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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Supply, Reliability, and 
Environmental Improvement Act''.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``California Water Security and 
Environmental Enhancement Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Calfed bay-delta program.--The terms ``Calfed Bay-Delta 
        Program'' and ``Program'' mean the programs, projects, 
        complementary actions, and activities undertaken through 
        coordinated planning, implementation, and assessment activities 
        of the State and Federal Agencies in a manner consistent with 
        the Record of Decision.
            (2) California bay-delta authority.--The terms ``California 
        Bay-Delta Authority'' and ''Authority'' mean the California 
        Bay-Delta Authority, as set forth in the California Bay-Delta 
        Authority Act (Cal. Water Code 79400 et seq.).
            (3) Environmental water account.--The term ``Environmental 
        Water Account'' means the cooperative management program 
        established under the Record of Decision.
            (4) Federal agencies.--The term ``Federal agencies'' 
        means--
                    (A) the Department of the Interior, including--
                            (i) the Bureau of Reclamation;
                            (ii) the United States Fish and Wildlife 
                        Service:
                            (iii) the Bureau of Land Management; and
                            (iv) the United States Geological Survey;
                    (B) the Environmental Protection Agency;
                    (C) the Army Corps of Engineers;
                    (D) the Department of Commerce, including the 
                National Marine Fisheries service (also known as ``NOAA 
                Fisheries'');
                    (E) the Department of Agriculture, including--
                            (i) the Natural Resources Conservation 
                        Service;
                            (ii) the Forest Service; and
                    (F) the Western Area Power Administration.
            (5) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (6) Record of decision.--The term ``Record of Decision'' 
        means the Calfed Bay-Delta Program Record of Decision, dated 
        August 28, 2000.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of 
        California.
            (9) State agencies.--The term ``State agencies'' means the 
        California State agencies that are signatories to Attachment 3 
        of the Record of Decision.
            (10) Water yield.--The term ``water yield'' means a new 
        quantity of water in storage that is reliably available in 
        critically dry years for beneficial uses.

SEC. 103. BAY DELTA PROGRAM.

