H. R. 2828—18
(B) FINANCIAL
INTEREST.—The financial interests of
the California Bay-Delta Authority shall not be imputed
to any Federal official participating in the Authority.
(C) ETHICS REQUIREMENTS.—A Federal official partici-
pating in the California Bay-Delta Authority shall remain
subject to Federal financial disclosure and conflict of
interest laws and shall not be subject to State financial
disclosure and conflict of interest laws.
(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 
justice
workplan for the Calfed Bay-Delta Program; and
(2) fulfill the commitment to addressing environmental jus-
tice 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 Governor, 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 compo-
nents of the Calfed Bay-Delta Program;
(B) sets forth any written determination resulting from
the review required under subsection (b) or section
103(d)(1)(B); and
(C) includes any revised schedule prepared under sub-
section (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 components
of the Program;
(C) expenditures in the past fiscal year for imple-
menting 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 described in sec-
tion 2.2.9 of the Record of Decision; and
(II) 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;
H. R. 2828—19
(viii) water conveyance;
(ix) water supply reliability (including new firm
yield), including progress in achieving the water supply
targets described in section 2.2.4 of the Record of Deci-
sion and any pending actions that may affect the ability
of the Calfed Bay-Delta Program to achieve those tar-
gets; and
(x) the uses and assets of the environmental water
account described in section 2.2.7 of the Record of
Decision;
(E) Program goals, current schedules, and relevant
financing agreements, including funding levels necessary
to achieve completion of the feasibility studies and environ-
mental documentation for the surface storage projects
identified in 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 milestones identified
in the Ecosystem Restoration Program, including progress
on project effectiveness, monitoring, and accomplishments;
(H) development and implementation of local programs
for watershed conservation and restoration;
(I) progress in improving water supply reliability 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 pro-
gram;
(L) progress toward acquisition of the Federal and
State permits (including permits under section 404(a) of
the Federal Water Pollution Control Act (33 U.S.C.
1344(a))) for implementation of projects in all identified
Program areas;
(M) progress in achieving benefits in all geographic
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 Governor, shall
review progress in implementing the Calfed Bay-Delta Program
based on—
(A) consistency with the Record of Decision; and
H. R. 2828—20
(B) balance in achieving the goals and objectives of
the Calfed Bay-Delta Program.
(2) REVISED SCHEDULE.—If, at the conclusion of each such
annual review or if a timely annual review is not undertaken,
the Secretary or the Governor determines in writing that either
the Program implementation schedule has not been substan-
tially adhered to, or that balanced progress in achieving the
goals and objectives of the Program is not occurring, the Sec-
retary 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 include 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, 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 finan-
cial report certified by the Secretary containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any inter-
agency 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
requested under both pre-existing authorities and under
the new authorities granted by this title; and
(B) identifies all expenditures since 1998 by the Fed-
eral 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 agencies responsible for imple-
menting the Calfed Bay-Delta Program during the previous
fiscal year;
(3) a budget for the proposed projects (including a descrip-
tion of the project, authorization level, and project status) to
be carried out in the upcoming fiscal year with the Federal
portion of funds for activities 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 implementing
the Calfed Bay-Delta Program for fiscal years 2005 through 2010
H. R. 2828—21
in the aggregate, as set forth in the Record of Decision, shall
not exceed 33.3 percent.
(b) PAYMENT FOR BENEFITS.—The Secretary shall ensure that
all beneficiaries, including beneficiaries of environmental restora-
tion and other Calfed program elements, shall pay for the benefit
received from all projects or activities carried out under the Calfed
Bay-Delta Program.
(c) INTEGRATED RESOURCE PLANNING.—Federal expenditures for
the Calfed Bay-Delta Program shall be implemented in a manner
that encourages integrated resource planning.
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 appropriated share
of the waters of any body of surface or ground water;
(3) preempts or modifies any State or Federal law or inter-
state 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 Secretary and
the heads of the Federal agencies to pay the Federal 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.
TITLE II—MISCELLANEOUS
SEC. 201. SALTON SEA STUDY PROGRAM.
Not later than December 31, 2006, the Secretary of the Interior,
in coordination with the State of California and the Salton Sea
Authority, shall complete a feasibility study on a preferred alter-
native for Salton Sea restoration.
SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVATION
PROJECT FEASIBILITY STUDY AND REPORT.
(a) STUDY.—Pursuant to Federal reclamation law (the Act of
June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental
to and amendatory of that Act (43 U.S.C. 371 et seq.)), the Secretary
of the Interior (referred to in this section as the ‘‘Secretary’’),
through the Bureau of Reclamation, and in consultation and
cooperation with the El Dorado Irrigation District, is authorized
to conduct a study to determine the feasibility of constructing
a project on Alder Creek in El Dorado County, California, to store
water and provide water supplies during dry and critically dry
years for consumptive use, recreation, in-stream flows, irrigation,
and power production.
(b) REPORT.—
(1) TRANSMISSION.—On completion of the study authorized
by subsection (a), the Secretary shall transmit to the Committee
H. R. 2828—22
on Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate a report
containing the results of the study.
(2) CONTENTS OF REPORT.—The report shall contain appro-
priate cost sharing options for the implementation of the project
based on the use and possible allocation of any stored water.
(3) USE OF AVAILABLE MATERIALS.—In developing the report
under this section, the Secretary shall use reports and any
other relevant information supplied by the El Dorado Irrigation
District.
(c) COST SHARE.—
(1) FEDERAL SHARE.—The Federal share of the costs of
the feasibility study authorized by this section shall not exceed
50 percent of the total cost of the study.
(2) IN-KIND CONTRIBUTION FOR NON-FEDERAL SHARE.—The
Secretary may accept as part of the non-Federal cost share
the contribution such in-kind services by the El Dorado Irriga-
tion District as the Secretary determines will contribute to
the conduct and completion of the study.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $3,000,000.
SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE
AUTHORIZATION.
Section 1(c) of Public Law 105–295 (112 Stat. 2820) (as amended
by section 219(b) of Public Law 108–137 (117 Stat. 1853)) is
amended in the second sentence by striking ‘‘$3,500,000’’ and
inserting ‘‘$6,250,000’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.