[House Report 108-592]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-592

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 2828, WATER SUPPLY, RELIABILITY, 
                   AND ENVIRONMENTAL IMPROVEMENT ACT

                                _______
                                

July 8, 2004.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Mr. Hastings  of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 711]

    The Committee on Rules, having had under consideration 
House Resolution 711, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2828, the 
Water Supply, Reliability, and Environmental Improvement Act, 
under a modified closed rule, providing one hour of debate in 
the House equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources. The rule 
waives all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Resources now 
printed in the bill shall be considered as adopted. The rule 
waives all points of order against the bill, as amended.
    The rule provides for consideration of the amendment in the 
nature of a substitute printed in this report, if offered by 
Representative Calvert of California or his designee, which 
shall be considered as read, and shall be separately debatable 
for twenty minutes equally divided and controlled by the 
proponent and opponent. The rule waives all points of order 
against the amendment in the nature of a substitute printed in 
this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

    SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

    (Summary derived from information provided by the amendment 
sponsor.)
    1. Calvert/Pombo--Manager's Amendment. Modifies how 
ecosystem restoration plans are implemented. Requires more 
Congressional oversight of Calfed projects prior to federal 
expenditure. Makes several technical changes requested by the 
Administration. Addresses several concerns voiced by the 
Minority regarding the Environmental Water Account and Program 
Governance. (20 minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Water Supply, Reliability, and 
Environmental Improvement Act''.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``California Water Security 
and Environmental Enhancement Act''.

SEC. 102. DEFINITIONS.

  In this title:
          (1) Calfed bay-delta program.--The terms ``Calfed 
        Bay-Delta Program'' and ``Program'' mean the programs, 
        projects, complementary actions, and activities 
        undertaken through coordinated planning, 
        implementation, and assessment activities of the State 
        and Federal Agencies in a manner consistent with the 
        Record of Decision.
          (2) California bay-delta authority.--The terms 
        ``California Bay-Delta Authority'' and ''Authority'' 
        mean the California Bay-Delta Authority, as set forth 
        in the California Bay-Delta Authority Act (Cal. Water 
        Code 79400 et seq.).
          (3) Environmental water account.--The term 
        ``Environmental Water Account'' means the cooperative 
        management program established under the Record of 
        Decision.
          (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;
                          (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 the California State agencies that are 
        signatories to Attachment 3 of the Record of Decision.
          (10) Water yield.--The term ``water yield'' means a 
        new quantity of water in storage that is reliably 
        available in critically dry years for beneficial uses.

SEC. 103. BAY DELTA PROGRAM.