    (a) In General.--
            (1) Record of decision as general framework.--The Record of 
        Decision is approved as a general framework for addressing the 
        Calfed Bay-Delta Program, including its components relating to 
        water storage and water yield, ecosystem restoration, water 
        supply reliability, conveyance, water use efficiency, water 
        quality, water transfers, watersheds, the Environmental Water 
        Account, levee stability, governance, and science.
            (2) Requirements.--In General.-- The Secretary and the 
        heads of the Federal agencies are authorized to carry out the 
        activities under this title consistent with--
                    (A) the Record of Decision; and
                    (B) the requirement that Program activities 
                consisting of protecting drinking water quality, 
                restoring ecological health, improving water supply 
                reliability (including additional storage and 
                conveyance) and water yield, and protecting Delta 
                levees will progress in a balanced manner.
    (b) Authorized Activities.--
            (1) In general.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out the activities described 
        in paragraphs (2) through (5) in furtherance of the Calfed Bay-
        Delta Program as set forth in the Record of Decision, subject 
        to the cost-share and other provisions of this title, if the 
        activity has been--
                    (A) subject to environmental review and approval, 
                as required under applicable Federal and State law; and
                    (B) approved and certified by the relevant Federal 
                agency to be consistent with the Record of Decision and 
                within the scope of the agency's authority under 
                existing law.
            (2) Multiple benefit projects favored.--In selecting 
        projects and programs for increasing water yield and water 
        supply, improving water quality, and enhancing environmental 
        benefits, projects and programs with multiple benefits shall be 
        emphasized.
            (3) Balance.--The Secretary shall ensure that all elements 
        of the Calfed Bay-Delta Program need to be completed and 
        operated cooperatively to maintain the balanced progress in all 
        Calfed Bay-Delta Program areas.
            (4) Authorizations for federal agencies under applicable 
        law.--
                    (A) Secretary of the interior.--The Secretary of 
                the Interior is authorized to carry out the activities 
                described in subparagraphs (A) through (J) of paragraph 
                (5), to the extent authorized under the reclamation 
                laws, the Central Valley Project Improvement Act (title 
                XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
                and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), and other applicable law.
                    (B) The administrator of the environmental 
                protection agency.--The Administrator of the 
                Environmental Protection Agency may carry out the 
                activities described in subparagraphs (C), (E), (F), 
                (G), (H), and (I) of paragraph (5), in furtherance of 
                the Calfed Bay-Delta program, to the extent authorized 
                under the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.), the Safe Drinking Water Act (42 
                U.S.C. 300f et seq.), and other laws in effect on the 
                day before the date of enactment of this title.
                    (C) The secretary of the army.--The Secretary of 
                the Army may carry out the activities described in 
                subparagraphs (B), (F), (G), (H), and (I) of paragraph 
                (5), in furtherance of the CALFED Bay-Delta Program, to 
                the extent authorized under flood control, water 
                resource development, and other laws in effect on the 
                day before the date of enactment of this title.
                    (D) Secretary of commerce.--The Secretary of 
                Commerce is authorized to carry out the activities 
                described in subparagraphs (B), (F), (G), and (I) of 
                paragraph (5), to the extent authorized under the Fish 
                and Wildlife Coordination Act (16 U.S.C. 661 et seq.), 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), and other applicable law.
                    (E) Secretary of agriculture.--The Secretary of 
                Agriculture is authorized to carry out the activities 
                described in subparagraphs (C), (E), (F), (G), (H), and 
                (I) of paragraph (5), to the extent authorized under 
                title XII of the Food Security Act of 1985 (16 U.S.C. 
                3801 et seq.), the Farm Security and Rural Investment 
                Act of 2002 (Public Law 107-171; 116 Stat. 134) 
                (including amendments made by that Act), and other 
                applicable law.
            (5) Description of activities under existing 
        authorizations.--
                    (A) Water storage and water yield.--Activities 
                under this subparagraph consist of--
                            (i) Feasibility studies and resolution.--
                                    (I) For purposes of implementing 
                                the Calfed Bay-Delta Program, the 
                                Secretary is authorized to undertake 
                                all necessary planning activities and 
                                feasibility studies required for the 
                                development of recommendations by the 
                                Secretary to Congress on the 
                                construction and implementation of 
                                specific water supply and water yield 
                                projects, and to conduct comprehensive 
                                water management planning.
                                    (II) Feasibility studies 
                                requirements.--All feasibility studies 
                                completed for storage projects as a 
                                result of this section shall include 
                                identification of project benefits and 
                                beneficiaries and a cost allocation 
                                plan consistent with the benefits to be 
                                received, for both governmental and 
                                non-governmental entities.
                                    (III) Disapproval resolution.--If 
                                the Secretary determines a project to 
                                be feasible, and meets the requirements 
                                under subparagraph (II), the report 
                                shall be submitted to Congress. If 
                                Congress does not pass a disapproval 
                                resolution of the feasibility study 
                                during the first 120 days before 
                                Congress (not including days on which 
                                either the House of Representatives or 
                                the Senate is not in session because of 
                                an adjournment of more than three 
                                calendar days to a day certain) the 
                                project shall be authorized, subject to 
                                appropriations.
                            (ii) Water supply and water yield study.--
                        The Secretary, acting through the Bureau of 
                        Reclamation and in consultation with the State, 
                        shall conduct a study of available water 
                        supplies and water yield and existing demand 
                        and future needs for water--
                                    (I) within the units of the Central 
                                Valley Project;
                                    (II) within the area served by 
                                Central Valley Project agricultural 
                                water service contractors and municipal 
                                and industrial water service 
                                contractors; and
                                    (III) within the Bay-Delta solution 
                                area.
                            (iii) Relationship to prior study.--The 
                        study under clause (ii) shall incorporate and 
                        revise as necessary the study required by 
                        section 3408(j) of the Central Valley Project 
                        Improvement Act of 1992 (Public Law 102-575).
                            (iv) Management.--The Secretary shall 
                        conduct activities related to developing 
                        groundwater storage projects to the extent 
                        authorized under existing law.
                            (v) Comprehensive water planning.--The 
                        Secretary shall conduct activities related to 
                        comprehensive water management planning to the 
                        extent authorized under existing law.
                            (vi) Report.--The Secretary shall submit a 
                        report to the congressional authorizing 
                        committees by not later than 180 days after the 
                        State's completion of the updated Bulletin 160 
                        describing the following:
                                    (I) Water yield and water supply 
                                improvements, if any, for Central 
                                Valley Project agricultural water 
                                service contractors and municipal and 
                                industrial water service contractors, 
                                including those identified in Bulletin 
                                160.
                                    (II) All water management actions 
                                or projects, including those identified 
                                in Bulletin 160, that would improve 
                                water yield or water supply and that, 
                                if taken or constructed, would balance 
                                available water supplies and existing 
                                demand for those contractors and other 
                                water users of the Bay-Delta watershed 
                                with due recognition of water right 
                                priorities and environmental needs.
                                    (III) The financial costs of the 
                                actions and projects described under 
                                clause (II).
                                    (IV) The beneficiaries of those 
                                actions and projects and an assessment 
                                of their willingness to pay the capital 
                                costs and operation and maintenance 
                                costs thereof.
                    (B) Conveyance.--
                            (i) South delta actions.--In the case of 
                        the South Delta, activities under this clause 
                        consist of the following:
                                    (I) The South Delta Improvement 
                                Program through actions to accomplish 
                                the following:
                                            (aa) Increase the State 
                                        Water Project export limit to 
                                        8,500 cfs.
                                            (bb) Install permanent, 
                                        operable barriers in the south 
                                        Delta. The Federal Agencies 
                                        shall cooperate with the State 
                                        to accelerate installation of 
                                        the permanent, operable 
                                        barriers in the south Delta, 
                                        with the intent to complete 
                                        that installation not later 
                                        than the end of fiscal year 
