```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 15, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
2828) entitled ``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.'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Supply, 
Reliability, and Environmental Improvement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Bay Delta program.
Sec. 104. Management.
Sec. 105. Reporting requirements.
Sec. 106. Crosscut budget.
Sec. 107. Federal share of costs.
Sec. 108. Compliance with State and Federal law.
Sec. 109. Authorization of appropriation.

                        TITLE II--MISCELLANEOUS

Sec. 201. Salton Sea study program.
Sec. 202. Alder Creek water storage and conservation project 
                            feasibility study and report.
Sec. 203. Folsom Reservoir temperature control device authorization.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Calfed Bay-Delta Authorization 
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 agencies and Federal agencies as set forth in 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 Sec. 79400 et seq.).
            (3) Delta.--The term ``Delta'' has the meaning given the 
        term in the Record of Decision.
            (4) Environmental water account.--The term ``Environmental 
        Water Account'' means the Cooperative Management Program 
        established under the Record of Decision.
            (5) 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; and
                            (ii) the Forest Service; and
                    (F) the Western Area Power Administration.
            (6) Firm yield.--The term ``firm yield'' means a quantity 
        of water from a project or program that is projected to be 
        available on a reliable basis, given a specified level of risk, 
        during a critically dry period.
            (7) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (8) Record of decision.--The term ``Record of Decision'' 
        means the Calfed Bay-Delta Program Record of Decision, dated 
        August 28, 2000.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means the State of 
        California.
            (11) State agencies.--The term ``State agencies'' means--
                    (A) the Resources Agency of California, including--
                            (i) the Department of Water Resources;
                            (ii) the Department of Fish and Game;
                            (iii) the Reclamation Board;
                            (iv) the Delta Protection Commission;
                            (v) the Department of Conservation;
                            (vi) the San Francisco Bay Conservation and 
                        Development Commission;
                            (vii) the Department of Parks and 
                        Recreation; and
                            (viii) the California Bay-Delta Authority;
                    (B) the California Environmental Protection Agency, 
                including the State Water Resources Control Board;
                    (C) the California Department of Food and 
                Agriculture; and
                    (D) the Department of Health Services.

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, ecosystem restoration, water supply reliability 
        (including new firm yield), conveyance, water use efficiency, 
        water quality, water transfers, watersheds, the Environmental 
        Water Account, levee stability, governance, and science.
            (2) Requirements.--
                    (A) In general.--The Secretary and the heads of the 
                Federal agencies are authorized to carry out the 
                activities described in subsections (c) through (f) 
                consistent with--
                            (i) the Record of Decision;
                            (ii) the requirement that Program 
                        activities consisting of protecting drinking 
                        water quality, restoring ecological health, 
                        improving water supply reliability (including 
                        additional storage, conveyance, and new firm 
                        yield), and protecting Delta levees will 
                        progress in a balanced manner; and
                            (iii) this title.
                    (B) Multiple benefits.--In selecting activities and 
                projects, the Secretary and the heads of the Federal 
                agencies shall consider whether the activities and 
                projects have multiple benefits.
    (b) Authorized Activities.--The Secretary and the heads of the 
Federal agencies are authorized to carry out the activities described 
in subsections (c) through (f) 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--
            (1) subject to environmental review and approval, as 
        required under applicable Federal and State law; and
            (2) approved and certified by the relevant Federal agency, 
        following consultation and coordination with the Governor, to 
        be consistent with the Record of Decision.
    (c) Authorizations for Federal Agencies Under Applicable Law.--
            (1) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities described in 
        paragraphs (1) through (10) of subsection (d), 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.
            (2) Administrator of the environmental protection agency.--
        The Administrator of the Environmental Protection Agency is 
        authorized to carry out the activities described in paragraphs 
        (3), (5), (6), (7), (8), and (9) of subsection (d), 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 applicable law.
            (3) Secretary of the army.--The Secretary of the Army is 
        authorized to carry out the activities described in paragraphs 
        (1), (2), (6), (7), (8), and (9) of subsection (d), to the 
        extent authorized under flood control, water resource 
        development, and other applicable law.
            (4) Secretary of commerce.--The Secretary of Commerce is 
        authorized to carry out the activities described in paragraphs 
        (2), (6), (7), and (9) of subsection (d), 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.
            (5) Secretary of agriculture.--The Secretary of Agriculture 
        is authorized to carry out the activities described in 
        paragraphs (3), (5), (6), (7), (8), and (9) of subsection (d), 
        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.
