[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1097 Reported in Senate (RS)]
Calendar No. 523
108th CONGRESS
2d Session
S. 1097
[Report No. 108-268]
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2003
Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
May 20, 2004
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Calfed Bay-Delta
Authorization Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> For purposes of this Act.</DELETED>
<DELETED> (1) Calfed bay-delta program.--The term ``Calfed
Bay-Delta Program'' means the programs, projects, complementary
actions, and activities undertaken through coordinated
planning, implementation, and assessment activities of the
State and Federal agencies in a manner consistent with the
Record of Decision.</DELETED>
<DELETED> (2) California bay-delta authority.--The term
``California Bay-Delta Authority'' means a committee of State
and Federal agencies and public members established to oversee
the Calfed Bay-Delta Program, as set forth in the California
Bay-Delta Authority Act (2002 Cal. Stat. Chap. 812).</DELETED>
<DELETED> (3) Environmental water account.--The term
``Environmental Water Account'' means the reserve of water
provided for in the Record of Decision to provide water, in
addition to the amount of the regulatory baseline, to protect
and restore Delta fisheries.</DELETED>
<DELETED> (4) Federal agencies.--The term ``Federal
agencies'' means the following--</DELETED>
<DELETED> (A) the Department of the Interior
(including the Bureau of Reclamation, Fish and Wildlife
Service, Bureau of Land Management, and United States
Geological Survey),</DELETED>
<DELETED> (B) the Environmental Protection
Agency;</DELETED>
<DELETED> (C) the Army Corps of Engineers;</DELETED>
<DELETED> (D) the Department of Commerce (including
NOAA Fisheries);</DELETED>
<DELETED> (E) the Department of Agriculture
(including the Natural Resources Conservation Service
and the Forest Service); and</DELETED>
<DELETED> (F) the Western Area Power
Administration.</DELETED>
<DELETED> (5) Governor.--The term ``Governor'' means the
Governor of the State of California.</DELETED>
<DELETED> (6) Implementation memorandum.--The term
``Implementation Memorandum'' means the Calfed Bay-Delta
Program Implementation Memorandum of Understanding dated August
28, 2000, executed by the Federal agencies and the State
agencies.</DELETED>
<DELETED> (7) Record of decision.--The term ``Record of
Decision'' means the Federal programmatic Record of Decision
dated August 28, 2000, issued by the Federal agencies and
supported by the State.</DELETED>
<DELETED> (8) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (9) Stage 1.--The term ``Stage 1'' means the
programs and projects planned for the first 7 years of the
Calfed Bay-Delta Program, as specified in the Record of
Decision.</DELETED>
<DELETED> (10) State.--The term ``State'' means the State of
California.</DELETED>
<DELETED> (11) State agencies.--The term ``State Agencies''
means the following--</DELETED>
<DELETED> (A) the Resources Agency of California
(including the Department of Water Resources and the
Department of Fish and Game);</DELETED>
<DELETED> (B) the California Environmental
Protection Agency (including the State Water Resources
Control Board); and</DELETED>
<DELETED> (C) the California Department of Food and
Agriculture.</DELETED>
<DELETED>SEC. 3. BAY DELTA PROGRAM.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the mission of the Calfed Bay-Delta Program is
to develop and implement to a long-term comprehensive plan that
will improve water management and restore the ecological health
of the Bay-Delta system;</DELETED>
<DELETED> (2) the Federal and State agencies participating
in the Bay-Delta Program have prepared a thirty-year plan, the
Record of Decision, dated August 28, 2000, to coordinate
existing programs and direct new programs to improve the
quality and reliability of the State's water supplies and to
restore the ecological health of the Bay-Delta
watershed;</DELETED>
<DELETED> (3) the Calfed Bay-Delta Program was developed as
a joint Federal-State program to deal effectively with the
multijurisdictional issues involved in managing the Bay-Delta
system; and</DELETED>
<DELETED> (4) while this Act authorizes appropriations for
four years of this thirty-year program, it is anticipated that
the Federal Government will participate as a full partner with
the State of California for the duration of this thirty-year
Program.</DELETED>
<DELETED> (b) In General.--The Record of Decision is approved as a
framework for addressing Calfed Bay-Delta Program components consisting
of water storage, ecosystem restoration, water supply reliability,
conveyance, water use efficiency, water quality, water transfers,
watersheds, Environmental Water Account, levee stability, governance,
and science. The Secretary and the heads of the Federal agencies are
authorized to carry out (undertake, fund, or participate in) the
activities in the Record of Decision, subject to the provisions of this
Act and the constraints of the Record of Decision, so that the Program
activities consisting of protecting drinking water quality; restoring
ecological health; improving water supply reliability, including
additional water storage and conveyance, and protecting Delta levees
will progress in a balanced manner.</DELETED>
<DELETED> (c) Authorized Activities.--</DELETED>
<DELETED> (1) In general.--The Secretary and the heads of
the Federal agencies are authorized to carry out the activities
described in this subsection in furtherance of Stage 1 of the
Calfed Bay-Delta Program as set forth in the Record of
Decision, subject to the cost-share and other provisions of
this Act, if the activity has been subject to environmental
review and approval as required under applicable Federal and
State law, and has been approved and certified by the
