[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 1681

Public Law 108-361
108th Congress

An Act


 
To authorize the Secretary of the Interior to implement water supply
technology and infrastructure programs aimed at increasing and
diversifying domestic water resources. NOTE: Oct. 25, 2004 -  [H.R.
2828]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Water Supply,
Reliability, and Environmental Improvement Act. California.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

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

TITLE II--MISCELLANEOUS

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

TITLE I-- NOTE: Calfed Bay-Delta Authorization Act. CALIFORNIA WATER
SECURITY AND ENVIRONMENTAL ENHANCEMENT

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

In this title:
(1) Calfed bay-delta program.--The terms ``Calfed Bay-Delta
Program'' and ``Program'' mean the programs, projects,
complementary actions, and activities undertaken through
coordinated planning, implementation, and assessment activities
of the State agencies and Federal agencies as set forth in the
Record of Decision.


[[Page 1682]]
118 STAT. 1682

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


[[Page 1683]]
118 STAT. 1683

SEC. 103. BAY DELTA PROGRAM.

(a) In General.--
(1) Record of decision as general framework.--The Record of
Decision is approved as a general framework for addressing the
Calfed Bay-Delta Program, including its components relating to
water storage, ecosystem restoration, water supply reliability
(including new firm yield), conveyance, water use efficiency,
water quality, water transfers, watersheds, the Environmental
Water Account, levee stability, governance, and science.
(2) Requirements.--
(A) In general.--The Secretary and the heads of the
Federal agencies are authorized to carry out the
activities described in subsections (c) through (f)
consistent with--
(i) the Record of Decision;
(ii) the requirement that Program activities
consisting of protecting drinking water quality,
restoring ecological health, improving water
supply reliability (including additional storage,
conveyance, and new firm yield), and protecting
Delta levees will progress in a balanced manner;
and
(iii) this title.
(B) Multiple benefits.--In selecting activities and
projects, the Secretary and the heads of the Federal
agencies shall consider whether the activities and
projects have multiple benefits.

(b) Authorized Activities.--The Secretary and the heads of the
Federal agencies are authorized to carry out the activities described in
subsections (c) through (f) in furtherance of the Calfed Bay-Delta
Program as set forth in the Record of Decision, subject to the cost-
share and other provisions of this title, if the activity has been--
(1) subject to environmental review and approval, as
required under applicable Federal and State law; and
(2) approved and certified by the relevant Federal agency,
following consultation and coordination with the Governor, to be
consistent with the Record of Decision.

(c) Authorizations for Federal Agencies Under Applicable Law.--
(1) Secretary of the interior.--The Secretary of the
Interior is authorized to carry out the activities described in
paragraphs (1) through (10) of subsection (d), to the extent
authorized under the reclamation laws, the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575; 106
Stat. 4706), the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), and other applicable law.
(2) Administrator of the environmental protection agency.--
The Administrator of the Environmental Protection Agency is
authorized to carry out the activities described in paragraphs
(3), (5), (6), (7), (8), and (9) of subsection (d), to the
extent authorized under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Safe Drinking Water Act (42 U.S.C.
300f et seq.), and other applicable law.
(3) Secretary of the army.--The Secretary of the Army is
authorized to carry out the activities described in paragraphs
(1), (2), (6), (7), (8), and (9) of subsection (d), to the
extent


[[Page 1684]]
118 STAT. 1684

authorized under flood control, water resource development, and
other applicable law.
(4) Secretary of commerce.--The Secretary of Commerce is
authorized to carry out the activities described in paragraphs
(2), (6), (7), and (9) of subsection (d), to the extent
authorized under the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and other applicable law.
(5) Secretary of agriculture.--The Secretary of Agriculture
is authorized to carry out the activities described in
paragraphs (3), (5), (6), (7), (8), and (9) of subsection (d),
to the extent authorized under title XII of the Food Security
Act of 1985 (16 U.S.C. 3801 et seq.), the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 134)
(including amendments made by that Act), and other applicable
law.

(d) Description of Activities Under Applicable Law.--
(1) Water storage.--
(A) In general.--Activities under this paragraph
consist of--
(i) planning and feasibility studies for
projects to be pursued with project-specific study
for enlargement of--
(I) the Shasta Dam in Shasta County;
and
(II) the Los Vaqueros Reservoir in
Contra Costa County;
(ii) planning and feasibility studies for the
following projects requiring further
consideration--
(I) the Sites Reservoir in Colusa
County; and
(II) the Upper San Joaquin River
storage in Fresno and Madera Counties;
(iii) developing and implementing groundwater
management and groundwater storage projects; and
(iv) comprehensive water management planning.
(B) Storage project authorization and balanced
calfed implementation.--
(i) In general.--If on completion of the
feasibility study for a project described in
clause (i) or (ii) of subparagraph (A), the
Secretary, in consultation with the Governor,
determines that the project should be constructed
in whole or in part with Federal funds, the
Secretary shall submit the feasibility study to
Congress.
(ii) Finding of imbalance.--If Congress fails
to authorize construction of the project by the
end of the next full session following the
submission of the feasibility study, the
Secretary, in consultation with the Governor,
shall prepare a written determination making a
finding of imbalance for the Calfed Bay-Delta
Program.
(iii) Report on rebalancing.--
(I) In general.--If the Secretary
makes a finding of imbalance for the
Program under clause (ii), the
Secretary, in consultation with the
Governor, shall, not later than 180 days
after the end of the full session
described in clause (ii),


