108TH CONGRESS
2D SESSION
H. R. 2828
AN ACT
To authorize the Secretary of the Interior to implement
water supply technology and infrastructure programs
aimed at increasing and diversifying domestic water re-
sources.
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 ‘‘Water Supply, Reli-
ability, and Environmental Improvement Act’’.
TITLE 
I—CALIFORNIA 
WATER
SECURITY 
AND 
ENVIRON-
MENTAL ENHANCEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘California Water Se-
curity and Environmental Enhancement Act’’.
SEC. 102. DEFINITIONS.
In this title:
(1) CALFED BAY-DELTA PROGRAM.—The terms
‘‘Calfed Bay-Delta Program’’ and ‘‘Program’’ mean
the programs, projects, complementary actions, and
activities undertaken through coordinated planning,
implementation, and assessment activities of the
State and Federal Agencies in a manner consistent
with the Record of Decision.
(2) CALIFORNIA BAY-DELTA AUTHORITY.—The
terms ‘‘California Bay-Delta Authority’’ and ’’Author-
ity’’ mean the California Bay-Delta Authority, as set
forth in the California Bay-Delta Authority Act
(Cal. Water Code 79400 et seq.).
(3) ENVIRONMENTAL
WATER
ACCOUNT.—The
term ‘‘Environmental Water Account’’ means the co-
operative management program established under
the Record of Decision.
(4) 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 Wild-
life Service:
(iii) the Bureau of Land Management;
and
(iv) the United States Geological Sur-
vey;
(B) the Environmental Protection Agency;
(C) the Army Corps of Engineers;
(D) the Department of Commerce, includ-
ing the National Marine Fisheries service (also
known as ‘‘NOAA Fisheries’’);
(E) 
the 
Department 
of 
Agriculture,
including—
(i) the Natural Resources Conserva-
tion Service;
(ii) the Forest Service; and
(F) the Western Area Power Administra-
tion.
(5) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of California.
(6) RECORD OF DECISION.—The term ‘‘Record
of Decision’’ means the Calfed Bay-Delta Program
Record of Decision, dated August 28, 2000.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) STATE.—The term ‘‘State’’ means the State
of California.
(9) STATE AGENCIES.—The term ‘‘State agen-
cies’’ means the California State agencies that are
signatories to Attachment 3 of the Record of Deci-
sion.
(10) WATER YIELD.—The term ‘‘water yield’’
means a new quantity of water in storage that is re-
liably available in critically dry years for beneficial
uses.
SEC. 103. BAY DELTA PROGRAM.
(a) IN GENERAL.—
(1) RECORD OF DECISION AS GENERAL FRAME-
WORK.—The Record of Decision is approved as a
general framework for addressing the Calfed Bay-
Delta Program, including its components relating to
water storage and water yield, ecosystem restoration,
water supply reliability, conveyance, water use effi-
ciency, water quality, water transfers, watersheds,
the Environmental Water Account, levee stability,
governance, and science.
(2) REQUIREMENTS.—In General.— The Sec-
retary and the heads of the Federal agencies are au-
thorized to carry out the activities under this title
consistent with—
(A) the Record of Decision; and
(B) the requirement that Program activi-
ties consisting of protecting drinking water
quality, restoring ecological health, improving
water supply reliability (including additional
storage and conveyance) and water yield, and
protecting Delta levees will progress in a
balanced manner.
(b) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—The Secretary and the heads
of the Federal agencies are authorized to carry out
the activities described in paragraphs (2) through
(5) 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—
(A) subject to environmental review and
approval, as required under applicable Federal
and State law; and
(B) approved and certified by the relevant
Federal agency to be consistent with the Record
of Decision and within the scope of the agency’s
authority under existing law.
(2) MULTIPLE BENEFIT PROJECTS FAVORED.—
In selecting projects and programs for increasing
water yield and water supply, improving water qual-
ity, and enhancing environmental benefits, projects
and programs with multiple benefits shall be empha-
sized.
(3) BALANCE.—The Secretary shall ensure that
all elements of the Calfed Bay-Delta Program need
to be completed and operated cooperatively to main-
tain the balanced progress in all Calfed Bay-Delta
Program areas.
