H. R. 2828
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To authorize the Secretary of the Interior to implement water supply technology
and infrastructure programs aimed at increasing and diversifying domestic water
resources.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Supply,
Reliability, and Environmental Improvement Act’’.
(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 SECURITY
AND ENVIRONMENTAL ENHANCEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Calfed Bay-Delta Authorization
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 activi-
ties of the State agencies and Federal agencies as set forth
in the Record of Decision.
H. R. 2828—2
(2) CALIFORNIA BAY-DELTA AUTHORITY.—The terms ‘‘Cali-
fornia Bay-Delta Authority’’ and ‘‘Authority’’ mean the Cali-
fornia 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 ‘‘Environ-
mental Water Account’’ means the Cooperative 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 Wildlife Service;
(iii) the Bureau of Land Management; and
(iv) the United States Geological Survey;
(B) the Environmental Protection Agency;
(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 Administration.
(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 period.
(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 Cali-
fornia.
(11) STATE AGENCIES.—The term ‘‘State agencies’’ 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 Conservation and
Development Commission;
(vii) the Department of Parks and Recreation; and
(viii) the California Bay-Delta Authority;
(B) the California Environmental Protection Agency,
including the State Water Resources Control Board;
(C) the California Department of Food and Agriculture;
and
(D) the Department of Health Services.
H. R. 2828—3
SEC. 103. BAY DELTA PROGRAM.
(a) IN GENERAL.—
(1) RECORD OF DECISION AS GENERAL FRAMEWORK.—The
Record of Decision is approved as a general framework for
addressing the Calfed Bay-Delta Program, including its compo-
nents relating to water storage, ecosystem restoration, water
supply reliability (including new firm yield), conveyance, water
use efficiency, water quality, water transfers, watersheds, the
Environmental Water Account, levee stability, 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 activities con-
sisting of protecting drinking water quality, restoring
ecological health, improving water supply reliability
(including 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 activities and
projects, the Secretary and the heads of the Federal agen-
cies shall consider whether the activities and projects have
multiple benefits.
(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 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—
(1) subject to environmental review and approval, as
required under applicable Federal and State law; and
(2) approved and certified by the relevant Federal 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 Secretary 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 reclamation laws, the Central 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 Species Act of 1973 (16
U.S.C. 1531 et seq.), and other applicable law.
(2) ADMINISTRATOR
OF
THE
ENVIRONMENTAL
PROTECTION
AGENCY.—The Administrator of the Environmental 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 Con-
trol 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 described in paragraphs
(1), (2), (6), (7), (8), and (9) of subsection (d), to the extent
H. R. 2828—4
authorized under flood control, water resource development,
and other applicable 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 subsection (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 Secretary of Agri-
culture 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 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 con-
sist 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 fol-
lowing projects requiring further consideration—
(I) the Sites Reservoir in Colusa County; and
(II) the Upper San Joaquin River storage in
Fresno and Madera Counties;
(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 Governor, determines that the project should be
constructed in whole or in part with Federal funds,
the Secretary shall submit the feasibility study to Con-
gress.
(ii) FINDING OF IMBALANCE.—If Congress 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 determination
making a finding of imbalance for the Calfed Bay-
Delta Program.
(iii) REPORT ON REBALANCING.—
(I) IN
GENERAL.—If the Secretary makes a
finding of imbalance for the Program under clause
(ii), the Secretary, in consultation with the Gov-
ernor, shall, not later than 180 days after the
end of the full session described in clause (ii),
H. R. 2828—5
prepare and submit to Congress a report on the
measures necessary to rebalance the Program.
(II) 
SCHEDULES
AND
ALTERNATIVES.—The
report shall include preparation of revised sched-
ules and identification of alternatives to rebalance
the Program, including resubmission of the project
to Congress with or without modification, construc-
tion 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, acting through the
Bureau of Reclamation and in coordination with the
State, shall conduct 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 service contractors; and
(III) within the Calfed Delta solution area.
