In the Senate of the United States,

September 15, 2004.

Resolved, That the bill from the House of Representatives (H.R. 2828) entitled ‘‘An Act to authorize the Secretary

of the Interior to implement water supply technology and infrastructure programs aimed at increasing and diversifying

domestic water resources.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Water Supply, Reliability, and Environmental Improve4 ment Act’’.
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1 (b) TABLEOF CONTENTS.—The table of contents of this

2 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.

3 TITLE I—CALIFORNIA WATER SE4 CURITY AND ENVIRON5 MENTAL ENHANCEMENT

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Calfed Bay-Delta Au8 thorization Act’’.

9 SEC. 102. DEFINITIONS.

10 In this title:

11 (1) CALFED BAY-DELTA PROGRAM.—The terms

12 ‘‘Calfed Bay-Delta Program’’ and ‘‘Program’’ mean

13 the programs, projects, complementary actions, and

14 activities undertaken through coordinated planning,

15 implementation, and assessment activities of the State
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1 agencies and Federal agencies as set forth in the

2 Record of Decision.

3 (2) CALIFORNIA BAY-DELTA AUTHORITY.—The

4 terms ‘‘California Bay-Delta Authority’’ and ‘‘Au5 thority’’ mean the California Bay-Delta Authority, as

6 set forth in the California Bay-Delta Authority Act

7 (Cal. Water Code § 79400 et seq.).

8 (3) DELTA.—The term ‘‘Delta’’ has the meaning

9 given the term in the Record of Decision.

10 (4) ENVIRONMENTAL WATER ACCOUNT.—The

11 term ‘‘Environmental Water Account’’ means the Co12 operative Management Program established under the

13 Record of Decision.

14 (5) FEDERAL AGENCIES.—The term ‘‘Federal

15 agencies’’ means—

16 (A) the Department of the Interior,

17 including—

18 (i) the Bureau of Reclamation;

19 (ii) the United States Fish and Wild20 life Service;

21 (iii) the Bureau of Land Management;

22 and

23 (iv) the United States Geological Sur24 vey;

25 (B) the Environmental Protection Agency;
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1 (C) the Army Corps of Engineers;

2 (D) the Department of Commerce, including

3 the National Marine Fisheries Service (also

4 known as ‘‘NOAA Fisheries’’);

5 (E) the Department of Agriculture,

6 including—

7 (i) the Natural Resources Conservation

8 Service; and

9 (ii) the Forest Service; and

10 (F) the Western Area Power Administra11 tion.

12 (6) FIRM YIELD.—The term ‘‘firm yield’’ means

13 a quantity of water from a project or program that

14 is projected to be available on a reliable basis, given

15 a specified level of risk, during a critically dry pe16 riod.

17 (7) GOVERNOR.—The term ‘‘Governor’’ means

18 the Governor of the State of California.

19 (8) RECORD OF DECISION.—The term ‘‘Record of

20 Decision’’ means the Calfed Bay-Delta Program

21 Record of Decision, dated August 28, 2000.

22 (9) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Interior.

24 (10) STATE.—The term ‘‘State’’ means the State

25 of California.
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1 (11) STATE AGENCIES.—The term ‘‘State agen2 cies’’ means—

3 (A) the Resources Agency of California,

4 including—

5 (i) the Department of Water Resources;

6 (ii) the Department of Fish and Game;

7 (iii) the Reclamation Board;

8 (iv) the Delta Protection Commission;

9 (v) the Department of Conservation;

10 (vi) the San Francisco Bay Conserva11 tion and Development Commission;

12 (vii) the Department of Parks and

13 Recreation; and

14 (viii) the California Bay-Delta Author15 ity;

16 (B) the California Environmental Protec17 tion Agency, including the State Water Re18 sources Control Board;

19 (C) the California Department of Food and

20 Agriculture; and

21 (D) the Department of Health Services.

22 SEC. 103. BAY DELTA PROGRAM.

23 (a) IN GENERAL.—

24 (1) RECORD OF DECISION AS GENERAL FRAME25 WORK.—The Record of Decision is approved as a gen-
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1 eral framework for addressing the Calfed Bay-Delta

2 Program, including its components relating to water

3 storage, ecosystem restoration, water supply reli4 ability (including new firm yield), conveyance, water

5 use efficiency, water quality, water transfers, water6 sheds, the Environmental Water Account, levee sta7 bility, governance, and science.

8 (2) REQUIREMENTS.—

9 (A) IN GENERAL.—The Secretary and the

10 heads of the Federal agencies are authorized to

11 carry out the activities described in subsections

12 (c) through (f) consistent with—

13 (i) the Record of Decision;

14 (ii) the requirement that Program ac15 tivities consisting of protecting drinking

16 water quality, restoring ecological health,

17 improving water supply reliability (includ18 ing additional storage, conveyance, and new

19 firm yield), and protecting Delta levees will

20 progress in a balanced manner; and

21 (iii) this title.

22 (B) MULTIPLE BENEFITS.—In selecting ac23 tivities and projects, the Secretary and the heads

24 of the Federal agencies shall consider whether the

25 activities and projects have multiple benefits.
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1 (b) AUTHORIZED ACTIVITIES.—The Secretary and the

2 heads of the Federal agencies are authorized to carry out

3 the activities described in subsections (c) through (f) in fur4 therance of the Calfed Bay-Delta Program as set forth in

5 the Record of Decision, subject to the cost-share and other

6 provisions of this title, if the activity has been—

7 (1) subject to environmental review and ap8 proval, as required under applicable Federal and

9 State law; and

10 (2) approved and certified by the relevant Fed11 eral agency, following consultation and coordination

12 with the Governor, to be consistent with the Record of

13 Decision.

14 (c) AUTHORIZATIONS FOR FEDERAL AGENCIES UNDER

15 APPLICABLE LAW.—

16 (1) SECRETARY OF THE INTERIOR.—The Sec17 retary of the Interior is authorized to carry out the

18 activities described in paragraphs (1) through (10) of

19 subsection (d), to the extent authorized under the rec20 lamation laws, the Central Valley Project Improve21 ment Act (title XXXIV of Public Law 102–575; 106

22 Stat. 4706), the Fish and Wildlife Coordination Act

23 (16 U.S.C. 661 et seq.), the Endangered Species Act

24 of 1973 (16 U.S.C. 1531 et seq.), and other applicable

25 law.
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1 (2) ADMINISTRATOR OF THE ENVIRONMENTAL

2 PROTECTION AGENCY.—The Administrator of the En3 vironmental Protection Agency is authorized to carry

4 out the activities described in paragraphs (3), (5),

5 (6), (7), (8), and (9) of subsection (d), to the extent

6 authorized under the Federal Water Pollution Control

7 Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water

8 Act (42 U.S.C. 300f et seq.), and other applicable law.

9 (3) SECRETARY OF THE ARMY.—The Secretary of

10 the Army is authorized to carry out the activities de11 scribed in paragraphs (1), (2), (6), (7), (8), and (9)

12 of subsection (d), to the extent authorized under flood

13 control, water resource development, and other appli14 cable law.