(4) AUTHORIZATIONS FOR FEDERAL AGENCIES
UNDER APPLICABLE LAW.—
(A) SECRETARY OF THE INTERIOR.—The
Secretary of the Interior is authorized to carry
out the activities described in subparagraphs
(A) through (J) of paragraph (5), to the extent
authorized under the reclamation laws, the Cen-
tral 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 Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.), and
other applicable law.
(B) THE ADMINISTRATOR OF THE ENVI-
RONMENTAL
PROTECTION
AGENCY.—The Ad-
ministrator of the Environmental Protection
Agency may carry out the activities described in
subparagraphs (C), (E), (F), (G), (H), and (I)
of paragraph (5), in furtherance of the Calfed
Bay-Delta program, 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
laws in effect on the day before the date of en-
actment of this title.
(C) THE SECRETARY OF THE ARMY.—The
Secretary of the Army may carry out the activi-
ties described in subparagraphs (B), (F), (G),
(H), and (I) of paragraph (5), in furtherance of
the CALFED Bay-Delta Program, to the ex-
tent authorized under flood control, water re-
source development, and other laws in effect on
the day before the date of enactment of this
title.
(D) SECRETARY OF COMMERCE.—The Sec-
retary of Commerce is authorized to carry out
the activities described in subparagraphs (B),
(F), (G), and (I) of paragraph (5), to the ex-
tent authorized under the Fish and Wildlife Co-
ordination Act (16 U.S.C. 661 et seq.), the En-
dangered Species Act of 1973 (16 U.S.C. 1531
et seq.), and other applicable law.
(E) SECRETARY
OF
AGRICULTURE.—The
Secretary of Agriculture is authorized to carry
out the activities described in subparagraphs
(C), (E), (F), (G), (H), and (I) of paragraph
(5), 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 Invest-
ment Act of 2002 (Public Law 107–171; 116
Stat. 134) (including amendments made by that
Act), and other applicable law.
(5) DESCRIPTION OF ACTIVITIES UNDER EXIST-
ING AUTHORIZATIONS.—
(A) 
WATER
STORAGE
AND
WATER
YIELD.—Activities under this subparagraph
consist of—
(i) FEASIBILITY STUDIES AND RESO-
LUTION.—
(I) For purposes of implementing
the Calfed Bay-Delta Program, the
Secretary is authorized to undertake
all necessary planning activities and
feasibility studies required for the de-
velopment of recommendations by the
Secretary to Congress on the con-
struction and implementation of spe-
cific water supply and water yield
projects, and to conduct comprehen-
sive water management planning.
(II) FEASIBILITY
STUDIES
RE-
QUIREMENTS.—All feasibility studies
completed for storage projects as a re-
sult of this section shall include iden-
tification of project benefits and bene-
ficiaries and a cost allocation plan
consistent with the benefits to be re-
ceived, for both governmental and
non-governmental entities.
(III) 
DISAPPROVAL
RESOLU-
TION.—If the Secretary determines a
project to be feasible, and meets the
requirements 
under 
subparagraph
(II), the report shall be submitted to
Congress. If Congress does not pass a
disapproval resolution of the feasi-
bility study during the first 120 days
before Congress (not including days
on which either the House of Rep-
resentatives or the Senate is not in
session because of an adjournment of
more than three calendar days to a
day certain) the project shall be au-
thorized, subject to appropriations.
(ii) WATER
SUPPLY
AND
WATER
YIELD
STUDY.—The 
Secretary, 
acting
through the Bureau of Reclamation and in
consultation with the State, shall conduct a
study of available water supplies and water
yield and existing demand and future
needs for water—
(I) within the units of the Cen-
tral Valley Project;
(II) within the area served by
Central Valley Project agricultural
water service contractors and munic-
ipal and industrial water service con-
tractors; and
(III) within the Bay-Delta solu-
tion area.
(iii) 
RELATIONSHIP
TO
PRIOR
STUDY.—The study under clause (ii) shall
incorporate and revise as necessary the
study required by section 3408(j) of the
Central Valley Project Improvement Act of
1992 (Public Law 102–575).
