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 Com-
mittee on Transportation and Infrastructure, for a period to be subse-
quently 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘CALFED Extension
Act of 2000’’.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize funding for
the Secretary of the Interior to continue the implementa-
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tion of ecosystem protection programs, and development
of water supply enhancement projects critically needed to
improve water supply and water quality for California.
This authorization will ensure that the program empha-
sizes well-grounded sound science for decisions and ac-
tions.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Banks Pumping Plant’’ means
the plant operated by the State of California for op-
eration of the state project.
(2) The term ‘‘Environmental Water Account’’
means the CALFED Agencies sponsored water ac-
count established to provide water for the protection
and recovery of fish beyond water available through
existing regulatory actions, at no uncompensated
water cost to the water users, in the Central Valley
system.
(3) The term ‘‘CALFED Agencies’’ means both
Federal and State Agencies.
(4) The term ‘‘Central Valley System’’ means
the waters entering and supplied by the San Joaquin
and Sacramento Valley watershed and the lands
within the watershed.
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(5) The term ‘‘Congressional Committees’’
means the Senate Committee on Energy and Nat-
ural 
Resources, 
Senate 
Appropriations 
Sub-
committee on Energy and Water, House Resources
Committee, and the House Appropriations Sub-
committee on Energy and Water Development.
(6) The term ‘‘Federal Agencies’’ means the
Federal agencies as identified in the Record of Deci-
sion.
(7) The term ‘‘Record of Decision’’ means the
Federal record of decision issued August 28, 2000,
pursuant to the National Environmental Policy Act,
the State certification of the final programmatic en-
vironmental impact statement, environmental impact
report for the CALFED Bay-Delta Program, and
the Notice of September 7, 2000, determination
issued pursuant to the California Environmental
Quality Act.
(8) The term ‘‘Secretary’’ means the Secretary
of Interior.
(9) The term ‘‘State Agencies’’ means the Fed-
eral Agencies as identified in the Record of Decision.
(10) The term ‘‘Tracy Pumping Plant’’ means
the pumping plant utilized by the Federal Govern-
ment to provide water for the Central Valley Project.
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(11) The term ‘‘Vernalis flows’’ means the
agreement regarding the flows in the San Joaquin
River measured at Vernalis during April and May
being a one-to-one ratio to amounts pumped from
the Tracy Pumping Plant.
(12) The term ‘‘Yield’’ means a quantity of
water supply, either derived from recycling existing
sources, stored in a reservoir, or by other means
that is reliably available in critically dry years. Con-
servation, land retirement, transfers, groundwater,
increased delta pumping, and other such water man-
agement tools that generate additional or new water
supplies shall be considered in characterizing yield.
SEC. 4. WATER SYSTEM IMPROVEMENTS.
(a) IN GENERAL.—The Federal Agencies, acting
through the CALFED Bay-Delta Program, shall develop
a balanced and timely program designed to achieve in-
creased water supply, system reliability, water quality,
water use efficiency, water transfers, levee protection, and
environmental benefits. In meeting the need for balance,
funding for water supply enhancements and environmental
benefits shall proceed concomitantly so that adequate
progress is made in each area.
(b) WATER SUPPLY.—The Federal Agencies are di-
rected to ensure that Federal participation in the
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CALFED Bay-Delta Program results in continuous,
measurable, and significant benefits in increased water
supply yield, water system reliability, and improved water
quality for agricultural and urban uses throughout the
Central Valley system. In developing such water supply
benefits, funding for water storage development and con-
veyance facilities located in the Central Valley and Bay-
Delta, will occur together. In developing water supply op-
tions the Federal Agencies shall consider all potential stor-
age alternatives and utilize a cost/benefit analysis in con-
junction with environmental criteria to ensure that pro-
posals are selected which address environmental issues
and are economically viable.
SEC. 5. PROGRAM MANAGEMENT.
(a) LONG-TERM SOLUTION.—Nothing in this Act
shall be deemed to diminish the Federal interest in, and
responsibility for, working with the State of California
through the CALFED Bay-Delta Program in developing,
funding, and implementing a balanced, long-term solution
for increased water supply, system reliability, water qual-
ity, water use efficiency, water transfers, levee protection,
and environmental benefits in the Central Valley system
in California. Participation in such long-term solution
shall only be undertaken pursuant to authorization pro-
vided by law other than this Act, and shall be based on
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the equitable allocation of program costs among bene-
ficiary groups that the CALFED Bay-Delta programs
shall develop.
(b) CALFED GOVERNANCE.—It is the intent of Con-
gress that the Federal Government and the State of Cali-
fornia will work together to develop a joint structure for
managing CALFED operations. To achieve that goal, the
Federal Agencies are directed to participate with the State
Agencies to develop a proposed structure that will be au-
thorized by both Congress and the California Legislatures
prior to becoming effective. In developing such a proposal,
the CALFED Agencies are directed to make such a rec-
ommendation to Congress and the California Legislatures
by May 30, 2001. The Federal Agencies are directed to
take steps that will encourage broad public and local gov-
ernment involvement in developing the CALFED govern-
ance proposal. Whenever feasible, meetings of multiple
CALFED Agencies to develop program goals or determine
operational criteria shall be open to the public.
