[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 2828 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2828
To authorize the Secretary of the Interior to implement water supply
technology and infrastructure programs aimed at increasing and
diversifying domestic water resources.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2003
Mr. Calvert (for himself, Mr. Dooley of California, Mr. Radanovich, Mr.
Ortiz, Mr. Nunes, Mr. Cardoza, Mr. Osborne, Mr. Baca, Mr. Renzi, Mr.
Gallegly, Mr. Lewis of California, Mr. Thomas, Mr. Dreier, Mr. Hunter,
Mrs. Bono, Mr. Cox, Mr. Doolittle, Mr. Gary G. Miller of California,
Mr. McKeon, Mr. Royce, Mr. Cunningham, Mr. Rohrabacher, Mr. Issa, Mr.
Ose, and Mr. Pombo) 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 water supply
technology and infrastructure programs aimed at increasing and
diversifying domestic water resources.
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 ``Water Supply, Reliability, and
Environmental Improvement Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Purposes.
TITLE I--DEPARTMENT OF INTERIOR, COMPETITIVE GRANT PROGRAM
Sec. 101. General authority.
Sec. 102. Authority to study, plan, design, and construct.
Sec. 103. Criteria for grants.
Sec. 104. Annual report.
Sec. 105. Authorization of appropriations.
Sec. 106. Limitation on eligibility for funding.
TITLE II--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT ACT
Sec. 201. CALFED Bay-Delta Program.
Sec. 202. Management.
Sec. 203. Implementation schedule report.
Sec. 204. Authorization of appropriations.
Sec. 205. Federal share of costs.
Sec. 206. Use of existing authorities and funds.
Sec. 207. Compliance with State and Federal law.
TITLE III--SALTON SEA
Sec. 301. Funding to address Salton Sea.
TITLE IV--ESTABLISHMENT OF CENTRALIZED REGULATORY OFFICE
Sec. 401. Establishment of office.
Sec. 402. Acceptance and expenditure of contributions.
TITLE V--RURAL WATER SUPPLY PROGRAM
Sec. 501. Rural water supply program.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Bay-delta solution area.--The term ``Bay-Delta solution
area'' means the Bay-Delta watershed and the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary, California, and the areas
in which diverted/exported water is used.
(2) Bay-delta watershed.--The term ``Bay-Delta watershed''
means the Sacramento River-San Joaquin River Delta, and the
rivers and watersheds that are tributary to that delta.
(3) 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 Objectives and
Solution Principles of the CALFED Bay-Delta Program as stated
in the Record of Decision.
(4) Congressional authorizing committees.--The term
``congressional authorizing committees'' means the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(5) Commissioner.--The term ``commissioner'' means the
Commissioner of the Bureau of Reclamation.
(6) Environmental water account.--The term ``Environmental
Water Account'' means the water account established by the
Federal agencies and State agencies pursuant to the Record of
Decision to reduce incidental take and provide a mechanism for
recovery of species.
(7) Federal agencies.--The term ``Federal agencies'' means
the Federal agencies that are signatories to Attachment 3 of
the Record of Decision.
(8) Governor.--The term ``Governor'' means the Governor of
the State of California.
(9) 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, as such record of
decision may be adapted or modified by the Secretary in
accordance with applicable law.
(10) Reclamation states.--The term ``Reclamation States''
means the States of Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota,
Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, and
Texas.
(11) 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.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) State.--The term ``State'' means the State of
California.
(14) State agencies.--The term ``State agencies'' means the
California State agencies that are signatories to Attachment 3
of the Record of Decision.
(15) Water resource agencies.--The term ``Water resource
agencies'' means the Federal agencies that are signatories to
Attachment 3 of the Record of Decision.
(16) Water supply.--The term ``water supply'' means a
quantity of water that is developed or derived from--
(A) increased water yield;
(B) recycling existing sources;
(C) desalination of seawater or brackish water;
(D) surface or ground water storage;
(E) conservation; or
(F) other actions or water management tools that
improve the availability and reliability of water
supplies for beneficial uses in all water year types,
including critically dry years.