(iv) MANAGEMENT.—The Secretary
shall conduct activities related to devel-
oping groundwater storage projects to the
extent authorized under existing law.
(v) COMPREHENSIVE
WATER
PLAN-
NING.—The Secretary shall conduct activi-
ties related to comprehensive water man-
agement planning to the extent authorized
under existing law.
(vi) REPORT.—The Secretary shall
submit a report to the congressional au-
thorizing committees by not later than 180
days after the State’s completion of the
updated Bulletin 160 describing the fol-
lowing:
(I) Water yield and water supply
improvements, if any, for Central Val-
ley Project agricultural water service
contractors and municipal and indus-
trial water service contractors, includ-
ing those identified in Bulletin 160.
(II) All water management ac-
tions or projects, including those iden-
tified in Bulletin 160, that would im-
prove water yield or water supply and
that, if taken or constructed, would
balance available water supplies and
existing demand for those contractors
and other water users of the Bay-
Delta watershed with due recognition
of water right priorities and environ-
mental needs.
(III) The financial costs of the
actions and projects described under
clause (II).
(IV) The beneficiaries of those
actions and projects and an assess-
ment of their willingness to pay the
capital costs and operation and main-
tenance costs thereof.
(B) CONVEYANCE.—
(i) SOUTH DELTA ACTIONS.—In the
case of the South Delta, activities under
this clause consist of the following:
(I) The South Delta Improve-
ment Program through actions to ac-
complish the following:
(aa) 
Increase 
the 
State
Water Project export limit to
8,500 cfs.
(bb) Install permanent, op-
erable barriers in the south
Delta. The Federal Agencies
shall cooperate with the State to
accelerate installation of the per-
manent, operable barriers in the
south Delta, with the intent to
complete that installation not
later than the end of fiscal year
2007.
(cc) 
Increase 
the 
State
Water Project export to the max-
imum 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 
improve-
ments.
(IV) Installation and operation of
temporary barriers in the south Delta
until fully operable barriers are con-
structed.
(V) Actions to protect navigation
and local diversions not adequately
protected by temporary barriers.
(VI) Actions to increase pumping
shall be accomplished in a manner
consistent with applicable California
and Federal law protecting—
(aa) deliveries to, costs of,
and water supplies for in-delta
water users, including in-delta
agricultural users that have his-
torically relied on water diverted
for use in the Delta;
(bb) the quality of water for
existing 
municipal, 
industrial,
and agricultural uses;
(cc) water supplies for areas
of origin; and
(dd) Delta dependent native
fish species.
(ii) NORTH DELTA ACTIONS.—In the
case of the North Delta, activities under
this clause consist of—
(I) evaluation and implementa-
tion of improved operational proce-
dures for the Delta Cross Channel to
address fishery and water quality con-
cerns;
(II) evaluation of a screened
through-Delta facility on the Sac-
ramento River; and
(III) 
evaluation 
of 
lower
Mokelumne River floodway improve-
ments.
(iii) INTERTIES.—Activities under this
clause 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; 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.
(iv) PROGRAM
TO
MEET
STAND-
ARDS.—Prior to increasing export limits
from the Delta for the purposes of con-
veying water to south-of-Delta Central Val-
ley Project contractors or increasing deliv-
eries through an intertie, the Secretary
shall, within one year of the date of enact-
ment of this title, in consultation with the
Governor, develop and initiate implementa-
tion of a program to meet all existing
water quality standards and objectives for
which the CVP has responsibility. In devel-
oping and implementing the program the
Secretary shall include, to the maximum
extent feasible, the following:
(I) A recirculation program to
provide flow, reduce salinity con-
centrations in the San Joaquin River,
and reduce the reliance on New
Melones Reservoir for meeting water
quality and fishery flow objectives
through the use of excess capacity in
export pumping and conveyance facili-
ties.