California Bay-Delta Authority to be consistent with the Record
of Decision.</DELETED>
<DELETED> (2) Specific activities authorized.--The Secretary
of the Interior is authorized to carry out the activities set
forth in subparagraphs (A) through (H), and subparagraphs (K),
(L), and (M) of subsection (c)(3). The Administrator of the
Environmental Protection Agency is authorized to carry out the
activities set forth in subparagraphs (G), (H), (I), (K), and
(L) of subsection (c)(3). The Secretary of the Army is
authorized to carry out the activities set forth in
subparagraphs (G), (J), (K), and (L) of subsection (c)(3). The
Secretary of Commerce is authorized to carry out the activities
set forth in subparagraphs (E), (G), (H), and (K) of subsection
(c)(3). The Secretary of Agriculture is authorized to carry out
the activities set forth in subparagraphs (C), (G), (H), (I),
and (K) of subsection (c)(3).</DELETED>
<DELETED> (3) Program activities.--</DELETED>
<DELETED> (A) Water storage.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $102,000,000
may be expended for the following--</DELETED>
<DELETED> (i) planning activities and
feasbility studies for the following projects
to be pursued with project-specific study--
</DELETED>
<DELETED> (I) enlargement of Shasta
Dam in Shasta County (not to exceed
12,000,000); and</DELETED>
<DELETED> (II) enlargement of Los
Vaqueros Reservoir in Contra Costa
County (not to exceed
$17,000,000);</DELETED>
<DELETED> (ii) planning and feasibility
studies for the following projects requiring
further consideration--</DELETED>
<DELETED> (I) Sites Reservoir in
Colusa County (not to exceed
$6,000,000); and</DELETED>
<DELETED> (II) Upper San Joaquin
River storage in Fresno and Madera
Counties (not to exceed
$11,000,000);</DELETED>
<DELETED> (iii) developing and implementing
groundwater management and groundwater storage
project (not to exceed $50,000,000);
and</DELETED>
<DELETED> (iv) comprehensive water
management planning (not to exceed
$6,000,000).</DELETED>
<DELETED> (B) Conveyance.--Of the amounts authorized
to be appropriated for fiscal years 2004 through 2007
under this Act, no more than $77,000,000 may be
expended for the following--</DELETED>
<DELETED> (i) South Delta Actions (not to
exceed $45,000,000)--</DELETED>
<DELETED> (I) South Delta
Improvements Program to--</DELETED>
<DELETED> (aa) increase the
State Water Project export
limit to 8,500 cfs;</DELETED>
<DELETED> (bb) install
permanent, operable barriers in
the south Delta;</DELETED>
<DELETED> (cc) design and
construct fish screens and
intake facilities at Clifton
Court Forebay and the Tracy
Pumping Plant facilities;
and</DELETED>
<DELETED> (dd) increase the
State Water Project export to
the maximum capability of
10,300 cfs;</DELETED>
<DELETED> (II) reduction of agricultural
drainage in south Delta channels and other
actions necessary to minimize impacts of such
drainage on drinking water quality;</DELETED>
<DELETED> (III) design and
construction of lower San Joaquin River
floodway improvements;</DELETED>
<DELETED> (IV) installation and
operation of temporary barriers in the
south Delta until fully operable
barriers are constructed;</DELETED>
<DELETED> (V) actions to protect
navigation and local diversions not
adequately protected by the temporary
barriers;</DELETED>
<DELETED> (VI) actions identified in
Subclause (I) or other actions
necessary to offset degradation of
drinking water quality in the Delta due
to the South Delta Improvements
Program; and</DELETED>
<DELETED> (VII) actions at Franks
Tract to improve water quality in the
Delta;</DELETED>
<DELETED> (ii) North Delta Actions (not to
exceed $12,000,000)--</DELETED>
<DELETED> (I) evaluation and
implementation of improved operational
procedures for the Delta Cross Channel
to address fishery and water quality
concerns;</DELETED>
<DELETED> (II) evaluation of a
screened through-Delta facility on the
Sacramento River; and</DELETED>
<DELETED> (III) design and
construction of lower Mokelumne River
floodway improvements;</DELETED>
<DELETED> (iii) interties (not to exceed
$10,000,000)--</DELETED>
<DELETED> (I) evaluation and
construction of an intertie between the
State Water Project and the Central
Valley Project facilities at or near
the City of Tracy; and</DELETED>
<DELETED> (II) assessment of the
connection of the Central Valley
Project to the State Water Project's
Clifton Court Forebay with a
corresponding increase in the Forebay's
screened intake; and</DELETED>
<DELETED> (iv) evaluation and implementation
of the San Luis Reservoir lowpoint improvement
project (not to exceed $10,000,000);</DELETED>
<DELETED> (C) Water use efficiency.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $153,000,000
may be expended for the following--</DELETED>
<DELETED> (i) water conservation projects
that provide water supply reliability, water
quality, and ecosystem benefits to the Bay-
Delta system (not to exceed
$61,000,000);</DELETED>
<DELETED> (ii) technical assistance for
urban and agricultural water conservation
projects (not to exceed $5,000,000);</DELETED>
<DELETED> (iii) water recycling and
desalination projects, including but not
limited to projects identified in the Bay Area
Water Plan and the Southern California
Comprehensive Water Reclamation and Reuse Study
(not to exceed $84,000,000), as follows--
</DELETED>
<DELETED> (I) in providing financial
assistance under this clause, the
Secretary shall give priority
consideration to projects that include
regional solutions to benefit regional
water supply and reliability
needs;</DELETED>
<DELETED> (II) the Secretary shall
review any feasibility level studies
for seawater desalination and regional
brine line projects that have been
completed, whether or not those studies
were prepared with financial assistance
from the Secretary;</DELETED>
<DELETED> (III) the Secretary shall