                                        2007.
                                            (cc) Increase the State 
                                        Water Project export to the 
                                        maximum capability of 10,300 
                                        cfs.
                                    (II) Reduction of agricultural 
                                drainage in south Delta channels, and 
                                other actions necessary to minimize the 
                                impact of drainage on drinking water 
                                quality.
                                    (III) Evaluation of lower San 
                                Joaquin River floodway improvements.
                                    (IV) Installation and operation of 
                                temporary barriers in the south Delta 
                                until fully operable barriers are 
                                constructed.
                                    (V) Actions to protect navigation 
                                and local diversions not adequately 
                                protected by temporary barriers.
                                    (VI) Actions to increase pumping 
                                shall be accomplished in a manner 
                                consistent with applicable California 
                                and Federal law protecting--
                                            (aa) deliveries to, costs 
                                        of, and water supplies for in-
                                        delta water users, including 
                                        in-delta agricultural users 
                                        that have historically relied 
                                        on water diverted for use in 
                                        the Delta;
                                            (bb) the quality of water 
                                        for existing municipal, 
                                        industrial, and agricultural 
                                        uses;
                                            (cc) water supplies for 
                                        areas of origin; and
                                            (dd) Delta dependent native 
                                        fish species.
                            (ii) North delta actions.--In the case of 
                        the North Delta, activities under this clause 
                        consist of--
                                    (I) evaluation and implementation 
                                of improved operational procedures for 
                                the Delta Cross Channel to address 
                                fishery and water quality concerns;
                                    (II) evaluation of a screened 
                                through-Delta facility on the 
                                Sacramento River; and
                                    (III) evaluation of lower Mokelumne 
                                River floodway improvements.
                            (iii) Interties.--Activities under this 
                        clause consist of--
                                    (I) evaluation and construction of 
                                an intertie between the State Water 
                                Project California Aqueduct and the 
                                Central Valley Project Delta Mendota 
                                Canal, near the City of Tracy; and
                                    (II) assessment of a connection of 
                                the Central Valley Project to the 
                                Clifton Court Forebay of the State 
                                Water Project, with a corresponding 
                                increase in the screened intake of the 
                                Forebay.
                            (iv) Program to meet standards.--Prior to 
                        increasing export limits from the Delta for the 
                        purposes of conveying water to south-of-Delta 
                        Central Valley Project contractors or 
                        increasing deliveries through an intertie, the 
                        Secretary shall, within one year of the date of 
                        enactment of this title, in consultation with 
                        the Governor, develop and initiate 
                        implementation of a program to meet all 
                        existing water quality standards and objectives 
                        for which the CVP has responsibility. In 
                        developing and implementing the program the 
                        Secretary shall include, to the maximum extent 
                        feasible, the following:
                                    (I) A recirculation program to 
                                provide flow, reduce salinity 
                                concentrations in the San Joaquin 
                                River, and reduce the reliance on New 
                                Melones Reservoir for meeting water 
                                quality and fishery flow objectives 
                                through the use of excess capacity in 
                                export pumping and conveyance 
                                facilities.
                                    (II) The Secretary shall develop 
                                and implement a best management 
                                practices plan to reduce the impact of 
                                the discharges from wildlife refuges 
                                that receive water from the federal 
                                government and discharge salt or other 
                                constituents into the San Joaquin 
                                River. Such plan shall be developed in 
                                coordination with interested parties in 
                                the San Joaquin Valley and the Delta. 
                                The Secretary shall also coordinate 
                                activities with other entities that 
                                discharge water into the San Joaquin 
                                River to reduce salinity concentrations 
                                discharged into the River, including 
                                the timing of discharges to optimize 
                                their assimilation.
                                    (III) The acquisition from willing 
                                sellers of water from streams tributary 
                                to the San Joaquin River or other 
                                sources to provide flow, dilute 
                                discharges from wildlife refuges, and 
                                to improve water quality in the San 
                                Joaquin River below the confluence of 
                                the Merced and San Joaquin rivers and 
                                to reduce the reliance on New Melones 
                                Reservoir for meeting water quality and 
                                fishery flow objectives.
                                    (IV) Use of existing funding 
                                mechanisms.--In implementing the 
                                Program, the Secretary may use money 
                                collected pursuant to Section 3407 of 
                                the Central Valley Project Improvement 
                                Act (Public Law 102-575; 106 Stat. 
                                4727) to acquire from voluntary sellers 
                                water from streams tributary to the San 
                                Joaquin River or other sources for the 
                                purposes set forth in subclauses (I) 
                                through (III) of clause (iv).
                                    (V) The purpose of the authority 
                                and direction provided to the Secretary 
                                in clause (iv) is to provide greater 
                                flexibility in meeting the existing 
                                water quality standards and objectives 
                                for which the Central Valley Project 
                                has responsibility so as to reduce the 
                                demand on water from New Melones 
                                Reservoir used for that purpose and to 
                                allow the Secretary to meet with 
                                greater frequency the Secretary's 
                                obligations to Central Valley Project 
                                contractors from the New Melones 
                                Project. The Secretary shall update the 
                                New Melones operating plan to consider, 
                                among other things, the actions 
                                outlined in this Act designed to reduce 
                                the reliance on new Melones Reservoir 
                                for meeting water quality and fishery 
                                flow objectives and to insure that 
                                operation of New Melones Reservoir is 
                                governed by the best available science.
                    (C) Water use efficiency.--Activities under this 
                subparagraph consist of--
                            (i) water conservation projects that 
                        provide water supply reliability, water 
                        quality,and ecosystem benefits to the Bay-Delta 
                        system;
                            (ii) technical assistance for urban and 
                        agricultural water conservation projects;
                            (iii) water recycling and desalination 
                        projects, including groundwater remediation 
                        projects and projects identified in the Bay 
                        Area Water Plan and the Southern California 
                        Comprehensive Water Reclamation and Reuse Study 
                        and other projects, giving priority to projects 
                        that include regional solutions to benefit 
                        regional water supply and reliability needs;
                                    (I) The Secretary shall review any 
                                feasibility level studies for seawater 
                                desalination and regional brine line 
                                projects that have been completed, 
                                whether or not those studies were 
                                prepared with financial assistance from 
                                the Secretary.
                                    (II) The Secretary shall report to 
                                the Congress not later than 90 days 
                                after the completion of a feasibility 
                                study or the review of a feasibility 
                                study. For the purposes of this Act, 
                                the Secretary is authorized to provide 
                                assistance for projects as set forth 
                                and pursuant to the existing 
                                requirements of the Reclamation 
                                Wastewater and Groundwater Study and 
                                Facilities Act (Public Law 102-9575; 
                                title 16) as amended, and Reclamation 
                                Recycling and Water Conservation Act of 
                                1996 (Public Law 104-266).
                            (iv) water measurement and transfer 
                        actions;
                            (v) implementation of best management 
                        practices for urban water conservation;- and
                            (vi) projects identified in the Southern 
                        California Comprehensive Water Reclamation and 
                        Reuse Study, dated April 2001 and authorized by 
                        section 1606 of the Reclamation Wastewater and 
                        Groundwater Study and Facilities Act (43 U.S.C. 
                        390h-4); and the San Francisco Bay Area 
                        Regional Water Recycling Program described in 