15 (4) SECRETARY OF COMMERCE.—The Secretary

16 of Commerce is authorized to carry out the activities

17 described in paragraphs (2), (6), (7), and (9) of sub18 section (d), to the extent authorized under the Fish

19 and Wildlife Coordination Act (16 U.S.C. 661 et

20 seq.), the Endangered Species Act of 1973 (16 U.S.C.

21 1531 et seq.), and other applicable law.

22 (5) SECRETARY OF AGRICULTURE.—The Sec23 retary of Agriculture is authorized to carry out the

24 activities described in paragraphs (3), (5), (6), (7),

25 (8), and (9) of subsection (d), to the extent authorized
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1 under title XII of the Food Security Act of 1985 (16

2 U.S.C. 3801 et seq.), the Farm Security and Rural

3 Investment Act of 2002 (Public Law 107–171; 116

4 Stat. 134) (including amendments made by that Act),

5 and other applicable law.

6 (d) DESCRIPTION OF ACTIVITIES UNDER APPLICABLE

7 LAW.—

8 (1) WATER STORAGE.—

9 (A) IN GENERAL.—Activities under this

10 paragraph consist of—

11 (i) planning and feasibility studies for

12 projects to be pursued with project-specific

13 study for enlargement of—

14 (I) the Shasta Dam in Shasta

15 County; and

16 (II) the Los Vaqueros Reservoir in

17 Contra Costa County;

18 (ii) planning and feasibility studies for

19 the following projects requiring further

20 consideration—

21 (I) the Sites Reservoir in Colusa

22 County; and

23 (II) the Upper San Joaquin River

24 storage in Fresno and Madera Coun25 ties;
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1 (iii) developing and implementing

2 groundwater management and groundwater

3 storage projects; and

4 (iv) comprehensive water management

5 planning.

6 (B) STORAGEPROJECT AUTHORIZATION

7 AND BALANCED CALFED IMPLEMENTATION.—

8 (i) IN GENERAL.—If on completion of

9 the feasibility study for a project described

10 in clause (i) or (ii) of subparagraph (A),

11 the Secretary, in consultation with the Gov12 ernor, determines that the project should be

13 constructed in whole or in part with Fed14 eral funds, the Secretary shall submit the

15 feasibility study to Congress.

16 (ii) FINDING OF IMBALANCE.—If Con17 gress fails to authorize construction of the

18 project by the end of the next full session

19 following the submission of the feasibility

20 study, the Secretary, in consultation with

21 the Governor, shall prepare a written deter22 mination making a finding of imbalance

23 for the Calfed Bay-Delta Program.

24 (iii) REPORT ON REBALANCING.—
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1 (I) IN GENERAL.—If the Secretary

2 makes a finding of imbalance for the

3 Program under clause (ii), the Sec4 retary, in consultation with the Gov5 ernor, shall, not later than 180 days

6 after the end of the full session de7 scribed in clause (ii), prepare and sub8 mit to Congress a report on the meas9 ures necessary to rebalance the Pro10 gram.

11 (II) SCHEDULES AND ALTER12 NATIVES.—The report shall include

13 preparation of revised schedules and

14 identification of alternatives to rebal15 ance the Program, including resubmis16 sion of the project to Congress with or

17 without modification, construction of

18 other projects, and construction of

19 other projects that provide equivalent

20 water supply and other benefits at

21 equal or lesser cost.

22 (C) WATER SUPPLY AND YIELD STUDY.—

23 (i) IN GENERAL.—The Secretary, act24 ing through the Bureau of Reclamation and

25 in coordination with the State, shall con-
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1 duct a study of available water supplies

2 and existing and future needs for water—

3 (I) within the units of the Central

4 Valley Project;

5 (II) within the area served by

6 Central Valley Project agricultural,

7 municipal, and industrial water serv8 ice contractors; and

9 (III) within the Calfed Delta solu10 tion area.

11 (ii) RELATIONSHIP TO PRIOR STUDY.—

12 In conducting the study, the Secretary shall

13 incorporate and revise, as necessary, the re14 sults of the study required by section

15 3408(j) of the Central Valley Project Im16 provement Act of 1992 (Public Law 102–

17 575; 106 Stat. 4730).

18 (iii) REPORT.—Not later than 1 year

19 after the date of enactment of this Act, the

20 Secretary shall submit to the appropriate

21 authorizing and appropriating committees

22 of the Senate and the House of Representa23 tives a report describing the results of the

24 study, including—
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1 (I) new firm yield and water sup2 ply improvements, if any, for Central

3 Valley Project agricultural water serv4 ice contractors and municipal and in5 dustrial water service contractors, in6 cluding those identified in Bulletin

7 160;

8 (II) all water management ac9 tions or projects, including those iden10 tified in Bulletin 160, that would—

11 (aa) improve firm yield or

12 water supply; and

13 (bb) if taken or constructed,

14 balance available water supplies

15 and existing demand with due

16 recognition of water right prior17 ities and environmental needs;

18 (III) the financial costs of the ac19 tions and projects described under sub20 clause (II); and

21 (IV) the beneficiaries of those ac22 tions and projects and an assessment of

23 the willingness of the beneficiaries to

24 pay the capital costs and operation
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1 and maintenance costs of the actions

2 and projects.

3 (D) MANAGEMENT.—The Secretary shall

4 conduct activities related to developing ground5 water storage projects to the extent authorized

6 under law.

7 (E) COMPREHENSIVE WATER PLANNING.—

8 The Secretary shall conduct activities related to

9 comprehensive water management planning to

10 the extent authorized under law.

11 (2) CONVEYANCE.—

12 (A) SOUTH DELTA ACTIONS.—

13 (i) IN GENERAL.—In the case of the

14 South Delta, activities under this subpara15 graph consist of—

16 (I) the South Delta Improvements

17 Program through actions to—

18 (aa) increase the State Water

19 Project export limit to 8,500 cfs;

20 (bb) install permanent, oper21 able barriers in the South Delta,

22 under which Federal agencies

23 shall cooperate with the State to

24 accelerate installation of the per25 manent, operable barriers in the
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1 South Delta, with an intent to

2 complete that installation not

3 later than September 30, 2007;

4 (cc) evaluate, consistent with

5 the Record of Decision, fish

6 screens and intake facilities at the

7 Tracy Pumping Plant facilities;

8 and

9 (dd) increase the State Water

10 Project export to the maximum

11 capability of 10,300 cfs;

12 (II) reduction of agricultural

13 drainage in South Delta channels, and

14 other actions necessary to minimize the

15 impact of drainage on drinking water

16 quality;

17 (III) evaluation of lower San Joa18 quin River floodway improvements;

19 (IV) installation and operation of

20 temporary barriers in the South Delta

21 until fully operable barriers are con22 structed; and

23 (V) actions to protect navigation

24 and local diversions not adequately

25 protected by temporary barriers.
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1 (ii) ACTIONS TO INCREASE PUMPING.—

2 Actions to increase pumping shall be accom3 plished in a manner consistent with the

4 Record of Decision requirement to avoid re5 directed impacts and adverse impacts to

6 fishery protection and with any applicable

7 Federal or State law that protects—

8 (I) water diversions and use (in9 cluding avoidance of increased costs of

10 diversion) by in-Delta water users (in11 cluding in-Delta agricultural users

12 that have historically relied on water

13 diverted for use in the Delta);

14 (II) water quality for municipal,

15 industrial, agricultural, and other

16 uses; and

17 (III) water supplies for areas of

18 origin.

