I
107TH CONGRESS
2D SESSION
H. R. 4657
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2002
Mrs. NAPOLITANO (for herself and Mrs. TAUSCHER) introduced the following
bill; which was referred to the Committee on Resources, and in addition
to the Committee on Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To authorize the Secretary of the Interior to implement
the Calfed Bay-Delta Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Calfed Bay-Delta Au-
thorization Act’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) CALFED BAY-DELTA PROGRAM.—The term
‘‘Calfed Bay-Delta Program’’ means the programs,
projects, complementary actions, and activities un-
dertaken through coordinated planning, implementa-
tion, and assessment activities of the State and Fed-
eral agencies in a manner consistent with the Record
of Decision.
(2) CALFED POLICY GROUP.—The term ‘‘Calfed
Policy Group’’ means a committee of State and Fed-
eral agencies established in the Record of Decision
to oversee the Calfed Bay-Delta Program, or the ap-
propriate successor entity created as part of any per-
manent governing structure pursuant to section
4(d).
(3) ENVIRONMENTAL
WATER
ACCOUNT.—The
term ‘‘Environmental Water Account’’ means the re-
serve of water provided for in the Record of Decision
to provide water, in addition to the amount of the
regulatory baseline, to protect and restore Delta
fisheries.
(4) FEDERAL AGENCIES.—The term ‘‘Federal
agencies’’ means the following:
(A) The Department of the Interior (in-
cluding the Bureau of Reclamation, Fish and
Wildlife Service, Bureau of Land Management,
and United States Geological Survey);
(B) The Environmental Protection Agency;
(C) The Army Corps of Engineers;
(D) The Department of Commerce (includ-
ing the National Marine Fisheries Service);
(E) The Department of Agriculture (in-
cluding the Natural Resources Conservation
Service and the Forest Service); and
(F) The Western Area Power Administra-
tion.
(5) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of California.
(6) 
IMPLEMENTATION
MEMORANDUM.—The
term ‘‘Implementation Memorandum’’ means the
Calfed Bay-Delta Program Implementation Memo-
randum of Understanding dated August 28, 2000,
executed by the Federal agencies and the State
agencies.
(7) RECORD OF DECISION.—The term ‘‘Record
of Decision’’ means the Federal programmatic
Record of Decision dated August 28, 2000, issued
by the Federal agencies and supported by the State.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(9) STAGE 1.—The term ‘‘Stage 1’’ means the
programs and projects planned for the first 7 years
of the Calfed Bay-Delta Program, as specified in the
Record of Decision.
(10) STATE.—The term ‘‘State’’ means the
State of California.
(11) STATE AGENCIES.—The term ‘‘State agen-
cies’’ means the following:
(A) The Resources Agency of California
(including the Department of Water Resources
and the Department of Fish and Game);
(B) The California Environmental Protec-
tion Agency (including the State Water Re-
sources Control Board); and
(C) The California Department of Food
and Agriculture.
SEC. 3. BAY-DELTA PROGRAM.
(a) IN GENERAL.—The Record of Decision is ap-
proved as a framework for addressing Calfed Bay-Delta
Program components consisting of water storage, eco-
system restoration, water supply reliability, conveyance,
water use efficiency, water quality, water transfers, water-
sheds, Environmental Water Account, levee stability, gov-
ernance, and science. The Secretary, working with the
Federal agency heads, as appropriate, shall undertake ac-
tions pursuant to the Record of Decision, subject to the
provisions of this Act, so that the program goals consisting
of: protecting drinking water quality; restoring ecological
health; improving water supply reliability, including water
storage and conveyance; and protecting Delta levees; will
progress in a balanced manner.
(b) AUTHORIZED ACTIONS.—The Secretary is au-
thorized to take such actions, subject to the provisions of
this Act, as may be necessary to implement Stage 1 of
the Record of Decision if the activity has been subject to
environmental review and approval as required under ap-
plicable Federal and State law (including regulations); and
has been certified by the Calfed Policy Group to be con-
sistent with the Record of Decision.
(c) CONSTRUCTION AND ACQUISITION.—Any project
with the Federal share of construction costs in excess of
$10 million to be constructed as part of the Calfed Bay-
Delta Program, including an enlarged Los Vaqueros Res-
ervoir, an enlarged Shasta Dam, and in-Delta storage, and
any acquisition in which the total Federal share is in ex-
cess of $10 million for land or for assets for the Environ-
mental Water Account as part of the Calfed Bay-Delta
Program, shall require specific authorization by an Act of
Congress, in accordance with section 6.
SEC. 4. 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 a federally chartered advisory committee or other
appropriate means, to seek input on program elements
such as planning, design, technical assistance, and devel-
opment 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) GOVERNANCE.—In carrying out the Calfed Bay-
Delta Program, the Secretary and the Federal agency
heads shall undertake their activities in accordance with
the terms of the Implementation Memorandum until such
time as the Implementation Memorandum is replaced by
a permanent governing structure, whereupon the Sec-
retary and agency heads shall undertake their activities
in accordance with the permanent governing structure.
The Secretary and the Federal agency heads shall work
with their State counterparts to develop a permanent gov-
erning structure and shall seek authorization and approval
of the permanent governing structure, as necessary.
SEC. 5. REPORTING REQUIREMENTS.
(a) REPORT AND CERTIFICATION.—The Secretary, in
cooperation with the Governor, shall submit a report of
the Calfed Policy Group by December 15 of each year to
the appropriate authorizing and appropriating Committees
of the Senate and the House of Representatives that de-
scribes the status of implementation of all components of
the Calfed Bay-Delta Program and that certifies that the
Calfed Bay-Delta Program is progressing in a balanced
manner with respect to all program components, including
water supply, ecosystem restoration, and water quality.
The Secretary’s report shall describe—
(1) the progress of the Calfed Bay-Delta Pro-
gram in meeting the implementation schedule for the
Program in a manner consistent with the Record of
Decision;
(2) the status of implementation of all compo-
nents of the Calfed Bay-Delta Program;