[[Page 1685]]
118 STAT. 1685

prepare and submit to Congress a report
on the measures necessary to rebalance
the Program.
(II) Schedules and alternatives.--
The report shall include preparation of
revised schedules and identification of
alternatives to rebalance the Program,
including resubmission of the project to
Congress with or without modification,
construction of other projects, and
construction of other projects that
provide equivalent water supply and
other benefits at equal or lesser cost.
(C) Water supply and yield study.--
(i) In general.--The Secretary, acting through
the Bureau of Reclamation and in coordination with
the State, shall conduct a study of available
water supplies and existing and future needs for
water--
(I) within the units of the Central
Valley Project;
(II) within the area served by
Central Valley Project agricultural,
municipal, and industrial water service
contractors; and
(III) within the Calfed Delta
solution area.
(ii) Relationship to prior study.--In
conducting the study, the Secretary shall
incorporate and revise, as necessary, the results
of the study required by section 3408(j) of the
Central Valley Project Improvement Act of 1992
(Public Law 102-575; 106 Stat. 4730).
(iii) Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
submit to the appropriate authorizing and
appropriating committees of the Senate and the
House of Representatives a report describing the
results of the study, including--
(I) new firm yield and water supply
improvements, if any, for Central Valley
Project agricultural water service
contractors and municipal and industrial
water service contractors, including
those identified in Bulletin 160;
(II) all water management actions or
projects, including those identified in
Bulletin 160, that would--
(aa) improve firm yield or
water supply; and
(bb) if taken or
constructed, balance available
water supplies and existing
demand with due recognition of
water right priorities and
environmental needs;
(III) the financial costs of the
actions and projects described under
subclause (II); and
(IV) the beneficiaries of those
actions and projects and an assessment
of the willingness of the beneficiaries
to pay the capital costs and operation
and maintenance costs of the actions and
projects.
(D) Management.--The Secretary shall conduct
activities related to developing groundwater storage
projects to the extent authorized under law.


[[Page 1686]]
118 STAT. 1686

(E) Comprehensive water planning.--The Secretary
shall conduct activities related to comprehensive water
management planning to the extent authorized under law.
(2) Conveyance.--
(A) South delta actions.--
(i) In general.--In the case of the South
Delta, activities under this subparagraph consist
of--
(I) the South Delta Improvements
Program through actions to--
(aa) increase the State
Water Project export limit to
8,500 cfs;
(bb) install permanent,
operable barriers in the South
Delta, under which Federal
agencies shall cooperate with
the State to accelerate
installation of the permanent,
operable barriers in the South
Delta, with an intent to
complete that installation not
later than September 30, 2007;
(cc) evaluate, consistent
with the Record of Decision,
fish screens and intake
facilities at the Tracy Pumping
Plant facilities; and
(dd) increase the State
Water Project export to the
maximum capability of 10,300
cfs;
(II) reduction of agricultural
drainage in South Delta channels, and
other actions necessary to minimize the
impact of drainage on drinking water
quality;
(III) evaluation of lower San
Joaquin River floodway improvements;
(IV) installation and operation of
temporary barriers in the South Delta
until fully operable barriers are
constructed; and
(V) actions to protect navigation
and local diversions not adequately
protected by temporary barriers.
(ii) Actions to increase pumping.--Actions to
increase pumping shall be accomplished in a manner
consistent with the Record of Decision requirement
to avoid redirected impacts and adverse impacts to
fishery protection and with any applicable Federal
or State law that protects--
(I) water diversions and use
(including avoidance of increased costs
of diversion) by in-Delta water users
(including in-Delta agricultural users
that have historically relied on water
diverted for use in the Delta);
(II) water quality for municipal,
industrial, agricultural, and other
uses; and
(III) water supplies for areas of
origin.
(B) North delta actions.--In the case of the North
Delta, activities under this subparagraph consist of--
(i) evaluation and implementation of improved
operational procedures for the Delta Cross Channel
to address fishery and water quality concerns;
(ii) evaluation of a screened through-Delta
facility on the Sacramento River; and


