[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Reported in Senate (RS)]






                                                       Calendar No. 436
107th CONGRESS
  2d Session
                                S. 1768

                          [Report No. 107-171]

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

                             June 24, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Calfed Bay-Delta 
Authorization Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act:</DELETED>
        <DELETED>    (1) Calfed bay-delta program.--The term ``Calfed 
        Bay-Delta Program'' means the programs, projects, complementary 
        actions, and activities undertaken through coordinated 
        planning, implementation, and assessment activities of the 
        State and Federal agencies in a manner consistent with the 
        Record of Decision.</DELETED>
        <DELETED>    (2) 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).</DELETED>
        <DELETED>    (3) Environmental water account.--The term 
        ``Environmental Water Account'' means the reserve of water 
        provided for in the Record of Decision to provide water, in 
        addition to the amount of the regulatory baseline, to protect 
        and restore Delta fisheries.</DELETED>
        <DELETED>    (4) Federal agencies.--The term ``Federal 
        agencies'' means the following:</DELETED>
                <DELETED>    (A) The Department of the Interior 
                (including the Bureau of Reclamation, Fish and Wildlife 
                Service, Bureau of Land Management, and United States 
                Geological Survey);</DELETED>
                <DELETED>    (B) The Environmental Protection 
                Agency;</DELETED>
                <DELETED>    (C) The Army Corps of Engineers;</DELETED>
                <DELETED>    (D) The Department of Commerce (including 
                the National Marine Fisheries Service);</DELETED>
                <DELETED>    (E) The Department of Agriculture 
                (including the Natural Resources Conservation Service 
                and the Forest Service); and</DELETED>
                <DELETED>    (F) The Western Area Power 
                Administration.</DELETED>
        <DELETED>    (5) Governor.--The term ``Governor'' means the 
        Governor of the State of California.</DELETED>
        <DELETED>    (6) Implementation memorandum.--The term 
        ``Implementation Memorandum'' means the Calfed Bay-Delta 
        Program Implementation Memorandum of Understanding dated August 
        28, 2000, executed by the Federal agencies and the State 
        agencies.</DELETED>
        <DELETED>    (7) Record of decision.--The term ``Record of 
        Decision'' means the Federal programmatic Record of Decision 
        dated August 28, 2000, issued by the Calfed Federal agencies 
        and supported by the State.</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (9) Stage 1.--The term ``Stage 1'' means the 
        programs and projects planned for the first 7 years of the 
        Calfed Bay-Delta Program, as specified in the Record of 
        Decision.</DELETED>
        <DELETED>    (10) State.--The term ``State'' means the State of 
        California.</DELETED>
        <DELETED>    (11) State agencies.--The term ``State agencies'' 
        means the following:</DELETED>
                <DELETED>    (A) The Resources Agency of California 
                (including the Department of Water Resources and the 
                Department of Fish and Game);</DELETED>
                <DELETED>    (B) The California Environmental 
                Protection Agency (including the State Water Resources 
                Control Board); and</DELETED>
                <DELETED>    (C) The California Department of Food and 
                Agriculture.</DELETED>

<DELETED>SEC. 3. BAY-DELTA PROGRAM.</DELETED>

<DELETED>    (a) 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. MANAGEMENT.</DELETED>

<DELETED>    (a) Coordination.--In carrying out the Calfed Bay-Delta 
Program, the Federal agencies shall coordinate their activities with 
the stage agencies.</DELETED>
<DELETED>    (b) Public Participation.--In carrying out the Calfed Bay-
Delta Program, the Federal agencies shall cooperate with local and 
tribal governments and the public through a federally chartered 
advisory committee or other appropriate means, to seek input on program 
elements such as planning, design, technical assistance, and 
development of peer review science programs.</DELETED>
<DELETED>    (c) Science.--In carrying out the Calfed Bay-Delta 
Program, the Federal agencies shall seek to ensure, to the maximum 
extent practicable, that--</DELETED>
        <DELETED>    (1) all major aspects of implementing the Program 
        are subjected to credible and objective scientific review; 
        and</DELETED>
        <DELETED>    (2) major decisions are based upon the best 
        available scientific information.</DELETED>
<DELETED>    (d) Governance.--In carrying out the Calfed Bay-Delta 
Program, the Secretary and the Federal agency heads 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.</DELETED>