19 (B) NORTH DELTA ACTIONS.—In the case of

20 the North Delta, activities under this subpara21 graph consist of—

22 (i) evaluation and implementation of

23 improved operational procedures for the

24 Delta Cross Channel to address fishery and

25 water quality concerns;
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1 (ii) evaluation of a screened through2 Delta facility on the Sacramento River; and

3 (iii) evaluation of lower Mokelumne

4 River floodway improvements.

5 (C) INTERTIES.—Activities under this sub6 paragraph consist of—

7 (i) evaluation and construction of an

8 intertie between the State Water Project

9 California Aqueduct and the Central Valley

10 Project Delta Mendota Canal, near the City

11 of Tracy, as an operation and maintenance

12 activity, except that the Secretary shall de13 sign and construct the intertie in a manner

14 consistent with a possible future expansion

15 of the intertie capacity (as described in sub16 section (f)(1)(B)); and

17 (ii) assessment of a connection of the

18 Central Valley Project to the Clifton Court

19 Forebay of the State Water Project, with a

20 corresponding increase in the screened in21 take of the Forebay.

22 (D) PROGRAM TO MEET STANDARDS.—

23 (i) IN GENERAL.—Prior to increasing

24 export limits from the Delta for the pur25 poses of conveying water to south-of-Delta
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1 Central Valley Project contractors or in2 creasing deliveries through an intertie, the

3 Secretary shall, not later than 1 year after

4 the date of enactment of this Act, in con5 sultation with the Governor, develop and

6 initiate implementation of a program to

7 meet all existing water quality standards

8 and objectives for which the Central Valley

9 Project has responsibility.

10 (ii) MEASURES.—In developing and

11 implementing the program, the Secretary

12 shall include, to the maximum extent fea13 sible, the measures described in clauses (iii)

14 through (vii).

15 (iii) RECIRCULATION PROGRAM.—The

16 Secretary shall incorporate into the pro17 gram a recirculation program to provide

18 flow, reduce salinity concentrations in the

19 San Joaquin River, and reduce the reliance

20 on the New Melones Reservoir for meeting

21 water quality and fishery flow objectives

22 through the use of excess capacity in export

23 pumping and conveyance facilities.

24 (iv) BEST MANAGEMENT PRACTICES

25 PLAN.—
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1 (I) IN GENERAL.—The Secretary

2 shall develop and implement, in co3 ordination with the State’s programs

4 to improve water quality in the San

5 Joaquin River, a best management

6 practices plan to reduce the water

7 quality impacts of the discharges from

8 wildlife refuges that receive water from

9 the Federal Government and discharge

10 salt or other constituents into the San

11 Joaquin River.

12 (II) COORDINATION WITH INTER13 ESTED PARTIES.—The plan shall be

14 developed in coordination with inter15 ested parties in the San Joaquin Val16 ley and the Delta.

17 (III) COORDINATION WITH ENTI18 TIES THAT DISCHARGE WATER.—The

19 Secretary shall also coordinate activi20 ties under this clause with other enti21 ties that discharge water into the San

22 Joaquin River to reduce salinity con23 centrations discharged into the River,

24 including the timing of discharges to

25 optimize their assimilation.
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1 (v) ACQUISITION OF WATER.—The Sec2 retary shall incorporate into the program

3 the acquisition from willing sellers of water

4 from streams tributary to the San Joaquin

5 River or other sources to provide flow, di6 lute discharges of salt or other constituents,

7 and to improve water quality in the San

8 Joaquin River below the confluence of the

9 Merced and San Joaquin Rivers, and to re10 duce the reliance on New Melones Reservoir

11 for meeting water quality and fishery flow

12 objectives.

13 (vi) PURPOSE.—The purpose of the au14 thority and direction provided to the Sec15 retary under this subparagraph is to pro16 vide greater flexibility in meeting the exist17 ing water quality standards and objectives

18 for which the Central Valley Project has re19 sponsibility so as to reduce the demand on

20 water from New Melones Reservoir used for

21 that purpose and to assist the Secretary in

22 meeting any obligations to Central Valley

23 Project contractors from the New Melones

24 Project.
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1 (vii) UPDATING OF NEW MELONES OP2 ERATING PLAN.—The Secretary shall update

3 the New Melones operating plan to take into

4 account, among other things, the actions de5 scribed in this title that are designed to re6 duce the reliance on New Melones Reservoir

7 for meeting water quality and fishery flow

8 objectives, and to ensure that actions to en9 hance fisheries in the Stanislaus River are

10 based on the best available science.

11 (3) WATER USE EFFICIENCY.—

12 (A) WATER CONSERVATION PROJECTS.—Ac13 tivities under this paragraph include water con14 servation projects that provide water supply reli15 ability, water quality, and ecosystem benefits to

16 the California Bay-Delta system.

17 (B) TECHNICAL ASSISTANCE.—Activities

18 under this paragraph include technical assist19 ance for urban and agricultural water conserva20 tion projects.

21 (C) WATER RECYCLING AND DESALINATION

22 PROJECTS.—Activities under this paragraph in23 clude water recycling and desalination projects,

24 including groundwater remediation projects and

25 projects identified in the Bay Area Water Plan
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1 and the Southern California Comprehensive

2 Water Reclamation and Reuse Study and other

3 projects, giving priority to projects that include

4 regional solutions to benefit regional water sup5 ply and reliability needs.

6 (D) WATER MEASUREMENT AND TRANSFER

7 ACTIONS.—Activities under this paragraph in8 clude water measurement and transfer actions.

9 (E) URBAN WATER CONSERVATION.—Activi10 ties under this paragraph include implementa11 tion of best management practices for urban

12 water conservation.

13 (F) RECLAMATION AND RECYCLING

14 PROJECTS.—

15 (i) PROJECTS.—This subparagraph

16 applies to—

17 (I) projects identified in the

18 Southern California Comprehensive

19 Water Reclamation and Reuse Study,

20 dated April 2001 and authorized by

21 section 1606 of the Reclamation Waste22 water and Groundwater Study and

23 Facilities Act (43 U.S.C. 390h–4); and

24 (II) projects identified in the San

25 Francisco Bay Area Regional Water
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1 Recycling Program described in the

2 San Francisco Bay Area Regional

3 Water Recycling Program Recycled

4 Water Master Plan, dated December

5 1999 and authorized by section 1611 of

6 the Reclamation Wastewater and

7 Groundwater Study and Facilities Act

8 (43 U.S.C. 390h–9).

9 (ii) DEADLINE.—Not later than 180

10 days after the date of enactment of this Act,

11 the Secretary shall—

12 (I) complete the review of the ex13 isting studies of the projects described

14 in clause (i); and

15 (II) make the feasibility deter16 minations described in clause (iii).

