tion, effectiveness, monitoring, and accom-
plishment. The report will identify and out-
line the need for amendments or revisions to 
the plan to improve the cost-effectiveness of 
project implementation. 
(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, mainte-
nance, 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 res-
toration 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 funded; 
and 
(III) except that no right, benefit, 
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 coun-
cil processes to meet the Calfed Bay-Delta 
Program goal of continuous improvement 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 aqueducts, 
water transfers, water conservation 
measures, institutional arrangements, 
and infrastructure improvements that 
encourage regional approaches; and 
(II) investigations and studies of 
available capacity in a project to 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 objec-
tives 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 coun-
cil processes to meet the Calfed Bay-Delta 
Program goal of continuous improvement 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) establishing and maintaining 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 measures, 
and monitoring and evaluating the per-
formance 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. 
(6) NEW AND EXPANDED AUTHORIZATIONS FOR 
FEDERAL AGENCIES.—The Secretary and the heads of 
the Federal agencies described in the Record of Deci-
sion are authorized to carry out the activities de-
scribed in paragraph (7) during each of fiscal years 
2005 through 2008, in coordination with the Bay-
Delta Authority. 
(7) DESCRIPTION
OF
ACTIVITIES
UNDER
NEW 
AND EXPANDED AUTHORIZATIONS.—
(A) CONVEYANCE.—Of the amounts author-
ized to be appropriated under section 110, 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. 
(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 co-
ordinate actions for relocating intake facili-
ties on a time schedule consistent with sub-
paragraph (5)(B)(i)(I)(bb) or other actions 
necessary to offset the degradation of drink-
ing 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 quality 
standards and flow objectives for which the 
Central Valley Project has responsibility in 
order to meet allocations to Central Valley 
Project contractors from the New Melones 
Project. Of the amounts authorized to be ap-
propriated under paragraph (7)(A), not
more than $5,260,000 may be expended for 
this purpose. 
(B) ENVIRONMENTAL WATER ACCOUNT.—Of 
the amounts authorized to be appropriated under 
section 110, not more than $90,000,000 may be 
expended for implementation of the Environ-
mental Water Account provided that such ex-
penditures shall be considered a nonreimbursable 
Federal expenditure. In order to reduce the use 
of New Melones reservoir as a source of water to 
meet water quality standards, the Secretary may
use the Environmental Water Account to pur-
chase water to provide flow for fisheries, to im-
prove water quality in the San Joaquin river 
and Delta. 
(C) LEVEE STABILITY.—Of the amounts au-
thorized to be appropriated under section 110, 
not more than $90,000,000 may be expended 
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 prac-
tices to control and reverse land subsidence 
on Delta islands; 
(iv) refining the Delta Emergency 
Plan; 
(v) developing a Delta Risk Manage-
ment Strategy after assessing the con-
sequences of Delta levee failure from floods, 
seepage, subsidence, and earthquakes; 
(vi) developing a strategy for reuse of 
dredged materials on Delta islands; 
(vii) evaluating, and where appro-
priate, rehabilitating the Suisun Marsh lev-
ees; and 
(viii) not more than $2,000,000 may 
be expended for integrated flood manage-
ment, ecosystem restoration, and levee pro-
tection projects, including design and con-
struction of lower San Joaquin River and 
lower Mokelumne River floodway improve-
ments and other projects under the Sac-
ramento-San 
Joaquin 
Comprehensive 
Study. 
(D) PROGRAM
MANAGEMENT, OVERSIGHT, 
AND COORDINATION.—Of the amounts authorized
to be appropriated under section 110, not more 
than $25,000,000 may be expended by the Sec-
retary or the other heads of Federal agencies, ei-
ther directly or through grants, contracts, or co-
operative 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 scientific 
review; and 
(2) major decisions are based upon the best 
available scientific information. 
(d) ENVIRONMENTAL JUSTICE.—The Federal agencies 
and State agencies, consistent with Executive Order 12898 
(59 FR Fed. Reg. 7629), should continue to collaborate to—
(1) develop a comprehensive environmental jus-
tice workplan for the Calfed Bay-Delta Program; and
(2) fulfill the commitment to addressing environ-
mental 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 sec-
tion 103(b)(5)(F)(iii). 