<DELETED>SEC. 5. REPORTING REQUIREMENTS.</DELETED>

<DELETED>    (a) Report and Certification by Calfed.--The Secretary, in 
cooperation with the Governor, shall submit a report of the 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--
</DELETED>
        <DELETED>    (1) the progress of the Calfed Bay-Delta Program 
        in meeting the implementation schedule for the Program in a 
        manner consistent with the Record of Decision;</DELETED>
        <DELETED>    (2) the status of implementation of all components 
        of the Calfed Bay-Delta Program;</DELETED>
        <DELETED>    (3) expenditures in the past fiscal year and year 
        to date for implementing the Calfed Bay-Delta Program; 
        and</DELETED>
        <DELETED>    (4) accomplishments in the past fiscal year and 
        year to date in achieving the objectives of improved--
        </DELETED>
                <DELETED>    (A) water storage;</DELETED>
                <DELETED>    (B) water quality;</DELETED>
                <DELETED>    (C) water use efficiency;</DELETED>
                <DELETED>    (D) ecosystem restoration;</DELETED>
                <DELETED>    (E) watershed management;</DELETED>
                <DELETED>    (F) levee system integrity;</DELETED>
                <DELETED>    (G) water transfers;</DELETED>
                <DELETED>    (H) water conveyances; and</DELETED>
                <DELETED>    (I) water supply reliability.</DELETED>
<DELETED>The report shall discuss the status of Calfed Bay-Delta 
Program goals, current schedules, and relevant financing agreements. 
Each of the above-listed categories must be considered in determining 
whether the Program is proceeding in a balanced manner.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) identifies all expenditures to date within the 
        Federal and State governments used to achieve the objectives of 
        the Calfed Bay-Delta Program.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION REQUIREMENTS FOR CERTAIN CONSTRUCTION 
              AND ACQUISITION ACTIVITIES.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Recommendations and Reports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a project description;</DELETED>
                <DELETED>    (B) feasibility and operational studies 
                completed by the Secretary or the Governor, as 
                appropriate;</DELETED>
                <DELETED>    (C) environmental impact statements or 
                reports;</DELETED>
                <DELETED>    (D) a finding of consistency with the 
                record of decision as determined by the Calfed Policy 
                Group;</DELETED>
                <DELETED>    (E) findings of the Independent Science 
                Panel relative to the consistency of the Calfed Bay-
                Delta Program goals;</DELETED>
                <DELETED>    (F) cost-benefit analysis;</DELETED>
                <DELETED>    (G) a plan for fulfilling mitigation 
                requirements;</DELETED>
                <DELETED>    (H) identification of project benefits and 
                beneficiaries;</DELETED>
                <DELETED>    (I) cost allocation plan consistent with 
                the beneficiaries pay provisions of the Record of 
                Decision;</DELETED>
                <DELETED>    (J) financing and repayment plans based 
                upon commitments by beneficiaries that they are willing 
                and able to pay their allocated share;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (L) a recommendation, based on the results 
                of items (A) through (K) above, on whether to proceed 
                with the project.</DELETED>

<DELETED>SEC. 7. ENVIRONMENTAL JUSTICE.</DELETED>

<DELETED>    It is the intent of the Congress that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the Calfed Policy Group should collaborate 
        with such workgroup to ensure fulfillment of the commitment 
        referred to in paragraph (a).</DELETED>

<DELETED>SEC. 8. GRANTS TO FEDERAL AGENCIES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 10. COMPLIANCE WITH STATE AND FEDERAL LAW.</DELETED>

<DELETED>    Nothing in this Act preempts or otherwise affects any 
Federal or State law.</DELETED>

