[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2641

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2003

    Mr. George Miller of California (for himself 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) California bay-delta authority.--The term ``California 
        Bay-Delta Authority'' means a committee of State and Federal 
        agencies and public members established to oversee the Calfed 
        Bay-Delta Program, as set forth in the California Bay-Delta 
        Authority Act (2002 Cal. Stat. Chap. 812).
            (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 NOAA 
                Fisheries);
                    (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) Findings.--Congress finds that--
            (1) the mission of the Calfed Bay-Delta Program is to 
        develop and implement to a long-term comprehensive plan that 
        will improve water management and restore the ecological health 
        of the Bay-Delta system;
            (2) the Federal and State agencies participating in the 
        Bay-Delta Program have prepared a thirty-year plan, the Record 
        of Decision, dated August 28, 2000, to coordinate existing 
        programs and direct new programs to improve the quality and 
        reliability of the State's water supplies and to restore the 
        ecological health of the Bay-Delta watershed;
            (3) the Calfed Bay-Delta Program was developed as a joint 
        Federal-State program to deal effectively with the 
        multijurisdictional issues involved in managing the Bay-Delta 
        system; and
            (4) while this Act authorizes appropriations for four years 
        of this thirty-year program, it is anticipated that the Federal 
        Government will participate as a full partner with the State of 
        California for the duration of this thirty-year Program.
    (b) 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 (undertake, fund, or participate in) the activities in the 
Record of Decision, subject to the provisions of this Act and the 
constraints of the Record of Decision, so that the Program activities 
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, as set forth in section 5(b) of this Act.
    (c) Authorized Activities.--
            (1) In general.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out 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 cost-share and other 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 California Bay-Delta 
        Authority to be consistent with the Record of Decision and all 
        applicable State and Federal law.
            (2) Specific activities authorized.--The Secretary of the 
        Interior is authorized to carry out the activities set forth in 
        subparagraphs (A) through (H), and subparagraphs (K), (L), and 
        (M) of subsection (c)(3). The Administrator of the 
        Environmental Protection Agency is authorized to carry out the 
        activities set forth in subparagraphs (G), (H), (I), (K), and 
        (L) of subsection (c)(3). The Secretary of the Army is 
        authorized to carry out the activities set forth in 
        subparagraphs (G), (J), (K), and (L) of subsection (c)(3). The 
        Secretary of Commerce is authorized to carry out the activities 
        set forth in subparagraphs (E), (G), (H), and (K) of subsection 
        (c)(3). The Secretary of Agriculture is authorized to carry out 
        the activities set forth in subparagraphs (C), (G), (H), (I), 
        and (K) of subsection (c)(3).
            (3) Program activities.--
                    (A) Water storage.--Of the amounts authorized to be 
                appropriated for fiscal years 2004 through 2007 under 
                this Act, no more than $102,000,000 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 (not to exceed 
                                $12,000,000); and
                                    (II) enlargement of Los Vaqueros 
                                Reservoir in Contra Costa County (not 
                                to exceed $17,000,000);
                            (ii) planning and feasibility studies for 
                        the following projects requiring further 
                        consideration--
                                    (I) Sites Reservoir in Colusa 
                                County (not to exceed $6,000,000); and
                                    (II) Upper San Joaquin River 
                                storage in Fresno and Madera Counties 
                                (not to exceed $11,000,000);
                            (iii) developing and implementing 
                        groundwater management and groundwater storage 
                        projects (not to exceed $50,000,000); and
                            (iv) comprehensive water management 
                        planning (not to exceed $6,000,000).