report to the Congress within 90 days
after the completion of a feasibility
study or the review of a feasibility
study for the purposes of providing
design and construction assistance for
the construction of desalination and
regional brine line projects;
and</DELETED>
<DELETED> (IV) the Federal share of
the cost of any activity carried out
with assistance under this clause may
not exceed the lesser of 25 percent of
the total cost of the activity or
$50,000,000;</DELETED>
<DELETED> (iv) water measurement and
transfer actions (not to exceed $1,500,000);
and</DELETED>
<DELETED> (v) certification of
implementation of best management practices for
urban water conservation (not to exceed
$1,500,000).</DELETED>
<DELETED> (D) Water transfers.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $3,000,000
may be expended for the following--</DELETED>
<DELETED> (i) increasing the availability of
existing facilities for water
transfers;</DELETED>
<DELETED> (ii) lowering transaction costs
through permit streamlining; and</DELETED>
<DELETED> (iii) maintaining a water transfer
information clearinghouse.</DELETED>
<DELETED> (E) Environmental water account.--Of the
amounts authorized to be appropriated for fiscal years
2004 through 2007 under this act, no more than
$75,000,000 may be expended for implementation of the
Environmental Water Account.</DELETED>
<DELETED> (F) Integrated regional water management
plans.--Of the amounts authorized to be appropriated
for fiscal years 2004 through 2007 under this Act, no
more than $95,000,000 may be expended for the
following--</DELETED>
<DELETED> (i) establishing a competitive
grants program to assist local and
regional communities in California in developing and implementing
integrated regional water management plans to carry out Stage 1 of the
Record of Decision; and</DELETED>
<DELETED> (ii) implementation of projects
and programs in California that improve water
supply reliability, water quality, ecosystem
restoration, and flood protection, or meet
other local and regional needs, that are
consistent with, and make a significant
contribution to, Stage 1 of the Calfed Bay-
Delta Program.</DELETED>
<DELETED> (G) Ecosystem restoration.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $100,000,000
may be expended for the following--</DELETED>
<DELETED> (i) implementation of large-scale
restoration projects in San Francisco Bay, the
Delta, and its tributaries;</DELETED>
<DELETED> (ii) restoration of habitat in the
Delta, San Pablo Bay, and Suisun Bay and Marsh,
including tidal wetlands and riparian
habitat;</DELETED>
<DELETED> (iii) fish screen and fish passage
improvement projects;</DELETED>
<DELETED> (iv) implementation of an invasive
species program, including prevention, control,
and eradication;</DELETED>
<DELETED> (v) development and integration of
State and Federal agricultural programs that
benefit wildlife into the Ecosystem Restoration
Program;</DELETED>
<DELETED> (vi) financial and technical
support for locally-based collaborative
programs to restore habitat while addressing
the concerns of local communities;</DELETED>
<DELETED> (vii) water quality improvement
projects to reduce salinity, selenium, mercury,
pesticides, trace metals, dissolved oxygen,
turbidity, sediment, and other
pollutants;</DELETED>
<DELETED> (viii) land and water acquisitions
to improve habitat and fish spawning and
survival in the Delta and its
tributaries;</DELETED>
<DELETED> (ix) integrated flood management,
ecosystem restoration, and levee protection
projects;</DELETED>
<DELETED> (x) scientific evaluations and
targeted research on program activities;
and</DELETED>
<DELETED> (xi) strategic planning and
tracking of program performance.</DELETED>
<DELETED> (H) Watersheds.--Of the amounts authorized
to be appropriated for fiscal years 2004 through 2007
under this Act, no more than $50,000,000 may be
expended for the following--</DELETED>
<DELETED> (i) building local capacity to
assess and manage watersheds affecting the Bay-
Delta system;</DELETED>
<DELETED> (ii) technical assistance for
watershed assessments and management plans;
and</DELETED>
<DELETED> (iii) developing and implementing
locally-based watershed conservation,
maintenance, and restoration actions.</DELETED>
<DELETED> (I) Water quality.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $50,000,000
may be expended for the following--</DELETED>
<DELETED> (i) addressing drainage problems
in the San Joaquin Valley to improve downstream
water quality, including habitat restoration
projects that reduce drainage and improve water
quality, provided that--</DELETED>
<DELETED> (I) a plan is in place for
monitoring downstream water quality
improvements;</DELETED>
<DELETED> (II) state and local
agencies are consulted on the
activities to be funded; and</DELETED>
<DELETED> (III) this clause is not
intended to create any right, benefit
or privilege;</DELETED>
<DELETED> (ii) implementation of source
control programs in the Delta and its
tributaries;</DELETED>
<DELETED> (iii) 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;</DELETED>
<DELETED> (iv) investing in treatment
technology demonstration projects;</DELETED>
<DELETED> (v) controlling runoff into the
California aqueduct and other similar
conveyances;</DELETED>
<DELETED> (vi) addressing water quality
problems at the North Bay Aqueduct;</DELETED>
<DELETED> (vii) studying recirculation of
export water to reduce salinity and improve
dissolved oxygen in the San Joaquin
River;</DELETED>
<DELETED> (viii) supporting and
participating in the development of projects to
enable San Francisco Bay Area water districts
to work cooperatively to address their water
quality and supply reliability issues,
including connections between aqueducts, water
transfers, water conservation measures,
institutional arrangements, and infrastructure
