[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1097 Reported in Senate (RS)]






                                                       Calendar No. 523
108th CONGRESS
  2d Session
                                S. 1097

                          [Report No. 108-268]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2003

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              May 20, 2004

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

_______________________________________________________________________

                                 A BILL


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

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

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

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

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

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

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

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Authorized Activities.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Program activities.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) planning activities and 
                        feasbility studies for the following projects 
                        to be pursued with project-specific study--
                        </DELETED>
                                <DELETED>    (I) enlargement of Shasta 
                                Dam in Shasta County (not to exceed 
                                12,000,000); and</DELETED>
                                <DELETED>    (II) enlargement of Los 
                                Vaqueros Reservoir in Contra Costa 
                                County (not to exceed 
                                $17,000,000);</DELETED>
                        <DELETED>    (ii) planning and feasibility 
                        studies for the following projects requiring 
                        further consideration--</DELETED>
                                <DELETED>    (I) Sites Reservoir in 
                                Colusa County (not to exceed 
                                $6,000,000); and</DELETED>
                                <DELETED>    (II) Upper San Joaquin 
                                River storage in Fresno and Madera 
                                Counties (not to exceed 
                                $11,000,000);</DELETED>
                        <DELETED>    (iii) developing and implementing 
                        groundwater management and groundwater storage 
                        project (not to exceed $50,000,000); 
                        and</DELETED>
                        <DELETED>    (iv) comprehensive water 
                        management planning (not to exceed 
                        $6,000,000).</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) South Delta Actions (not to 
                        exceed $45,000,000)--</DELETED>
                                <DELETED>    (I) South Delta 
                                Improvements Program to--</DELETED>
                                        <DELETED>    (aa) increase the 
                                        State Water Project export 
                                        limit to 8,500 cfs;</DELETED>
                                        <DELETED>    (bb) install 
                                        permanent, operable barriers in 
                                        the south Delta;</DELETED>
                                        <DELETED>    (cc) design and 
                                        construct fish screens and 
                                        intake facilities at Clifton 
                                        Court Forebay and the Tracy 
                                        Pumping Plant facilities; 
                                        and</DELETED>
                                        <DELETED>    (dd) increase the 
                                        State Water Project export to 
                                        the maximum capability of 
                                        10,300 cfs;</DELETED>
                        <DELETED>    (II) reduction of agricultural 
                        drainage in south Delta channels and other 
                        actions necessary to minimize impacts of such 
                        drainage on drinking water quality;</DELETED>
                                <DELETED>    (III) design and 
                                construction of lower San Joaquin River 
                                floodway improvements;</DELETED>
                                <DELETED>    (IV) installation and 
                                operation of temporary barriers in the 
                                south Delta until fully operable 
                                barriers are constructed;</DELETED>
                                <DELETED>    (V) actions to protect 
                                navigation and local diversions not 
                                adequately protected by the temporary 
                                barriers;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (VII) actions at Franks 
                                Tract to improve water quality in the 
                                Delta;</DELETED>
                        <DELETED>    (ii) North Delta Actions (not to 
                        exceed $12,000,000)--</DELETED>
                                <DELETED>    (I) evaluation and 
                                implementation of improved operational 
                                procedures for the Delta Cross Channel 
                                to address fishery and water quality 
                                concerns;</DELETED>
                                <DELETED>    (II) evaluation of a 
                                screened through-Delta facility on the 
                                Sacramento River; and</DELETED>
                                <DELETED>    (III) design and 
                                construction of lower Mokelumne River 
                                floodway improvements;</DELETED>
                        <DELETED>    (iii) interties (not to exceed 
                        $10,000,000)--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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</DELETED>
                        <DELETED>    (iv) evaluation and implementation 
                        of the San Luis Reservoir lowpoint improvement 
                        project (not to exceed $10,000,000);</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) technical assistance for 
                        urban and agricultural water conservation 
                        projects (not to exceed $5,000,000);</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (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;</DELETED>
                                <DELETED>    (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;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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;</DELETED>
                        <DELETED>    (iv) water measurement and 
                        transfer actions (not to exceed $1,500,000); 
                        and</DELETED>
                        <DELETED>    (v) certification of 
                        implementation of best management practices for 
                        urban water conservation (not to exceed 
                        $1,500,000).</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) increasing the availability of 
                        existing facilities for water 
                        transfers;</DELETED>
                        <DELETED>    (ii) lowering transaction costs 
                        through permit streamlining; and</DELETED>
                        <DELETED>    (iii) maintaining a water transfer 
                        information clearinghouse.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) implementation of large-scale 
                        restoration projects in San Francisco Bay, the 
                        Delta, and its tributaries;</DELETED>
                        <DELETED>    (ii) restoration of habitat in the 
                        Delta, San Pablo Bay, and Suisun Bay and Marsh, 
                        including tidal wetlands and riparian 
                        habitat;</DELETED>
                        <DELETED>    (iii) fish screen and fish passage 