(17) Water yield.--The term ``water yield'' means a new
quantity of water in storage that is reliably available in
critically dry years for beneficial uses.
SEC. 4. PURPOSES.
The purposes of this Act are as follows:
(1) To enhance and improve water supply, water yield, and
water reliability coordinated through the Secretary, in
cooperation, and consultation with Water Resource Agencies.
(2) To foster and promote the development of supplemental
and new water supplies, coordinated through the Secretary, in
consultation and coordination with the Water Resource Agencies,
through water reuse and salinity management.
(3) To establish a competitive, performance-based program,
coordinated through the Secretary, in consultation and
coordination with the Water Resource Agencies, to provide
financial incentives to entities to develop demonstration
projects designed to treat seawater and brackish water,
wastewater and impaired ground water.
(4) To establish an office, in any Reclamation State
requesting such an office, for the use of all Federal and State
agencies that will be involved in issuing permits and
conducting environmental reviews for water supply, water supply
capital improvement projects, levee maintenance, and delivery
systems in any Reclamation State requesting such an office.
(5) To provide assistance to States, municipalities, other
local governmental agencies (including soil and water
conservation districts) and investor-owned utilities that
provide municipal water supply service pursuant to State law in
the design and construction of projects to desalinate seawater
and put to beneficial use impaired ground water and brackish
water.
(6) To implement and abide by the 4 primary objectives and
solution principles set forth in the CALFED Bay-Delta Program.
To authorize funding and coordinate sustained funding sources,
through the Secretary, for the implementation of a
comprehensive program to achieve increased water yield and
water supply, improved water quality, and enhanced
environmental benefits as well as improved water system
reliability, water use efficiency, watershed management, water
transfers, and levee protection.
(7) To implement other related provisions to improve water
supply and yield.
TITLE I--DEPARTMENT OF INTERIOR, COMPETITIVE GRANT PROGRAM
SEC. 101. GENERAL AUTHORITY.
(a) Establishment of a Water Resources Coordination Office.--There
shall be established within the Office of the Secretary the Office of
the Federal Water Resources Coordinator (referred to in this title as
the ``Coordinator'') who shall be responsible for coordinating the
Water Resource Agencies activities addressing water desalination
(including sea and brackish water), impaired ground water, brine
removal, and water reuse projects and activities authorized under this
title.
(b) Secretarial Responsibility.--The Secretary, through the
Coordinator, shall carry out the responsibilities, as specifically
identified as a responsibility of the Coordinator under this title, and
may not delegate these responsibilities to the Water Resource Agencies.
The Coordinator at its sole option may use the services of the Water
Resource Agencies on any project deemed necessary.
(c) Assessment of Existing Federal Authorities.--The Secretary,
through the Coordinator and in consultation with the Water Resource
agencies, shall develop and transmit to Congress no later than 60 days
after enactment of this Act, an assessment report that identifies the
following:
(1) A list of authorities, including mandatory and
discretionary trust funds, other than those under this title,
to undertake activities under section 102.
(2) A list of all Water Resource Agencies expenditures
since fiscal year 1998 undertaken for projects and activities
related to this title.
(3) A plan of Water Resource Agencies coordination to meet
the criteria, and guidelines as determined under this title.
(4) A detailed/coordinated Water Resource Agencies budget
review document, including outyears funding requirements.
(5) Recommendations for alternative financing mechanisms.
(d) Establishment of Guidelines for Activities Undertaken by the
Coordinator.--
(1) Rules and guidelines.--In carrying out activities under
this title the Secretary, acting through the Coordinator, in
coordination with the Water Resource Agencies, shall issue
rules and guidelines for the submission of selection,
solicitation, and timelines of eligible projects and activities
seeking grants assistance to analyze, plan, develop and
construct, including but not limited to, the following:
(A) Sea and brackish water desalination projects,
including analysis and technology development,
reclamation of wastewater, and impaired ground and
surface waters.
