[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 2641 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2641
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2003
Mr. George Miller of California (for himself and Mrs. Tauscher)
introduced the following bill; which was referred to the Committee on
Resources, and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to implement the Calfed Bay-
Delta Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Calfed Bay-Delta Authorization
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Calfed bay-delta program.--The term ``Calfed Bay-Delta
Program'' means the programs, projects, complementary actions,
and activities undertaken through coordinated planning,
implementation, and assessment activities of the State and
Federal agencies in a manner consistent with the Record of
Decision.
(2) California bay-delta authority.--The term ``California
Bay-Delta Authority'' means a committee of State and Federal
agencies and public members established to oversee the Calfed
Bay-Delta Program, as set forth in the California Bay-Delta
Authority Act (2002 Cal. Stat. Chap. 812).
(3) Environmental water account.--The term ``Environmental
Water Account'' means the reserve of water provided for in the
Record of Decision to provide water, in addition to the amount
of the regulatory baseline, to protect and restore Delta
fisheries.
(4) Federal agencies.--The term ``Federal agencies'' means
the following--
(A) the Department of the Interior (including the
Bureau of Reclamation, Fish and Wildlife Service,
Bureau of Land Management, and United States Geological
Survey),
(B) the Environmental Protection Agency;
(C) the Army Corps of Engineers;
(D) the Department of Commerce (including NOAA
Fisheries);
(E) the Department of Agriculture (including the
Natural Resources Conservation Service and the Forest
Service); and
(F) the Western Area Power Administration.
(5) Governor.--The term ``Governor'' means the Governor of
the State of California.
(6) Implementation memorandum.--The term ``Implementation
Memorandum'' means the Calfed Bay-Delta Program Implementation
Memorandum of Understanding dated August 28, 2000, executed by
the Federal agencies and the State agencies.
(7) Record of decision.--The term ``Record of Decision''
means the Federal programmatic Record of Decision dated August
28, 2000, issued by the Federal agencies and supported by the
State.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Stage 1.--The term ``Stage 1'' means the programs and
projects planned for the first 7 years of the Calfed Bay-Delta
Program, as specified in the Record of Decision.
(10) State.--The term ``State'' means the State of
California.
(11) State agencies.--The term ``State Agencies'' means the
following--
(A) the Resources Agency of California (including
the Department of Water Resources and the Department of
Fish and Game);
(B) the California Environmental Protection Agency
(including the State Water Resources Control Board);
and
(C) the California Department of Food and
Agriculture.
SEC. 3. BAY DELTA PROGRAM.
(a) Findings.--Congress finds that--
(1) the mission of the Calfed Bay-Delta Program is to
develop and implement to a long-term comprehensive plan that
will improve water management and restore the ecological health
of the Bay-Delta system;
(2) the Federal and State agencies participating in the
Bay-Delta Program have prepared a thirty-year plan, the Record
of Decision, dated August 28, 2000, to coordinate existing
programs and direct new programs to improve the quality and
reliability of the State's water supplies and to restore the
ecological health of the Bay-Delta watershed;
(3) the Calfed Bay-Delta Program was developed as a joint
Federal-State program to deal effectively with the
multijurisdictional issues involved in managing the Bay-Delta
system; and
(4) while this Act authorizes appropriations for four years
of this thirty-year program, it is anticipated that the Federal
Government will participate as a full partner with the State of
California for the duration of this thirty-year Program.
(b) In General.--The Record of Decision is approved as a framework
for addressing Calfed Bay-Delta Program components consisting of water
storage, ecosystem restoration, water supply reliability, conveyance,
water use efficiency, water quality, water transfers, watersheds,
Environmental Water Account, levee stability, governance, and science.
