I 

108TH CONGRESS 

1ST SESSION H. R. 2828

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 

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.

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

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

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Purposes. 

TITLE I—DEPARTMENT OF INTERIOR, COMPETITIVE GRANT 

PROGRAM 

Sec. 101. General authority. 

Sec. 102. Authority to study, plan, design, and construct. 

Sec. 103. Criteria for grants. 

Sec. 104. Annual report. 

Sec. 105. Authorization of appropriations. 

Sec. 106. Limitation on eligibility for funding. 

TITLE II—CALIFORNIA WATER SECURITY AND ENVIRONMENTAL 

ENHANCEMENT ACT 

Sec. 201. CALFED Bay-Delta Program. 

Sec. 202. Management. 

Sec. 203. Implementation schedule report. 

Sec. 204. Authorization of appropriations. 

Sec. 205. Federal share of costs. 

Sec. 206. Use of existing authorities and funds. 

Sec. 207. Compliance with State and Federal law. 

TITLE III—SALTON SEA 

Sec. 301. Funding to address Salton Sea. 

TITLE IV—ESTABLISHMENT OF CENTRALIZED REGULATORY 

OFFICE 

Sec. 401. Establishment of office. 

Sec. 402. Acceptance and expenditure of contributions. 

TITLE V—RURAL WATER SUPPLY PROGRAM 

Sec. 501. Rural water supply program.

6 SEC. 3. DEFINITIONS. 

7 For purposes of this Act: 
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1 (1) BAY-DELTA SOLUTION AREA.—The term 

2 ‘‘Bay-Delta solution area’’ means the Bay-Delta wa3 tershed and the San Francisco Bay/Sacramento-San 

4 Joaquin Delta Estuary, California, and the areas in 

5 which diverted/exported water is used. 

6 (2) BAY-DELTA WATERSHED.—The term ‘‘Bay7 Delta watershed’’ means the Sacramento River-San 

8 Joaquin River Delta, and the rivers and watersheds 

9 that are tributary to that delta. 

10 (3) CALFED BAY-DELTA PROGRAM.—The term 

11 ‘‘CALFED Bay-Delta Program’’ means the pro12 grams, projects, complementary actions, and activi13 ties undertaken through coordinated planning, im14 plementation, and assessment activities of the State 

15 and Federal agencies in a manner consistent with 

16 the Objectives and Solution Principles of the 

17 CALFED Bay-Delta Program as stated in the 

18 Record of Decision. 

19 (4) CONGRESSIONAL AUTHORIZING COMMIT20 TEES.—The term ‘‘congressional authorizing com21 mittees’’ means the Committee on Energy and Nat22 ural Resources of the Senate and the Committee on 

23 Resources of the House of Representatives. 
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1 (5) COMMISSIONER.—The term ‘‘commissioner’’ 

2 means the Commissioner of the Bureau of Reclama3 tion. 

4 (6) ENVIRONMENTAL WATER ACCOUNT.—The 

5 term ‘‘Environmental Water Account’’ means the 

6 water account established by the Federal agencies 

7 and State agencies pursuant to the Record of Deci8 sion to reduce incidental take and provide a mecha9 nism for recovery of species. 

10 (7) FEDERAL AGENCIES.—The term ‘‘Federal 

11 agencies’’ means the Federal agencies that are sig12 natories to Attachment 3 of the Record of Decision. 

13 (8) GOVERNOR.—The term ‘‘Governor’’ means 

14 the Governor of the State of California. 

15 (9) IMPLEMENTATION MEMORANDUM.—The 

16 term ‘‘Implementation Memorandum’’ means the 

17 Calfed Bay-Delta Program Implementation Memo18 randum of Understanding dated August 28, 2000, 

19 executed by the Federal agencies and the State 

20 agencies, as such record of decision may be adapted 

21 or modified by the Secretary in accordance with ap22 plicable law. 

23 (10) RECLAMATION STATES.—The term ‘‘Rec24 lamation States’’ means the States of Arizona, Cali25 fornia, Colorado, Idaho, Kansas, Montana, Ne-
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1 braska, Nevada, New Mexico, North Dakota, Okla2 homa, Oregon, South Dakota, Utah, Washington, 

3 Wyoming, and Texas. 

4 (11) RECORD OF DECISION.—The term 

5 ‘‘Record of Decision’’ means the Federal pro6 grammatic Record of Decision dated August 28, 

7 2000, issued by the Federal agencies and supported 

8 by the State. 

9 (12) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the Interior. 

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

12 State of California. 

13 (14) STATE AGENCIES.—The term ‘‘State agen14 cies’’ means the California State agencies that are 

15 signatories to Attachment 3 of the Record of Deci16 sion. 

17 (15) WATER RESOURCE AGENCIES.—The term 

18 ‘‘Water resource agencies’’ means the Federal agen19 cies that are signatories to Attachment 3 of the 

20 Record of Decision. 

21 (16) WATER SUPPLY.—The term ‘‘water sup22 ply’’ means a quantity of water that is developed or 

23 derived from—

24 (A) increased water yield; 

25 (B) recycling existing sources; 
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1 (C) desalination of seawater or brackish 

2 water; 

3 (D) surface or ground water storage; 

4 (E) conservation; or

5 (F) other actions or water management 

6 tools that improve the availability and reliability 

7 of water supplies for beneficial uses in all water 

8 year types, including critically dry years. 

9 (17) WATER YIELD.—The term ‘‘water yield’’ 

10 means a new quantity of water in storage that is re11 liably available in critically dry years for beneficial 

12 uses. 

13 SEC. 4. PURPOSES. 

14 The purposes of this Act are as follows: 

15 (1) To enhance and improve water supply, 

16 water yield, and water reliability coordinated 

17 through the Secretary, in cooperation, and consulta18 tion with Water Resource Agencies. 

19 (2) To foster and promote the development of 

20 supplemental and new water supplies, coordinated 

21 through the Secretary, in consultation and coordina22 tion with the Water Resource Agencies, through 

23 water reuse and salinity management. 

24 (3) To establish a competitive, performance25 based program, coordinated through the Secretary, 
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1 in consultation and coordination with the Water Re2 source Agencies, to provide financial incentives to 

3 entities to develop demonstration projects designed 

4 to treat seawater and brackish water, wastewater 

5 and impaired ground water. 

6 (4) To establish an office, in any Reclamation 

7 State requesting such an office, for the use of all 

8 Federal and State agencies that will be involved in 

9 issuing permits and conducting environmental re10 views for water supply, water supply capital im11 provement projects, levee maintenance, and delivery 

12 systems in any Reclamation State requesting such 

13 an office. 

14 (5) To provide assistance to States, municipali15 ties, other local governmental agencies (including 

16 soil and water conservation districts) and investor17 owned utilities that provide municipal water supply 

18 service pursuant to State law in the design and con19 struction of projects to desalinate seawater and put 

20 to beneficial use impaired ground water and brack21 ish water. 

22 (6) To implement and abide by the 4 primary 

23 objectives and solution principles set forth in the 

24 CALFED Bay-Delta Program. To authorize funding 

25 and coordinate sustained funding sources, through 
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1 the Secretary, for the implementation of a com2 prehensive program to achieve increased water yield 

3 and water supply, improved water quality, and en4 hanced environmental benefits as well as improved 

5 water system reliability, water use efficiency, water6 shed management, water transfers, and levee protec7 tion. 