17 (iii) FEASIBILITY DETERMINATIONS.—

18 A project described in clause (i) is presumed

19 to be feasible if the Secretary determines for

20 the project—

21 (I) in consultation with the af22 fected local sponsoring agency and the

23 State, that the existing planning and

24 environmental studies for the project

25 (together with supporting materials
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1 and documentation) have been pre2 pared consistent with Bureau of Rec3 lamation procedures for projects under

4 consideration for financial assistance

5 under the Reclamation Wastewater

6 and Groundwater Study and Facilities

7 Act (43 U.S.C. 390h et seq.); and

8 (II) that the planning and envi9 ronmental studies for the project (to10 gether with supporting materials and

11 documentation) demonstrate that the

12 project will contribute to the goals of

13 improving water supply reliability in

14 the Calfed solution area or the Colo15 rado River Basin within the State and

16 otherwise meets the requirements of sec17 tion 1604 of the Reclamation Waste18 water and Groundwater Study and

19 Facilities Act (43 U.S.C. 390h–2).

20 (iv) REPORT.—Not later than 90 days

21 after the date of completion of a feasibility

22 study or the review of a feasibility study

23 under this subparagraph, the Secretary

24 shall submit to the appropriate authorizing

25 and appropriating committees of the Senate
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1 and the House of Representatives a report

2 describing the results of the study or review.

3 (4) WATER TRANSFERS.—Activities under this

4 paragraph consist of—

5 (A) increasing the availability of existing

6 facilities for water transfers;

7 (B) lowering transaction costs through per8 mit streamlining; and

9 (C) maintaining a water transfer informa10 tion clearinghouse.

11 (5) INTEGRATED REGIONAL WATER MANAGEMENT

12 PLANS.—Activities under this paragraph consist of

13 assisting local and regional communities in the State

14 in developing and implementing integrated regional

15 water management plans to carry out projects and

16 programs that improve water supply reliability,

17 water quality, ecosystem restoration, and flood protec18 tion, or meet other local and regional needs, in a

19 manner that is consistent with, and makes a signifi20 cant contribution to, the Calfed Bay-Delta Program.

21 (6) ECOSYSTEM RESTORATION.—

22 (A) IN GENERAL.—Activities under this

23 paragraph consist of—
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1 (i) implementation of large-scale res2 toration projects in San Francisco Bay and

3 the Delta and its tributaries;

4 (ii) restoration of habitat in the Delta,

5 San Pablo Bay, and Suisun Bay and

6 Marsh, including tidal wetland and ripar7 ian habitat;

8 (iii) fish screen and fish passage im9 provement projects, including the Sac10 ramento River Small Diversion Fish Screen

11 Program;

12 (iv) implementation of an invasive

13 species program, including prevention, con14 trol, and eradication;

15 (v) development and integration of

16 Federal and State agricultural programs

17 that benefit wildlife into the Ecosystem Res18 toration Program;

19 (vi) financial and technical support for

20 locally-based collaborative programs to re21 store habitat while addressing the concerns

22 of local communities;

23 (vii) water quality improvement

24 projects to manage or reduce concentrations

25 of salinity, selenium, mercury, pesticides,
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1 trace metals, dissolved oxygen, turbidity,

2 sediment, and other pollutants;

3 (viii) land and water acquisitions to

4 improve habitat and fish spawning and

5 survival in the Delta and its tributaries;

6 (ix) integrated flood management, eco7 system restoration, and levee protection

8 projects;

9 (x) scientific evaluations and targeted

10 research on Program activities; and

11 (xi) strategic planning and tracking of

12 Program performance.

13 (B) REPORTING REQUIREMENTS.—The Sec14 retary or the head of the relevant Federal agency

15 (as appropriate under clause (ii)) shall provide

16 to the appropriate authorizing committees of the

17 Senate and the House of Representatives and

18 other appropriate parties in accordance with

19 this subparagraph—

20 (i) an annual ecosystem program plan

21 report in accordance with subparagraph

22 (C); and

23 (ii) detailed project reports in accord24 ance with subparagraph (D).

25 (C) ANNUAL ECOSYSTEM PROGRAM PLAN.—
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1 (i) IN GENERAL.—Not later than Octo2 ber 1 of each year, with respect to each eco3 system restoration action carried out using

4 Federal funds under this title, the Sec5 retary, in consultation with the Governor,

6 shall submit to the appropriate authorizing

7 committees of the Senate and the House of

8 Representatives an annual ecosystem pro9 gram plan report.

10 (ii) PURPOSES.—The purposes of the

11 report are—

12 (I) to describe the projects and

13 programs to implement this subsection

14 in the following fiscal year; and

15 (II) to establish priorities for

16 funding the projects and programs for

17 subsequent fiscal years.

18 (iii) CONTENTS.—The report shall

19 describe—

20 (I) the goals and objectives of the

21 programs and projects;

22 (II) program accomplishments;

23 (III) major activities of the pro24 grams;
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1 (IV) the Federal agencies involved

2 in each project or program identified

3 in the plan and the cost-share arrange4 ments with cooperating agencies;

5 (V) the resource data and ecologi6 cal monitoring data to be collected for

7 the restoration projects and how the

8 data are to be integrated, streamlined,

9 and designed to measure the effective10 ness and overall trend of ecosystem

11 health in the Bay-Delta watershed;

12 (VI) implementation schedules

13 and budgets;

14 (VII) existing monitoring pro15 grams and performance measures;

16 (VIII) the status and effectiveness

17 of measures to minimize the impacts of

18 the program on agricultural land; and

19 (IX) a description of expected ben20 efits of the restoration program relative

21 to the cost.

22 (iv) SPECIAL RULE FOR LAND ACQUISI23 TION USING FEDERAL FUNDS.—For each

24 ecosystem restoration project involving land
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1 acquisition using Federal funds under this

2 title, the Secretary shall—

3 (I) identify the specific parcels to

4 be acquired in the annual ecosystem

5 program plan report under this sub6 paragraph; or

7 (II) not later than 150 days before

8 the project is approved, provide to the

9 appropriate authorizing committees of

10 the Senate and the House of Represent11 atives, the United States Senators from

12 the State, and the United States Rep13 resentative whose district would be af14 fected, notice of any such proposed

15 land acquisition using Federal funds

16 under this title submitted to the Fed17 eral or State agency.

18 (D) DETAILED PROJECT REPORTS.—

19 (i) IN GENERAL.—In the case of each

20 ecosystem restoration program or project

21 funded under this title that is not specifi22 cally identified in an annual ecosystem pro23 gram plan under subparagraph (C), not

24 later than 45 days prior to approval, the

25 Secretary, in coordination with the State,
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1 shall submit to the appropriate authorizing

2 committees of the Senate and the House of

3 Representatives recommendations on the

4 proposed program or project.

