[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4657 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4657

To authorize the Secretary of the Interior to implement the Calfed Bay-
                             Delta Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2002

    Mrs. Napolitano (for herself and Mrs. Tauscher) 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 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Calfed Bay-Delta Authorization 
Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (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.
            (2) Calfed policy group.--The term ``Calfed Policy Group'' 
        means a committee of State and Federal agencies established in 
        the Record of Decision to oversee the Calfed Bay-Delta Program, 
        or the appropriate successor entity created as part of any 
        permanent governing structure pursuant to section 4(d).
            (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.
            (4) Federal agencies.--The term ``Federal agencies'' means 
        the following:
                    (A) The Department of the Interior (including the 
                Bureau of Reclamation, Fish and Wildlife Service, 
                Bureau of Land Management, and 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);
                    (E) The Department of Agriculture (including the 
                Natural Resources Conservation Service and the Forest 
                Service); and
                    (F) The Western Area Power Administration.
            (5) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (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.
            (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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (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.
            (10) State.--The term ``State'' means the State of 
        California.
            (11) State agencies.--The term ``State agencies'' means the 
        following:
                    (A) The Resources Agency of California (including 
                the Department of Water Resources and the Department of 
                Fish and Game);
                    (B) The California Environmental Protection Agency 
                (including the State Water Resources Control Board); 
                and
                    (C) The California Department of Food and 
                Agriculture.

SEC. 3. BAY-DELTA PROGRAM.

    (a) 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, working with the Federal agency heads, as appropriate, 
shall undertake actions pursuant to the Record of Decision, subject to 
the provisions of this Act, so that the program goals consisting of: 
protecting drinking water quality; restoring ecological health; 
improving water supply reliability, including water storage and 
conveyance; and protecting Delta levees; will progress in a balanced 
manner.
    (b) Authorized Actions.--The Secretary is authorized to take such 
actions, subject to the provisions of this Act, as may be necessary to 
implement Stage 1 of the Record of Decision if the activity has been 
subject to environmental review and approval as required under 
applicable Federal and State law (including regulations); and has been 
certified by the Calfed Policy Group to be consistent with the Record 
of Decision.
    (c) Construction and Acquisition.--Any project with the Federal 
share of construction costs in excess of $10 million to be constructed 
as part of the Calfed Bay-Delta Program, including an enlarged Los 
Vaqueros Reservoir, an enlarged Shasta Dam, and in-Delta storage, and 
any acquisition in which the total Federal share is in excess of $10 
million for land or for assets for the Environmental Water Account as 
part of the Calfed Bay-Delta Program, shall require specific 
authorization by an Act of Congress, in accordance with section 6.

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 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.
    (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.--In carrying out the Calfed Bay-Delta Program, the 
Secretary and the Federal agency heads shall undertake their activities 
in accordance with the terms of the Implementation Memorandum until 
such time as the Implementation Memorandum is replaced by a permanent 
governing structure, whereupon the Secretary and agency heads shall 
undertake their activities in accordance with the permanent governing 
structure. The Secretary and the Federal agency heads shall work with 
their State counterparts to develop a permanent governing structure and 
shall seek authorization and approval of the permanent governing 
structure, as necessary.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report and Certification.--The Secretary, in cooperation with 
the Governor, shall submit a report of the Calfed Policy Group 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 that the Calfed Bay-Delta 
Program is progressing in a balanced manner with respect to all program 
components, including water supply, ecosystem restoration, and water 
quality. The Secretary's report shall describe--
            (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;
            (2) the status of implementation of all components of the 
        Calfed Bay-Delta Program;
            (3) expenditures in the past fiscal year and year to date 
        for implementing the Calfed Bay-Delta Program; and
            (4) accomplishments in the past fiscal year and year to 
        date in achieving the objectives of improved--
                    (A) water storage;
                    (B) water quality;
                    (C) water use efficiency;
                    (D) ecosystem restoration;
                    (E) watershed management;
                    (F) levee system integrity;
                    (G) water transfers;
                    (H) water conveyances; and
                    (I) water supply reliability.
The report shall discuss the status of Calfed Bay-Delta Program goals, 
current schedules, and relevant financing agreements. Each of the 
above-listed categories must be considered in determining whether the 
Program is proceeding in a balanced manner.
    (b) Revised Schedule.--If the report provided for in subsection (a) 
concludes that the Calfed Bay-Delta Program is not progressing in a 
balanced manner so that no certification of balanced implementation can 
be made, the Calfed Policy Group shall prepare a revised schedule and 
such other modifications, 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 is subject to approval by the 
Secretary and the Governor and shall be submitted to the appropriate 
authorizing and appropriating Committees of the Senate and the House of 
Representatives.
    (c) 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 containing a detailed accounting of all funds received by 
Federal and State agencies for implementing the Plan in the previous 
fiscal year budget and a budget for the proposed projects to be carried 
out in the upcoming fiscal year with the Federal portion of funds 
authorized under this Act.
    (d) Crosscut Budget Reports.--Not later than February 15, 2003, and 
annually thereafter through February 15, 2008, 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 an inter-agency budget crosscut report that--
            (1) displays the proposed Federal spending, for the fiscal 
        year in which the report is submitted and for each subsequent 
        fiscal year through 2007, on implementation of the Calfed Bay-
        Delta Program; and
            (2) identifies all expenditures to date within the Federal 
        and State governments used to achieve the objectives of the 
        Calfed Bay-Delta Program.