    (d) Description of Activities Under Applicable Law.--
            (1) Water storage.--
                    (A) In general.--Activities under this paragraph 
                consist of--
                            (i) planning and feasibility studies for 
                        projects to be pursued with project-specific 
                        study for enlargement of--
                                    (I) the Shasta Dam in Shasta 
                                County; and
                                    (II) the Los Vaqueros Reservoir in 
                                Contra Costa County;
                            (ii) planning and feasibility studies for 
                        the following projects requiring further 
                        consideration--
                                    (I) the Sites Reservoir in Colusa 
                                County; and
                                    (II) the Upper San Joaquin River 
                                storage in Fresno and Madera Counties;
                            (iii) developing and implementing 
                        groundwater management and groundwater storage 
                        projects; and
                            (iv) comprehensive water management 
                        planning.
                    (B) Storage project authorization and balanced 
                calfed implementation.--
                            (i) In general.--If on completion of the 
                        feasibility study for a project described in 
                        clause (i) or (ii) of subparagraph (A), the 
                        Secretary, in consultation with the Governor, 
                        determines that the project should be 
                        constructed in whole or in part with Federal 
                        funds, the Secretary shall submit the 
                        feasibility study to Congress.
                            (ii) Finding of imbalance.--If Congress 
                        fails to authorize construction of the project 
                        by the end of the next full session following 
                        the submission of the feasibility study, the 
                        Secretary, in consultation with the Governor, 
                        shall prepare a written determination making a 
                        finding of imbalance for the Calfed Bay-Delta 
                        Program.
                            (iii) Report on rebalancing.--
                                    (I) In general.--If the Secretary 
                                makes a finding of imbalance for the 
                                Program under clause (ii), the 
                                Secretary, in consultation with the 
                                Governor, shall, not later than 180 
                                days after the end of the full session 
                                described in clause (ii), prepare and 
                                submit to Congress a report on the 
                                measures necessary to rebalance the 
                                Program.
                                    (II) Schedules and alternatives.--
                                The report shall include preparation of 
                                revised schedules and identification of 
                                alternatives to rebalance the Program, 
                                including resubmission of the project 
                                to Congress with or without 
                                modification, construction of other 
                                projects, and construction of other 
                                projects that provide equivalent water 
                                supply and other benefits at equal or 
                                lesser cost.
                    (C) Water supply and yield study.--
                            (i) In general.--The Secretary, acting 
                        through the Bureau of Reclamation and in 
                        coordination with the State, shall conduct a 
                        study of available water supplies and existing 
                        and future needs for water--
                                    (I) within the units of the Central 
                                Valley Project;
                                    (II) within the area served by 
                                Central Valley Project agricultural, 
                                municipal, and industrial water service 
                                contractors; and
                                    (III) within the Calfed Delta 
                                solution area.
                            (ii) Relationship to prior study.--In 
                        conducting the study, the Secretary shall 
                        incorporate and revise, as necessary, the 
                        results of the study required by section 
                        3408(j) of the Central Valley Project 
                        Improvement Act of 1992 (Public Law 102-575; 
                        106 Stat. 4730).
                            (iii) Report.--Not later than 1 year after 
                        the date of enactment of this Act, the 
                        Secretary shall submit to the appropriate 
                        authorizing and appropriating committees of the 
                        Senate and the House of Representatives a 
                        report describing the results of the study, 
                        including--
                                    (I) new firm 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--
                                            (aa) improve firm yield or 
                                        water supply; and
                                            (bb) if taken or 
                                        constructed, balance available 
                                        water supplies and existing 
                                        demand with due recognition of 
                                        water right priorities and 
                                        environmental needs;
                                    (III) the financial costs of the 
                                actions and projects described under 
                                subclause (II); and
                                    (IV) the beneficiaries of those 
                                actions and projects and an assessment 
                                of the willingness of the beneficiaries 
                                to pay the capital costs and operation 
                                and maintenance costs of the actions 
                                and projects.
                    (D) Management.--The Secretary shall conduct 
                activities related to developing groundwater storage 
                projects to the extent authorized under law.
                    (E) Comprehensive water planning.--The Secretary 
                shall conduct activities related to comprehensive water 
                management planning to the extent authorized under law.