(B) Brine management and disposal, including
analysis and technology development. Such analysis
shall include, but not be limited to, the effects of
concentrate disposal and possible mitigation measures.
(C) Water reuse, including, but not limited to,
techniques for cleanup and treatment of ground water
contamination, especially ground water basins that are
the primary source of drinking water supplies.
(2) Equitable selection.--The Secretary shall ensure the
rules and guidelines provide for the equitable selection, to
the maximum extent practicable, of projects and distribution of grants
among the eligible activities identified under this section.
(3) Timeframe.--Such rules and guidelines shall be issued
not later than 90 days after the date of the enactment of this
Act.
(e) Agency Participation.--The Coordinator, in consultation with
the Water Resource Agencies, shall--
(1) determine available and appropriate accounts, both
mandatory and permanent, including Federal trust funds; and
(2) direct the Federal agency heads to spend authorized
funds, if available within their agency, based on their
proportional Federal interest.
SEC. 102. AUTHORITY TO STUDY, PLAN, DESIGN, AND CONSTRUCT.
(a) In General.--The Secretary, through the Coordinator, in
cooperation and consultation with the Water Resource Agencies, shall
undertake a competitive grant program--
(1) to investigate and identify opportunities for the
study, plan, and design of activities under this title; and
(2) to construct demonstration and permanent facilities, or
the implementation of other programs and activities, to meet
the criteria under this title.
(b) Conditions.--No grant may be made under this title for the
design and construction of any project until after--
(1) an appraisal investigation and a feasibility study
(which may be performed, if applicable, by the non-Federal
sponsor and submitted to the Secretary, through the
Coordinator, for review) have been completed and approved by
the Secretary, through the Coordinator;
(2) the Secretary, through the Coordinator, has determined
that, if applicable, the non-Federal project sponsor has the
financial resources available to fund the non-Federal share of
the project's costs; and
(3) the Secretary, through the Coordinator, has approved,
if applicable, a cost-sharing agreement with the non-Federal
project sponsor that commits the non-Federal project sponsor to
funding its share of the project's construction costs on an
annual basis, and ongoing operations and maintenance.
SEC. 103. CRITERIA FOR GRANTS.
In making grants pursuant to this title, the Secretary, acting
through the Coordinator shall give priority to those projects which
meet at least one of the following criteria:
(1) The requirements of the Secretary, as applicable, and
any applicable State requirements.
(2) Is agreed to by the Federal and non-Federal entities
with authority and responsibility for the project.
(3) Increase water supply yield.
(4) Improve water use efficiency and water conservation.
(5) Reduce or stabilize demand on existing Federal and
State water supply facilities.
(6) Improve water quality.
(7) Employ innovative approaches, including but not limited
to, ground water recharge.
(8) Facilitate the transfer and adoption of technology.
(9) Employ regional solutions that increase the
availability of locally and regionally developed water
supplies.
(10) Remediate a contaminated ground water basin.
(11) Provide a secure source of new water supplies for
national defense activities.
(12) Reduce the threat of a water supply disruption as a
result of a natural disaster or acts of terrorism.
(13) Help Water Resource Agencies meet existing legal
requirements, contractual water supply obligations, Indian
trust responsibilities, water rights settlements, water quality
control plans and department of health requirements, Federal
and State environmental laws, the Federal Water Pollution
Control Act, or other obligations.
(14) Promote and applies a regional or watershed approach
to water resource management or cross-boundary issues,
implements an integrated resources management approach,
increases water management flexibility, or forms a partnership
with other entities.
(15) Improve health and safety of the general public.
(16) Provide benefits outside the region in which the
project occurs.
(17) Provide benefits to the agricultural community.
SEC. 104. ANNUAL REPORT.
The Secretary shall provide the Congress an annual report that
includes the following:
(1) A list of projects, and project details, amount of
past, current, and projected funding.