                        the San Francisco Bay Area Regional Water 
                        Recycling Program Recycled Water Master Plan, 
                        dated December 1999 and authorized by section 
                        1611 of the Reclamation Wastewater and 
                        Groundwater Study and Facilities Act (43 U.S.C. 
                        390h-9) are determined to be feasible.
                    (D) Water transfers.--Activities under this 
                subparagraph consist of--
                            (i) increasing the availability of existing 
                        facilities for water transfers;
                            (ii) lowering transaction costs through 
                        regulatory coordination; and
                            (iii) maintaining a water transfer 
                        information clearinghouse.
                    (E) Integrated regional water management plans.--
                Activities under this subparagraph consist of assisting 
                local and regional communities in the State in 
                developing and implementing integrated regional water 
                management plans to carry out projects and programs 
                that improve water supply reliability, water quality, 
                ecosystem restoration, and flood protection, or meet 
                other local and regional needs, in a manner that is 
                consistent with, and makes a significant contribution 
                to, the Calfed Bay-Delta Program.
                    (F) Ecosystem restoration.--
                            (i) Activities under this subparagraph 
                        consist of--
                                    (I) implementation of large-scale 
                                restoration projects in San Francisco 
                                Bay and the Delta and its tributaries;
                                    (II) restoration of habitat in the 
                                Delta, San Pablo Bay, and Suisun Bay 
                                and Marsh, including tidal wetland and 
                                riparian habitat;
                                    (III) fish screen and fish passage 
                                improvement projects; including the 
                                Sacramento River Small Diversion Fish 
                                Screen Program.
                                    (IV) implementation of an invasive 
                                species program, including prevention, 
                                control, and eradication;
                                    (V) development and integration of 
                                Federal and State agricultural programs 
                                that benefit wildlife into the 
                                Ecosystem Restoration Program;
                                    (VI) financial and technical 
                                support for locally-based collaborative 
                                programs to restore habitat while 
                                addressing the concerns of local 
                                communities;
                                    (VII) water quality improvement 
                                projects to manage and reduce 
                                concentrations of salinity, selenium, 
                                mercury, pesticides, trace metals, 
                                dissolved oxygen, turbidity, sediment, 
                                and other pollutants;
                                    (VIII) land and water acquisitions 
                                to improve habitat and fish spawning 
                                and survival in the Delta and its 
                                tributaries;
                                    (IX) integrated flood management, 
                                ecosystem restoration, and levee 
                                protection projects;
                                    (X) scientific evaluations and 
                                targeted research on Program 
                                activities; and
                                    (XI) strategic planning and 
                                tracking of Program performance.
                            (ii) Annual ecosystem program plan.--
                                    (I) Prior to October 1 of each 
                                year, with respect to an ecosystem 
                                restoration action carried out by or 
                                for the Secretary, the Secretary shall 
                                submit an annual ecosystem program plan 
                                report to the appropriate authorizing 
                                and appropriating committees of the 
                                Senate and the House of 
                                Representatives. The purpose of the 
                                report is to describe the projects and 
                                programs to implement the activities 
                                under this subsection in the following 
                                fiscal year, and to establish 
                                priorities for funding in subsequent 
                                years. For the ecosystem program, and 
                                each ecosystem project the report shall 
                                describe--
                                            (aa) the goals and 
                                        objectives;
                                            (bb) program 
                                        accomplishments;
                                            (cc) major activities;
                                            (dd) the administration 
                                        responsibilities of land and 
                                        water areas and associated 
                                        environmental resources, in the 
                                        affected project area including 
                                        an accounting of all habitat 
                                        types. Cost-share arrangements 
                                        with cooperating agencies 
                                        should be included in the 
                                        report;
                                            (ee) the resource data and 
                                        ecological monitoring data to 
                                        be collected for the 
                                        restoration projects and how 
                                        the data are to be integrated, 
                                        streamlined, and designed to 
                                        measure the effectiveness and 
                                        overall trend of ecosystem 
                                        health in the Bay-Delta 
                                        watershed;
                                            (ff) implementation 
                                        schedules and budgets;
                                            (gg) monitoring programs 
                                        and performance measures;
                                            (hh) the status and 
                                        effectiveness of minimizing and 
                                        mitigating the impacts of the 
                                        program on agricultural lands; 
                                        and
                                            (ii) a description of 
                                        expected benefits of the 
                                        restoration program relative to 
                                        the cost.
                                    (II) For Federal projects and 
                                programs to be carried out by or for 
                                the Secretary not specifically 
                                identified in the annual program plans 
                                the Secretary, in coordination with the 
                                State, shall submit recommendations on 
                                proposed plans, no later than 45 days 
                                prior to approval, to the Senate 
                                Committee on Energy and Natural 
                                Resources, the House Resources 
                                Committee, and the public. The 
                                recommendations shall--
                                            (aa) describe the project 
                                        selection process, including 
                                        the level of public involvement 
                                        and independent science review;
                                            (bb) describe the goals, 
                                        objectives, and implementation 
                                        schedule of the projects, and 
                                        the extent to which the 
                                        projects address regional and 
                                        programmatic goals and 
                                        priorities;
                                            (cc) describe the 
                                        monitoring plans and 
                                        performance measures that will 
                                        be used for evaluating the 
                                        performance of the proposed 
                                        projects;
                                            (dd) identify any cost-
                                        sharing arrangements with 
                                        cooperating entities; and
                                            (ee) identify how the 
                                        proposed projects will comply 
                                        with all applicable Federal and 
                                        State laws, including the 
                                        National Environmental Policy 
                                        Act.
                                    (III) Projects involving 
                                acquisition of private lands shall be 
                                included in subsection (I) of the 
                                Annual Ecosystem Program Plan. Each 
                                project identified shall--
                                            (aa) describe the process 
                                        and timing of notification of 
                                        interested members of the 
                                        public and local governments;
                                            (bb) minimize and mitigate 
                                        impacts on agricultural lands;
                                            (cc) include preliminary 
                                        management plans for all 
                                        properties to be acquired with 
                                        Federal funds. Such preliminary 
                                        management plans shall include 
                                        an overview of existing 
                                        conditions, the expected 
                                        ecological benefits, 
                                        preliminary cost estimates, and 
                                        implementation schedules;
                                            (dd) identify federal land 
                                        acquisition in total, by a 
                                        county by county basis; and
                                            (ee) provide a finding of 
                                        consistency with all applicable 
                                        State and Federal law.
                    (G) Watersheds.--Activities under this subparagraph 
                consist of--
                            (i) building local capacity to assess and 
                        manage watersheds affecting the Calfed Bay-
                        Delta system;
                            (ii) technical assistance for watershed 
                        assessments and management plans; and
                            (iii) developing and implementing locally-
                        based watershed conservation, maintenance, and 
                        restoration actions.