8 (7) To implement other related provisions to 

9 improve water supply and yield.

10 TITLE I—DEPARTMENT OF INTE11 RIOR, COMPETITIVE GRANT 

12 PROGRAM 

13 SEC. 101. GENERAL AUTHORITY. 

14 (a) ESTABLISHMENT OF A WATER RESOURCES CO15 ORDINATION OFFICE.—There shall be established within 

16 the Office of the Secretary the Office of the Federal Water 

17 Resources Coordinator (referred to in this title as the ‘‘Co18 ordinator’’) who shall be responsible for coordinating the 

19 Water Resource Agencies activities addressing water de20 salination (including sea and brackish water), impaired 

21 ground water, brine removal, and water reuse projects and 

22 activities authorized under this title. 

23 (b) SECRETARIAL RESPONSIBILITY.—The Secretary, 

24 through the Coordinator, shall carry out the responsibil25 ities, as specifically identified as a responsibility of the Co-
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1 ordinator under this title, and may not delegate these re2 sponsibilities to the Water Resource Agencies. The Coordi3 nator at its sole option may use the services of the Water 

4 Resource Agencies on any project deemed necessary. 

5 (c) ASSESSMENT OF EXISTING FEDERAL AUTHORI6 TIES.—The Secretary, through the Coordinator and in 

7 consultation with the Water Resource agencies, shall de8 velop and transmit to Congress no later than 60 days after 

9 enactment of this Act, an assessment report that identifies 

10 the following: 

11 (1) A list of authorities, including mandatory 

12 and discretionary trust funds, other than those 

13 under this title, to undertake activities under section 

14 102. 

15 (2) A list of all Water Resource Agencies ex16 penditures since fiscal year 1998 undertaken for 

17 projects and activities related to this title. 

18 (3) A plan of Water Resource Agencies coordi19 nation to meet the criteria, and guidelines as deter20 mined under this title. 

21 (4) A detailed/coordinated Water Resource 

22 Agencies budget review document, including out23 years funding requirements. 

24 (5) Recommendations for alternative financing 

25 mechanisms. 
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1 (d) ESTABLISHMENT OF GUIDELINES FOR ACTIVI2 TIES UNDERTAKEN BY THE COORDINATOR.—

3 (1) RULES AND GUIDELINES.—In carrying out 

4 activities under this title the Secretary, acting 

5 through the Coordinator, in coordination with the 

6 Water Resource Agencies, shall issue rules and 

7 guidelines for the submission of selection, solicita8 tion, and timelines of eligible projects and activities 

9 seeking grants assistance to analyze, plan, develop 

10 and construct, including but not limited to, the fol11 lowing: 

12 (A) Sea and brackish water desalination 

13 projects, including analysis and technology de14 velopment, reclamation of wastewater, and im15 paired ground and surface waters. 

16 (B) Brine management and disposal, in17 cluding analysis and technology development. 

18 Such analysis shall include, but not be limited 

19 to, the effects of concentrate disposal and pos20 sible mitigation measures. 

21 (C) Water reuse, including, but not limited 

22 to, techniques for cleanup and treatment of 

23 ground water contamination, especially ground 

24 water basins that are the primary source of 

25 drinking water supplies. 
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1 (2) EQUITABLE SELECTION.—The Secretary 

2 shall ensure the rules and guidelines provide for the

3 equitable selection, to the maximum extent prac4 ticable, of projects and distribution of grants among 

5 the eligible activities identified under this section. 

6 (3) TIMEFRAME.—Such rules and guidelines 

7 shall be issued not later than 90 days after the date 

8 of the enactment of this Act. 

9 (e) AGENCY PARTICIPATION.—The Coordinator, in 

10 consultation with the Water Resource Agencies, shall—

11 (1) determine available and appropriate ac12 counts, both mandatory and permanent, including 

13 Federal trust funds; and 

14 (2) direct the Federal agency heads to spend 

15 authorized funds, if available within their agency, 

16 based on their proportional Federal interest. 

17 SEC. 102. AUTHORITY TO STUDY, PLAN, DESIGN, AND CON18 STRUCT. 

19 (a) IN GENERAL.—The Secretary, through the Coor20 dinator, in cooperation and consultation with the Water 

21 Resource Agencies, shall undertake a competitive grant 

22 program—

23 (1) to investigate and identify opportunities for 

24 the study, plan, and design of activities under this 

25 title; and 
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1 (2) to construct demonstration and permanent 

2 facilities, or the implementation of other programs 

3 and activities, to meet the criteria under this title. 

4 (b) CONDITIONS.—No grant may be made under this 

5 title for the design and construction of any project until 

6 after—

7 (1) an appraisal investigation and a feasibility 

8 study (which may be performed, if applicable, by the 

9 non-Federal sponsor and submitted to the Secretary, 

10 through the Coordinator, for review) have been com11 pleted and approved by the Secretary, through the 

12 Coordinator; 

13 (2) the Secretary, through the Coordinator, has 

14 determined that, if applicable, the non-Federal 

15 project sponsor has the financial resources available 

16 to fund the non-Federal share of the project’s costs; 

17 and 

18 (3) the Secretary, through the Coordinator, has 

19 approved, if applicable, a cost-sharing agreement 

20 with the non-Federal project sponsor that commits 

21 the non-Federal project sponsor to funding its share 

22 of the project’s construction costs on an annual 

23 basis, and ongoing operations and maintenance. 
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1 SEC. 103. CRITERIA FOR GRANTS. 

2 In making grants pursuant to this title, the Sec3 retary, acting through the Coordinator shall give priority 

4 to those projects which meet at least one of the following 

5 criteria: 

6 (1) The requirements of the Secretary, as appli7 cable, and any applicable State requirements. 

8 (2) Is agreed to by the Federal and non-Fed9 eral entities with authority and responsibility for the 

10 project. 

11 (3) Increase water supply yield. 

12 (4) Improve water use efficiency and water con13 servation. 

14 (5) Reduce or stabilize demand on existing Fed15 eral and State water supply facilities. 

16 (6) Improve water quality. 

17 (7) Employ innovative approaches, including 

18 but not limited to, ground water recharge. 

19 (8) Facilitate the transfer and adoption of tech20 nology. 

21 (9) Employ regional solutions that increase the 

22 availability of locally and regionally developed water 

23 supplies. 

24 (10) Remediate a contaminated ground water 

25 basin. 
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1 (11) Provide a secure source of new water sup2 plies for national defense activities. 

3 (12) Reduce the threat of a water supply dis4 ruption as a result of a natural disaster or acts of 

5 terrorism. 

6 (13) Help Water Resource Agencies meet exist7 ing legal requirements, contractual water supply ob8 ligations, Indian trust responsibilities, water rights 

9 settlements, water quality control plans and depart10 ment of health requirements, Federal and State en11 vironmental laws, the Federal Water Pollution Con12 trol Act, or other obligations. 