[[Page 1687]]
118 STAT. 1687

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


[[Page 1688]]
118 STAT. 1688

the River, including the timing of
discharges to optimize their
assimilation.
(v) Acquisition of water.--The Secretary shall
incorporate into the program the acquisition from
willing sellers of water from streams tributary to
the San Joaquin River or other sources to provide
flow, dilute discharges of salt or other
constituents, and to improve water quality in the
San Joaquin River below the confluence of the
Merced and San Joaquin Rivers, and to reduce the
reliance on New Melones Reservoir for meeting
water quality and fishery flow objectives.
(vi) Purpose.--The purpose of the authority
and direction provided to the Secretary under this
subparagraph is to provide greater flexibility in
meeting the existing water quality standards and
objectives for which the Central Valley Project
has responsibility so as to reduce the demand on
water from New Melones Reservoir used for that
purpose and to assist the Secretary in meeting any
obligations to Central Valley Project contractors
from the New Melones Project.
(vii) Updating of new melones operating
plan.--The Secretary shall update the New Melones
operating plan to take into account, among other
things, the actions described in this title that
are designed to reduce the reliance on New Melones
Reservoir for meeting water quality and fishery
flow objectives, and to ensure that actions to
enhance fisheries in the Stanislaus River are
based on the best available science.
(3) Water use efficiency.--
(A) Water conservation projects.--Activities under
this paragraph include water conservation projects that
provide water supply reliability, water quality, and
ecosystem benefits to the California Bay-Delta system.
(B) Technical assistance.--Activities under this
paragraph include technical assistance for urban and
agricultural water conservation projects.
(C) Water recycling and desalination projects.--
Activities under this paragraph include water recycling
and desalination projects, including groundwater
remediation projects and projects identified in the Bay
Area Water Plan and the Southern California
Comprehensive Water Reclamation and Reuse Study and
other projects, giving priority to projects that include
regional solutions to benefit regional water supply and
reliability needs.
(D) Water measurement and transfer actions.--
Activities under this paragraph include water
measurement and transfer actions.
(E) Urban water conservation.--Activities under this
paragraph include implementation of best management
practices for urban water conservation.
(F) Reclamation and recycling projects.--
(i) NOTE: Applicability. Projects.--This
subparagraph applies to--
(I) projects identified in the
Southern California Comprehensive Water
Reclamation and Reuse Study, dated April
2001 and authorized by


[[Page 1689]]
118 STAT. 1689

section 1606 of the Reclamation
Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-4); and
(II) projects identified in the San
Francisco Bay Area Regional Water
Recycling Program described in the San
Francisco Bay Area Regional Water
Recycling Program Recycled Water Master
Plan, dated December 1999 and authorized
by section 1611 of the Reclamation
Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-9).
(ii) Deadline.--Not later than 180 days after
the date of enactment of this Act, the Secretary
shall--
(I) complete the review of the
existing studies of the projects
described in clause (i); and
(II) make the feasibility
determinations described in clause
(iii).
(iii) Feasibility determinations.--A project
described in clause (i) is presumed to be feasible
if the Secretary determines for the project--
(I) in consultation with the
affected local sponsoring agency and the
State, that the existing planning and
environmental studies for the project
(together with supporting materials and
documentation) have been prepared
consistent with Bureau of Reclamation
procedures for projects under
consideration for financial assistance
under the Reclamation Wastewater and
Groundwater Study and Facilities Act (43
U.S.C. 390h et seq.); and
(II) that the planning and
environmental studies for the project
(together with supporting materials and
documentation) demonstrate that the
project will contribute to the goals of
improving water supply reliability in
the Calfed solution area or the Colorado
River Basin within the State and
otherwise meets the requirements of
section 1604 of the Reclamation
Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-2).
(iv) Report.--Not later than 90 days after the
date of completion of a feasibility study or the
review of a feasibility study under this
subparagraph, the Secretary shall submit to the
appropriate authorizing and appropriating
committees of the Senate and the House of
Representatives a report describing the results of
the study or review.
(4) Water transfers.--Activities under this paragraph
consist of--
(A) increasing the availability of existing
facilities for water transfers;
(B) lowering transaction costs through permit
streamlining; and
(C) maintaining a water transfer information
clearinghouse.
(5) Integrated regional water management plans.--Activities
under this paragraph consist of assisting local and


