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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Reported in House (RH)]

                                                 Union Calendar No. 335
108th CONGRESS
  2d Session
                                H. R. 2828

                      [Report No. 108-573, Part I]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2003

Mr. Calvert (for himself, Mr. Dooley of California, Mr. Radanovich, Mr. 
 Ortiz, Mr. Nunes, Mr. Cardoza, Mr. Osborne, Mr. Baca, Mr. Renzi, Mr. 
Gallegly, Mr. Lewis of California, Mr. Thomas, Mr. Dreier, Mr. Hunter, 
 Mrs. Bono, Mr. Cox, Mr. Doolittle, Mr. Gary G. Miller of California, 
 Mr. McKeon, Mr. Royce, Mr. Cunningham, Mr. Rohrabacher, Mr. Issa, Mr. 
 Ose, and Mr. Pombo) introduced the following bill; which was referred 
  to the Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             June 25, 2004

  Additional sponsors: Mrs. Napolitano, Mr. Reyes, Mr. Rodriguez, Mr. 
 Filner, Mr. Pearce, Ms. Loretta Sanchez of California, and Ms. Ginny 
                         Brown-Waite of Florida

                             June 25, 2004

      Reported from the Committtee on Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 25, 2004

Referral to the Committee on Transportation and Infrastructure extended 
            for a period ending not later than June 25, 2004

                             June 25, 2004

    The Committee on Transportation and Infrastructure discharged; 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               23, 2003]

