I
107TH CONGRESS
1ST SESSION
H. R. 2404
To authorize Federal agency participation and financial assistance for pro-
grams and for infrastructure improvements for the purposes of increasing
deliverable water supplies, conserving water and energy, restoring eco-
systems, and enhancing environmental quality in the State of California,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. GEORGE MILLER of California (for himself, Mr. LANTOS, Ms. ESHOO, Ms.
PELOSI, Mr. BACA, Mr. FILNER, and Ms. SANCHEZ) introduced the fol-
lowing bill; which was referred to the Committee on Resources
A BILL
To authorize Federal agency participation and financial as-
sistance for programs and for infrastructure improve-
ments for the purposes of increasing deliverable water
supplies, conserving water and energy, restoring eco-
systems, and enhancing environmental quality in the
State of California, and for other purposes.
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 ‘‘California Water Qual-
ity and Reliability Act of 2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—BAY-DELTA PROGRAM
Sec. 101. Extension of authorization.
Sec. 102. Department of the Interior participation in Bay-Delta Program.
Sec. 103. Bay-Delta Program governance.
Sec. 104. General authorization of appropriations.
Sec. 105. Program reporting, oversight, and accountability.
TITLE II—WATER SUPPLY
Sec. 201. California water supply program.
Sec. 202. Surface water storage feasibility and environmental studies.
Sec. 203. Water recycling and water reuse projects and water desalination dem-
onstration projects.
Sec. 204. Groundwater banking demonstration projects.
Sec. 205. Authorization of appropriations.
TITLE III—ENVIRONMENTAL RESTORATION PROGRAM
Sec. 301. Requirement to carry out program.
Sec. 302. Performance objectives for fish and wildlife.
Sec. 303. Funding.
Sec. 304. Timing of water exports from Sacramento-San Joaquin Delta.
Sec. 305. Authorization of appropriations.
SEC. 3. DEFINITIONS.
In this Act:
(1) BAY-DELTA
PROGRAM.—The term ‘‘Bay-
Delta Program’’ means the programs, projects, and
activities described in the Record of Decision.
(2) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of California.
(3) PROGRAM.—The term ‘‘Program’’ means
the California Water Supply Program under section
201.
(4) RECORD OF DECISION.—The term ‘‘Record
of Decision’’ means the Federal Record of Decision
dated August 28, 2000, relating to the Bay-Delta
Program, issued under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STAGE
1.—The term ‘‘Stage 1’’ means
Stage 1 of the Bay-Delta Program as that term is
defined and used in the Record of Decision.
(7) STATE.—The term ‘‘State’’ means the State
of California and the departments and agencies of
the State that participate in the Bay-Delta Program.
TITLE I—BAY-DELTA PROGRAM
SEC. 101. EXTENSION OF AUTHORIZATION.
Section 1101(a) of Division I of the Omnibus Parks
and Public Lands Management Act of 1996 (Public Law
104–333; 110 Stat. 4241) is amended in the first sentence
by striking ‘‘For each of the fiscal years 1998, 1999, and
2000 there are authorized to be appropriated an addi-
tional $143,300,000’’ and inserting ‘‘For fiscal years 1998
through 2006, there are authorized to be appropriated a
total of $429,900,000 (including amounts appropriated
before the date of the enactment of the California Water
Quality and Reliability Act of 2001)’’.
SEC. 102. DEPARTMENT OF THE INTERIOR PARTICIPATION
IN BAY-DELTA PROGRAM.
The Secretary may—
(1) participate in the governance and adminis-
tration of the Bay-Delta Program as provided in the
Record of Decision, except as otherwise provided in
this Act; and
(2) perform all actions necessary to implement
Stage 1 of the Bay-Delta Program Record of Deci-
sion, within the limitations and approval require-
ments set forth in this Act.
SEC. 103. BAY-DELTA PROGRAM GOVERNANCE.
(a) COMPLIANCE WITH IMPLEMENTATION MOU.—
The Secretary shall implement the Record of Decision in
accordance with the terms of Attachment 3 to the Record
of Decision entitled, ‘‘Implementation Memorandum of
Understanding’’, and dated August 28, 2000, until other-
wise provided by law.