13 (14) Promote and applies a regional or water14 shed approach to water resource management or 

15 cross-boundary issues, implements an integrated re16 sources management approach, increases water man17 agement flexibility, or forms a partnership with 

18 other entities. 

19 (15) Improve health and safety of the general 

20 public. 

21 (16) Provide benefits outside the region in 

22 which the project occurs. 

23 (17) Provide benefits to the agricultural com24 munity. 
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1 SEC. 104. ANNUAL REPORT. 

2 The Secretary shall provide the Congress an annual 

3 report that includes the following: 

4 (1) A list of projects, and project details, 

5 amount of past, current, and projected funding. 

6 (2) Documentation of the accounts within the 

7 Water Resource Agencies funding. 

8 (3) The benefits gained by projects, and to 

9 which beneficiaries and users, funded under this 

10 title. 

11 (4) An assessment of how the project met each 

12 of the evaluation criteria under this title. 

13 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) ACTIVITIES AND PROJECTS UNDER THIS

15 TITLE.—

16 (1) DETERMINATION OF WATER RESOURCES

17 AGENCY PARTICIPATION.—If existing authorities are 

18 not available to carry out activities addressed under 

19 this title, the Coordinator, in consultation with the 

20 Water Resource agencies, shall make the determina21 tion of Federal participation and Federal agency 

22 cost share. 

23 (2) FUNDING.—Subject to section 105(a)(1) 

24 and section 105(b), there are authorized to be ap25 propriated—

26 (A) $50,000,000 for fiscal year 2004; and
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1 (B) $100,000,000 for each fiscal year 

2 thereafter. 

3 (b) LIMITATIONS ON GRANTS.—

4 (1) LOCATION OF PROJECT.—Grants carried 

5 out by the Secretary, through the Coordinator, may 

6 be carried out through the 50 States. 

7 (2) PER STATE LIMIT.—Except as provided in 

8 under this section, of the amount available in a fis9 cal year for grants under this title, not more than 

10 30 percent may be used for projects in a single 

11 State. 

12 (c) COST SHARING.—Except as provided under this 

13 section, and notwithstanding any other provision of this 

14 title. Grants for projects receiving Federal assistance 

15 under this title shall not exceed the lesser of $50,000,000 

16 (indexed annually for inflation) or 35 percent of the total 

17 cost of the project. 

18 SEC. 106. LIMITATION ON ELIGIBILITY FOR FUNDING. 

19 A project that receives funds under this Act shall be 

20 ineligible to receive Federal funds from any other source 

21 for the same purpose unless such funds are provided to 

22 ensure compliance with a Federal mandate.
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1 TITLE II—CALIFORNIA WATER 

2 SECURITY AND ENVIRON3 MENTAL ENHANCEMENT ACT

4 SEC. 201. CALFED BAY-DELTA PROGRAM. 

5 (a) FINDINGS.—Congress finds as follows: 

6 (1) The mission of the CALFED Bay-Delta 

7 Program is to develop and implement a long-term 

8 comprehensive plan that will increase water supply 

9 and yield, improve water management, and restore 

10 the ecological health of the Bay-Delta solution area. 

11 (2) The CALFED Bay-Delta Program was de12 veloped as a joint Federal-State program to deal ef13 fectively with the multijurisdictional issues involved 

14 in managing the Bay-Delta Watershed. 

15 (b) IN GENERAL.—

16 (1) AUTHORIZATION.—The Federal agencies, in 

17 consultation with State agencies, are authorized to 

18 participate in the CALFED Bay-Delta Program, in 

19 accordance with this title, and consistent with the 

20 Objectives and Solution Principles set forth in the 

21 Record of Decision. 

22 (2) GOALS.—The goals of the CALFED Bay23 Delta Program shall consist of components that in24 clude water supply and yield, ecosystem restoration, 

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

2 Environmental Water Account, levee stability, and 

3 science. 

4 (3) BALANCE.—CALFED Bay-Delta Program 

5 activities consisting of protecting water quality, in6 cluding but not limited to, drinking water quality, 

7 restoring ecological health, improving water supply 

8 reliability, including additional water supply and 

9 water yield and conveyance, and protecting levees in 

10 the Bay-Delta watershed, shall progress in a bal11 anced manner. 

12 (c) ADMINISTRATION OF ACTIVITIES.—

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

14 of the Federal agencies are authorized to carry out 

15 the activities described in this title, subject to the 

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

17 activity—

18 (A) has been subject to environmental re19 view and approval as required under applicable 

20 Federal and State law; and 

21 (B) has been approved and certified by the 

22 Secretary to be consistent with the Objectives 

23 and Solution Principles of the CALFED Bay24 Delta Program as stated in Record of Decision. 
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1 (2) MULTIPLE BENEFIT PROJECTS FAVORED.—

2 The Secretary and Federal agencies are authorized 

3 to carry out the activities set forth in this title. In 

4 selecting projects and programs for increasing water 

5 yield and water supply, improving water quality, and 

6 enhancing environmental benefits, projects and pro7 grams with multiple benefits shall be emphasized. 

8 (3) ELEMENTS REGULATED.—To the extent 

9 that CALFED Bay-Delta Program projects and ele10 ments are subject to regulation under section 404 of 

11 the Clean Water Act, the United States Army Corps 

12 of Engineers and the United States Environmental 

13 Protection Agency shall not consider, as alternatives 

14 to projects that are elements of the overall 

15 CALFED Bay-Delta Program, programs, projects, 

16 or actions beyond those described in the Record of 

17 Decision, nor shall they favor one CALFED Bay18 Delta Program project or element over another. 

19 (4) BALANCE.—The Secretary shall ensure that 

20 all elements of the CALFED Bay-Delta Program 

21 need to be completed and operated cooperatively to 

22 maintain the balanced progress in all CALFED 

23 Bay-Delta Program areas. 

24 (d) PROGRAM ACTIVITIES.—
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1 (1) WATER STORAGE.—Except as provided by 

2 section 207(b), the amounts authorized to be appro3 priated for fiscal years 2004 through 2007 under 

4 this Act, no more than $102,000,000 may be ex5 pended for the following: 

6 (A) WATER STORAGE SUPPLY AND

7 YIELD.—For purposes of implementing the 

8 CALFED Bay-Delta Program, the Secretary is 

9 authorized to undertake all necessary planning 

10 activities and feasibility studies required for the 

11 development of recommendations by the Sec12 retary to Congress on the construction and im13 plementation of specific water supply and yield, 

14 ground water management, and ground water 

15 storage projects and implementation of com16 prehensive water management planning. The re17 quirements of section 9(a) of the Act of August 

18 4, 1939 (43 U.S.C. 485h(a); 53 Stat. 1193) 

19 shall be deemed to be met through the perform20 ance of a feasibility study as authorized within 

21 this section as well as those feasibility studies 

22 authorized under the Consolidated Appropria23 tions Resolution Fiscal Year 2003, Public Law 

24 108–7, House Report 108–10, division D, title 

25 II, section 215.
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1 (B) FEASIBILITY STUDIES.—All feasibility 

2 studies completed for storage projects as a re3 sult of this section shall include identification of 

4 project benefits and beneficiaries and a cost al5 location plan consistent with the benefits to be 

6 received, for both governmental and non-gov7 ernmental entities. 

