I

106TH CONGRESS

2D SESSION H. R. 5130

To authorize the Secretary of the Interior to provide cost sharing for the

CALFED water enhancement programs in California.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2000

Mr. DOOLITTLE (for himself, Mr. CALVERT, Mr. POMBO, Mr. RADANOVICH,

Mr. PACKARD, and Mr. THOMAS) introduced the following bill; which was

referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the Secretary of the Interior to provide cost

sharing for the CALFED water enhancement programs

in California.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘CALFED Extension

5 Act of 2000’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to authorize funding for

8 the Secretary of the Interior to continue the implementa-
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1 tion of ecosystem protection programs, and development

2 of water supply enhancement projects critically needed to

3 improve water supply and water quality for California.

4 This authorization will ensure that the program empha5 sizes well-grounded sound science for decisions and ac6 tions.

7 SEC. 3. DEFINITIONS.

8 As used in this Act:

9 (1) The term ‘‘Banks Pumping Plant’’ means

10 the plant operated by the State of California for op11 eration of the state project.

12 (2) The term ‘‘Environmental Water Account’’

13 means the CALFED Agencies sponsored water ac14 count established to provide water for the protection

15 and recovery of fish beyond water available through

16 existing regulatory actions, at no uncompensated

17 water cost to the water users, in the Central Valley

18 system.

19 (3) The term ‘‘CALFED Agencies’’ means both

20 Federal and State Agencies.

21 (4) The term ‘‘Central Valley System’’ means

22 the waters entering and supplied by the San Joaquin

23 and Sacramento Valley watershed and the lands

24 within the watershed.
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1 (5) The term ‘‘Congressional Committees’’

2 means the Senate Committee on Energy and Nat3 ural Resources, Senate Appropriations Sub4 committee on Energy and Water, House Resources

5 Committee, and the House Appropriations Sub6 committee on Energy and Water Development.

7 (6) The term ‘‘Federal Agencies’’ means the

8 Federal agencies as identified in the Record of Deci9 sion.

10 (7) The term ‘‘Record of Decision’’ means the

11 Federal record of decision issued August 28, 2000,

12 pursuant to the National Environmental Policy Act,

13 the State certification of the final programmatic en14 vironmental impact statement, environmental impact

15 report for the CALFED Bay-Delta Program, and

16 the Notice of September 7, 2000, determination

17 issued pursuant to the California Environmental

18 Quality Act.

19 (8) The term ‘‘Secretary’’ means the Secretary

20 of Interior.

21 (9) The term ‘‘State Agencies’’ means the Fed22 eral Agencies as identified in the Record of Decision.

23 (10) The term ‘‘Tracy Pumping Plant’’ means

24 the pumping plant utilized by the Federal Govern25 ment to provide water for the Central Valley Project.
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1 (11) The term ‘‘Vernalis flows’’ means the

2 agreement regarding the flows in the San Joaquin

3 River measured at Vernalis during April and May

4 being a one-to-one ratio to amounts pumped from

5 the Tracy Pumping Plant.

6 (12) The term ‘‘Yield’’ means a quantity of

7 water supply, either derived from recycling existing

8 sources, stored in a reservoir, or by other means

9 that is reliably available in critically dry years. Con10 servation, land retirement, transfers, groundwater,

11 increased delta pumping, and other such water man12 agement tools that generate additional or new water

13 supplies shall be considered in characterizing yield.

14 SEC. 4. WATER SYSTEM IMPROVEMENTS.

15 (a) IN GENERAL.—The Federal Agencies, acting

16 through the CALFED Bay-Delta Program, shall develop

17 a balanced and timely program designed to achieve in18 creased water supply, system reliability, water quality,

19 water use efficiency, water transfers, levee protection, and

20 environmental benefits. In meeting the need for balance,

21 funding for water supply enhancements and environmental

22 benefits shall proceed concomitantly so that adequate

23 progress is made in each area.

24 (b) WATER SUPPLY.—The Federal Agencies are di25 rected to ensure that Federal participation in the
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1 CALFED Bay-Delta Program results in continuous,

2 measurable, and significant benefits in increased water

3 supply yield, water system reliability, and improved water

4 quality for agricultural and urban uses throughout the

5 Central Valley system. In developing such water supply

6 benefits, funding for water storage development and con7 veyance facilities located in the Central Valley and Bay8 Delta, will occur together. In developing water supply op9 tions the Federal Agencies shall consider all potential stor10 age alternatives and utilize a cost/benefit analysis in con11 junction with environmental criteria to ensure that pro12 posals are selected which address environmental issues

13 and are economically viable.