_______________________________________________________________________

                                 A BILL

 
 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,

SEC. 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) Environmental water account.--The term ``Environmental 
        Water Account'' means the cooperative management program 
        established pursuant to the Record of Decision to reduce 
        incidental take and provide a mechanism for recovery of 
        species.
            (3) Federal agencies.--The term ``Federal agencies'' means 
        the Federal agencies that are signatories to Attachment 3 of 
        the Record of Decision.
            (4) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (5) Reclamation states.--The term ``Reclamation States'' 
        means the States of Arizona, California, Colorado, Idaho, 
        Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, 
        Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, and 
        Texas.
            (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) Specific activities.--The Secretary and the heads of 
        the Federal agencies are authorized to undertake, fund, 
        participate in, and otherwise carry out the activities 
        described in the Record of Decision, subject to the provisions 
        of this title, so that the activities of the Calfed Bay-Delta 
        Program consisting of protecting drinking water quality, 
        restoring ecological health, improving water supply reliability 
        (including additional water storage and water yield and 
        conveyance), 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.
            (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) Existing authorizations for federal agencies.--The 
        Secretary of the Interior and the heads of the Federal agencies 
        are authorized to carry out the activities described in 
        subparagraphs (A) through (J) of paragraph (5), to the extent 
        authorized under existing 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, 
                                ground water management, and ground 
                                water storage projects and 
                                implementation of 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 (B), 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 and 
                        implementing groundwater management and 
                        groundwater storage projects.
                            (v) Comprehensive water planning.--The 
                        Secretary shall conduct activities related to 
                        comprehensive water management planning.
                            (vi) Report.--The Secretary shall submit a 
                        report to the congressional authorizing 
                        committees by not later than 180 days after the 
                        date of the enactment of this title 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.
                                    (II) All water management actions 
                                or projects 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 
                                        2006.
                                            (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) Design and construction 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 California law 
                                protecting--
                                            (aa) deliveries to, costs 
                                        of, and water suppliers and 
                                        water users, including but not 
                                        limited to, agricultural users, 
                                        that have historically relied 
                                        on water diverted for use in 
                                        the Delta; and
                                            (bb) the quality of water 
                                        for existing municipal, 
                                        industrial, and agricultural 
                                        uses.
                            (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 implement a program 
                        to meet all existing water quality standards 
                        and objectives for which the CVP has 
                        responsibility. In developing and implementing 
                        the program the 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 implementation of 
                                mandatory source control programs and 
                                best drainage management practices to 
                                reduce discharges into the San Joaquin 
                                River of salt or other constituents 
                                from wildlife refuges that receive 
                                Central Valley Project water.
                                    (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.
                            (v) Use of existing funding mechanisms.--In 
                        implementing the Program, the Secretary shall 
                        use money collected pursuant to section 
                        3406(c)(1) of the Central Valley Project 
                        Improvement Act of 1992 (Public Law 102-575) 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).
                            (vi) Purpose.--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.
                    (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 102-575; 
                                title 16) as amended, and Reclamation 
                                Recycling and Water Conservation Act of 
                                1996 (Public Law 104-266).
                            (iv) water measurement and transfer 
                        actions;
                            (v) certification of 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 as provided in sections 
                        301 through 302; 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;
                                    (XI) strategic planning and 
                                tracking of Program performance; and
                                    (XII) preparation of management 
                                plans for all properties acquired, and 
                                update current management plans, prior 
                                to the purchase or any contribution to 
                                the purchase of any interest in land 
                                for ecosystem.
                            (ii) A restoration management plan 
                        report.--The Secretary shall submit a 
                        restoration management plan report to Congress, 
                        30 days (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) 
prior to implementing ecosystem restoration actions as described under 
this paragraph. Such plan reports shall be required for all ecosystem 
projects, (including comprehensive projects that are composed of 
several components and are to be completed by staged implementation) 
exceeding $20,000 in Federal funds. The Restoration Management Plan 
required to be submitted under this paragraph, shall, at a minimum--
                                    (I) be consistent with the goal of 
                                fish, wildlife, and habitat 
                                improvement;
                                    (II) be consistent with all 
                                applicable Federal and State laws;
                                    (III) describe the specific goals, 
                                objectives, and opportunities and 
                                implementation timeline of the proposed 
                                project. Describe to what extent the 
                                proposed project is a part of a larger, 
                                more comprehensive project in the Bay-
                                Delta watershed;
                                    (IV) describe 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;
                                    (V) describe 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;
                                    (VI) identify various combinations 
                                of land and water uses and resource 
                                management practices that are 
                                scientifically-based and meet the 
                                purposes of the project. Include a 
                                description of expected benefits of the 
                                restoration project relative to the 
                                cost of the project;
                                    (VII) analyze and describe 
                                cumulative impacts of project 
                                implementation, including land 
                                acquisition, and the mitigation 
                                requirements, subject to conditions 
                                described in clause (iii)(I). Complete 
                                appropriate actions to satisfy 
                                requirements of NEPA, CEQA, and other 
                                environmental permitting clearance; and
                                    (VIII) describe an integrated 
                                monitoring plan and measurable 
                                criteria, or bio-indicators, to be used 
                                for evaluating cost-effective 
                                performance of the project.
                            (iii) Conditions.--Conditions, if 
                        applicable, for projects and activities under 
                        this paragraph, and which are to be described 
                        in the restoration management plan report, are 
                        as follows:
                                    (I) a requirement that before 
                                obligating or expending Federal funds 
                                to acquire land, the Secretary shall 
                                first determine that existing Federal 
                                land, State land, or other land 
                                acquired for ecosystem restoration with 
                                amounts provided by the United States 
                                or the State, to the extent such lands 
                                are available within the Calfed 
                                solution area, is not available for 
                                that purpose. If no public land is 
                                available the Secretary, prior to any 
                                federal expenditure for private land 
                                acquisitions, shall--
                                            (aa) not convert prime farm 
                                        land and unique farm land, to 
                                        the maximum extent as 
                                        practicable, as identified by 
                                        local, State, or Federal land 
                                        use inventories, including the 
                                        Natural Resources Conservation 
                                        Service;
                                            (bb) not conflict with 
                                        existing zoning for agriculture 
                                        use; and
                                            (cc) not involve other 
                                        changes in existing environment 
                                        due to location and nature of 
                                        converting farmland to non-
                                        farmland use.
                                    (II) a requirement that in 
                                determining whether to acquire private 
                                land for ecosystem restoration, the 
                                Secretary shall--
                                            (aa) conduct appropriate 
                                        analysis, including cost 
                                        valuation to assure that 
                                        private land acquisitions 
                                        prioritize easements and leases 
                                        over acquisitions by fee title 
                                        unless easements and leases are 
                                        unavailable or unsuitable for 
                                        the stated purposes;
                                            (bb) consider and partner 
                                        with landowners and local 
                                        agencies to develop cooperating 
                                        landowner commitments that are 
                                        likely to meet coequal 
                                        objectives of achieving local 
                                        economic and social goals and 
                                        implementing the ecosystem 
                                        restoration goals; and
                                            (cc) consider the potential 
                                        cumulative impacts of fee 
                                        title, easement, or lease 
                                        acquisition on the local and 
                                        regional economies and adjacent 
                                        land and landowners, of 
                                        transferring the property into 
                                        government ownership, and--

