[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Enrolled Bill (ENR)]

        H.R.2828

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
  To authorize the Secretary of the Interior to implement water supply 
     technology and infrastructure programs aimed at increasing and 
                 diversifying domestic water resources.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Supply, 
Reliability, and Environmental Improvement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Bay Delta program.
Sec. 104. Management.
Sec. 105. Reporting requirements.
Sec. 106. Crosscut budget.
Sec. 107. Federal share of costs.
Sec. 108. Compliance with State and Federal law.
Sec. 109. Authorization of appropriation.

                         TITLE II--MISCELLANEOUS

Sec. 201. Salton Sea study program.
Sec. 202. Alder Creek water storage and conservation project feasibility 
          study and report.
Sec. 203. Folsom Reservoir temperature control device authorization.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

    In this title:
        (1) Calfed bay-delta program.--The terms ``Calfed Bay-Delta 
    Program'' and ``Program'' mean the programs, projects, 
    complementary actions, and activities undertaken through 
    coordinated planning, implementation, and assessment activities of 
    the State agencies and Federal agencies as set forth in the Record 
    of Decision.
        (2) California bay-delta authority.--The terms ``California 
    Bay-Delta Authority'' and ``Authority'' mean the California Bay-
    Delta Authority, as set forth in the California Bay-Delta Authority 
    Act (Cal. Water Code Sec. 79400 et seq.).
        (3) Delta.--The term ``Delta'' has the meaning given the term 
    in the Record of Decision.
        (4) Environmental water account.--The term ``Environmental 
    Water Account'' means the Cooperative Management Program 
    established under the Record of Decision.
        (5) Federal agencies.--The term ``Federal agencies'' means--
            (A) the Department of the Interior, including--
                (i) the Bureau of Reclamation;
                (ii) the United States Fish and Wildlife Service;
                (iii) the Bureau of Land Management; and
                (iv) the 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 (also known as ``NOAA Fisheries'');
            (E) the Department of Agriculture, including--
                (i) the Natural Resources Conservation Service; and
                (ii) the Forest Service; and
            (F) the Western Area Power Administration.
        (6) Firm yield.--The term ``firm yield'' means a quantity of 
    water from a project or program that is projected to be available 
    on a reliable basis, given a specified level of risk, during a 
    critically dry period.
        (7) Governor.--The term ``Governor'' means the Governor of the 
    State of California.
        (8) Record of decision.--The term ``Record of Decision'' means 
    the Calfed Bay-Delta Program Record of Decision, dated August 28, 
    2000.
        (9) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (10) State.--The term ``State'' means the State of California.
        (11) State agencies.--The term ``State agencies'' means--
            (A) the Resources Agency of California, including--
                (i) the Department of Water Resources;
                (ii) the Department of Fish and Game;
                (iii) the Reclamation Board;
                (iv) the Delta Protection Commission;
                (v) the Department of Conservation;
                (vi) the San Francisco Bay Conservation and Development 
            Commission;
                (vii) the Department of Parks and Recreation; and
                (viii) the California Bay-Delta Authority;
            (B) the California Environmental Protection Agency, 
        including the State Water Resources Control Board;
            (C) the California Department of Food and Agriculture; and
            (D) the Department of Health Services.

SEC. 103. BAY DELTA PROGRAM.

    (a) In General.--
        (1) Record of decision as general framework.--The Record of 
    Decision is approved as a general framework for addressing the 
    Calfed Bay-Delta Program, including its components relating to 
    water storage, ecosystem restoration, water supply reliability 
    (including new firm yield), conveyance, water use efficiency, water 
    quality, water transfers, watersheds, the Environmental Water 
    Account, levee stability, governance, and science.
        (2) Requirements.--
            (A) In general.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out the activities described 
        in subsections (c) through (f) consistent with--
                (i) the Record of Decision;
                (ii) the requirement that Program activities consisting 
            of protecting drinking water quality, restoring ecological 
            health, improving water supply reliability (including 
            additional storage, conveyance, and new firm yield), and 
            protecting Delta levees will progress in a balanced manner; 
            and
                (iii) this title.
            (B) Multiple benefits.--In selecting activities and 
        projects, the Secretary and the heads of the Federal agencies 
        shall consider whether the activities and projects have 
        multiple benefits.
    (b) Authorized Activities.--The Secretary and the heads of the 
Federal agencies are authorized to carry out the activities described 
in subsections (c) through (f) in furtherance of the Calfed Bay-Delta 
Program as set forth in the Record of Decision, subject to the cost-
share and other provisions of this title, if the activity has been--
        (1) subject to environmental review and approval, as required 
    under applicable Federal and State law; and
        (2) approved and certified by the relevant Federal agency, 
    following consultation and coordination with the Governor, to be 
    consistent with the Record of Decision.
    (c) Authorizations for Federal Agencies Under Applicable Law.--
        (1) Secretary of the interior.--The Secretary of the Interior 
    is authorized to carry out the activities described in paragraphs 
    (1) through (10) of subsection (d), to the extent authorized under 
    the reclamation laws, the Central Valley Project Improvement Act 
    (title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish and 
    Wildlife Coordination Act (16 U.S.C. 661 et seq.), the Endangered 
    Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable 
    law.
        (2) Administrator of the environmental protection agency.--The 
    Administrator of the Environmental Protection Agency is authorized 
    to carry out the activities described in paragraphs (3), (5), (6), 
    (7), (8), and (9) of subsection (d), to the extent authorized under 
    the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
    the Safe Drinking Water Act (42 U.S.C. 300f et seq.), and other 
    applicable law.
        (3) Secretary of the army.--The Secretary of the Army is 
    authorized to carry out the activities described in paragraphs (1), 
    (2), (6), (7), (8), and (9) of subsection (d), to the extent 
    authorized under flood control, water resource development, and 
    other applicable law.
        (4) Secretary of commerce.--The Secretary of Commerce is 
    authorized to carry out the activities described in paragraphs (2), 
    (6), (7), and (9) of subsection (d), to the extent authorized under 
    the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
    Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
    applicable law.
        (5) Secretary of agriculture.--The Secretary of Agriculture is 
    authorized to carry out the activities described in paragraphs (3), 
    (5), (6), (7), (8), and (9) of subsection (d), to the extent 
    authorized under title XII of the Food Security Act of 1985 (16 
    U.S.C. 3801 et seq.), the Farm Security and Rural Investment Act of 
    2002 (Public Law 107-171; 116 Stat. 134) (including amendments made 
    by that Act), and other applicable law.
    (d) Description of Activities Under Applicable Law.--
        (1) Water storage.--
            (A) In general.--Activities under this paragraph consist 
        of--
                (i) planning and feasibility studies for projects to be 
            pursued with project-specific study for enlargement of--