(ii) RELATIONSHIP TO PRIOR STUDY.—In conducting
the study, the Secretary shall incorporate and revise,
as necessary, the results of the study required by sec-
tion 3408(j) of the Central Valley Project Improvement
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—
(I) new firm yield and water supply improve-
ments, if any, for Central Valley Project agricul-
tural water service contractors and municipal and
industrial water service contractors, including
those identified in Bulletin 160;
(II) all water management actions or projects,
including those identified in Bulletin 160, that
would—
(aa) improve firm yield or water supply;
and
(bb) if taken or constructed, balance avail-
able water supplies and existing demand with
due recognition of water right priorities and
environmental needs;
(III) the financial costs of the actions and
projects described under subclause (II); and
(IV) the beneficiaries of those actions and
projects and an assessment of the willingness of
the beneficiaries to pay the capital costs and oper-
ation and maintenance costs of the actions and
projects.
(D) MANAGEMENT.—The Secretary shall conduct activi-
ties related to developing groundwater storage projects to
the extent authorized under law.
H. R. 2828—6
(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 subparagraph 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, operable barriers
in the South Delta, under which Federal agen-
cies shall cooperate with the State to accel-
erate installation of the permanent, operable
barriers in the 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 Joaquin River
floodway improvements;
(IV) installation and operation of temporary
barriers in the South Delta until fully operable
barriers are constructed; and
(V) actions to protect navigation and local
diversions not adequately protected by temporary
barriers.
(ii) ACTIONS
TO
INCREASE
PUMPING.—Actions to
increase pumping shall be accomplished in a manner
consistent with the Record of Decision requirement
to avoid redirected impacts and adverse impacts to
fishery protection and with any applicable Federal or
State law that protects—
(I) water diversions and use (including avoid-
ance of increased costs of diversion) by in-Delta
water users (including 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 subparagraph consist of—
(i) evaluation and implementation of improved
operational procedures for the Delta Cross Channel
to address fishery and water quality concerns;
(ii) evaluation of a screened through-Delta facility
on the Sacramento River; and
H. R. 2828—7
(iii) evaluation of lower Mokelumne River floodway
improvements.
(C) INTERTIES.—Activities under this subparagraph
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 mainte-
nance activity, except that the Secretary shall design
and construct the intertie in a manner consistent with
a possible future expansion of the intertie capacity
(as described in subsection (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 intake of the Forebay.
(D) PROGRAM TO MEET STANDARDS.—
(i) IN GENERAL.—Prior to increasing export limits
from the Delta for the purposes of conveying water
to south-of-Delta Central Valley Project contractors or
increasing deliveries through an intertie, the Secretary
shall, not later than 1 year after the date of enactment
of this Act, in consultation 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 max-
imum extent feasible, the measures described in
clauses (iii) through (vii).
(iii) RECIRCULATION
PROGRAM.—The Secretary
shall incorporate into the program a recirculation pro-
gram 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.—
(I) IN GENERAL.—The Secretary shall develop
and implement, in coordination 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 dis-
charges from wildlife refuges that receive water
from the Federal Government and discharge salt
or other constituents into the San Joaquin River.
(II) COORDINATION
WITH
INTERESTED
PAR-
TIES.—The plan shall be developed in coordination
with interested parties in the San Joaquin Valley
and the Delta.
(III) COORDINATION WITH ENTITIES THAT DIS-
CHARGE WATER.—The Secretary shall also coordi-
nate activities under this clause with other entities
that discharge water into the San Joaquin River
to reduce salinity concentrations discharged into
H. R. 2828—8
the River, including the timing of discharges to
optimize their assimilation.
(v) ACQUISITION OF WATER.—The Secretary 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,
dilute 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 reduce the reliance on New Melones
Reservoir for meeting water quality and fishery flow
objectives.
(vi) PURPOSE.—The purpose of the authority and
direction provided to the Secretary under this subpara-
graph is to provide greater flexibility in meeting the
existing water quality standards and objectives for
which the Central Valley Project has responsibility
so as to reduce the demand on water from New Melones
Reservoir used for that purpose and to assist the Sec-
retary in meeting any obligations to Central Valley
Project contractors from the New Melones Project.
(vii) UPDATING
OF
NEW
MELONES
OPERATING
PLAN.—The Secretary shall update the New Melones
operating plan to take into account, among other
things, the actions described in this title that are
designed to reduce the reliance on New Melones Res-
ervoir for meeting water quality and fishery flow objec-
tives, and to ensure that actions to enhance fisheries
in the Stanislaus River are based on the best available
science.