                                                    (AA) describe the 
                                                actions that will be 
                                                taken, to the maximum 
                                                extent practicable, to 
                                                mitigate any induced 
                                                damages; and

                                                    (BB) determine and 
                                                describe the degree to 
                                                which land acquired 
                                                will add value to fish, 
                                                wildlife, and habitat 
                                                purposes.

                            (iv) Annual ecosystem restoration project 
                        summary report.--The Secretary shall, by no 
                        later than December 31 of each year, submit to 
                        Congress an annual report on the use of 
                        financial assistance received under this title. 
                        The report shall highlight progress of project 
                        implementation, effectiveness, monitoring, and 
                        accomplishment. The report will identify and 
                        outline the need for amendments or revisions to 
                        the plan to improve the cost-effectiveness of 
                        project implementation.
                    (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) establishing and maintaining 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.
            (6) New and expanded authorizations for federal agencies.--
        The Secretary and the heads of the Federal agencies described 
        in the Record of Decision are authorized to carry out the 
        activities described in paragraph (7) during each of fiscal 
        years 2005 through 2008, in coordination with the Bay-Delta 
        Authority.
            (7) Description of activities under new and expanded 
        authorizations.--
                    (A) Conveyance.--Of the amounts authorized to be 
                appropriated under section 110, 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.
                            (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. Of the amounts authorized 
                        to be appropriated under paragraph (7)(A), not 
                        more than $5,260,000 may be expended for this 
                        purpose.
                    (B) Environmental water account.--Of the amounts 
                authorized to be appropriated under section 110, 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. In order to reduce 
                the use of New Melones reservoir as a source of water 
                to meet water quality standards, the Secretary may use 
the Environmental Water Account to purchase water to provide flow for 
fisheries, to improve water quality in the San Joaquin river and Delta.
                    (C) Levee stability.--Of the amounts authorized to 
                be appropriated under section 110, 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 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;
                            (vii) evaluating, and where appropriate, 
                        rehabilitating the Suisun Marsh levees; and
                            (viii) not more than $2,000,000 may be 
                        expended for integrated flood management, 
                        ecosystem restoration, and levee protection 
                        projects, including design and construction of 
                        lower San Joaquin River and lower Mokelumne 
                        River floodway improvements and other projects 
                        under the Sacramento-San Joaquin Comprehensive 
                        Study.
                    (D) Program management, oversight, and 
                coordination.--Of the amounts authorized to be 
                appropriated under section 110, 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)(iii).
    (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) Status Reports.--The Secretary shall report, quarterly to 
Congress, on 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.

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;
                            (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;
                    (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; and
                    (Q) revisions to funding commitments and Program 
                responsibilities.
    (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 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 budget of the President shall include requests 
for the appropriate level of funding for each of the Federal agencies 
to carry out the responsibilities of the Federal agency 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.--At the time of 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 2000 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.--
            (1) In general.--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. USE OF EXISTING AUTHORITIES AND FUNDS.