                    (I) the Shasta Dam in Shasta County; and
                    (II) the Los Vaqueros Reservoir in Contra Costa 
                County;

                (ii) planning and feasibility studies for the following 
            projects requiring further consideration--

                    (I) the Sites Reservoir in Colusa County; and
                    (II) the 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) Storage project authorization and balanced calfed 
        implementation.--
                (i) In general.--If on completion of the feasibility 
            study for a project described in clause (i) or (ii) of 
            subparagraph (A), the Secretary, in consultation with the 
            Governor, determines that the project should be constructed 
            in whole or in part with Federal funds, the Secretary shall 
            submit the feasibility study to Congress.
                (ii) Finding of imbalance.--If Congress fails to 
            authorize construction of the project by the end of the 
            next full session following the submission of the 
            feasibility study, the Secretary, in consultation with the 
            Governor, shall prepare a written determination making a 
            finding of imbalance for the Calfed Bay-Delta Program.
                (iii) Report on rebalancing.--

                    (I) In general.--If the Secretary makes a finding 
                of imbalance for the Program under clause (ii), the 
                Secretary, in consultation with the Governor, shall, 
                not later than 180 days after the end of the full 
                session described in clause (ii), prepare and submit to 
                Congress a report on the measures necessary to 
                rebalance the Program.
                    (II) Schedules and alternatives.--The report shall 
                include preparation of revised schedules and 
                identification of alternatives to rebalance the 
                Program, including resubmission of the project to 
                Congress with or without modification, construction of 
                other projects, and construction of other projects that 
                provide equivalent water supply and other benefits at 
                equal or lesser cost.

            (C) Water supply and yield study.--
                (i) In general.--The Secretary, acting through the 
            Bureau of Reclamation and in coordination with the State, 
            shall conduct a study of available water supplies and 
            existing and future needs for water--

                    (I) within the units of the Central Valley Project;
                    (II) within the area served by Central Valley 
                Project agricultural, municipal, and industrial water 
                service contractors; and
                    (III) within the Calfed Delta solution area.

                (ii) Relationship to prior study.--In conducting the 
            study, the Secretary shall incorporate and revise, as 
            necessary, the results of the study required by section 
            3408(j) of the Central Valley Project Improvement Act of 
            1992 (Public Law 102-575; 106 Stat. 4730).
                (iii) Report.--Not later than 1 year after the date of 
            enactment of this Act, the Secretary shall submit to the 
            appropriate authorizing and appropriating committees of the 
            Senate and the House of Representatives a report describing 
            the results of the study, including--

                    (I) new firm yield and water supply improvements, 
                if any, for Central Valley Project agricultural water 
                service contractors and municipal and industrial water 
                service contractors, including those identified in 
                Bulletin 160;
                    (II) all water management actions or projects, 
                including those identified in Bulletin 160, that 
                would--

                        (aa) improve firm yield or water supply; and
                        (bb) if taken or constructed, balance available 
                    water supplies and existing demand with due 
                    recognition of water right priorities and 
                    environmental needs;

                    (III) the financial costs of the actions and 
                projects described under subclause (II); and
                    (IV) the beneficiaries of those actions and 
                projects and an assessment of the willingness of the 
                beneficiaries to pay the capital costs and operation 
                and maintenance costs of the actions and projects.

            (D) Management.--The Secretary shall conduct activities 
        related to developing groundwater storage projects to the 
        extent authorized under law.
            (E) Comprehensive water planning.--The Secretary shall 
        conduct activities related to comprehensive water management 
        planning to the extent authorized under law.
        (2) Conveyance.--
            (A) South delta actions.--
                (i) In general.--In the case of the South Delta, 
            activities under this subparagraph consist of--

                    (I) the South Delta Improvements Program through 
                actions to--

                        (aa) increase the State Water Project export 
                    limit to 8,500 cfs;
                        (bb) install permanent, operable barriers in 
                    the South Delta, under which Federal agencies shall 
                    cooperate with the State to accelerate installation 
                    of the permanent, operable barriers in the South 
                    Delta, with an intent to complete that installation 
                    not later than September 30, 2007;
                        (cc) evaluate, consistent with the Record of 
                    Decision, fish screens and intake facilities at 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 other actions necessary to minimize 
                the impact of drainage on drinking water quality;
                    (III) evaluation of lower San Joaquin River 
                floodway improvements;
                    (IV) installation and operation of temporary 
                barriers in the South Delta until fully operable 
                barriers are constructed; and
                    (V) actions to protect navigation and local 
                diversions not adequately protected by temporary 
                barriers.

