H. R. 2828

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To authorize the Secretary of the Interior to implement water supply technology

and infrastructure programs aimed at increasing and diversifying domestic water

resources.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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 BayDelta 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.
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(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 BayDelta Authority Act (Cal. Water Code § 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.
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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
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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 BayDelta 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),
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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.
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(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
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(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
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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
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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
H. R. 2828—10

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 locallybased 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
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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—
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(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;
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(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
H. R. 2828—14

3406(d)(2) of the Central Valley Project Improvement Act

(Public Law 102–575; 106 Stat. 4723).

(e) NEW AND EXPANDED AUTHORIZATIONS FOR FEDERAL AGEN- CIES.—

(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
H. R. 2828—15

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.—
H. R. 2828—16

(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 appro- priated 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 COORDINA- TION.— (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;
H. R. 2828—17

(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 BayDelta 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 § 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.).
H. R. 2828—18

(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;
H. R. 2828—19

(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
H. R. 2828—20

(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
H. R. 2828—21

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
H. R. 2828—22

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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.