14 SEC. 5. PROGRAM MANAGEMENT.

15 (a) LONG-TERM SOLUTION.—Nothing in this Act

16 shall be deemed to diminish the Federal interest in, and

17 responsibility for, working with the State of California

18 through the CALFED Bay-Delta Program in developing,

19 funding, and implementing a balanced, long-term solution

20 for increased water supply, system reliability, water qual21 ity, water use efficiency, water transfers, levee protection,

22 and environmental benefits in the Central Valley system

23 in California. Participation in such long-term solution

24 shall only be undertaken pursuant to authorization pro25 vided by law other than this Act, and shall be based on
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1 the equitable allocation of program costs among bene2 ficiary groups that the CALFED Bay-Delta programs

3 shall develop.

4 (b) CALFED GOVERNANCE.—It is the intent of Con5 gress that the Federal Government and the State of Cali6 fornia will work together to develop a joint structure for

7 managing CALFED operations. To achieve that goal, the

8 Federal Agencies are directed to participate with the State

9 Agencies to develop a proposed structure that will be au10 thorized by both Congress and the California Legislatures

11 prior to becoming effective. In developing such a proposal,

12 the CALFED Agencies are directed to make such a rec13 ommendation to Congress and the California Legislatures

14 by May 30, 2001. The Federal Agencies are directed to

15 take steps that will encourage broad public and local gov16 ernment involvement in developing the CALFED govern17 ance proposal. Whenever feasible, meetings of multiple

18 CALFED Agencies to develop program goals or determine

19 operational criteria shall be open to the public.

20 SEC. 6. ENVIRONMENTAL WATER MANAGEMENT.

21 (a) The Federal Agencies are directed to manage the

22 Environmental Water Account (EWA) established in the

23 Record of Decision to reduce the risk of water supply de24 liveries disruptions, to reduce Delta water quality degrada25 tion, and to mitigate such impacts.
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1 (b) If the water purchase targets for the Environ2 mental Water Account are not met, then:

3 (1) to meet the needs of endangered species act

4 biological opinions in effect as of December 15,

5 1994, and California’s 1995 Water Quality Control

6 Plan for the Sacramento-San Joaquin Delta

7 (WQCP–SSJD), the Federal Agencies, in coordina8 tion with the State of California, shall develop flexi9 ble operational procedures that increase the pumping

10 rate and times to mitigate any losses that would oth11 erwise accrue.

12 (2) To meet the needs of the endangered spe13 cies act listings which occurred after December 15,

14 1994, and California’s 1995 WQCP–SSJD addi15 tional water needs will be provided by the Federal

16 Government through water acquisitions on a willing

17 seller basis and financed by Federal funds.

18 (3) Any water supply losses resulting from

19 pumping curtailments at the Tracy Pumping Plant

20 to achieve a one-to-one pumping ratio in relation to

21 San Joaquin River/Vernalis flows shall be considered

22 water dedicated and managed under Public Law

23 102–575, section 3406(b)(2). Any pumping reduc24 tions at the Banks Pumping Plant to achieve such
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1 ratios shall be made up with water provided by the

2 Federal Government from Federal funds.

3 SEC. 7. LAND ACQUISITION.

4 Prior to acquiring land as part of the CALFED pro5 gram, the CALFED Agencies shall first determine that

6 Federal- or State-owned land is not available to achieve

7 identified CALFED program objectives. If private lands

8 are proposed for acquisition, the Federal Agencies shall

9 ensure that all Payments In Lieu of Taxes on existing

10 Federal lands within the county where the land is to be

11 acquired are currently paid. In determining whether to ac12 quire additional lands for the CALFED program, the

13 CALFED Agencies shall consider the cumulative impact

14 on the local government and communities of transferring

15 the property into government ownership and mitigate such

16 impacts.

17 SEC. 8. LIST OF PROPOSED FEDERAL EXPENDITURES.

18 The Secretary shall transmit to the Congressional

19 Committees for each fiscal year, by no later than the sub20 mission of the budget for the fiscal year under section

21 1105 of title 31, United States Code, a report for the pro22 posed projects to be carried out with the Federal portion

23 of the funds to be appropriated pursuant to this Act for

24 the upcoming fiscal year. The report shall separately

25 specify all projects supported by Federal funding. For
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1 such projects the Secretary shall provide a summary of

2 the recommendations provided by the Bay-Delta Advisory

3 Committee, the Ecosystem Roundtable, and other mem4 bers of the public commenting on the projects.

5 SEC. 9. ANNUAL REPORTS.

6 (a) STATE REPORTS.—On January 1, 2001, the Gov7 ernor of California shall account for all monies received

8 from the Federal FY 2000 budget in a written report to

9 the Secretary of the Interior. The report shall include, a

10 description of all projects and activities receiving funds

11 under this Act, as well as any unexpended funds.

