[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2404 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2404

To authorize Federal agency participation and financial assistance for 
   programs and for infrastructure improvements for the purposes of 
  increasing deliverable water supplies, conserving water and energy, 
restoring ecosystems, and enhancing environmental quality in the State 
                 of California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

 Mr. George Miller of California (for himself, Mr. Lantos, Ms. Eshoo, 
   Ms. Pelosi, Mr. Baca, Mr. Filner, and Ms. Sanchez) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To authorize Federal agency participation and financial assistance for 
   programs and for infrastructure improvements for the purposes of 
  increasing deliverable water supplies, conserving water and energy, 
restoring ecosystems, and enhancing environmental quality in the State 
                 of California, and for other purposes.

    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 ``California Water Quality and 
Reliability Act of 2001''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
                       TITLE I--BAY-DELTA PROGRAM

Sec. 101. Extension of authorization.
Sec. 102. Department of the Interior participation in Bay-Delta 
                            Program.
Sec. 103. Bay-Delta Program governance.
Sec. 104. General authorization of appropriations.
Sec. 105. Program reporting, oversight, and accountability.
                         TITLE II--WATER SUPPLY

Sec. 201. California water supply program.
Sec. 202. Surface water storage feasibility and environmental studies.
Sec. 203. Water recycling and water reuse projects and water 
                            desalination demonstration projects.
Sec. 204. Groundwater banking demonstration projects.
Sec. 205. Authorization of appropriations.
              TITLE III--ENVIRONMENTAL RESTORATION PROGRAM

Sec. 301. Requirement to carry out program.
Sec. 302. Performance objectives for fish and wildlife.
Sec. 303. Funding.
Sec. 304. Timing of water exports from Sacramento-San Joaquin Delta.
Sec. 305. Authorization of appropriations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Bay-delta program.--The term ``Bay-Delta Program'' 
        means the programs, projects, and activities described in the 
        Record of Decision.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (3) Program.--The term ``Program'' means the California 
        Water Supply Program under section 201.
            (4) Record of decision.--The term ``Record of Decision'' 
        means the Federal Record of Decision dated August 28, 2000, 
        relating to the Bay-Delta Program, issued under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Stage 1.--The term ``Stage 1'' means Stage 1 of the 
        Bay-Delta Program as that term is defined and used in the 
        Record of Decision.
            (7) State.--The term ``State'' means the State of 
        California and the departments and agencies of the State that 
        participate in the Bay-Delta Program.

                       TITLE I--BAY-DELTA PROGRAM

SEC. 101. EXTENSION OF AUTHORIZATION.

    Section 1101(a) of Division I of the Omnibus Parks and Public Lands 
Management Act of 1996 (Public Law 104-333; 110 Stat. 4241) is amended 
in the first sentence by striking ``For each of the fiscal years 1998, 
1999, and 2000 there are authorized to be appropriated an additional 
$143,300,000'' and inserting ``For fiscal years 1998 through 2006, 
there are authorized to be appropriated a total of $429,900,000 
(including amounts appropriated before the date of the enactment of the 
California Water Quality and Reliability Act of 2001)''.

SEC. 102. DEPARTMENT OF THE INTERIOR PARTICIPATION IN BAY-DELTA 
              PROGRAM.

    The Secretary may--
            (1) participate in the governance and administration of the 
        Bay-Delta Program as provided in the Record of Decision, except 
        as otherwise provided in this Act; and
            (2) perform all actions necessary to implement Stage 1 of 
        the Bay-Delta Program Record of Decision, within the 
        limitations and approval requirements set forth in this Act.

SEC. 103. BAY-DELTA PROGRAM GOVERNANCE.

    (a) Compliance With Implementation MOU.--The Secretary shall 
implement the Record of Decision in accordance with the terms of 
Attachment 3 to the Record of Decision entitled, ``Implementation 
Memorandum of Understanding'', and dated August 28, 2000, until 
otherwise provided by law.
    (b) Proposal for Long-Term Governance.--The Secretary shall, no 
later than June 1, 2002, and in consultation with other Federal 
agencies, develop jointly with the State of California and submit to 
the Congress a proposal for long-term governance of the Bay-Delta 
Program.