                (ii) Actions to increase pumping.--Actions to increase 
            pumping shall be accomplished in a manner consistent with 
            the Record of Decision requirement to avoid redirected 
            impacts and adverse impacts to fishery protection and with 
            any applicable Federal or State law that protects--

                    (I) water diversions and use (including avoidance 
                of increased costs of diversion) by in-Delta water 
                users (including in-Delta agricultural users that have 
                historically relied on water diverted for use in the 
                Delta);
                    (II) water quality for municipal, industrial, 
                agricultural, and other uses; and
                    (III) water supplies for areas of origin.

            (B) North delta actions.--In the case of the North Delta, 
        activities under this subparagraph consist of--
                (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) evaluation of lower Mokelumne River floodway 
            improvements.
            (C) Interties.--Activities under this subparagraph consist 
        of--
                (i) evaluation and construction of an intertie between 
            the State Water Project California Aqueduct and the Central 
            Valley Project Delta Mendota Canal, near the City of Tracy, 
            as an operation and maintenance activity, except that the 
            Secretary shall design and construct the intertie in a 
            manner consistent with a possible future expansion of the 
            intertie capacity (as described in subsection (f)(1)(B)); 
            and
                (ii) assessment of a connection of the Central Valley 
            Project to the Clifton Court Forebay of the State Water 
            Project, with a corresponding increase in the screened 
            intake of the Forebay.
            (D) Program to meet standards.--
                (i) In general.--Prior to increasing export limits from 
            the Delta for the purposes of conveying water to south-of-
            Delta Central Valley Project contractors or increasing 
            deliveries through an intertie, the Secretary shall, not 
            later than 1 year after the date of enactment of this Act, 
            in consultation with the Governor, develop and initiate 
            implementation of a program to meet all existing water 
            quality standards and objectives for which the Central 
            Valley Project has responsibility.
                (ii) Measures.--In developing and implementing the 
            program, the Secretary shall include, to the maximum extent 
            feasible, the measures described in clauses (iii) through 
            (vii).
                (iii) Recirculation program.--The Secretary shall 
            incorporate into the program a recirculation program to 
            provide flow, reduce salinity concentrations in the San 
            Joaquin River, and reduce the reliance on the New Melones 
            Reservoir for meeting water quality and fishery flow 
            objectives through the use of excess capacity in export 
            pumping and conveyance facilities.
                (iv) Best management practices plan.--

                    (I) In general.--The Secretary shall develop and 
                implement, in coordination with the State's programs to 
                improve water quality in the San Joaquin River, a best 
                management practices plan to reduce the water quality 
                impacts of the discharges from wildlife refuges that 
                receive water from the Federal Government and discharge 
                salt or other constituents into the San Joaquin River.
                    (II) Coordination with interested parties.--The 
                plan shall be developed in coordination with interested 
                parties in the San Joaquin Valley and the Delta.
                    (III) Coordination with entities that discharge 
                water.--The Secretary shall also coordinate activities 
                under this clause with other entities that discharge 
                water into the San Joaquin River to reduce salinity 
                concentrations discharged into the River, including the 
                timing of discharges to optimize their assimilation.

                (v) Acquisition of water.--The Secretary shall 
            incorporate into the program the acquisition from willing 
            sellers of water from streams tributary to the San Joaquin 
            River or other sources to provide flow, dilute discharges 
            of salt or other constituents, and to improve water quality 
            in the San Joaquin River below the confluence of the Merced 
            and San Joaquin Rivers, and to reduce the reliance on New 
            Melones Reservoir for meeting water quality and fishery 
            flow objectives.
                (vi) Purpose.--The purpose of the authority and 
            direction provided to the Secretary under this subparagraph 
            is to provide greater flexibility in meeting the existing 
            water quality standards and objectives for which the 
            Central Valley Project has responsibility so as to reduce 
            the demand on water from New Melones Reservoir used for 
            that purpose and to assist the Secretary in meeting any 
            obligations to Central Valley Project contractors from the 
            New Melones Project.
                (vii) Updating of new melones operating plan.--The 
            Secretary shall update the New Melones operating plan to 
            take into account, among other things, the actions 
            described in this title that are designed to reduce the 
            reliance on New Melones Reservoir for meeting water quality 
            and fishery flow objectives, and to ensure that actions to 
            enhance fisheries in the Stanislaus River are based on the 
            best available science.
        (3) Water use efficiency.--
            (A) Water conservation projects.--Activities under this 
        paragraph include water conservation projects that provide 
        water supply reliability, water quality, and ecosystem benefits 
        to the California Bay-Delta system.
            (B) Technical assistance.--Activities under this paragraph 
        include technical assistance for urban and agricultural water 
        conservation projects.
            (C) Water recycling and desalination projects.--Activities 
        under this paragraph include water recycling and desalination 
        projects, including groundwater remediation projects and 
        projects identified in the Bay Area Water Plan and the Southern 
        California Comprehensive Water Reclamation and Reuse Study and 
        other projects, giving priority to projects that include 
        regional solutions to benefit regional water supply and 
        reliability needs.
            (D) Water measurement and transfer actions.--Activities 
        under this paragraph include water measurement and transfer 
        actions.
            (E) Urban water conservation.--Activities under this 
        paragraph include implementation of best management practices 
        for urban water conservation.
            (F) Reclamation and recycling projects.--
                (i) Projects.--This subparagraph applies to--

                    (I) projects identified in the Southern California 
                Comprehensive Water Reclamation and Reuse Study, dated 
                April 2001 and authorized by section 1606 of the 
                Reclamation Wastewater and Groundwater Study and 
                Facilities Act (43 U.S.C. 390h-4); and
                    (II) projects identified in the San Francisco Bay 
                Area Regional Water Recycling Program described in the 
                San Francisco Bay Area Regional Water Recycling Program 
                Recycled Water Master Plan, dated December 1999 and 
                authorized by section 1611 of the Reclamation 
                Wastewater and Groundwater Study and Facilities Act (43 
                U.S.C. 390h-9).