  (a) In General.--
          (1) Record of decision as general framework.--The 
        Record of Decision is approved as a general framework 
        for addressing the Calfed Bay-Delta Program, including 
        its components relating to water storage and water 
        yield, 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.--In General.-- The Secretary and 
        the heads of the Federal agencies are authorized to 
        carry out the activities under this title consistent 
        with--
                  (A) the Record of Decision; and
                  (B) the requirement that Program activities 
                consisting of protecting drinking water 
                quality, restoring ecological health, improving 
                water supply reliability (including additional 
                storage and conveyance) and water yield, 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 title, 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 to be consistent with the Record 
                of Decision and within the scope of the 
                agency's authority under existing law.
          (2) Multiple benefit projects favored.--In selecting 
        projects and programs for increasing water yield and 
        water supply, improving water quality, and enhancing 
        environmental benefits, projects and programs with 
        multiple benefits shall be emphasized.
          (3) Balance.--The Secretary shall ensure that all 
        elements of the Calfed Bay-Delta Program need to be 
        completed and operated cooperatively to maintain the 
        balanced progress in all Calfed Bay-Delta Program 
        areas.
          (4) 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 (5), 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) The administrator of the environmental 
                protection agency.--The Administrator of the 
                Environmental Protection Agency may carry out 
                the activities described in subparagraphs (C), 
                (E), (F), (G), (H), and (I) of paragraph (5), 
                in furtherance of the Calfed Bay-Delta program, 
                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 laws in effect on the 
                day before the date of enactment of this title.
                  (C) The secretary of the army.--The Secretary 
                of the Army may carry out the activities 
                described in subparagraphs (B), (F), (G), (H), 
                and (I) of paragraph (5), in furtherance of the 
                CALFED Bay-Delta Program, to the extent 
                authorized under flood control, water resource 
                development, and other laws in effect on the 
                day before the date of enactment of this title.
                  (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 (5), 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 (5), 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.
          (5) Description of activities under existing 
        authorizations.--
                  (A) Water storage and water yield.--
                Activities under this subparagraph consist of--
                          (i) Feasibility studies and 
                        resolution.--
                                  (I) For purposes of 
                                implementing the Calfed Bay-
                                Delta Program, the Secretary is 
                                authorized to undertake all 
                                necessary planning activities 
                                and feasibility studies 
                                required for the development of 
                                recommendations by the 
                                Secretary to Congress on the 
                                construction and implementation 
                                of specific water supply and 
                                water yield projects, and to 
                                conduct comprehensive water 
                                management planning.
                                  (II) Feasibility studies 
                                requirements.--All feasibility 
                                studies completed for storage 
                                projects as a result of this 
                                section shall include 
                                identification of project 
                                benefits and beneficiaries and 
                                a cost allocation plan 
                                consistent with the benefits to 
                                be received, for both 
                                governmental and non-
                                governmental entities.
                                  (III) Disapproval 
                                resolution.--If the Secretary 
                                determines a project to be 
                                feasible, and meets the 
                                requirements under subparagraph 
                                (B), the report shall be 
                                submitted to Congress. If 
                                Congress does not pass a 
                                disapproval resolution of the 
                                feasibility study during the 
                                first 120 days before Congress 
                                (not including days on which 
                                either the House of 
                                Representatives or the Senate 
                                is not in session because of an 
                                adjournment of more than three 
                                calendar days to a day certain) 
                                the project shall be 
                                authorized, subject to 
                                appropriations.
                          (ii) Water supply and water yield 
                        study.--The Secretary, acting through 
                        the Bureau of Reclamation and in 
                        consultation with the State, shall 
                        conduct a study of available water 
                        supplies and water yield and existing 
                        demand and future needs for water--
                                  (I) within the units of the 
                                Central Valley Project;
                                  (II) within the area served 
                                by Central Valley Project 
                                agricultural water service 
                                contractors and municipal and 
                                industrial water service 
                                contractors; and
                                  (III) within the Bay-Delta 
                                solution area.
                          (iii) Relationship to prior study.--
                        The study under clause (ii) shall 
                        incorporate and revise as necessary the 
                        study required by section 3408(j) of 
                        the Central Valley Project Improvement 
                        Act of 1992 (Public Law 102-575).
                          (iv) Management.--The Secretary shall 
                        conduct activities related to 
                        developing groundwater storage projects 
                        to the extent authorized under existing 
                        law.
                          (v) Comprehensive water planning.--
                        The Secretary shall conduct activities 
                        related to comprehensive water 
                        management planning to the extent 
                        authorized under existing law.
                          (vi) Report.--The Secretary shall 
                        submit a report to the congressional 
                        authorizing committees by not later 
                        than 180 days after the State's 
                        completion of the updated Bulletin 160 
                        describing the following:
                                  (I) Water yield and water 
                                supply improvements, if any, 
                                for Central Valley Project 
                                agricultural water service 
                                contractors and municipal and 
                                industrial water service 
                                contractors, including those 
                                identified in Bulletin 160.
                                  (II) All water management 
                                actions or projects, including 
                                those identified in Bulletin 
                                160, that would improve water 
                                yield or water supply and that, 
                                if taken or constructed, would 
                                balance available water 
                                supplies and existing demand 
                                for those contractors and other 
                                water users of the Bay-Delta 
                                watershed with due recognition 
                                of water right priorities and 
                                environmental needs.
                                  (III) The financial costs of 
                                the actions and projects 
                                described under clause (II).
                                  (IV) The beneficiaries of 
                                those actions and projects and 
                                an assessment of their 
                                willingness to pay the capital 
                                costs and operation and 
                                maintenance costs thereof.
                  (B) Conveyance.--
                          (i) South delta actions.--In the case 
                        of the South Delta, activities under 
                        this clause consist of the following:
                                  (I) The South Delta 
                                Improvement Program through 
                                actions to accomplish the 
                                following:
                                          (aa) Increase the 
                                        State Water Project 
                                        export limit to 8,500 
                                        cfs.
                                          (bb) Install 
                                        permanent, operable 
                                        barriers in the south 
                                        Delta. The Federal 
                                        Agencies shall 
                                        cooperate with the 
                                        State to accelerate 
                                        installation of the 
                                        permanent, operable 
                                        barriers in the south 
                                        Delta, with the intent 
                                        to complete that 
                                        installation not later 