[[Page 1690]]
118 STAT. 1690

regional communities in the State in developing and implementing
integrated regional water management plans to carry out projects
and programs that improve water supply reliability, water
quality, ecosystem restoration, and flood protection, or meet
other local and regional needs, in a manner that is consistent
with, and makes a significant contribution to, the Calfed Bay-
Delta Program.
(6) Ecosystem restoration.--
(A) In general.--Activities under this paragraph
consist of--
(i) implementation of large-scale restoration
projects in San Francisco Bay and the Delta and
its tributaries;
(ii) restoration of habitat in the Delta, San
Pablo Bay, and Suisun Bay and Marsh, including
tidal wetland and riparian habitat;
(iii) fish screen and fish passage improvement
projects, including the Sacramento River Small
Diversion Fish Screen Program;
(iv) implementation of an invasive species
program, including prevention, control, and
eradication;
(v) development and integration of Federal and
State agricultural programs that benefit wildlife
into the Ecosystem Restoration Program;
(vi) financial and technical support for
locally-based collaborative programs to restore
habitat while addressing the concerns of local
communities;
(vii) water quality improvement projects to
manage or reduce concentrations of salinity,
selenium, mercury, pesticides, trace metals,
dissolved oxygen, turbidity, sediment, and other
pollutants;
(viii) land and water acquisitions to improve
habitat and fish spawning and survival in the
Delta and its tributaries;
(ix) integrated flood management, ecosystem
restoration, and levee protection projects;
(x) scientific evaluations and targeted
research on Program activities; and
(xi) strategic planning and tracking of
Program performance.
(B) Reporting requirements.--The Secretary or the
head of the relevant Federal agency (as appropriate
under clause (ii)) shall provide to the appropriate
authorizing committees of the Senate and the House of
Representatives and other appropriate parties in
accordance with this subparagraph--
(i) an annual ecosystem program plan report in
accordance with subparagraph (C); and
(ii) detailed project reports in accordance
with subparagraph (D).
(C) NOTE: Reports. Deadlines. Annual ecosystem
program plan.--
(i) In general.--Not later than October 1 of
each year, with respect to each ecosystem
restoration action carried out using Federal funds
under this title, the Secretary, in consultation
with the Governor, shall submit to the appropriate
authorizing committees of


[[Page 1691]]
118 STAT. 1691

the Senate and the House of Representatives an
annual ecosystem program plan report.
(ii) Purposes.--The purposes of the report
are--
(I) to describe the projects and
programs to implement this subsection in
the following fiscal year; and
(II) to establish priorities for
funding the projects and programs for
subsequent fiscal years.
(iii) Contents.--The report shall describe--
(I) the goals and objectives of the
programs and projects;
(II) program accomplishments;
(III) major activities of the
programs;
(IV) the Federal agencies involved
in each project or program identified in
the plan and the cost-share arrangements
with cooperating agencies;
(V) the resource data and ecological
monitoring data to be collected for the
restoration projects and how the data
are to be integrated, streamlined, and
designed to measure the effectiveness
and overall trend of ecosystem health in
the Bay-Delta watershed;
(VI) implementation schedules and
budgets;
(VII) existing monitoring programs
and performance measures;
(VIII) the status and effectiveness
of measures to minimize the impacts of
the program on agricultural land; and
(IX) a description of expected
benefits of the restoration program
relative to the cost.
(iv) Special rule for land acquisition using
federal funds.--For each ecosystem restoration
project involving land acquisition using Federal
funds under this title, the Secretary shall--
(I) identify the specific parcels to
be acquired in the annual ecosystem
program plan report under this
subparagraph; or

(II) NOTE: Deadline. Notices. not
later than 150 days before the project
is approved, provide to the appropriate
authorizing committees of the Senate and
the House of Representatives, the United
States Senators from the State, and the
United States Representative whose
district would be affected, notice of
any such proposed land acquisition using
Federal funds under this title submitted
to the Federal or State agency.
(D) Detailed project reports.--
(i) In general.--In the case of each ecosystem
restoration program or project funded under this
title that is not specifically identified in an
annual ecosystem program plan under subparagraph
(C), not later than 45 days prior to approval, the
Secretary, in coordination with the State, shall
submit to the appropriate authorizing committees
of the Senate and the House of Representatives
recommendations on the proposed program or
project.
(ii) Contents.--The recommendations shall--


[[Page 1692]]
118 STAT. 1692

(I) describe the selection of the
program or project, including the level
of public involvement and independent
science review;
(II) describe the goals, objectives,
and implementation schedule of the
program or project, and the extent to
which the program or project addresses
regional and programmatic goals and
priorities;
(III) describe the monitoring plans
and performance measures that will be
used for evaluating the performance of
the proposed program or project;
(IV) identify any cost-sharing
arrangements with cooperating entities;
(V) identify how the proposed
program or project will comply with all
applicable Federal and State laws,
including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(VI) in the case of any program or
project involving the acquisition of
private land using Federal funds under
this title--
(aa) describe the process
and timing of notification of
interested members of the public
and local governments;
(bb) describe the measures
taken to minimize impacts on
agricultural land pursuant to
the Record of Decision; and
(cc) include preliminary
management plans for all
properties to be acquired with
Federal funds, including an
overview of existing conditions
(including habitat types in the
affected project area), the
expected ecological benefits,
preliminary cost estimates, and
implementation schedules.
(7) Watersheds.--Activities under this paragraph consist
of--
(A) building local capacity to assess and manage
watersheds affecting the Delta system;
(B) technical assistance for watershed assessments
and management plans; and
(C) developing and implementing locally-based
watershed conservation, maintenance, and restoration
actions.
(8) Water quality.--Activities under this paragraph consist
of--
(A) addressing drainage problems in the San Joaquin
Valley to improve downstream water quality (including
habitat restoration projects that improve water quality)
if--
(i) a plan is in place for monitoring
downstream water quality improvements; and
(ii) State and local agencies are consulted on
the activities to be funded;
except that no right, benefit, or privilege is created
as a result of this subparagraph;
(B) implementation of source control programs in the
Delta and its tributaries;