(II) The Secretary shall develop
and implement a best management
practices plan to reduce the impact of
the discharges from wildlife refuges
that receive water from the federal
government and discharge salt or
other constituents into the San Joa-
quin River. Such plan shall be devel-
oped in coordination with interested
parties in the San Joaquin Valley and
the Delta. The Secretary shall also co-
ordinate activities with other entities
that discharge water into the San
Joaquin River to reduce salinity con-
centrations discharged into the River,
(V) The purpose of the authority
and direction provided to the Sec-
retary in clause (iv) is to provide
greater flexibility in meeting the exist-
ing water quality standards and objec-
tives for which the Central Valley
Project has responsibility so as to re-
duce the demand on water from New
Melones Reservoir used for that pur-
pose and to allow the Secretary to
meet with greater frequency the Sec-
retary’s obligations to Central Valley
Project contractors from the New
Melones Project. The Secretary shall
update the New Melones operating
plan to consider, among other things,
the actions outlined in this Act de-
signed to reduce the reliance on new
Melones Reservoir for meeting water
quality and fishery flow objectives and
to insure that operation of New
Melones Reservoir is governed by the
best available science.
(C) WATER
USE
EFFICIENCY.—Activities
under this subparagraph consist of—
(i) water conservation projects that
provide water supply reliability, water
quality,and ecosystem benefits to the Bay-
Delta system;
(ii) technical assistance for urban and
agricultural water conservation projects;
(iii) water recycling and desalination
projects, including groundwater remedi-
ation projects and projects identified in the
Bay Area Water Plan and the Southern
California Comprehensive Water Reclama-
tion and Reuse Study and other projects,
giving priority to projects that include re-
gional solutions to benefit regional water
supply and reliability needs;
(I) The Secretary shall review
any feasibility level studies for sea-
water desalination and regional brine
line projects that have been com-
pleted, whether or not those studies
were prepared with financial assist-
ance from the Secretary.
(II) The Secretary shall report to
the Congress not later than 90 days
after the completion of a feasibility
study or the review of a feasibility
study. For the purposes of this Act,
the Secretary is authorized to provide
assistance for projects as set forth
and pursuant to the existing require-
ments of the Reclamation Wastewater
and Groundwater Study and Facilities
Act (Public Law 102–9575; title 16)
as amended, and Reclamation Recy-
cling and Water Conservation Act of
1996 (Public Law 104–266).
(iv) water measurement and transfer
actions;
(v) implementation of best manage-
ment practices for urban water conserva-
tion; and
(vi) projects identified in the Southern
California Comprehensive Water Reclama-
tion and Reuse Study, dated April 2001
and authorized by section 1606 of the Rec-
lamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h–
4); and the San Francisco Bay Area Re-
gional 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 Rec-
lamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h–
9) are determined to be feasible.
(D) WATER TRANSFERS.—Activities under
this subparagraph consist of—
(i) increasing the availability of exist-
ing facilities for water transfers;
(ii) lowering transaction costs through
regulatory coordination; and
(iii) maintaining a water transfer in-
formation clearinghouse.
(E) INTEGRATED REGIONAL WATER MAN-
AGEMENT
PLANS.—Activities under this sub-
paragraph consist of assisting local and regional
communities in the State in developing and im-
plementing integrated regional water manage-
ment plans to carry out projects and programs
that improve water supply reliability, water
quality, ecosystem restoration, and flood protec-
tion, 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.
(F) ECOSYSTEM RESTORATION.—
(i) ACTIVITIES UNDER THIS SUBPARA-
GRAPH 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 wet-
land 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 pro-
grams that benefit wildlife into the
Ecosystem Restoration Program;
(VI) financial and technical sup-
port for locally-based collaborative
programs to restore habitat while ad-
dressing the concerns of local commu-
nities;
(VII) water quality improvement
projects to manage and reduce con-
centrations of salinity, selenium, mer-
cury, pesticides, trace metals, dis-
solved oxygen, turbidity, sediment,
and other pollutants;
(VIII) land and water acquisi-
tions to improve habitat and fish
spawning and survival in the Delta
and its tributaries;
(IX) integrated flood manage-
ment, ecosystem restoration, and levee
protection projects;
(X) scientific evaluations and tar-
geted research on Program activities;
and
(XI) 
strategic 
planning 
and
tracking of Program performance.
