In the Senate of the United States,
September 15, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 2828) entitled ‘‘An Act to authorize the Secretary
of the Interior to implement water supply technology and in-
frastructure programs aimed at increasing and diversifying
domestic water resources.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Water Supply, Reliability, and Environmental Improve-
ment Act’’.
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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—CALIFORNIA WATER SECURITY AND ENVIRONMENTAL
ENHANCEMENT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Bay Delta program.
Sec. 104. Management.
Sec. 105. Reporting requirements.
Sec. 106. Crosscut budget.
Sec. 107. Federal share of costs.
Sec. 108. Compliance with State and Federal law.
Sec. 109. Authorization of appropriation.
TITLE II—MISCELLANEOUS
Sec. 201. Salton Sea study program.
Sec. 202. Alder Creek water storage and conservation project feasibility study and
report.
Sec. 203. Folsom Reservoir temperature control device authorization.
TITLE I—CALIFORNIA WATER SE-
CURITY 
AND 
ENVIRON-
MENTAL ENHANCEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Calfed Bay-Delta Au-
thorization 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
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agencies and Federal agencies as set forth in the
Record of Decision.
(2) CALIFORNIA
BAY-DELTA
AUTHORITY.—The
terms ‘‘California Bay-Delta Authority’’ and ‘‘Au-
thority’’ mean the California Bay-Delta Authority, as
set forth in the California Bay-Delta Authority Act
(Cal. Water Code § 79400 et seq.).
(3) DELTA.—The term ‘‘Delta’’ has the meaning
given the term in the Record of Decision.
(4) ENVIRONMENTAL
WATER
ACCOUNT.—The
term ‘‘Environmental Water Account’’ means the Co-
operative Management Program established under the
Record of Decision.
(5) 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;
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(C) the Army Corps of Engineers;
(D) the Department of Commerce, including
the National Marine Fisheries Service (also
known as ‘‘NOAA Fisheries’’);
(E) 
the 
Department 
of 
Agriculture,
including—
(i) the Natural Resources Conservation
Service; and
(ii) the Forest Service; and
(F) the Western Area Power Administra-
tion.
(6) FIRM YIELD.—The term ‘‘firm yield’’ means
a quantity of water from a project or program that
is projected to be available on a reliable basis, given
a specified level of risk, during a critically dry pe-
riod.
(7) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of California.
(8) RECORD OF DECISION.—The term ‘‘Record of
Decision’’ means the Calfed Bay-Delta Program
Record of Decision, dated August 28, 2000.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(10) STATE.—The term ‘‘State’’ means the State
of California.
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(11) STATE AGENCIES.—The term ‘‘State agen-
cies’’ means—
(A) the Resources Agency of California,
including—
(i) the Department of Water Resources;
(ii) the Department of Fish and Game;
(iii) the Reclamation Board;
(iv) the Delta Protection Commission;
(v) the Department of Conservation;
(vi) the San Francisco Bay Conserva-
tion and Development Commission;
(vii) the Department of Parks and
Recreation; and
(viii) the California Bay-Delta Author-
ity;
(B) the California Environmental Protec-
tion Agency, including the State Water Re-
sources Control Board;
(C) the California Department of Food and
Agriculture; and
(D) the Department of Health Services.
SEC. 103. BAY DELTA PROGRAM.
(a) IN GENERAL.—
(1) RECORD OF DECISION AS GENERAL FRAME-
WORK.—The Record of Decision is approved as a gen-
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eral framework for addressing the Calfed Bay-Delta
Program, including its components relating to water
storage, ecosystem restoration, water supply reli-
ability (including new firm yield), conveyance, water
use efficiency, water quality, water transfers, water-
sheds, the Environmental Water Account, levee sta-
bility, governance, and science.
(2) REQUIREMENTS.—
(A) IN GENERAL.—The Secretary and the
heads of the Federal agencies are authorized to
carry out the activities described in subsections
(c) through (f) consistent with—
(i) the Record of Decision;
(ii) the requirement that Program ac-
tivities consisting of protecting drinking
water quality, restoring ecological health,
improving water supply reliability (includ-
ing additional storage, conveyance, and new
firm yield), and protecting Delta levees will
progress in a balanced manner; and
(iii) this title.
(B) MULTIPLE BENEFITS.—In selecting ac-
tivities and projects, the Secretary and the heads
of the Federal agencies shall consider whether the
activities and projects have multiple benefits.
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(b) AUTHORIZED ACTIVITIES.—The Secretary and the
heads of the Federal agencies are authorized to carry out
the activities described in subsections (c) through (f) in fur-
therance 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—
(1) subject to environmental review and ap-
proval, as required under applicable Federal and
State law; and
(2) approved and certified by the relevant Fed-
eral agency, following consultation and coordination
with the Governor, to be consistent with the Record of
Decision.