[[Page 1693]]
118 STAT. 1693

(C) developing recommendations through scientific
panels and advisory council processes to meet the Calfed
Bay-Delta Program goal of continuous improvement in
Delta water quality for all uses;
(D) investing in treatment technology demonstration
projects;
(E) controlling runoff into the California aqueduct,
the Delta-Mendota Canal, and other similar conveyances;
(F) addressing water quality problems at the North
Bay Aqueduct;
(G) supporting and participating in the development
of projects to enable San Francisco Bay Area water
districts, and water entities in San Joaquin and
Sacramento Counties, to work cooperatively to address
their water quality and supply reliability issues,
including--
(i) connections between aqueducts, water
transfers, water conservation measures,
institutional arrangements, and infrastructure
improvements that encourage regional approaches;
and
(ii) investigations and studies of available
capacity in a project to deliver water to the East
Bay Municipal Utility District under its contract
with the Bureau of Reclamation, dated July 20,
2001, in order to determine if such capacity can
be utilized to meet the objectives of this
subparagraph;
(H) development of water quality exchanges and other
programs to make high quality water available for urban
and other users;
(I) development and implementation of a plan to meet
all Delta water quality standards for which the Federal
and State water projects have responsibility;
(J) development of recommendations through science
panels and advisory council processes to meet the Calfed
Bay-Delta Program goal of continuous improvement in
water quality for all uses; and
(K) projects that are consistent with the framework
of the water quality component of the Calfed Bay-Delta
Program.
(9) Science.--Activities under this paragraph consist of--
(A) supporting establishment and maintenance of an
independent science board, technical panels, and
standing boards to provide oversight and peer review of
the Program;
(B) conducting expert evaluations and scientific
assessments of all Program elements;
(C) coordinating existing monitoring and scientific
research programs;
(D) developing and implementing adaptive management
experiments to test, refine, and improve scientific
understandings;
(E) establishing performance measures, and
monitoring and evaluating the performance of all Program
elements; and
(F) NOTE: Reports. preparing an annual science
report.
(10) Diversification of water supplies.--Activities under
this paragraph consist of actions to diversify sources of level
2 refuge supplies and modes of delivery to refuges while
maintaining the diversity of level 4 supplies pursuant to
section


[[Page 1694]]
118 STAT. 1694

3406(d)(2) of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4723).

(e) New and Expanded Authorizations for Federal Agencies.--
(1) In general.--The heads of the Federal agencies described
in this subsection are authorized to carry out the activities
described in subsection (f) during each of fiscal years 2005
through 2010, in coordination with the Governor.
(2) Secretary of the interior.--The Secretary of the
Interior is authorized to carry out the activities described in
paragraphs (1), (2), and (4) of subsection (f).
(3) Administrator of the environmental protection agency and
the secretaries of agriculture and commerce.--The Administrator
of the Environmental Protection Agency, the Secretary of
Agriculture, and the Secretary of Commerce are authorized to
carry out the activities described in subsection (f)(4).
(4) Secretary of the army.--The Secretary of the Army is
authorized to carry out the activities described in paragraphs
(3) and (4) of subsection (f).

(f) Description of Activities Under New and Expanded
Authorizations.--
(1) Conveyance.--Of the amounts authorized to be
appropriated under section 109, not more than $184,000,000 may
be expended for the following:
(A) San luis reservoir.--Funds may be expended for
feasibility studies, evaluation, and implementation of
the San Luis Reservoir lowpoint improvement project,
except that Federal participation in any construction of
an expanded Pacheco Reservoir shall be subject to future
congressional authorization.
(B) Intertie.--Funds may be expended for feasibility
studies and evaluation of increased capacity of the
intertie between the State Water Project California
Aqueduct and the Central Valley Project Delta Mendota
Canal.
(C) Franks tract.--Funds may be expended for
feasibility studies and actions at Franks Tract to
improve water quality in the Delta.
(D) Clifton court forebay and the tracy pumping
plant.--Funds may be expended for feasibility studies
and design of fish screen and intake facilities at
Clifton Court Forebay and the Tracy Pumping Plant
facilities.
(E) Drinking water intake facilities.--
(i) In general.--Funds may be expended for
design and construction of the relocation of
drinking water intake facilities to in-Delta water
users.
(ii) Drinking water quality.--The Secretary
shall coordinate actions for relocating intake
facilities on a time schedule consistent with
subsection (d)(2)(A)(i)(I)(bb) or take other
actions necessary to offset the degradation of
drinking water quality in the Delta due to the
South Delta Improvement Program.
(F) New melones reservoir.--
(i) In general.--In addition to the other
authorizations granted to the Secretary by this
title, the Secretary shall acquire water from
willing sellers