The Secretary and the heads of the Federal agencies are authorized to
carry out (undertake, fund, or participate in) the activities in the
Record of Decision, subject to the provisions of this Act and the
constraints of the Record of Decision, so that the Program activities
consisting of protecting drinking water quality; restoring ecological
health; improving water supply reliability, including additional water
storage and conveyance, and protecting Delta levees will progress in a
balanced manner, as set forth in section 5(b) of this Act.
(c) Authorized Activities.--
(1) In general.--The Secretary and the heads of the Federal
agencies are authorized to carry out the activities described
in this subsection in furtherance of Stage 1 of the Calfed Bay-
Delta Program as set forth in the Record of Decision, subject
to the cost-share and other provisions of this Act, if the
activity has been subject to environmental review and approval
as required under applicable Federal and State law, and has
been approved and certified by the California Bay-Delta
Authority to be consistent with the Record of Decision and all
applicable State and Federal law.
(2) Specific activities authorized.--The Secretary of the
Interior is authorized to carry out the activities set forth in
subparagraphs (A) through (H), and subparagraphs (K), (L), and
(M) of subsection (c)(3). The Administrator of the
Environmental Protection Agency is authorized to carry out the
activities set forth in subparagraphs (G), (H), (I), (K), and
(L) of subsection (c)(3). The Secretary of the Army is
authorized to carry out the activities set forth in
subparagraphs (G), (J), (K), and (L) of subsection (c)(3). The
Secretary of Commerce is authorized to carry out the activities
set forth in subparagraphs (E), (G), (H), and (K) of subsection
(c)(3). The Secretary of Agriculture is authorized to carry out
the activities set forth in subparagraphs (C), (G), (H), (I),
and (K) of subsection (c)(3).
(3) Program activities.--
(A) Water storage.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $102,000,000 may be expended for
the following--
(i) planning activities and feasibility
studies for the following projects to be
pursued with project-specific study--
(I) enlargement of Shasta Dam in
Shasta County (not to exceed
$12,000,000); and
(II) enlargement of Los Vaqueros
Reservoir in Contra Costa County (not
to exceed $17,000,000);
(ii) planning and feasibility studies for
the following projects requiring further
consideration--
(I) Sites Reservoir in Colusa
County (not to exceed $6,000,000); and
(II) Upper San Joaquin River
storage in Fresno and Madera Counties
(not to exceed $11,000,000);
(iii) developing and implementing
groundwater management and groundwater storage
projects (not to exceed $50,000,000); and
(iv) comprehensive water management
planning (not to exceed $6,000,000).
(B) Conveyance.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $77,000,000 may be expended for
the following--
(i) South Delta Actions (not to exceed
$45,000,000)--
(I) South Delta Improvements
Program to--
(aa) increase the State
Water Project export limit to
8,500 cfs; such increased
pumping is conditional upon
avoiding adverse impacts to
fishery protection and in-Delta
water supply reliability;
(bb) install permanent,
operable barriers in the south
Delta;
(cc) design and construct
fish screens and intake
facilities at Clifton Court
Forebay and the Tracy Pumping
Plant facilities; and
(dd) increase the State
Water Project export to the
maximum capability of 10,300
cfs; such increased pumping is
conditional upon avoiding
adverse impacts to fishery
protection and in-Delta water
supply reliability;
(II) reduction of agricultural
drainage in south Delta channels and
other actions necessary to minimize
impacts of such drainage on drinking
water quality;
(III) design and construction of
lower San Joaquin River floodway
improvements;
(IV) installation and operation of
temporary barriers in the south Delta
until fully operable barriers are
constructed;
(V) actions to protect navigation
and local diversions not adequately
protected by the temporary barriers;
(VI) actions identified in
subclause (I) or other actions
necessary to offset degradation of
drinking water quality in the Delta due
to the South Delta Improvements
Program; and
(VII) actions at Franks Tract to
improve water quality in the Delta;
(ii) North Delta Actions (not to exceed
$12,000,000)--
(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, including full
consideration of the constraints
identified in the Record of Decision
regarding Delta Cross Channel
operations strategies, water quality
impacts, technical viability, and
fishery concerns; and
(III) design and construction of
lower Mokelumne River floodway
improvements;
(iii) interties (not to exceed
$10,000,000)--
