[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5130 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5130

To authorize the Secretary of the Interior to provide cost sharing for 
          the CALFED water enhancement programs in California.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2000

Mr. Doolittle (for himself, Mr. Calvert, Mr. Pombo, Mr. Radanovich, Mr. 
   Packard, and Mr. Thomas) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
  Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to provide cost sharing for 
          the CALFED water enhancement programs in California.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``CALFED Extension Act of 2000''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize funding for the Secretary 
of the Interior to continue the implementation of ecosystem protection 
programs, and development of water supply enhancement projects 
critically needed to improve water supply and water quality for 
California. This authorization will ensure that the program emphasizes 
well-grounded sound science for decisions and actions.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Banks Pumping Plant'' means the plant 
        operated by the State of California for operation of the state 
        project.
            (2) The term ``Environmental Water Account'' means the 
        CALFED Agencies sponsored water account established to provide 
        water for the protection and recovery of fish beyond water 
        available through existing regulatory actions, at no 
        uncompensated water cost to the water users, in the Central 
        Valley system.
            (3) The term ``CALFED Agencies'' means both Federal and 
        State Agencies.
            (4) The term ``Central Valley System'' means the waters 
        entering and supplied by the San Joaquin and Sacramento Valley 
        watershed and the lands within the watershed.
            (5) The term ``Congressional Committees'' means the Senate 
        Committee on Energy and Natural Resources, Senate 
        Appropriations Subcommittee on Energy and Water, House 
        Resources Committee, and the House Appropriations Subcommittee 
        on Energy and Water Development.
            (6) The term ``Federal Agencies'' means the Federal 
        agencies as identified in the Record of Decision.
            (7) The term ``Record of Decision'' means the Federal 
        record of decision issued August 28, 2000, pursuant to the 
        National Environmental Policy Act, the State certification of 
        the final programmatic environmental impact statement, 
        environmental impact report for the CALFED Bay-Delta Program, 
        and the Notice of September 7, 2000, determination issued 
        pursuant to the California Environmental Quality Act.
            (8) The term ``Secretary'' means the Secretary of Interior.
            (9) The term ``State Agencies'' means the Federal Agencies 
        as identified in the Record of Decision.
            (10) The term ``Tracy Pumping Plant'' means the pumping 
        plant utilized by the Federal Government to provide water for 
        the Central Valley Project.
            (11) The term ``Vernalis flows'' means the agreement 
        regarding the flows in the San Joaquin River measured at 
        Vernalis during April and May being a one-to-one ratio to 
        amounts pumped from the Tracy Pumping Plant.
            (12) The term ``Yield'' means a quantity of water supply, 
        either derived from recycling existing sources, stored in a 
        reservoir, or by other means that is reliably available in 
        critically dry years. Conservation, land retirement, transfers, 
        groundwater, increased delta pumping, and other such water 
        management tools that generate additional or new water supplies 
        shall be considered in characterizing yield.

SEC. 4. WATER SYSTEM IMPROVEMENTS.

    (a) In General.--The Federal Agencies, acting through the CALFED 
Bay-Delta Program, shall develop a balanced and timely program designed 
to achieve increased water supply, system reliability, water quality, 
water use efficiency, water transfers, levee protection, and 
environmental benefits. In meeting the need for balance, funding for 
water supply enhancements and environmental benefits shall proceed 
concomitantly so that adequate progress is made in each area.
    (b) Water Supply.--The Federal Agencies are directed to ensure that 
Federal participation in the CALFED Bay-Delta Program results in 
continuous, measurable, and significant benefits in increased water 
supply yield, water system reliability, and improved water quality for 
agricultural and urban uses throughout the Central Valley system. In 
developing such water supply benefits, funding for water storage 
development and conveyance facilities located in the Central Valley and 
Bay-Delta, will occur together. In developing water supply options the 
Federal Agencies shall consider all potential storage alternatives and 
utilize a cost/benefit analysis in conjunction with environmental 
criteria to ensure that proposals are selected which address 
environmental issues and are economically viable.

SEC. 5. PROGRAM MANAGEMENT.