(3) WATER USE EFFICIENCY.—
(A) WATER CONSERVATION PROJECTS.—Activities under
this paragraph include water conservation projects that
provide water supply reliability, water quality, and eco-
system benefits to the California Bay-Delta system.
(B) TECHNICAL
ASSISTANCE.—Activities under this
paragraph include technical assistance for urban and agri-
cultural water conservation projects.
(C) WATER RECYCLING AND DESALINATION PROJECTS.—
Activities under this paragraph include 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
Reclamation and Reuse Study and other projects, giving
priority to projects that include regional solutions to benefit
regional water supply and reliability needs.
(D) WATER MEASUREMENT AND TRANSFER ACTIONS.—
Activities under this paragraph include water measurement
and transfer actions.
(E) URBAN
WATER
CONSERVATION.—Activities under
this paragraph include implementation 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 Cali-
fornia Comprehensive Water Reclamation and
Reuse Study, dated April 2001 and authorized by
H. R. 2828—9
section 1606 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.
390h–4); and
(II) projects identified in the San Francisco
Bay Area Regional Water Recycling Program
described in the San Francisco Bay Area Regional
Water Recycling Program Recycled Water Master
Plan, dated December 1999 and authorized by sec-
tion 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 existing studies
of the projects described in clause (i); and
(II) 
make 
the 
feasibility 
determinations
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 affected local spon-
soring agency and the State, that the existing plan-
ning and environmental studies for the project
(together with supporting materials and docu-
mentation) have been prepared consistent with
Bureau of Reclamation 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 environmental
studies for the project (together 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 Colorado River Basin within the State and
otherwise meets the requirements of section 1604
of the Reclamation Wastewater 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 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 permit stream-
lining; and
(C) maintaining a water transfer information clearing-
house.
(5) INTEGRATED REGIONAL WATER MANAGEMENT PLANS.—
Activities under this paragraph consist of assisting local and
H. R. 2828—10
regional communities in the State in developing and imple-
menting integrated regional water management plans to carry
out projects and programs that improve water supply reliability,
water quality, ecosystem restoration, and flood protection, or
meet other local and regional needs, in a manner that is con-
sistent with, and makes a significant contribution to, the Calfed
Bay-Delta Program.
(6) ECOSYSTEM RESTORATION.—
(A) IN GENERAL.—Activities under this paragraph con-
sist 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 Diver-
sion Fish Screen Program;
(iv) implementation of an invasive species pro-
gram, including prevention, control, and eradication;
(v) development and integration of Federal and
State agricultural programs that benefit wildlife into
the Ecosystem Restoration Program;
(vi) financial and technical support for locally-
based collaborative programs to restore habitat while
addressing the concerns of local communities;
(vii) water quality improvement projects to manage
or reduce concentrations of salinity, selenium, mercury,
pesticides, 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, ecosystem res-
toration, 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 Secretary 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 accordance with
subparagraph (D).
(C) ANNUAL ECOSYSTEM PROGRAM PLAN.—
(i) IN GENERAL.—Not later than October 1 of each
year, with respect to each ecosystem restoration action
carried out using Federal funds under this title, the
Secretary, in consultation with the Governor, shall
submit to the appropriate authorizing committees of
H. R. 2828—11
the Senate and the House of Representatives an annual
ecosystem program 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 programs;
(IV) the Federal agencies involved in each
project or program identified in the plan and the
cost-share arrangements with cooperating agen-
cies;
(V) 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 effectiveness and
overall trend of ecosystem health in the Bay-Delta
watershed;
(VI) implementation schedules and budgets;
(VII) 
existing 
monitoring 
programs 
and
performance measures;
(VIII) the status and effectiveness of measures
to minimize the impacts of the program on agricul-
tural land; and
(IX) a description of expected benefits of the
restoration program relative to the cost.
(iv) SPECIAL RULE FOR LAND ACQUISITION USING
FEDERAL
FUNDS.—For each ecosystem restoration
project involving land 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 subparagraph; 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 Rep-
resentatives, the United States Senators from the
State, and the United States Representative whose
district would be affected, notice of any such pro-
posed land acquisition using Federal funds under
this title submitted to the Federal 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 specifically identified in an annual eco-
system program plan under subparagraph (C), not later
than 45 days prior to approval, the Secretary, in
coordination with the State, shall submit to the appro-
priate authorizing committees of the Senate and the
House of Representatives recommendations on the pro-
posed program or project.