                                        than the end of fiscal 
                                        year 2007.
                                          (cc) Increase the 
                                        State Water Project 
                                        export to the maximum 
                                        capability of 10,300 
                                        cfs.
                                  (II) Reduction of 
                                agricultural drainage in south 
                                Delta channels, and other 
                                actions necessary to minimize 
                                the impact of drainage on 
                                drinking water quality.
                                  (III) Evaluation of lower San 
                                Joaquin River floodway 
                                improvements.
                                  (IV) Installation and 
                                operation of temporary barriers 
                                in the south Delta until fully 
                                operable barriers are 
                                constructed.
                                  (V) Actions to protect 
                                navigation and local diversions 
                                not adequately protected by 
                                temporary barriers.
                                  (VI) Actions to increase 
                                pumping shall be accomplished 
                                in a manner consistent with 
                                applicable law California and 
                                Federal protecting--
                                          (aa) deliveries to, 
                                        costs of, and water 
                                        supplies for in-delta 
                                        water users, including 
                                        in-delta agricultural 
                                        users that have 
                                        historically relied on 
                                        water diverted for use 
                                        in the Delta;
                                          (bb) the quality of 
                                        water for existing 
                                        municipal, industrial, 
                                        and agricultural uses;
                                          (cc) water supplies 
                                        for areas of origin, 
                                        and
                                          (dd) Delta dependent 
                                        native fish species.
                          (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) evaluation 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.
                          (iv) Program to meet standards.--
                        Prior to increasing export limits from 
                        the Delta for the purposes of conveying 
                        water to south-of-Delta Central Valley 
                        Project contractors or increasing 
                        deliveries through an intertie, the 
                        Secretary shall, within one year of the 
                        date of enactment of this title, in 
                        consultation with the Governor, develop 
                        and initiate implementation of a 
                        program to meet all existing water 
                        quality standards and objectives for 
                        which the CVP has responsibility. In 
                        developing and implementing the program 
                        the Secretary shall include, to the 
                        maximum extent feasible, the following:
                                  (I) A recirculation program 
                                to provide flow, reduce 
                                salinity concentrations in the 
                                San Joaquin River, and reduce 
                                the reliance on New Melones 
                                Reservoir for meeting water 
                                quality and fishery flow 
                                objectives through the use of 
                                excess capacity in export 
                                pumping and conveyance 
                                facilities.
                                  (II) The Secretary shall 
                                develop and implement a best 
                                management practices plan to 
                                reduce the impact of the 
                                discharges from wildlife 
                                refuges that receive water from 
                                the federal government and 
                                discharge salt or other 
                                constituents into the San 
                                Joaquin River. Such plan shall 
                                be developed in coordination 
                                with interested parties in the 
                                San Joaquin Valley and the 
                                Delta. The Secretary shall also 
                                coordinate activities with 
                                other entities that discharge 
                                water into the San Joaquin 
                                River to reduce salinity 
                                concentrations discharged into 
                                the River, including the timing 
                                of discharges to optimize their 
                                assimilation.
                                  (III) The acquisition from 
                                willing sellers of water from 
                                streams tributary to the San 
                                Joaquin River or other sources 
                                to provide flow, dilute 
                                discharges from wildlife 
                                refuges, and to improve water 
                                quality in the San Joaquin 
                                River below the confluence of 
                                the Merced and San Joaquin 
                                rivers and to reduce the 
                                reliance on New Melones 
                                Reservoir for meeting water 
                                quality and fishery flow 
                                objectives.
                                  (IV) Use of existing funding 
                                mechanisms.--In implementing 
                                the Program, the Secretary may 
                                use money collected pursuant to 
                                Section 3407 of the Central 
                                Valley Project Improvement Act 
                                (Public Law 102-575; 106 Stat. 
                                4727) to acquire from voluntary 
                                sellers water from streams 
                                tributary to the San Joaquin 
                                River or other sources for the 
                                purposes set forth in 
                                subclauses (I) through (III) of 
                                clause (iv).
                                  (V) The purpose of the 
                                authority and direction 
                                provided to the Secretary in 
                                clause (iv) is to provide 
                                greater flexibility in meeting 
                                the existing water quality 
                                standards and objectives for 
                                which the Central Valley 
                                Project has responsibility so 
                                as to reduce the demand on 
                                water from New Melones 
                                Reservoir used for that purpose 
                                and to allow the Secretary to 
                                meet with greater frequency the 
                                Secretary's obligations to 
                                Central Valley Project 
                                contractors from the New 
                                Melones Project. The Secretary 
                                shall update the New Melones 
                                operating plan to consider, 
                                among other things, the actions 
                                outlined in this Act designed 
                                to reduce the reliance on new 
                                Melones Reservoir for meeting 
                                water quality and fishery flow 
                                objectives and to insure that 
                                operation of New Melones 
                                Reservoir is governed by the 
                                best available science.
                  (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 
                        groundwater remediation projects and 
                        projects identified in the Bay Area 
                        Water Plan and the Southern California 
                        Comprehensive Water Reclamation and 
                        Reuse Study and other projects, giving 
                        priority to projects that include 
                        regional solutions to benefit regional 
                        water supply and reliability needs;
                                  (I) 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.
                                  (II) The Secretary shall 
                                report to the Congress not 
                                later than 90 days after the 
                                completion of a feasibility 
                                study or the review of a 
                                feasibility study. For the 
                                purposes of this Act, the 
                                Secretary is authorized to 
                                provide assistance for projects 
                                as set forth and pursuant to 
                                the existing requirements of 
                                the Reclamation Wastewater and 
                                Groundwater Study and 
                                Facilities Act (Public Law 102-
                                9575; title 16) as amended, and 
                                Reclamation Recycling and Water 
                                Conservation Act of 1996 
                                (Public Law 104-266).
                          (iv) water measurement and transfer 
                        actions;
                          (v) implementation of best management 
                        practices for urban water 
                        conservation;- and
                          (vi) projects identified in the 
                        Southern California Comprehensive Water 