    (a) Long-Term Solution.--Nothing in this Act shall be deemed to 
diminish the Federal interest in, and responsibility for, working with 
the State of California through the CALFED Bay-Delta Program in 
developing, funding, and implementing a balanced, long-term solution 
for increased water supply, system reliability, water quality, water 
use efficiency, water transfers, levee protection, and environmental 
benefits in the Central Valley system in California. Participation in 
such long-term solution shall only be undertaken pursuant to 
authorization provided by law other than this Act, and shall be based 
on the equitable allocation of program costs among beneficiary groups 
that the CALFED Bay-Delta programs shall develop.
    (b) CALFED Governance.--It is the intent of Congress that the 
Federal Government and the State of California will work together to 
develop a joint structure for managing CALFED operations. To achieve 
that goal, the Federal Agencies are directed to participate with the 
State Agencies to develop a proposed structure that will be authorized 
by both Congress and the California Legislatures prior to becoming 
effective. In developing such a proposal, the CALFED Agencies are 
directed to make such a recommendation to Congress and the California 
Legislatures by May 30, 2001. The Federal Agencies are directed to take 
steps that will encourage broad public and local government involvement 
in developing the CALFED governance proposal. Whenever feasible, 
meetings of multiple CALFED Agencies to develop program goals or 
determine operational criteria shall be open to the public.

SEC. 6. ENVIRONMENTAL WATER MANAGEMENT.

    (a) The Federal Agencies are directed to manage the Environmental 
Water Account (EWA) established in the Record of Decision to reduce the 
risk of water supply deliveries disruptions, to reduce Delta water 
quality degradation, and to mitigate such impacts.
    (b) If the water purchase targets for the Environmental Water 
Account are not met, then:
            (1) to meet the needs of endangered species act biological 
        opinions in effect as of December 15, 1994, and California's 
        1995 Water Quality Control Plan for the Sacramento-San Joaquin 
        Delta (WQCP-SSJD), the Federal Agencies, in coordination with 
        the State of California, shall develop flexible operational 
        procedures that increase the pumping rate and times to mitigate 
        any losses that would otherwise accrue.
            (2) To meet the needs of the endangered species act 
        listings which occurred after December 15, 1994, and 
        California's 1995 WQCP-SSJD additional water needs will be 
        provided by the Federal Government through water acquisitions 
        on a willing seller basis and financed by Federal funds.
            (3) Any water supply losses resulting from pumping 
        curtailments at the Tracy Pumping Plant to achieve a one-to-one 
        pumping ratio in relation to San Joaquin River/Vernalis flows 
        shall be considered water dedicated and managed under Public 
        Law 102-575, section 3406(b)(2). Any pumping reductions at the 
        Banks Pumping Plant to achieve such ratios shall be made up 
        with water provided by the Federal Government from Federal 
        funds.

SEC. 7. LAND ACQUISITION.

    Prior to acquiring land as part of the CALFED program, the CALFED 
Agencies shall first determine that Federal- or State-owned land is not 
available to achieve identified CALFED program objectives. If private 
lands are proposed for acquisition, the Federal Agencies shall ensure 
that all Payments In Lieu of Taxes on existing Federal lands within the 
county where the land is to be acquired are currently paid. In 
determining whether to acquire additional lands for the CALFED program, 
the CALFED Agencies shall consider the cumulative impact on the local 
government and communities of transferring the property into government 
ownership and mitigate such impacts.

SEC. 8. LIST OF PROPOSED FEDERAL EXPENDITURES.

    The Secretary shall transmit to the Congressional Committees for 
each fiscal year, by no later than the submission of the budget for the 
fiscal year under section 1105 of title 31, United States Code, a 
report for the proposed projects to be carried out with the Federal 
portion of the funds to be appropriated pursuant to this Act for the 
upcoming fiscal year. The report shall separately specify all projects 
supported by Federal funding. For such projects the Secretary shall 
provide a summary of the recommendations provided by the Bay-Delta 
Advisory Committee, the Ecosystem Roundtable, and other members of the 
public commenting on the projects.

SEC. 9. ANNUAL REPORTS.

    (a) State Reports.--On January 1, 2001, the Governor of California 
shall account for all monies received from the Federal FY 2000 budget 
in a written report to the Secretary of the Interior. The report shall 
include, a description of all projects and activities receiving funds 
under this Act, as well as any unexpended funds.
    (b) Report to Congress.--On January 1, 2001, the Secretary shall 
provide to Congress a report regarding CALFED Bay-Delta Program 
expenditures and accomplishments in achieving increased water supply, 
system, reliability, water quality, water use efficiency, water 
transfers, levee protection, and environmental benefits.