                    (B) Conveyance.--Of the amounts authorized to be 
                appropriated for fiscal years 2004 through 2007 under 
                this Act, no more than $77,000,000 may be expended for 
                the following--
                            (i) South Delta Actions (not to exceed 
                        $45,000,000)--
                                    (I) South Delta Improvements 
                                Program to--
                                            (aa) increase the State 
                                        Water Project export limit to 
                                        8,500 cfs; such increased 
                                        pumping is conditional upon 
                                        avoiding adverse impacts to 
                                        fishery protection and in-Delta 
                                        water supply reliability;
                                            (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; such increased pumping is 
                                        conditional upon avoiding 
                                        adverse impacts to fishery 
                                        protection and in-Delta water 
                                        supply reliability;
                                    (II) reduction of agricultural 
                                drainage in south Delta channels and 
                                other actions necessary to minimize 
                                impacts of such drainage on drinking 
                                water quality;
                                    (III) design and construction of 
                                lower San Joaquin River floodway 
                                improvements;
                                    (IV) installation and operation of 
                                temporary barriers in the south Delta 
                                until fully operable barriers are 
                                constructed;
                                    (V) actions to protect navigation 
                                and local diversions not adequately 
                                protected by the temporary barriers;
                                    (VI) actions identified in 
                                subclause (I) or other actions 
                                necessary to offset degradation of 
                                drinking water quality in the Delta due 
                                to the South Delta Improvements 
                                Program; and
                                    (VII) actions at Franks Tract to 
                                improve water quality in the Delta;
                            (ii) North Delta Actions (not to exceed 
                        $12,000,000)--
                                    (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, including full 
                                consideration of the constraints 
                                identified in the Record of Decision 
                                regarding Delta Cross Channel 
                                operations strategies, water quality 
                                impacts, technical viability, and 
                                fishery concerns; and
                                    (III) design and construction of 
                                lower Mokelumne River floodway 
                                improvements;
                            (iii) interties (not to exceed 
                        $10,000,000)--
                                    (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; and
                            (iv) evaluation and implementation of the 
                        San Luis Reservoir lowpoint improvement project 
                        (not to exceed $10,000,000);
                    (C) Water use efficiency.--Of the amounts 
                authorized to be appropriated for fiscal years 2004 
                through 2007 under this Act, no more than $153,000,000 
                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 (not to exceed $61,000,000);
                            (ii) technical assistance for urban and 
                        agricultural water conservation projects (not 
                        to exceed $5,000,000);
                            (iii) water recycling and desalination 
                        projects, including but not limited to projects 
                        identified in the Bay Area Water Plan and the 
                        Southern California Comprehensive Water 
                        Reclamation and Reuse Study (not to exceed 
                        $84,000,000), as follows--
                                    (I) in providing financial 
                                assistance under this clause, the 
                                Secretary shall give priority 
                                consideration to projects that include 
                                regional solutions to benefit regional 
                                water supply and reliability needs;
                                    (II) the Secretary shall 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;
                                    (III) the Secretary shall 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; and
                                    (IV) the Federal share of the cost 
                                of any activity carried out with 
                                assistance under this clause may not 
                                exceed the lesser of 25 percent of the 
                                total cost of the activity or 
                                $50,000,000;
                            (iv) water measurement and transfer actions 
                        (not to exceed $1,500,000); and
                            (v) certification of implementation of best 
                        management practices for urban water 
                        conservation (not to exceed $1,500,000).