(c) AUTHORIZATIONS FOR FEDERAL AGENCIES UNDER
APPLICABLE LAW.—
(1) SECRETARY
OF
THE
INTERIOR.—The Sec-
retary of the Interior is authorized to carry out the
activities described in paragraphs (1) through (10) of
subsection (d), to the extent authorized under the rec-
lamation laws, the Central Valley Project Improve-
ment 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 Species Act
of 1973 (16 U.S.C. 1531 et seq.), and other applicable
law.
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(2) ADMINISTRATOR
OF
THE
ENVIRONMENTAL
PROTECTION AGENCY.—The Administrator of the En-
vironmental Protection Agency is authorized to carry
out the activities described in paragraphs (3), (5),
(6), (7), (8), and (9) of subsection (d), 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 applicable law.
(3) SECRETARY OF THE ARMY.—The Secretary of
the Army is authorized to carry out the activities de-
scribed in paragraphs (1), (2), (6), (7), (8), and (9)
of subsection (d), to the extent authorized under flood
control, water resource development, and other appli-
cable law.
(4) SECRETARY OF COMMERCE.—The Secretary
of Commerce is authorized to carry out the activities
described in paragraphs (2), (6), (7), and (9) of sub-
section (d), to the extent authorized under the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et
seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and other applicable law.
(5) SECRETARY
OF
AGRICULTURE.—The Sec-
retary of Agriculture is authorized to carry out the
activities described in paragraphs (3), (5), (6), (7),
(8), and (9) of subsection (d), to the extent authorized
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under title XII of the Food Security Act of 1985 (16
U.S.C. 3801 et seq.), the Farm Security and Rural
Investment Act of 2002 (Public Law 107–171; 116
Stat. 134) (including amendments made by that Act),
and other applicable law.
(d) DESCRIPTION OF ACTIVITIES UNDER APPLICABLE
LAW.—
(1) WATER STORAGE.—
(A) IN
GENERAL.—Activities under this
paragraph consist of—
(i) planning and feasibility studies for
projects to be pursued with project-specific
study for enlargement of—
(I) the Shasta Dam in Shasta
County; and
(II) the Los Vaqueros Reservoir in
Contra Costa County;
(ii) planning and feasibility studies for
the following projects requiring further
consideration—
(I) the Sites Reservoir in Colusa
County; and
(II) the Upper San Joaquin River
storage in Fresno and Madera Coun-
ties;
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(iii) developing and implementing
groundwater management and groundwater
storage projects; and
(iv) comprehensive water management
planning.
(B) STORAGE
PROJECT
AUTHORIZATION
AND BALANCED CALFED IMPLEMENTATION.—
(i) IN GENERAL.—If on completion of
the feasibility study for a project described
in clause (i) or (ii) of subparagraph (A),
the Secretary, in consultation with the Gov-
ernor, determines that the project should be
constructed in whole or in part with Fed-
eral funds, the Secretary shall submit the
feasibility study to Congress.
(ii) FINDING OF IMBALANCE.—If Con-
gress fails to authorize construction of the
project by the end of the next full session
following the submission of the feasibility
study, the Secretary, in consultation with
the Governor, shall prepare a written deter-
mination making a finding of imbalance
for the Calfed Bay-Delta Program.
(iii) REPORT ON REBALANCING.—
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(I) IN GENERAL.—If the Secretary
makes a finding of imbalance for the
Program under clause (ii), the Sec-
retary, in consultation with the Gov-
ernor, shall, not later than 180 days
after the end of the full session de-
scribed in clause (ii), prepare and sub-
mit to Congress a report on the meas-
ures necessary to rebalance the Pro-
gram.
(II) SCHEDULES
AND
ALTER-
NATIVES.—The report shall include
preparation of revised schedules and
identification of alternatives to rebal-
ance the Program, including resubmis-
sion of the project to Congress with or
without modification, construction of
other projects, and construction of
other projects that provide equivalent
water supply and other benefits at
equal or lesser cost.
(C) WATER SUPPLY AND YIELD STUDY.—
(i) IN GENERAL.—The Secretary, act-
ing through the Bureau of Reclamation and
in coordination with the State, shall con-
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duct a study of available water supplies
and existing and future needs for water—
(I) within the units of the Central
Valley Project;
(II) within the area served by
Central Valley Project agricultural,
municipal, and industrial water serv-
ice contractors; and
(III) within the Calfed Delta solu-
tion area.
(ii) RELATIONSHIP TO PRIOR STUDY.—
In conducting the study, the Secretary shall
incorporate and revise, as necessary, the re-
sults of the study required by section
3408(j) of the Central Valley Project Im-
provement Act of 1992 (Public Law 102–
575; 106 Stat. 4730).
(iii) REPORT.—Not later than 1 year
after the date of enactment of this Act, the
Secretary shall submit to the appropriate
authorizing and appropriating committees
of the Senate and the House of Representa-
tives a report describing the results of the
study, including—
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(I) new firm yield and water sup-
ply improvements, if any, for Central
Valley Project agricultural water serv-
ice contractors and municipal and in-
dustrial water service contractors, in-
cluding those identified in Bulletin
160;
(II) all water management ac-
tions or projects, including those iden-
tified in Bulletin 160, that would—
(aa) improve firm yield or
water supply; and
(bb) if taken or constructed,
balance available water supplies
and existing demand with due
recognition of water right prior-
ities and environmental needs;
(III) the financial costs of the ac-
tions and projects described under sub-
clause (II); and
(IV) the beneficiaries of those ac-
tions and projects and an assessment of
the willingness of the beneficiaries to
pay the capital costs and operation
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and maintenance costs of the actions
and projects.