(I) evaluation and construction of
an intertie between the State Water
Project and the Central Valley Project
facilities at or near the City of
Tracy; and
(II) assessment of the connection
of the Central Valley Project to the
State Water Project's Clifton Court
Forebay with a corresponding increase
in the Forebay's screened intake; and
(iv) evaluation and implementation of the
San Luis Reservoir lowpoint improvement project
(not to exceed $10,000,000);
(C) Water use efficiency.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $153,000,000
may be expended for the following--
(i) water conservation projects that
provide water supply reliability, water
quality, and ecosystem benefits to the Bay-
Delta system (not to exceed $61,000,000);
(ii) technical assistance for urban and
agricultural water conservation projects (not
to exceed $5,000,000);
(iii) water recycling and desalination
projects, including but not limited to projects
identified in the Bay Area Water Plan and the
Southern California Comprehensive Water
Reclamation and Reuse Study (not to exceed
$84,000,000), as follows--
(I) in providing financial
assistance under this clause, the
Secretary shall give priority
consideration to projects that include
regional solutions to benefit regional
water supply and reliability needs;
(II) the Secretary shall review any
feasibility level studies for seawater
desalination and regional brine line
projects that have been completed,
whether or not those studies were
prepared with financial assistance from
the Secretary;
(III) the Secretary shall report to
the Congress within 90 days after the
completion of a feasibility study or
the review of a feasibility study for
the purposes of providing design and
construction assistance for the
construction of desalination and
regional brine line projects; and
(IV) the Federal share of the cost
of any activity carried out with
assistance under this clause may not
exceed the lesser of 25 percent of the
total cost of the activity or
$50,000,000;
(iv) water measurement and transfer actions
(not to exceed $1,500,000); and
(v) certification of implementation of best
management practices for urban water
conservation (not to exceed $1,500,000).
(D) Water transfers.--Of the amounts authorized to
be appropriated for fiscal years 2004 through 2007
under this Act, no more than $3,000,000 may be expended
for the following--
(i) increasing the availability of existing
facilities for water transfers;
(ii) lowering transaction costs through
permit streamlining; and
(iii) maintaining a water transfer
information clearinghouse.
(E) Environmental water account.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this act, no more than $75,000,000
may be expended for implementation of the Environmental
Water Account.
(F) Integrated regional water management plans.--Of
the amounts authorized to be appropriated for fiscal
years 2004 through 2007 under this Act, no more than
$95,000,000 may be expended for the following--
(i) establishing a competitive grants
program to assist local and regional
communities in California in developing and
implementing integrated regional water
management plans to carry out Stage 1 of the
Record of Decision; and
(ii) implementation of projects and
programs in California that improve water
supply reliability, water quality, ecosystem
restoration, and flood protection, or meet
other local and regional needs, that are
consistent with, and make a significant
contribution to, Stage 1 of the Calfed Bay-
Delta Program.
(G) Ecosystem restoration.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $100,000,000
may be expended for the following--
(i) implementation of large-scale
restoration projects in San Francisco Bay, the
Delta, and its tributaries;
(ii) restoration of habitat in the Delta,
San Pablo Bay, and Suisun Bay and Marsh,
including tidal wetlands and riparian habitat;
(iii) fish screen and fish passage
improvement projects;
(iv) implementation of an invasive species
program, including prevention, control, and
eradication;
(v) development and integration of State
and Federal agricultural programs that benefit
wildlife into the Ecosystem Restoration
Program;
(vi) financial and technical support for
locally-based collaborative programs to restore
habitat while addressing the concerns of local
communities;
(vii) water quality improvement projects to
reduce salinity, selenium, mercury, pesticides,
trace metals, dissolved oxygen, turbidity,
sediment, and other pollutants;
(viii) land and water acquisitions to
improve habitat and fish spawning and survival
in the Delta and its tributaries;
(ix) integrated flood management, ecosystem
restoration, and levee protection projects;
(x) scientific evaluations and targeted
research on program activities; and
(xi) strategic planning and tracking of
program performance.