SEC. 6. AUTHORIZATION REQUIREMENTS FOR CERTAIN CONSTRUCTION AND 
              ACQUISITION ACTIVITIES.

    (a) Construction and Acquisition Activities.--The process for 
authorizing appropriations to pay the Federal share of the costs of 
acquisition of land and assets for the Environmental Water Account as 
part of the Calfed Bay-Delta Program, where such share exceeds $10 
million, and the process for authorizing the construction of projects 
as part of the Calfed Bay-Delta Program, where the Federal share of 
such costs exceeds $10 million, shall be as follows:
            (1) Report.--Every odd-numbered year after the date of 
        enactment of this Act, at the same time the Secretary submits 
        the report described in section 5(a), the Calfed Policy Group, 
        acting through the Secretary, shall submit to the appropriate 
        authorizing and appropriating Committees a report covering the 
        next two fiscal years setting forth the list of projects and 
        other actions that are proposed for construction or acquisition 
        and a listing of proposed acquisition for the Environmental 
        Water Account, as described in section 6(a). The Calfed Policy 
        Group and the Secretary shall certify that implementation of 
        the Calfed Bay-Delta Program in the manner set forth in the 
        report will result in balanced implementation in all Calfed 
        Bay-Delta Program areas.
            (2) Authorization required.--No amounts may be appropriated 
        for any fiscal year for any project or acquisition in which the 
        total Federal share is in excess of $10 million for 
        construction, land acquisition, or acquisition of assets for 
        the Environmental Water Account, unless the project or 
        acquisition has been specifically authorized by law.
            (3) Intent of congress.--It is the intent of Congress that 
        the authorizations and appropriations for implementation of the 
        Calfed Bay-Delta Program shall promote and carry out the 
        fundamental principle that the 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, must 
        progress together in a balanced manner.
            (4) Failure to authorize or fund.--If the Congress, through 
        the authorization and appropriation process amends, or fails to 
        authorize or fund, the projects or acquisitions included in a 
        report submitted pursuant to subsection (a)(1), the Secretary 
        shall, in consultation with the Calfed Policy Group, 
        redetermine whether implementation of the projects and 
        acquisitions, as authorized or funded, respectively, by the 
        Congress will maintain balanced implementation in all Calfed 
        Bay-Delta Program areas. If the Secretary finds that 
        implementation of such projects or acquisitions, as so 
        authorized or funded by the Congress, will not maintain 
        balanced implementation in all Program areas, the Secretary 
        shall report to the Congress the finding as part of the report 
        required under section 5(a) and recommend those steps needed to 
        restore balance to the implementation process, as part of the 
        revised schedule required under section 5(b).
    (b) Recommendations and Reports.--
            (1) Recommendations regarding specific actions.--The Calfed 
        Policy Group, through the Secretary, shall include in the 
        report under subsection (a) of this section recommendations 
        with respect to construction projects (including for surface 
        storage and groundwater storage) that would improve water 
        supply reliability and water quality and recommendations with 
        respect to acquisition of land and assets for the Environmental 
        Water Account that would achieve Program goals.
            (2)  Reports on construction projects.--With respect to 
        construction projects with the Federal share of costs in excess 
        of $10 million, the Secretary, acting in cooperation with the 
        Governor, shall transmit to the appropriate authorizing and 
        appropriating committees of the Senate and the House of 
        Representatives the reports of the Calfed Policy Group 
        regarding such construction projects in accordance with the 
        time frames set forth in the Record of Decision or such other 
        time frames as may be approved by the Calfed Policy Group. Such 
        reports shall include--
                    (A) a project description;
                    (B) feasibility and operational studies completed 
                by the Secretary or the Governor, as appropriate;
                    (C) environmental impact statements or reports;
                    (D) a finding of consistency with the record of 
                decision as determined by the Calfed Policy Group;
                    (E) findings of the Independent Science Panel 
                relative to the consistency of the Calfed Bay-Delta 
                Program goals;
                    (F) cost-benefit analysis;
                    (G) a plan for fulfilling mitigation requirements;
                    (H) identification of project benefits and 
                beneficiaries;
                    (I) cost allocation plan consistent with the 
                beneficiaries pay provisions of the Record of Decision;
                    (J) financing and repayment plans based upon 
                commitments by beneficiaries that they are willing and 
                able to pay their allocated share;
                    (K) progress in the 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) for implementation of projects in all identified 
                program areas; and
                    (L) a recommendation, based on the results of items 
                (A) through (K) above, on whether to proceed with the 
                project.

