[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Enrolled Bill (ENR)]
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 activities of
the State agencies and Federal agencies as set forth in the Record
of Decision.
(2) California bay-delta authority.--The terms ``California
Bay-Delta Authority'' and ``Authority'' mean the California Bay-
Delta Authority, as set forth in the California Bay-Delta Authority
Act (Cal. Water Code Sec. 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 ``Environmental
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 California.
(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.
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 components 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 consisting
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 agencies
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 Control 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
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 Agriculture 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 consist
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 following
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 Congress.
(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 Governor, shall,
not later than 180 days after the end of the full
session described in clause (ii), 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 schedules and
identification of alternatives to rebalance the
Program, including resubmission of the project to
Congress with or without modification, construction 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 section
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 Representatives a report describing
the results of the study, including--
(I) new firm yield and water supply improvements,
if any, for Central Valley Project agricultural 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 available
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 operation
and maintenance costs of the actions and projects.
(D) Management.--The Secretary shall conduct activities
related to developing groundwater storage projects to the
extent authorized under law.
(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 agencies shall
cooperate with the State to accelerate 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 avoidance
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
(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 maintenance 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 maximum extent
feasible, the measures described in clauses (iii) through
(vii).
(iii) Recirculation program.--The Secretary shall
incorporate into the program a recirculation program 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 discharges 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 parties.--The
plan shall be developed in coordination with interested
parties in the San Joaquin Valley and the Delta.
(III) Coordination with entities that discharge
water.--The Secretary shall also coordinate activities
under this clause with other entities that discharge
water into the San Joaquin River to reduce salinity
concentrations discharged into 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 subparagraph
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 Secretary 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 Reservoir for meeting water quality
and fishery flow objectives, 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 ecosystem benefits
to the California Bay-Delta system.
(B) Technical assistance.--Activities under this paragraph
include technical assistance for urban and agricultural water
conservation projects.
(C) Water recycling and desalination projects.--Activities
under this paragraph include water recycling and desalination
projects, including groundwater remediation 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 California
Comprehensive Water Reclamation and Reuse Study, dated
April 2001 and authorized by 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 section 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
sponsoring agency and the State, that the existing
planning and environmental studies for the project
(together with supporting materials and documentation)
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 streamlining;
and
(C) maintaining a water transfer information clearinghouse.
(5) Integrated regional water management plans.--Activities
under this paragraph consist of assisting local and regional
communities in the State in developing and implementing 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 consistent with, and makes a significant
contribution to, the Calfed Bay-Delta Program.
(6) Ecosystem restoration.--
(A) In general.--Activities under this paragraph 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 wetland 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 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
restoration, 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 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 agencies;
(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 agricultural
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
Representatives, the United States Senators from the
State, and the United States Representative whose
district would be affected, notice of any such proposed
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 ecosystem
program plan under subparagraph (C), not later than 45 days
prior to approval, the Secretary, in coordination with the
State, shall submit to the appropriate authorizing
committees of the Senate and the House of Representatives
recommendations on the proposed program or project.
(ii) Contents.--The recommendations shall--
(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 evaluating 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 Federal
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 minimize
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 watersheds
affecting the Delta system;
(B) technical assistance for watershed assessments and
management plans; and
(C) developing and implementing locally-based watershed
conservation, maintenance, and restoration actions.
(8) Water quality.--Activities under this paragraph consist
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;
(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 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 aqueducts, water transfers,
water conservation measures, institutional arrangements,
and infrastructure improvements that encourage 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 determine if
such capacity can be utilized to meet the objectives 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
assessments of all Program elements;
(C) coordinating existing monitoring and scientific
research programs;
(D) developing and implementing adaptive management
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 3406(d)(2) of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4723).
(e) New and Expanded Authorizations for Federal Agencies.--
(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 commerce.--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 appropriated
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 feasibility
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 Program.
(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 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 contractors 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 dedicated 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 Improvement 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 limitation on
the use of the Restoration Fund for the Environmental Water
Account under clause (i) does not limit the appropriate
amount of Federal funding for the Environmental Water
Account.
(3) Levee stability.--
(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.--Notwithstanding 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 appropriated
under section 109, not more than $90,000,000 may be expended
to--
(i) reconstruct Delta levees to a base level of
protection (also known as the ``Public Law 84-99
standard'');
(ii) enhance the stability of levees that have
particular 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 maximum
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 protection
projects of the lower San Joaquin River and lower Mokelumne
River floodway improvements and other projects under the
Sacramento-San Joaquin Comprehensive Study; and
(viii) evaluate and, if appropriate, rehabilitate the
Suisun Marsh levees.
(4) Program management, oversight, and coordination.--
(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, contracts, or
cooperative agreements with agencies of the State, for--
(i) Program support;
(ii) Program-wide tracking of schedules, finances, and
performance;
(iii) multiagency oversight and coordination of Program
activities to ensure Program 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, environmental justice, and public
advisory activities in accordance with the Federal 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 California 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 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 cooperate 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 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
scientific 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 California Bay-Delta
Authority, as established in the California Bay-Delta Authority Act
(Cal. Water Code Sec. 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.).
(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 participating
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 justice
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
components 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 subsection
(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 implementing
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 section
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;
(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
Decision and any pending actions that may affect the
ability of the Calfed Bay-Delta Program to achieve those
targets; 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 environmental
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 program;
(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
(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 substantially adhered
to, or that balanced progress in achieving the goals and objectives
of the Program is not occurring, the Secretary 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 financial report 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 requested 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;
(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 (including a description
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 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 restoration 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 interstate
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 alternative 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 on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report containing the
results of the study.
(2) Contents of report.--The report shall contain appropriate
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 Irrigation 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.