(f) AGENCIES’ DISCRETION.—This title shall not affect 
the discretion of any of the Federal agencies or the State 
agencies or the authority granted to any of the Federal 
agencies or State agencies by any other Federal or State 
law. 
(g) STATUS REPORTS.—The Secretary shall report, 
quarterly to Congress, on the progress in achieving the 
water supply targets as described in Section 2.2.4 of the 
Record of Decision, the environmental water account re-
quirements as described in Section 2.2.7, and the water 
quality targets as described in Section 2.2.9, and any pend-
ing actions that may affect the ability of the Calfed Bay-
Delta Program to achieve those targets and requirements. 
SEC. 105. REPORTING REQUIREMENTS. 
(a) REPORT.—
(1) IN GENERAL.—Not later than February 15 of 
each year, the Secretary, in cooperation with the Gov-
ernor, shall submit to the appropriate authorizing 
and appropriating Committees of the Senate and the 
House of Representatives a report that—
(A) describes the status of implementation 
of all components of the Calfed Bay-Delta Pro-
gram;
(B) sets forth any written determination re-
sulting 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 schedule 
for the Program in a manner consistent with the 
Record of Decision; 
(B) the status of implementation of all com-
ponents 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; 
(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;
(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 Fed-
eral and State permits (including permits under 
section 404(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344(a))) for implemen-
tation of projects in all identified Program 
areas; 
(M) progress in achieving benefits in all ge-
ographic 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; and 
(Q) revisions to funding commitments and 
Program responsibilities. 
(b) ANNUAL REVIEW OF PROGRESS AND BALANCE.—
(1) IN GENERAL.—Not later than November 15 of 
each year, the Secretary, in cooperation with the Gov-
ernor, shall review progress in implementing the 
Calfed Bay-Delta Program based on—
(A) consistency with the Record of Decision; 
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 occurring, 
the Secretary, in coordination with the Governor and 
the Bay-Delta Public Advisory Committee, shall pre-
pare a revised schedule to achieve balanced progress 
in all Calfed Bay-Delta Program elements consistent 
with the the Record of Decision.
(c) FEASIBILITY STUDIES.—Any feasibility studies 
completed as a result of this title shall include identification 
of project benefits and a cost allocation plan consistent with 
the beneficiaries pay provisions of the Record of Decision. 
SEC. 106. CROSSCUT BUDGET. 
(a) IN GENERAL.—The budget of the President shall 
include requests for the appropriate level of funding for each 
of the Federal agencies to carry out the responsibilities of 
the Federal agency 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.—At the time of submission of the budget 
of the President to Congress, the Director of the Office of 
Management and Budget, in coordination with the Gov-
ernor, shall submit to the appropriate authorizing and ap-
propriating committees of the Senate and the House of Rep-
resentatives a financial report certified by the Secretary 
containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including 
any interagency or intra-agency transfer, for 
each of the Federal agencies to carry out the
Calfed Bay-Delta Program for the upcoming fis-
cal year, separately showing funding requested 
under both pre-existing authorities and under 
the new authorities granted by this title; and 
(B) identifies all expenditures since 2000 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 agen-
cies responsible for implementing the Calfed Bay-
Delta Program during the previous fiscal year;
(3) a budget for the proposed projects (including 
a description of the project, authorization level, and 
project status) to be carried out in the upcoming fis-
cal year with the Federal portion of funds for activi-
ties 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 im-
plementing 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 BENEFICIARIES.—
(1) IN
GENERAL.—The Secretary shall ensure 
that all beneficiaries, 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. USE OF EXISTING AUTHORITIES AND FUNDS. 
(a) GENERALLY.—The heads of the Federal agencies 
shall use the authority under existing authorities identified 
by the Secretary to carry out the purposes of this title. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act and annual thereafter, the Sec-
retary, in consultation with the heads of the Federal agen-
cies, shall transmit to Congress a report that describes the 
following: 
(1) A list of all existing authorities, including 
the authorities listed in subsection (a), under which 
the Secretary or the heads of the Federal agencies 
may carry out the purposes of this title. 
(2) A list of funds authorized in the previous fis-
cal year for the authorities listed under paragraph 
(1).