SEC. 10. PROGRAM FUNDING.

    (a) Authorization of Appropriations.--For fiscal year 2001 there is 
authorized to be appropriated to the Secretary of the Interior 
$60,000,000. Funds appropriated pursuant to this section may remain 
available until expended.
    (b) Treatment of Funds.--Funds authorized to be appropriated 
pursuant to this section to those Federal Agencies that are currently 
or subsequently become participants in the CALFED Bay-Delta Program 
shall be in addition to the baseline funding levels established for 
currently authorized projects and programs under the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575) and other 
currently authorized Federal programs for the purposes of Bay-Delta 
ecosystem protection and restoration.

SEC. 11. PROGRAM RESPONSIBILITIES.

    (a) Coordination.--To the extent not otherwise authorized, those 
agencies and departments that are currently or subsequently become 
participants in the CALFED Bay-Delta Program are hereby authorized to 
undertake the activities and programs for which Federal cost sharing is 
provided by this Act. The United States shall continue coordinated 
consultations and negotiations with the State of California pursuant to 
the cost-sharing agreement required by section 78684.10 of California 
Senate Bill 900, Chapter 135, Statutes of 1996, signed by the Governor 
of California on July 11, 1996. In addition, the Federal Agencies shall 
work with local governments and the public to seek their input on 
program elements. Such activities shall include, but not be limited to, 
planning, design, technical assistance, construction for ecosystem 
restoration programs and projects, and the development of a peer review 
science program.
    (b) Budget Crosscut.--By November 1, 2000, the Office of Management 
and Budget is directed to submit to the Congressional Committees, an 
interagency budget crosscut report that displays the proposed Federal 
spending for fiscal year 2001 on ecosystem restoration and other 
purposes in the Bay-Delta region, that identifies all expenditures with 
the State and Federal Governments used to achieve the objectives 
identified with the CALFED program. The report shall be substantially 
in the form transmitted by the Executive Director of CALFED on 
September 16, 1999, to Chairman of the House Resources Water and Power 
Subcommittee. OMB shall produce an update of the September 16, 1999, 
report by no later than January 1, 2001, to display the actual 
expenditures that were made for fiscal year 2000. As part of the 
submission of the budget for fiscal year 2001 under section 1105 of 
title 31, United States Code, OMB shall prepare a similar budget 
crosscut report itemizing the proposed fiscal project level funding for 
year 2001.
    (c) Performance Measures.--CALFED shall provide the Congressional 
Committees by January 1, 2001, a clear statement of goals for long term 
water quality, water supply reliability, and ecosystem restoration.
    CALFED shall also provide ecological monitoring plans and protocols 
to be used for gauging performance of projects funded under this title 
relative to the stated ecological goals. Said monitoring protocols 
shall be compatible with the Comprehensive Monitoring Assessment and 
Research Program and incorporated into all ecosystem projects, grants 
and awards of funds appropriated pursuant to this Act. CALFED shall 
collect all monitoring data and use it to assess the effectiveness of 
the Ecosystem Restoration Program Plan implementation. CALFED Agencies 
shall also ensure that monitoring data collected for projects funded by 
the Central Valley Project Restoration Fund and under other relevant 
authorities are compatible and designed to measure overall trends in 
ecosystem health in the Central Valley system.
    (d) Coordination.--CALFED shall establish a Coordination Program to 
ensure that all relevant Federal programs authorized under this Act and 
other pre-existing authorities coordinate goal-setting, funding, and 
implementation so as to ensure the most efficient and effective 
expenditure of Federal funds for CALFED related activities.
    (e) Objective Science.--The Federal Agencies shall ensure that all 
aspects of the CALFED program components will use credible and 
objective scientific review and will ensure that decisions are based on 
the best available, independent peer-reviewed information.

SEC. 12 COMPLIANCE WITH STATE LAW.

    In carrying out the provisions of this Act, the CALFED Agencies 
shall operate in compliance with California water law. Nothing in this 
act shall be construed to invalidate or preempt State environmental, 
land use, or water law.
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