                        improvement projects;</DELETED>
                        <DELETED>    (iv) implementation of an invasive 
                        species program, including prevention, control, 
                        and eradication;</DELETED>
                        <DELETED>    (v) development and integration of 
                        State and Federal agricultural programs that 
                        benefit wildlife into the Ecosystem Restoration 
                        Program;</DELETED>
                        <DELETED>    (vi) financial and technical 
                        support for locally-based collaborative 
                        programs to restore habitat while addressing 
                        the concerns of local communities;</DELETED>
                        <DELETED>    (vii) water quality improvement 
                        projects to reduce salinity, selenium, mercury, 
                        pesticides, trace metals, dissolved oxygen, 
                        turbidity, sediment, and other 
                        pollutants;</DELETED>
                        <DELETED>    (viii) land and water acquisitions 
                        to improve habitat and fish spawning and 
                        survival in the Delta and its 
                        tributaries;</DELETED>
                        <DELETED>    (ix) integrated flood management, 
                        ecosystem restoration, and levee protection 
                        projects;</DELETED>
                        <DELETED>    (x) scientific evaluations and 
                        targeted research on program activities; 
                        and</DELETED>
                        <DELETED>    (xi) strategic planning and 
                        tracking of program performance.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) building local capacity to 
                        assess and manage watersheds affecting the Bay-
                        Delta system;</DELETED>
                        <DELETED>    (ii) technical assistance for 
                        watershed assessments and management plans; 
                        and</DELETED>
                        <DELETED>    (iii) developing and implementing 
                        locally-based watershed conservation, 
                        maintenance, and restoration actions.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) addressing drainage problems 
                        in the San Joaquin Valley to improve downstream 
                        water quality, including habitat restoration 
                        projects that reduce drainage and improve water 
                        quality, provided that--</DELETED>
                                <DELETED>    (I) a plan is in place for 
                                monitoring downstream water quality 
                                improvements;</DELETED>
                                <DELETED>    (II) state and local 
                                agencies are consulted on the 
                                activities to be funded; and</DELETED>
                                <DELETED>    (III) this clause is not 
                                intended to create any right, benefit 
                                or privilege;</DELETED>
                        <DELETED>    (ii) implementation of source 
                        control programs in the Delta and its 
                        tributaries;</DELETED>
                        <DELETED>    (iii) 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;</DELETED>
                        <DELETED>    (iv) investing in treatment 
                        technology demonstration projects;</DELETED>
                        <DELETED>    (v) controlling runoff into the 
                        California aqueduct and other similar 
                        conveyances;</DELETED>
                        <DELETED>    (vi) addressing water quality 
                        problems at the North Bay Aqueduct;</DELETED>
                        <DELETED>    (vii) studying recirculation of 
                        export water to reduce salinity and improve 
                        dissolved oxygen in the San Joaquin 
                        River;</DELETED>
                        <DELETED>    (viii) 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;</DELETED>
                        <DELETED>    (ix) development of water quality 
                        exchanges and other programs to make high 
                        quality water available to urban areas; 
                        and</DELETED>
                        <DELETED>    (x) development and implementation 
                        of a plan to meet all existing water quality 
                        standards for which the State and Federal water 
                        projects have responsibility.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) assisting local reclamation 
                        districts in reconstructing Delta levees to a 
                        base level of protection (not to exceed 
                        $20,000,000);</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (iii) developing best management 
                        practices to control and reverse land 
                        subsidence on Delta islands (not to exceed 
                        $1,000,000);</DELETED>
                        <DELETED>    (iv) refining the Delta Emergency 
                        Management Plan (not to exceed 
                        $1,000,000);</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (vi) developing a strategy for 
                        reuse of dredged materials on Delta islands 
                        (not to exceed $1,500,000);</DELETED>
                        <DELETED>    (vii) evaluating, and where 
                        appropriate, rehabilitating the Suisun Marsh 
                        levees (not to exceed $6,000,000); 
                        and</DELETED>
                        <DELETED>    (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);</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) establishing and maintaining 
                        an independent science board, technical panels, 
                        and standing boards to provide oversight and 
                        peer review of the program;</DELETED>
                        <DELETED>    (ii) conducting expert evaluations 
                        and scientific assessments of all program 
                        elements;</DELETED>
                        <DELETED>    (iii) coordinating existing 
                        monitoring and scientific research 
                        programs;</DELETED>
                        <DELETED>    (iv) developing and implementing 
                        adaptive management experiments to test, refine 
                        and improve scientific 
                        understandings;</DELETED>
                        <DELETED>    (v) establishing performance 
                        measures, and monitoring and evaluating the 
                        performance of all program elements; 
                        and</DELETED>
                        <DELETED>    (vi) preparing an annual Science 
                        Report.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) program-wide tracking of 
                        schedules, finances, and performance;</DELETED>
                        <DELETED>    (ii) multi-agency oversight and 
                        coordination of Calfed activities to ensure 
                        program balance and integration;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iv) coordination of public 
                        outreach and involvement, including tribal, 
                        environmental justice, and public advisory 
                        activities under the Federal Advisory Committee 
                        Act; and</DELETED>
                        <DELETED>    (v) development of Annual 
                        Reports.</DELETED>
                <DELETED>    (M) Diversification of 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 diversify sources of 
                level 2 refuge supplies and modes of delivery to 
                refuges, and to acquire additional water for level 4 
                refuge supplies.</DELETED>
        <DELETED>    (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.</DELETED>