                (ii) Deadline.--Not later than 180 days after the date 
            of enactment of this Act, the Secretary shall--

                    (I) complete the review of the existing studies of 
                the projects described in clause (i); and
                    (II) make the feasibility determinations described 
                in clause (iii).

                (iii) Feasibility determinations.--A project described 
            in clause (i) is presumed to be feasible if the Secretary 
            determines for the project--

                    (I) in consultation with the affected local 
                sponsoring agency and the State, that the existing 
                planning and environmental studies for the project 
                (together with supporting materials and documentation) 
                have been prepared consistent with Bureau of 
                Reclamation procedures for projects under consideration 
                for financial assistance under the Reclamation 
                Wastewater and Groundwater Study and Facilities Act (43 
                U.S.C. 390h et seq.); and
                    (II) that the planning and environmental studies 
                for the project (together with supporting materials and 
                documentation) demonstrate that the project will 
                contribute to the goals of improving water supply 
                reliability in the Calfed solution area or the Colorado 
                River Basin within the State and otherwise meets the 
                requirements of section 1604 of the Reclamation 
                Wastewater and Groundwater Study and Facilities Act (43 
                U.S.C. 390h-2).

                (iv) Report.--Not later than 90 days after the date of 
            completion of a feasibility study or the review of a 
            feasibility study under this subparagraph, the Secretary 
            shall submit to the appropriate authorizing and 
            appropriating committees of the Senate and the House of 
            Representatives a report describing the results of the 
            study or review.
        (4) Water transfers.--Activities under this paragraph consist 
    of--
            (A) increasing the availability of existing facilities for 
        water transfers;
            (B) lowering transaction costs through permit streamlining; 
        and
            (C) maintaining a water transfer information clearinghouse.
        (5) Integrated regional water management plans.--Activities 
    under this paragraph consist of assisting local and regional 
    communities in the State in developing and implementing integrated 
    regional water management plans to carry out projects and programs 
    that improve water supply reliability, water quality, ecosystem 
    restoration, and flood protection, or meet other local and regional 
    needs, in a manner that is consistent with, and makes a significant 
    contribution to, the Calfed Bay-Delta Program.
        (6) Ecosystem restoration.--
            (A) In general.--Activities under this paragraph consist 
        of--
                (i) implementation of large-scale restoration projects 
            in San Francisco Bay and the Delta and its tributaries;
                (ii) restoration of habitat in the Delta, San Pablo 
            Bay, and Suisun Bay and Marsh, including tidal wetland and 
            riparian habitat;
                (iii) fish screen and fish passage improvement 
            projects, including the Sacramento River Small Diversion 
            Fish Screen Program;
                (iv) implementation of an invasive species program, 
            including prevention, control, and eradication;
                (v) development and integration of Federal and State 
            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 manage or 
            reduce concentrations of 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.
            (B) Reporting requirements.--The Secretary or the head of 
        the relevant Federal agency (as appropriate under clause (ii)) 
        shall provide to the appropriate authorizing committees of the 
        Senate and the House of Representatives and other appropriate 
        parties in accordance with this subparagraph--
                (i) an annual ecosystem program plan report in 
            accordance with subparagraph (C); and
                (ii) detailed project reports in accordance with 
            subparagraph (D).
            (C) Annual ecosystem program plan.--
                (i) In general.--Not later than October 1 of each year, 
            with respect to each ecosystem restoration action carried 
            out using Federal funds under this title, the Secretary, in 
            consultation with the Governor, shall submit to the 
            appropriate authorizing committees of the Senate and the 
            House of Representatives an annual ecosystem program plan 
            report.
                (ii) Purposes.--The purposes of the report are--

                    (I) to describe the projects and programs to 
                implement this subsection in the following fiscal year; 
                and
                    (II) to establish priorities for funding the 
                projects and programs for subsequent fiscal years.

                (iii) Contents.--The report shall describe--

                    (I) the goals and objectives of the programs and 
                projects;
                    (II) program accomplishments;
                    (III) major activities of the programs;
                    (IV) the Federal agencies involved in each project 
                or program identified in the plan and the cost-share 
                arrangements with cooperating agencies;
                    (V) the resource data and ecological monitoring 
                data to be collected for the restoration projects and 
                how the data are to be integrated, streamlined, and 
                designed to measure the effectiveness and overall trend 
                of ecosystem health in the Bay-Delta watershed;
                    (VI) implementation schedules and budgets;
                    (VII) existing monitoring programs and performance 
                measures;
                    (VIII) the status and effectiveness of measures to 
                minimize the impacts of the program on agricultural 
                land; and
                    (IX) a description of expected benefits of the 
                restoration program relative to the cost.

                (iv) Special rule for land acquisition using federal 
            funds.--For each ecosystem restoration project involving 
            land acquisition using Federal funds under this title, the 
            Secretary shall--

                    (I) identify the specific parcels to be acquired in 
                the annual ecosystem program plan report under this 
                subparagraph; or
                    (II) not later than 150 days before the project is 
                approved, provide to the appropriate authorizing 
                committees of the Senate and the House of 
                Representatives, the United States Senators from the 
                State, and the United States Representative whose 
                district would be affected, notice of any such proposed 
                land acquisition using Federal funds under this title 
                submitted to the Federal or State agency.