[[Page 1695]]
118 STAT. 1695

and undertake other actions designed to decrease
releases from the New Melones Reservoir for
meeting water quality standards and flow
objectives for which the Central Valley Project
has responsibility to assist in meeting
allocations to Central Valley Project contractors
from the New Melones Project.
(ii) Purpose.--The authorization under this
subparagraph is solely meant to add flexibility
for the Secretary to meet any obligations of the
Secretary to the Central Valley Project
contractors from the New Melones Project by
reducing demand for water dedicated to meeting
water quality standards in the San Joaquin River.
(iii) Funding.--Of the amounts authorized to
be appropriated under section 109, not more than
$30,000,000 may be expended to carry out clause
(i).
(G) Recirculation of export water.--Funds may be
used to conduct feasibility studies, evaluate, and, if
feasible, implement the recirculation of export water to
reduce salinity and improve dissolved oxygen in the San
Joaquin River.
(2) Environmental water account.--
(A) In general.--Of the amounts authorized to be
appropriated under section 109, not more than
$90,000,000 may be expended for implementation of the
Environmental Water Account.
(B) Nonreimbursable federal expenditure.--
Expenditures under subparagraph (A) shall be considered
a nonreimbursable Federal expenditure in recognition of
the payments of the contractors of the Central Valley
Project to the Restoration Fund created by the Central
Valley Project Improvement Act (Title XXXIV of Public
Law 102-575; 106 Stat. 4706).
(C) Use of restoration fund.--
(i) In general.--Of the amounts appropriated
for the Restoration Fund for each fiscal year, an
amount not to exceed $10,000,000 for any fiscal
year may be used to implement the Environmental
Water Account to the extent those actions are
consistent with the fish and wildlife habitat
restoration and improvement purposes of the
Central Valley Project Improvement Act.
(ii) Accounting.--Any such use of the
Restoration Fund shall count toward the 33 percent
of funds made available to the Restoration Fund
that, pursuant to section 3407(a) of the Central
Valley Project Improvement Act, are otherwise
authorized to be appropriated to the Secretary to
carry out paragraphs (4) through (6), (10) through
(18), and (20) through (22) of section 3406(b) of
that Act.
(iii) Federal funding.--The $10,000,000
limitation on the use of the Restoration Fund for
the Environmental Water Account under clause (i)
does not limit the appropriate amount of Federal
funding for the Environmental Water Account.
(3) Levee stability.--


[[Page 1696]]
118 STAT. 1696

(A) In general.--For purposes of implementing the
Calfed Bay-Delta Program within the Delta (as defined in
Cal. Water Code  12220)), the Secretary of the Army is
authorized to undertake the construction and
implementation of levee stability programs or projects
for such purposes as flood control, ecosystem
restoration, water supply, water conveyance, and water
quality objectives.
(B) Report.--Not later than 180 days after the date
of enactment of this Act, the Secretary of the Army
shall submit to the appropriate authorizing and
appropriating committees of the Senate and the House of
Representatives a report that describes the levee
stability reconstruction projects and priorities that
will be carried out under this title during each of
fiscal years 2005 through 2010.
(C) NOTE: Applicability. Small flood control
projects.--Notwithstanding the project purpose, the
authority granted under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) shall apply to each project
authorized under this paragraph.
(D) Projects.--Of the amounts authorized to be
appropriated under section 109, not more than
$90,000,000 may be expended to--
(i) reconstruct Delta levees to a base level
of protection (also known as the ``Public Law 84-
99 standard'');
(ii) enhance the stability of levees that have
particular importance in the system through the
Delta Levee Special Improvement Projects Program;
(iii) develop best management practices to
control and reverse land subsidence on Delta
islands;
(iv) develop a Delta Levee Emergency
Management and Response Plan that will enhance the
ability of Federal, State, and local agencies to
rapidly respond to levee emergencies;
(v) develop a Delta Risk Management Strategy
after assessing the consequences of Delta levee
failure from floods, seepage, subsidence, and
earthquakes;
(vi) reconstruct Delta levees using, to the
maximum extent practicable, dredged materials from
the Sacramento River, the San Joaquin River, and
the San Francisco Bay in reconstructing Delta
levees;
(vii) coordinate Delta levee projects with
flood management, ecosystem restoration, and levee
protection projects of the lower San Joaquin River
and lower Mokelumne River floodway improvements
and other projects under the Sacramento-San
Joaquin Comprehensive Study; and
(viii) evaluate and, if appropriate,
rehabilitate the Suisun Marsh levees.
(4) Program management, oversight, and coordination.--
(A) In general.--Of the amounts authorized to be
appropriated under section 109, not more than
$25,000,000 may be expended by the Secretary or the
other heads of Federal agencies, either directly or
through grants, contracts, or cooperative agreements
with agencies of the State, for--
(i) Program support;