                    (H) Water quality.--Activities under this 
                subparagraph consist of--
                            (i) addressing drainage problems in the San 
                        Joaquin Valley to improve downstream water 
                        quality (including habitat restoration projects 
                        that reduce drainage and improve water quality) 
                        if--
                                    (I) a plan is in place for 
                                monitoring downstream water quality 
                                improvements;
                                    (II) State and local agencies are 
                                consulted on the activities to be 
                                funded; and
                                    (III) except that no right, 
                                benefit, or privilege is created as a 
                                result of this clause;
                            (ii) implementation of source control 
                        programs in the Delta and its tributaries;
                            (iii) developing recommendations through 
                        scientific panels and advisory council 
                        processes to meet the Calfed Bay-Delta Program 
                        goal of continuous improvement in Delta water 
                        quality for all uses;
                            (iv) investing in treatment technology 
                        demonstration projects;
                            (v) controlling runoff into the California 
                        aqueduct, the Delta-Mendota Canal, and other 
                        similar conveyances;
                            (vi) addressing water quality problems at 
                        the North Bay Aqueduct;
                            (vii) supporting and participating in the 
                        development of projects to enable San Francisco 
                        Area water districts and water entities in San 
                        Joaquin and Sacramento counties to work 
                        cooperatively to address their water quality 
                        and supply reliability issues, including--
                                    (I) connections between aqueducts, 
                                water transfers, water conservation 
                                measures, institutional arrangements, 
                                and infrastructure improvements that 
                                encourage regional approaches; and
                                    (II) investigations and studies of 
                                available capacity in a project to 
                                deliver water to the East Bay Municipal 
                                Utility District under its contract 
                                with the Bureau of Reclamation, dated 
                                July 20, 2001, in order to determine if 
                                such capacity can be used to meet the 
                                objectives of this clause;
                            (viii) development of water quality 
                        exchanges and other programs to make high 
                        quality water available for urban and other 
                        users;
                            (ix) development and implementation of a 
                        plan to meet all water quality standards for 
                        which the Federal and State water projects have 
                        responsibility;
                            (x) development of recommendations through 
                        technical panels and advisory council processes 
                        to meet the Calfed Bay-Delta Program goal of 
                        continuous improvement in water quality for all 
                        uses; and
                            (xi) projects that may meet the framework 
                        of the water quality component of the Calfed 
                        Bay-Delta Program.
                    (I) Science.--Activities under this subparagraph 
                consist of--
                            (i) supporting establishment and 
                        maintenance of an independent science board, 
                        technical panels, and standing boards to 
                        provide oversight and peer review of the 
                        Program;
                            (ii) conducting expert evaluations and 
                        scientific. assessments of all Program 
                        elements;
                            (iii) coordinating existing monitoring and 
                        scientific research programs;
                            (iv) developing and implementing adaptive 
                        management experiments to test, refine, and 
                        improve scientific understandings;
                            (v) establishing performance measures, and 
                        monitoring and evaluating the performance of 
                        all Program elements; and
                            (vi) preparing an annual science report.
                    (J) Diversification of water supplies.--Activities 
                under this subparagraph consist of actions to diversify 
                sources of level 2 refuge supplies and modes of 
                delivery to refuges while maintaining the diversity of 
                level 4 supplies pursuant to Central Valley Project 
                Improvement Act section 3406(d)(2), Public Law 102-575 
                (106 Stat. 4723).
            (6) New and expanded authorizations for Federal agencies.--
                    (A) Secretary of the interior.--The Secretary of 
                the Interior is authorized to carry out the activities 
                described in subparagraphs (A) , (B), (C) and (D) of 
                paragraph (7) during each of fiscal years 2005 through 
                2008, in coordination with the State of California.
                    (B) The administrator of the environmental 
                protection agency and the secretary of the army.--The 
                Administrator of the Environmental Protection Agency 
                and the Secretary of the Army may carry out activities 
                described in subparagraph (D) of paragraph 7 during 
                each of fiscal years 2005 through 2008, in coordination 
                with the State of California.
                    (C) The secretaries of agriculture and commerce.--
                The Secretary of Commerce, and the Department of 
                Agriculture, are authorized to carry out the activities 
                described in paragraph (7)(D) during each of fiscal 
                years 2005 through 2008, in coordination with the State 
                of California.
            (7) Description of activities under new and expanded 
        authorizations.--
                    (A) Conveyance.--Of the amounts authorized to be 
                appropriated under section 109, not more than 
                $184,000,000 may be expended for the following:
                            (i) Feasibility studies, evaluation, and 
                        implementation of the San Luis Reservoir 
                        lowpoint improvement project and increased 
                        capacity of the intertie between the SWP 
                        California Aqueduct and the CVP Delta Mendota 
                        Canal, near the City of Tracy.
                            (ii) Feasibility studies and actions at 
                        Franks Tract to improve water quality in the 
                        Delta.
                            (iii) Feasibility studies and design of 
                        fish screen and intake facilities at Clifton 
                        Court Forebay and the Tracy Pumping Plant 
                        facilities.
                            (iv) Design and construction of the 
                        relocation of drinking water intake facilities 
                        to delta water users. The Secretary shall 
                        coordinate actions for relocating intake 
                        facilities on a time schedule consistent with 
                        subparagraph (5)(B)(i)(I)(bb) or other actions 
                        necessary to offset the degradation of drinking 
                        water quality in the Delta due to the South 
                        Delta Improvement Program.
                            (v) In addition to the other authorizations 
                        granted to the Secretary by this title, the 
                        Secretary shall acquire water from willing 
                        sellers and undertake other actions designed to 
                        decrease releases from New Melones Reservoir 
                        for meeting water quality standards and flow 
                        objectives for which the Central Valley Project 
                        has responsibility in order to meet allocations 
                        to Central Valley Project contractors from the 
                        New Melones Project. The authorization under 
                        this provision is solely meant to add 
                        flexibility for the Secretary to meet the 
                        Secretary's obligation to the Central Valley 
                        Project contractors from the New Melones 
                        Project by reducing demand for water dedicated 
                        to meeting water quality standards in the San 
                        Joaquin River. Of the amounts authorized to be 
                        appropriated under paragraph (7)(A), not more 
                        than $15,260,000 may be expended for this 
                        purpose.
                    (B) Environmental water account.--Of the amounts 
                authorized to be appropriated under section 109, not 
                more than $90,000,000 may be expended for 
                implementation of the Environmental Water Account; 
                Provided That such expenditures shall be considered a 
                nonreimbursable Federal expenditure.
                    (C) Levee stability.--Of the amounts authorized to 
                be appropriated under section 109, not more than 
                $90,000,000 may be expended for--
                            (i) reconstructing Delta levees to a base 
                        level of protection;
                            (ii) enhancing the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects program;
                            (iii) developing best management practices 
                        to control and reverse land subsidence on Delta 
                        islands;
                            (iv) refining the Delta Emergency 
                        Management Plan;
                            (v) developing a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes;
                            (vi) developing a strategy for reuse of 
                        dredged materials on Delta islands; and
                            (vii) evaluating, and where appropriate, 
                        rehabilitating the Suisun Marsh levees.
                    (D) Program management, oversight, and 
                coordination.--Of the amounts authorized to be 
                appropriated under section 109, not more than 
                $25,000,000 may be expended by the Secretary or the 
                other heads of Federal agencies, either directly or 
                through grants, contracts, or cooperative agreements 
                with agencies of the State, for--
                            (i) program support;
                            (ii) program-wide tracking of schedules, 
                        finances, and performance;
                            (iii) multiagency oversight and 
                        coordination of Program activities to ensure 
                        Program balance and integration;
                            (iv) development of interagency cross-cut 
                        budgets and a comprehensive finance plan to 
                        allocate costs in accordance with the 
                        beneficiary pays provisions of the Record of 
                        Decision;
                            (v) coordination of public outreach and 
                        involvement, including tribal, environmental 
                        justice, and public advisory activities in 
                        accordance with the Federal Advisory Committee 
                        Act (5 U.S.C. App.); and
                            (vi) development of Annual Reports.