            (D) Detailed project reports.--
                (i) In general.--In the case of each ecosystem 
            restoration program or project funded under this title that 
            is not specifically identified in an annual ecosystem 
            program plan under subparagraph (C), not later than 45 days 
            prior to approval, the Secretary, in coordination with the 
            State, shall submit to the appropriate authorizing 
            committees of the Senate and the House of Representatives 
            recommendations on the proposed program or project.
                (ii) Contents.--The recommendations shall--

                    (I) describe the selection of the program or 
                project, including the level of public involvement and 
                independent science review;
                    (II) describe the goals, objectives, and 
                implementation schedule of the program or project, and 
                the extent to which the program or project addresses 
                regional and programmatic goals and priorities;
                    (III) describe the monitoring plans and performance 
                measures that will be used for evaluating the 
                performance of the proposed program or project;
                    (IV) identify any cost-sharing arrangements with 
                cooperating entities;
                    (V) identify how the proposed program or project 
                will comply with all applicable Federal and State laws, 
                including the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (VI) in the case of any program or project 
                involving the acquisition of private land using Federal 
                funds under this title--

                        (aa) describe the process and timing of 
                    notification of interested members of the public 
                    and local governments;
                        (bb) describe the measures taken to minimize 
                    impacts on agricultural land pursuant to the Record 
                    of Decision; and
                        (cc) include preliminary management plans for 
                    all properties to be acquired with Federal funds, 
                    including an overview of existing conditions 
                    (including habitat types in the affected project 
                    area), the expected ecological benefits, 
                    preliminary cost estimates, and implementation 
                    schedules.
        (7) Watersheds.--Activities under this paragraph consist of--
            (A) building local capacity to assess and manage watersheds 
        affecting the Delta system;
            (B) technical assistance for watershed assessments and 
        management plans; and
            (C) developing and implementing locally-based watershed 
        conservation, maintenance, and restoration actions.
        (8) Water quality.--Activities under this paragraph consist 
    of--
            (A) addressing drainage problems in the San Joaquin Valley 
        to improve downstream water quality (including habitat 
        restoration projects that improve water quality) if--
                (i) a plan is in place for monitoring downstream water 
            quality improvements; and
                (ii) State and local agencies are consulted on the 
            activities to be funded;
        except that no right, benefit, or privilege is created as a 
        result of this subparagraph;
            (B) implementation of source control programs in the Delta 
        and its tributaries;
            (C) 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;
            (D) investing in treatment technology demonstration 
        projects;
            (E) controlling runoff into the California aqueduct, the 
        Delta-Mendota Canal, and other similar conveyances;
            (F) addressing water quality problems at the North Bay 
        Aqueduct;
            (G) supporting and participating in the development of 
        projects to enable San Francisco Bay Area water districts, and 
        water entities in San Joaquin and Sacramento Counties, to work 
        cooperatively to address their water quality and supply 
        reliability issues, including--
                (i) connections between aqueducts, water transfers, 
            water conservation measures, institutional arrangements, 
            and infrastructure improvements that encourage regional 
            approaches; and
                (ii) 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 objectives of 
            this subparagraph;
            (H) development of water quality exchanges and other 
        programs to make high quality water available for urban and 
        other users;
            (I) development and implementation of a plan to meet all 
        Delta water quality standards for which the Federal and State 
        water projects have responsibility;
            (J) development of recommendations through science panels 
        and advisory council processes to meet the Calfed Bay-Delta 
        Program goal of continuous improvement in water quality for all 
        uses; and
            (K) projects that are consistent with the framework of the 
        water quality component of the Calfed Bay-Delta Program.
        (9) Science.--Activities under this paragraph consist of--
            (A) supporting establishment and maintenance of an 
        independent science board, technical panels, and standing 
        boards to provide oversight and peer review of the Program;
            (B) conducting expert evaluations and scientific 
        assessments of all Program elements;
            (C) coordinating existing monitoring and scientific 
        research programs;
            (D) developing and implementing adaptive management 
        experiments to test, refine, and improve scientific 
        understandings;
            (E) establishing performance measures, and monitoring and 
        evaluating the performance of all Program elements; and
            (F) preparing an annual science report.
        (10) Diversification of water supplies.--Activities under this 
    paragraph consist of actions to diversify sources of level 2 refuge 
    supplies and modes of delivery to refuges while maintaining the 
    diversity of level 4 supplies pursuant to section 3406(d)(2) of the 
    Central Valley Project Improvement Act (Public Law 102-575; 106 
    Stat. 4723).
    (e) New and Expanded Authorizations for Federal Agencies.--
        (1) In general.--The heads of the Federal agencies described in 
    this subsection are authorized to carry out the activities 
    described in subsection (f) during each of fiscal years 2005 
    through 2010, in coordination with the Governor.
        (2) Secretary of the interior.--The Secretary of the Interior 
    is authorized to carry out the activities described in paragraphs 
    (1), (2), and (4) of subsection (f).
        (3) Administrator of the environmental protection agency and 
    the secretaries of agriculture and commerce.--The Administrator of 
    the Environmental Protection Agency, the Secretary of Agriculture, 
    and the Secretary of Commerce are authorized to carry out the 
    activities described in subsection (f)(4).
        (4) Secretary of the army.--The Secretary of the Army is 
    authorized to carry out the activities described in paragraphs (3) 
    and (4) of subsection (f).
    (f) Description of Activities Under New and Expanded 
Authorizations.--
        (1) Conveyance.--Of the amounts authorized to be appropriated 
    under section 109, not more than $184,000,000 may be expended for 
    the following:
            (A) San luis reservoir.--Funds may be expended for 
        feasibility studies, evaluation, and implementation of the San 
        Luis Reservoir lowpoint improvement project, except that 
        Federal participation in any construction of an expanded 
        Pacheco Reservoir shall be subject to future congressional 
        authorization.
            (B) Intertie.--Funds may be expended for feasibility 
        studies and evaluation of increased capacity of the intertie 
        between the State Water Project California Aqueduct and the 
        Central Valley Project Delta Mendota Canal.
            (C) Franks tract.--Funds may be expended for feasibility 
        studies and actions at Franks Tract to improve water quality in 