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

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

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

<DELETED>    (a) Report and Certification by Calfed.--The Secretary, in 
cooperation with the Governor, shall submit a report of the 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--</DELETED>
        <DELETED>    (1) the progress of the Calfed Bay-Delta Program 
        in meeting the implementation schedule for the Program in a 
        manner consistent with the Record of Decision;</DELETED>
        <DELETED>    (2) the status of implementation of all components 
        of the Calfed Bay-Delta Program;</DELETED>
        <DELETED>    (3) expenditures in the past fiscal year and year 
        to date for implementing the Calfed Bay-Delta Program; 
        and</DELETED>
        <DELETED>    (4) accomplishments in the past fiscal year and 
        year to date in achieving the objectives of additional and 
        improved--</DELETED>
                <DELETED>    (A) water storage;</DELETED>
                <DELETED>    (B) water quality;</DELETED>
                <DELETED>    (C) water use efficiency;</DELETED>
                <DELETED>    (D) ecosystem restoration;</DELETED>
                <DELETED>    (E) watershed management;</DELETED>
                <DELETED>    (F) levee system integrity;</DELETED>
                <DELETED>    (G) water transfers;</DELETED>
                <DELETED>    (H) water conveyance; and</DELETED>
                <DELETED>    (I) water supply reliability.</DELETED>
<DELETED>The report shall discuss the status of Calfed Bay-Delta 
Program goals, current schedules, and relevant financing 
agreements.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) status of all Stage 1 actions, including 
        goals, schedules, and financing agreements;</DELETED>
        <DELETED>    (2) progress on storage projects, conveyance 
        improvements, levee improvements, water quality projects, and 
        water use efficiency programs;</DELETED>
        <DELETED>    (3) completion of key projects and milestones 
        identified in the Ecosystem Restoration Program;</DELETED>
        <DELETED>    (4) development and implementation of local 
        programs for watershed conservation and restoration;</DELETED>
        <DELETED>    (5) progress in improving water supply reliability 
        and implementing the Environmental Water Account;</DELETED>
        <DELETED>    (6) achievement of commitments under State and 
        Federal Endangered Species Acts;</DELETED>
        <DELETED>    (7) implementation of a comprehensive science 
        program;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) progress in achieving benefits in all 
        geographic regions covered by the Program;</DELETED>
        <DELETED>    (10) legislative action on water transfer, 
        groundwater management, water use efficiency, and governance 
        issues;</DELETED>
        <DELETED>    (11) status of complementary actions;</DELETED>
        <DELETED>    (12) status of mitigation measures; and</DELETED>
        <DELETED>    (13) revisions to funding commitments and program 
        responsibilities.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) details the accomplishments of the Calfed Bay-
        Delta Program to date;</DELETED>
        <DELETED>    (2) identifies the specific steps that remain to 
        be undertaken in the Program;</DELETED>
        <DELETED>    (3) sets forth the specific funding levels and 
        sources to accomplish such steps; and</DELETED>
        <DELETED>    (4) makes such recommendations as may be necessary 
        to accomplish the goals and objectives of the continuing Calfed 
        Bay-Delta Program.</DELETED>