            (2) Conveyance.--
                    (A) South delta actions.--
                            (i) In general.--In the case of the South 
                        Delta, activities under this subparagraph 
                        consist of--
                                    (I) the South Delta Improvements 
                                Program through actions to--
                                            (aa) increase the State 
                                        Water Project export limit to 
                                        8,500 cfs;
                                            (bb) install permanent, 
                                        operable barriers in the South 
                                        Delta, under which Federal 
                                        agencies shall cooperate with 
                                        the State to accelerate 
                                        installation of the permanent, 
                                        operable barriers in the South 
                                        Delta, with an intent to 
                                        complete that installation not 
                                        later than September 30, 2007;
                                            (cc) evaluate, consistent 
                                        with the Record of Decision, 
                                        fish screens and intake 
                                        facilities at the Tracy Pumping 
                                        Plant facilities; and
                                            (dd) 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; and
                                    (V) actions to protect navigation 
                                and local diversions not adequately 
                                protected by temporary barriers.
                            (ii) Actions to increase pumping.--Actions 
                        to increase pumping shall be accomplished in a 
                        manner consistent with the Record of Decision 
                        requirement to avoid redirected impacts and 
                        adverse impacts to fishery protection and with 
                        any applicable Federal or State law that 
                        protects--
                                    (I) water diversions and use 
                                (including avoidance of increased costs 
                                of diversion) by in-Delta water users 
                                (including in-Delta agricultural users 
                                that have historically relied on water 
                                diverted for use in the Delta);
                                    (II) water quality for municipal, 
                                industrial, agricultural, and other 
                                uses; and
                                    (III) water supplies for areas of 
                                origin.
                    (B) North delta actions.--In the case of the North 
                Delta, activities under this subparagraph 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.
                    (C) Interties.--Activities under this subparagraph 
                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, as an operation and maintenance 
                        activity, except that the Secretary shall 
                        design and construct the intertie in a manner 
                        consistent with a possible future expansion of 
                        the intertie capacity (as described in 
                        subsection (f)(1)(B)); 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.
                    (D) Program to meet standards.--
                            (i) In general.--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, not later than 1 year after the date of 
                        enactment of this Act, in consultation with the 
                        Governor, develop and initiate implementation 
                        of a program to meet all existing water quality 
                        standards and objectives for which the Central 
                        Valley Project has responsibility.
                            (ii) Measures.--In developing and 
                        implementing the program, the Secretary shall 
                        include, to the maximum extent feasible, the 
                        measures described in clauses (iii) through 
                        (vii).
                            (iii) Recirculation program.--The Secretary 
                        shall incorporate into the program a 
                        recirculation program to provide flow, reduce 
                        salinity concentrations in the San Joaquin 
                        River, and reduce the reliance on the New 
                        Melones Reservoir for meeting water quality and 
                        fishery flow objectives through the use of 
                        excess capacity in export pumping and 
                        conveyance facilities.
                            (iv) Best management practices plan.--
                                    (I) In general.--The Secretary 
                                shall develop and implement, in 
                                coordination with the State's programs 
                                to improve water quality in the San 
                                Joaquin River, a best management 
                                practices plan to reduce the water 
                                quality impacts of the discharges from 
                                wildlife refuges that receive water 
                                from the Federal Government and 
                                discharge salt or other constituents 
                                into the San Joaquin River.
                                    (II) Coordination with interested 
                                parties.--The plan shall be developed 
                                in coordination with interested parties 
                                in the San Joaquin Valley and the 
                                Delta.
                                    (III) Coordination with entities 
                                that discharge water.--The Secretary 
                                shall also coordinate activities under 
                                this clause 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.
                            (v) Acquisition of water.--The Secretary 
                        shall incorporate into the program the 
                        acquisition from willing sellers of water from 
                        streams tributary to the San Joaquin River or 
                        other sources to provide flow, dilute 
                        discharges of salt or other constituents, 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.
                            (vi) Purpose.--The purpose of the authority 
                        and direction provided to the Secretary under 
                        this subparagraph 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 assist 
                        the Secretary in meeting any obligations to 
                        Central Valley Project contractors from the New 
                        Melones Project.
                            (vii) Updating of new melones operating 
                        plan.--The Secretary shall update the New 
                        Melones operating plan to take into account, 
                        among other things, the actions described in 
                        this title that are designed to reduce the 
                        reliance on New Melones Reservoir for meeting 
                        water quality and fishery flow objectives, and 
                        to ensure that actions to enhance fisheries in 
                        the Stanislaus River are based on the best 
                        available science.
            (3) Water use efficiency.--
                    (A) Water conservation projects.--Activities under 
                this paragraph include water conservation projects that 
                provide water supply reliability, water quality, and 
                ecosystem benefits to the California Bay-Delta system.
                    (B) Technical assistance.--Activities under this 
                paragraph include technical assistance for urban and 
                agricultural water conservation projects.