(ii) CONTENTS.—The recommendations shall—
H. R. 2828—12
(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 evalu-
ating the performance of the proposed program
or project;
(IV) identify any cost-sharing arrangements
with cooperating entities;
(V) identify how the proposed program or
project will comply with all applicable Federal and
State laws, including 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 Fed-
eral 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 mini-
mize impacts on agricultural land pursuant
to the Record of Decision; and
(cc) 
include 
preliminary 
management
plans for all properties to be acquired with
Federal funds, including an overview of
existing conditions (including habitat types in
the affected project area), the expected
ecological benefits, preliminary cost estimates,
and implementation schedules.
(7) WATERSHEDS.—Activities under this paragraph consist
of—
(A) building local capacity to assess and manage water-
sheds affecting the Delta system;
(B) technical assistance for watershed assessments and
management plans; and
(C) developing and implementing locally-based water-
shed conservation, maintenance, and restoration actions.
(8) WATER QUALITY.—Activities under this paragraph con-
sist 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 consulted on the
activities to be funded;
except that no right, benefit, or privilege is created as
a result of this subparagraph;
(B) implementation of source control programs in the
Delta and its tributaries;
H. R. 2828—13
(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 demonstration
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 development
of projects to enable San Francisco Bay Area water dis-
tricts, 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 measures, institutional arrange-
ments, and infrastructure improvements that encour-
age regional approaches; and
(ii) investigations and studies of available capacity
in a project to deliver water to the East Bay Municipal
Utility District under its contract with the Bureau
of Reclamation, dated July 20, 2001, in order to deter-
mine if such capacity can be utilized to meet the objec-
tives 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—
(A) supporting establishment and maintenance of an
independent science board, technical panels, and standing
boards to provide oversight and peer review of the Program;
(B) conducting expert evaluations and scientific assess-
ments of all Program elements;
(C) coordinating existing monitoring and scientific
research programs;
(D) developing and implementing adaptive manage-
ment experiments to test, refine, and improve 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
H. R. 2828—14
3406(d)(2) of the Central Valley Project Improvement Act
(Public Law 102–575; 106 Stat. 4723).
(e) NEW AND EXPANDED AUTHORIZATIONS FOR FEDERAL AGEN-
CIES.—
(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 coordination with the Governor.
(2) SECRETARY
OF
THE
INTERIOR.—The Secretary 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
AGRICULTURE
AND
COM-
MERCE.—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 subsection (f)(4).
(4) SECRETARY OF THE ARMY.—The Secretary of the Army
is authorized to carry out the activities described in paragraphs
(3) and (4) of subsection (f).
(f) DESCRIPTION
OF ACTIVITIES UNDER NEW
AND EXPANDED
AUTHORIZATIONS.—
(1) CONVEYANCE.—Of the amounts authorized to be appro-
priated under section 109, not more than $184,000,000 may
be expended for the following:
(A) SAN LUIS RESERVOIR.—Funds may be expended for
feasibility studies, evaluation, and implementation of the
San Luis Reservoir lowpoint improvement project, except
that Federal participation in any construction of an
expanded Pacheco Reservoir shall be subject to future
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 Valley Project Delta Mendota Canal.
(C) FRANKS TRACT.—Funds may be expended for feasi-
bility 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 expended 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 FACILITIES.—
(i) IN
GENERAL.—Funds may be expended for
design and construction of the relocation of drinking
water intake facilities to in-Delta water users.
(ii) DRINKING
WATER
QUALITY.—The Secretary
shall coordinate actions for relocating intake facilities
on a time schedule consistent with subsection
(d)(2)(A)(i)(I)(bb) or take other actions necessary to
offset the degradation of drinking water quality in
the Delta due to the South Delta Improvement Pro-
gram.
(F) NEW MELONES RESERVOIR.—
(i) 
IN
GENERAL.—In 
addition 
to 
the 
other
authorizations granted to the Secretary by this title,
the Secretary shall acquire water from willing sellers
H. R. 2828—15
and undertake other actions designed to decrease
releases from the New Melones Reservoir for meeting
water quality standards and flow objectives for which
the Central Valley Project has responsibility to assist
in meeting allocations to Central Valley Project con-
tractors from the New Melones Project.