(H) Watersheds.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $50,000,000 may be expended for
the following--
(i) building local capacity to assess and
manage watersheds affecting the Bay-Delta
system;
(ii) technical assistance for watershed
assessments and management plans; and
(iii) developing and implementing locally-
based watershed conservation, maintenance, and
restoration actions.
(I) Water quality.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $50,000,000 may be expended for
the following--
(i) implementation of source control
programs in the Delta and its tributaries;
(ii) 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;
(iii) investing in treatment technology
demonstration projects;
(iv) controlling runoff into the California
aqueduct and other similar conveyances;
(v) addressing water quality problems at
the North Bay Aqueduct;
(vi) studying recirculation of export water
to reduce salinity and improve dissolved oxygen
in the San Joaquin River;
(vii) supporting and participating in the
development of projects to enable San Francisco
Bay Area water districts to work cooperatively
to address their water quality and supply
reliability issues, including connections
between aqueducts, water transfers, water
conservation measures, institutional
arrangements, and infrastructure improvements
that encourage regional approaches, and
investigations and studies of available
capacity in a project to deliver water to the
East Bay Municipal Utility District under its
contract with the Bureau of Reclamation dated
July 20, 2001, in order to determine if such
capacity can be utilized to meet the above
objectives: Provided, That these investigations
and studies shall be conducted consistent with
the Record of Decision;
(viii) development of water quality
exchanges and other programs to make high
quality water available to urban areas; and
(ix) development and implementation of a
plan to meet all existing water quality
standards for which the State and Federal water
projects have responsibility.
(J) Levee stability.--Of the amounts authorized to
be appropriated for fiscal years 2004 through 2007
under this Act, no more than $70,000,000 may be
expended for the following--
(i) assisting local reclamation districts
in reconstructing Delta levees to a base level
of protection (not to exceed $20,000,000);
(ii) enhancing the stability of levees that
have particular importance in the system
through the Delta Levee Special Improvement
Projects program (not to exceed $20,000,000);
(iii) developing best management practices
to control and reverse land subsidence on Delta
islands (not to exceed $1,000,000);
(iv) refining the Delta Emergency
Management Plan (not to exceed $1,000,000);
(v) developing a Delta Risk Management
Strategy after assessing the consequences of
Delta levee failure from floods, seepage,
subsidence, and earthquakes (not to exceed
$500,000);
(vi) developing a strategy for reuse of
dredged materials on Delta islands (not to
exceed $1,500,000);
(vii) evaluating, and where appropriate,
rehabilitating the Suisun Marsh levees (not to
exceed $6,000,000); and
(viii) integrated flood management,
ecosystem restoration, and levee protection
projects, including design and construction of
lower San Joaquin River and lower Mokelumne
River floodway improvements and other projects
under the Sacramento-San Joaquin Comprehensive
Study (not to exceed $20,000,000);
(K) Science.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $50,000,000 may be expended for
the following--
(i) establishing and maintaining an
independent science board, technical panels,
and standing boards to provide oversight and
peer review of the program;
(ii) conducting expert evaluations and
scientific assessments of all program elements;
(iii) coordinating existing monitoring and
scientific research programs;
(iv) developing and implementing adaptive
management experiments to test, refine and
improve scientific understandings;
(v) establishing performance measures, and
monitoring and evaluating the performance of
all program elements; and
(vi) preparing an annual Science Report.