8 (C) DISAPPROVAL RESOLUTION.—If the 

9 Secretary determines a project to be feasible, 

10 and meets the requirements under subpara11 graph (B), the report shall be submitted to 

12 Congress. If Congress does not pass a dis13 approval resolution of the feasibility study dur14 ing the first 120 days before Congress (not in15 cluding days on which either the House of Rep16 resentatives or the Senate is not in session be17 cause of an adjournment of more than three 

18 calendar days to a day certain) the project shall 

19 be authorized, subject to appropriations. 

20 (D) WATER SUPPLY AND WATER YIELD

21 STUDY.—(i) The Secretary, acting through the 

22 Bureau of Reclamation and in consultation with 

23 the State, shall conduct a study of available 

24 water supplies and water yield and existing de25 mand and future needs for water—
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1 (I) within the units of the Central 

2 Valley Project; 

3 (II) within the area served by Central 

4 Valley Project agricultural water service 

5 contractors and municipal and industrial 

6 water service contractors; and 

7 (III) within the Bay-Delta solution 

8 area. 

9 (ii) RELATIONSHIP TO PRIOR STUDY.—The 

10 study under clause (i) shall incorporate and re11 vise as necessary the study required by section 

12 3408(j) of the Central Valley Project Improve13 ment Act of 1992 (Public Law 102–575). 

14 (E) REPORT.—The Secretary shall submit 

15 a report to the congressional authorizing com16 mittees by not later than 180 days after the 

17 date of the enactment of this title describing 

18 the following: 

19 (i) Water yield and water supply im20 provements, if any, for Central Valley 

21 Project agricultural water service contrac22 tors and municipal and industrial water 

23 service contractors. 

24 (ii) All water management actions or 

25 projects that would improve water yield or 
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1 water supply and that, if taken or con2 structed, would balance available water 

3 supplies and existing demand for those 

4 contractors and other water users of the 

5 Bay-Delta watershed with due recognition 

6 of water right priorities and environmental 

7 needs. 

8 (iii) The financial costs of the actions 

9 and projects described under clause (ii). 

10 (iv) The beneficiaries of those actions 

11 and projects and an assessment of their 

12 willingness to pay the capital costs and op13 eration and maintenance costs thereof. 

14 (F) OTHER ACTIVITIES.—Studying, devel15 oping and implementing ground water manage16 ment and ground water storage projects (not to 

17 exceed $50,000,000); and 

18 (G) PLANNING.—Comprehensive water 

19 management planning (not to exceed 

20 $6,000,000). 

21 (2) CONVEYANCE.—Except as provided by sec22 tion 207(b), the amounts authorized to be appro23 priated for fiscal years 2004 through 2007 under 

24 this Act, no more than $77,000,000 may be ex25 pended for the following: 
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1 (A) South Delta Actions (not to exceed 

2 $45,000,000): 

3 (i) South Delta Improvements Pro4 gram for the following: 

5 (I) To increase the State Water 

6 Project export limit to 8500 cfs, sub7 ject to subclause (VI). 

8 (II) To install permanent, oper9 able barriers in the south Delta. The 

10 Federal Agencies shall cooperate with 

11 the State to accelerate installation of 

12 the permanent, operable barriers in 

13 the south Delta, with the intent to 

14 complete that installation not later 

15 than the end of fiscal year 2006. 

16 (III) To design and construct 

17 fish screens and intake facilities at 

18 Clifton Court Forebay and the Tracy 

19 Pumping Plant facilities. 

20 (IV) To increase the State Water 

21 Project export to the maximum capa22 bility of 10,300 cfs. 

23 (ii) Reduction of agricultural drainage 

24 in south Delta channels and other actions 

25 necessary to minimize impacts of such 
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1 drainage on water quality, including but 

2 not limited to, design and construction of 

3 the relocation of drinking water intake fa4 cilities to delta water users. The Secretary 

5 shall coordinate actions for relocating in6 take facilities on a time schedule consistent 

7 with subclause (i)(II). 

8 (iii) Design and construction of lower 

9 San Joaquin River floodway improvements. 

10 (iv) Installation and operation of tem11 porary barriers in the south Delta until 

12 fully operable barriers are constructed. 

13 (v) Actions to protect navigation and 

14 local diversions not adequately protected by 

15 the temporary barriers. 

16 (vi) Actions to increase pumping shall 

17 be accomplished in a manner consistent 

18 with California law protecting: 

19 (I) deliveries to, costs of, and 

20 water suppliers and water users, in21 cluding but not limited to, agricultural 

22 users, that have historically relied on 

23 water diverted from the Delta; and
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1 (II) the quality of water for exist2 ing municipal, industrial, and agricul3 tural uses. 

4 (vi) Actions at Franks Tract to im5 prove water quality in the Delta. 

6 (B) North Delta Actions (not to exceed 

7 $12,000,000): 

8 (i) Evaluation and implementation of 

9 improved operational procedures for the 

10 Delta Cross Channel to address fishery 

11 and water quality concerns. 

12 (ii) Evaluation of a screened through13 Delta facility on the Sacramento River. 

14 (iii) Design and construction of lower 

15 Mokelumne River floodway improvements. 

16 (C) Interties (not to exceed $10,000,000): 

17 (i) Evaluation and construction of an 

18 intertie between the State Water Project 

19 and the Central Valley Project facilities at 

20 or near the City of Tracy. 

21 (ii) Assessment of the connection of 

22 the Central Valley Project to the State 

23 Water Project’s Clifton Court Forebay 

24 with a corresponding increase in the 

25 Forebay’s screened intake. 
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1 (D) Evaluation and implementation of the 

2 San Luis Reservoir lowpoint improvement 

3 project (not to exceed $10,000,000). 

4 (3) WATER USE EFFICIENCY.—Of the amounts 

5 authorized to be appropriated for fiscal years 2004 

6 through 2007 under this Act, no more than 

7 $153,000,000 may be expended for the following: 

8 (A) Water conservation projects that pro9 vide water supply reliability, water quality, and 

10 ecosystem benefits to the Bay-Delta solution 

11 area (not to exceed $61,000,000). 

12 (B) Technical assistance for urban and ag13 ricultural water conservation projects (not to 

14 exceed $5,000,000). 

15 (C) Water recycling and desalination 

16 projects, including but not limited to projects 

17 identified in the Bay Area Water Recycling 

18 Plan and the Southern California Comprehen19 sive Water Reclamation and Reuse Study (not 

20 to exceed $84,000,000), as follows: 

21 (i) In providing financial assistance 

22 under this clause, the Secretary shall give 

23 priority consideration to projects that in24 clude regional solutions to benefit regional 

25 water supply and reliability needs. 
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1 (ii) The Secretary shall review any 

2 feasibility level studies for seawater desali3 nation and regional brine line projects that 

4 have been completed, whether or not those 

5 studies were prepared with financial assist6 ance from the Secretary. 

7 (iii) The Secretary shall report to the 

8 Congress within 90 days after the comple9 tion of a feasibility study or the review of 

10 a feasibility study for the purposes of pro11 viding design and construction assistance 

12 for the construction of desalination and re13 gional brine line projects. 