                    (D) Water transfers.--Of the amounts authorized to 
                be appropriated for fiscal years 2004 through 2007 
                under this Act, no more than $3,000,000 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 2004 
                through 2007 under this act, no more than $75,000,000 
                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 2004 through 2007 under this Act, no more than 
                $95,000,000 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 2004 
                through 2007 under this Act, no more than $100,000,000 
                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) land and water acquisitions to 
                        improve habitat and 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 2004 through 2007 under 
                this Act, no more than $50,000,000 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 2004 through 2007 under 
                this Act, no more than $50,000,000 may be expended for 
                the following--
                            (i) implementation of source control 
                        programs in the Delta and its tributaries;
                            (ii) developing recommendations through 
                        scientific panels and advisory council 
                        processes to meet the Calfed Bay-Delta Program 
                        goal of continuous improvement in Delta water 
                        quality for all uses;
                            (iii) investing in treatment technology 
                        demonstration projects;
                            (iv) controlling runoff into the California 
                        aqueduct and other similar conveyances;
                            (v) addressing water quality problems at 
                        the North Bay Aqueduct;
                            (vi) studying recirculation of export water 
                        to reduce salinity and improve dissolved oxygen 
                        in the San Joaquin River;
                            (vii) supporting and participating in the 
                        development of projects to enable San Francisco 
                        Bay Area water districts to work cooperatively 
                        to address their water quality and supply 
                        reliability issues, including connections 
                        between aqueducts, water transfers, water 
                        conservation measures, institutional 
                        arrangements, and infrastructure improvements 
                        that encourage regional approaches, and 
                        investigations and studies of available 
                        capacity in a project to deliver water to the 
                        East Bay Municipal Utility District under its 
                        contract with the Bureau of Reclamation dated 
                        July 20, 2001, in order to determine if such 
                        capacity can be utilized to meet the above 
                        objectives: Provided, That these investigations 
                        and studies shall be conducted consistent with 
                        the Record of Decision;
                            (viii) development of water quality 
                        exchanges and other programs to make high 
                        quality water available to urban areas; and
                            (ix) 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 2004 through 2007 
                under this Act, no more than $70,000,000 may be 
                expended for the following--
                            (i) assisting local reclamation districts 
                        in reconstructing Delta levees to a base level 
                        of protection (not to exceed $20,000,000);
                            (ii) enhancing the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects program (not to exceed $20,000,000);
                            (iii) developing best management practices 
                        to control and reverse land subsidence on Delta 
                        islands (not to exceed $1,000,000);
                            (iv) refining the Delta Emergency 
                        Management Plan (not to exceed $1,000,000);
                            (v) developing a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes (not to exceed 
                        $500,000);
                            (vi) developing a strategy for reuse of 
                        dredged materials on Delta islands (not to 
                        exceed $1,500,000);
                            (vii) evaluating, and where appropriate, 
                        rehabilitating the Suisun Marsh levees (not to 
                        exceed $6,000,000); and
                            (viii) integrated flood management, 
                        ecosystem restoration, and levee protection 
                        projects, including design and construction of 
                        lower San Joaquin River and lower Mokelumne 
                        River floodway improvements and other projects 
                        under the Sacramento-San Joaquin Comprehensive 
                        Study (not to exceed $20,000,000);
                    (K) Science.--Of the amounts authorized to be 
                appropriated for fiscal years 2004 through 2007 under 
                this Act, no more than $50,000,000 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 2004 through 2007 under 
                this Act, no more than $25,000,000 may be expended by 
                the Secretary, acting through the Director of the 
                Calfed Bay-Delta Program, 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.
                    (M) Refuge water supplies.--Of the amounts 
                authorized to be appropriated for fiscal years 2004 
                through 2007 under this Act, no more than $30,000,000 
                may be expended to comply with the Level 2 and Level 4 
                refuge water supply requirements set forth in section 
                3406(d)(1)(2) of the Central Valley Project Improvement 
                Act. Such funds shall be expended first to acquire the 
                quantities of Level 4 water specified in section 
                3406(d)(2) of that Act and second to acquire 26,000 AF 
                of Level 2 replacement water. Any remaining funds may 
                be expended to diversify sources of Level 2 refuge 
                water supplies.
                    (N) Groundwater management.--The Secretary and the 
                Federal agency heads shall not approve, release, 
                transfer, or obligate in any manner any funds for the 
                design or construction of projects described in section 
                3(c)(3)(A) and section 3(c)(3)(B) of this Act until 
                there be in effect measures, duly enacted by the 
                California State legislature and adequate in the 
                judgment of the Secretary, to manage and control the 
                pumping of groundwater on a sustainable basis within 
                the Calfed Solution Area, as that term is used in the 
                Record of Decision.
            (4) 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: Provided, 
        however, That such activities shall not include construction 
        unless the United States is a party to the contract for 
        construction.