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 referenced in 
        the Record of Decision and established 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 and the heads of the Federal agencies are authorized to 
carry out the activities in 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 additional water storage 
and conveyance; and protecting Delta levees; will progress in a 
balanced manner.
    (b) Authorized Activities.--
            (1) Specific activities authorized.--The Secretary and the 
        heads of the Federal agencies are authorized to undertake the 
        activities described in this subsection in furtherance of Stage 
        1 of the Calfed Bay-Delta Program as set forth in the Record of 
        Decision, subject to the provisions of this Act, if the 
        activity has been subject to environmental review and approval 
        as required under applicable Federal and State law, and has 
        been approved and certified by the Calfed Policy Group to be 
        consistent with the Record of Decision.
                    (A) Water storage.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $200,000,000 may be expended for 
                the following--
                            (i) planning activities and feasibility 
                        studies for the following projects to be 
                        pursued with project-specific study--
                                    (I) enlargement of Shasta Dam in 
                                Shasta County;
                                    (II) enlargement of Los Vaqueros 
                                Reservoir in Contra Costa County; and
                                    (III) in-Delta storage in San 
                                Joaquin and Contra Costa Counties;
                            (ii) planning and feasibility studies for 
                        the following projects requiring further 
                        consideration--
                                    (I) Sites Reservoir in Colusa 
                                County; and
                                    (II) Upper San Joaquin River 
                                storage in Fresno and Madera Counties;
                            (iii) developing and implementing 
                        groundwater management and groundwater storage 
                        projects; and
                            (iv) comprehensive water management 
                        planning.
                    (B) Conveyance.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $125,000,000 may be expended for 
                the following:
                            (i) South Delta Actions--
                                    (I) South Delta Improvements 
                                Program to--
                                            (aa) increase the State 
                                        Water Project export limit to 
                                        8500 cfs;
                                            (bb) install permanent, 
                                        operable barriers in the south 
                                        Delta;
                                            (cc) design and construct 
                                        fish screens and intake 
                                        facilities at Clifton Court 
                                        Forebay and the Tracy Pumping 
                                        Plant facilities; and
                                            (dd) increase the State 
                                        Water Project export to the 
                                        maximum capability of 10,300 
                                        cfs;
                                    (II) reduction of agricultural 
                                drainage in south Delta channels; and
                                    (III) design and construction of 
                                lower San Joaquin River floodway 
                                improvements.
                            (ii) North Delta Actions--
                                    (I) evaluation and implementation 
                                of improved operational procedures for 
                                the Delta Cross Channel to address 
                                fishery and water quality concerns;
                                    (II) evaluation of a screened 
                                through-Delta facility on the 
                                Sacramento River; and
                                    (III) design and construction of 
                                lower Mokelumne River floodway 
                                improvements.
                            (iii) Interties--
                                    (I) evaluation and construction of 
                                an intertie between the State Water 
                                Project and the Central Valley Project 
                                facilities at or near the City of 
                                Tracy; and
                                    (II) assessment of the connection 
                                of the Central Valley Project to the 
                                State Water Project's Clifton Court 
                                Forebay with a corresponding increase 
                                in the Forebay's screened intake.
                            (iv) Other infrastructure improvements--
                                    (I) evaluation and implementation 
                                of the San Luis Reservoir lowpoint 
                                improvement project;
                                    (II) installation and operation of 
                                temporary barriers in the south Delta 
                                until fully operable barriers are 
                                constructed;
                                    (III) actions to protect navigation 
                                and local diversions not adequately 
                                protected by the temporary barriers;
                                    (IV) facilitation of water quality 
                                exchanges and similar programs to make 
                                high quality Sierra Nevada water in the 
                                eastern San Joaquin Valley available to 
                                urban southern California interests; 
                                and
                                    (V) the Sacramento-San Joaquin 
                                Comprehensive Study.
                    (c) Water use efficiency.--Of the amounts 
                authorized to be appropriated for fiscal years 2003 
                through 2005 under this Act, no more than $295,000,000 
                may be expended for the following--
                            (i) water conservation projects that 
                        provide water supply reliability, water 
                        quality, and ecosystem benefits to the Bay-
Delta system;
                            (ii) technical assistance for urban and 
                        agricultural water conservation projects;
                            (iii) water recycling and desalination 
                        projects, including projects identified in the 
                        Bay Area Water Recycling Plan and the Southern 
                        California Comprehensive Water Reclamation and 
                        Reuse Study;
                            (iv) water measurement and transfer 
                        incentive actions; and
                            (v) certification and implementation of 
                        best management practices for urban water 
                        conservation.
                    (D) Water transfers.--Of the amounts authorized to 
                be appropriated for fiscal years 2003 through 2005 
                under this Act, no more than $5,000,000 may be expended 
                for the following--
                            (i) increasing the availability of existing 
                        facilities for water transfers;
                            (ii) lowering transaction costs through 
                        permit streamlining; and
                            (iii) maintaining a water transfer 
                        information clearinghouse.
                    (E) Environmental water account.--Of the amounts 
                authorized to be appropriated for fiscal years 2003 
                through 2005 under this Act, no more than $100,000,000 
                may be expended for implementation of the Environmental 
                Water Account.
                    (F) Integrated regional water management plans.--Of 
                the amounts authorized to be appropriated for fiscal 
                years 2003 through 2005 under this Act, no more than 
                $250,000,000 may be expended for the following--
                            (i) establishing a competitive grants 
                        program to assist local and regional 
                        communities in California in developing and 
                        implementing integrated regional water 
                        management plans to carry out Stage 1 of the 
                        Record of Decision; and
                            (ii) implementation of projects and 
                        programs in California that improve water 
                        supply reliability, water quality, ecosystem 
                        restoration, and flood protection, or meet 
                        other local and regional needs, that are 