(D) MANAGEMENT.—The Secretary shall
conduct activities related to developing ground-
water storage projects to the extent authorized
under law.
(E) COMPREHENSIVE WATER PLANNING.—
The Secretary shall conduct activities related to
comprehensive water management planning to
the extent authorized under law.
(2) CONVEYANCE.—
(A) SOUTH DELTA ACTIONS.—
(i) IN GENERAL.—In the case of the
South Delta, activities under this subpara-
graph consist of—
(I) the South Delta Improvements
Program through actions to—
(aa) increase the State Water
Project export limit to 8,500 cfs;
(bb) install permanent, oper-
able barriers in the South Delta,
under which Federal agencies
shall cooperate with the State to
accelerate installation of the per-
manent, operable barriers in the
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South Delta, with an intent to
complete that installation not
later than September 30, 2007;
(cc) evaluate, consistent with
the 
Record 
of 
Decision, 
fish
screens and intake facilities at the
Tracy Pumping Plant facilities;
and
(dd) increase the State Water
Project export to the maximum
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 Joa-
quin River floodway improvements;
(IV) installation and operation of
temporary barriers in the South Delta
until fully operable barriers are con-
structed; and
(V) actions to protect navigation
and local diversions not adequately
protected by temporary barriers.
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(ii) ACTIONS TO INCREASE PUMPING.—
Actions to increase pumping shall be accom-
plished in a manner consistent with the
Record of Decision requirement to avoid re-
directed impacts and adverse impacts to
fishery protection and with any applicable
Federal or State law that protects—
(I) water diversions and use (in-
cluding avoidance of increased costs of
diversion) by in-Delta water users (in-
cluding in-Delta agricultural users
that have historically relied on water
diverted for use in the Delta);
(II) water quality for municipal,
industrial, 
agricultural, 
and 
other
uses; and
(III) water supplies for areas of
origin.
(B) NORTH DELTA ACTIONS.—In the case of
the North Delta, activities under this subpara-
graph consist of—
(i) evaluation and implementation of
improved operational procedures for the
Delta Cross Channel to address fishery and
water quality concerns;
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(ii) evaluation of a screened through-
Delta facility on the Sacramento River; and
(iii) evaluation of lower Mokelumne
River floodway improvements.
(C) INTERTIES.—Activities under this sub-
paragraph 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, as an operation and maintenance
activity, except that the Secretary shall de-
sign and construct the intertie in a manner
consistent with a possible future expansion
of the intertie capacity (as described in sub-
section (f)(1)(B)); 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 in-
take of the Forebay.
(D) PROGRAM TO MEET STANDARDS.—
(i) IN GENERAL.—Prior to increasing
export limits from the Delta for the pur-
poses of conveying water to south-of-Delta
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Central Valley Project contractors or in-
creasing deliveries through an intertie, the
Secretary shall, not later than 1 year after
the date of enactment of this Act, in con-
sultation with the Governor, develop and
initiate implementation of a program to
meet all existing water quality standards
and objectives for which the Central Valley
Project has responsibility.
(ii) MEASURES.—In developing and
implementing the program, the Secretary
shall include, to the maximum extent fea-
sible, the measures described in clauses (iii)
through (vii).
(iii) RECIRCULATION
PROGRAM.—The
Secretary shall incorporate into the pro-
gram a recirculation program to provide
flow, reduce salinity concentrations in the
San Joaquin River, and reduce the reliance
on the New Melones Reservoir for meeting
water quality and fishery flow objectives
through the use of excess capacity in export
pumping and conveyance facilities.
(iv) BEST
MANAGEMENT
PRACTICES
PLAN.—
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(I) IN GENERAL.—The Secretary
shall develop and implement, in co-
ordination with the State’s programs
to improve water quality in the San
Joaquin River, a best management
practices plan to reduce the water
quality impacts of the discharges from
wildlife refuges that receive water from
the Federal Government and discharge
salt or other constituents into the San
Joaquin River.
(II) COORDINATION WITH INTER-
ESTED
PARTIES.—The plan shall be
developed in coordination with inter-
ested parties in the San Joaquin Val-
ley and the Delta.
(III) COORDINATION WITH ENTI-
TIES
THAT
DISCHARGE
WATER.—The
Secretary shall also coordinate activi-
ties under this clause with other enti-
ties that discharge water into the San
Joaquin River to reduce salinity con-
centrations discharged into the River,
including the timing of discharges to
optimize their assimilation.