SEC. 6. ENVIRONMENTAL WATER MANAGEMENT.
(a) The Federal Agencies are directed to manage the
Environmental Water Account (EWA) established in the
Record of Decision to reduce the risk of water supply de-
liveries disruptions, to reduce Delta water quality degrada-
tion, and to mitigate such impacts.
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(b) If the water purchase targets for the Environ-
mental Water Account are not met, then:
(1) to meet the needs of endangered species act
biological opinions in effect as of December 15,
1994, and California’s 1995 Water Quality Control
Plan 
for 
the 
Sacramento-San 
Joaquin 
Delta
(WQCP–SSJD), the Federal Agencies, in coordina-
tion with the State of California, shall develop flexi-
ble operational procedures that increase the pumping
rate and times to mitigate any losses that would oth-
erwise accrue.
(2) To meet the needs of the endangered spe-
cies act listings which occurred after December 15,
1994, and California’s 1995 WQCP–SSJD addi-
tional water needs will be provided by the Federal
Government through water acquisitions on a willing
seller basis and financed by Federal funds.
(3) Any water supply losses resulting from
pumping curtailments at the Tracy Pumping Plant
to achieve a one-to-one pumping ratio in relation to
San Joaquin River/Vernalis flows shall be considered
water dedicated and managed under Public Law
102–575, section 3406(b)(2). Any pumping reduc-
tions at the Banks Pumping Plant to achieve such
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ratios shall be made up with water provided by the
Federal Government from Federal funds.
SEC. 7. LAND ACQUISITION.
Prior to acquiring land as part of the CALFED pro-
gram, the CALFED Agencies shall first determine that
Federal- or State-owned land is not available to achieve
identified CALFED program objectives. If private lands
are proposed for acquisition, the Federal Agencies shall
ensure that all Payments In Lieu of Taxes on existing
Federal lands within the county where the land is to be
acquired are currently paid. In determining whether to ac-
quire additional lands for the CALFED program, the
CALFED Agencies shall consider the cumulative impact
on the local government and communities of transferring
the property into government ownership and mitigate such
impacts.
SEC. 8. LIST OF PROPOSED FEDERAL EXPENDITURES.
The Secretary shall transmit to the Congressional
Committees for each fiscal year, by no later than the sub-
mission of the budget for the fiscal year under section
1105 of title 31, United States Code, a report for the pro-
posed projects to be carried out with the Federal portion
of the funds to be appropriated pursuant to this Act for
the upcoming fiscal year. The report shall separately
specify all projects supported by Federal funding. For
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such projects the Secretary shall provide a summary of
the recommendations provided by the Bay-Delta Advisory
Committee, the Ecosystem Roundtable, and other mem-
bers of the public commenting on the projects.
SEC. 9. ANNUAL REPORTS.
(a) STATE REPORTS.—On January 1, 2001, the Gov-
ernor of California shall account for all monies received
from the Federal FY 2000 budget in a written report to
the Secretary of the Interior. The report shall include, a
description of all projects and activities receiving funds
under this Act, as well as any unexpended funds.
(b) REPORT TO CONGRESS.—On January 1, 2001,
the Secretary shall provide to Congress a report regarding
CALFED Bay-Delta Program expenditures and accom-
plishments in achieving increased water supply, system,
reliability, water quality, water use efficiency, water trans-
fers, levee protection, and environmental benefits.
SEC. 10. PROGRAM FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—For fis-
cal year 2001 there is authorized to be appropriated to
the Secretary of the Interior $60,000,000. Funds appro-
priated pursuant to this section may remain available until
expended.
(b) TREATMENT OF FUNDS.—Funds authorized to be
appropriated pursuant to this section to those Federal
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Agencies that are currently or subsequently become par-
ticipants in the CALFED Bay-Delta Program shall be in
addition to the baseline funding levels established for cur-
rently authorized projects and programs under the Central
Valley Project Improvement Act (title XXXIV of Public
Law 102–575) and other currently authorized Federal
programs for the purposes of Bay-Delta ecosystem protec-
tion and restoration.
SEC. 11. PROGRAM RESPONSIBILITIES.
(a) COORDINATION.—To the extent not otherwise au-
thorized, those agencies and departments that are cur-
rently or subsequently become participants in the
CALFED Bay-Delta Program are hereby authorized to
undertake the activities and programs for which Federal
cost sharing is provided by this Act. The United States
shall continue coordinated consultations and negotiations
with the State of California pursuant to the cost-sharing
agreement required by section 78684.10 of California Sen-
ate Bill 900, Chapter 135, Statutes of 1996, signed by
the Governor of California on July 11, 1996. In addition,
the Federal Agencies shall work with local governments
and the public to seek their input on program elements.
Such activities shall include, but not be limited to, plan-
ning, design, technical assistance, construction for eco-