                        consistent with, and make a significant 
                        contribution to, Stage 1 of the Calfed Bay-
                        Delta Program.
                    (G) Ecosystem restoration.--Of the amounts 
                authorized to be appropriated for fiscal years 2003 
                through 2005 under this Act, no more than $225,000,000 
                may be expended for the following--
                            (i) implementation of large-scale 
                        restoration projects in San Francisco Bay, the 
                        Delta, and its tributaries;
                            (ii) restoration of habitat in the Delta, 
                        San Pablo Bay, and Suisun Bay and Marsh, 
                        including tidal wetlands and riparian habitat;
                            (iii) fish screen and fish passage 
                        improvement projects;
                            (iv) implementation of an invasive species 
                        program, including prevention, control, and 
                        eradication;
                            (v) development and integration of State 
                        and Federal agricultural programs that benefit 
                        wildlife into the Ecosystem Restoration 
                        Program;
                            (vi) financial and technical support for 
                        locally-based collaborative programs to restore 
                        habitat while addressing the concerns of local 
                        communities;
                            (vii) water quality improvement projects to 
                        reduce salinity, selenium, mercury, pesticides, 
                        trace metals, dissolved oxygen, turbidity, 
                        sediment, and other pollutants;
                            (viii) environmental water acquisitions to 
                        improve fish spawning and survival in the Delta 
                        and its tributaries;
                            (ix) integrated flood management, ecosystem 
                        restoration, and levee protection projects;
                            (x) scientific evaluations and targeted 
                        research on program activities; and
                            (xi) strategic planning and tracking of 
                        program performance.
                    (H) Watersheds.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $75,000,000 may be expended for 
                the following--
                            (i) building local capacity to assess and 
                        manage watersheds affecting the Bay-Delta 
                        system;
                            (ii) technical assistance for watershed 
                        assessments and management plans; and
                            (iii) developing and implementing locally-
                        based watershed conservation, maintenance, and 
                        restoration actions.
                    (I) Water quality.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $125,000,000 may be expended for 
                the following--
                            (i) addressing drainage problems in the San 
                        Joaquin Valley to improve downstream water 
                        quality;
                            (ii) implementation of source control 
                        programs in the Delta and its tributaries;
                            (iii) developing recommendations through 
                        scientific panels and advisory council 
                        processes to meet Calfed's goal of continuous 
                        improvement in Delta water quality for all 
                        uses;
                            (iv) investing in treatment technology 
                        demonstration projects;
                            (v) controlling runoff into the California 
                        aqueduct and other similar conveyances;
                            (vi) addressing water quality problems at 
                        the North Bay Aqueduct;
                            (vii) studying recirculation of export 
                        water to reduce salinity and improve dissolved 
                        oxygen in the San Joaquin River;
                            (viii) implementation of projects to enable 
                        San Francisco Bay Area water districts to work 
                        cooperatively to address water quality and 
                        supply reliability issues, including 
                        connections between aqueducts, water transfers, 
                        and infrastructure improvements that encourage 
                        regional approaches, including potential 
                        alternatives related to East Bay Municipal 
                        Utility District's contract with the Bureau of 
                        Reclamation dated July 20, 2001, that would 
                        improve water quality and water supply 
                        reliability in San Francisco Bay and Sacramento 
                        County Regions;
                            (ix) development of water quality exchanges 
                        and other programs to make high quality water 
                        available to urban areas; and
                            (x) development and implementation of a 
                        plan to meet all existing water quality 
                        standards for which the State and Federal water 
                        projects have responsibility.
                    (J) Levee stability.--Of the amounts authorized to 
                be appropriated for fiscal years 2003 through 2005 
                under this Act, no more than $100,000,000 may be 
                expended for the following--
                            (i) assisting local reclamation districts 
                        in reconstructing Delta levees to a base level 
                        of protection;
                            (ii) enhancing the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects program;
                            (iii) developing best management practices 
                        to control and reverse land subsidence on Delta 
                        islands;
                            (iv) refining the Delta Emergency 
                        Management Plan;
                            (v) developing a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes;
                            (vi) developing a strategy for reuse of 
                        dredged materials on Delta islands; and
                            (vii) evaluating, and where appropriate 
                        rehabilitating, the Suisun Marsh levees.
                    (K) Science.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $100,000,000 may be expended for 
                the following--
                            (i) establishing and maintaining an 
                        independent science board, technical panels, 
                        and standing boards to provide oversight and 
                        peer review of the program;
                            (ii) conducting expert evaluations and 
                        scientific assessments of all program elements;
                            (iii) coordinating existing monitoring and 
                        scientific research programs;
                            (iv) developing and implementing adaptive 
                        management experiments to test, refine and 
                        improve scientific understandings;
                            (v) establishing performance measures, and 
                        monitoring and evaluating the performance of 
                        all program elements; and
                            (vi) preparing an annual Science Report.
                    (L) Program management, oversight, and 
                coordination.--Of the amounts authorized to be 
                appropriated for fiscal years 2003 through 2005 under 
                this Act, no more than $30,000,000 may be expended for 
                the following--
                            (i) program-wide tracking of schedules, 
                        finances, and performance;
                            (ii) multi-agency oversight and 
                        coordination of Calfed activities to ensure 
                        program balance and integration;
                            (iii) development of interagency cross-cut 
                        budgets and a comprehensive finance plan to 
                        allocate costs in accordance with the 
                        beneficiary pays provisions of the Record of 
                        Decision;
                            (iv) coordination of public outreach and 
                        involvement, including tribal, environmental 
                        justice, and public advisory activities under 
                        the Federal Advisory Committee Act; and
                            (v) development of Annual Reports.
            (2) Authorized actions.--The Secretary and the Federal 
        agency heads are authorized to carry out the activities 
        authorized by this Act through the use of grants, loans, 
        contracts, and cooperative agreements with federal and non-
        federal entities where the Secretary or Federal agency head 
        determines that the grant, loan, contract, or cooperative 
        agreement will assist in implementing the authorized activity 
        in an efficient, timely, and cost-effective manner.