(b) PROPOSAL FOR LONG-TERM GOVERNANCE.—The
Secretary shall, no later than June 1, 2002, and in con-
sultation with other Federal agencies, develop jointly with
the State of California and submit to the Congress a pro-
posal for long-term governance of the Bay-Delta Program.
SEC. 104. GENERAL AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—For activities required to be con-
ducted by Federal agencies under the Record of Decision
that are not expressly authorized by this Act and the
amendments made by this Act, there are authorized to be
appropriated to the Secretary $100,000,000 for each of
fiscal years 2002 through 2006.
(b) TRANSFERS.—The Secretary shall transfer to a
Federal official responsible for conducting an activity
under the Record of Decision any amounts appropriated
under this section for such activity.
SEC. 105. PROGRAM REPORTING, OVERSIGHT, AND AC-
COUNTABILITY.
(a) REPORT.—Beginning on February 15, 2002, and
annually on that date thereafter through 2007, the Sec-
retary, in consultation with the Director of the Office of
Management and Budget, other Federal agencies, the
Governor, and the State, and other interested persons,
shall submit to the Congress a report that describes the
status of implementation of all elements of the Bay-Delta
Program as described in the Record of Decision.
(b) CONTENTS.—Each report shall contain—
(1) a detailed description of all funds available
to State and Federal agencies for the Bay-Delta
Program in the previous fiscal year, including a de-
scription of and status report for all projects and ac-
tivities funded under this Act and other Acts per-
taining to implementation of the Record of Decision
in that fiscal year; and
(2) a detailed interagency budget report that
displays, by agency and activity, the cumulative Fed-
eral spending to date, the unobligated balance of
available amounts, and the proposed Federal spend-
ing for the fiscal year in which the report is sub-
mitted and for each subsequent fiscal year through
2008, for the Bay-Delta Program.
TITLE II—WATER SUPPLY
SEC. 201. CALIFORNIA WATER SUPPLY PROGRAM.
(a) IN GENERAL.—The Secretary shall carry out a
program in accordance with this title to achieve the pur-
poses set forth in subsection (b). The program shall be
known as the California Water Supply Program.
(b) PURPOSES.—The purposes of the Program are
the following:
(1) Assist in the development of new or en-
hanced deliverable water supplies in the State of
California that are—
(A) developed by use of state-of-the-art
technology;
(B) regional in scope;
(C) cost-effective;
(D) planned and constructed in response
to, and consistent with, the Record of Decision
and documented needs for additional water sup-
plies and improved water quality; and
(E) consistent with and in compliance with
all applicable Federal, State, and local environ-
mental laws and requirements.
(2) Increase the effectiveness of surface water
and groundwater conservation measures throughout
the State of California.
(3) Increase the availability of locally and re-
gionally developed water supplies to improve the reli-
ability of water supplies in California.
(4) Encourage research and development of new
and innovative technologies and methods for water
treatment and conservation.
(5) Establish, as a matter of Federal policy, the
objective of reducing, by the year 2020, the max-
imum annual quantity of water pumped each year
for consumptive uses from the Harvey O. Banks and
Tracy Pumping Plants.
(c) PROGRAM ELEMENTS.—The Program shall be
comprised of the following elements:
(1) SURFACE WATER STORAGE.—Under section
202, feasibility studies of—
(A) new surface water storage projects;
and
(B) enlargements of existing surface water
storage projects.
(2) RECYCLING, REUSE, AND DESALINATION.—
Under the amendments made by section 203, stud-
ies, research, and development of water recycling
and water reuse projects and water desalination
demonstration projects.
(3) GROUNDWATER STORAGE AND BANKING.—
In accordance with section 204, studies and imple-
mentation of groundwater storage demonstration
projects and groundwater banking demonstration
projects.
(d) CONSTRUCTION AND OPERATION OF PROJECTS
TO
ACHIEVE
PROGRAM
PURPOSES.—Every project
planned or constructed after the date of the enactment
of this Act in the State of California with Federal financial
assistance administered by the Secretary, for the purposes
of developing new water supplies, increasing existing water
supplies, delivering water for agricultural or municipal and
industrial purposes pursuant to a contract with the Sec-
retary, or facilitating conveyance of water for agricultural
or municipal and industrial purposes pursuant to a con-
tract with the Secretary, is deemed to be a component of