II 
Calendar No. 640 
108TH CONGRESS 
2D SESSION 
H. R. 2828 
IN THE SENATE OF THE UNITED STATES 
JULY 12, 2004 
Received 
JULY 16, 2004 
Read twice and placed on the calendar 
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,
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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-
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operative management program established under 
the Record of Decision. 
(4) FEDERAL AGENCIES.—The term ‘‘Federal 
agencies’’ means— 
(A) the Department of the Interior, includ-
ing— 
(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, includ-
ing— 
(i) the Natural Resources Conserva-
tion Service; 
(ii) the Forest Service; and 
(F) the Western Area Power Administra-
tion.
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(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-
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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 bal-
anced 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—
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(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-
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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
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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—
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(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
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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-
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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:
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(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.
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(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
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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;
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(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
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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:
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(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,
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including the timing of discharges to 
optimize their assimilation. 
(III) The acquisition from willing 
sellers of water from streams tribu-
tary to the San Joaquin River or 
other sources to provide flow, dilute 
discharges from wildlife refuges, and 
to improve water quality in the San 
Joaquin River below the confluence of 
the Merced and San Joaquin rivers 
and to reduce the reliance on New 
Melones Reservoir for meeting water 
quality and fishery flow objectives. 
(IV) Use of existing funding 
mechanisms.--In 
implementing 
the 
Program, the Secretary may use 
money collected pursuant to Section 
3407 of the Central Valley Project 
Improvement Act (Public Law 102– 
575; 106 Stat. 4727) to acquire from 
voluntary sellers water from streams 
tributary to the San Joaquin River or 
other sources for the purposes set 
forth in subclauses (I) through (III) 
of clause (iv).
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(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—
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(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
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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
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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
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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
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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
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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.
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(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
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the performance of the proposed 
projects; 
(dd) identify any cost-shar-
ing arrangements with cooper-
ating entities; and 
(ee) identify how the pro-
posed projects will comply with 
all applicable Federal and State 
laws, including the National En-
vironmental Policy Act. 
(III) Projects involving acquisi-
tion of private lands shall be included 
in subsection (I) of the Annual Eco-
system Program Plan. Each project 
identified shall— 
(aa) describe the process 
and timing of notification of in-
terested members of the public 
and local governments; 
(bb) minimize and mitigate 
impacts on agricultural lands; 
(cc) 
include 
preliminary 
management plans for all prop-
erties to be acquired with Federal 
funds. Such preliminary manage-
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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-
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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;
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(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
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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;
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(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
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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:
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(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,
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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
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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
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(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-
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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
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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
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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-
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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;
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(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;
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(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—
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(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 BAL-
ANCE.— 
(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.
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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 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
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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;
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(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.
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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 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.
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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: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 640 
108TH CONGRESS 
2D SESSION 
H. R. 2828 
AN ACT 
To authorize the Secretary of the Interior to imple-
ment water supply technology and infrastructure 
programs aimed at increasing and diversifying 
domestic water resources. 
JULY 16, 2004 
Read twice and placed on the calendar