(2) Documentation of the accounts within the Water Resource
Agencies funding.
(3) The benefits gained by projects, and to which
beneficiaries and users, funded under this title.
(4) An assessment of how the project met each of the
evaluation criteria under this title.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) Activities and Projects Under This Title.--
(1) Determination of water resources agency
participation.--If existing authorities are not available to
carry out activities addressed under this title, the
Coordinator, in consultation with the Water Resource agencies,
shall make the determination of Federal participation and
Federal agency cost share.
(2) Funding.--Subject to section 105(a)(1) and section
105(b), there are authorized to be appropriated--
(A) $50,000,000 for fiscal year 2004; and
(B) $100,000,000 for each fiscal year thereafter.
(b) Limitations on Grants.--
(1) Location of project.--Grants carried out by the
Secretary, through the Coordinator, may be carried out through
the 50 States.
(2) Per state limit.--Except as provided in under this
section, of the amount available in a fiscal year for grants
under this title, not more than 30 percent may be used for
projects in a single State.
(c) Cost Sharing.--Except as provided under this section, and
notwithstanding any other provision of this title. Grants for projects
receiving Federal assistance under this title shall not exceed the
lesser of $50,000,000 (indexed annually for inflation) or 35 percent of
the total cost of the project.
SEC. 106. LIMITATION ON ELIGIBILITY FOR FUNDING.
A project that receives funds under this Act shall be ineligible to
receive Federal funds from any other source for the same purpose unless
such funds are provided to ensure compliance with a Federal mandate.
TITLE II--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT ACT
SEC. 201. CALFED BAY-DELTA PROGRAM.
(a) Findings.--Congress finds as follows:
(1) The mission of the CALFED Bay-Delta Program is to
develop and implement a long-term comprehensive plan that will
increase water supply and yield, improve water management, and
restore the ecological health of the Bay-Delta solution area.
(2) 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
Watershed.
(b) In General.--
(1) Authorization.--The Federal agencies, in consultation
with State agencies, are authorized to participate in the
CALFED Bay-Delta Program, in accordance with this title, and
consistent with the Objectives and Solution Principles set
forth in the Record of Decision.
(2) Goals.--The goals of the CALFED Bay-Delta Program shall
consist of components that include water supply and yield,
ecosystem restoration, water supply reliability, conveyance,
water use efficiency, water quality, water transfers,
watersheds, Environmental Water Account, levee stability, and
science.
(3) Balance.--CALFED Bay-Delta Program activities
consisting of protecting water quality, including but not
limited to, drinking water quality, restoring ecological
health, improving water supply reliability, including
additional water supply and water yield and conveyance, and
protecting levees in the Bay-Delta watershed, shall progress in
a balanced manner.
(c) Administration of Activities.--
(1) In general.--The Secretary and the heads of the Federal
agencies are authorized to carry out the activities described
in this title, subject to the cost-share and other provisions
of this title, if the activity--
(A) has been subject to environmental review and
approval as required under applicable Federal and State
law; and
(B) has been approved and certified by the
Secretary to be consistent with the Objectives and
Solution Principles of the CALFED Bay-Delta Program as
stated in Record of Decision.
(2) Multiple benefit projects favored.--The Secretary and
Federal agencies are authorized to carry out the activities set
forth in this title. In selecting projects and programs for
increasing water yield and water supply, improving water
quality, and enhancing environmental benefits, projects and
programs with multiple benefits shall be emphasized.
(3) Elements regulated.--To the extent that CALFED Bay-
Delta Program projects and elements are subject to regulation
under section 404 of the Clean Water Act, the United States
Army Corps of Engineers and the United States Environmental
Protection Agency shall not consider, as alternatives to
projects that are elements of the overall CALFED Bay-Delta
Program, programs, projects, or actions beyond those described
in the Record of Decision, nor shall they favor one CALFED Bay-
Delta Program project or element over another.