[[Page 1697]]
118 STAT. 1697

(ii) Program-wide tracking of schedules,
finances, and performance;
(iii) multiagency oversight and coordination
of Program activities to ensure Program balance
and integration;
(iv) development of interagency cross-cut
budgets and a comprehensive finance plan to
allocate costs in accordance with the beneficiary
pays provisions of the Record of Decision;
(v) coordination of public outreach and
involvement, including tribal, environmental
justice, and public advisory activities in
accordance with the Federal Advisory Committee Act
(5 U.S.C. App.); and
(vi) development of Annual Reports.
(B) Program-wide activities.--Of the amount referred
to in subparagraph (A), not less than 50 percent of the
appropriated amount shall be provided to the California
Bay-Delta Authority to carry out Program-wide
management, oversight, and coordination activities.

SEC. 104. MANAGEMENT.

(a) Coordination.--In carrying out the Calfed Bay-Delta Program, the
Federal agencies shall coordinate their activities with the State
agencies.
(b) Public Participation.--In carrying out the Calfed Bay-Delta
Program, the Federal agencies shall cooperate with local and tribal
governments and the public through an advisory committee established in
accordance with the Federal Advisory Committee Act (5 U.S.C. App.) and
other appropriate means, to seek input on Program planning and design,
technical assistance, and development of peer review science programs.
(c) Science.--In carrying out the Calfed Bay-Delta Program, the
Federal agencies shall seek to ensure, to the maximum extent
practicable, that--
(1) all major aspects of implementing the Program are
subjected to credible and objective scientific review; and
(2) major decisions are based upon the best available
scientific information.

(d) Governance.--
(1) In general.--In carrying out the Calfed Bay-Delta
Program, the Secretary and the Federal agency heads are
authorized to participate as nonvoting members of the California
Bay-Delta Authority, as established in the California Bay-Delta
Authority Act (Cal. Water Code Sec. 79400 et seq.), to the
extent consistent with Federal law, for the full duration of the
period the Authority continues to be authorized by State law.
(2) Relationship to federal law and agencies.--Nothing in
this subsection shall preempt or otherwise affect any Federal
law or limit the statutory authority of any Federal agency.
(3) California bay-delta authority.--
(A) Advisory committee.--The California Bay-Delta
Authority shall not be considered an advisory committee
within the meaning of the Federal Advisory Committee Act
(5 U.S.C. App.).


[[Page 1698]]
118 STAT. 1698

(B) Financial interest.--The financial interests of
the California Bay-Delta Authority shall not be imputed
to any Federal official participating in the Authority.
(C) Ethics requirements.--A Federal official
participating in the California Bay-Delta Authority
shall remain subject to Federal financial disclosure and
conflict of interest laws and shall not be subject to
State financial disclosure and conflict of interest
laws.

(e) Environmental Justice.--The Federal agencies, consistent with
Executive Order 12898 (59 Fed. Reg. 7629), should continue to
collaborate with State agencies to--
(1) develop a comprehensive environmental justice workplan
for the Calfed Bay-Delta Program; and
(2) fulfill the commitment to addressing environmental
justice challenges referred to in the Calfed Bay-Delta Program
Environmental Justice Workplan, dated December 13, 2000.

(f) Land Acquisition.--Federal funds appropriated by Congress
specifically for implementation of the Calfed Bay-Delta Program may be
used to acquire fee title to land only where consistent with the Record
of Decision.

SEC. 105. REPORTING REQUIREMENTS.

(a) Report.--
(1) In general.--Not later than February 15 of each year,
the Secretary, in cooperation with the Governor, shall submit to
the appropriate authorizing and appropriating committees of the
Senate and the House of Representatives a report that--
(A) describes the status of implementation of all
components of the Calfed Bay-Delta Program;
(B) sets forth any written determination resulting
from the review required under subsection (b) or section
103(d)(1)(B); and
(C) includes any revised schedule prepared under
subsection (b) or section 103(d)(1)(B)(iii)(II).
(2) Contents.--The report required under paragraph (1) shall
describe--
(A) the progress of the Calfed Bay-Delta Program in
meeting the implementation schedule for the Program in a
manner consistent with the Record of Decision;
(B) the status of implementation of all components
of the Program;
(C) expenditures in the past fiscal year for
implementing the Program;
(D) accomplishments during the past fiscal year in
achieving the objectives of additional and improved--
(i) water storage;
(ii) water quality, including--
(I) the water quality targets
described in section 2.2.9 of the Record
of Decision; and
(II) any pending actions that may
affect the ability of the Calfed Bay-
Delta Program to achieve those targets
and requirements;
(iii) water use efficiency;
(iv) ecosystem restoration;
(v) watershed management;
(vi) levee system integrity;
(vii) water transfers;