SEC. 104. GENERAL AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--For activities required to be conducted by Federal 
agencies under the Record of Decision that are not expressly authorized 
by this Act and the amendments made by this Act, there are authorized 
to be appropriated to the Secretary $100,000,000 for each of fiscal 
years 2002 through 2006.
    (b) Transfers.--The Secretary shall transfer to a Federal official 
responsible for conducting an activity under the Record of Decision any 
amounts appropriated under this section for such activity.

SEC. 105. PROGRAM REPORTING, OVERSIGHT, AND ACCOUNTABILITY.

    (a) Report.--Beginning on February 15, 2002, and annually on that 
date thereafter through 2007, the Secretary, in consultation with the 
Director of the Office of Management and Budget, other Federal 
agencies, the Governor, and the State, and other interested persons, 
shall submit to the Congress a report that describes the status of 
implementation of all elements of the Bay-Delta Program as described in 
the Record of Decision.
    (b) Contents.--Each report shall contain--
            (1) a detailed description of all funds available to State 
        and Federal agencies for the Bay-Delta Program in the previous 
        fiscal year, including a description of and status report for 
        all projects and activities funded under this Act and other 
        Acts pertaining to implementation of the Record of Decision in 
        that fiscal year; and
            (2) a detailed interagency budget report that displays, by 
        agency and activity, the cumulative Federal spending to date, 
        the unobligated balance of available amounts, and the proposed 
        Federal spending for the fiscal year in which the report is 
        submitted and for each subsequent fiscal year through 2008, for 
        the Bay-Delta Program.

                         TITLE II--WATER SUPPLY

SEC. 201. CALIFORNIA WATER SUPPLY PROGRAM.

