[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing 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.