(3) A list of the projects carried out with the 
funds listed in paragraph (2) and the amount of 
funds obligated and expended for each project. 
SEC. 109. 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, whether determined by past or future 
interstate compacts or final judicial allocations; 
(3) preempts or modifies any State or Federal 
law or interstate compact governing water quality or 
disposal; or 
(4) confers on any non-federal entity the ability 
to exercise any Federal right to the waters of any 
stream or to any ground water resource. 
SEC. 110. AUTHORIZATION OF APPROPRIATION. 
There are authorized to be appropriated to the Sec-
retary and the heads of the Federal agencies to pay the Fed-
eral share of the cost of carrying out the new and expanded 
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 expended.
TITLE 
II—ESTABLISHMENT 
OF 
CENTRALIZED 
REGULATORY 
COORDINATION OFFICES 
SEC. 201. ESTABLISHMENT OF OFFICES. 
For projects authorized by this Act and located within 
the State of California, the Secretary shall establish a cen-
tralized office in Sacramento, California, for the use of all 
Federal agencies and State agencies that are or will be in-
volved in issuing permits and preparing environmental 
documentation for such projects. The Secretary may, at the 
request of the Governor of any Reclamation State, establish 
additional centralized offices for the use of all Federal agen-
cies and State agencies that are or will be involved in 
issuing permits and preparing environmental documenta-
tion for projects authorized by this Act, or under any other 
authorized Act, and located within such States. 
SEC. 202. ACCEPTANCE AND EXPENDITURE OF CONTRIBU-
TIONS. 
(a) IN GENERAL.—The Secretary may accept and ex-
pend funds contributed by non-Federal public entities to co-
ordinate the preparation and review of permit applications 
and the preparation of environmental documentation for all 
projects authorized by this Act, or any other authorized Act, 
and to offset the Federal costs of processing such permit ap-
plications and environmental documentation. The Sec-
retary shall allocate funds received under this section 
among Federal agencies with responsibility for the project 
under consideration and shall reimburse those agencies in 
accordance with the costs such agencies incur in processing 
permit applications and preparing environmental docu-
mentation. 
(b) PROTECTION OF IMPARTIAL DECISIONMAKING.—In 
carrying out this section, the Secretary and the heads of 
Federal agencies receiving funds under this section shall en-
sure that the use of the funds accepted under this section 
will not impact impartial decisionmaking with respect to 
the issuance of permits or preparation of environmental 
documentation, either substantively or procedurally, or di-
minish, modify, or otherwise affect the statutory or regu-
latory authorities of such agencies. 
TITLE III—RURAL WATER 
SUPPLY PROGRAM 
SEC. 301. RURAL WATER SUPPLY PROGRAM. 
(a) IN GENERAL.—The Secretary shall conduct a 
study to determine the feasibility of constructing rural 
water systems in coordination with other Federal agencies 
with rural water programs, and in cooperation with non-
Federal project entities. 
(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) CRITERIA.—As part of the study referred to in sub-
section (a), the Secretary shall develop criteria for deter-
mining which projects are eligible for participation in the 
study referred to under this section. 
(d) REPORTS TO CONGRESS.—The Secretary shall sub-
mit to Congress the study developed under this section. 
(e) RECLAMATION STATES.—The program established 
by this section shall be limited to Reclamation States. 
TITLE IV—SALTON SEA STUDY 
PROGRAM 
SEC. 401. SALTON SEA STUDY PROGRAM. 
(a) IN GENERAL.—The Secretary 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 sub-
mit to Congress the study developed under this section no 
later than 1 year after the date of enactment.
Union Calendar No. 335
108TH CONGRESS 
2D SESSION 
H. R. 2828
[Report No. 108–573, Part I] 
A BILL 
To authorize the Secretary of the Interior to imple-
ment water supply technology and infrastructure 
programs aimed at increasing and diversifying 
domestic water resources. 
JUNE 25, 2004
Reported from the Committee on Resources with an 
amendment 
JUNE 25, 2004
Referral to the Committee on Transportation and Infra-
structure extended for a period ending not later than 
June 25, 2004
JUNE 25, 2004
The Committee on Transportation and Infrastructure 
discharged; committed to the Committee of the Whole 
House on the State of the Union, and ordered to be 
printed