    (a) In General.--The Secretary shall carry out a program in 
accordance with this title to achieve the purposes set forth in 
subsection (b). The program shall be known as the California Water 
Supply Program.
    (b) Purposes.--The purposes of the Program are the following:
            (1) Assist in the development of new or enhanced 
        deliverable water supplies in the State of California that 
        are--
                    (A) developed by use of state-of-the-art 
                technology;
                    (B) regional in scope;
                    (C) cost-effective;
                    (D) planned and constructed in response to, and 
                consistent with, the Record of Decision and documented 
                needs for additional water supplies and improved water 
                quality; and
                    (E) consistent with and in compliance with all 
                applicable Federal, State, and local environmental laws 
                and requirements.
            (2) Increase the effectiveness of surface water and 
        groundwater conservation measures throughout the State of 
        California.
            (3) Increase the availability of locally and regionally 
        developed water supplies to improve the reliability of water 
        supplies in California.
            (4) Encourage research and development of new and 
        innovative technologies and methods for water treatment and 
        conservation.
            (5) Establish, as a matter of Federal policy, the objective 
        of reducing, by the year 2020, the maximum annual quantity of 
        water pumped each year for consumptive uses from the Harvey O. 
        Banks and Tracy Pumping Plants.
    (c) Program Elements.--The Program shall be comprised of the 
following elements:
            (1) Surface water storage.--Under section 202, feasibility 
        studies of--
                    (A) new surface water storage projects; and
                    (B) enlargements of existing surface water storage 
                projects.
            (2) Recycling, reuse, and desalination.--Under the 
        amendments made by section 203, studies, research, and 
        development of water recycling and water reuse projects and 
        water desalination demonstration projects.
            (3) Groundwater storage and banking.--In accordance with 
        section 204, studies and implementation of groundwater storage 
        demonstration projects and groundwater banking demonstration 
        projects.
    (d) Construction and Operation of Projects To Achieve Program 
Purposes.--Every project planned or constructed after the date of the 
enactment of this Act in the State of California with Federal financial 
assistance administered by the Secretary, for the purposes of 
developing new water supplies, increasing existing water supplies, 
delivering water for agricultural or municipal and industrial purposes 
pursuant to a contract with the Secretary, or facilitating conveyance 
of water for agricultural or municipal and industrial purposes pursuant 
to a contract with the Secretary, is deemed to be a component of the 
California Water Supply Program, and shall be constructed and operated 
in a manner that will achieve the purposes of the Program.
    (e) Restriction on Expenditures for Construction.--No Federal funds 
may be obligated or expended for construction of a project under the 
Program until the Secretary publishes a finding that there are in 
effect measures, determined to be adequate by the Secretary, to 
conserve surface and groundwater supplies and to manage and control the 
pumping of groundwater within the service area of the project.
    (f) Contents of Studies, Generally.--Feasibility and environmental 
studies for all projects under the Program shall be carried out in 
accordance with generally accepted practices and standards for 
preparation of engineering, environmental, and economic feasibility 
studies, shall comply with the requirements for feasibility studies 
described in section 1604(c) of Public Law 102-575, and in addition 
shall include the following:
            (1) Project description, including--
                    (A) a detailed description of the need for the 
                project;
                    (B) a precise description of the purposes of the 
                project; and
                    (C) a precise identification of who will benefit 
                from water supplies that will be delivered by the 
                project, if any.
            (2) Engineering feasibility and operational studies.
            (3) Final environmental impact studies and reports.
            (4) Finding by the Secretary of consistency with the Record 
        of Decision.
            (5) Identification of the amount of project water, if any, 
        that will be allocated to fish, wildlife, and habitat to 
        support the objectives of--
                    (A) the environmental restoration program 
                authorized by title III; and
                    (B) the Central Valley Project Improvement Act of 
                1992 (106 Stat. 4706).
            (6) Seasonal and annual estimations of project energy 
        consumption and energy costs.
    (g) Additional Study Requirements for Surface Water Storage and 
Conveyance Projects.--Feasibility studies for surface water storage and 
conveyance projects shall include, in addition to the requirements of 
subsection (f), the following:
            (1) Benefit-cost analysis.
            (2) Cost allocation plan, including a description and 
        justification of any costs allocated or categorized as 
        nonreimbursable.
            (3) A finding by the Secretary--
                    (A) regarding the feasibility of recovering the 
                cost of the project from the beneficiaries of the 
                project; and
                    (B) that project beneficiaries are capable of 
                paying all project operation and maintenance expenses 
                for the life of the project.
            (4) A financing and repayment plan that specifies the 
        contribution toward repayment of the properly allocated costs 
        of the project that will be made by each project beneficiary.
            (5) A plan to resolve institutional matters pertaining to 
        the proposed facility, including, at a minimum--
                    (A) ownership of the facility and liability 
                considerations;
                    (B) financial integration with other Federal, 
                State, or local water facilities or projects; and
                    (C) project operational considerations and 
                coordination with other Federal, State, or local water 
                facilities or projects.
    (h) Cost Sharing.--The Federal share of the cost of any project 
feasibility study and environmental studies under the program shall not 
exceed 50 percent of the total cost of the study.

SEC. 202. SURFACE WATER STORAGE FEASIBILITY AND ENVIRONMENTAL STUDIES.

    (a) In General.--The Secretary may carry out under the Program 
feasibility and environmental studies and studies with respect to the 
following:
            (1) Enlarging Shasta Dam and Reservoir, Central Valley 
        Project, California, in a manner that is consistent with the 
        McCloud River Coordinated Resource Management Plan and does not 
        impair the attributes used to qualify the McCloud River as a 
        component of the California Wild and Scenic River System.
            (2) Expanding Los Vaqueros Reservoir, a facility owned and 
        operated by the Contra Costa Water District and located in 
        Contra Costa County, California.
            (3) Construction or acquisition of an in-Delta storage 
        project.
    (b) Requirements Regarding Los Vaqueros Reservoir Study.--The 
feasibility study under subsection (a)(2) shall--
            (1) include plans for replacing lost recreational 
        facilities at the Los Vaqueros Reservoir site and for enhancing 
        recreational facilities in the project area; and
            (2) provide that water supplies from the project--
                    (A) shall be for the purposes of improving water 
                quality and operational flexibility; and
                    (B) shall not be available for export from the 
                Sacramento-San Joaquin Delta.
    (c) Completion.--The Secretary shall complete the feasibility and 
environmental studies under this section no later than 3 years after 
the date of the enactment of this Act.