(ii) ANNUAL
ECOSYSTEM
PROGRAM
PLAN.—
(I) Prior to October 1 of each
year, with respect to an ecosystem
restoration action carried out by or
for the Secretary, the Secretary shall
submit an annual ecosystem program
plan report to the appropriate author-
izing and appropriating committees of
the Senate and the House of Rep-
resentatives. The purpose of the re-
port is to describe the projects and
programs to implement the activities
under this subsection in the following
fiscal year, and to establish priorities
for funding in subsequent years. For
the ecosystem program, and each eco-
system 
project 
the 
report 
shall
describe—
(aa) the goals and objec-
tives;
(bb) program accomplish-
ments;
(cc) major activities;
(dd) the administration re-
sponsibilities of land and water
areas and associated environ-
mental resources, in the affected
project area including an ac-
counting of all habitat types.
Cost-share arrangements with co-
operating agencies should be in-
cluded in the report;
(ee) 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 effec-
tiveness and overall trend of eco-
system health in the Bay-Delta
watershed;
(ff) implementation sched-
ules and budgets;
(gg) monitoring programs
and performance measures;
(hh) the status and effec-
tiveness of minimizing and miti-
gating the impacts of the pro-
gram on agricultural lands; and
(ii) a description of expected
benefits of the restoration pro-
gram relative to the cost.
(II) For Federal projects and
programs to be carried out by or for
the Secretary not specifically identi-
fied in the annual program plans the
Secretary, in coordination with the
State, shall submit recommendations
on proposed plans, no later than 45
days prior to approval, to the Senate
Committee on Energy and Natural
Resources, the House Resources Com-
mittee, and the public. The rec-
ommendations shall—
(aa) describe the project se-
lection process, including the
level of public involvement and
independent science review;
(bb) describe the goals, ob-
jectives, 
and 
implementation
schedule of the projects, and the
extent to which the projects ad-
dress regional and programmatic
goals and priorities;
(cc) describe the monitoring
plans and performance measures
that will be used for evaluating
ment plans shall include an over-
view of existing conditions, the
expected ecological benefits, pre-
liminary cost estimates, and im-
plementation schedules;
(dd) identify federal land ac-
quisition in total, by a county by
county basis; and
(ee) provide a finding of
consistency with all applicable
State and Federal law.
(G) WATERSHEDS.—Activities under this
subparagraph consist of—
(i) building local capacity to assess
and manage watersheds affecting the
Calfed Bay-Delta system;
(ii) technical assistance for watershed
assessments and management plans; and
(iii) developing and implementing lo-
cally-based watershed conservation, main-
tenance, and restoration actions.
(H) WATER
QUALITY.—Activities under
this subparagraph consist of—
(i) addressing drainage problems in
the San Joaquin Valley to improve down-
stream water quality (including habitat
restoration projects that reduce drainage
and improve water quality) if—
(I) a plan is in place for moni-
toring downstream water quality im-
provements;
(II) State and local agencies are
consulted on the activities to be fund-
ed; and
(III) except that no right, ben-
efit, or privilege is created as a result
of this clause;
(ii) implementation of source control
programs in the Delta and its tributaries;
(iii) 
developing 
recommendations
through scientific panels and advisory
council processes to meet the Calfed Bay-
Delta Program goal of continuous improve-
ment in Delta water quality for all uses;
(iv) investing in treatment technology
demonstration projects;
(v) controlling runoff into the Cali-
fornia aqueduct, the Delta-Mendota Canal,
and other similar conveyances;
(vi) addressing water quality problems
at the North Bay Aqueduct;
(vii) supporting and participating in
the development of projects to enable San
Francisco 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 aque-
ducts, water transfers, water con-
servation measures, institutional ar-
rangements, and infrastructure im-
provements that encourage regional
approaches; and
(II) investigations and studies of
available capacity in a project to de-
liver 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 used to meet
the objectives of this clause;
(viii) development of water quality ex-
changes and other programs to make high
quality water available for urban and other
users;
(ix) development and implementation
of a plan to meet all water quality stand-
ards for which the Federal and State water
projects have responsibility;
(x) development of recommendations
through technical panels and advisory
council processes to meet the Calfed Bay-
Delta Program goal of continuous improve-
ment in water quality for all uses; and
(xi) projects that may meet the frame-
work of the water quality component of the
Calfed Bay-Delta Program.
