environmental

5 water account requirements as described in

6 Section 2.2.7, and the water quality tar7 gets as described in Section 2.2.9, and any

8 pending actions that may affect the ability

9 of the Calfed Bay-Delta Program to

10 achieve those targets and requirements;

11 (iii) water use efficiency;

12 (iv) ecosystem restoration;

13 (v) watershed management;

14 (vi) levee system integrity;

15 (vii) water transfers;

16 (viii) water conveyance; and

17 (ix) water supply reliability;

18 (E) program goals, current schedules, and

19 relevant financing agreements;

20 (F) progress on—

21 (i) storage projects;

22 (ii) conveyance improvements;

23 (iii) levee improvements;

24 (iv) water quality projects; and

25 (v) water use efficiency programs;
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1 (G) completion of key projects and mile2 stones identified in the Ecosystem Restoration

3 Program; including progress on project effec4 tiveness, monitoring, and accomplishments;

5 (H) development and implementation of

6 local programs for watershed conservation and

7 restoration;

8 (I) progress in improving water supply reli9 ability and implementing the Environmental

10 Water Account;

11 (J) achievement of commitments under the

12 Endangered Species Act of 1973 (16 U.S.C.

13 1531 et seq.) and endangered species law of the

14 State;

15 (K) implementation of a comprehensive

16 science program;

17 (L) progress toward acquisition of the

18 Federal and State permits (including permits

19 under section 404(a) of the Federal Water Pol20 lution Control Act (33 U.S.C. 1344(a))) for im21 plementation of projects in all identified Pro22 gram areas;

23 (M) progress in achieving benefits in all

24 geographic regions covered by the Program;

25 (N) legislative action on—
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1 (i) water transfer;

2 (ii) groundwater management;

3 (iii) water use efficiency; and

4 (iv) governance issues;

5 (O) the status of complementary actions;

6 (P) the status of mitigation measures;

7 (Q) revisions to funding commitments and

8 Program responsibilities; and

9 (R) a list of all existing authorities, includ10 ing the authorities listed in section 103(b)(4)

11 provided by the relevant Federal agency, under

12 which the Secretary or the heads of the Federal

13 agencies may carry out the purposes of this

14 title.

15 (b) ANNUAL REVIEW OF PROGRESS AND

16 BALANCE.—

17 (1) IN GENERAL.—Not later than November 15

18 of each year, the Secretary, in cooperation with the

19 Governor, shall review progress in implementing the

20 Calfed Bay-Delta Program based on—

21 (A) consistency with the Record of Deci22 sion; and

23 (B) balance in achieving the goals and ob24 jectives of the Calfed Bay-Delta Program.
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1 (2) REVISED SCHEDULE.—If, at the conclusion

2 of each such annual review or if a timely annual re3 view is not undertaken, the Secretary, or the Gov4 ernor, determine in writing that either the Program

5 implementation schedule has not been substantially

6 adhered to, or that balanced progress in achieving

7 the goals and objectives of the Program is not occur8 ring, the Secretary, in coordination with the Gov9 ernor and the Bay-Delta Public Advisory Committee,

10 shall prepare a revised schedule to achieve balanced

11 progress in all Calfed Bay-Delta Program elements

12 consistent with the Record of Decision.

13 (c) FEASIBILITY STUDIES.—Any feasibility studies

14 completed as a result of this title shall include identifica15 tion of project benefits and a cost allocation plan con16 sistent with the beneficiaries pay provisions of the Record

17 of Decision.

18 SEC. 106. CROSSCUT BUDGET.

19 (a) IN GENERAL.—The President’s budget shall in20 clude such requests as the President considers necessary

21 and appropriate for the level of funding for each of the

22 Federal agencies to carry out its responsibilities under the

23 Calfed Bay-Delta Program.

24 (b) REQUESTS BY FEDERAL AGENCIES.—The funds

25 shall be requested for the Federal agency with authority
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1 and programmatic responsibility for the obligation of the

2 funds, in accordance with paragraphs (2) through (5) of

3 section 103(b).