                        Reclamation and Reuse Study, dated 
                        April 2001 and authorized by section 
                        1606 of the Reclamation Wastewater and 
                        Groundwater Study and Facilities Act 
                        (43 U.S.C. 390h-4); and the San 
                        Francisco Bay Area Regional Water 
                        Recycling Program described in the San 
                        Francisco Bay Area Regional Water 
                        Recycling Program Recycled Water Master 
                        Plan, dated December 1999 and 
                        authorized by section 1611 of the 
                        Reclamation Wastewater and Groundwater 
                        Study and Facilities Act (43 U.S.C. 
                        390h-9) are determined to be feasible.
                  (D) Water transfers.--Activities under this 
                subparagraph consist of--
                          (i) increasing the availability of 
                        existing facilities for water 
                        transfers;
                          (ii) lowering transaction costs 
                        through regulatory coordination; 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.--
                          (i) 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; 
                                including the Sacramento River 
                                Small Diversion Fish Screen 
                                Program.
                                  (IV) implementation of an 
                                invasive species program, 
                                including prevention, control, 
                                and eradication;
                                  (V) development and 
                                integration of Federal and 
                                State agricultural programs 
                                that benefit wildlife into the 
                                Ecosystem Restoration Program;
                                  (VI) financial and technical 
                                support for locally-based 
                                collaborative programs to 
                                restore habitat while 
                                addressing the concerns of 
                                local communities;
                                  (VII) water quality 
                                improvement projects to manage 
                                and reduce concentrations of 
                                salinity, selenium, mercury, 
                                pesticides, trace metals, 
                                dissolved oxygen, turbidity, 
                                sediment, and other pollutants;
                                  (VIII) land and water 
                                acquisitions to improve habitat 
                                and fish spawning and survival 
                                in the Delta and its 
                                tributaries;
                                  (IX) integrated flood 
                                management, ecosystem 
                                restoration, and levee 
                                protection projects;
                                  (X) scientific evaluations 
                                and targeted research on 
                                Program activities; and
                                  (XI) strategic planning and 
                                tracking of Program 
                                performance.
                          (ii) Annual ecosystem program plan.--
                                  (I) Prior to October 1 of 
                                each year, with respect to an 
                                ecosystem restoration action 
                                carried out by or for the 
                                Secretary, the Secretary shall 
                                submit an annual ecosystem 
                                program plan report to the 
                                appropriate authorizing and 
                                appropriating committees of the 
                                Senate and the House of 
                                Representatives. The purpose of 
                                the report is to describe the 
                                projects and programs to 
                                implement the activities under 
                                this subsection in the 
                                following fiscal year, and to 
                                establish priorities for 
                                funding in subsequent years. 
                                For the ecosystem program, and 
                                each ecosystem project the 
                                report shall describe--
                                          (aa) the goals and 
                                        objectives
                                          (bb) program 
                                        accomplishments,
                                          (cc) major 
                                        activities,
                                          (dd) the 
                                        administration 
                                        responsibilities of 
                                        land and water areas 
                                        and associated 
                                        environmental 
                                        resources, in the 
                                        affected project area 
                                        including an accounting 
                                        of all habitat types. 
                                        Cost-share arrangements 
                                        with cooperating 
                                        agencies should be 
                                        included in the report, 
                                        and
                                          (ee) the resource 
                                        data and ecological 
                                        monitoring data to be 
                                        collected for the 
                                        restoration projects 
                                        and how the data are to 
                                        be integrated, 
                                        streamlined, and 
                                        designed to measure the 
                                        effectiveness and 
                                        overall trend of 
                                        ecosystem health in the 
                                        Bay-Delta watershed;
                                          (ff) implementation 
                                        schedules and budgets;
                                          (gg) monitoring 
                                        programs and 
                                        performance measures; 
                                        and
                                          (hh) the status and 
                                        effectiveness of 
                                        minimizing and 
                                        mitigating the impacts 
                                        of the program on 
                                        agricultural lands.
                                          (ii) a description of 
                                        expected benefits of 
                                        the restoration program 
                                        relative to the cost.
                                  (II) For Federal projects and 
                                programs to be carried out by 
                                or for the Secretary not 
                                specifically identified in the 
                                annual program plans the 
                                Secretary, in coordination with 
                                the State, shall submit 
                                recommendations on proposed 
                                plans, no later than 45 days 
                                prior to approval, to the 
                                Senate Committee on Energy and 
                                Natural Resources, the House 
                                Resources Committee, and the 
                                public. The recommendations 
                                shall--
                                          (aa) describe the 
                                        project selection 
                                        process, including the 
                                        level of public 
                                        involvement and 
                                        independent science 
                                        review;
                                          (bb) describe the 
                                        goals, objectives, and 
                                        implementation schedule 
                                        of the projects, and 
                                        the extent to which the 
                                        projects address 
                                        regional and 
                                        programmatic goals and 
                                        priorities;
                                          (cc) describe the 
                                        monitoring plans and 
                                        performance measures 
                                        that will be used for 
                                        evaluating the 
                                        performance of the 
                                        proposed projects;
                                          (dd) identify any 
                                        cost-sharing 
                                        arrangements with 
                                        cooperating entities; 
                                        and
                                          (ee) identify how the 
                                        proposed projects will 
                                        comply with all 
                                        applicable Federal and 
                                        State laws, including 
                                        the National 
                                        Environmental Policy 
                                        Act.
                                  (III) Projects involving 
                                acquisition of private lands 
                                shall be included in subsection 
                                (I) of the Annual Ecosystem 
                                Program Plan. Each project 
                                identified shall--
                                          (aa) describe the 
                                        process and timing of 
                                        notification of 
                                        interested members of 