                    (C) Water recycling and desalination projects.--
                Activities under this paragraph include 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.
                    (D) Water measurement and transfer actions.--
                Activities under this paragraph include water 
                measurement and transfer actions.
                    (E) Urban water conservation.--Activities under 
                this paragraph include implementation of best 
                management practices for urban water conservation.
                    (F) Reclamation and recycling projects.--
                            (i) Projects.--This subparagraph applies 
                        to--
                                    (I) 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
                                    (II) projects identified in 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).
                            (ii) Deadline.--Not later than 180 days 
                        after the date of enactment of this Act, the 
                        Secretary shall--
                                    (I) complete the review of the 
                                existing studies of the projects 
                                described in clause (i); and
                                    (II) make the feasibility 
                                determinations described in clause 
                                (iii).
                            (iii) Feasibility determinations.--A 
                        project described in clause (i) is presumed to 
                        be feasible if the Secretary determines for the 
                        project--
                                    (I) in consultation with the 
                                affected local sponsoring agency and 
                                the State, that the existing planning 
                                and environmental studies for the 
                                project (together with supporting 
                                materials and documentation) have been 
                                prepared consistent with Bureau of 
                                Reclamation procedures for projects 
                                under consideration for financial 
                                assistance under the Reclamation 
                                Wastewater and Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h et 
                                seq.); and
                                    (II) that the planning and 
                                environmental studies for the project 
                                (together with supporting materials and 
                                documentation) demonstrate that the 
                                project will contribute to the goals of 
                                improving water supply reliability in 
                                the Calfed solution area or the 
                                Colorado River Basin within the State 
                                and otherwise meets the requirements of 
                                section 1604 of the Reclamation 
                                Wastewater and Groundwater Study and 
                                Facilities Act (43 U.S.C. 390h-2).
                            (iv) Report.--Not later than 90 days after 
                        the date of completion of a feasibility study 
                        or the review of a feasibility study under this 
                        subparagraph, the Secretary shall submit to the 
                        appropriate authorizing and appropriating 
                        committees of the Senate and the House of 
                        Representatives a report describing the results 
                        of the study or review.
            (4) Water transfers.--Activities under this paragraph 
        consist of--
                    (A) increasing the availability of existing 
                facilities for water transfers;
                    (B) lowering transaction costs through permit 
                streamlining; and
                    (C) maintaining a water transfer information 
                clearinghouse.
            (5) Integrated regional water management plans.--Activities 
        under this paragraph 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.
            (6) Ecosystem restoration.--
                    (A) In general.--Activities under this paragraph 
                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 or 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.
                    (B) Reporting requirements.--The Secretary or the 
                head of the relevant Federal agency (as appropriate 
                under clause (ii)) shall provide to the appropriate 
                authorizing committees of the Senate and the House of 
                Representatives and other appropriate parties in 
                accordance with this subparagraph--
                            (i) an annual ecosystem program plan report 
                        in accordance with subparagraph (C); and
                            (ii) detailed project reports in accordance 
                        with subparagraph (D).
                    (C) Annual ecosystem program plan.--
                            (i) In general.--Not later than October 1 
                        of each year, with respect to each ecosystem 
                        restoration action carried out using Federal 
                        funds under this title, the Secretary, in 
                        consultation with the Governor, shall submit to 
                        the appropriate authorizing committees of the 
                        Senate and the House of Representatives an 
                        annual ecosystem program plan report.
                            (ii) Purposes.--The purposes of the report 
                        are--
                                    (I) to describe the projects and 
                                programs to implement this subsection 
                                in the following fiscal year; and
                                    (II) to establish priorities for 
                                funding the projects and programs for 
                                subsequent fiscal years.
                            (iii) Contents.--The report shall 
                        describe--
                                    (I) the goals and objectives of the 
                                programs and projects;
                                    (II) program accomplishments;
                                    (III) major activities of the 
                                programs;
                                    (IV) the Federal agencies involved 
                                in each project or program identified 
                                in the plan and the cost-share 
                                arrangements with cooperating agencies;
                                    (V) 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) implementation schedules and 
                                budgets;
                                    (VII) existing monitoring programs 
                                and performance measures;
                                    (VIII) the status and effectiveness 
                                of measures to minimize the impacts of 
                                the program on agricultural land; and
                                    (IX) a description of expected 
                                benefits of the restoration program 
                                relative to the cost.