(4) Balance.--The Secretary shall ensure that all elements
of the CALFED Bay-Delta Program need to be completed and
operated cooperatively to maintain the balanced progress in all
CALFED Bay-Delta Program areas.
(d) Program Activities.--
(1) Water storage.--Except as provided by section 207(b),
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:
(A) Water storage supply and yield.--For purposes
of implementing the CALFED Bay-Delta Program, the
Secretary is authorized to undertake all necessary
planning activities and feasibility studies required
for the development of recommendations by the Secretary
to Congress on the construction and implementation of
specific water supply and yield, ground water
management, and ground water storage projects and
implementation of comprehensive water management
planning. The requirements of section 9(a) of the Act
of August 4, 1939 (43 U.S.C. 485h(a); 53 Stat. 1193)
shall be deemed to be met through the performance of a
feasibility study as authorized within this section as
well as those feasibility studies authorized under the
Consolidated Appropriations Resolution Fiscal Year
2003, Public Law 108-7, House Report 108-10, division
D, title II, section 215.
(B) Feasibility studies.--All feasibility studies
completed for storage projects as a result of this
section shall include identification of project
benefits and beneficiaries and a cost allocation plan
consistent with the benefits to be received, for both
governmental and non-governmental entities.
(C) Disapproval resolution.--If the Secretary
determines a project to be feasible, and meets the
requirements under subparagraph (B), the report shall
be submitted to Congress. If Congress does not pass a
disapproval resolution of the feasibility study during
the first 120 days before Congress (not including days
on which either the House of Representatives or the
Senate is not in session because of an adjournment of
more than three calendar days to a day certain) the
project shall be authorized, subject to appropriations.
(D) Water supply and water yield study.--(i) The
Secretary, acting through the Bureau of Reclamation and
in consultation with the State, shall conduct a study
of available water supplies and water yield and
existing demand and future needs for water--
(I) within the units of the Central Valley
Project;
(II) within the area served by Central
Valley Project agricultural water service
contractors and municipal and industrial water
service contractors; and
(III) within the Bay-Delta solution area.
(ii) Relationship to prior study.--The study under
clause (i) shall incorporate and revise as necessary
the study required by section 3408(j) of the Central
Valley Project Improvement Act of 1992 (Public Law 102-
575).
(E) Report.--The Secretary shall submit a report
to the congressional authorizing committees by not
later than 180 days after the date of the enactment of
this title describing the following:
(i) Water yield and water supply
improvements, if any, for Central Valley
Project agricultural water service contractors
and municipal and industrial water service
contractors.
(ii) All water management actions or
projects that would improve water yield or
water supply and that, if taken or constructed,
would balance available water supplies and
existing demand for those contractors and other
water users of the Bay-Delta watershed with due
recognition of water right priorities and
environmental needs.
(iii) The financial costs of the actions
and projects described under clause (ii).
(iv) The beneficiaries of those actions and
projects and an assessment of their willingness
to pay the capital costs and operation and
maintenance costs thereof.
(F) Other activities.--Studying, developing and
implementing ground water management and ground water
storage projects (not to exceed $50,000,000); and
(G) Planning.--Comprehensive water management
planning (not to exceed $6,000,000).
(2) Conveyance.--Except as provided by section 207(b), 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:
(A) South Delta Actions (not to exceed
$45,000,000):
(i) South Delta Improvements Program for
the following:
(I) To increase the State Water
Project export limit to 8500 cfs,
subject to subclause (VI).
(II) To install permanent, operable
barriers in the south Delta. The
Federal Agencies shall cooperate with
the State to accelerate installation of
the permanent, operable barriers in the
south Delta, with the intent to
complete that installation not later
than the end of fiscal year 2006.
(III) To design and construct fish
screens and intake facilities at
Clifton Court Forebay and the Tracy
Pumping Plant facilities.
(IV) To 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 impacts of such drainage
on water quality, including but not limited to,
design and construction of the relocation of
drinking water intake facilities to delta water
users. The Secretary shall coordinate actions
for relocating intake facilities on a time
schedule consistent with subclause (i)(II).