            (5) Project requirements regarding feasibility and 
        application of beneficiaries pay principle.--No Federal funds 
        are authorized for any project under the Calfed Bay-Delta 
        program for increasing water supply, water yield, water 
        storage, or water conveyance that is intended in whole or in 
        part for any agricultural, municipal and industrial, domestic, 
        or hydroelectric power purposes, unless--
                    (A) a feasibility study for the project is prepared 
                in accordance with this section;
                    (B) a report on the findings of such study is 
                submitted to the Secretary and the Congress; and
                    (C) the Secretary certifies that--
                            (i) the feasibility study and report 
                        indicate that total project benefits for those 
                        purposes will equal or exceed total project 
                        costs; and
                            (ii) the beneficiaries of those purposes 
                        have demonstrated to the satisfaction of the 
                        Secretary a willingness and ability to pay for 
                        costs allocated to them, under the 
                        beneficiaries pay principle referred to in 
                        section 2.2.5 of the Record of Decision; and
                            (iii) such beneficiaries are obligated to 
                        repay such costs.

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 are authorized to become voting 
members of the California Bay-Delta Authority, as established in the 
California Bay-Delta Authority Act (2002 Cal. Stat. Chap. 812), to the 
extent consistent with Federal law. Nothing in this subsection shall 
preempt or otherwise affect any Federal law or limit the statutory 
authority of any Federal agency: Provided, That the California Bay-
Delta Authority shall not be deemed to be an advisory committee within 
the meaning of the Federal Advisory Committee Act (5 U.S.C. App. 1) and 
the financial interests of the California Bay-Delta Authority shall not 
be imputed to any Federal official participating in such Authority.
    (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.
    (f) Land Acquisition.--Before obligating or expending any Federal 
funds to acquire land for the Ecosystem Restoration Program, the 
Secretary shall first determine that existing Federal land, State land, 
or other public land is not available for the project purpose. Private 
land acquisitions shall prioritize easements over acquisitions of fee 
title unless easements are unavailable or unsuitable for the stated 
purpose.
    (g) Status Reports.--The Secretary shall report monthly on the 
Authority's progress in achieving the water supply targets as described 
in Section 2.2.4 of the Record of Decision, the environmental water 
account requirements as described in Section 2.2.7, and the water 
quality targets as described in Section 2.2.9, and any pending actions 
that may affect the Authority's ability to achieve those targets and 
requirements.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report and Certification by Calfed.--The Secretary, in 
cooperation with the Governor, shall submit a report of the California 
Bay-Delta Authority 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(a) 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 California Bay-Delta Authority shall prepare a revised schedule 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) Feasibility Studies.--Any feasibility studies completed for 
storage projects as a result of this Act shall include identification 
of project benefits and beneficiaries and a cost allocation plan 
consistent with the beneficiaries pay provisions of the Record of 
Decision.
    (e) 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 certified by the Secretary containing a detailed accounting of 
all funds received and obligated by all Federal and State agencies 
responsible for implementing the Calfed Bay-Delta Program in the 
previous fiscal year, a budget for the proposed projects (including a 
description of the project, authorization level, and project status) 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.
    (f) Report.--Prior to December 2004, the Secretary, after 
consultation with the Governor and the Federal agency heads, shall 
submit a report to Congress that--
            (1) details the accomplishments of the Calfed Bay-Delta 
        Program to date;
            (2) identifies the specific steps that remain to be 
        undertaken in the Program;
            (3) sets forth the specific funding levels and sources to 
        accomplish such steps; and
            (4) makes such recommendations as may be necessary to 
        accomplish the goals and objectives of the continuing Calfed 
        Bay-Delta Program.

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, as set 
forth in section 3(c)(2). 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 and 
interagency budget crosscut report that displays the budget proposed, 
including any interagency or intra-agency transfer, 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 
$880,000,000 to pay the Federal share of carrying out Stage 1 of the 
Record of Decision for fiscal years 2004 through 2007, 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, unless otherwise specified in this Act.

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.
                                 <all>