        the Delta.
            (D) Clifton court forebay and the tracy pumping plant.--
        Funds may be expended for feasibility studies and design of 
        fish screen and intake facilities at Clifton Court Forebay and 
        the Tracy Pumping Plant facilities.
            (E) Drinking water intake facilities.--
                (i) In general.--Funds may be expended for design and 
            construction of the relocation of drinking water intake 
            facilities to in-Delta water users.
                (ii) Drinking water quality.--The Secretary shall 
            coordinate actions for relocating intake facilities on a 
            time schedule consistent with subsection 
            (d)(2)(A)(i)(I)(bb) or take other actions necessary to 
            offset the degradation of drinking water quality in the 
            Delta due to the South Delta Improvement Program.
            (F) New melones reservoir.--
                (i) In general.--In addition to the other 
            authorizations granted to the Secretary by this title, the 
            Secretary shall acquire water from willing sellers and 
            undertake other actions designed to decrease releases from 
            the New Melones Reservoir for meeting water quality 
            standards and flow objectives for which the Central Valley 
            Project has responsibility to assist in meeting allocations 
            to Central Valley Project contractors from the New Melones 
            Project.
                (ii) Purpose.--The authorization under this 
            subparagraph is solely meant to add flexibility for the 
            Secretary to meet any obligations of the Secretary to the 
            Central Valley Project contractors from the New Melones 
            Project by reducing demand for water dedicated to meeting 
            water quality standards in the San Joaquin River.
                (iii) Funding.--Of the amounts authorized to be 
            appropriated under section 109, not more than $30,000,000 
            may be expended to carry out clause (i).
            (G) Recirculation of export water.--Funds may be used to 
        conduct feasibility studies, evaluate, and, if feasible, 
        implement the recirculation of export water to reduce salinity 
        and improve dissolved oxygen in the San Joaquin River.
        (2) Environmental water account.--
            (A) In general.--Of the amounts authorized to be 
        appropriated under section 109, not more than $90,000,000 may 
        be expended for implementation of the Environmental Water 
        Account.
            (B) Nonreimbursable federal expenditure.--Expenditures 
        under subparagraph (A) shall be considered a nonreimbursable 
        Federal expenditure in recognition of the payments of the 
        contractors of the Central Valley Project to the Restoration 
        Fund created by the Central Valley Project Improvement Act 
        (Title XXXIV of Public Law 102-575; 106 Stat. 4706).
            (C) Use of restoration fund.--
                (i) In general.--Of the amounts appropriated for the 
            Restoration Fund for each fiscal year, an amount not to 
            exceed $10,000,000 for any fiscal year may be used to 
            implement the Environmental Water Account to the extent 
            those actions are consistent with the fish and wildlife 
            habitat restoration and improvement purposes of the Central 
            Valley Project Improvement Act.
                (ii) Accounting.--Any such use of the Restoration Fund 
            shall count toward the 33 percent of funds made available 
            to the Restoration Fund that, pursuant to section 3407(a) 
            of the Central Valley Project Improvement Act, are 
            otherwise authorized to be appropriated to the Secretary to 
            carry out paragraphs (4) through (6), (10) through (18), 
            and (20) through (22) of section 3406(b) of that Act.
                (iii) Federal funding.--The $10,000,000 limitation on 
            the use of the Restoration Fund for the Environmental Water 
            Account under clause (i) does not limit the appropriate 
            amount of Federal funding for the Environmental Water 
            Account.
        (3) Levee stability.--
            (A) In general.--For purposes of implementing the Calfed 
        Bay-Delta Program within the Delta (as defined in Cal. Water 
        Code  12220)), the Secretary of the Army is authorized to 
        undertake the construction and implementation of levee 
        stability programs or projects for such purposes as flood 
        control, ecosystem restoration, water supply, water conveyance, 
        and water quality objectives.
            (B) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Army shall submit 
        to the appropriate authorizing and appropriating committees of 
        the Senate and the House of Representatives a report that 
        describes the levee stability reconstruction projects and 
        priorities that will be carried out under this title during 
        each of fiscal years 2005 through 2010.
            (C) Small flood control projects.--Notwithstanding the 
        project purpose, the authority granted under section 205 of the 
        Flood Control Act of 1948 (33 U.S.C. 701s) shall apply to each 
        project authorized under this paragraph.
            (D) Projects.--Of the amounts authorized to be appropriated 
        under section 109, not more than $90,000,000 may be expended 
        to--
                (i) reconstruct Delta levees to a base level of 
            protection (also known as the ``Public Law 84-99 
            standard'');
                (ii) enhance the stability of levees that have 
            particular importance in the system through the Delta Levee 
            Special Improvement Projects Program;
                (iii) develop best management practices to control and 
            reverse land subsidence on Delta islands;
                (iv) develop a Delta Levee Emergency Management and 
            Response Plan that will enhance the ability of Federal, 
            State, and local agencies to rapidly respond to levee 
            emergencies;
                (v) develop a Delta Risk Management Strategy after 
            assessing the consequences of Delta levee failure from 
            floods, seepage, subsidence, and earthquakes;
                (vi) reconstruct Delta levees using, to the maximum 
            extent practicable, dredged materials from the Sacramento 
            River, the San Joaquin River, and the San Francisco Bay in 
            reconstructing Delta levees;
                (vii) coordinate Delta levee projects with flood 
            management, ecosystem restoration, and levee protection 
            projects of the lower San Joaquin River and lower Mokelumne 
            River floodway improvements and other projects under the 
            Sacramento-San Joaquin Comprehensive Study; and
                (viii) evaluate and, if appropriate, rehabilitate the 
            Suisun Marsh levees.
        (4) Program management, oversight, and coordination.--
            (A) In general.--Of the amounts authorized to be 
        appropriated under section 109, not more than $25,000,000 may 
        be expended by the Secretary or the other heads of Federal 
        agencies, either directly or through grants, contracts, or 
        cooperative agreements with agencies of the State, for--
                (i) Program support;
                (ii) Program-wide tracking of schedules, finances, and 
            performance;
                (iii) multiagency oversight and coordination of Program 
            activities to ensure Program balance and integration;
                (iv) 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;
                (v) coordination of public outreach and involvement, 
            including tribal, environmental justice, and public 
            advisory activities in accordance with the Federal Advisory 
            Committee Act (5 U.S.C. App.); and
                (vi) development of Annual Reports.
            (B) Program-wide activities.--Of the amount referred to in 
        subparagraph (A), not less than 50 percent of the appropriated 
        amount shall be provided to the California Bay-Delta Authority 
        to carry out Program-wide management, oversight, and 
        coordination activities.