    (a) Generally.--The heads of the Federal agencies shall use the 
authority under existing authorities identified by the Secretary to 
carry out the purposes of this title.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act and annual thereafter, the Secretary, in consultation with 
the heads of the Federal agencies, shall transmit to Congress a report 
that describes the following:
            (1) A list of all existing authorities, including the 
        authorities listed in subsection (a), under which the Secretary 
        or the heads of the Federal agencies may carry out the purposes 
        of this title.
            (2) A list of funds authorized in the previous fiscal year 
        for the authorities listed under paragraph (1).
            (3) A list of the projects carried out with the funds 
        listed in paragraph (2) and the amount of funds obligated and 
        expended for each project.

SEC. 109. 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, 
        whether determined by past or future interstate compacts or 
        final judicial allocations;
            (3) preempts or modifies any State or Federal law or 
        interstate compact governing water quality or disposal; or
            (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.

SEC. 110. 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--ESTABLISHMENT OF CENTRALIZED REGULATORY COORDINATION OFFICES

SEC. 201. ESTABLISHMENT OF OFFICES.

    For projects authorized by this Act and located within the State of 
California, the Secretary shall establish a centralized office in 
Sacramento, California, for the use of all Federal agencies and State 
agencies that are or will be involved in issuing permits and preparing 
environmental documentation for such projects. The Secretary may, at 
the request of the Governor of any Reclamation State, establish 
additional centralized offices for the use of all Federal agencies and 
State agencies that are or will be involved in issuing permits and 
preparing environmental documentation for projects authorized by this 
Act, or under any other authorized Act, and located within such States.

SEC. 202. ACCEPTANCE AND EXPENDITURE OF CONTRIBUTIONS.

    (a) In General.--The Secretary may accept and expend funds 
contributed by non-Federal public entities to coordinate the 
preparation and review of permit applications and the preparation of 
environmental documentation for all projects authorized by this Act, or 
any other authorized Act, and to offset the Federal costs of processing 
such permit applications and environmental documentation. The Secretary 
shall allocate funds received under this section among Federal agencies 
with responsibility for the project under consideration and shall 
reimburse those agencies in accordance with the costs such agencies 
incur in processing permit applications and preparing environmental 
documentation.
    (b) Protection of Impartial Decisionmaking.--In carrying out this 
section, the Secretary and the heads of Federal agencies receiving 
funds under this section shall ensure that the use of the funds 
accepted under this section will not impact impartial decisionmaking 
with respect to the issuance of permits or preparation of environmental 
documentation, either substantively or procedurally, or diminish, 
modify, or otherwise affect the statutory or regulatory authorities of 
such agencies.

                 TITLE III--RURAL WATER SUPPLY PROGRAM

SEC. 301. RURAL WATER SUPPLY PROGRAM.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of constructing rural water systems in coordination 
with other Federal agencies with rural water programs, and in 
cooperation with non-Federal project entities.
    (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) Criteria.--As part of the study referred to in subsection (a), 
the Secretary shall develop criteria for determining which projects are 
eligible for participation in the study referred to under this section.
    (d) Reports to Congress.--The Secretary shall submit to Congress 
the study developed under this section.
    (e) Reclamation States.--The program established by this section 
shall be limited to Reclamation States.

                   TITLE IV--SALTON SEA STUDY PROGRAM

SEC. 401. SALTON SEA STUDY PROGRAM.

    (a) In General.--The Secretary 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.

                                                 Union Calendar No. 335

108th CONGRESS

  2d Session

                               H. R. 2828

                      [Report No. 108-573, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 25, 2004

       Reported from the Committee on Resources with an amendment

                             June 25, 2004

Referral to the Committee on Transportation and Infrastructure extended 
            for a period ending not later than June 25, 2004

                             June 25, 2004

    The Committee on Transportation and Infrastructure discharged; 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
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