SEC. 203. WATER RECYCLING AND WATER REUSE PROJECTS AND WATER 
              DESALINATION DEMONSTRATION PROJECTS.

    (a) Miscellaneous New Authorizations.--The Reclamation Wastewater 
and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) is 
amended by adding at the end the following:

``SEC. 1635. CASTAIC LAKE WATER AGENCY RECLAIMED WATER PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Castaic 
Lake Water Agency, California, may participate in the design, planning, 
and construction of the Castaic Lake Water Agency Reclaimed Water 
Project, California, to reclaim and reuse wastewater within and outside 
the service area of the Castaic Lake Water Agency for ecosystem 
restoration, irrigation, recreational, industrial, and other public 
purposes.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.

``SEC. 1636. CLEAR LAKE BASIN WATER REUSE PROJECT.

    ``(a) In General.--The Secretary, in cooperation with Lake County, 
California, may participate in the design, planning, and construction 
of the Clear Lake Basin Water Reuse Project to obtain, store, and use 
reclaimed wastewater in Lake County for ecosystem restoration, 
irrigation, recreational, industrial, and other public purposes.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $9,000,000.

``SEC. 1637. BAY AREA REGIONAL WATER RECYCLING PROGRAM.

    ``(a) In General.--The Secretary may provide assistance to the 
member agencies of the San Francisco Bay Area Regional Water Recycling 
Program to implement the projects identified as `near-term' in the 
December 1999 report entitled, ``San Francisco Bay Area Regional Water 
Recycling Program, Recycled Water Master Plan''.
    ``(b) Agreements.--The Secretary may enter into such agreements as 
are necessary to carry out this section.
    ``(c) Cost Sharing.--The Federal share of the cost of implementing 
the projects referred to in subsection (a) shall not exceed 25 percent 
of the total cost of the projects. The limitation in section 1631(d)(1) 
shall not apply to any project under this section.
    ``(d) Limitation.--Funds provided by the Secretary shall not be 
used for operation and maintenance of any project referred to in 
subsection (a).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $183,250,000 (December 1999 
prices).

``SEC. 1638. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Inland 
Empire Utilities Agency, may participate in the design, planning, and 
construction of the Inland Empire Regional Water Recycling Project 
described in the report submitted under section 1606 to recycle water 
for ecosystem restoration, irrigation, recreational, industrial, and 
other public purposes.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.

``SEC. 1639. SAN PABLO BAYLANDS WATER REUSE PROJECTS.

    ``(a) In General.--The Secretary, in cooperation with Sonoma, Napa, 
Marin, and Solano Counties, California, may participate in the design, 
planning, and construction of water reuse projects, to be known 
collectively as the `San Pablo Baylands Water Reuse Projects', to 
obtain, store, and use reclaimed wastewater for ecosystem restoration, 
irrigation, recreational, industrial, and other public purposes.
    ``(b) Cost Sharing.--The Federal share of the cost of a project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of any project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.

``SEC. 1640. CALIFORNIA WATER RECYCLING PROGRAM.

    ``(a) In General.--The Secretary may provide assistance to the 
State of California in carrying out projects that receive funding under 
chapter 7, article 4, of the Safe Drinking Water, Clean Water, 
Watershed Protection, and Flood Protection Act of the State of 
California to recycle water for ecosystem restoration, irrigation, 
recreational, industrial, and other public purposes.
    ``(b) Agreements.--The Secretary may enter into such agreements as 
are necessary to carry out this section.
    ``(c) Cost Sharing.--The Federal share of the cost of a project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project. The limitation in section 1631(d)(1) shall not 
apply to any project under this section.
    ``(d) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of any project described in 
subsection (a).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000.

