II 

Calendar No. 640 

108TH CONGRESS 

2D SESSION H. R. 2828 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2004 

Received 

JULY 16, 2004 

Read twice and placed on the calendar 

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, includ6 ing— 

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, includ20 ing— 

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 bal15 anced 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 de15 scribe— 

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 BAL16 ANCE.— 

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: JEFF TRANDAHL, 

Clerk. 

Calendar No. 640 

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 

JULY 16, 2004 

Read twice and placed on the calendar