                            (iv) Special rule for land acquisition 
                        using federal funds.--For each ecosystem 
                        restoration project involving land acquisition 
                        using Federal funds under this title, the 
                        Secretary shall--
                                    (I) identify the specific parcels 
                                to be acquired in the annual ecosystem 
                                program plan report under this 
                                subparagraph; or
                                    (II) not later than 150 days before 
                                the project is approved, provide to the 
                                appropriate authorizing committees of 
                                the Senate and the House of 
                                Representatives, the United States 
                                Senators from the State, and the United 
                                States Representative whose district 
                                would be affected, notice of any such 
                                proposed land acquisition using Federal 
                                funds under this title submitted to the 
                                Federal or State agency.
                    (D) Detailed project reports.--
                            (i) In general.--In the case of each 
                        ecosystem restoration program or project funded 
                        under this title that is not specifically 
                        identified in an annual ecosystem program plan 
                        under subparagraph (C), not later than 45 days 
                        prior to approval, the Secretary, in 
                        coordination with the State, shall submit to 
                        the appropriate authorizing committees of the 
                        Senate and the House of Representatives 
                        recommendations on the proposed program or 
                        project.
                            (ii) Contents.--The recommendations shall--
                                    (I) describe the selection of the 
                                program or project, including the level 
                                of public involvement and independent 
                                science review;
                                    (II) describe the goals, 
                                objectives, and implementation schedule 
                                of the program or project, and the 
                                extent to which the program or project 
                                addresses regional and programmatic 
                                goals and priorities;
                                    (III) describe the monitoring plans 
                                and performance measures that will be 
                                used for evaluating the performance of 
                                the proposed program or project;
                                    (IV) identify any cost-sharing 
                                arrangements with cooperating entities;
                                    (V) identify how the proposed 
                                program or project will comply with all 
                                applicable Federal and State laws, 
                                including the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                    (VI) in the case of any program or 
                                project involving the acquisition of 
                                private land using Federal funds under 
                                this title--
                                            (aa) describe the process 
                                        and timing of notification of 
                                        interested members of the 
                                        public and local governments;
                                            (bb) describe the measures 
                                        taken to minimize impacts on 
                                        agricultural land pursuant to 
                                        the Record of Decision; and
                                            (cc) include preliminary 
                                        management plans for all 
                                        properties to be acquired with 
                                        Federal funds, including an 
                                        overview of existing conditions 
                                        (including habitat types in the 
                                        affected project area), the 
                                        expected ecological benefits, 
                                        preliminary cost estimates, and 
                                        implementation schedules.
            (7) Watersheds.--Activities under this paragraph consist 
        of--
                    (A) building local capacity to assess and manage 
                watersheds affecting the Delta system;
                    (B) technical assistance for watershed assessments 
                and management plans; and
                    (C) developing and implementing locally-based 
                watershed conservation, maintenance, and restoration 
                actions.
            (8) Water quality.--Activities under this paragraph consist 
        of--
                    (A) addressing drainage problems in the San Joaquin 
                Valley to improve downstream water quality (including 
                habitat restoration projects that improve water 
                quality) if--
                            (i) a plan is in place for monitoring 
                        downstream water quality improvements; and
                            (ii) State and local agencies are consulted 
                        on the activities to be funded;
                except that no right, benefit, or privilege is created 
                as a result of this subparagraph;
                    (B) implementation of source control programs in 
                the Delta and its tributaries;
                    (C) 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;
                    (D) investing in treatment technology demonstration 
                projects;
                    (E) controlling runoff into the California 
                aqueduct, the Delta-Mendota Canal, and other similar 
                conveyances;
                    (F) addressing water quality problems at the North 
                Bay Aqueduct;
                    (G) supporting and participating in the development 
                of projects to enable San Francisco Bay 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 utilized to 
                        meet the objectives of this subparagraph;
                    (H) development of water quality exchanges and 
                other programs to make high quality water available for 
                urban and other users;
                    (I) development and implementation of a plan to 
                meet all Delta water quality standards for which the 
                Federal and State water projects have responsibility;
                    (J) development of recommendations through science 
                panels and advisory council processes to meet the 
                Calfed Bay-Delta Program goal of continuous improvement 
                in water quality for all uses; and
                    (K) projects that are consistent with the framework 
                of the water quality component of the Calfed Bay-Delta 
                Program.
            (9) Science.--Activities under this paragraph consist of--
                    (A) supporting establishment and maintenance of an 
                independent science board, technical panels, and 
                standing boards to provide oversight and peer review of 
                the Program;
                    (B) conducting expert evaluations and scientific 
                assessments of all Program elements;
                    (C) coordinating existing monitoring and scientific 
                research programs;
                    (D) developing and implementing adaptive management 
                experiments to test, refine, and improve scientific 
                understandings;
                    (E) establishing performance measures, and 
                monitoring and evaluating the performance of all 
                Program elements; and
                    (F) preparing an annual science report.