SEC. 104. MANAGEMENT.

    (a) Coordination.--In carrying out the Calfed Bay-Delta Program, 
the Federal agencies shall coordinate their activities with the State 
agencies.
    (b) Public Participation.--In carrying out the Calfed Bay-Delta 
Program, the Federal agencies shall cooperate with local and tribal 
governments and the public through an advisory committee established in 
accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and 
other appropriate means, to seek input on Program elements such as 
planning, design, technical assistance, and development of peer review 
science programs.
    (c) Science.--In carrying out the Calfed Bay-Delta Program, the 
Federal agencies shall seek to ensure, to the maximum extent 
practicable, that--
            (1) all major aspects of implementing the Program are 
        subjected to credible and objective scientific review; and
            (2) major decisions are based upon the best available 
        scientific information.
    (d) Environmental Justice.--The Federal agencies and State 
agencies, consistent with Executive Order 12898 (59 FR Fed. Reg. 7629), 
should continue to collaborate to--
            (1) develop a comprehensive environmental justice workplan 
        for the Calfed Bay-Delta Program; and
            (2) fulfill the commitment to addressing environmental 
        justice challenges referred to in the Calfed Bay-Delta Program 
        Environmental Justice Workplan, dated December 13, 2000.
    (e) Land Acquisition.--Federal funds appropriated by Congress 
specifically for implementation of the Calfed Bay-Delta Program may be 
used to acquire fee title to land only where consistent with the Record 
of Decision and section 103(b)(5)(F)(ii)(I)(jj).
    (f) Agencies' Discretion.--This title shall not affect the 
discretion of any of the Federal agencies or the State agencies or the 
authority granted to any of the Federal agencies or State agencies by 
any other Federal or State law.
    (g) No new authority.--The United States Environmental Protection 
Agency and the United States Army Corps of Engineers.--
            (1) In General.--Nothing in this title confers any new 
        authority, except as provided under section 103(b)(7)(D) to the 
        United States Environmental Protection Agency and the United 
        States Army Corps of Engineers.
            (2) Coordination.--In carrying out activities identified in 
        the Record of Decision under authorities provided under other 
        provisions of law, the United States Environmental Protection 
        Agency and the United States army Corps of Engineers shall 
        coordinate such activities with Federal agencies and State 
        agencies.
    (h) Governance.--
            (1) In general.--In carrying out the Calfed Bay-Delta 
        Program, the Secretary and the Federal agency heads may 
        participate as nonvoting members of the California Bay-Delta 
        Authority, as established in the California Bay-Delta Authority 
        Act (Cal. Water Code 79400 et seq.), to the extent consistent 
        with Federal law, for the full duration of the period the 
        Authority continues to be authorized by State law.