improvements that encourage regional
approaches, and 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 above objectives; Provided, That these
investigations and studies shall be
conducted consistent with the Record of Decision;</DELETED>
<DELETED> (ix) development of water quality
exchanges and other programs to make high
quality water available to urban areas;
and</DELETED>
<DELETED> (x) development and implementation
of a plan to meet all existing water quality
standards for which the State and Federal water
projects have responsibility.</DELETED>
<DELETED> (J) Levee stability.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $70,000,000
may be expended for the following--</DELETED>
<DELETED> (i) assisting local reclamation
districts in reconstructing Delta levees to a
base level of protection (not to exceed
$20,000,000);</DELETED>
<DELETED> (ii) enhancing the stability of
levees that have particular importance in the
system through the Delta Levee Special
Improvement Projects program (not to exceed
$20,000,000);</DELETED>
<DELETED> (iii) developing best management
practices to control and reverse land
subsidence on Delta islands (not to exceed
$1,000,000);</DELETED>
<DELETED> (iv) refining the Delta Emergency
Management Plan (not to exceed
$1,000,000);</DELETED>
<DELETED> (v) developing a Delta Risk
Management Strategy after assessing the
consequences of Delta levee failure from
floods, seepage, subsidence, and earthquakes
(not to exceed $500,000);</DELETED>
<DELETED> (vi) developing a strategy for
reuse of dredged materials on Delta islands
(not to exceed $1,500,000);</DELETED>
<DELETED> (vii) evaluating, and where
appropriate, rehabilitating the Suisun Marsh
levees (not to exceed $6,000,000);
and</DELETED>
<DELETED> (viii) integrated flood
management, ecosystem restoration, and levee
protection projects, including design and
construction of lower San Joaquin River and
lower Mokelumne River floodway improvements and
other projects under the Sacramento-San Joaquin
Comprehensive Study (not to exceed
$20,000,000);</DELETED>
<DELETED> (K) Science.--Of the amounts authorized to
be appropriated for fiscal years 2004 through 2007
under this Act, no more than $50,000,000 may be
expended for the following--</DELETED>
<DELETED> (i) establishing and maintaining
an independent science board, technical panels,
and standing boards to provide oversight and
peer review of the program;</DELETED>
<DELETED> (ii) conducting expert evaluations
and scientific assessments of all program
elements;</DELETED>
<DELETED> (iii) coordinating existing
monitoring and scientific research
programs;</DELETED>
<DELETED> (iv) developing and implementing
adaptive management experiments to test, refine
and improve scientific
understandings;</DELETED>
<DELETED> (v) establishing performance
measures, and monitoring and evaluating the
performance of all program elements;
and</DELETED>
<DELETED> (vi) preparing an annual Science
Report.</DELETED>
<DELETED> (L) Program management, oversight, and
coordination.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $25,000,000 may be expended by
the Secretary, acting through the Director of the
Calfed Bay-Delta Program, for the following--</DELETED>
<DELETED> (i) program-wide tracking of
schedules, finances, and performance;</DELETED>
<DELETED> (ii) multi-agency oversight and
coordination of Calfed activities to ensure
program balance and integration;</DELETED>
<DELETED> (iii) 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;</DELETED>
<DELETED> (iv) coordination of public
outreach and involvement, including tribal,
environmental justice, and public advisory
activities under the Federal Advisory Committee
Act; and</DELETED>
<DELETED> (v) development of Annual
Reports.</DELETED>
<DELETED> (M) Diversification of water supplies.--Of
the amounts authorized to be appropriated for fiscal
years 2004 through 2007 under this Act, no more than
$30,000,000 may be expended to diversify sources of
level 2 refuge supplies and modes of delivery to
refuges, and to acquire additional water for level 4
refuge supplies.</DELETED>
<DELETED> (4) Authorized actions.--The Secretary and the
Federal agency heads are authorized to carry out the activities
authorized by this Act through the use of grants, loans,
contracts, and cooperative agreements with Federal and non-
Federal entities where the Secretary or Federal agency head
determines that the grant, loan, contract, or cooperative
agreement will assist in implementing the authorized activity
in an efficient, timely, and cost-effective manner. Provided,
however, that such activities shall not include construction
unless the United States is a party to the contract for
construction.</DELETED>
<DELETED>SEC. 4. MANAGEMENT.</DELETED>
<DELETED> (a) Coordination.--In carrying out the Calfed Bay-Delta
Program, the Federal agencies shall coordinate their activities with
the State agencies.</DELETED>
<DELETED> (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 a federally chartered
advisory committee or other appropriate means, to seek input on program
elements such as planning, design, technical assistance, and
development of peer review science programs.</DELETED>
<DELETED> (c) Science.--In carrying out the Calfed Bay-Delta
Program, the Federal agencies shall seek to ensure, to the maximum
extent practicable, that--</DELETED>
<DELETED> (1) all major aspects of implementing the Program
are subjected to credible and objective scientific review;
and</DELETED>
<DELETED> (2) major decisions are based upon the best
available scientific information.</DELETED>
<DELETED> (d) Governance.--In carrying out the Calfed Bay-Delta
Program, the Secretary and the Federal agency heads are authorized to
become voting members of the California Bay-Delta Authority, as
established in the California Bay-Delta Authority Act (2002 Cal. Stat.