(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 to increase pumping shall be
accomplished in a manner consistent with
California law protecting:
(I) deliveries to, costs of, and
water suppliers and water users,
including but not limited to,
agricultural users, that have
historically relied on water diverted
from the Delta; and
(II) the quality of water for
existing municipal, industrial, and
agricultural uses.
(vi) Actions at Franks Tract to improve
water quality in the Delta.
(B) 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.
(iii) Design and construction of lower
Mokelumne River floodway improvements.
(C) 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.
(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.
(D) Evaluation and implementation of the San Luis
Reservoir lowpoint improvement project (not to exceed
$10,000,000).
(3) 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:
(A) Water conservation projects that provide water
supply reliability, water quality, and ecosystem
benefits to the Bay-Delta solution area (not to exceed
$61,000,000).
(B) Technical assistance for urban and agricultural
water conservation projects (not to exceed $5,000,000).
(C) Water recycling and desalination projects,
including but not limited to projects identified in the
Bay Area Water Recycling 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.
(iv) The Federal share of the cost of any
activity carried out with assistance under this
clause may not exceed the lesser of 35 percent
of the total cost of the activity or
$50,000,000.
(D) Water measurement and transfer actions (not to
exceed $1,500,000).
(E) Certification of implementation of best
management practices for urban water conservation (not
to exceed $1,500,000).
(4) 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:
(A) Increasing the availability of existing
facilities for water transfers.
(B) Lowering transaction costs through permit
streamlining.
(C) Maintaining a water transfer information
clearinghouse.
(5) 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.
(6) 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:
(A) 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 the Objectives and
Solution Principles of the CALFED Bay-Delta Program as
stated in the Record of Decision.
(B) 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.
(7) Ecosystem restoration.--(A) Of the amounts authorized
to be appropriated for fiscal years 2004 through 2007 under
this title, no more than $100,000,000 may be expended for
projects under this subsection.
(B) The Secretary is authorized to undertake the following
projects under this paragraph:
(i) Restoration of habitat in the San Francisco
Bay-Delta watershed, San Pablo Bay, and Suisun Bay and
Marsh, including tidal wetlands and riparian habitat.
(ii) Fish screen and fish passage improvement
projects.
(iii) Implementation of an invasive species
program, including prevention, control, and
eradication.
(iv) Development and integration of State and
Federal agricultural programs that benefit wildlife
into the Ecosystem Restoration Program.
(v) Financial and technical support for locally-
based collaborative programs to restore habitat while
addressing the concerns of local communities.
(vi) Water quality improvement projects to manage
salinity, selenium, mercury, pesticides, trace metals,
dissolved oxygen, turbidity, sediment, and other
pollutants.
(vii) Land and water acquisitions to improve
habitat and fish spawning and survival in the Bay-Delta
watershed.
(viii) Integrated flood management and levee
protection projects for improving ecosystem
restoration.
(ix) Scientific evaluations and targeted research
on program activities, including appropriate use of
adaptive management concepts.
(x) Preparation of management plans for all
properties acquired, and update current management
plans, prior to the purchase or any contribution to the
purchase of any interest in land for ecosystem.
(xi) Strategic planning and tracking of program
performance using established protocols and/or bio-
indicators.
(C) Project Initiation Report for each project, describing
project purpose, objective, and cost, shall be transmitted to
Congress following Secretarial certification, 30 days (not
including days on which either the House of Representatives or
the Senate is not in session because of an adjournment of more
than three calendar days to a day certain) prior to
implementing ecosystem restoration actions as described under
this paragraph. Such reports shall be required for all
ecosystem projects, (including comprehensive projects that are
composed of several components and are to be completed by
staged implementation) exceeding $20,000 in Federal funds.