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(v) ACQUISITION OF WATER.—The Sec-
retary shall incorporate into the program
the acquisition from willing sellers of water
from streams tributary to the San Joaquin
River or other sources to provide flow, di-
lute discharges of salt or other constituents,
and to improve water quality in the San
Joaquin River below the confluence of the
Merced and San Joaquin Rivers, and to re-
duce the reliance on New Melones Reservoir
for meeting water quality and fishery flow
objectives.
(vi) PURPOSE.—The purpose of the au-
thority and direction provided to the Sec-
retary under this subparagraph is to pro-
vide greater flexibility in meeting the exist-
ing water quality standards and objectives
for which the Central Valley Project has re-
sponsibility so as to reduce the demand on
water from New Melones Reservoir used for
that purpose and to assist the Secretary in
meeting any obligations to Central Valley
Project contractors from the New Melones
Project.
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(vii) UPDATING OF NEW MELONES OP-
ERATING PLAN.—The Secretary shall update
the New Melones operating plan to take into
account, among other things, the actions de-
scribed in this title that are designed to re-
duce the reliance on New Melones Reservoir
for meeting water quality and fishery flow
objectives, and to ensure that actions to en-
hance fisheries in the Stanislaus River are
based on the best available science.
(3) WATER USE EFFICIENCY.—
(A) WATER CONSERVATION PROJECTS.—Ac-
tivities under this paragraph include water con-
servation projects that provide water supply reli-
ability, water quality, and ecosystem benefits to
the California Bay-Delta system.
(B) 
TECHNICAL
ASSISTANCE.—Activities
under this paragraph include technical assist-
ance for urban and agricultural water conserva-
tion projects.
(C) WATER RECYCLING AND DESALINATION
PROJECTS.—Activities under this paragraph in-
clude water recycling and desalination projects,
including groundwater remediation projects and
projects identified in the Bay Area Water Plan
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and the Southern California Comprehensive
Water Reclamation and Reuse Study and other
projects, giving priority to projects that include
regional solutions to benefit regional water sup-
ply and reliability needs.
(D) WATER MEASUREMENT AND TRANSFER
ACTIONS.—Activities under this paragraph in-
clude water measurement and transfer actions.
(E) URBAN WATER CONSERVATION.—Activi-
ties under this paragraph include implementa-
tion of best management practices for urban
water conservation.
(F) 
RECLAMATION
AND
RECYCLING
PROJECTS.—
(i) 
PROJECTS.—This 
subparagraph
applies to—
(I) projects identified in the
Southern 
California 
Comprehensive
Water Reclamation and Reuse Study,
dated April 2001 and authorized by
section 1606 of the Reclamation Waste-
water and Groundwater Study and
Facilities Act (43 U.S.C. 390h–4); and
(II) projects identified in the San
Francisco Bay Area Regional Water
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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 
Reclamation 
Wastewater 
and
Groundwater Study and Facilities Act
(43 U.S.C. 390h–9).
(ii) DEADLINE.—Not later than 180
days after the date of enactment of this Act,
the Secretary shall—
(I) complete the review of the ex-
isting studies of the projects described
in clause (i); and
(II) make the feasibility deter-
minations described in clause (iii).
(iii) FEASIBILITY DETERMINATIONS.—
A project described in clause (i) is presumed
to be feasible if the Secretary determines for
the project—
(I) in consultation with the af-
fected local sponsoring agency and the
State, that the existing planning and
environmental studies for the project
(together with supporting materials
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and documentation) have been pre-
pared consistent with Bureau of Rec-
lamation procedures for projects under
consideration for financial assistance
under the Reclamation Wastewater
and Groundwater Study and Facilities
Act (43 U.S.C. 390h et seq.); and
(II) that the planning and envi-
ronmental studies for the project (to-
gether with supporting materials and
documentation) demonstrate that the
project will contribute to the goals of
improving water supply reliability in
the Calfed solution area or the Colo-
rado River Basin within the State and
otherwise meets the requirements of sec-
tion 1604 of the Reclamation Waste-
water and Groundwater Study and
Facilities Act (43 U.S.C. 390h–2).
(iv) REPORT.—Not later than 90 days
after the date of completion of a feasibility
study or the review of a feasibility study
under this subparagraph, the Secretary
shall submit to the appropriate authorizing
and appropriating committees of the Senate
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and the House of Representatives a report
describing the results of the study or review.
(4) WATER TRANSFERS.—Activities under this
paragraph consist of—
(A) increasing the availability of existing
facilities for water transfers;
(B) lowering transaction costs through per-
mit streamlining; and
(C) maintaining a water transfer informa-
tion clearinghouse.
(5) INTEGRATED REGIONAL WATER MANAGEMENT
PLANS.—Activities under this paragraph consist of
assisting local and regional communities in the State
in developing and implementing integrated regional
water management 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 signifi-
cant contribution to, the Calfed Bay-Delta Program.