(L) Program management, oversight, and
coordination.--Of the amounts authorized to be
appropriated for fiscal years 2004 through 2007 under
this Act, no more than $25,000,000 may be expended by
the Secretary, acting through the Director of the
Calfed Bay-Delta Program, for the following--
(i) program-wide tracking of schedules,
finances, and performance;
(ii) multi-agency oversight and
coordination of Calfed activities to ensure
program balance and integration;
(iii) development of interagency cross-cut
budgets and a comprehensive finance plan to
allocate costs in accordance with the
beneficiary pays provisions of the Record of
Decision;
(iv) coordination of public outreach and
involvement, including tribal, environmental
justice, and public advisory activities under
the Federal Advisory Committee Act; and
(v) development of Annual Reports.
(M) Refuge water supplies.--Of the amounts
authorized to be appropriated for fiscal years 2004
through 2007 under this Act, no more than $30,000,000
may be expended to comply with the Level 2 and Level 4
refuge water supply requirements set forth in section
3406(d)(1)(2) of the Central Valley Project Improvement
Act. Such funds shall be expended first to acquire the
quantities of Level 4 water specified in section
3406(d)(2) of that Act and second to acquire 26,000 AF
of Level 2 replacement water. Any remaining funds may
be expended to diversify sources of Level 2 refuge
water supplies.
(N) Groundwater management.--The Secretary and the
Federal agency heads shall not approve, release,
transfer, or obligate in any manner any funds for the
design or construction of projects described in section
3(c)(3)(A) and section 3(c)(3)(B) of this Act until
there be in effect measures, duly enacted by the
California State legislature and adequate in the
judgment of the Secretary, to manage and control the
pumping of groundwater on a sustainable basis within
the Calfed Solution Area, as that term is used in the
Record of Decision.
(4) Authorized actions.--The Secretary and the Federal
agency heads are authorized to carry out the activities
authorized by this Act through the use of grants, loans,
contracts, and cooperative agreements with Federal and non-
Federal entities where the Secretary or Federal agency head
determines that the grant, loan, contract, or cooperative
agreement will assist in implementing the authorized activity
in an efficient, timely, and cost-effective manner: Provided,
however, That such activities shall not include construction
unless the United States is a party to the contract for
construction.
(5) Project requirements regarding feasibility and
application of beneficiaries pay principle.--No Federal funds
are authorized for any project under the Calfed Bay-Delta
program for increasing water supply, water yield, water
storage, or water conveyance that is intended in whole or in
part for any agricultural, municipal and industrial, domestic,
or hydroelectric power purposes, unless--
(A) a feasibility study for the project is prepared
in accordance with this section;
(B) a report on the findings of such study is
submitted to the Secretary and the Congress; and
(C) the Secretary certifies that--
(i) the feasibility study and report
indicate that total project benefits for those
purposes will equal or exceed total project
costs; and
(ii) the beneficiaries of those purposes
have demonstrated to the satisfaction of the
Secretary a willingness and ability to pay for
costs allocated to them, under the
beneficiaries pay principle referred to in
section 2.2.5 of the Record of Decision; and
(iii) such beneficiaries are obligated to
repay such costs.
SEC. 4. MANAGEMENT.
(a) Coordination.--In carrying out the Calfed Bay-Delta Program,
the Federal agencies shall coordinate their activities with the State
agencies.
(b) Public Participation.--In carrying out the Calfed Bay-Delta
Program, the Federal agencies shall cooperate with local and tribal
governments and the public through a federally chartered advisory
committee or other appropriate means, to seek input on program elements
such as planning, design, technical assistance, and development of peer
review science programs.
(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.--In carrying out the Calfed Bay-Delta Program, the
Secretary and the Federal agency heads are authorized to become voting
members of the California Bay-Delta Authority, as established in the
California Bay-Delta Authority Act (2002 Cal. Stat. Chap. 812), to the
extent consistent with Federal law. Nothing in this subsection shall
preempt or otherwise affect any Federal law or limit the statutory
authority of any Federal agency: Provided, That the California Bay-
Delta Authority shall not be deemed to be an advisory committee within
the meaning of the Federal Advisory Committee Act (5 U.S.C. App. 1) and
the financial interests of the California Bay-Delta Authority shall not
be imputed to any Federal official participating in such Authority.