<DELETED>SEC. 6. CROSSCUT BUDGET AND AUTHORIZATION OF 
              APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. FEDERAL SHARE OF COSTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 8. COMPLIANCE WITH STATE AND FEDERAL LAW.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (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 and the California Bay-Delta Authority Act 
        (Cal. Water Code Sec. 79400 et seq.).
            (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) Environmental water account.--The term ``Environmental 
        Water Account'' means the Cooperative Management Program 
        established under the Record of Decision to provide water, in 
        addition to the quantity of the regulatory baseline, to protect 
        and restore Delta fisheries.
            (4) 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.
            (5) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
            (6) Record of decision.--The term ``Record of Decision'' 
        means the Calfed Bay-Delta Program Record of Decision, dated 
        August 28, 2000.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of 
        California.
            (9) 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. 3. BAY DELTA PROGRAM.

    (a) In General.--
            (1) Record of decision as framework.--The Record of 
        Decision is approved as a framework for addressing the Calfed 
        Bay-Delta Program, including its components relating to water 
        storage, ecosystem restoration, water supply reliability, 
        conveyance, water use efficiency, water quality, water 
        transfers, watersheds, the Environmental Water Account, levee 
        stability, governance, and science.
            (2) Requirements.--The Secretary and the heads of the 
        Federal agencies are authorized to carry out the activities 
described in subsection (b) subject to--
                    (A) the constraints of the Record of Decision; and
                    (B) the requirements that Program activities 
                consisting of protecting drinking water quality, 
                restoring ecological health, improving water supply 
                reliability (including additional storage and 
                conveyance), and protecting Delta levees will progress 
                in a balanced manner.
    (b) Authorized Activities.--
            (1) In general.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out the activities described 
        in paragraphs (2) through (5) 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 Act, if the 
        activity has been--
                    (A) subject to environmental review and approval, 
                as required under applicable Federal and State law; and
                    (B) approved and certified by the relevant Federal 
                agency, following consultation and coordination with 
                the California Bay-Delta Authority, to be consistent 
                with the Record of Decision.
            (2) Authorizations for federal agencies under applicable 
        law.--
                    (A) Secretary of the interior.--The Secretary of 
                the Interior is authorized to carry out the activities 
                described in subparagraphs (A) through (J) of paragraph 
                (3), 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.
                    (B) Administrator of the environmental protection 
                agency.--The Administrator of the Environmental 
                Protection Agency is authorized to carry out the 
                activities described in subparagraphs (C), (E), (F), 
                (G), (H), and (I) of paragraph (3), 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.
                    (C) Secretary of the army.--The Secretary of the 
                Army is authorized to carry out the activities 
                described in subparagraphs (A), (B), (F), (G), (H), and 
                (I) of paragraph (3), to the extent authorized under 
                flood control, water resource development, and other 
                applicable law.
                    (D) Secretary of commerce.--The Secretary of 
                Commerce is authorized to carry out the activities 
                described in subparagraphs (B), (F), (G), and (I) of 
                paragraph (3), 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.
                    (E) Secretary of agriculture.--The Secretary of 
                Agriculture is authorized to carry out the activities 
                described in subparagraphs (C), (E), (F), (G), (H), and 
                (I) of paragraph (3), 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.
            (3) Description of activities under applicable law.--
                    (A) Water storage.--Activities under this 
                subparagraph 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) Conveyance.--
                            (i) South delta actions.--In the case of 
                        the South Delta, activities under this clause 
                        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;
                                            (cc) design and construct 
                                        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) 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 temporary barriers; and
                                    (VI) actions identified in 
                                subclause (I) or other actions 
                                necessary to offset the degradation of 
                                drinking water quality or adverse 
                                impacts to fishery protection in the 
                                Delta due to the South Delta 
                                Improvements Program.
                            (ii) North delta actions.--In the case of 
                        the North Delta, activities under this clause 
                        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) design and construction of 
                                lower Mokelumne River floodway 
                                improvements.
                            (iii) Interties.--Activities under this 
                        clause 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; 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.
                    (C) Water use efficiency.--Activities under this 
                subparagraph consist of--
                            (i) water conservation projects that 
                        provide water supply reliability, water 
                        quality, and ecosystem benefits to the Bay-
                        Delta system;
                            (ii) technical assistance for urban and 
                        agricultural water conservation projects;
                            (iii) water recycling and desalination 
                        projects, including projects identified in the 
                        Bay Area Water 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;
                            (iv) water measurement and transfer 
                        actions; and
                            (v) certification of implementation of best 
                        management practices for urban water 
                        conservation.
                    (D) Water transfers.--Activities under this 