``SEC. 1641. ELSINORE VALLEY WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary may provide design and 
construction assistance for a water recycling and reuse project in the 
service area of the Elsinore Valley Municipal Water District, 
California, for use for ecosystem restoration, irrigation, 
recreational, industrial, and other public purposes.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed 25 percent of the total 
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.

``SEC. 1642. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND 
              RECLAMATION PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Chino 
Basin Watermaster, the Inland Empire Utilities Agency, the Western 
Municipal Water District, and the Santa Ana Watershed Project 
Authority, may participate in the design, planning, and construction of 
the Lower Chino Dairy Area Desalination Demonstration and Reclamation 
Project.
    ``(b) Cost Sharing.--The Federal share of the cost of the project 
described in subsection (a) shall not exceed--
            ``(1) 25 percent of the total cost of the project; or
            ``(2) $50,000,000,
whichever is less.
    ``(c) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of the project described in 
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 to carry out this section.

``SEC. 1643. ORANGE COUNTY-HUNTINGTON BEACH DESALINATION DEMONSTRATION 
              PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Municipal 
Water District of Orange County, California, and other local government 
agencies as may be appropriate, may participate in the design, 
planning, and construction of the Orange County-Huntington Beach 
Desalination Demonstration Project.
    ``(b) Agreements.--The Secretary may enter into such agreements as 
are necessary to carry out this section.
    ``(c) Cost Sharing.--The Federal share of the cost of implementing 
the project described in subsection (a) shall not exceed 50 percent of 
the total cost of the project. The limitation in section 1631(d)(1) 
shall not apply to the project under this section.
    ``(d) Limitation.--Funds provided by the Secretary under this 
section shall not be used for operation and maintenance of the project 
described in subsection (a).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 (December 2000 
prices).

``SEC. 1644. CARLSBAD DESALINATION DEMONSTRATION PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the City of 
Carlsbad, California, and the Carlsbad Municipal Water District, may 
participate in the design, planning, and construction of the Carlsbad 
Desalination Demonstration Project.
    ``(b) Agreements.--The Secretary may enter into such agreements as 
are necessary to carry out this section.
    ``(c) Cost Sharing.--The Federal share of the cost of implementing 
the project described in subsection (a) shall not exceed 50 percent of 
the total cost of the project. The limitation in section 1631(d)(1) 
shall not apply to the project under this section.
    ``(d) Limitation.--Funds provided by the Secretary shall not be 
used for operation and maintenance of the project described in 
subsection (a).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 (December 2000 
prices).

``SEC. 1645. RESEARCH CONCERNING WATER REUSE.