(e) Environmental Justice.--Consistent with Executive Order 12898
pertaining to Federal Actions to Address Environmental Justice in
Minority and Low-Income Populations, it is the intent of the Congress
that the Federal and State agencies should continue to collaborate to
develop a comprehensive environmental justice workplan for the Calfed
Bay-Delta Program and fulfill the commitment to addressing
environmental justice challenges referred to in the Calfed Bay-Delta
Program Environmental Justice Workplan dated December 13, 2000.
(f) Land Acquisition.--Before obligating or expending any Federal
funds to acquire land for the Ecosystem Restoration Program, the
Secretary shall first determine that existing Federal land, State land,
or other public land is not available for the project purpose. Private
land acquisitions shall prioritize easements over acquisitions of fee
title unless easements are unavailable or unsuitable for the stated
purpose.
(g) Status Reports.--The Secretary shall report monthly on the
Authority's progress in achieving the water supply targets as described
in Section 2.2.4 of the Record of Decision, the environmental water
account requirements as described in Section 2.2.7, and the water
quality targets as described in Section 2.2.9, and any pending actions
that may affect the Authority's ability to achieve those targets and
requirements.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report and Certification by Calfed.--The Secretary, in
cooperation with the Governor, shall submit a report of the California
Bay-Delta Authority by December 15 of each year to the appropriate
authorizing and appropriating Committees of the Senate and the House of
Representatives that describes the status of implementation of all
components of the Calfed Bay-Delta Program and that certifies whether
or not the Calfed Bay-Delta Program is progressing in a balanced manner
which allows all program components to be advanced, including
additional water supply, ecosystem restoration, and water quality. The
Secretary's report shall describe--
(1) the progress of the Calfed Bay-Delta Program in meeting
the implementation schedule for the Program in a manner
consistent with the Record of Decision;
(2) the status of implementation of all components of the
Calfed Bay-Delta Program;
(3) expenditures in the past fiscal year and year to date
for implementing the Calfed Bay-Delta Program; and
(4) accomplishments in the past fiscal year and year to
date in achieving the objectives of additional and improved--
(A) water storage;
(B) water quality;
(C) water use efficiency;
(D) ecosystem restoration;
(E) watershed management;
(F) levee system integrity;
(G) water transfers;
(H) water conveyance; and
(I) water supply reliability.
The report shall discuss the status of Calfed Bay-Delta Program goals,
current schedules, and relevant financing agreements.
(b) Statement of Balance.--Substantial progress in each of the
categories listed in subsection (a) shall be considered in determining
whether the Calfed Bay-Delta Program is proceeding in a balanced manner
for purposes of making the certification provided for in subsection
(a). In addition, in making such certification the Secretary, in
cooperation with the Governor, shall prepare a statement of whether the
program is in balance which takes into consideration the following--
(1) status of all Stage 1 actions, including goals,
schedules, and financing agreements;
(2) progress on storage projects, conveyance improvements,
levee improvements, water quality projects, and water use
efficiency programs;
(3) completion of key projects and milestones identified in
the Ecosystem Restoration Program;
(4) development and implementation of local programs for
watershed conservation and restoration;
(5) progress in improving water supply reliability and
implementing the Environmental Water Account;
(6) achievement of commitments under State and Federal
Endangered Species Acts;
(7) implementation of a comprehensive science program;
(8) progress toward acquisition of the State and Federal
permits, including Clean Water Act section 404(a) permits, for
implementation of projects in all identified program areas;
(9) progress in achieving benefits in all geographic
regions covered by the Program;
(10) legislative action on water transfer, groundwater
management, water use efficiency, and governance issues;
(11) status of complementary actions;
(12) status of mitigation measures; and
(13) revisions to funding commitments and program
responsibilities.