                                        the public and local 
                                        governments;
                                          (bb) minimize and 
                                        mitigate impacts on 
                                        agricultural lands;
                                          (cc) include 
                                        preliminary management 
                                        plans for all 
                                        properties to be 
                                        acquired with Federal 
                                        funds. Such preliminary 
                                        management plans shall 
                                        include an overview of 
                                        existing conditions, 
                                        the expected ecological 
                                        benefits, preliminary 
                                        cost estimates, and 
                                        implementation 
                                        schedules;
                                          (dd) identify federal 
                                        land acquisition in 
                                        total, by a county by 
                                        county basis; and,
                                          (ee) provide a 
                                        finding of consistency 
                                        with all applicable 
                                        State and Federal law.
                  (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;
                                  (II) State and local agencies 
                                are consulted on the activities 
                                to be funded; and
                                  (III) 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 Area water districts and 
                        water entities in San Joaquin and 
                        Sacramento counties to work 
                        cooperatively to address their water 
                        quality and supply reliability issues, 
                        including--
                                  (I) connections between 
                                aqueducts, water transfers, 
                                water conservation measures, 
                                institutional arrangements, and 
                                infrastructure improvements 
                                that encourage regional 
                                approaches; and
                                  (II) investigations and 
                                studies of available capacity 
                                in a project to deliver water 
                                to the East Bay Municipal 
                                Utility District under its 
                                contract with the Bureau of 
                                Reclamation, dated July 20, 
                                2001, in order to determine if 
                                such capacity can be used 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;
                          (ix) development and implementation 
                        of a plan to meet all water quality 
                        standards for which the Federal and 
                        State water projects have 
                        responsibility;
                          (x) development of recommendations 
                        through technical panels and advisory 
                        council processes to meet the Calfed 
                        Bay-Delta Program goal of continuous 
                        improvement in water quality for all 
                        uses; and
                          (xi) projects that may meet the 
                        framework of the water quality 
                        component of the Calfed Bay-Delta 
                        Program.
                  (I) Science.--Activities under this 
                subparagraph consist of--
                          (i) supporting establishment and 
                        maintenance of 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 diversify sources of level 2 refuge 
                supplies and modes of delivery to refuges while 
                maintaining the diversity of level 4 supplies 
                pursuant to Central Valley Project Improvement 
                Act section 3406(d)(2), Public Law 102-575 (106 
                Stat. 4723).
          (6) New and expanded authorizations for Federal 
        agencies.--
                  (A) Secretary of the interior.--The Secretary 
                of the Interior is authorized to carry out the 
                activities described in subparagraphs (A) , 
                (B), (C) and (D) of paragraph (7) during each 
                of fiscal years 2005 through 2008, in 
                coordination with the State of California.
                  (B) The administrator of the environmental 
                protection agency and the secretary of the 
                army.--The Administrator of the Environmental 
                Protection Agency and the Secretary of the Army 
                may carry out activities described in 
                subparagraph (D) of paragraph 7 during each of 
                fiscal years 2005 through 2008, in coordination 
                with the State of California.
                  (C) The secretaries of agriculture and 
                commerce.--The Secretary of Commerce, and the 
                Department of Agriculture, are authorized to 
                carry out the activities described in paragraph 
                (7)(D) during each of fiscal years 2005 through 
                2008, in coordination with the State of 
                California.
          (7) Description of activities under new and expanded 
        authorizations.--
                  (A) Conveyance.--Of the amounts authorized to 
                be appropriated under section 109, not more 
                than $184,000,000 may be expended for the 
                following:
                          (i) Feasibility studies, evaluation, 
                        and implementation of the San Luis 
                        Reservoir lowpoint improvement project 
                        and increased capacity of the intertie 
                        between the SWP California Aqueduct and 
                        the CVP Delta Mendota Canal, near the 
                        City of Tracy.
                          (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.
                          (iv) Design and construction of the 
                        relocation of drinking water intake 
                        facilities to delta water users. The 
                        Secretary shall coordinate actions for 
                        relocating intake facilities on a time 
                        schedule consistent with subparagraph 
                        (5)(B)(i)(I)(bb) or other actions 
                        necessary to offset the degradation of 
                        drinking water quality in the Delta due 
                        to the South Delta Improvement Program.
                          (v) In addition to the other 
                        authorizations granted to the Secretary 
                        by this title, the Secretary shall 
                        acquire water from willing sellers and 
                        undertake other actions designed to 
                        decrease releases from New Melones 
                        Reservoir for meeting water quality 
                        standards and flow objectives for which 
                        the Central Valley Project has 
                        responsibility in order to meet 
                        allocations to Central Valley Project 
                        contractors from the New Melones 
                        Project. The authorization under this 
                        provision is solely meant to add 
                        flexibility for the Secretary to meet 
                        the Secretary's obligation to the 
                        Central Valley Project contractors from 
                        the New Melones Project by reducing 
                        demand for water dedicated to meeting 
                        water quality standards in the San 
                        Joaquin River. Of the amounts 
                        authorized to be appropriated under 
                        paragraph (7)(A), not more than 
                        $15,260,000 may be expended for this 
                        purpose.
                  (B) Environmental water account.--Of the 
                amounts authorized to be appropriated under 
                section 109, not more than $90,000,000 may be 
                expended for implementation of the 
                Environmental Water Account; Provided That such 
                expenditures shall be considered a 
                nonreimbursable Federal expenditure.
                  (C) Levee stability.--Of the amounts 
                authorized to be appropriated under section 
                109, 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 
                        Management Plan;
                          (v) developing a Delta Risk 
                        Management Strategy after assessing the 
                        consequences of Delta levee failure 
                        from floods, seepage, subsidence, and 
                        earthquakes;
                          (vi) developing a strategy for reuse 
                        of dredged materials on Delta islands;
                          (vii) evaluating, and where 
                        appropriate, rehabilitating the Suisun 
                        Marsh levees; and
                  (D) Program management, oversight, and 
                coordination.--Of the amounts authorized to be 
                appropriated under section 109, not more than 
                $25,000,000 may be expended by the Secretary or 
                the other heads of Federal agencies, either 
                directly or through grants, contracts, or 
                cooperative agreements with agencies of the 
                State, for--
                          (i) program support;
                          (ii) program-wide tracking of 
                        schedules, finances, and performance;
                          (iii) multiagency oversight and 
                        coordination of Program activities to 
                        ensure Program balance and integration;
                          (iv) development of interagency 
                        cross-cut budgets and a comprehensive 
                        finance plan to allocate costs in 
                        accordance with the beneficiary pays 
                        provisions of the Record of Decision;
                          (v) coordination of public outreach 
                        and involvement, including tribal, 
                        environmental justice, and public 
                        advisory activities in accordance with 
                        the Federal Advisory Committee Act (5 
                        U.S.C. App.); and
                          (vi) development of Annual Reports.