[[Page 1699]]
118 STAT. 1699

(viii) water conveyance;
(ix) water supply reliability (including new
firm yield), including progress in achieving the
water supply targets described in section 2.2.4 of
the Record of Decision and any pending actions
that may affect the ability of the Calfed Bay-
Delta Program to achieve those targets; and
(x) the uses and assets of the environmental
water account described in section 2.2.7 of the
Record of Decision;
(E) Program goals, current schedules, and relevant
financing agreements, including funding levels necessary
to achieve completion of the feasibility studies and
environmental documentation for the surface storage
projects identified in section 103 by not later than
September 30, 2008;
(F) progress on--
(i) storage projects;
(ii) conveyance improvements;
(iii) levee improvements;
(iv) water quality projects; and
(v) water use efficiency programs;
(G) completion of key projects and milestones
identified in the Ecosystem Restoration Program,
including progress on project effectiveness, monitoring,
and accomplishments;
(H) development and implementation of local programs
for watershed conservation and restoration;
(I) progress in improving water supply reliability
and implementing the Environmental Water Account;
(J) achievement of commitments under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and
endangered species law of the State;
(K) implementation of a comprehensive science
program;
(L) progress toward acquisition of the Federal and
State permits (including permits under section 404(a) of
the Federal Water Pollution Control Act (33 U.S.C.
1344(a))) for implementation of projects in all
identified Program areas;
(M) progress in achieving benefits in all geographic
regions covered by the Program;
(N) legislative action on--
(i) water transfer;
(ii) groundwater management;
(iii) water use efficiency; and
(iv) governance;
(O) the status of complementary actions;
(P) the status of mitigation measures; and
(Q) revisions to funding commitments and Program
responsibilities.

(b) Annual Review of Progress and Balance.--
(1) NOTE: Deadline. 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


[[Page 1700]]
118 STAT. 1700

(B) balance in achieving the goals and objectives of
the Calfed Bay-Delta Program.
(2) Revised schedule.--If, at the conclusion of each such
annual review or if a timely annual review is not undertaken,
the Secretary or the Governor determines in writing that either
the Program implementation schedule has not been substantially
adhered to, or that balanced progress in achieving the goals and
objectives of the Program is not occurring, the Secretary and
the Governor, in coordination with the Bay-Delta Public Advisory
Committee, shall prepare a revised schedule to achieve balanced
progress in all Calfed Bay-Delta Program elements consistent
with the intent of the Record of Decision.

(c) Feasibility Studies.--Any feasibility studies completed as a
result of this title shall include identification of project benefits
and a cost allocation plan consistent with the beneficiaries pay
provisions of the Record of Decision.

SEC. 106. CROSSCUT BUDGET.

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

SEC. 107. FEDERAL SHARE OF COSTS.

(a) In General.--The Federal share of the cost of implementing the
Calfed Bay-Delta Program for fiscal years 2005 through 2010


[[Page 1701]]
118 STAT. 1701

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

SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

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

SEC. 109. AUTHORIZATION OF APPROPRIATION.

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

TITLE II--MISCELLANEOUS

SEC. 201. NOTE: Deadline. SALTON SEA STUDY PROGRAM.

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

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

(a) Study.--Pursuant to Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)), the Secretary of the
Interior (referred to in this section as the ``Secretary''), through the
Bureau of Reclamation, and in consultation and cooperation with the El
Dorado Irrigation District, is authorized to conduct a study to
determine the feasibility of constructing a project on Alder Creek in El
Dorado County, California, to store water and provide water supplies
during dry and critically dry years for consumptive use, recreation, in-
stream flows, irrigation, and power production.
(b) Report.--
(1) Transmission.--On completion of the study authorized by
subsection (a), the Secretary shall transmit to the Committee


[[Page 1702]]
118 STAT. 1702

on Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
containing the results of the study.
(2) Contents of report.--The report shall contain
appropriate cost sharing options for the implementation of the
project based on the use and possible allocation of any stored
water.
(3) Use of available materials.--In developing the report
under this section, the Secretary shall use reports and any
other relevant information supplied by the El Dorado Irrigation
District.

(c) Cost Share.--
(1) Federal share.--The Federal share of the costs of the
feasibility study authorized by this section shall not exceed 50
percent of the total cost of the study.
(2) In-kind contribution for non-federal share.--The
Secretary may accept as part of the non-Federal cost share the
contribution such in-kind services by the El Dorado Irrigation
District as the Secretary determines will contribute to the
conduct and completion of the study.

(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.

SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE AUTHORIZATION.

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

Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 2828:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-573, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 9, considered and passed House.
Sept. 15, considered and passed Senate, amended.
Oct. 6, House concurred in Senate amendment.