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 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 congressional authorization and approval of 
the permanent governing structure, as necessary.
    (e) Environmental Justice.--Consistent with Executive Order 12898 
pertaining to Federal Actions to Address Environmental Justice in 
Minority and Low-Income Populations, it is the intent of the Congress 
that the Federal and State agencies should continue to collaborate to 
develop a comprehensive environmental justice workplan for the Calfed 
Bay-Delta Program and fulfill the commitment to addressing 
environmental justice challenges referred to in the Calfed Bay-Delta 
Program Environmental Justice Workplan dated December 13, 2000.

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 whether 
or not the Calfed Bay-Delta Program is progressing in a balanced manner 
which allows all program components to be advanced, including 
additional water supply, ecosystem restoration, and water quality. The 
Secretary's report shall describe--
            (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 additional and 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 conveyance; and
                    (I) water supply reliability.
The report shall discuss the status of Calfed Bay-Delta Program goals, 
current schedules, and relevant financing agreements.
    (b) Statement of Balance.--Substantial progress in each of the 
categories listed in subsection (a) shall be considered in determining 
whether the Calfed Bay-Delta Program is proceeding in a balanced manner 
for purposes of making the certification provided for in subsection 
(a). In addition, in making such certification the Secretary, in 
cooperation with the Governor, shall prepare a statement of whether the 
program is in balance which takes into consideration the following--
            (1) status of all Stage 1 actions, including goals, 
        schedules, and financing agreements;
            (2) progress on storage projects, conveyance improvements, 
        levee improvements, water quality projects, and water use 
        efficiency programs;
            (3) completion of key projects and milestones identified in 
        the Ecosystem Restoration Program;
            (4) development and implementation of local programs for 
        watershed conservation and restoration;
            (5) progress in improving water supply reliability and 
        implementing the Environmental Water Account;
            (6) achievement of commitments under State and Federal 
        Endangered Species Acts;
            (7) implementation of a comprehensive science program;
            (8) progress toward acquisition of the State and Federal 
        permits, including Clean Water Act section 404 permits, for 
        implementation of projects in all identified program areas;
            (9) progress in achieving benefits in all geographic 
        regions covered by the Program;
            (10) legislative action on water transfer, groundwater 
        management, water use efficiency, and governance issues,
            (11) status of complementary actions;
            (12) status of mitigation measures; and
            (13) revisions to funding commitments and program 
        responsibilities.
    (c) Revised Schedule.--If the report provided for in subsection (a) 
and the statement of balance provided for in subsection (b) conclude 
that the Calfed Bay-Delta Program is not progressing in a balanced 
manner so that no certification of balanced implementation can be made, 
the 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 shall be subject to approval by the Secretary and 
the Governor, and upon such approval, shall be submitted to the 
appropriate authorizing and appropriating Committees of the Senate and 
the House of Representatives.
    (d) 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 Calfed Bay-Delta 
Program in the previous fiscal year, 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, and a listing of all projects to be 
undertaken in the upcoming fiscal year with the Federal portion of 
funds authorized under this Act.