                subparagraph consist of--
                            (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) Integrated regional water management plans.--
                Activities under this subparagraph 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.
                    (F) Ecosystem restoration.--Activities under this 
                subparagraph 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;
                            (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 
                        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.
                    (G) Watersheds.--Activities under this subparagraph 
                consist of--
                            (i) building local capacity to assess and 
                        manage watersheds affecting the Calfed 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.
                    (H) Water quality.--Activities under this 
                subparagraph consist of--
                            (i) addressing drainage problems in the San 
                        Joaquin Valley to improve downstream water 
                        quality (including habitat restoration projects 
                        that reduce drainage and 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 clause;
                            (ii) implementation of source control 
                        programs in the Delta and its tributaries;
                            (iii) 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;
                            (iv) investing in treatment technology 
                        demonstration projects;
                            (v) controlling runoff into the California 
                        aqueduct, the Delta-Mendota Canal, and other 
                        similar conveyances;
                            (vi) addressing water quality problems at 
                        the North Bay Aqueduct;
                            (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--
                                    (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 clause;
                            (viii) development of water quality 
                        exchanges and other programs to make high 
                        quality water available for urban and other 
                        users; and
                            (ix) development and implementation of a 
                        plan to meet all water quality standards for 
                        which the Federal and State water projects have 
                        responsibility.
                    (I) Science.--Activities under this subparagraph 
                consist of--
                            (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.
                    (J) Diversification of water supplies.--Activities 
                under this subparagraph consist of actions to--
                            (i) diversify sources of level 2 refuge 
                        supplies and modes of delivery to refuges; and
                            (ii) acquire additional water for level 4 
                        refuge supplies.
            (4) New and expanded authorizations for federal agencies.--
                    (A) In general.--The heads of the Federal agencies 
                described in this paragraph are authorized to carry out 
                the activities described in paragraph (5) during each 
                of fiscal years 2005 through 2010, in coordination with 
                the Bay-Delta Authority.
                    (B) Secretary of the interior.--The Secretary of 
                the Interior is authorized to carry out the activities 
                described in subparagraphs (A), (B), and (D) of 
                paragraph (5).
                    (C) 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 paragraph (5)(D).
                    (D) Secretary of the army.--The Secretary of the 
                Army is authorized to carry out the activities 
                described in subparagraph (C) and (D) of paragraph (5).
            (5) Description of activities under new and expanded 
        authorizations.--
                    (A) Conveyance.--Of the amounts authorized to be 
                appropriated under section 8, not more than 
                $184,000,000 may be expended for--
                            (i) feasibility studies, evaluation, and 
                        implementation of the San Luis Reservoir 
                        lowpoint improvement project, except that 
                        Federal participation in any expansion of the 
                        Pacheco Reservoir shall be subject to future 
                        congressional authorization;
                            (ii) feasibility studies and actions at 
                        Franks Tract to improve water quality in the 
                        Delta;
                            (iii) feasibility studies and design of 
                        fish screen and intake facilities at Clifton 
                        Court Forebay and the Tracy Pumping Plant 
                        facilities; and
                            (iv) feasibility studies to investigate the 
                        recirculation of export water to reduce 
                        salinity and improve dissolved oxygen in the 
                        San Joaquin River.
                    (B) Environmental water account.--Of the amounts 
                authorized to be appropriated under section 8, not more 
                than $90,000,000 may be expended for implementation of 
                the Environmental Water Account.
                    (C) Levee stability.--Of the amounts authorized to 
                be appropriated under section 8, not more than 
                $90,000,000 may be expended for--
                            (i) reconstructing Delta levees to a base 
                        level of protection;
                            (ii) enhancing the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects program;
                            (iii) developing best management practices 
                        to control and reverse land subsidence on Delta 
                        islands;
                            (iv) refining the Delta Emergency Plan;
                            (v) developing a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes;
                            (vi) developing a strategy for reuse of 
                        dredged materials on Delta islands;
                            (vii) evaluating, and where appropriate, 
                        rehabilitating the Suisun Marsh levees; 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.
                    (D) Program management, oversight, and 
                coordination.--
                            (i) In general.--Of the amounts authorized 
                        to be appropriated under section 8, 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.
                            (ii) Program-wide activities.--Of the 
                        amount referred to in clause (i), 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. 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 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 
implementation.
    (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. 5. REPORTING REQUIREMENTS.

