[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1768
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2001
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
_______________________________________________________________________
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 Calfed 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 stage
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 approval of 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 by Calfed.--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 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 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.
The Secretary is authorized to make grants to the Federal agencies
assuming responsibility for the implementation of components of the
Calfed Bay-Delta Program pursuant to the Record of Decision. Such
grants shall be made pursuant to interagency agreements to be entered
into between the Secretary and the Federal agencies.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior $2,402,000,000 to pay the Federal share of carrying out Stage
1 of the Record of Decision for fiscal years 2003 through 2007, in
accordance with the provisions of this Act. The funds shall remain
available without fiscal year limitation.
SEC. 10. COMPLIANCE WITH STATE AND FEDERAL LAW.
Nothing in this Act preempts or otherwise affects any Federal or
State law.
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