5 (ii) CONTENTS.—The recommendations

6 shall—

7 (I) describe the selection of the

8 program or project, including the level

9 of public involvement and independent

10 science review;

11 (II) describe the goals, objectives,

12 and implementation schedule of the

13 program or project, and the extent to

14 which the program or project addresses

15 regional and programmatic goals and

16 priorities;

17 (III) describe the monitoring

18 plans and performance measures that

19 will be used for evaluating the per20 formance of the proposed program or

21 project;

22 (IV) identify any cost-sharing ar23 rangements with cooperating entities;

24 (V) identify how the proposed pro25 gram or project will comply with all
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HR 2828 EAS

1 applicable Federal and State laws, in2 cluding the National Environmental

3 Policy Act of 1969 (42 U.S.C. 4321 et

4 seq.); and

5 (VI) in the case of any program

6 or project involving the acquisition of

7 private land using Federal funds

8 under this title—

9 (aa) describe the process and

10 timing of notification of interested

11 members of the public and local

12 governments;

13 (bb) describe the measures

14 taken to minimize impacts on ag15 ricultural land pursuant to the

16 Record of Decision; and

17 (cc) include preliminary

18 management plans for all prop19 erties to be acquired with Federal

20 funds, including an overview of

21 existing conditions (including

22 habitat types in the affected

23 project area), the expected ecologi24 cal benefits, preliminary cost esti-
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HR 2828 EAS

1 mates, and implementation sched2 ules.

3 (7) WATERSHEDS.—Activities under this para4 graph consist of—

5 (A) building local capacity to assess and

6 manage watersheds affecting the Delta system;

7 (B) technical assistance for watershed as8 sessments and management plans; and

9 (C) developing and implementing locally10 based watershed conservation, maintenance, and

11 restoration actions.

12 (8) WATER QUALITY.—Activities under this

13 paragraph consist of—

14 (A) addressing drainage problems in the

15 San Joaquin Valley to improve downstream

16 water quality (including habitat restoration

17 projects that improve water quality) if—

18 (i) a plan is in place for monitoring

19 downstream water quality improvements;

20 and

21 (ii) State and local agencies are con22 sulted on the activities to be funded;

23 except that no right, benefit, or privilege is cre24 ated as a result of this subparagraph;
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HR 2828 EAS

1 (B) implementation of source control pro2 grams in the Delta and its tributaries;

3 (C) developing recommendations through

4 scientific panels and advisory council processes

5 to meet the Calfed Bay-Delta Program goal of

6 continuous improvement in Delta water quality

7 for all uses;

8 (D) investing in treatment technology dem9 onstration projects;

10 (E) controlling runoff into the California

11 aqueduct, the Delta-Mendota Canal, and other

12 similar conveyances;

13 (F) addressing water quality problems at

14 the North Bay Aqueduct;

15 (G) supporting and participating in the de16 velopment of projects to enable San Francisco

17 Bay Area water districts, and water entities in

18 San Joaquin and Sacramento Counties, to work

19 cooperatively to address their water quality and

20 supply reliability issues, including—

21 (i) connections between aqueducts,

22 water transfers, water conservation meas23 ures, institutional arrangements, and infra24 structure improvements that encourage re25 gional approaches; and
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HR 2828 EAS

1 (ii) investigations and studies of avail2 able capacity in a project to deliver water

3 to the East Bay Municipal Utility District

4 under its contract with the Bureau of Rec5 lamation, dated July 20, 2001, in order to

6 determine if such capacity can be utilized to

7 meet the objectives of this subparagraph;

8 (H) development of water quality exchanges

9 and other programs to make high quality water

10 available for urban and other users;

11 (I) development and implementation of a

12 plan to meet all Delta water quality standards

13 for which the Federal and State water projects

14 have responsibility;

15 (J) development of recommendations

16 through science panels and advisory council

17 processes to meet the Calfed Bay-Delta Program

18 goal of continuous improvement in water quality

19 for all uses; and

20 (K) projects that are consistent with the

21 framework of the water quality component of the

22 Calfed Bay-Delta Program.

23 (9) SCIENCE.—Activities under this paragraph

24 consist of—
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HR 2828 EAS

1 (A) supporting establishment and mainte2 nance of an independent science board, technical

3 panels, and standing boards to provide oversight

4 and peer review of the Program;

5 (B) conducting expert evaluations and sci6 entific assessments of all Program elements;

7 (C) coordinating existing monitoring and

8 scientific research programs;

9 (D) developing and implementing adaptive

10 management experiments to test, refine, and im11 prove scientific understandings;

12 (E) establishing performance measures, and

13 monitoring and evaluating the performance of

14 all Program elements; and

15 (F) preparing an annual science report.

16 (10) DIVERSIFICATION OF WATER SUPPLIES.—

17 Activities under this paragraph consist of actions to

18 diversify sources of level 2 refuge supplies and modes

19 of delivery to refuges while maintaining the diversity

20 of level 4 supplies pursuant to section 3406(d)(2) of

21 the Central Valley Project Improvement Act (Public

22 Law 102–575; 106 Stat. 4723).

23 (e) NEW AND EXPANDED AUTHORIZATIONS FOR FED24 ERAL AGENCIES.—
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1 (1) IN GENERAL.—The heads of the Federal

2 agencies described in this subsection are authorized to

3 carry out the activities described in subsection (f)

4 during each of fiscal years 2005 through 2010, in co5 ordination with the Governor.

6 (2) SECRETARY OF THE INTERIOR.—The Sec7 retary of the Interior is authorized to carry out the

8 activities described in paragraphs (1), (2), and (4) of

9 subsection (f).

10 (3) ADMINISTRATOR OF THE ENVIRONMENTAL

11 PROTECTION AGENCY AND THE SECRETARIES OF AG12 RICULTUREAND COMMERCE.—The Administrator of

13 the Environmental Protection Agency, the Secretary

14 of Agriculture, and the Secretary of Commerce are

15 authorized to carry out the activities described in sub16 section (f)(4).

17 (4) SECRETARY OF THE ARMY.—The Secretary of

18 the Army is authorized to carry out the activities de19 scribed in paragraphs (3) and (4) of subsection (f).

20 (f) DESCRIPTION OF ACTIVITIES UNDER NEW AND EX21 PANDED AUTHORIZATIONS.—

22 (1) CONVEYANCE.—Of the amounts authorized to

23 be appropriated under section 109, not more than

24 $184,000,000 may be expended for the following:
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HR 2828 EAS

1 (A) SAN LUIS RESERVOIR.—Funds may be

2 expended for feasibility studies, evaluation, and

3 implementation of the San Luis Reservoir

4 lowpoint improvement project, except that Fed5 eral participation in any construction of an ex6 panded Pacheco Reservoir shall be subject to fu7 ture congressional authorization.

8 (B) INTERTIE.—Funds may be expended for

9 feasibility studies and evaluation of increased

10 capacity of the intertie between the State Water

11 Project California Aqueduct and the Central Val12 ley Project Delta Mendota Canal.

13 (C) FRANKS TRACT.—Funds may be ex14 pended for feasibility studies and actions at

15 Franks Tract to improve water quality in the

16 Delta.

17 (D) CLIFTON COURT FOREBAY AND THE

18 TRACY PUMPING PLANT.—Funds may be ex19 pended for feasibility studies and design of fish

20 screen and intake facilities at Clifton Court

21 Forebay and the Tracy Pumping Plant facilities.

22 (E) DRINKING WATER INTAKE FACILI23 TIES.—

24 (i) IN GENERAL.—Funds may be ex25 pended for design and construction of the
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HR 2828 EAS

1 relocation of drinking water intake facilities

2 to in-Delta water users.