Chap. 812), to the extent consistent with Federal law. Nothing in this
subsection shall preempt or otherwise affect any Federal law or limit
the statutory authority of any Federal agency: Provided, That the
California Bay-Delta Authority shall not be deemed to be an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App. 1) and the financial interests of the California Bay-Delta
Authority shall not be imputed to any Federal official participating in
such Authority.</DELETED>
<DELETED> (e) Environmental Justice.--Consistent with Executive
Order 12898 pertaining to Federal Actions to Address Environmental
Justice in Minority and Low-Income Populations, it is the intent of the
Congress that the Federal and State agencies should continue to
collaborate to develop a comprehensive environmental justice workplan
for the Calfed Bay-Delta Program and fulfill the commitment to
addressing environmental justice challenges referred to in the Calfed
Bay-Delta Program Environmental Justice Workplan dated December 13,
2000.</DELETED>
<DELETED> (f) Land Acquisition.--Before obligating or expending any
Federal funds to acquire land for the Ecosystem Restoration Program,
the Secretary shall first determine that existing Federal land, State
land, or other public land is not available for the project purpose.
Private land acquisitions shall prioritize easements over acquisitions
of fee title unless easements are unavailable or unsuitable for the
stated purpose.</DELETED>
<DELETED> (g) Status Reports.--The Secretary shall report monthly on
the Authority's progress in achieving the water supply targets as
described in Section 2.2.4 of the Record of Decision, the environmental
water account requirements as described in Section 2.2.7, and the water
quality targets as described in Section 2.2.9, and any pending actions
that may affect the Authority's ability to achieve those targets and
requirements.</DELETED>
<DELETED>SEC. 5. REPORTING REQUIREMENTS.</DELETED>
<DELETED> (a) Report and Certification by Calfed.--The Secretary, in
cooperation with the Governor, shall submit a report of the California
Bay-Delta Authority by December 15 of each year to the appropriate
authorizing and appropriating Committees of the Senate and the House of
Representatives that describes the status of implementation of all
components of the Calfed Bay-Delta Program and that certifies whether
or not the Calfed Bay-Delta Program is progressing in a balanced manner
which allows all program components to be advanced, including
additional water supply, ecosystem restoration, and water quality. The
Secretary's report shall describe--</DELETED>
<DELETED> (1) 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;</DELETED>
<DELETED> (2) the status of implementation of all components
of the Calfed Bay-Delta Program;</DELETED>
<DELETED> (3) expenditures in the past fiscal year and year
to date for implementing the Calfed Bay-Delta Program;
and</DELETED>
<DELETED> (4) accomplishments in the past fiscal year and
year to date in achieving the objectives of additional and
improved--</DELETED>
<DELETED> (A) water storage;</DELETED>
<DELETED> (B) water quality;</DELETED>
<DELETED> (C) water use efficiency;</DELETED>
<DELETED> (D) ecosystem restoration;</DELETED>
<DELETED> (E) watershed management;</DELETED>
<DELETED> (F) levee system integrity;</DELETED>
<DELETED> (G) water transfers;</DELETED>
<DELETED> (H) water conveyance; and</DELETED>
<DELETED> (I) water supply reliability.</DELETED>
<DELETED>The report shall discuss the status of Calfed Bay-Delta
Program goals, current schedules, and relevant financing
agreements.</DELETED>
<DELETED> (b) Statement of Balance.--Substantial progress in each of
the categories listed in subsection (a) shall be considered in
determining whether the Calfed Bay-Delta Program is proceeding in a
balanced manner for purposes of making the certification provided for
in subsection (a). In addition, in making such certification the
Secretary, in cooperation with the Governor, shall prepare a statement
of whether the program is in balance which takes into consideration the
following--</DELETED>
<DELETED> (1) status of all Stage 1 actions, including
goals, schedules, and financing agreements;</DELETED>
<DELETED> (2) progress on storage projects, conveyance
improvements, levee improvements, water quality projects, and
water use efficiency programs;</DELETED>
<DELETED> (3) completion of key projects and milestones
identified in the Ecosystem Restoration Program;</DELETED>
<DELETED> (4) development and implementation of local
programs for watershed conservation and restoration;</DELETED>
<DELETED> (5) progress in improving water supply reliability
and implementing the Environmental Water Account;</DELETED>
<DELETED> (6) achievement of commitments under State and
Federal Endangered Species Acts;</DELETED>
<DELETED> (7) implementation of a comprehensive science
program;</DELETED>
<DELETED> (8) progress toward acquisition of the State and
Federal permits, including Clean Water Act section 404(a)
permits, for implementation of projects in all identified
program areas;</DELETED>
<DELETED> (9) progress in achieving benefits in all
geographic regions covered by the Program;</DELETED>
<DELETED> (10) legislative action on water transfer,
groundwater management, water use efficiency, and governance
issues;</DELETED>
<DELETED> (11) status of complementary actions;</DELETED>
<DELETED> (12) status of mitigation measures; and</DELETED>
<DELETED> (13) revisions to funding commitments and program
responsibilities.</DELETED>
<DELETED> (c) Revised Schedule.--If the report provided for in
subsection (a) and the statement of balance provided for in subsection
(b) conclude that the Calfed Bay-Delta Program is not progressing in a
balanced manner so that no certification of balanced implementation can
be made, the California Bay-Delta Authority shall prepare a revised
schedule to ensure the Calfed Bay-Delta Program will progress in a
balanced manner consistent with the intent of the Record of Decision.