(c) Revised Schedule.--If the report provided for in subsection (a)
and the statement of balance provided for in subsection (b) conclude
that the Calfed Bay-Delta Program is not progressing in a balanced
manner so that no certification of balanced implementation can be made,
the California Bay-Delta Authority shall prepare a revised schedule to
ensure the Calfed Bay-Delta Program will progress in a balanced manner
consistent with the intent of the Record of Decision. This revised
schedule shall be subject to approval by the Secretary and the
Governor, and upon such approval, shall be submitted to the appropriate
authorizing and appropriating committees of the Senate and the House of
Representatives.
(d) Feasibility Studies.--Any feasibility studies completed for
storage projects as a result of this Act shall include identification
of project benefits and beneficiaries and a cost allocation plan
consistent with the beneficiaries pay provisions of the Record of
Decision.
(e) Financial Summary.--In addition to the report required pursuant
to subsection (a), no later than February 15 of each year the Secretary
shall submit to the appropriate authorizing and appropriating
committees of the Senate and the House of Representatives a financial
report certified by the Secretary containing a detailed accounting of
all funds received and obligated by all Federal and State agencies
responsible for implementing the Calfed Bay-Delta Program in the
previous fiscal year, a budget for the proposed projects (including a
description of the project, authorization level, and project status) to
be carried out in the upcoming fiscal year with the Federal portion of
funds authorized under this Act, and a listing of all projects to be
undertaken in the upcoming fiscal year with the Federal portion of
funds authorized under this Act.
(f) Report.--Prior to December 2004, the Secretary, after
consultation with the Governor and the Federal agency heads, shall
submit a report to Congress that--
(1) details the accomplishments of the Calfed Bay-Delta
Program to date;
(2) identifies the specific steps that remain to be
undertaken in the Program;
(3) sets forth the specific funding levels and sources to
accomplish such steps; and
(4) makes such recommendations as may be necessary to
accomplish the goals and objectives of the continuing Calfed
Bay-Delta Program.
SEC. 6. CROSSCUT BUDGET AND AUTHORIZATION OF APPROPRIATIONS.
(a) Crosscut Budget.--The President's Budget shall include requests
for the appropriate level of funding for each of the Federal agencies
to carry out its responsibilities under the Calfed Bay-Delta Program.
Such funds shall be requested for the Federal agency with authority and
programmatic responsibility for the obligation of such funds, as set
forth in section 3(c)(2). At the time of submission of the President's
Budget to the Congress, the Director of the Office of Management and
Budget shall submit to the appropriate authorizing and appropriating
committees of the Senate and the House of Representatives and
interagency budget crosscut report that displays the budget proposed,
including any interagency or intra-agency transfer, for each of the
Federal agencies to carry out the Calfed Bay-Delta Program for the
upcoming fiscal year, separately showing funding requested under both
pre-existing authorities and under the new authorities granted by this
Act. The report shall also identify all expenditures since 1996 within
the Federal and State governments used to achieve the objectives of the
Calfed Bay-Delta Program.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary and the heads of the Federal agencies
$880,000,000 to pay the Federal share of carrying out Stage 1 of the
Record of Decision for fiscal years 2004 through 2007, in accordance
with the provisions of this Act. The funds shall remain available
without fiscal year limitation.
SEC. 7. FEDERAL SHARE OF COSTS.
The Federal share of the cost of implementing Stage 1 of the Calfed
Bay-Delta Program as set forth in the Record of Decision shall not
exceed 33.3 percent, unless otherwise specified in this Act.
SEC. 8. COMPLIANCE WITH STATE AND FEDERAL LAW.
Nothing in this Act preempts or otherwise affects any Federal or
State law, including any authority of a Federal agency to carry out
activities related to, or in furtherance of, the Calfed Bay-Delta
Program.
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