SEC. 105. REPORTING REQUIREMENTS.

    (a) Report.--
            (1) In general.--Not later than February 15 of each year, 
        the Secretary, in cooperation with the Governor, shall submit 
        to the appropriate authorizing and appropriating Committees of 
        the Senate and the House of Representatives a report that--
                    (A) describes the status of implementation of all 
                components of the Calfed Bay-Delta Program;
                    (B) sets forth any written determination resulting 
                from the review required under subsection (b); and
                    (C) includes any revised schedule prepared under 
                subsection (b).
            (2) Contents.--The report required under paragraph (1) 
        shall describe--
                    (A) the progress of the Calfed Bay-Delta Program in 
                meeting the implementation schedule for the Program in 
                a manner consistent with the Record of Decision;
                    (B) the status of implementation of all components 
                of the Program;
                    (C) expenditures in the past fiscal year for 
                implementing the Program;
                    (D) accomplishments during the past fiscal year in 
                achieving the objectives of additional and improved--
                            (i) water storage, including water yield;
                            (ii) water quality; including the progress 
                        in achieving the water supply targets as 
                        described in Section 2.2.4 of the Record of 
                        Decision, the environmental water account 
                        requirements as described in Section 2.2.7, and 
                        the water quality targets as described in 
                        Section 2.2.9, and any pending actions that may 
                        affect the ability of the Calfed Bay-Delta 
                        Program to achieve those targets and 
                        requirements;
                            (iii) water use efficiency;
                            (iv) ecosystem restoration;
                            (v) watershed management;
                            (vi) levee system integrity;
                            (vii) water transfers;
                            (viii) water conveyance; and
                            (ix) water supply reliability;
                    (E) program goals, current schedules, and relevant 
                financing agreements;
                    (F) progress on--
                            (i) storage projects;
                            (ii) conveyance improvements;
                            (iii) levee improvements;
                            (iv) water quality projects; and
                            (v) water use efficiency programs;
                    (G) completion of key projects and milestones 
                identified in the Ecosystem Restoration Program; 
                including progress on project effectiveness, 
                monitoring, and accomplishments;
                    (H) development and implementation of local 
                programs for watershed conservation and restoration;
                    (I) progress in improving water supply reliability 
                and implementing the Environmental Water Account;
                    (J) achievement of commitments under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
                endangered species law of the State;
                    (K) implementation of a comprehensive science 
                program;
                    (L) progress toward acquisition of the Federal and 
                State permits (including permits under section 404(a) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1344(a))) for implementation of projects in all 
                identified Program areas;
                    (M) progress in achieving benefits in all 
                geographic regions covered by the Program;
                    (N) legislative action on--
                            (i) water transfer;
                            (ii) groundwater management;
                            (iii) water use efficiency; and
                            (iv) governance issues;
                    (O) the status of complementary actions;
                    (P) the status of mitigation measures;
                    (Q) revisions to funding commitments and Program 
                responsibilities; and
                    (R) a list of all existing authorities, including 
                the authorities listed in section 103(b)(4) provided by 
                the relevant Federal agency, under which the Secretary 
                or the heads of the Federal agencies may carry out the 
                purposes of this title.
    (b) Annual Review of Progress and Balance.--
            (1) In general.--Not later than November 15 of each year, 
        the Secretary, in cooperation with the Governor, shall review 
        progress in implementing the Calfed Bay-Delta Program based 
        on--
                    (A) consistency with the Record of Decision; and
                    (B) balance in achieving the goals and objectives 
                of the Calfed Bay-Delta Program.
            (2) Revised schedule.--If, at the conclusion of each such 
        annual review or if a timely annual review is not undertaken, 
        the Secretary, or the Governor, determine in writing that 
        either the Program implementation schedule has not been 
        substantially adhered to, or that balanced progress in 
        achieving the goals and objectives of the Program is not 
        occurring, the Secretary, in coordination with the Governor and 
        the Bay-Delta Public Advisory Committee, shall prepare a 
        revised schedule to achieve balanced progress in all Calfed 
        Bay-Delta Program elements consistent with the Record of 
        Decision.
    (c) Feasibility Studies.--Any feasibility studies completed as a 
result of this title shall include identification of project benefits 
and a cost allocation plan consistent with the beneficiaries pay 
provisions of the Record of Decision.