(I) SCIENCE.—Activities under this sub-
paragraph consist of—
(i) 
supporting 
establishment 
and
maintenance of an independent science
board, technical panels, and standing
boards to provide oversight and peer review
of the Program;
(ii) conducting expert evaluations and
scientific. assessments of all Program ele-
ments;
(iii) coordinating existing monitoring
and scientific research programs;
(iv) 
developing 
and 
implementing
adaptive management experiments to test,
refine, 
and 
improve 
scientific 
under-
standings;
(v) establishing performance meas-
ures, and monitoring and evaluating the
performance of all Program elements; and
(vi) preparing an annual science re-
port.
(J) DIVERSIFICATION
OF
WATER
SUP-
PLIES.—Activities under this subparagraph con-
sist of actions to diversify sources of level 2 ref-
uge supplies and modes of delivery to refuges
while maintaining the diversity of level 4 sup-
plies pursuant to Central Valley Project Im-
provement Act section 3406(d)(2), Public Law
102–575 (106 Stat. 4723).
(6) NEW AND EXPANDED AUTHORIZATIONS FOR
FEDERAL AGENCIES.—
(A) SECRETARY OF THE INTERIOR.—The
Secretary of the Interior is authorized to carry
out the activities described in subparagraphs
(A) , (B), (C) and (D) of paragraph (7) during
each of fiscal years 2005 through 2008, in co-
ordination with the State of California.
(B) THE ADMINISTRATOR OF THE ENVI-
RONMENTAL
PROTECTION
AGENCY
AND
THE
SECRETARY OF THE ARMY.—The Administrator
of the Environmental Protection Agency and
the Secretary of the Army may carry out activi-
ties described in subparagraph (D) of para-
graph 7 during each of fiscal years 2005
through 2008, in coordination with the State of
California.
(C) THE SECRETARIES OF AGRICULTURE
AND COMMERCE.—The Secretary of Commerce,
and the Department of Agriculture, are author-
ized to carry out the activities described in
paragraph (7)(D) during each of fiscal years
2005 through 2008, in coordination with the
State of California.
(7) DESCRIPTION OF ACTIVITIES UNDER NEW
AND EXPANDED AUTHORIZATIONS.—
(A) CONVEYANCE.—Of the amounts au-
thorized to be appropriated under section 109,
not more than $184,000,000 may be expended
for the following:
(i) Feasibility studies, evaluation, and
implementation of the San Luis Reservoir
lowpoint improvement project and in-
creased capacity of the intertie between the
SWP California Aqueduct and the CVP
Delta Mendota Canal, near the City of
Tracy.
(ii) Feasibility studies and actions at
Franks Tract to improve water quality in
the Delta.
(iii) Feasibility studies and design of
fish screen and intake facilities at Clifton
Court Forebay and the Tracy Pumping
Plant facilities.
(iv) Design and construction of the re-
location of drinking water intake facilities
to delta water users. The Secretary shall
coordinate actions for relocating intake fa-
cilities on a time schedule consistent with
subparagraph (5)(B)(i)(I)(bb) or other ac-
tions necessary to offset the degradation of
drinking water quality in the Delta due to
the South Delta Improvement Program.
(v) In addition to the other authoriza-
tions granted to the Secretary by this title,
the Secretary shall acquire water from will-
ing sellers and undertake other actions de-
signed to decrease releases from New
Melones Reservoir for meeting water qual-
ity standards and flow objectives for which
the Central Valley Project has responsi-
bility in order to meet allocations to Cen-
tral Valley Project contractors from the
New Melones Project. The authorization
under this provision is solely meant to add
flexibility for the Secretary to meet the
Secretary’s obligation to the Central Valley
Project contractors from the New Melones
Project by reducing demand for water
dedicated to meeting water quality stand-
ards in the San Joaquin River. Of the
amounts authorized to be appropriated
under paragraph (7)(A), not more than
$15,260,000 may be expended for this pur-
pose.