            (10) Diversification of water supplies.--Activities under 
        this paragraph 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 
        section 3406(d)(2) of the Central Valley Project Improvement 
        Act (Public Law 102-575; 106 Stat. 4723).
    (e) New and Expanded Authorizations for Federal Agencies.--
            (1) In general.--The heads of the Federal agencies 
        described in this subsection are authorized to carry out the 
        activities described in subsection (f) during each of fiscal 
        years 2005 through 2010, in coordination with the Governor.
            (2) Secretary of the interior.--The Secretary of the 
        Interior is authorized to carry out the activities described in 
        paragraphs (1), (2), and (4) of subsection (f).
            (3) Administrator of the environmental protection agency 
        and the secretaries of agriculture and commerce.--The 
        Administrator of the Environmental Protection Agency, the 
        Secretary of Agriculture, and the Secretary of Commerce are 
        authorized to carry out the activities described in subsection 
        (f)(4).
            (4) Secretary of the army.--The Secretary of the Army is 
        authorized to carry out the activities described in paragraphs 
        (3) and (4) of subsection (f).
    (f) Description of Activities Under New and Expanded 
Authorizations.--
            (1) Conveyance.--Of the amounts authorized to be 
        appropriated under section 109, not more than $184,000,000 may 
        be expended for the following:
                    (A) San luis reservoir.--Funds may be expended for 
                feasibility studies, evaluation, and implementation of 
                the San Luis Reservoir lowpoint improvement project, 
                except that Federal participation in any construction 
                of an expanded Pacheco Reservoir shall be subject to 
                future congressional authorization.
                    (B) Intertie.--Funds may be expended for 
                feasibility studies and evaluation of increased 
                capacity of the intertie between the State Water 
                Project California Aqueduct and the Central Valley 
                Project Delta Mendota Canal.
                    (C) Franks tract.--Funds may be expended for 
                feasibility studies and actions at Franks Tract to 
                improve water quality in the Delta.
                    (D) Clifton court forebay and the tracy pumping 
                plant.--Funds may be expended for feasibility studies 
                and design of fish screen and intake facilities at 
                Clifton Court Forebay and the Tracy Pumping Plant 
                facilities.
                    (E) Drinking water intake facilities.--
                            (i) In general.--Funds may be expended for 
                        design and construction of the relocation of 
                        drinking water intake facilities to in-Delta 
                        water users.
                            (ii) Drinking water quality.--The Secretary 
                        shall coordinate actions for relocating intake 
                        facilities on a time schedule consistent with 
                        subsection (d)(2)(A)(i)(I)(bb) or take other 
                        actions necessary to offset the degradation of 
                        drinking water quality in the Delta due to the 
                        South Delta Improvement Program.
                    (F) New melones reservoir.--
                            (i) In general.--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 the New 
                        Melones Reservoir for meeting water quality 
                        standards and flow objectives for which the 
                        Central Valley Project has responsibility to 
                        assist in meeting allocations to Central Valley 
                        Project contractors from the New Melones 
                        Project.
                            (ii) Purpose.--The authorization under this 
                        subparagraph is solely meant to add flexibility 
                        for the Secretary to meet any obligations of 
                        the Secretary 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.
                            (iii) Funding.--Of the amounts authorized 
                        to be appropriated under section 109, not more 
                        than $30,000,000 may be expended to carry out 
                        clause (i).
                    (G) Recirculation of export water.--Funds may be 
                used to conduct feasibility studies, evaluate, and, if 
                feasible, implement the recirculation of export water 
                to reduce salinity and improve dissolved oxygen in the 
                San Joaquin River.
            (2) Environmental water account.--
                    (A) In general.--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.
                    (B) Nonreimbursable federal expenditure.--
                Expenditures under subparagraph (A) shall be considered 
                a nonreimbursable Federal expenditure in recognition of 
                the payments of the contractors of the Central Valley 
                Project to the Restoration Fund created by the Central 
                Valley Project Improvement Act (Title XXXIV of Public 
                Law 102-575; 106 Stat. 4706).
                    (C) Use of restoration fund.--
                            (i) In general.--Of the amounts 
                        appropriated for the Restoration Fund for each 
                        fiscal year, an amount not to exceed 
                        $10,000,000 for any fiscal year may be used to 
                        implement the Environmental Water Account to 
                        the extent those actions are consistent with 
                        the fish and wildlife habitat restoration and 
                        improvement purposes of the Central Valley 
                        Project Improvement Act.