(6) ECOSYSTEM RESTORATION.—
(A) IN
GENERAL.—Activities under this
paragraph consist of—
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(i) implementation of large-scale res-
toration 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 wetland and ripar-
ian habitat;
(iii) fish screen and fish passage im-
provement projects, including the Sac-
ramento River Small Diversion Fish Screen
Program;
(iv) implementation of an invasive
species program, including prevention, con-
trol, and eradication;
(v) development and integration of
Federal and State agricultural programs
that benefit wildlife into the Ecosystem Res-
toration Program;
(vi) financial and technical support for
locally-based collaborative programs to re-
store habitat while addressing the concerns
of local communities;
(vii) 
water 
quality 
improvement
projects to manage or reduce concentrations
of salinity, selenium, mercury, pesticides,
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trace metals, dissolved oxygen, turbidity,
sediment, and other pollutants;
(viii) land and water acquisitions to
improve habitat and fish spawning and
survival in the Delta and its tributaries;
(ix) integrated flood management, eco-
system restoration, and levee protection
projects;
(x) scientific evaluations and targeted
research on Program activities; and
(xi) strategic planning and tracking of
Program performance.
(B) REPORTING REQUIREMENTS.—The Sec-
retary or the head of the relevant Federal agency
(as appropriate under clause (ii)) shall provide
to the appropriate authorizing committees of the
Senate and the House of Representatives and
other appropriate parties in accordance with
this subparagraph—
(i) an annual ecosystem program plan
report in accordance with subparagraph
(C); and
(ii) detailed project reports in accord-
ance with subparagraph (D).
(C) ANNUAL ECOSYSTEM PROGRAM PLAN.—
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(i) IN GENERAL.—Not later than Octo-
ber 1 of each year, with respect to each eco-
system restoration action carried out using
Federal funds under this title, the Sec-
retary, in consultation with the Governor,
shall submit to the appropriate authorizing
committees of the Senate and the House of
Representatives an annual ecosystem pro-
gram plan report.
(ii) PURPOSES.—The purposes of the
report are—
(I) to describe the projects and
programs to implement this subsection
in the following fiscal year; and
(II) to establish priorities for
funding the projects and programs for
subsequent fiscal years.
(iii) CONTENTS.—The report shall
describe—
(I) the goals and objectives of the
programs and projects;
(II) program accomplishments;
(III) major activities of the pro-
grams;
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(IV) the Federal agencies involved
in each project or program identified
in the plan and the cost-share arrange-
ments with cooperating agencies;
(V) the resource data and ecologi-
cal monitoring data to be collected for
the restoration projects and how the
data are to be integrated, streamlined,
and designed to measure the effective-
ness and overall trend of ecosystem
health in the Bay-Delta watershed;
(VI) 
implementation 
schedules
and budgets;
(VII) existing monitoring pro-
grams and performance measures;
(VIII) the status and effectiveness
of measures to minimize the impacts of
the program on agricultural land; and
(IX) a description of expected ben-
efits of the restoration program relative
to the cost.
(iv) SPECIAL RULE FOR LAND ACQUISI-
TION
USING
FEDERAL
FUNDS.—For each
ecosystem restoration project involving land
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acquisition using Federal funds under this
title, the Secretary shall—
(I) identify the specific parcels to
be acquired in the annual ecosystem
program plan report under this sub-
paragraph; or
(II) not later than 150 days before
the project is approved, provide to the
appropriate authorizing committees of
the Senate and the House of Represent-
atives, the United States Senators from
the State, and the United States Rep-
resentative whose district would be af-
fected, notice of any such proposed
land acquisition using Federal funds
under this title submitted to the Fed-
eral or State agency.
(D) DETAILED PROJECT REPORTS.—
(i) IN GENERAL.—In the case of each
ecosystem restoration program or project
funded under this title that is not specifi-
cally identified in an annual ecosystem pro-
gram plan under subparagraph (C), not
later than 45 days prior to approval, the
Secretary, in coordination with the State,
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shall submit to the appropriate authorizing
committees of the Senate and the House of
Representatives recommendations on the
proposed program or project.
(ii) CONTENTS.—The recommendations
shall—
(I) describe the selection of the
program or project, including the level
of public involvement and independent
science review;
(II) describe the goals, objectives,
and implementation schedule of the
program or project, and the extent to
which the program or project addresses
regional and programmatic goals and
priorities;
(III) 
describe 
the 
monitoring
plans and performance measures that
will be used for evaluating the per-
formance of the proposed program or
project;
(IV) identify any cost-sharing ar-
rangements with cooperating entities;
(V) identify how the proposed pro-
gram or project will comply with all
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applicable Federal and State laws, in-
cluding the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(VI) in the case of any program
or project involving the acquisition of
private land using Federal funds
under this title—
(aa) describe the process and
timing of notification of interested
members of the public and local
governments;
(bb) describe the measures
taken to minimize impacts on ag-
ricultural land pursuant to the
Record of Decision; and
(cc) 
include 
preliminary
management plans for all prop-
erties to be acquired with Federal
funds, including an overview of
existing 
conditions 
(including
habitat types in the affected
project area), the expected ecologi-
cal benefits, preliminary cost esti-
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mates, and implementation sched-
ules.