SEC. 104. MANAGEMENT.

  (a) Coordination.--In carrying out the Calfed Bay-Delta 
Program, the Federal agencies shall coordinate their activities 
with the State agencies.
  (b) Public Participation.--In carrying out the Calfed Bay-
Delta Program, the Federal agencies shall cooperate with local 
and tribal governments and the public through an advisory 
committee established in accordance with the Federal Advisory 
Committee Act (5 U.S.C. App.) and other appropriate means, to 
seek input on Program elements such as planning, design, 
technical assistance, and development of peer review science 
programs.
  (c) Science.--In carrying out the Calfed Bay-Delta Program, 
the Federal agencies shall seek to ensure, to the maximum 
extent practicable, that--
          (1) all major aspects of implementing the Program are 
        subjected to credible and objective scientific review; 
        and
          (2) major decisions are based upon the best available 
        scientific information.
  (d) Environmental Justice.--The Federal agencies and State 
agencies, consistent with Executive Order 12898 (59 FR Fed. 
Reg. 7629), should continue to collaborate 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.
  (e) 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 and section 
103(b)(5)(F)(ii)(I)(jj).
  (f) Agencies' Discretion.--This title shall not affect the 
discretion of any of the Federal agencies or the State agencies 
or the authority granted to any of the Federal agencies or 
State agencies by any other Federal or State law.
  (g) No new authority.--The United States Environmental 
Protection Agency and the United States Army Corps of 
Engineers.--
          (1) In General.--Nothing in this title confers any 
        new authority, except as provided under section 
        103(b)(7)(D) to the United States Environmental 
        Protection Agency and the United States Army Corps of 
        Engineers.
          (2) Coordination.--In carrying out activities 
        identified in the Record of Decision under authorities 
        provided under other provisions of law, the United 
        States Environmental Protection Agency and the United 
        States army Corps of Engineers shall coordinate such 
        activities with Federal agencies and State agencies.
  (h) Governance.--
          (1) In general.--In carrying out the Calfed Bay-Delta 
        Program, the Secretary and the Federal agency heads may 
        participate as nonvoting members of the California Bay-
        Delta Authority, as established in the California Bay-
        Delta Authority Act (Cal. Water Code 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.