This revised schedule shall be subject to approval by the Secretary and
the Governor, and upon such approval, shall be submitted to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives.</DELETED>
<DELETED> (d) Feasibility Studies.--Any feasibility studies
completed for storage projects as a result of this Act shall include
identification of project benefits and beneficiaries and a cost
allocation plan consistent with the beneficiaries pay provisions of the
Record of Decision.</DELETED>
<DELETED> (e) Financial Summary.--In addition to the report required
pursuant to subsection (a), no later than February 15 of each year the
Secretary 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 a detailed accounting of
all funds received and obligated by all Federal and State agencies
responsible for implementing the Calfed Bay-Delta Program in the
previous fiscal year, 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 authorized under this Act, and a listing of all projects to be
undertaken in the upcoming fiscal year with the Federal portion of
funds authorized under this Act.</DELETED>
<DELETED> (f) Report.--Prior to December 2004, the Secretary, after
consultation with the Governor and the Federal agency heads, shall
submit a report to Congress that--</DELETED>
<DELETED> (1) details the accomplishments of the Calfed Bay-
Delta Program to date;</DELETED>
<DELETED> (2) identifies the specific steps that remain to
be undertaken in the Program;</DELETED>
<DELETED> (3) sets forth the specific funding levels and
sources to accomplish such steps; and</DELETED>
<DELETED> (4) makes such recommendations as may be necessary
to accomplish the goals and objectives of the continuing Calfed
Bay-Delta Program.</DELETED>
<DELETED>SEC. 6. CROSSCUT BUDGET AND AUTHORIZATION OF
APPROPRIATIONS.</DELETED>
<DELETED> (a) Crosscut Budget.--The President's Budget shall include
requests for the appropriate level of funding for each of the Federal
agencies to carry out its responsibilities under the Calfed Bay-Delta
Program. Such funds shall be requested for the Federal agency with
authority and programmatic responsibility for the obligation of such
funds, as set forth in section 3(c)(2). At the time of submission of
the President's Budget to the Congress, the Director of the Office of
Management and Budget shall submit to the appropriate authorizing and
appropriating committees of the Senate and the House of Representatives
and interagency budget crosscut report that 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 Act. The report shall also identify all expenditures since 1996
within the Federal and State governments used to achieve the objectives
of the Calfed Bay-Delta Program.</DELETED>
<DELETED> (b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary and the heads of the Federal
agencies $880,000,000 to pay the Federal share of carrying out Stage 1
of the Record of Decision for fiscal years 2004 through 2007, in
accordance with the provisions of this Act. The funds shall remain
available without fiscal year limitation.</DELETED>
<DELETED>SEC. 7. FEDERAL SHARE OF COSTS.</DELETED>
<DELETED> The Federal share of the cost of implementing Stage 1 of
the Calfed Bay-Delta Program as set forth in the Record of Decision
shall not exceed 33.3 percent.</DELETED>
<DELETED>SEC. 8. COMPLIANCE WITH STATE AND FEDERAL LAW.</DELETED>
<DELETED> Nothing in this Act preempts or otherwise affects any
Federal or State law, including any authority of a Federal agency to
carry out activities related to, or in furtherance of, the Calfed Bay-
Delta Program.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Calfed Bay-Delta Authorization
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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 and the California Bay-Delta Authority Act
(Cal. Water Code Sec. 79400 et seq.).
(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) Environmental water account.--The term ``Environmental
Water Account'' means the Cooperative Management Program
established under the Record of Decision to provide water, in
addition to the quantity of the regulatory baseline, to protect
and restore Delta fisheries.
(4) 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.
(5) Governor.--The term ``Governor'' means the Governor of
the State of California.
(6) Record of decision.--The term ``Record of Decision''
means the Calfed Bay-Delta Program Record of Decision, dated
August 28, 2000.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of
California.
(9) 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. 3. BAY DELTA PROGRAM.
(a) In General.--
(1) Record of decision as framework.--The Record of
Decision is approved as a framework for addressing the Calfed
Bay-Delta Program, including its components relating to water
storage, ecosystem restoration, water supply reliability,
conveyance, water use efficiency, water quality, water
transfers, watersheds, the Environmental Water Account, levee
stability, governance, and science.