                            (ii) Accounting.--Any such use of the 
                        Restoration Fund shall count toward the 33 
                        percent of funds made available to the 
                        Restoration Fund that, pursuant to section 
                        3407(a) of the Central Valley Project 
                        Improvement Act, are otherwise authorized to be 
                        appropriated to the Secretary to carry out 
                        paragraphs (4) through (6), (10) through (18), 
                        and (20) through (22) of section 3406(b) of 
                        that Act.
                            (iii) Federal funding.--The $10,000,000 
                        limitation on the use of the Restoration Fund 
                        for the Environmental Water Account under 
                        clause (i) does not limit the appropriate 
                        amount of Federal funding for the Environmental 
                        Water Account.
            (3) Levee stability.--
                    (A) In general.--For purposes of implementing the 
                Calfed Bay-Delta Program within the Delta (as defined 
                in Cal. Water Code  12220)), the Secretary of the Army 
                is authorized to undertake the construction and 
                implementation of levee stability programs or projects 
                for such purposes as flood control, ecosystem 
                restoration, water supply, water conveyance, and water 
                quality objectives.
                    (B) Report.--Not later than 180 days after the date 
                of enactment of this Act, the Secretary of the Army 
                shall submit to the appropriate authorizing and 
                appropriating committees of the Senate and the House of 
                Representatives a report that describes the levee 
                stability reconstruction projects and priorities that 
                will be carried out under this title during each of 
                fiscal years 2005 through 2010.
                    (C) Small flood control projects.--Notwithstanding 
                the project purpose, the authority granted under 
                section 205 of the Flood Control Act of 1948 (33 U.S.C. 
                701s) shall apply to each project authorized under this 
                paragraph.
                    (D) Projects.--Of the amounts authorized to be 
                appropriated under section 109, not more than 
                $90,000,000 may be expended to--
                            (i) reconstruct Delta levees to a base 
                        level of protection (also known as the ``Public 
                        Law 84-99 standard'');
                            (ii) enhance the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects Program;
                            (iii) develop best management practices to 
                        control and reverse land subsidence on Delta 
                        islands;
                            (iv) develop a Delta Levee Emergency 
                        Management and Response Plan that will enhance 
                        the ability of Federal, State, and local 
                        agencies to rapidly respond to levee 
                        emergencies;
                            (v) develop a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes;
                            (vi) reconstruct Delta levees using, to the 
                        maximum extent practicable, dredged materials 
                        from the Sacramento River, the San Joaquin 
                        River, and the San Francisco Bay in 
                        reconstructing Delta levees;
                            (vii) coordinate Delta levee projects with 
                        flood management, ecosystem restoration, and 
                        levee protection projects of the lower San 
                        Joaquin River and lower Mokelumne River 
                        floodway improvements and other projects under 
                        the Sacramento-San Joaquin Comprehensive Study; 
                        and
                            (viii) evaluate and, if appropriate, 
                        rehabilitate the Suisun Marsh levees.
            (4) Program management, oversight, and coordination.--
                    (A) In general.--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.
                    (B) Program-wide activities.--Of the amount 
                referred to in subparagraph (A), not less than 50 
                percent of the appropriated amount shall be provided to 
                the California Bay-Delta Authority to carry out 
                Program-wide management, oversight, and coordination 
                activities.

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 planning and 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) Governance.--
            (1) In general.--In carrying out the Calfed Bay-Delta 
        Program, the Secretary and the Federal agency heads are 
        authorized to participate as nonvoting members of the 
        California Bay-Delta Authority, as established in the 
        California Bay-Delta Authority Act (Cal. Water Code Sec. 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.
            (2) Relationship to federal law and agencies.--Nothing in 
        this subsection shall preempt or otherwise affect any Federal 
        law or limit the statutory authority of any Federal agency.
            (3) California bay-delta authority.--
                    (A) Advisory committee.--The California Bay-Delta 
                Authority shall not be considered an advisory committee 
                within the meaning of the Federal Advisory Committee 
                Act (5 U.S.C. App.).
                    (B) Financial interest.--The financial interests of 
                the California Bay-Delta Authority shall not be imputed 
                to any Federal official participating in the Authority.
                    (C) Ethics requirements.--A Federal official 
                participating in the California Bay-Delta Authority 
                shall remain subject to Federal financial disclosure 
                and conflict of interest laws and shall not be subject 
                to State financial disclosure and conflict of interest 
                laws.