14 (iv) The Federal share of the cost of 

15 any activity carried out with assistance 

16 under this clause may not exceed the lesser 

17 of 35 percent of the total cost of the activ18 ity or $50,000,000. 

19 (D) Water measurement and transfer ac20 tions (not to exceed $1,500,000). 

21 (E) Certification of implementation of best 

22 management practices for urban water con23 servation (not to exceed $1,500,000). 

24 (4) WATER TRANSFERS.—Of the amounts au25 thorized to be appropriated for fiscal years 2004 
29

•HR 2828 IH 

1 through 2007 under this Act, no more than 

2 $3,000,000 may be expended for the following: 

3 (A) Increasing the availability of existing 

4 facilities for water transfers. 

5 (B) Lowering transaction costs through 

6 permit streamlining. 

7 (C) Maintaining a water transfer informa8 tion clearinghouse. 

9 (5) ENVIRONMENTAL WATER ACCOUNT.—Of 

10 the amounts authorized to be appropriated for fiscal 

11 years 2004 through 2007 under this Act, no more 

12 than $75,000,000 may be expended for implementa13 tion of the Environmental Water Account. 

14 (6) INTEGRATED REGIONAL WATER MANAGE15 MENT PLANS.—Of the amounts authorized to be ap16 propriated for fiscal years 2004 through 2007 under 

17 this Act, no more than $95,000,000 may be ex18 pended for the following: 

19 (A) Establishing a competitive grants pro20 gram to assist local and regional communities 

21 in California in developing and implementing 

22 integrated regional water management plans to 

23 carry out the Objectives and Solution Principles 

24 of the CALFED Bay-Delta Program as stated 

25 in the Record of Decision. 
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•HR 2828 IH 

1 (B) Implementation of projects and pro2 grams in California that improve water supply 

3 reliability, water quality, ecosystem restoration, 

4 and flood protection, or meet other local and re5 gional needs, that are consistent with, and 

6 make a significant contribution to, Stage 1 of 

7 the CALFED Bay-Delta Program.

8 (7) ECOSYSTEM RESTORATION.—(A) Of the 

9 amounts authorized to be appropriated for fiscal 

10 years 2004 through 2007 under this title, no more 

11 than $100,000,000 may be expended for projects 

12 under this subsection. 

13 (B) The Secretary is authorized to undertake 

14 the following projects under this paragraph: 

15 (i) Restoration of habitat in the San Fran16 cisco Bay-Delta watershed, San Pablo Bay, and 

17 Suisun Bay and Marsh, including tidal wetlands 

18 and riparian habitat. 

19 (ii) Fish screen and fish passage improve20 ment projects. 

21 (iii) Implementation of an invasive species 

22 program, including prevention, control, and 

23 eradication. 

24 (iv) Development and integration of State 

25 and Federal agricultural programs that benefit
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•HR 2828 IH 

1 wildlife into the Ecosystem Restoration Pro2 gram. 

3 (v) Financial and technical support for lo4 cally-based collaborative programs to restore 

5 habitat while addressing the concerns of local 

6 communities. 

7 (vi) Water quality improvement projects to 

8 manage salinity, selenium, mercury, pesticides, 

9 trace metals, dissolved oxygen, turbidity, sedi10 ment, and other pollutants. 

11 (vii) Land and water acquisitions to im12 prove habitat and fish spawning and survival in 

13 the Bay-Delta watershed. 

14 (viii) Integrated flood management and 

15 levee protection projects for improving eco16 system restoration. 

17 (ix) Scientific evaluations and targeted re18 search on program activities, including appro19 priate use of adaptive management concepts. 

20 (x) Preparation of management plans for 

21 all properties acquired, and update current 

22 management plans, prior to the purchase or any 

23 contribution to the purchase of any interest in 

24 land for ecosystem. 
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•HR 2828 IH 

1 (xi) Strategic planning and tracking of 

2 program performance using established proto3 cols and/or bio-indicators. 

4 (C) Project Initiation Report for each project, 

5 describing project purpose, objective, and cost, shall 

6 be transmitted to Congress following Secretarial cer7 tification, 30 days (not including days on which ei8 ther the House of Representatives or the Senate is 

9 not in session because of an adjournment of more 

10 than three calendar days to a day certain) prior to 

11 implementing ecosystem restoration actions as de12 scribed under this paragraph. Such reports shall be 

13 required for all ecosystem projects, (including com14 prehensive projects that are composed of several 

15 components and are to be completed by staged im16 plementation) exceeding $20,000 in Federal funds. 

17 Annual ecosystem restoration project summary re18 ports shall be submitted to Congress through the 

19 Secretary highlighting progress of the project imple20 mentation. The reports required to be submitted 

21 under this paragraph shall consider the following on 

22 each project: 

23 (i) A description of ecological monitoring 

24 data to be collected for the restoration projects 

25 and how the data are to be integrated, stream-
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•HR 2828 IH 

1 lined, compatible, and designed to measure 

2 overall trends of ecosystem health in the Bay3 Delta watershed. 

4 (ii) Whether the restoration project has in5 tegrated monitoring plans and descriptions of 

6 protocols, or bio-indicators, to be used for gaug7 ing cost-effective performance of the project. 

8 (iii) Whether the proposed project is a part 

9 of a larger, more comprehensive restoration 

10 project in a particular part of the solution area, 

11 and if so, how the proposed project contributes 

12 to the larger project. 

13 (iv) A secretarial determination, or strat14 egy, that utilizes existing Federal land, State 

15 land, or other land acquired for ecosystem res16 toration, with amounts provided by the United 

17 States or the State, to the extent that such 

18 lands are available within the CALFED solu19 tion area. 

20 (v) A determination of the potential cumu21 lative impacts, or induced damages of fee title, 

22 easement, and/or lease acquisition of land on 

23 local and regional economies, and adjacent land 

24 and landowners; and a description of how such 

25 impacts will be mitigated. 
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•HR 2828 IH 

1 (vi) A description of actions that will be 

2 taken to mitigate any induced damages from 

3 the conversion of agriculture land including the 

4 degree to which wildlife and habitat values will 

5 increase due to the land conversion. 

6 (D) Conditions, if applicable, for projects and 

7 activities under this paragraph are as follows: 

8 (i) A requirement that before obligating or 

9 expending Federal funds to acquire land, the 

10 Secretary shall first determine that existing 

11 Federal land, State land, or other land acquired 

12 for ecosystem restoration with amounts pro13 vided by the United States or the State, to the 

14 extent such lands are available, is not available 

15 for that purpose. If no public land is available 

16 the Secretary, prior to any federal expenditure 

17 for private land acquisition, shall—

18 (I) make an accounting of all habitat 

19 types located on publicly owned land 

20 throughout the solution area; 

21 (II) not convert prime farm land and 

22 unique farm land, to the maximum extent 

23 as practicable, as identified by local, State, 

24 or Federal land use inventories, including 
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•HR 2828 IH 

1 the Natural Resources Conservation Serv2 ice; 

3 (III) not conflict with existing zoning 

4 for agriculture use; and 

5 (IV) not involve other changes in ex6 isting environment due to location and na7 ture of converting farmland to non-farm8 land use. 