12 (b) REPORT TO CONGRESS.—On January 1, 2001,

13 the Secretary shall provide to Congress a report regarding

14 CALFED Bay-Delta Program expenditures and accom15 plishments in achieving increased water supply, system,

16 reliability, water quality, water use efficiency, water trans17 fers, levee protection, and environmental benefits.

18 SEC. 10. PROGRAM FUNDING.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—For fis20 cal year 2001 there is authorized to be appropriated to

21 the Secretary of the Interior $60,000,000. Funds appro22 priated pursuant to this section may remain available until

23 expended.

24 (b) TREATMENT OF FUNDS.—Funds authorized to be

25 appropriated pursuant to this section to those Federal
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1 Agencies that are currently or subsequently become par2 ticipants in the CALFED Bay-Delta Program shall be in

3 addition to the baseline funding levels established for cur4 rently authorized projects and programs under the Central

5 Valley Project Improvement Act (title XXXIV of Public

6 Law 102–575) and other currently authorized Federal

7 programs for the purposes of Bay-Delta ecosystem protec8 tion and restoration.

9 SEC. 11. PROGRAM RESPONSIBILITIES.

10 (a) COORDINATION.—To the extent not otherwise au11 thorized, those agencies and departments that are cur12 rently or subsequently become participants in the

13 CALFED Bay-Delta Program are hereby authorized to

14 undertake the activities and programs for which Federal

15 cost sharing is provided by this Act. The United States

16 shall continue coordinated consultations and negotiations

17 with the State of California pursuant to the cost-sharing

18 agreement required by section 78684.10 of California Sen19 ate Bill 900, Chapter 135, Statutes of 1996, signed by

20 the Governor of California on July 11, 1996. In addition,

21 the Federal Agencies shall work with local governments

22 and the public to seek their input on program elements.

23 Such activities shall include, but not be limited to, plan24 ning, design, technical assistance, construction for eco-
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1 system restoration programs and projects, and the devel2 opment of a peer review science program.

3 (b) BUDGET CROSSCUT.—By November 1, 2000, the

4 Office of Management and Budget is directed to submit

5 to the Congressional Committees, an interagency budget

6 crosscut report that displays the proposed Federal spend7 ing for fiscal year 2001 on ecosystem restoration and

8 other purposes in the Bay-Delta region, that identifies all

9 expenditures with the State and Federal Governments

10 used to achieve the objectives identified with the CALFED

11 program. The report shall be substantially in the form

12 transmitted by the Executive Director of CALFED on

13 September 16, 1999, to Chairman of the House Resources

14 Water and Power Subcommittee. OMB shall produce an

15 update of the September 16, 1999, report by no later than

16 January 1, 2001, to display the actual expenditures that

17 were made for fiscal year 2000. As part of the submission

18 of the budget for fiscal year 2001 under section 1105 of

19 title 31, United States Code, OMB shall prepare a similar

20 budget crosscut report itemizing the proposed fiscal

21 project level funding for year 2001.

22 (c) PERFORMANCE MEASURES.—CALFED shall pro23 vide the Congressional Committees by January 1, 2001,

24 a clear statement of goals for long term water quality,

25 water supply reliability, and ecosystem restoration.
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1 CALFED shall also provide ecological monitoring

2 plans and protocols to be used for gauging performance

3 of projects funded under this title relative to the stated

4 ecological goals. Said monitoring protocols shall be com5 patible with the Comprehensive Monitoring Assessment

6 and Research Program and incorporated into all eco7 system projects, grants and awards of funds appropriated

8 pursuant to this Act. CALFED shall collect all monitoring

9 data and use it to assess the effectiveness of the Eco10 system Restoration Program Plan implementation.

11 CALFED Agencies shall also ensure that monitoring data

12 collected for projects funded by the Central Valley Project

13 Restoration Fund and under other relevant authorities are

14 compatible and designed to measure overall trends in eco15 system health in the Central Valley system.

16 (d) COORDINATION.—CALFED shall establish a Co17 ordination Program to ensure that all relevant Federal

18 programs authorized under this Act and other pre-existing

19 authorities coordinate goal-setting, funding, and imple20 mentation so as to ensure the most efficient and effective

21 expenditure of Federal funds for CALFED related activi22 ties.

23 (e) OBJECTIVE SCIENCE.—The Federal Agencies

24 shall ensure that all aspects of the CALFED program

25 components will use credible and objective scientific review
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1 and will ensure that decisions are based on the best avail2 able, independent peer-reviewed information.

3 SEC. 12 COMPLIANCE WITH STATE LAW.

4 In carrying out the provisions of this Act, the

5 CALFED Agencies shall operate in compliance with Cali6 fornia water law. Nothing in this act shall be construed

7 to invalidate or preempt State environmental, land use,

8 or water law.

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