SEC. 6. CROSSCUT BUDGET AND AUTHORIZATION OF APPROPRIATIONS.

    (a) Crosscut Budget.--The President's Budget shall include requests 
for the appropriate level of funding for each of the Federal agencies 
to carry out its responsibilities under the Calfed Bay-Delta Program. 
Such funds shall be requested for the Federal agency with authority and 
programmatic responsibility for the obligation of such funds. At the 
time of submission of the President's Budget to the Congress, the 
Director of the Office of Management and Budget shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives an interagency budget crosscut report that 
displays the budget proposed for each of the Federal agencies to carry 
out the Calfed Bay-Delta Program for the upcoming fiscal year, 
separately showing funding requested under both pre-existing 
authorities and under the new authorities granted by this Act. The 
report shall also identify all expenditures since 1996 within the 
Federal and State governments used to achieve the objectives of the 
Calfed Bay-Delta Program.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary and the heads of the Federal agencies 
$1,630,000,000 to pay the federal share of carrying out Stage 1 of the 
Record of Decision for fiscal years 2003 through 2005, in accordance 
with the provisions of this Act. The funds shall remain available 
without fiscal year limitation.

SEC. 7. FEDERAL SHARE OF COSTS.

    The federal share of the cost of implementing Stage 1 of the Calfed 
Bay-Delta Program as set forth in the Record of Decision shall not 
exceed 33.3 percent.

SEC. 8. COMPLIANCE WITH STATE AND FEDERAL LAW.

    Nothing in this Act preempts or otherwise affects any Federal or 
State law, including any authority of a federal agency to carry out 
activities related to, or in furtherance of, the Calfed Bay-Delta 
Program.




                                                       Calendar No. 436

107th CONGRESS

  2d Session

                                S. 1768

                          [Report No. 107-171]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 24, 2002

                       Reported with an amendment