(2) Requirements.--The Secretary and the heads of the
Federal agencies are authorized to carry out the activities
described in subsection (b) subject to--
(A) the constraints of the Record of Decision; and
(B) the requirements that Program activities
consisting of protecting drinking water quality,
restoring ecological health, improving water supply
reliability (including additional storage and
conveyance), and protecting Delta levees will progress
in a balanced manner.
(b) Authorized Activities.--
(1) In general.--The Secretary and the heads of the Federal
agencies are authorized to carry out the activities described
in paragraphs (2) through (5) 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 Act, if the
activity has been--
(A) subject to environmental review and approval,
as required under applicable Federal and State law; and
(B) approved and certified by the relevant Federal
agency, following consultation and coordination with
the California Bay-Delta Authority, to be consistent
with the Record of Decision.
(2) Authorizations for federal agencies under applicable
law.--
(A) Secretary of the interior.--The Secretary of
the Interior is authorized to carry out the activities
described in subparagraphs (A) through (J) of paragraph
(3), 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.
(B) Administrator of the environmental protection
agency.--The Administrator of the Environmental
Protection Agency is authorized to carry out the
activities described in subparagraphs (C), (E), (F),
(G), (H), and (I) of paragraph (3), 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.
(C) Secretary of the army.--The Secretary of the
Army is authorized to carry out the activities
described in subparagraphs (A), (B), (F), (G), (H), and
(I) of paragraph (3), to the extent authorized under
flood control, water resource development, and other
applicable law.
(D) Secretary of commerce.--The Secretary of
Commerce is authorized to carry out the activities
described in subparagraphs (B), (F), (G), and (I) of
paragraph (3), 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.
(E) Secretary of agriculture.--The Secretary of
Agriculture is authorized to carry out the activities
described in subparagraphs (C), (E), (F), (G), (H), and
(I) of paragraph (3), 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.
(3) Description of activities under applicable law.--
(A) Water storage.--Activities under this
subparagraph 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) Conveyance.--
(i) South delta actions.--In the case of
the South Delta, activities under this clause
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;
(cc) design and construct
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) design and construction of
lower San Joaquin River floodway
improvements;
(IV) installation and operation of
temporary barriers in the south Delta
until fully operable barriers are
constructed;
(V) actions to protect navigation
and local diversions not adequately
protected by temporary barriers; and
(VI) actions identified in
subclause (I) or other actions
necessary to offset the degradation of
drinking water quality or adverse
impacts to fishery protection in the
Delta due to the South Delta
Improvements Program.
(ii) North delta actions.--In the case of
the North Delta, activities under this clause
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) design and construction of
lower Mokelumne River floodway
improvements.
(iii) Interties.--Activities under this
clause 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; 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.
(C) Water use efficiency.--Activities under this
subparagraph consist of--
(i) water conservation projects that
provide water supply reliability, water
quality, and ecosystem benefits to the Bay-
Delta system;
(ii) technical assistance for urban and
agricultural water conservation projects;
(iii) water recycling and desalination
projects, including 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;
(iv) water measurement and transfer
actions; and
(v) certification of implementation of best
management practices for urban water
conservation.
(D) Water transfers.--Activities under this
subparagraph consist of--
(i) increasing the availability of existing
facilities for water transfers;
(ii) lowering transaction costs through
permit streamlining; and
(iii) maintaining a water transfer
information clearinghouse.
(E) Integrated regional water management plans.--
Activities under this subparagraph 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.
(F) Ecosystem restoration.--Activities under this
subparagraph 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;
(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
reduce 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.
(G) Watersheds.--Activities under this subparagraph
consist of--
(i) building local capacity to assess and
manage watersheds affecting the Calfed Bay-
Delta system;
(ii) technical assistance for watershed
assessments and management plans; and
(iii) developing and implementing locally-
based watershed conservation, maintenance, and
restoration actions.
(H) Water quality.--Activities under this
subparagraph consist of--
(i) addressing drainage problems in the San
Joaquin Valley to improve downstream water
quality (including habitat restoration projects
that reduce drainage and 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 clause;
(ii) implementation of source control
programs in the Delta and its tributaries;
(iii) 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;
(iv) investing in treatment technology
demonstration projects;
(v) controlling runoff into the California
aqueduct, the Delta-Mendota Canal, and other
similar conveyances;
(vi) addressing water quality problems at
the North Bay Aqueduct;
(vii) supporting and participating in the
development of projects to enable San Francisco
Bay Area water districts 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 clause;
(viii) development of water quality
exchanges and other programs to make high
quality water available for urban and other
users; and
(ix) development and implementation of a
plan to meet all water quality standards for
which the Federal and State water projects have
responsibility.
(I) Science.--Activities under this subparagraph
consist of--
(i) establishing and maintaining an
independent science board, technical panels,
and standing boards to provide oversight and
peer review of the Program;
(ii) conducting expert evaluations and
scientific assessments of all Program elements;
(iii) coordinating existing monitoring and
scientific research programs;
(iv) developing and implementing adaptive
management experiments to test, refine, and
improve scientific understandings;
(v) establishing performance measures, and
monitoring and evaluating the performance of
all Program elements; and
(vi) preparing an annual science report.