(7) WATERSHEDS.—Activities under this para-
graph consist of—
(A) building local capacity to assess and
manage watersheds affecting the Delta system;
(B) technical assistance for watershed as-
sessments and management plans; and
(C) developing and implementing locally-
based watershed conservation, maintenance, and
restoration actions.
(8) WATER
QUALITY.—Activities under this
paragraph consist of—
(A) addressing drainage problems in the
San Joaquin Valley to improve downstream
water quality (including habitat restoration
projects that improve water quality) if—
(i) a plan is in place for monitoring
downstream water quality improvements;
and
(ii) State and local agencies are con-
sulted on the activities to be funded;
except that no right, benefit, or privilege is cre-
ated as a result of this subparagraph;
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(B) implementation of source control pro-
grams in the Delta and its tributaries;
(C) developing recommendations through
scientific panels and advisory council processes
to meet the Calfed Bay-Delta Program goal of
continuous improvement in Delta water quality
for all uses;
(D) investing in treatment technology dem-
onstration projects;
(E) controlling runoff into the California
aqueduct, the Delta-Mendota Canal, and other
similar conveyances;
(F) addressing water quality problems at
the North Bay Aqueduct;
(G) supporting and participating in the de-
velopment of projects to enable San Francisco
Bay 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 meas-
ures, institutional arrangements, and infra-
structure improvements that encourage re-
gional approaches; and
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(ii) investigations and studies of avail-
able capacity in a project to deliver water
to the East Bay Municipal Utility District
under its contract with the Bureau of Rec-
lamation, dated July 20, 2001, in order to
determine if such capacity can be utilized to
meet the objectives of this subparagraph;
(H) development of water quality exchanges
and other programs to make high quality water
available for urban and other users;
(I) development and implementation of a
plan to meet all Delta water quality standards
for which the Federal and State water projects
have responsibility;
(J) 
development 
of 
recommendations
through science panels and advisory council
processes to meet the Calfed Bay-Delta Program
goal of continuous improvement in water quality
for all uses; and
(K) projects that are consistent with the
framework of the water quality component of the
Calfed Bay-Delta Program.
(9) SCIENCE.—Activities under this paragraph
consist of—
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(A) supporting establishment and mainte-
nance of an independent science board, technical
panels, and standing boards to provide oversight
and peer review of the Program;
(B) conducting expert evaluations and sci-
entific assessments of all Program elements;
(C) coordinating existing monitoring and
scientific research programs;
(D) developing and implementing adaptive
management experiments to test, refine, and im-
prove scientific understandings;
(E) establishing performance measures, and
monitoring and evaluating the performance of
all Program elements; and
(F) preparing an annual science report.
(10) DIVERSIFICATION OF WATER SUPPLIES.—
Activities under this paragraph consist of actions to
diversify sources of level 2 refuge supplies and modes
of delivery to refuges while maintaining the diversity
of level 4 supplies pursuant to section 3406(d)(2) of
the Central Valley Project Improvement Act (Public
Law 102–575; 106 Stat. 4723).
(e) NEW AND EXPANDED AUTHORIZATIONS FOR FED-
ERAL AGENCIES.—
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(1) IN
GENERAL.—The heads of the Federal
agencies described in this subsection are authorized to
carry out the activities described in subsection (f)
during each of fiscal years 2005 through 2010, in co-
ordination with the Governor.
(2) SECRETARY
OF
THE
INTERIOR.—The Sec-
retary of the Interior is authorized to carry out the
activities described in paragraphs (1), (2), and (4) of
subsection (f).
(3) ADMINISTRATOR
OF
THE
ENVIRONMENTAL
PROTECTION AGENCY AND THE SECRETARIES OF AG-
RICULTURE AND COMMERCE.—The Administrator of
the Environmental Protection Agency, the Secretary
of Agriculture, and the Secretary of Commerce are
authorized to carry out the activities described in sub-
section (f)(4).
(4) SECRETARY OF THE ARMY.—The Secretary of
the Army is authorized to carry out the activities de-
scribed in paragraphs (3) and (4) of subsection (f).
(f) DESCRIPTION OF ACTIVITIES UNDER NEW AND EX-
PANDED AUTHORIZATIONS.—
(1) CONVEYANCE.—Of the amounts authorized to
be appropriated under section 109, not more than
$184,000,000 may be expended for the following:
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(A) SAN LUIS RESERVOIR.—Funds may be
expended for feasibility studies, evaluation, and
implementation of the San Luis Reservoir
lowpoint improvement project, except that Fed-
eral participation in any construction of an ex-
panded Pacheco Reservoir shall be subject to fu-
ture congressional authorization.
(B) INTERTIE.—Funds may be expended for
feasibility studies and evaluation of increased
capacity of the intertie between the State Water
Project California Aqueduct and the Central Val-
ley Project Delta Mendota Canal.
(C) FRANKS
TRACT.—Funds may be ex-
pended for feasibility studies and actions at
Franks Tract to improve water quality in the
Delta.
(D) CLIFTON
COURT
FOREBAY
AND
THE
TRACY
PUMPING
PLANT.—Funds may be ex-
pended for feasibility studies and design of fish
screen and intake facilities at Clifton Court
Forebay and the Tracy Pumping Plant facilities.