9 (ii) A requirement that in determining 

10 whether to acquire private land for ecosystem 

11 restoration, the Secretary shall—

12 (I) conduct appropriate analysis, in13 cluding cost valuation to assure that pri14 vate land acquisitions prioritize easements 

15 and leases over acquisition by fee title un16 less easements and leases are unavailable 

17 or unsuitable for the stated purposes; 

18 (II) consider the potential cumulative 

19 impacts on the local and regional econo20 mies of transferring the property into gov21 ernment ownership and— 

22 (aa) describe the actions that will 

23 be taken, to the maximum extent 

24 practicable, to mitigate any induced 

25 damages; and
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•HR 2828 IH 

1 (bb) determine that the land ac2 quired will add increasing value to the 

3 purposes of ecosystem restoration; 

4 (III) mitigate any potential induced 

5 damage, to the maximum extent prac6 ticable, of any conversion of agriculture 

7 land for ecosystem restoration due to the 

8 implementation of the CALFED Bay-Delta 

9 Program; and 

10 (IV) partner with landowners and 

11 local agencies to develop cooperating land12 owner commitments that are likely to meet 

13 coequal objectives of achieving local eco14 nomic and social goals and implementing 

15 the ecosystem restoration goals. 

16 (8) WATERSHEDS.—Of the amounts authorized 

17 to be appropriated for fiscal years 2004 through 

18 2007 under this Act, no more than $50,000,000 

19 may be expended for the following: 

20 (A) Building local capacity to assess and 

21 manage watersheds affecting the Bay-Delta so22 lution area. 

23 (B) Technical assistance for watershed as24 sessments and management plans. 
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•HR 2828 IH 

1 (C) Developing and implementing locally2 based watershed conservation, maintenance, 

3 and restoration actions. 

4 (9) WATER QUALITY.—Of the amounts author5 ized to be appropriated for fiscal years 2004 through 

6 2007 under this Act, no more than $50,000,000 

7 may be expended for the following: 

8 (A) Addressing drainage problems in the 

9 San Joaquin Valley to improve downstream 

10 water quality, including habitat restoration 

11 projects that reduce drainage and improve 

12 water quality, provided that—

13 (i) a plan is in place for monitoring 

14 downstream water quality improvements; 

15 (ii) State and local agencies are con16 sulted on the activities to be funded; and 

17 (iii) this clause is not intended to cre18 ate any right, benefit, or privilege. 

19 (B) Implementing source control programs 

20 in the Bay-Delta watershed. 

21 (C) Developing recommendations through 

22 technical panels and advisory council processes 

23 to meet the CALFED Bay-Delta Program goal 

24 of continuous improvement in water quality for 

25 all uses. 
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•HR 2828 IH 

1 (D) Investing in treatment technology 

2 demonstration projects. 

3 (E) Controlling runoff into the California 

4 aqueduct and other similar conveyances. 

5 (F) Addressing water quality problems at 

6 the North Bay Aqueduct. 

7 (G) Studying recirculation of export water 

8 to reduce salinity and improve dissolved oxygen 

9 in the San Joaquin River. 

10 (H) Projects that may meet the Objectives 

11 and Solution Principles of the water quality 

12 component of CALFED Bay-Delta Program. 

13 (I) Development of water quality ex14 changes and other programs to make high qual15 ity water available to urban areas. 

16 (J) Development and implementation of a 

17 plan to meet all existing water quality stand18 ards for which the State and Federal water 

19 projects have responsibility. 

20 (10) LEVEE STABILITY.—Of the amounts au21 thorized to be appropriated for fiscal years 2004 

22 through 2007 under this Act, no more than 

23 $70,000,000 may be expended for the following: 
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•HR 2828 IH 

1 (A) Assisting local reclamation districts in 

2 reconstructing Delta levees to a base level of 

3 protection not to exceed $20,000,000. 

4 (B) Enhancing the stability of levees that 

5 have particular importance in the system 

6 through the Delta Levee Special Improvement 

7 Projects program not to exceed $20,000,000. 

8 (C) Developing best management practices 

9 to control and reverse land subsidence on is10 lands in the Bay-Delta watershed (not to exceed 

11 $1,000,000). 

12 (D) Refining the Delta Emergency Man13 agement Plan (not to exceed $1,000,000). 

14 (E) Developing a Delta Risk Management 

15 Strategy after assessing the consequences of 

16 failure levees in the Bay-Delta watershed from 

17 floods, seepage, subsidence, and earthquakes 

18 (not to exceed $500,000). 

19 (F) Developing a strategy for reuse of 

20 dredged materials on islands in the Bay-Delta 

21 watershed (not to exceed $1,500,000). 

22 (G) Evaluating and, where appropriate, re23 habilitating the Suisun Marsh levees (not to ex24 ceed $6,000,000). 
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•HR 2828 IH 

1 (H) Integrated flood management, eco2 system restoration, and levee protection 

3 projects, including design and construction of 

4 lower San Joaquin River and lower Mokelumne 

5 River floodway improvements and other projects 

6 under the Sacramento-San Joaquin Comprehen7 sive Study (not to exceed $20,000,000). 

8 (11) MONITORING AND ANALYSIS.—Of the 

9 amounts authorized to be appropriated for fiscal 

10 years 2004 through 2007 under this Act, no more 

11 than $50,000,000 may be expended for the fol12 lowing: 

13 (A) Establishing and maintaining an inde14 pendent technical board, technical panels, and 

15 standing boards to provide oversight and peer 

16 review of the CALFED Bay-Delta Program. 

17 (B) Conducting expert evaluations and sci18 entific assessments of all CALFED Bay-Delta 

19 Program elements. 

20 (C) Coordinating existing monitoring and 

21 scientific research programs. 

22 (D) Developing and implementing adaptive 

23 management experiments to test, refine, and 

24 improve technical understandings.
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•HR 2828 IH 

1 (E) Establishing performance measures 

2 and monitoring and valuating the performance 

3 of all CALFED Bay-Delta Program elements. 

4 (F) Preparing an annual science report. 

5 (12) PROGRAM MANAGEMENT, OVERSIGHT, AND

6 COORDINATION.—Of the amounts authorized to be 

7 appropriated for fiscal years 2004 through 2007 

8 under this Act, no more than $25,000,000 may be 

9 expended by the Secretary, in cooperation with the 

10 State, for the following: 

11 (A) CALFED Bay-Delta Program-wide 

12 tracking of schedules, finances, and perform13 ance. 

14 (B) Multi-agency oversight and coordina15 tion of CALFED Bay-Delta Program activities 

16 to ensure program balance and integration. 

17 (C) Development of interagency cross-cut 

18 budgets and a comprehensive finance plan to al19 locate costs in accordance with the beneficiary 

20 pays provisions of the Record of Decision. 