Annual ecosystem restoration project summary reports shall be
submitted to Congress through the Secretary highlighting
progress of the project implementation. The reports required to
be submitted under this paragraph shall consider the following
on each project:
(i) A description of ecological monitoring data to
be collected for the restoration projects and how the
data are to be integrated, streamlined, compatible, and
designed to measure overall trends of ecosystem health
in the Bay-Delta watershed.
(ii) Whether the restoration project has integrated
monitoring plans and descriptions of protocols, or bio-
indicators, to be used for gauging cost-effective
performance of the project.
(iii) Whether the proposed project is a part of a
larger, more comprehensive restoration project in a
particular part of the solution area, and if so, how
the proposed project contributes to the larger project.
(iv) A secretarial determination, or strategy, that
utilizes existing Federal land, State land, or other
land acquired for ecosystem restoration, with amounts
provided by the United States or the State, to the
extent that such lands are available within the CALFED
solution area.
(v) A determination of the potential cumulative
impacts, or induced damages of fee title, easement,
and/or lease acquisition of land on local and regional
economies, and adjacent land and landowners; and a
description of how such impacts will be mitigated.
(vi) A description of actions that will be taken to
mitigate any induced damages from the conversion of
agriculture land including the degree to which wildlife
and habitat values will increase due to the land
conversion.
(D) Conditions, if applicable, for projects and activities
under this paragraph are as follows:
(i) A requirement that before obligating or
expending Federal funds to acquire land, the Secretary
shall first determine that existing Federal land, State
land, or other land acquired for ecosystem restoration
with amounts provided by the United States or the
State, to the extent such lands are available, is not
available for that purpose. If no public land is
available the Secretary, prior to any federal
expenditure for private land acquisition, shall--
(I) make an accounting of all habitat types
located on publicly owned land throughout the
solution area;
(II) not convert prime farm land and unique
farm land, to the maximum extent as
practicable, as identified by local, State, or
Federal land use inventories, including the
Natural Resources Conservation Service;
(III) not conflict with existing zoning for
agriculture use; and
(IV) not involve other changes in existing
environment due to location and nature of
converting farmland to non-farmland use.
(ii) A requirement that in determining whether to
acquire private land for ecosystem restoration, the
Secretary shall--
(I) conduct appropriate analysis, including
cost valuation to assure that private land
acquisitions prioritize easements and leases
over acquisition by fee title unless easements
and leases are unavailable or unsuitable for
the stated purposes;
(II) consider the potential cumulative
impacts on the local and regional economies of
transferring the property into government
ownership and--
(aa) describe the actions that will
be taken, to the maximum extent
practicable, to mitigate any induced
damages; and
(bb) determine that the land
acquired will add increasing value to
the purposes of ecosystem restoration;
(III) mitigate any potential induced
damage, to the maximum extent practicable, of
any conversion of agriculture land for
ecosystem restoration due to the implementation
of the CALFED Bay-Delta Program; and
(IV) partner with landowners and local
agencies to develop cooperating landowner
commitments that are likely to meet coequal
objectives of achieving local economic and
social goals and implementing the ecosystem
restoration goals.
(8) 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:
(A) Building local capacity to assess and manage
watersheds affecting the Bay-Delta solution area.
(B) Technical assistance for watershed assessments
and management plans.
(C) Developing and implementing locally-based
watershed conservation, maintenance, and restoration
actions.
(9) 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:
(A) Addressing drainage problems in the San Joaquin
Valley to improve downstream water quality, including
habitat restoration projects that reduce drainage and
improve water quality, provided that--
(i) a plan is in place for monitoring
downstream water quality improvements;
(ii) State and local agencies are consulted
on the activities to be funded; and
(iii) this clause is not intended to create
any right, benefit, or privilege.
(B) Implementing source control programs in the
Bay-Delta watershed.
(C) Developing recommendations through technical
panels and advisory council processes to meet the
CALFED Bay-Delta Program goal of continuous improvement
in water quality for all uses.
(D) Investing in treatment technology demonstration
projects.
(E) Controlling runoff into the California aqueduct
and other similar conveyances.
(F) Addressing water quality problems at the North
Bay Aqueduct.