SEC. 7. ENVIRONMENTAL JUSTICE.

    It is the intent of the Congress that--
            (1) implementation of the Calfed Bay-Delta Program by the 
        Federal agencies and State agencies should fulfill the 
        commitment to addressing environmental justice challenges 
        referred to in the Calfed Bay-Delta Program Environmental 
        Justice Workplan dated December 13, 2000;
            (2) the Federal agencies and State agencies should continue 
        to collaborate to develop a comprehensive environmental justice 
        workplan for the Calfed Bay-Delta Program, including through 
        continuation of the functions of the Calfed Bay-Delta 
        Environmental Justice Workgroup; and
            (3) the Calfed Policy Group should collaborate with such 
        workgroup to ensure fulfillment of the commitment referred to 
        in paragraph (a).

SEC. 8. GRANTS TO FEDERAL AGENCIES FOR IMPLEMENTATION OF RECORD OF 
              DECISION.

    The Secretary may, through interagency agreements or other means, 
transfer funds appropriated to the Calfed Bay-Delta Program to the 
Federal agencies assuming responsibility for the implementation of 
components of the Calfed Bay-Delta Program pursuant to the Record of 
Decision.

SEC. 9. AUTHORIZATION OF WATER RECYCLING AND DESALINATION STUDIES AND 
              PROJECTS.

    (a) Projects.--The Secretary of the Interior shall provide 
financial assistance for the planning, design, and construction of the 
projects determined to be feasible by the Bureau of Reclamation in--
            (1) the Southern California Comprehensive Water Reclamation 
        and Reuse Study, dated April 2001 and authorized by section 
        1606 of the Reclamation Wastewater and Groundwater Study and 
        Facilities Act (43 U.S.C. 390h-4); and
            (2) the San Francisco Bay Area Regional Water Recycling 
        Program described in the San Francisco Bay Area Regional Water 
        Recycling Program Recycled Water Master Plan, dated December 
        1999 and authorized by section 1611 of the Reclamation 
        Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 
        390h-9).
    (b) Studies.--
            (1) In general.--The Secretary shall assist the State of 
        California and local water agencies in California in the 
        preparation of necessary studies of water recycling, 
        reclamation, reuse and desalination projects to--
                    (A) ensure a long term, high quality, safe, and 
                adequate supply of municipal water to the residents of 
                California;
                    (B) reduce regional dependence on less reliable 
                water supplies, including southern California's 
                dependence on water from northern California; and
                    (C) assist the State of California in limiting its 
                annual use of Colorado River water, starting in 2016, 
                to no more than 4,400,000 acre-feet per year in normal 
                years.
            (2) Included projects.--Projects with respect to which 
        assistance is provided under this subsection may include--
                    (A) desalination of sea water and brackish water 
                supplies;
                    (B) recycling, reclamation, and reuse of water 
                supplies impaired by natural causes or human 
                activities; and
                    (C) construction of regional brine lines.
            (3) Priority projects.--The Secretary shall--
                    (A) in providing financial assistance under this 
                subsection, give priority consideration to projects 
                that include regional solutions to benefit regional 
                water supply and reliability needs; and
                    (B) 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; and
                    (C) 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.
    (c) Federal Cost Share.--The Federal share of the cost of any 
activity carried out with assistance under this section may not exceed 
the lesser of 25 percent of the total cost of the activity or 
$50,000,000.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    To pay the Federal share of the cost of carrying out Stage 1 of the 
Record of Decision in accordance with this Act, there are authorized to 
be appropriated to the Secretary $2,402,000,000 for fiscal years 2003 
through 2007. Amounts appropriated under this subsection shall remain 
available until expended.

SEC. 11. COMPLIANCE WITH STATE AND FEDERAL LAW.

    Nothing in this Act preempts or otherwise affects any Federal or 
State law.
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