(E) DRINKING
WATER
INTAKE
FACILI-
TIES.—
(i) IN GENERAL.—Funds may be ex-
pended for design and construction of the
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relocation of drinking water intake facilities
to in-Delta water users.
(ii) DRINKING WATER QUALITY.—The
Secretary shall coordinate actions for relo-
cating intake facilities on a time schedule
consistent 
with 
subsection
(d)(2)(A)(i)(I)(bb) or take other actions nec-
essary to offset the degradation of drinking
water quality in the Delta due to the South
Delta Improvement Program.
(F) NEW MELONES RESERVOIR.—
(i) IN GENERAL.—In addition to the
other authorizations granted to the Sec-
retary by this title, the Secretary shall ac-
quire water from willing sellers and under-
take other actions designed to decrease re-
leases from the New Melones Reservoir for
meeting water quality standards and flow
objectives for which the Central Valley
Project has responsibility to assist in meet-
ing allocations to Central Valley Project
contractors from the New Melones Project.
(ii) 
PURPOSE.—The 
authorization
under this subparagraph is solely meant to
add flexibility for the Secretary to meet any
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obligations of the Secretary to the Central
Valley Project contractors from the New
Melones Project by reducing demand for
water dedicated to meeting water quality
standards in the San Joaquin River.
(iii) FUNDING.—Of the amounts au-
thorized to be appropriated under section
109, not more than $30,000,000 may be ex-
pended to carry out clause (i).
(G) RECIRCULATION OF EXPORT WATER.—
Funds may be used to conduct feasibility studies,
evaluate, and, if feasible, implement the recir-
culation of export water to reduce salinity and
improve dissolved oxygen in the San Joaquin
River.
(2) ENVIRONMENTAL WATER ACCOUNT.—
(A) IN GENERAL.—Of the amounts author-
ized to be appropriated under section 109, not
more than $90,000,000 may be expended for im-
plementation of the Environmental Water Ac-
count.
(B) NONREIMBURSABLE FEDERAL EXPENDI-
TURE.—Expenditures under subparagraph (A)
shall be considered a nonreimbursable Federal
expenditure in recognition of the payments of the
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contractors of the Central Valley Project to the
Restoration Fund created by the Central Valley
Project Improvement Act (Title XXXIV of Public
Law 102–575; 106 Stat. 4706).
(C) USE OF RESTORATION FUND.—
(i) IN GENERAL.—Of the amounts ap-
propriated for the Restoration Fund for
each fiscal year, an amount not to exceed
$10,000,000 for any fiscal year may be used
to implement the Environmental Water Ac-
count to the extent those actions are con-
sistent with the fish and wildlife habitat
restoration and improvement purposes of
the Central Valley Project Improvement Act.
(ii) ACCOUNTING.—Any such use of the
Restoration Fund shall count toward the 33
percent of funds made available to the Res-
toration Fund that, pursuant to section
3407(a) of the Central Valley Project Im-
provement Act, are otherwise authorized to
be appropriated to the Secretary to carry
out paragraphs (4) through (6), (10)
through (18), and (20) through (22) of sec-
tion 3406(b) of that Act.
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(iii) 
FEDERAL
FUNDING.—The
$10,000,000 limitation on the use of the
Restoration Fund for the Environmental
Water Account under clause (i) does not
limit the appropriate amount of Federal
funding for the Environmental Water Ac-
count.
(3) LEVEE STABILITY.—
(A) IN GENERAL.—For purposes of imple-
menting the Calfed Bay-Delta Program within
the Delta (as defined in Cal. Water Code §
12220)), the Secretary of the Army is authorized
to undertake the construction and implementa-
tion of levee stability programs or projects for
such purposes as flood control, ecosystem restora-
tion, water supply, water conveyance, and water
quality objectives.
(B) REPORT.—Not later than 180 days
after the date of enactment of this Act, the Sec-
retary of the Army shall submit to the appro-
priate authorizing and appropriating commit-
tees of the Senate and the House of Representa-
tives a report that describes the levee stability re-
construction projects and priorities that will be
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carried out under this title during each of fiscal
years 2005 through 2010.
(C) SMALL FLOOD CONTROL PROJECTS.—
Notwithstanding the project purpose, the author-
ity granted under section 205 of the Flood Con-
trol Act of 1948 (33 U.S.C. 701s) shall apply to
each project authorized under this paragraph.