    ``(a) In General.--The Secretary, in cooperation with the WateReuse 
Foundation, may develop and carry out a program to conduct research 
concerning water reuse in relation to--
            ``(1) public health;
            ``(2) water quality;
            ``(3) new technology and techniques;
            ``(4) salt management;
            ``(5) economics;
            ``(6) ecosystem restoration; and
            ``(7) other matters relating to the recycling, reuse, 
        desalination, and conservation of water.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000 for each of fiscal 
years 2002 through 2006, to remain available until expended.''.
    (b) West Basin Comprehensive Desalination Demonstration Program 
Authorization.--Section 1605 of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h-3) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) West Basin Comprehensive Desalination Demonstration 
Program.--
            ``(1) In general.--The Secretary, in cooperation with the 
        West Basin Municipal Water District, may participate in the 
        planning, design, and construction of the components of the 
        West Basin Comprehensive Desalination Demonstration Program in 
        Los Angeles County, California.
            ``(2) Federal share.--The Federal share of the cost of the 
        project described in paragraph (1) shall not exceed 50 percent 
        of the total.
            ``(3) Limitation.--The Secretary shall not provide funds 
        for the operation or maintenance of the components described in 
        paragraph (1).''.
    (c) Project Modifications.--
            (1) Los angeles area.--Section 1613 of the Reclamation 
        Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 
        390h-11) is amended by striking subsection (b) and inserting 
        the following:
    ``(b) Water Recycling Project.--
            ``(1) In general.--The Secretary may participate in the 
        design, planning, and construction of a water recycling 
        project, to be known as the `City of Los Angeles Water 
        Recycling Program', to reclaim and reuse wastewater within the 
        city of Los Angeles and surrounding area for ecosystem 
        restoration, irrigation, recreational, industrial, and other 
        public purposes.
            ``(2) Components.--The water recycling project shall 
        consist of--
                    ``(A) the central city project, a multiphase 
                project that may provide up to 4,000 acre-feet per year 
                of recycled water for ecosystem restoration and for 
                industrial, commercial, and irrigation customers near 
                downtown Los Angeles; and
                    ``(B) the harbor water recycling project, a 
                multiphase project that may provide up to 25,000 acre-
                feet per year of recycled water to the Los Angeles 
                Harbor area.
    ``(c) Cost Sharing.--
            ``(1) In general.--The Federal share of the cost of the 
        projects described in subsections (a) and (b) shall not exceed 
        25 percent of the total cost of the projects.
            ``(2) Maximum federal share.--The Federal share with 
        respect to the water recycling project described in subsection 
        (b) shall not exceed $12,000,000.
    ``(d) Limitation.--Funds provided by the Secretary shall not be 
used for operation or maintenance of any project described in 
subsection (a) or (b).''.
            (2) Increase in federal ceiling for certain projects.--
        Section 1631(d) of the Reclamation Wastewater and Groundwater 
        Study and Facilities Act (43 U.S.C. 390h-13(d)) is amended--
                    (A) by striking so much as precedes paragraph (2) 
                and inserting the following:
    ``(d) Ceiling on Federal Share.--
            ``(1) In general.--Except as otherwise provided in this 
        title, the Federal share of the costs of each of the individual 
        projects authorized by this title shall not exceed $20,000,000 
        (1996 prices).'';
                    (B) in paragraph (2) by striking ``In the case of'' 
                and inserting ``Except as otherwise provided in this 
                title, in the case of''; and
                    (C) by adding at the end the following:
            ``(3) San gabriel basin.--In the case of the project 
        authorized by section 1614, the Federal share of the cost of 
        the project shall not exceed $50,500,000.
            ``(4) Phase i of orange county regional water reclamation 
        project.--The Federal share of the costs of the project 
        authorized by section 1624 shall not exceed $40,000,000.''.
    (e) Clerical Amendment.--The table of contents in section 2 of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (43 
U.S.C. prec. 371; Public Law 102-575) is amended by adding at the end 
the following:

``Sec. 1635. Castaic Lake Water Agency Reclaimed Water Project.
``Sec. 1636. Clear Lake Basin Water Reuse Project.
``Sec. 1637. Bay Area Regional Water Recycling Program.
``Sec. 1638. Inland Empire Regional Water Recycling Project.
``Sec. 1639. San Pablo Baylands Water Reuse Projects.
``Sec. 1640. California Water Recycling Program.
``Sec. 1641. Elsinore Valley Water Recycling Project.
``Sec. 1642. Lower Chino Dairy Area Desalination Demonstration and 
                            Reclamation Project.
``Sec. 1643. Orange County-Huntington Beach Desalination Project.
``Sec. 1644. Carlsbad Desalination Demonstration Project.
``Sec. 1645. Research concerning water reuse.''.

SEC. 204. GROUNDWATER BANKING DEMONSTRATION PROJECTS.