(B) ENVIRONMENTAL WATER ACCOUNT.—
Of the amounts authorized to be appropriated
under section 109, not more than $90,000,000
may be expended for implementation of the En-
vironmental Water Account; Provided That
such expenditures shall be considered a non-
reimbursable Federal expenditure.
(C) LEVEE STABILITY.—Of the amounts
authorized to be appropriated under section
109, not more than $90,000,000 may be ex-
pended for—
(i) reconstructing Delta levees to a
base level of protection;
(ii) enhancing the stability of levees
that have particular importance in the sys-
tem through the Delta Levee Special Im-
provement Projects program;
(iii) 
developing 
best 
management
practices to control and reverse land sub-
sidence on Delta islands;
(iv) refining the Delta Emergency
Management Plan;
(v) developing a Delta Risk Manage-
ment Strategy after assessing the con-
sequences of Delta levee failure from
floods, seepage, subsidence, and earth-
quakes;
(vi) developing a strategy for reuse of
dredged materials on Delta islands; and
(vii) evaluating, and where appro-
priate, rehabilitating the Suisun Marsh lev-
ees.
(D) PROGRAM MANAGEMENT, OVERSIGHT,
AND COORDINATION.—Of the amounts author-
ized 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, con-
tracts, or cooperative agreements with agencies
of the State, for—
(i) program support;
(ii) program-wide tracking of sched-
ules, finances, and performance;
(iii) multiagency oversight and coordi-
nation of Program activities to ensure Pro-
gram 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, environ-
mental justice, and public advisory activi-
ties in accordance with the Federal Advi-
sory Committee Act (5 U.S.C. App.); and
(vi) development of Annual Reports.
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 Bay-Delta Program, the Federal agencies shall co-
operate 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
elements such as planning, 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 Pro-
gram are subjected to credible and objective sci-
entific review; and
(2) major decisions are based upon the best
available scientific information.
(d) ENVIRONMENTAL JUSTICE.—The Federal agen-
cies and State agencies, consistent with Executive Order
12898 (59 FR Fed. Reg. 7629), should continue to col-
laborate to—
(1) develop a comprehensive environmental jus-
tice workplan for the Calfed Bay-Delta Program;
and
(2) fulfill the commitment to addressing envi-
ronmental justice challenges referred to in the
Calfed Bay-Delta Program Environmental Justice
Workplan, dated December 13, 2000.
(e) 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
and section 103(b)(5)(F)(ii)(I)(jj).
(f) AGENCIES’ DISCRETION.—This title shall not af-
fect the discretion of any of the Federal agencies or the
State agencies or the authority granted to any of the Fed-
eral agencies or State agencies by any other Federal or
State law.
(g) NO NEW AUTHORITY.—The United States Envi-
ronmental Protection Agency and the United States Army
Corps of Engineers.—
(1) IN GENERAL.—Nothing in this title confers
any new authority, except as provided under section
103(b)(7)(D) to the United States Environmental
Protection Agency and the United States Army
Corps of Engineers.
(2) COORDINATION.—In carrying out activities
identified in the Record of Decision under authori-
ties provided under other provisions of law, the
United States Environmental Protection Agency and
the United States army Corps of Engineers shall co-
ordinate such activities with Federal agencies and
State agencies.
(h) GOVERNANCE.—
(1) IN GENERAL.—In carrying out the Calfed
Bay-Delta Program, the Secretary and the Federal
agency heads may 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.
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 author-
izing 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 Pro-
gram;
(B) sets forth any written determination
resulting from the review required under sub-
section (b); and
(C) includes any revised schedule prepared
under subsection (b).