    (a) Report.--
            (1) In general.--Not later than February 15 of each year, 
        the Secretary, in cooperation with the Governor and the 
        California Bay-Delta Authority, 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); and
                    (C) includes any revised schedule prepared under 
                subsection (b).
            (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;
                            (iii) water use efficiency;
                            (iv) ecosystem restoration;
                            (v) watershed management;
                            (vi) levee system integrity;
                            (vii) water transfers;
                            (viii) water conveyance; and
                            (ix) water supply reliability;
                    (E) Program goals, current schedules, and relevant 
                financing agreements;
                    (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;
                    (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 the issues of--
                            (i) water transfers;
                            (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 and the Calfed 
        Bay-Delta Authority, 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, the Governor, or the Calfed Bay-Delta Authority 
        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, the Governor, and the 
        Calfed Bay-Delta Authority, 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 Act shall include identification of project benefits and 
a cost allocation plan consistent with the beneficiaries pay provisions 
of the Record of Decision.

SEC. 6. CROSSCUT BUDGET.

    (a) In General.--The budget of the President shall include requests 
for the appropriate level of funding for each of the Federal agencies 
to carry out the responsibilities of the Federal agency 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 paragraphs (2) through 
(5) of section 3(b).
    (c) Report.-- At the time of submission of the budget of the 
President to Congress, the Director of the Office of Management and 
Budget, in coordination with the Authority, 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 intraagency 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; and
                    (B) identifies all expenditures since 2000 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 section 3(b); and
            (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities under section 3(b).

SEC. 7. FEDERAL SHARE OF COSTS.

    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.

SEC. 8. 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 paragraphs 
(4) and (5) of section 3(b) $389,000,000 for the period of fiscal years 
2005 through 2010, to remain available until expended.




                                                       Calendar No. 523

108th CONGRESS

  2d Session

                                S. 1097

                          [Report No. 108-268]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 20, 2004

                       Reported with an amendment