    (a) In General.--The Secretary may undertake a program to 
investigate, identify opportunities for, and carry out construction of 
demonstration projects for underground water storage in groundwater 
basins within the jurisdiction of water districts within the Santa Ana 
River Watershed, California.
    (b) Eligible Local Agencies.--The Santa Ana Watershed Project 
Authority and each of its member agencies are eligible to participate 
with the Secretary in groundwater banking demonstration projects under 
this section.
    (c) Basins Designated.--Demonstration projects under this section 
may be conducted in each of the following groundwater basins: Orange 
County, Chino, Bunker Hill, San Jacinto, Riverside, and Colton.
    (d) Groundwater Banking Feasibility Investigations.--
            (1) In general.--No funds may be expended for construction 
        of a project under this section until--
                    (A) the Secretary completes, or the non-Federal 
                sponsor of the project submits to the Secretary, a 
                final report on the feasibility of the project in 
                accordance with the requirements of section 201(g) of 
                this title;
                    (B) the Secretary and non-Federal sponsor have 
                entered into an agreement for sharing the construction 
                costs of the project in accordance with subsection (e); 
                and
                    (C) the Secretary determines that the non-Federal 
                project sponsor is financially capable of funding the 
                non-Federal share of the project construction costs.
    (e) Cost Sharing.--
            (1) In general.--Subject to in paragraph (2), the Federal 
        share of the cost of any project under this section shall not 
        exceed 25 percent of the total cost of the project.
            (2) Feasibility studies.--The Federal share of the cost of 
        any feasibility study under this section shall not exceed 50 
        percent of the total cost of the study.
            (3) Maximum federal cost.--The maximum amount of Federal 
        funds that may be expended for a project under this section is 
        $50,000,000.
    (f) Restriction on Funds for Operation or Maintenance.--The 
Secretary shall not provide funds for operation or maintenance of any 
project for which Federal funds are expended under this section.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary--
            (1) to carry out section 202, $50,000,000 for each of 
        fiscal years 2002 through 2004; and
            (3) to carry out section 204, $50,000,000 for each of 
        fiscal years 2002 through 2006.
    (b) Availability.--Amounts appropriated under this title shall 
remain available until expended.

              TITLE III--ENVIRONMENTAL RESTORATION PROGRAM

SEC. 301. REQUIREMENT TO CARRY OUT PROGRAM.

    The Secretary shall--
            (1) develop and implement, in consultation with other 
        Federal agencies, the State, local government agencies, 
        nongovernmental agencies, and the general public, a formal 
        environmental restoration program as generally outlined in the 
        Record of Decision;
            (2) define measurable performance objectives for the 
        environmental restoration program; and
            (3) develop and comply with a timeline for implementation 
        of the environmental restoration program.

SEC. 302. PERFORMANCE OBJECTIVES FOR FISH AND WILDLIFE.

    (a) In General.--The Secretary shall carry out the environmental 
restoration program in a manner that will meet performance objectives 
for attaining self-sustaining fish and wildlife populations within 
watersheds of the Sacramento and San Joaquin Rivers, within 10 years 
after the date of the enactment of this Act.
    (b) Development of Objectives.--The Secretary shall, by not later 
than 12 months after the date of the enactment of this Act--
            (1) develop the performance objectives required by 
        subsection (a); and
            (2) submit to the Congress a report that describes those 
        objectives.
    (c) Annual Report.--The Secretary shall report annually to the 
Congress on the progress made in meeting the performance objectives 
required by subsection (a).

SEC. 303. FUNDING.

    (a) Ensuring Revenues From Local Sources.--The Secretary may 
cooperate with the State in establishing and implementing a program 
that will ensure continued revenues from local sources to support the 
attainment of the objectives of the environmental restoration program.
    (b) Ensuring Long-Term Funding.--The Secretary and the head of each 
Federal agency shall cooperate with the State in developing a set of 
recommendations for additional funding mechanisms that will ensure 
long-term funding for the environmental restoration program.
    (c) Report.--The Secretary, in consultation with the State and 
other Federal agencies, shall, by not later than June 30, 2005, submit 
to the Congress a report proposing a plan to provide sustainable 
funding for the environmental restoration program, including 
recommendations for obtaining and achieving such funding.

SEC. 304. TIMING OF WATER EXPORTS FROM SACRAMENTO-SAN JOAQUIN DELTA.

    The Secretary, in cooperation with other Federal agencies and the 
State, shall manage the timing and quantities of water exports from the 
Sacramento-San Joaquin Delta to minimize the entrainment of and harm to 
estuarine and anadromous fish in accordance with the best available 
science, as determined by a multiagency team consisting of 
representatives of the United States Fish and Wildlife Service, the 
National Marine Fisheries Service, and the California Department of 
Fish and Game.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $200,000,000, to remain available until expended.
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