SEC. 106. CROSSCUT BUDGET.

    (a) In General.--The President's budget shall include such requests 
as the President considers necessary and appropriate for the level of 
funding for each of the Federal agencies to carry out its 
responsibilities under the Calfed Bay-Delta Program.
    (b) Requests by Federal Agencies.--The funds shall be requested for 
the Federal agency with authority and programmatic responsibility for 
the obligation of the funds, in accordance with paragraphs (2) through 
(5) of section 103(b).
    (c) Report.--Not later than 30 days after the submission of the 
budget of the President to Congress, the Director of the Office of 
Management and Budget, in coordination with the Governor, shall submit 
to the appropriate authorizing and appropriating committees of the 
Senate and the House of Representatives a financial report certified by 
the Secretary containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including any 
                interagency or intra-agency transfer, for each of the 
                Federal agencies to carry out the Calfed Bay-Delta 
                Program for the upcoming fiscal year, separately 
                showing funding requested under both pre-existing 
                authorities and under the new authorities granted by 
                this title; and
                    (B) identifies all expenditures since 1998 by the 
                Federal and State governments to achieve the objectives 
                of the Calfed Bay-Delta Program;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and State agencies 
        responsible for implementing the Calfed Bay-Delta Program 
        during the previous fiscal year;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and project 
        status) to be carried out in the upcoming fiscal year with the 
        Federal portion of funds for activities under section 103(b); 
        and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities under section 103(b).

SEC. 107. FEDERAL SHARE OF COSTS.

    (a) In General .--The Federal share of the cost of implementing the 
Calfed Bay-Delta Program for fiscal years 2005 through 2008 in the 
aggregate, as set forth in the Record of Decision, shall not exceed 
33.3 percent.
    (b) Calfed Bay-Delta Program Beneficiaries.--The Secretary shall 
ensure that all beneficiaries, including the environment, shall pay for 
benefits received from all projects or activities carried out under the 
Calfed Bay-Delta Program. This requirement shall not be limited to 
storage and conveyance projects and shall be implemented so as to 
encourage integrated resource planning.

SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

    Nothing in this title--
            (1) invalidates or preempts State water law or an 
        interstate compact governing water;
            (2) alters the rights of any State to any appropriated 
        share of the waters of any body of surface or ground water;
            (3) preempts or modifies any State or Federal law or 
        interstate compact governing water quality or disposal;
            (4) confers on any non-Federal entity the ability to 
        exercise any Federal right to the waters of any stream or to 
        any ground water resource; and
            (5) alters or modified any provision of existing Federal 
        law, except as specifically provided in this title.

SEC. 109. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary and the 
heads of the Federal agencies to pay the Federal share of the cost of 
carrying out the new and expanded authorities described in paragraphs 
(6) and (7) of section 103(b), $389,000,000 for the period of fiscal 
years 2005 through 2008, to remain available until expended.

                   TITLE II--SALTON SEA STUDY PROGRAM

SEC. 201. SALTON SEA STUDY PROGRAM.

    (a) In General.--The Secretary of the Interior shall conduct a 
study to determine the feasibility of reclaiming the Salton Sea.
    (b) Requirements.--The study referred to in subsection (a) shall 
consider each of the following:
            (1) Appraisal investigations.
            (2) Feasibility studies.
            (3) Environmental Reports.
            (4) Cost sharing responsibilities.
            (5) Responsibility for operation and maintenance.
    (c) Report to Congress.--The Secretary shall submit to Congress the 
study developed under this section 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 implement water supply 
    technology and infrastructure programs aimed at increasing and 
                 diversifying domestic water resources.

_______________________________________________________________________

                             July 16, 2004

                 Read twice and placed on the calendar
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