(ii) 
PURPOSE.—The 
authorization 
under 
this
subparagraph is solely meant to add flexibility for the
Secretary to meet any obligations of the Secretary to
the Central Valley Project contractors from the New
Melones Project by reducing demand for water dedi-
cated to meeting water quality standards in the San
Joaquin River.
(iii) FUNDING.—Of the amounts authorized to be
appropriated under section 109, not more than
$30,000,000 may be expended to carry out clause (i).
(G) RECIRCULATION
OF
EXPORT
WATER.—Funds may
be used to conduct feasibility studies, evaluate, and, if
feasible, implement the recirculation 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 authorized to be
appropriated under section 109, not more than $90,000,000
may be expended for implementation of the Environmental
Water Account.
(B) 
NONREIMBURSABLE
FEDERAL
EXPENDITURE.—
Expenditures under subparagraph (A) shall be considered
a nonreimbursable Federal expenditure in recognition of
the payments of the 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 appropriated 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 Account
to the extent those actions are consistent 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 Restoration Fund that, pursuant to
section 3407(a) of the Central Valley Project Improve-
ment 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 section
3406(b) of that Act.
(iii) FEDERAL FUNDING.—The $10,000,000 limita-
tion on the use of the Restoration Fund for the Environ-
mental Water Account under clause (i) does not limit
the appropriate amount of Federal funding for the
Environmental Water Account.
(3) LEVEE STABILITY.—
H. R. 2828—16
(A) IN GENERAL.—For purposes of implementing 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
implementation of levee stability programs or projects for
such purposes as flood control, ecosystem restoration, water
supply, water conveyance, and water quality objectives.
(B) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of the Army shall
submit to the appropriate authorizing and appropriating
committees of the Senate and the House of Representatives
a report that describes the levee stability reconstruction
projects and priorities that will be carried out under this
title during each of fiscal years 2005 through 2010.
(C) 
SMALL
FLOOD
CONTROL
PROJECTS.—Notwith-
standing the project purpose, the authority granted under
section 205 of the Flood Control 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 appro-
priated under section 109, not more than $90,000,000 may
be expended to—
(i) reconstruct Delta levees to a base level of protec-
tion (also known as the ‘‘Public Law 84–99 standard’’);
(ii) enhance the stability of levees that have par-
ticular importance in the system through the Delta
Levee Special Improvement 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;
(v) develop a Delta Risk Management Strategy
after assessing the consequences of Delta levee failure
from floods, seepage, subsidence, and earthquakes;
(vi) reconstruct Delta levees using, to the max-
imum 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 restoration, and levee protec-
tion projects of the lower San Joaquin River and lower
Mokelumne River floodway improvements and other
projects under the Sacramento-San Joaquin Com-
prehensive Study; and
(viii) evaluate and, if appropriate, rehabilitate the
Suisun Marsh levees.
(4) PROGRAM
MANAGEMENT, OVERSIGHT, AND
COORDINA-
TION.—
(A) IN
GENERAL.—Of the amounts authorized 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;
H. R. 2828—17
(ii) Program-wide tracking of schedules, finances,
and performance;
(iii) multiagency oversight and coordination of Pro-
gram activities to ensure Program balance and integra-
tion;
(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 involve-
ment, including tribal, environmental justice, and
public advisory activities in accordance with the Fed-
eral Advisory 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 Cali-
fornia Bay-Delta Authority to carry out Program-wide
management, oversight, and coordination activities.
SEC. 104. MANAGEMENT.
(a) COORDINATION.—In carrying out the Calfed Bay-Delta Pro-
gram, 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 cooperate with local
and tribal governments and the public through an advisory com-
mittee established in accordance with the Federal Advisory Com-
mittee 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 Program are
subjected to credible and objective scientific review; and
(2) major decisions are based upon the best available sci-
entific 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 nonvoting members of the Cali-
fornia 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.
(2) RELATIONSHIP
TO
FEDERAL
LAW
AND
AGENCIES.—
Nothing in this subsection shall preempt or otherwise affect
any Federal law or limit the statutory 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.).