3 (ii) DRINKING WATER QUALITY.—The

4 Secretary shall coordinate actions for relo5 cating intake facilities on a time schedule

6 consistent with subsection

7 (d)(2)(A)(i)(I)(bb) or take other actions nec8 essary to offset the degradation of drinking

9 water quality in the Delta due to the South

10 Delta Improvement Program.

11 (F) NEW MELONES RESERVOIR.—

12 (i) IN GENERAL.—In addition to the

13 other authorizations granted to the Sec14 retary by this title, the Secretary shall ac15 quire water from willing sellers and under16 take other actions designed to decrease re17 leases from the New Melones Reservoir for

18 meeting water quality standards and flow

19 objectives for which the Central Valley

20 Project has responsibility to assist in meet21 ing allocations to Central Valley Project

22 contractors from the New Melones Project.

23 (ii) PURPOSE.—The authorization

24 under this subparagraph is solely meant to

25 add flexibility for the Secretary to meet any
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HR 2828 EAS

1 obligations of the Secretary to the Central

2 Valley Project contractors from the New

3 Melones Project by reducing demand for

4 water dedicated to meeting water quality

5 standards in the San Joaquin River.

6 (iii) FUNDING.—Of the amounts au7 thorized to be appropriated under section

8 109, not more than $30,000,000 may be ex9 pended to carry out clause (i).

10 (G) RECIRCULATION OF EXPORT WATER.—

11 Funds may be used to conduct feasibility studies,

12 evaluate, and, if feasible, implement the recir13 culation of export water to reduce salinity and

14 improve dissolved oxygen in the San Joaquin

15 River.

16 (2) ENVIRONMENTAL WATER ACCOUNT.—

17 (A) IN GENERAL.—Of the amounts author18 ized to be appropriated under section 109, not

19 more than $90,000,000 may be expended for im20 plementation of the Environmental Water Ac21 count.

22 (B) NONREIMBURSABLE FEDERAL EXPENDI23 TURE.—Expenditures under subparagraph (A)

24 shall be considered a nonreimbursable Federal

25 expenditure in recognition of the payments of the
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HR 2828 EAS

1 contractors of the Central Valley Project to the

2 Restoration Fund created by the Central Valley

3 Project Improvement Act (Title XXXIV of Public

4 Law 102–575; 106 Stat. 4706).

5 (C) USEOF RESTORATION FUND.—

6 (i) IN GENERAL.—Of the amounts ap7 propriated for the Restoration Fund for

8 each fiscal year, an amount not to exceed

9 $10,000,000 for any fiscal year may be used

10 to implement the Environmental Water Ac11 count to the extent those actions are con12 sistent with the fish and wildlife habitat

13 restoration and improvement purposes of

14 the Central Valley Project Improvement Act.

15 (ii) ACCOUNTING.—Any such use of the

16 Restoration Fund shall count toward the 33

17 percent of funds made available to the Res18 toration Fund that, pursuant to section

19 3407(a) of the Central Valley Project Im20 provement Act, are otherwise authorized to

21 be appropriated to the Secretary to carry

22 out paragraphs (4) through (6), (10)

23 through (18), and (20) through (22) of sec24 tion 3406(b) of that Act.
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HR 2828 EAS

1 (iii) FEDERAL FUNDING.—The

2 $10,000,000 limitation on the use of the

3 Restoration Fund for the Environmental

4 Water Account under clause (i) does not

5 limit the appropriate amount of Federal

6 funding for the Environmental Water Ac7 count.

8 (3) LEVEE STABILITY.—

9 (A) IN GENERAL.—For purposes of imple10 menting the Calfed Bay-Delta Program within

11 the Delta (as defined in Cal. Water Code §

12 12220)), the Secretary of the Army is authorized

13 to undertake the construction and implementa14 tion of levee stability programs or projects for

15 such purposes as flood control, ecosystem restora16 tion, water supply, water conveyance, and water

17 quality objectives.

18 (B) REPORT.—Not later than 180 days

19 after the date of enactment of this Act, the Sec20 retary of the Army shall submit to the appro21 priate authorizing and appropriating commit22 tees of the Senate and the House of Representa23 tives a report that describes the levee stability re24 construction projects and priorities that will be
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HR 2828 EAS

1 carried out under this title during each of fiscal

2 years 2005 through 2010.

3 (C) SMALL FLOOD CONTROL PROJECTS.—

4 Notwithstanding the project purpose, the author5 ity granted under section 205 of the Flood Con6 trol Act of 1948 (33 U.S.C. 701s) shall apply to

7 each project authorized under this paragraph.

8 (D) PROJECTS.—Of the amounts authorized

9 to be appropriated under section 109, not more

10 than $90,000,000 may be expended to—

11 (i) reconstruct Delta levees to a base

12 level of protection (also known as the ‘‘Pub13 lic Law 84–99 standard’’);

14 (ii) enhance the stability of levees that

15 have particular importance in the system

16 through the Delta Levee Special Improve17 ment Projects Program;

18 (iii) develop best management practices

19 to control and reverse land subsidence on

20 Delta islands;

21 (iv) develop a Delta Levee Emergency

22 Management and Response Plan that will

23 enhance the ability of Federal, State, and

24 local agencies to rapidly respond to levee

25 emergencies;
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HR 2828 EAS

1 (v) develop a Delta Risk Management

2 Strategy after assessing the consequences of

3 Delta levee failure from floods, seepage, sub4 sidence, and earthquakes;

5 (vi) reconstruct Delta levees using, to

6 the maximum extent practicable, dredged

7 materials from the Sacramento River, the

8 San Joaquin River, and the San Francisco

9 Bay in reconstructing Delta levees;

10 (vii) coordinate Delta levee projects

11 with flood management, ecosystem restora12 tion, and levee protection projects of the

13 lower San Joaquin River and lower

14 Mokelumne River floodway improvements

15 and other projects under the Sacramento16 San Joaquin Comprehensive Study; and

17 (viii) evaluate and, if appropriate, re18 habilitate the Suisun Marsh levees.

19 (4) PROGRAM MANAGEMENT, OVERSIGHT, AND

20 COORDINATION.—

21 (A) IN GENERAL.—Of the amounts author22 ized to be appropriated under section 109, not

23 more than $25,000,000 may be expended by the

24 Secretary or the other heads of Federal agencies,

25 either directly or through grants, contracts, or
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HR 2828 EAS

1 cooperative agreements with agencies of the

2 State, for—

3 (i) Program support;

4 (ii) Program-wide tracking of sched5 ules, finances, and performance;

6 (iii) multiagency oversight and coordi7 nation of Program activities to ensure Pro8 gram balance and integration;

9 (iv) development of interagency cross10 cut budgets and a comprehensive finance

11 plan to allocate costs in accordance with the

12 beneficiary pays provisions of the Record of

13 Decision;

14 (v) coordination of public outreach and

15 involvement, including tribal, environ16 mental justice, and public advisory activi17 ties in accordance with the Federal Advi18 sory Committee Act (5 U.S.C. App.); and

19 (vi) development of Annual Reports.

20 (B) PROGRAM-WIDEACTIVITIES.—Of the

21 amount referred to in subparagraph (A), not less

22 than 50 percent of the appropriated amount

23 shall be provided to the California Bay-Delta

24 Authority to carry out Program-wide manage25 ment, oversight, and coordination activities.
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HR 2828 EAS

1 SEC. 104. MANAGEMENT.

2 (a) COORDINATION.—In carrying out the Calfed Bay3 Delta Program, the Federal agencies shall coordinate their

4 activities with the State agencies.