SEC. 104. 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 an advisory committee established in 
accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and 
other appropriate means, to seek input on Program planning and 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.--
        (1) In general.--In carrying out the Calfed Bay-Delta Program, 
    the Secretary and the Federal agency heads are authorized to 
    participate as nonvoting members of the California Bay-Delta 
    Authority, as established in the California Bay-Delta Authority Act 
    (Cal. Water Code Sec. 79400 et seq.), to the extent consistent with 
    Federal law, for the full duration of the period the Authority 
    continues to be authorized by State law.
        (2) Relationship to federal law and agencies.--Nothing in this 
    subsection shall preempt or otherwise affect any Federal law or 
    limit the statutory authority of any Federal agency.
        (3) California bay-delta authority.--
            (A) Advisory committee.--The California Bay-Delta Authority 
        shall not be considered an advisory committee within the 
        meaning of the Federal Advisory Committee Act (5 U.S.C. App.).
            (B) Financial interest.--The financial interests of the 
        California Bay-Delta Authority shall not be imputed to any 
        Federal official participating in the Authority.
            (C) Ethics requirements.--A Federal official participating 
        in the California Bay-Delta Authority shall remain subject to 
        Federal financial disclosure and conflict of interest laws and 
        shall not be subject to State financial disclosure and conflict 
        of interest laws.
    (e) Environmental Justice.--The Federal agencies, consistent with 
Executive Order 12898 (59 Fed. Reg. 7629), should continue to 
collaborate with State agencies to--
        (1) develop a comprehensive environmental justice workplan for 
    the Calfed Bay-Delta Program; and
        (2) 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.--Federal funds appropriated by Congress 
specifically for implementation of the Calfed Bay-Delta Program may be 
used to acquire fee title to land only where consistent with the Record 
of Decision.

SEC. 105. REPORTING REQUIREMENTS.

    (a) Report.--
        (1) In general.--Not later than February 15 of each year, the 
    Secretary, in cooperation with the Governor, shall submit to the 
    appropriate authorizing and appropriating committees of the Senate 
    and the House of Representatives a report that--
            (A) describes the status of implementation of all 
        components of the Calfed Bay-Delta Program;
            (B) sets forth any written determination resulting from the 
        review required under subsection (b) or section 103(d)(1)(B); 
        and
            (C) includes any revised schedule prepared under subsection 
        (b) or section 103(d)(1)(B)(iii)(II).
        (2) Contents.--The report required under paragraph (1) shall 
    describe--
            (A) 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;
            (B) the status of implementation of all components of the 
        Program;
            (C) expenditures in the past fiscal year for implementing 
        the Program;
            (D) accomplishments during the past fiscal year in 
        achieving the objectives of additional and improved--
                (i) water storage;
                (ii) water quality, including--

                    (I) the water quality targets described in section 
                2.2.9 of the Record of Decision; and
                    (II) any pending actions that may affect the 
                ability of the Calfed Bay-Delta Program to achieve 
                those targets and requirements;

                (iii) water use efficiency;
                (iv) ecosystem restoration;
                (v) watershed management;
                (vi) levee system integrity;
                (vii) water transfers;
                (viii) water conveyance;
                (ix) water supply reliability (including new firm 
            yield), including progress in achieving the water supply 
            targets described in section 2.2.4 of the Record of 
            Decision and any pending actions that may affect the 
            ability of the Calfed Bay-Delta Program to achieve those 
            targets; and
                (x) the uses and assets of the environmental water 
            account described in section 2.2.7 of the Record of 
            Decision;
            (E) Program goals, current schedules, and relevant 
        financing agreements, including funding levels necessary to 
        achieve completion of the feasibility studies and environmental 
        documentation for the surface storage projects identified in 
        section 103 by not later than September 30, 2008;
            (F) progress on--
                (i) storage projects;
                (ii) conveyance improvements;
                (iii) levee improvements;
                (iv) water quality projects; and
                (v) water use efficiency programs;
            (G) completion of key projects and milestones identified in 
        the Ecosystem Restoration Program, including progress on 
        project effectiveness, monitoring, and accomplishments;
            (H) development and implementation of local programs for 
        watershed conservation and restoration;
            (I) progress in improving water supply reliability and 
        implementing the Environmental Water Account;
            (J) achievement of commitments under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) and endangered species law 
        of the State;
            (K) implementation of a comprehensive science program;
            (L) progress toward 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(a))) for 
        implementation of projects in all identified Program areas;
            (M) progress in achieving benefits in all geographic 
        regions covered by the Program;
            (N) legislative action on--
                (i) water transfer;
                (ii) groundwater management;
                (iii) water use efficiency; and
                (iv) governance;
            (O) the status of complementary actions;
            (P) the status of mitigation measures; and
            (Q) revisions to funding commitments and Program 
        responsibilities.
    (b) Annual Review of Progress and Balance.--
        (1) In general.--Not later than November 15 of each year, the 
    Secretary, in cooperation with the Governor, shall review progress 
    in implementing the Calfed Bay-Delta Program based on--
            (A) consistency with the Record of Decision; and
            (B) balance in achieving the goals and objectives of the 
        Calfed Bay-Delta Program.
        (2) Revised schedule.--If, at the conclusion of each such 
    annual review or if a timely annual review is not undertaken, the 
    Secretary or the Governor determines in writing that either the 
    Program implementation schedule has not been substantially adhered 
    to, or that balanced progress in achieving the goals and objectives 
    of the Program is not occurring, the Secretary and the Governor, in 
    coordination with the Bay-Delta Public Advisory Committee, shall 
    prepare a revised schedule to achieve balanced progress in all 
    Calfed Bay-Delta Program elements consistent with the intent of the 
    Record of Decision.
    (c) Feasibility Studies.--Any feasibility studies completed as a 
result of this title shall include identification of project benefits 
and a cost allocation plan consistent with the beneficiaries pay 
provisions of the Record of Decision.