21 (D) Coordination of public outreach and 

22 involvement, including tribal, environmental jus23 tice, and public advisory activities under the 

24 Federal Advisory Committee Act. 

25 (E) Development of annual reports. 
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•HR 2828 IH 

1 (13) DIVERSIFICATION OF WATER SUPPLIES.—

2 Of the amounts authorized to be appropriated for 

3 fiscal years 2004 through 2007 under this Act, no 

4 more than $30,000,000 may be expended to diver5 sify sources of level 2 refuge supplies and modes of 

6 delivery to refuges and to acquire additional water 

7 for level 4 refuge supplies. 

8 (e) AUTHORIZED ACTIONS.—The Secretary and the 

9 Federal agency heads are authorized to carry out the ac10 tivities authorized by this title through the use of grants, 

11 loans, contracts, and cooperative agreements with Federal 

12 and non-Federal entities where the Secretary or Federal 

13 agency head determines that the grant, loan, contract, or 

14 cooperative agreement is likely to assist in implementing 

15 the authorized activity in an efficient, timely, and cost16 effective manner. 

17 SEC. 202. MANAGEMENT. 

18 (a) COORDINATION.—In carrying out the CALFED 

19 Bay-Delta Program, the Federal agencies shall coordinate, 

20 to the maximum extent practicable, their activities with 

21 the State agencies. 

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

23 CALFED Bay-Delta Program, the Federal agencies shall 

24 cooperate with local and tribal governments and the public 

25 through a federally chartered advisory committee or other 
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•HR 2828 IH 

1 appropriate means, to seek input on program elements 

2 such as planning, design, technical assistance, and devel3 opment of peer review science programs. 

4 (c) OBJECTIVE REVIEW AND ANALYSIS.—In carrying 

5 out the CALFED Bay-Delta Program, the Federal agen6 cies shall seek to ensure, to the maximum extent prac7 ticable, that—

8 (1) all major aspects of implementing the 

9 CALFED Bay-Delta Program are subjected to cred10 ible and objective scientific review and economic 

11 analysis; and 

12 (2) major decisions are based upon the best 

13 available scientific information. 

14 (d) AGENCIES’ DISCRETION.—This Act shall not af15 fect the discretion of any of the Federal agencies or the 

16 State agencies or the authority granted to any of the Fed17 eral agencies or State agencies by any other Federal or 

18 State law. 

19 (e) STATUS REPORTS.—The Secretary shall report, 

20 quarterly to the Congressional Committees, on the 

21 progress in achieving the water supply targets as described 

22 in Section 2.2.4 of the Record of Decision, the environ23 mental water account requirements as described in Section 

24 2.2.7, and the water quality targets as described in Sec25 tion 2.2.9, and any pending actions that may affect the 
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•HR 2828 IH 

1 ability of the CALFED Bay-Delta Program to achieve 

2 those targets and requirements. 

3 SEC. 203. IMPLEMENTATION SCHEDULE REPORT. 

4 (a) The Secretary, in cooperation with the Governor, 

5 shall submit a report of the CALFED Bay-Delta Program 

6 not later than 90 days after the date of the enactment 

7 of this Act and December 15 of each year thereafter to 

8 the appropriate authorizing and appropriating Committees 

9 of the Senate and the House of Representatives that de10 scribes the status and projected implementation schedule 

11 of all components through fiscal year 2008 of the 

12 CALFED Bay-Delta Program. The Report shall contain 

13 the following: 

14 (1) STATEMENT OF BALANCE.—The report 

15 shall identify the progress in each of the categories 

16 listed in paragraph (2). The Secretary, in coopera17 tion with the Governor, shall prepare and certify a 

18 statement of whether the program is in balance tak19 ing into consideration the following: 

20 (A) The status of all actions, including 

21 goals, schedules, and financing agreements and 

22 funding commitments. 

23 (B) Progress on storage projects, including 

24 yield, conveyance improvements, levee improve-
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•HR 2828 IH 

1 ments, water quality projects, and water use ef2 ficiency programs and reasons for any delays. 

3 (C) Completion of key projects and mile4 stones identified in the Ecosystem Restoration 

5 Program. 

6 (D) Development and implementation of 

7 local programs for watershed conservation and 

8 restoration. 

9 (E) Progress in improving water supply re10 liability and implementing the Environmental 

11 Water Account. 

12 (F) Achievement of commitments under 

13 State and Federal endangered species laws. 

14 (G) Implementation of a comprehensive 

15 science program. 

16 (H) Progress toward acquisition of the 

17 State and Federal permits, including permits 

18 issued under section 404(a) of the Clean Water 

19 Act, for implementation of projects in all identi20 fied program areas. 

21 (I) Progress in achieving benefits in all ge22 ographic regions covered by the CALFED Bay23 Delta Program. 

24 (J) Status of actions that compliment the 

25 Record of Decision.
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•HR 2828 IH 

1 (K) Status of mitigation measures ad2 dressed under section 201(d)(7). 

3 (L) Revisions to funding commitments and 

4 CALFED Bay-Delta Program responsibilities. 

5 (2) Accomplishments in the past fiscal year and 

6 year-to-date in achieving the objectives of—

7 (A) additional and improved water storage; 

8 including supply and yield; 

9 (B) water quality; 

10 (C) water use efficiency; 

11 (D) ecosystem restoration; 

12 (E) watershed management; 

13 (F) levee system integrity; 

14 (G) water transfers; 

15 (H) water conveyance; and 

16 (I) water supply reliability. 

17 (3) REVISED SCHEDULE.—If the report and 

18 statement of balance under subsection (a) concludes 

19 that the CALFED Bay-Delta Program is not pro20 gressing in a balanced manner so that no certifi21 cation of balanced implementation can be made, the 

22 Secretary, in consultation with the Governor, shall 

23 prepare a revised schedule to ensure that the 

24 CALFED Bay-Delta Program is likely to progress 

25 in a balanced manner consistent with the objectives 
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•HR 2828 IH 

1 and solution principles of the Record of Decision 

2 and in consideration of subsections (a) and (b) of 

3 this section. This revised schedule shall be subject to 

4 approval by the Secretary, in consultation by the 

5 Governor, and upon such approval shall be sub6 mitted to the appropriate authorizing and appro7 priating Committees of the Senate and the House of 

8 Representatives. 

9 (b) CROSSCUT BUDGET AND AUTHORIZATION OF AP10 PROPRIATIONS.—

11 (1) CROSSCUT BUDGET.—The President’s 

12 Budget shall include the appropriate departmental 

13 and agency authorities, and request for the level of 

14 funding for each of the Federal agencies to carry out 

15 its responsibilities under the CALFED Bay-Delta 

16 Program. Such funds shall be requested for the Fed17 eral agency with authority and programmatic re18 sponsibility for the obligation of such funds. No later 

19 than 30 days after submission of the President’s 

20 Budget to the Congress, the Director of the Office 

21 of Management and Budget shall submit to the ap22 propriate authorizing and appropriating committees 

23 of the Senate and the House of Representatives an 

24 updated interagency budget crosscut report, as re25 quired under Public Law 108–7. 
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•HR 2828 IH 

1 (2) FINANCIAL SUMMARY.—As part of the 

2 crosscut budget submission, a financial report cer3 tified by the Secretary, and the Office of Manage4 ment and Budget, containing a detailed accounting 

5 of current year, budget year and all funds received 

6 and obligated by all Federal and State agencies re7 sponsible for implementing the CALFED Bay-Delta 

8 Program in the previous fiscal year, a budget for the 

9 proposed projects (including a description of the 

10 project, authorization level, and project status) to be 

11 carried out through fiscal year 2008 the Federal 

12 portion of funds authorized under this title, and a 

13 list of all projects to be undertaken in the upcoming 

14 fiscal year with the Federal portion of funds author15 ized under this title. 