    (e) Environmental Justice.--The Federal agencies, consistent with 
Executive Order 12898 (59 Fed. Reg. 7629), should continue to 
collaborate with State agencies 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.
    (f) 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.

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) or 
                section 103(d)(1)(B); and
                    (C) includes any revised schedule prepared under 
                subsection (b) or section 103(d)(1)(B)(iii)(II).
            (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;
                            (ii) water quality, including--
                                    (I) the water quality targets 
                                described in section 2.2.9 of the 
                                Record of Decision; and
                                    (II) 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;
                            (ix) water supply reliability (including 
                        new firm yield), including progress in 
                        achieving the water supply targets described in 
                        section 2.2.4 of the Record of Decision and any 
                        pending actions that may affect the ability of 
                        the Calfed Bay-Delta Program to achieve those 
                        targets; and
                            (x) the uses and assets of the 
                        environmental water account described in 
                        section 2.2.7 of the Record of Decision;
                    (E) Program goals, current schedules, and relevant 
                financing agreements, including funding levels 
                necessary to achieve completion of the feasibility 
                studies and environmental documentation for the surface 
                storage projects identified in section 103 by not later 
                than September 30, 2008;
                    (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;
                    (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 determines 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 
        and the Governor, in coordination with 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 intent of 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 
appropriate 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 subsections (b) through 
(f) of section 103.
    (c) Report.--Not later than 30 days after 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 subsections (b) 
        through (f) of section 103; and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities under subsections (b) through (f) of section 103.

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 2010 in the 
aggregate, as set forth in the Record of Decision, shall not exceed 
33.3 percent.
    (b) Payment for Benefits.--The Secretary shall ensure that all 
beneficiaries, including beneficiaries of environmental restoration and 
other Calfed program elements, shall pay for the benefit received from 
all projects or activities carried out under the Calfed Bay-Delta 
Program.
    (c) Integrated Resource Planning.--Federal expenditures for the 
Calfed Bay-Delta Program shall be implemented in a manner that 
encourages 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; or
            (5) alters or modifies 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 subsections 
(e) and (f) of section 103 $389,000,000 for the period of fiscal years 
2005 through 2010, to remain available until expended.

                        TITLE II--MISCELLANEOUS

SEC. 201. SALTON SEA STUDY PROGRAM.

    Not later than December 31, 2006, the Secretary of the Interior, in 
coordination with the State of California and the Salton Sea Authority, 
shall complete a feasibility study on a preferred alternative for 
Salton Sea restoration.

SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVATION PROJECT 
              FEASIBILITY STUDY AND REPORT.

    (a) Study.--Pursuant to Federal reclamation law (the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.)), the Secretary of the 
Interior (referred to in this section as the ``Secretary''), through 
the Bureau of Reclamation, and in consultation and cooperation with the 
El Dorado Irrigation District, is authorized to conduct a study to 
determine the feasibility of constructing a project on Alder Creek in 
El Dorado County, California, to store water and provide water supplies 
during dry and critically dry years for consumptive use, recreation, 
in-stream flows, irrigation, and power production.
    (b) Report.--
            (1) Transmission.--On completion of the study authorized by 
        subsection (a), the Secretary shall transmit to the Committee 
        on Resources of the House of Representatives and the Committee 
        on Energy and Natural Resources of the Senate a report 
        containing the results of the study.
            (2) Contents of report.--The report shall contain 
        appropriate cost sharing options for the implementation of the 
        project based on the use and possible allocation of any stored 
        water.
            (3) Use of available materials.--In developing the report 
        under this section, the Secretary shall use reports and any 
        other relevant information supplied by the El Dorado Irrigation 
        District.
    (c) Cost Share.--
            (1) Federal share.--The Federal share of the costs of the 
        feasibility study authorized by this section shall not exceed 
        50 percent of the total cost of the study.
            (2) In-kind contribution for non-federal share.--The 
        Secretary may accept as part of the non-Federal cost share the 
        contribution such in-kind services by the El Dorado Irrigation 
        District as the Secretary determines will contribute to the 
        conduct and completion of the study.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE AUTHORIZATION.

    Section 1(c) of Public Law 105-295 (112 Stat. 2820) (as amended by 
section 219(b) of Public Law 108-137 (117 Stat. 1853)) is amended in 
the second sentence by striking ``$3,500,000'' and inserting 
``$6,250,000''.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 2828

_______________________________________________________________________

                               AMENDMENT
```