(J) Diversification of water supplies.--Activities
under this subparagraph consist of actions to--
(i) diversify sources of level 2 refuge
supplies and modes of delivery to refuges; and
(ii) acquire additional water for level 4
refuge supplies.
(4) New and expanded authorizations for federal agencies.--
(A) In general.--The heads of the Federal agencies
described in this paragraph are authorized to carry out
the activities described in paragraph (5) during each
of fiscal years 2005 through 2010, in coordination with
the Bay-Delta Authority.
(B) Secretary of the interior.--The Secretary of
the Interior is authorized to carry out the activities
described in subparagraphs (A), (B), and (D) of
paragraph (5).
(C) 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 paragraph (5)(D).
(D) Secretary of the army.--The Secretary of the
Army is authorized to carry out the activities
described in subparagraph (C) and (D) of paragraph (5).
(5) Description of activities under new and expanded
authorizations.--
(A) Conveyance.--Of the amounts authorized to be
appropriated under section 8, not more than
$184,000,000 may be expended for--
(i) feasibility studies, evaluation, and
implementation of the San Luis Reservoir
lowpoint improvement project, except that
Federal participation in any expansion of the
Pacheco Reservoir shall be subject to future
congressional authorization;
(ii) feasibility studies and actions at
Franks Tract to improve water quality in the
Delta;
(iii) feasibility studies and design of
fish screen and intake facilities at Clifton
Court Forebay and the Tracy Pumping Plant
facilities; and
(iv) feasibility studies to investigate the
recirculation of export water to reduce
salinity and improve dissolved oxygen in the
San Joaquin River.
(B) Environmental water account.--Of the amounts
authorized to be appropriated under section 8, not more
than $90,000,000 may be expended for implementation of
the Environmental Water Account.
(C) Levee stability.--Of the amounts authorized to
be appropriated under section 8, not more than
$90,000,000 may be expended for--
(i) reconstructing Delta levees to a base
level of protection;
(ii) enhancing the stability of levees that
have particular importance in the system
through the Delta Levee Special Improvement
Projects program;
(iii) developing best management practices
to control and reverse land subsidence on Delta
islands;
(iv) refining the Delta Emergency Plan;
(v) developing a Delta Risk Management
Strategy after assessing the consequences of
Delta levee failure from floods, seepage,
subsidence, and earthquakes;
(vi) developing a strategy for reuse of
dredged materials on Delta islands;
(vii) evaluating, and where appropriate,
rehabilitating the Suisun Marsh levees; and
(viii) integrated flood management,
ecosystem restoration, and levee protection
projects, including design and construction of
lower San Joaquin River and lower Mokelumne
River floodway improvements and other projects
under the Sacramento-San Joaquin Comprehensive
Study.
(D) Program management, oversight, and
coordination.--
(i) In general.--Of the amounts authorized
to be appropriated under section 8, 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.
(ii) Program-wide activities.--Of the
amount referred to in clause (i), 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. 4. MANAGEMENT.
(a) Coordination.--In carrying out the Calfed Bay-Delta Program,
the Federal agencies shall coordinate their activities with the State
agencies.
(b) Public Participation.--In carrying out the Calfed Bay-Delta
Program, the Federal agencies shall 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
implementation.
(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. 5. REPORTING REQUIREMENTS.
(a) Report.--
(1) In general.--Not later than February 15 of each year,
the Secretary, in cooperation with the Governor and the
California Bay-Delta Authority, 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); and
(C) includes any revised schedule prepared under
subsection (b).
(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;
(iii) water use efficiency;
(iv) ecosystem restoration;
(v) watershed management;
(vi) levee system integrity;
(vii) water transfers;
(viii) water conveyance; and
(ix) water supply reliability;
(E) Program goals, current schedules, and relevant
financing agreements;
(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;
(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 the issues of--
(i) water transfers;
(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 and the Calfed
Bay-Delta Authority, 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, the Governor, or the Calfed Bay-Delta Authority
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, the Governor, and the
Calfed Bay-Delta Authority, 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 Act shall include identification of project benefits and
a cost allocation plan consistent with the beneficiaries pay provisions
of the Record of Decision.
SEC. 6. CROSSCUT BUDGET.
(a) In General.--The budget of the President shall include requests
for the appropriate level of funding for each of the Federal agencies
to carry out the responsibilities of the Federal agency 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 paragraphs (2) through
(5) of section 3(b).
(c) Report.-- At the time of submission of the budget of the
President to Congress, the Director of the Office of Management and
Budget, in coordination with the Authority, 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 intraagency 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 Act; and
(B) identifies all expenditures since 2000 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 section 3(b); and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities under section 3(b).
SEC. 7. FEDERAL SHARE OF COSTS.
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.
SEC. 8. 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 paragraphs
(4) and (5) of section 3(b) $389,000,000 for the period of fiscal years
2005 through 2010, to remain available until expended.
Calendar No. 523
108th CONGRESS
2d Session
S. 1097
[Report No. 108-268]
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
_______________________________________________________________________
May 20, 2004
Reported with an amendment