16 SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Sec18 retary and the heads of the Federal agencies 

19 $880,000,000 to pay the Federal share of programs and 

20 activities under this title for fiscal years 2004 through 

21 2007, in accordance with the provisions of this title. The 

22 funds shall remain available without fiscal year limitation. 

23 SEC. 205. FEDERAL SHARE OF COSTS. 

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

25 implementing of the CALFED Bay-Delta Program as set 
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•HR 2828 IH 

1 forth in the Record of Decision shall not exceed 33.3 per2 cent. 

3 (b) CALFED BAY-DELTA PROGRAM BENE4 FICIARIES.—

5 (1) IN GENERAL.—The Secretary shall ensure 

6 that all beneficiaries, including the environment, 

7 shall pay for benefits received from all projects or 

8 activities carried out under the CALFED Bay-Delta 

9 Program. This requirement shall not be limited to 

10 storage and conveyance projects and shall be imple11 mented so as to encourage integrated resource plan12 ning. 

13 SEC. 206. USE OF EXISTING AUTHORITIES AND FUNDS. 

14 (a) GENERALLY.—The heads of the Federal agencies 

15 shall use the authority under the alternative Acts identi16 fied by the Secretary to carry out the purposes of this 

17 title. Funds available under the alternative Acts shall be 

18 used before other funds made available under this title for 

19 the same activities. 

20 (b) USE OF FUNDS.—In addition to funds authorized 

21 and appropriated for section 201(d)(1) or section 

22 201(d)(2), the Secretary, in consultation with the heads 

23 of the Federal agencies, may use money appropriated for 

24 any activity authorized under this title for any activity au25 thorized under section 201(d)(1) or section 201(d)(2) if 
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•HR 2828 IH 

1 the Secretary, in consultation with the heads of the Fed2 eral agencies, determines that the funds appropriated for 

3 the other activity cannot be used for that other activity. 

4 This section shall be construed to apply to funds appro5 priated after the date of the enactment of this Act unless 

6 the Act appropriating the funds specifically and explicitly 

7 states that this section shall not apply to those funds. 

8 (c) USE OF UNEXPENDED BUDGET AUTHORITY.—

9 The Secretary is authorized to utilize all unexpended 

10 budget authority under this title for any activity author11 ized under section 201(d)(1) or section 201(d)(2). 

12 (d) REPORT.—Not later than 60 days after the date 

13 of the enactment of this Act and annual thereafter, the 

14 Secretary, in consultation with the heads of the Federal 

15 agencies, shall transmit to Congress a report that de16 scribes the following: 

17 (1) A list of all existing authorities, including 

18 the authorities listed in subsection (a), under which 

19 the Secretary or the heads of the Federal agencies 

20 may carry out the purposes of this Act. 

21 (2) A list funds authorized in the previous fiscal 

22 year for the authorities listed under paragraph (1). 

23 (3) A list of the projects carried out with the 

24 funds listed in paragraph (2) and the amount of 

25 funds obligated and expended for each project.
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1 SEC. 207. COMPLIANCE WITH STATE AND FEDERAL LAW. 

2 Nothing in this Act—

3 (1) invalidates of preempts State water law or 

4 an interstate compact governing water; 

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

7 or ground water, whether determined by past or fu8 ture interstate compacts or final judicial allocations; 

9 (3) preempts or modifies any State or Federal 

10 law or interstate compact governing water quality or 

11 disposal; or 

12 (4) confers on any non-federal entity the ability 

13 to exercise any Federal right to the waters of any 

14 stream or to any ground water resource. 

15 TITLE III—SALTON SEA 

16 SEC. 301. FUNDING TO ADDRESS SALTON SEA. 

17 There is authorized to be appropriated to the Sec18 retary $300,000,000 for activities to address issues sur19 rounding the Salton Sea.

20 TITLE IV—ESTABLISHMENT OF 

21 CENTRALIZED REGULATORY 

22 OFFICE 

23 SEC. 401. ESTABLISHMENT OF OFFICE. 

24 The Secretary shall establish an office, in Sacramento 

25 California, and may establish other offices in the capitol 

26 of any Reclamation State requesting such an office, for 
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•HR 2828 IH 

1 projects within their State, for the use of all Federal agen2 cies and State agencies that are likely to be involved in 

3 issuing permits and conducting environmental reviews for 

4 water supply, water supply capital improvement projects, 

5 levee maintenance, and delivery systems in California or 

6 any Reclamation State requesting such an office. 

7 SEC. 402. ACCEPTANCE AND EXPENDITURE OF CONTRIBU8 TIONS. 

9 (a) IN GENERAL.—The Secretary may accept and ex10 pend funds contributed by non-Federal public entities to 

11 expedite the consideration of permits and the conducting 

12 of environmental reviews for all projects described in sec13 tion 401 and to offset the Federal costs of processing such 

14 permits and conducting such reviews. The Secretary shall 

15 allocate funds received under this section among Federal 

16 agencies in accordance with the costs such agencies incur 

17 in processing such permits and conducting such reviews. 

18 The allocated funds shall be for reimbursements of such 

19 costs. 

20 (b) PROTECTION OF IMPARTIAL DECISIONMAKING.—

21 In carrying out this section, the Secretary and the heads 

22 Federal agencies receiving funds under this section shall 

23 ensure that the use of the funds accepted under this sec24 tion will not impact impartial decisionmaking with respect 

25 to the issuance of permits or conducting of environmental 
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•HR 2828 IH 

1 reviews, either substantively or procedurally, or diminish, 

2 modify, or otherwise affect the statutory or regulatory au3 thorities of such agencies. 

4 TITLE V—RURAL WATER SUPPLY 

5 PROGRAM 

6 SEC. 501. RURAL WATER SUPPLY PROGRAM. 

7 (a) IN GENERAL.—The Secretary is authorized to es8 tablish a program to plan, design, and construct rural 

9 water systems in coordination with other Federal agencies 

10 with rural water programs, and in cooperation with non11 Federal project entities. 

12 (b) REQUIREMENTS.—Provisions to be included in 

13 the establishment of a rural water system shall include 

14 the following: 

15 (1) Appraisal investigations. 

16 (2) Feasibility studies. 

17 (3) Environmental reports. 

18 (4) Cost sharing responsibilities. 

19 (5) Responsibility for operation and mainte20 nance. 

21 (6) Prohibition for funding for irrigation. 

22 (c) CRITERIA.—The Secretary is authorized to de23 velop criteria for determining which projects are eligible 

24 for participation in the program established under this 

25 section. 
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1 (d) REPORTS TO CONGRESS.—The Secretary shall 

2 submit to Congress the program developed under this sec3 tion. 

4 (e) RECLAMATION STATES.—The program estab5 lished by this section shall be limited to Reclamation 

6 States.

Æ