SEC. 105. REPORTING REQUIREMENTS.

  (a) Report.--
          (1) In general.--Not later than February 15 of each 
        year, the Secretary, in cooperation with the Governor, 
        shall submit to the appropriate authorizing and 
        appropriating Committees of the Senate and the House of 
        Representatives a report that--
                  (A) describes the status of implementation of 
                all components of the Calfed Bay-Delta Program;
                  (B) sets forth any written determination 
                resulting from the review required under 
                subsection (b); 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, including water 
                        yield;
                          (ii) water quality; including the 
                        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 
                        ability of the Calfed Bay-Delta Program 
                        to achieve those targets and 
                        requirements.
                          (iii) water use efficiency;
                          (iv) ecosystem restoration;
                          (v) watershed management;
                          (vi) levee system integrity;
                          (vii) water transfers;
                          (viii) water conveyance; 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; including progress on project 
                effectiveness, monitoring, and accomplishments;
                  (H) development and implementation of local 
                programs for watershed conservation and 
                restoration;
                  (I) progress in improving water supply 
                reliability and implementing the Environmental 
                Water Account;
                  (J) achievement of commitments under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 
                et seq.) and endangered species law of the 
                State;
                  (K) implementation of a comprehensive science 
                program;
                          (i) progress on project 
                        effectiveness;
                  (L) progress toward acquisition of the 
                Federal and State permits (including permits 
                under section 404(a) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344(a))) for 
                implementation of projects in all identified 
                Program areas;
                  (M) progress in achieving benefits in all 
                geographic regions covered by the Program;
                  (N) legislative action on--
                          (i) water transfer;
                          (ii) groundwater management;
                          (iii) water use efficiency; and
                          (iv) governance issues;
                  (O) the status of complementary actions;
                  (P) the status of mitigation measures;
                  (Q) revisions to funding commitments and 
                Program responsibilities; and
                  (R) a list of all existing authorities, 
                including the authorities listed in section 
                103(b)(4) provided by the relevant Federal 
                agency, under which the Secretary or the heads 
                of the Federal agencies may carry out the 
                purposes of this title.''
  (b) Annual Review of Progress and Balance.--
          (1) In general.--Not later than November 15 of each 
        year, the Secretary, in cooperation with the Governor, 
        shall review progress in implementing the Calfed Bay-
        Delta Program based on--
                  (A) consistency with the Record of Decision; 
                and
                  (B) balance in achieving the goals and 
                objectives of the Calfed Bay-Delta Program.
          (2) Revised schedule.--If, at the conclusion of each 
        such annual review or if a timely annual review is not 
        undertaken, the Secretary, or the Governor, determine 
        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, in 
        coordination with the Governor and 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 Record of 
        Decision.
  (c) Feasibility Studies.--Any feasibility studies completed 
as a result of this title shall include identification of 
project benefits and a cost allocation plan consistent with the 
beneficiaries pay provisions of the Record of Decision.