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

6 Calfed Bay-Delta Program, the Federal agencies shall co7 operate with local and tribal governments and the public

8 through an advisory committee established in accordance

9 with the Federal Advisory Committee Act (5 U.S.C. App.)

10 and other appropriate means, to seek input on Program

11 planning and design, technical assistance, and development

12 of peer review science programs.

13 (c) SCIENCE.—In carrying out the Calfed Bay-Delta

14 Program, the Federal agencies shall seek to ensure, to the

15 maximum extent practicable, that—

16 (1) all major aspects of implementing the Pro17 gram are subjected to credible and objective scientific

18 review; and

19 (2) major decisions are based upon the best

20 available scientific information.

21 (d) GOVERNANCE.—

22 (1) IN GENERAL.—In carrying out the Calfed

23 Bay-Delta Program, the Secretary and the Federal

24 agency heads are authorized to participate as non25 voting members of the California Bay-Delta Author26 ity, as established in the California Bay-Delta Au-
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HR 2828 EAS

1 thority Act (Cal. Water Code § 79400 et seq.), to the

2 extent consistent with Federal law, for the full dura3 tion of the period the Authority continues to be au4 thorized by State law.

5 (2) RELATIONSHIP TO FEDERAL LAW AND AGEN6 CIES.—Nothing in this subsection shall preempt or

7 otherwise affect any Federal law or limit the statu8 tory authority of any Federal agency.

9 (3) CALIFORNIA BAY-DELTA AUTHORITY.—

10 (A) ADVISORY COMMITTEE.—The California

11 Bay-Delta Authority shall not be considered an

12 advisory committee within the meaning of the

13 Federal Advisory Committee Act (5 U.S.C.

14 App.).

15 (B) FINANCIAL INTEREST.—The financial

16 interests of the California Bay-Delta Authority

17 shall not be imputed to any Federal official par18 ticipating in the Authority.

19 (C) ETHICS REQUIREMENTS.—A Federal of20 ficial participating in the California Bay-Delta

21 Authority shall remain subject to Federal finan22 cial disclosure and conflict of interest laws and

23 shall not be subject to State financial disclosure

24 and conflict of interest laws.
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HR 2828 EAS

1 (e) ENVIRONMENTAL JUSTICE.—The Federal agencies,

2 consistent with Executive Order 12898 (59 Fed. Reg. 7629),

3 should continue to collaborate with State agencies to—

4 (1) develop a comprehensive environmental jus5 tice workplan for the Calfed Bay-Delta Program; and

6 (2) fulfill the commitment to addressing environ7 mental justice challenges referred to in the Calfed

8 Bay-Delta Program Environmental Justice

9 Workplan, dated December 13, 2000.

10 (f) LAND ACQUISITION.—Federal funds appropriated

11 by Congress specifically for implementation of the Calfed

12 Bay-Delta Program may be used to acquire fee title to land

13 only where consistent with the Record of Decision.

14 SEC. 105. REPORTING REQUIREMENTS.

15 (a) REPORT.—

16 (1) IN GENERAL.—Not later than February 15 of

17 each year, the Secretary, in cooperation with the Gov18 ernor, shall submit to the appropriate authorizing

19 and appropriating committees of the Senate and the

20 House of Representatives a report that—

21 (A) describes the status of implementation

22 of all components of the Calfed Bay-Delta Pro23 gram;
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HR 2828 EAS

1 (B) sets forth any written determination re2 sulting from the review required under sub3 section (b) or section 103(d)(1)(B); and

4 (C) includes any revised schedule prepared

5 under subsection (b) or section

6 103(d)(1)(B)(iii)(II).

7 (2) CONTENTS.—The report required under

8 paragraph (1) shall describe—

9 (A) the progress of the Calfed Bay-Delta

10 Program in meeting the implementation schedule

11 for the Program in a manner consistent with the

12 Record of Decision;

13 (B) the status of implementation of all com14 ponents of the Program;

15 (C) expenditures in the past fiscal year for

16 implementing the Program;

17 (D) accomplishments during the past fiscal

18 year in achieving the objectives of additional and

19 improved—

20 (i) water storage;

21 (ii) water quality, including—

22 (I) the water quality targets de23 scribed in section 2.2.9 of the Record of

24 Decision; and
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HR 2828 EAS

1 (II) any pending actions that

2 may affect the ability of the Calfed

3 Bay-Delta Program to achieve those

4 targets and requirements;

5 (iii) water use efficiency;

6 (iv) ecosystem restoration;

7 (v) watershed management;

8 (vi) levee system integrity;

9 (vii) water transfers;

10 (viii) water conveyance;

11 (ix) water supply reliability (including

12 new firm yield), including progress in

13 achieving the water supply targets described

14 in section 2.2.4 of the Record of Decision

15 and any pending actions that may affect

16 the ability of the Calfed Bay-Delta Program

17 to achieve those targets; and

18 (x) the uses and assets of the environ19 mental water account described in section

20 2.2.7 of the Record of Decision;

21 (E) Program goals, current schedules, and

22 relevant financing agreements, including funding

23 levels necessary to achieve completion of the fea24 sibility studies and environmental documenta25 tion for the surface storage projects identified in
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HR 2828 EAS

1 section 103 by not later than September 30,

2 2008;

3 (F) progress on—

4 (i) storage projects;

5 (ii) conveyance improvements;

6 (iii) levee improvements;

7 (iv) water quality projects; and

8 (v) water use efficiency programs;

9 (G) completion of key projects and mile10 stones identified in the Ecosystem Restoration

11 Program, including progress on project effective12 ness, monitoring, and accomplishments;

13 (H) development and implementation of

14 local programs for watershed conservation and

15 restoration;

16 (I) progress in improving water supply reli17 ability and implementing the Environmental

18 Water Account;

19 (J) achievement of commitments under the

20 Endangered Species Act of 1973 (16 U.S.C. 1531

21 et seq.) and endangered species law of the State;

22 (K) implementation of a comprehensive

23 science program;

24 (L) progress toward acquisition of the Fed25 eral and State permits (including permits under
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HR 2828 EAS

1 section 404(a) of the Federal Water Pollution

2 Control Act (33 U.S.C. 1344(a))) for implemen3 tation of projects in all identified Program

4 areas;

5 (M) progress in achieving benefits in all ge6 ographic regions covered by the Program;

7 (N) legislative action on—

8 (i) water transfer;

9 (ii) groundwater management;

10 (iii) water use efficiency; and

11 (iv) governance;

12 (O) the status of complementary actions;

13 (P) the status of mitigation measures; and

14 (Q) revisions to funding commitments and

15 Program responsibilities.

16 (b) ANNUAL REVIEW OF PROGRESS AND BALANCE.—

17 (1) IN GENERAL.—Not later than November 15 of

18 each year, the Secretary, in cooperation with the Gov19 ernor, shall review progress in implementing the

20 Calfed Bay-Delta Program based on—

21 (A) consistency with the Record of Decision;

22 and

23 (B) balance in achieving the goals and ob24 jectives of the Calfed Bay-Delta Program.
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HR 2828 EAS

1 (2) REVISED SCHEDULE.—If, at the conclusion

2 of each such annual review or if a timely annual re3 view is not undertaken, the Secretary or the Governor

4 determines in writing that either the Program imple5 mentation schedule has not been substantially adhered

6 to, or that balanced progress in achieving the goals

7 and objectives of the Program is not occurring, the

8 Secretary and the Governor, in coordination with the

9 Bay-Delta Public Advisory Committee, shall prepare

10 a revised schedule to achieve balanced progress in all

11 Calfed Bay-Delta Program elements consistent with

12 the intent of the Record of Decision.