4 (c) REPORT.—Not later than 30 days after the sub5 mission of the budget of the President to Congress, the

6 Director of the Office of Management and Budget, in co7 ordination with the Governor, shall submit to the appro8 priate authorizing and appropriating committees of the

9 Senate and the House of Representatives a financial re10 port certified by the Secretary containing—

11 (1) an interagency budget crosscut report

12 that—

13 (A) displays the budget proposed, including

14 any interagency or intra-agency transfer, for

15 each of the Federal agencies to carry out the

16 Calfed Bay-Delta Program for the upcoming

17 fiscal year, separately showing funding re18 quested under both pre-existing authorities and

19 under the new authorities granted by this title;

20 and

21 (B) identifies all expenditures since 1998

22 by the Federal and State governments to

23 achieve the objectives of the Calfed Bay-Delta

24 Program;
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1 (2) a detailed accounting of all funds received

2 and obligated by all Federal agencies and State

3 agencies responsible for implementing the Calfed

4 Bay-Delta Program during the previous fiscal year;

5 (3) a budget for the proposed projects (includ6 ing a description of the project, authorization level,

7 and project status) to be carried out in the upcom8 ing fiscal year with the Federal portion of funds for

9 activities under section 103(b); and

10 (4) a listing of all projects to be undertaken in

11 the upcoming fiscal year with the Federal portion of

12 funds for activities under section 103(b).

13 SEC. 107. FEDERAL SHARE OF COSTS.

14 (a) IN GENERAL .—The Federal share of the cost

15 of implementing the Calfed Bay-Delta Program for fiscal

16 years 2005 through 2008 in the aggregate, as set forth

17 in the Record of Decision, shall not exceed 33.3 percent.

18 (b) CALFED BAY-DELTA PROGRAM BENE19 FICIARIES.—The Secretary shall ensure that all bene20 ficiaries, including the environment, shall pay for benefits

21 received from all projects or activities carried out under

22 the Calfed Bay-Delta Program. This requirement shall not

23 be limited to storage and conveyance projects and shall

24 be implemented so as to encourage integrated resource

25 planning.
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1 SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

2 Nothing in this title—

3 (1) invalidates or preempts State water law or

4 an interstate compact governing water;

5 (2) alters the rights of any State to any appro6 priated share of the waters of any body of surface

7 or ground water;

8 (3) preempts or modifies any State or Federal

9 law or interstate compact governing water quality or

10 disposal;

11 (4) confers on any non-Federal entity the abil12 ity to exercise any Federal right to the waters of any

13 stream or to any ground water resource; and

14 (5) alters or modified any provision of existing

15 Federal law, except as specifically provided in this

16 title.

17 SEC. 109. AUTHORIZATION OF APPROPRIATION.

18 There are authorized to be appropriated to the Sec19 retary and the heads of the Federal agencies to pay the

20 Federal share of the cost of carrying out the new and ex21 panded authorities described in paragraphs (6) and (7)

22 of section 103(b), $389,000,000 for the period of fiscal

23 years 2005 through 2008, to remain available until ex24 pended.
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1 TITLE II—SALTON SEA STUDY

2 PROGRAM

3 SEC. 201. SALTON SEA STUDY PROGRAM.

4 (a) IN GENERAL.—The Secretary of the Interior shall

5 conduct a study to determine the feasibility of reclaiming

6 the Salton Sea.

7 (b) REQUIREMENTS.—The study referred to in sub8 section (a) shall consider each of the following:

9 (1) Appraisal investigations.

10 (2) Feasibility studies.

11 (3) Environmental Reports.

12 (4) Cost sharing responsibilities.

13 (5) Responsibility for operation and mainte14 nance.

15 (c) REPORT TO CONGRESS.—The Secretary shall

16 submit to Congress the study developed under this section

17 no later than 1 year after the date of enactment.

Passed the House of Representatives July 9, 2004.

Attest:

Clerk.