(D) PROJECTS.—Of the amounts authorized
to be appropriated under section 109, not more
than $90,000,000 may be expended to—
(i) reconstruct Delta levees to a base
level of protection (also known as the ‘‘Pub-
lic Law 84–99 standard’’);
(ii) enhance the stability of levees that
have particular importance in the system
through the Delta Levee Special Improve-
ment Projects Program;
(iii) develop best management practices
to control and reverse land subsidence on
Delta islands;
(iv) develop a Delta Levee Emergency
Management and Response Plan that will
enhance the ability of Federal, State, and
local agencies to rapidly respond to levee
emergencies;
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(v) develop a Delta Risk Management
Strategy after assessing the consequences of
Delta levee failure from floods, seepage, sub-
sidence, and earthquakes;
(vi) reconstruct Delta levees using, to
the maximum extent practicable, dredged
materials from the Sacramento River, the
San Joaquin River, and the San Francisco
Bay in reconstructing Delta levees;
(vii) coordinate Delta levee projects
with flood management, ecosystem restora-
tion, and levee protection projects of the
lower San Joaquin River and lower
Mokelumne River floodway improvements
and other projects under the Sacramento-
San Joaquin Comprehensive Study; and
(viii) evaluate and, if appropriate, re-
habilitate the Suisun Marsh levees.
(4) PROGRAM
MANAGEMENT, OVERSIGHT, AND
COORDINATION.—
(A) IN GENERAL.—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, contracts, or
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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.
(B) PROGRAM-WIDE
ACTIVITIES.—Of the
amount referred to in subparagraph (A), not less
than 50 percent of the appropriated amount
shall be provided to the California Bay-Delta
Authority to carry out Program-wide manage-
ment, oversight, and coordination activities.
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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
planning and 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) GOVERNANCE.—
(1) IN GENERAL.—In carrying out the Calfed
Bay-Delta Program, the Secretary and the Federal
agency heads are authorized to participate as non-
voting members of the California Bay-Delta Author-
ity, as established in the California Bay-Delta Au-
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thority Act (Cal. Water Code § 79400 et seq.), to the
extent consistent with Federal law, for the full dura-
tion of the period the Authority continues to be au-
thorized by State law.
(2) RELATIONSHIP TO FEDERAL LAW AND AGEN-
CIES.—Nothing in this subsection shall preempt or
otherwise affect any Federal law or limit the statu-
tory authority of any Federal agency.
(3) CALIFORNIA BAY-DELTA AUTHORITY.—
(A) ADVISORY COMMITTEE.—The California
Bay-Delta Authority shall not be considered an
advisory committee within the meaning of the
Federal Advisory Committee Act (5 U.S.C.
App.).
(B) FINANCIAL
INTEREST.—The financial
interests of the California Bay-Delta Authority
shall not be imputed to any Federal official par-
ticipating in the Authority.
(C) ETHICS REQUIREMENTS.—A Federal of-
ficial participating in the California Bay-Delta
Authority shall remain subject to Federal finan-
cial disclosure and conflict of interest laws and
shall not be subject to State financial disclosure
and conflict of interest laws.
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(e) ENVIRONMENTAL JUSTICE.—The Federal agencies,
consistent with Executive Order 12898 (59 Fed. Reg. 7629),
should continue to collaborate with State agencies 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.
(f) 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.
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;
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(B) sets forth any written determination re-
sulting from the review required under sub-
section (b) or section 103(d)(1)(B); and
(C) includes any revised schedule prepared
under 
subsection 
(b) 
or 
section
103(d)(1)(B)(iii)(II).
(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;
(ii) water quality, including—
(I) the water quality targets de-
scribed in section 2.2.9 of the Record of
Decision; and
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section 103 by not later than September 30,
2008;
(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 effective-
ness, 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 Fed-
eral and State permits (including permits under
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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;
(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.
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(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 Governor
determines in writing that either the Program imple-
mentation 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 and the Governor, in coordination with 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 intent of 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 President’s budget shall in-
clude such requests as the President considers necessary and
appropriate for the appropriate 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,
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in accordance with subsections (b) through (f) of section
103.
(c) REPORT.—Not later than 30 days after submission
of the budget of the President to Congress, the Director of
the Office of Management and Budget, in coordination with
the Governor, shall submit to the appropriate authorizing
and appropriating committees of the Senate and the House
of Representatives a financial report certified by the Sec-
retary 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 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 agen-
cies responsible for implementing the Calfed Bay-
Delta Program during the previous fiscal year;
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(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 subsections (b) through (f) of section 103;
and
(4) a listing of all projects to be undertaken in
the upcoming fiscal year with the Federal portion of
funds for activities under subsections (b) through (f)
of section 103.
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 2010 in the aggregate, as set forth in the
Record of Decision, shall not exceed 33.3 percent.
(b) PAYMENT FOR BENEFITS.—The Secretary shall en-
sure that all beneficiaries, including beneficiaries of envi-
ronmental restoration and other Calfed program elements,
shall pay for the benefit received from all projects or activi-
ties carried out under the Calfed Bay-Delta Program.
(c) INTEGRATED RESOURCE PLANNING.—Federal ex-
penditures for the Calfed Bay-Delta Program shall be im-
plemented in a manner that encourages integrated resource
planning.
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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 ability
to exercise any Federal right to the waters of any
stream or to any ground water resource; or
(5) alters or modifies 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 Fed-
eral share of the cost of carrying out the new and expanded
authorities described in subsections (e) and (f) of section
103 $389,000,000 for the period of fiscal years 2005 through
2010, to remain available until expended.