13 (c) FEASIBILITY STUDIES.—Any feasibility studies

14 completed as a result of this title shall include identification

15 of project benefits and a cost allocation plan consistent with

16 the beneficiaries pay provisions of the Record of Decision.

17 SEC. 106. CROSSCUT BUDGET.

18 (a) IN GENERAL.—The President’s budget shall in19 clude such requests as the President considers necessary and

20 appropriate for the appropriate level of funding for each

21 of the Federal agencies to carry out its responsibilities

22 under the Calfed Bay-Delta Program.

23 (b) REQUESTS BY FEDERAL AGENCIES.—The funds

24 shall be requested for the Federal agency with authority and

25 programmatic responsibility for the obligation of the funds,
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HR 2828 EAS

1 in accordance with subsections (b) through (f) of section

2 103.

3 (c) REPORT.—Not later than 30 days after submission

4 of the budget of the President to Congress, the Director of

5 the Office of Management and Budget, in coordination with

6 the Governor, shall submit to the appropriate authorizing

7 and appropriating committees of the Senate and the House

8 of Representatives a financial report certified by the Sec9 retary containing—

10 (1) an interagency budget crosscut report that—

11 (A) displays the budget proposed, including

12 any interagency or intra-agency transfer, for

13 each of the Federal agencies to carry out the

14 Calfed Bay-Delta Program for the upcoming fis15 cal year, separately showing funding requested

16 under both pre-existing authorities and under

17 the new authorities granted by this title; and

18 (B) identifies all expenditures since 1998 by

19 the Federal and State governments to achieve the

20 objectives of the Calfed Bay-Delta Program;

21 (2) a detailed accounting of all funds received

22 and obligated by all Federal agencies and State agen23 cies responsible for implementing the Calfed Bay24 Delta Program during the previous fiscal year;
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HR 2828 EAS

1 (3) a budget for the proposed projects (including

2 a description of the project, authorization level, and

3 project status) to be carried out in the upcoming fis4 cal year with the Federal portion of funds for activi5 ties under subsections (b) through (f) of section 103;

6 and

7 (4) a listing of all projects to be undertaken in

8 the upcoming fiscal year with the Federal portion of

9 funds for activities under subsections (b) through (f)

10 of section 103.

11 SEC. 107. FEDERAL SHARE OF COSTS.

12 (a) IN GENERAL.—The Federal share of the cost of im13 plementing the Calfed Bay-Delta Program for fiscal years

14 2005 through 2010 in the aggregate, as set forth in the

15 Record of Decision, shall not exceed 33.3 percent.

16 (b) PAYMENT FOR BENEFITS.—The Secretary shall en17 sure that all beneficiaries, including beneficiaries of envi18 ronmental restoration and other Calfed program elements,

19 shall pay for the benefit received from all projects or activi20 ties carried out under the Calfed Bay-Delta Program.

21 (c) INTEGRATED RESOURCE PLANNING.—Federal ex22 penditures for the Calfed Bay-Delta Program shall be im23 plemented in a manner that encourages integrated resource

24 planning.
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HR 2828 EAS

1 SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

2 Nothing in this title—

3 (1) invalidates or 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 or

7 ground water;

8 (3) preempts or modifies any State or Federal

9 law or interstate compact governing water quality or

10 disposal;

11 (4) confers on any non-Federal entity the ability

12 to exercise any Federal right to the waters of any

13 stream or to any ground water resource; or

14 (5) alters or modifies any provision of existing

15 Federal law, except as specifically provided in this

16 title.

17 SEC. 109. AUTHORIZATION OF APPROPRIATION.

18 There are authorized to be appropriated to the Sec19 retary and the heads of the Federal agencies to pay the Fed20 eral share of the cost of carrying out the new and expanded

21 authorities described in subsections (e) and (f) of section

22 103 $389,000,000 for the period of fiscal years 2005 through

23 2010, to remain available until expended.
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HR 2828 EAS

1 TITLE II—MISCELLANEOUS

2 SEC. 201. SALTON SEA STUDY PROGRAM.

3 Not later than December 31, 2006, the Secretary of the

4 Interior, in coordination with the State of California and

5 the Salton Sea Authority, shall complete a feasibility study

6 on a preferred alternative for Salton Sea restoration.

7 SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVA8 TION PROJECT FEASIBILITY STUDY AND RE9 PORT.

10 (a) STUDY.—Pursuant to Federal reclamation law

11 (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),

12 and Acts supplemental to and amendatory of that Act (43

13 U.S.C. 371 et seq.)), the Secretary of the Interior (referred

14 to in this section as the ‘‘Secretary’’), through the Bureau

15 of Reclamation, and in consultation and cooperation with

16 the El Dorado Irrigation District, is authorized to conduct

17 a study to determine the feasibility of constructing a project

18 on Alder Creek in El Dorado County, California, to store

19 water and provide water supplies during dry and critically

20 dry years for consumptive use, recreation, in-stream flows,

21 irrigation, and power production.

22 (b) REPORT.—

23 (1) TRANSMISSION.—On completion of the study

24 authorized by subsection (a), the Secretary shall

25 transmit to the Committee on Resources of the House
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HR 2828 EAS

1 of Representatives and the Committee on Energy and

2 Natural Resources of the Senate a report containing

3 the results of the study.

4 (2) CONTENTS OF REPORT.—The report shall

5 contain appropriate cost sharing options for the im6 plementation of the project based on the use and pos7 sible allocation of any stored water.

8 (3) USEOF AVAILABLEMATERIALS.—In devel9 oping the report under this section, the Secretary

10 shall use reports and any other relevant information

11 supplied by the El Dorado Irrigation District.

12 (c) COST SHARE.—

13 (1) FEDERAL SHARE.—The Federal share of the

14 costs of the feasibility study authorized by this section

15 shall not exceed 50 percent of the total cost of the

16 study.

17 (2) IN-KIND CONTRIBUTION FOR NON-FEDERAL

18 SHARE.—The Secretary may accept as part of the

19 non-Federal cost share the contribution such in-kind

20 services by the El Dorado Irrigation District as the

21 Secretary determines will contribute to the conduct

22 and completion of the study.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section

25 $3,000,000.
†

59

HR 2828 EAS

1 SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL

2 DEVICE AUTHORIZATION.

3 Section 1(c) of Public Law 105–295 (112 Stat. 2820)

4 (as amended by section 219(b) of Public Law 108–137 (117

5 Stat. 1853)) is amended in the second sentence by striking

6 ‘‘$3,500,000’’ and inserting ‘‘$6,250,000’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 2828

AMENDMENT