SEC. 106. CROSSCUT BUDGET.

  (a) In General.--The President's budget shall include such 
requests as the President considers necessary and appropriate 
for the level of funding for each of the Federal agencies to 
carry out its responsibilities under the Calfed Bay-Delta 
Program.
  (b) Requests by Federal Agencies.--The funds shall be 
requested for the Federal agency with authority and 
programmatic responsibility for the obligation of the funds, in 
accordance with paragraphs (2) through (5) of section 103(b).
  (c) Report.--Not later than 30 days after the submission of 
the budget of the President to Congress, the Director of the 
Office of Management and Budget, in coordination with the 
Governor, shall submit to the appropriate authorizing and 
appropriating committees of the Senate and the House of 
Representatives a financial report certified by the Secretary 
containing--
          (1) an interagency budget crosscut report that--
                  (A) displays the budget proposed, including 
                any interagency or intra-agency transfer, for 
                each of the Federal agencies to carry out the 
                Calfed Bay-Delta Program for the upcoming 
                fiscal year, separately showing funding 
                requested under both pre-existing authorities 
                and under the new authorities granted by this 
                title; and
                  (B) identifies all expenditures since 1998 by 
                the Federal and State governments to achieve 
                the objectives of the Calfed Bay-Delta Program;
          (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and State agencies 
        responsible for implementing the Calfed Bay-Delta 
        Program during the previous fiscal year;
          (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and 
        project status) to be carried out in the upcoming 
        fiscal year with the Federal portion of funds for 
        activities under section 103(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 103(b).

SEC. 107. FEDERAL SHARE OF COSTS.

  (a) In General .--The Federal share of the cost of 
implementing the Calfed Bay-Delta Program for fiscal years 2005 
through 2008 in the aggregate, as set forth in the Record of 
Decision, shall not exceed 33.3 percent.
  (b) Calfed Bay-Delta Program Beneficiaries.--The Secretary 
shall ensure that all beneficiaries, including the environment, 
shall pay for benefits received from all projects or activities 
carried out under the Calfed Bay-Delta Program. This 
requirement shall not be limited to storage and conveyance 
projects and shall be implemented so as to encourage integrated 
resource planning.

SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

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

SEC. 109. AUTHORIZATION OF APPROPRIATION.

  There are authorized to be appropriated to the Secretary and 
the heads of the Federal agencies to pay the Federal share of 
the cost of carrying out the new and expanded authorities 
described in paragraphs (6) and (7) of section 103(b), 
$389,000,000 for the period of fiscal years 2005 through 2008, 
to remain available until expended.

                   TITLE II--SALTON SEA STUDY PROGRAM

SEC. 201. SALTON SEA STUDY PROGRAM.

  (a) In General.--The Secretary of the Interior shall conduct 
a study to determine the feasibility of reclaiming the Salton 
Sea.
  (b) Requirements.--The study referred to in subsection (a) 
shall consider each of the following:
          (1) Appraisal investigations.
          (2) Feasibility studies.
          (3) Environmental Reports.
          (4) Cost sharing responsibilities.
          (5) Responsibility for operation and maintenance.
  (c) Report to Congress.--The Secretary shall submit to 
Congress the study developed under this section no later than 1 
year after the date of enactment.

                                  
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