(2) CONTENTS.—The report required under
paragraph (1) shall describe—
(A) the progress of the Calfed Bay-Delta
Program in meeting the implementation sched-
ule 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, including water
yield;
(ii) 
water 
quality; 
including 
the
progress in achieving the water supply tar-
gets as described in Section 2.2.4 of the
Record of Decision, the environmental
water account requirements as described in
Section 2.2.7, and the water quality tar-
gets as described in Section 2.2.9, and 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;
(viii) water conveyance; and
(ix) water supply reliability;
(E) program goals, current schedules, and
relevant financing agreements;
(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 mile-
stones identified in the Ecosystem Restoration
Program; including progress on project effec-
tiveness, monitoring, and accomplishments;
(H) development and implementation of
local programs for watershed conservation and
restoration;
(I) progress in improving water supply reli-
ability 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 Pol-
lution Control Act (33 U.S.C. 1344(a))) for im-
plementation of projects in all identified Pro-
gram 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 issues;
(O) the status of complementary actions;
(P) the status of mitigation measures;
(Q) revisions to funding commitments and
Program responsibilities; and
(R) a list of all existing authorities, includ-
ing the authorities listed in section 103(b)(4)
provided by the relevant Federal agency, under
which the Secretary or the heads of the Federal
agencies may carry out the purposes of this
title.
(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 Deci-
sion; and
(B) balance in achieving the goals and ob-
jectives of the Calfed Bay-Delta Program.
(2) REVISED SCHEDULE.—If, at the conclusion
of each such annual review or if a timely annual re-
view is not undertaken, the Secretary, or the Gov-
ernor, determine 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 occur-
ring, the Secretary, in coordination with the Gov-
ernor and 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 Record of Decision.
(c) FEASIBILITY STUDIES.—Any feasibility studies
completed as a result of this title shall include identifica-
tion of project benefits and a cost allocation plan con-
sistent with the beneficiaries pay provisions of the Record
of Decision.
SEC. 106. CROSSCUT BUDGET.
(a) IN GENERAL.—The President’s budget shall in-
clude such requests as the President considers necessary
and appropriate for the 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 paragraphs (2) through (5) of
section 103(b).
(c) REPORT.—Not later than 30 days after the sub-
mission of the budget of the President to Congress, the
Director of the Office of Management and Budget, in co-
ordination with the Governor, shall submit to the appro-
priate authorizing and appropriating committees of the
Senate and the House of Representatives a financial re-
port 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 re-
quested 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 (includ-
ing a description of the project, authorization level,
and project status) to be carried out in the upcom-
ing fiscal year with the Federal portion of funds for
activities under section 103(b); and
(4) a listing of all projects to be undertaken in
the upcoming fiscal year with the Federal portion of
funds for activities under section 103(b).
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 2008 in the aggregate, as set forth
in the Record of Decision, shall not exceed 33.3 percent.
(b) 
CALFED
BAY-DELTA
PROGRAM
BENE-
FICIARIES.—The Secretary shall ensure that all bene-
ficiaries, including the environment, shall pay for benefits
received from all projects or activities carried out under
the Calfed Bay-Delta Program. This requirement shall not
be limited to storage and conveyance projects and shall
be implemented so as to encourage 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 appro-
priated 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 abil-
ity to exercise any Federal right to the waters of any
stream or to any ground water resource; and
(5) alters or modified 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 Sec-
retary and the heads of the Federal agencies to pay the
Federal share of the cost of carrying out the new and ex-
panded authorities described in paragraphs (6) and (7)
of section 103(b), $389,000,000 for the period of fiscal
years 2005 through 2008, to remain available until ex-
pended.
TITLE II—SALTON SEA STUDY
PROGRAM
SEC. 201. SALTON SEA STUDY PROGRAM.
(a) IN GENERAL.—The Secretary of the Interior shall
conduct a study to determine the feasibility of reclaiming
the Salton Sea.
(b) REQUIREMENTS.—The study referred to in sub-
section (a) shall consider each of the following:
(1) Appraisal investigations.
(2) Feasibility studies.
(3) Environmental Reports.
(4) Cost sharing responsibilities.
(5) Responsibility for operation and mainte-
nance.
(c) REPORT
TO CONGRESS.—The Secretary shall
submit to Congress the study developed under this section
no later than 1 year after the date of enactment.
Passed the House of Representatives July 9, 2004.
Attest:
Clerk.