SEC. 106. CROSSCUT BUDGET.

    (a) In General.--The President's budget shall include such requests 
as the President considers necessary and appropriate for the 
appropriate level of funding for each of the Federal agencies to carry 
out its responsibilities under the Calfed Bay-Delta Program.
    (b) Requests by Federal Agencies.--The funds shall be requested for 
the Federal agency with authority and programmatic responsibility for 
the obligation of the funds, in accordance with subsections (b) through 
(f) of section 103.
    (c) Report.--Not later than 30 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor, 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--
        (1) an interagency budget crosscut report that--
            (A) 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 title; and
            (B) identifies all expenditures since 1998 by the Federal 
        and State governments to achieve the objectives of the Calfed 
        Bay-Delta Program;
        (2) a detailed accounting of all funds received and obligated 
    by all Federal agencies and State agencies responsible for 
    implementing the Calfed Bay-Delta Program during the previous 
    fiscal year;
        (3) 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 for activities under subsections (b) through (f) of section 
    103; and
        (4) a listing of all projects to be undertaken in the upcoming 
    fiscal year with the Federal portion of funds for activities under 
    subsections (b) through (f) of section 103.

SEC. 107. FEDERAL SHARE OF COSTS.

    (a) In General.--The Federal share of the cost of implementing the 
Calfed Bay-Delta Program for fiscal years 2005 through 2010 in the 
aggregate, as set forth in the Record of Decision, shall not exceed 
33.3 percent.
    (b) Payment for Benefits.--The Secretary shall ensure that all 
beneficiaries, including beneficiaries of environmental restoration and 
other Calfed program elements, shall pay for the benefit received from 
all projects or activities carried out under the Calfed Bay-Delta 
Program.
    (c) Integrated Resource Planning.--Federal expenditures for the 
Calfed Bay-Delta Program shall be implemented in a manner that 
encourages integrated resource planning.

SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

    Nothing in this title--
        (1) invalidates or preempts State water law or an interstate 
    compact governing water;
        (2) alters the rights of any State to any appropriated share of 
    the waters of any body of surface or ground water;
        (3) preempts or modifies any State or Federal law or interstate 
    compact governing water quality or disposal;
        (4) confers on any non-Federal entity the ability to exercise 
    any Federal right to the waters of any stream or to any ground 
    water resource; or
        (5) alters or modifies any provision of existing Federal law, 
    except as specifically provided in this title.

SEC. 109. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated to the Secretary and the 
heads of the Federal agencies to pay the Federal share of the cost of 
carrying out the new and expanded authorities described in subsections 
(e) and (f) of section 103 $389,000,000 for the period of fiscal years 
2005 through 2010, to remain available until expended.

                        TITLE II--MISCELLANEOUS

SEC. 201. SALTON SEA STUDY PROGRAM.

    Not later than December 31, 2006, the Secretary of the Interior, in 
coordination with the State of California and the Salton Sea Authority, 
shall complete a feasibility study on a preferred alternative for 
Salton Sea restoration.

SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVATION PROJECT 
              FEASIBILITY STUDY AND REPORT.

    (a) Study.--Pursuant to Federal reclamation law (the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.)), the Secretary of the 
Interior (referred to in this section as the ``Secretary''), through 
the Bureau of Reclamation, and in consultation and cooperation with the 
El Dorado Irrigation District, is authorized to conduct a study to 
determine the feasibility of constructing a project on Alder Creek in 
El Dorado County, California, to store water and provide water supplies 
during dry and critically dry years for consumptive use, recreation, 
in-stream flows, irrigation, and power production.
    (b) Report.--
        (1) Transmission.--On completion of the study authorized by 
    subsection (a), the Secretary shall transmit to the Committee on 
    Resources of the House of Representatives and the Committee on 
    Energy and Natural Resources of the Senate a report containing the 
    results of the study.
        (2) Contents of report.--The report shall contain appropriate 
    cost sharing options for the implementation of the project based on 
    the use and possible allocation of any stored water.
        (3) Use of available materials.--In developing the report under 
    this section, the Secretary shall use reports and any other 
    relevant information supplied by the El Dorado Irrigation District.
    (c) Cost Share.--
        (1) Federal share.--The Federal share of the costs of the 
    feasibility study authorized by this section shall not exceed 50 
    percent of the total cost of the study.
        (2) In-kind contribution for non-federal share.--The Secretary 
    may accept as part of the non-Federal cost share the contribution 
    such in-kind services by the El Dorado Irrigation District as the 
    Secretary determines will contribute to the conduct and completion 
    of the study.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE AUTHORIZATION.

    Section 1(c) of Public Law 105-295 (112 Stat. 2820) (as amended by 
section 219(b) of Public Law 108-137 (117 Stat. 1853)) is amended in 
the second sentence by striking ``$3,500,000'' and inserting 
``$6,250,000''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.