(G) Studying recirculation of export water to
reduce salinity and improve dissolved oxygen in the San
Joaquin River.
(H) Projects that may meet the Objectives and
Solution Principles of the water quality component of
CALFED Bay-Delta Program.
(I) Development of water quality exchanges and
other programs to make high quality water available to
urban areas.
(J) Development and implementation of a plan to
meet all existing water quality standards for which the
State and Federal water projects have responsibility.
(10) 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:
(A) Assisting local reclamation districts in
reconstructing Delta levees to a base level of
protection not to exceed $20,000,000.
(B) 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.
(C) Developing best management practices to control
and reverse land subsidence on islands in the Bay-Delta
watershed (not to exceed $1,000,000).
(D) Refining the Delta Emergency Management Plan
(not to exceed $1,000,000).
(E) Developing a Delta Risk Management Strategy
after assessing the consequences of failure levees in
the Bay-Delta watershed from floods, seepage,
subsidence, and earthquakes (not to exceed $500,000).
(F) Developing a strategy for reuse of dredged
materials on islands in the Bay-Delta watershed (not to
exceed $1,500,000).
(G) Evaluating and, where appropriate,
rehabilitating the Suisun Marsh levees (not to exceed
$6,000,000).
(H) 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).
(11) Monitoring and analysis.--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:
(A) Establishing and maintaining an independent
technical board, technical panels, and standing boards
to provide oversight and peer review of the CALFED Bay-
Delta Program.
(B) Conducting expert evaluations and scientific
assessments of all CALFED Bay-Delta Program elements.
(C) Coordinating existing monitoring and scientific
research programs.
(D) Developing and implementing adaptive management
experiments to test, refine, and improve technical
understandings.
(E) Establishing performance measures and
monitoring and valuating the performance of all CALFED
Bay-Delta Program elements.
(F) Preparing an annual science report.
(12) 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, in cooperation with the State, for
the following:
(A) CALFED Bay-Delta Program-wide tracking of
schedules, finances, and performance.
(B) Multi-agency oversight and coordination of
CALFED Bay-Delta Program activities to ensure program
balance and integration.
(C) 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.
(D) Coordination of public outreach and
involvement, including tribal, environmental justice,
and public advisory activities under the Federal
Advisory Committee Act.
(E) Development of annual reports.
(13) Diversification of water supplies.--Of the amounts
authorized to be appropriated for fiscal years 2004 through
2007 under this Act, no more than $30,000,000 may be expended
to diversify sources of level 2 refuge supplies and modes of
delivery to refuges and to acquire additional water for level 4
refuge supplies.
(e) Authorized Actions.--The Secretary and the Federal agency heads
are authorized to carry out the activities authorized by this title
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 is likely to assist in implementing the authorized activity
in an efficient, timely, and cost-effective manner.
SEC. 202. MANAGEMENT.
(a) Coordination.--In carrying out the CALFED Bay-Delta Program,
the Federal agencies shall coordinate, to the maximum extent
practicable, 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) Objective Review and Analysis.--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 CALFED Bay-Delta
Program are subjected to credible and objective scientific
review and economic analysis; and
(2) major decisions are based upon the best available
scientific information.
(d) Agencies' Discretion.--This Act shall not affect the discretion
of any of the Federal agencies or the State agencies or the authority
granted to any of the Federal agencies or State agencies by any other
Federal or State law.
(e) Status Reports.--The Secretary shall report, quarterly to the
Congressional Committees, on the progress in achieving the water supply
targets as described in Section 2.2.4 of the Record of Decision, the
environmental water account requirements as described in Section 2.2.7,
and the water quality targets as described in Section 2.2.9, and any
pending actions that may affect the ability of the CALFED Bay-Delta
Program to achieve those targets and requirements.
SEC. 203. IMPLEMENTATION SCHEDULE REPORT.
(a) The Secretary, in cooperation with the Governor, shall submit a
report of the CALFED Bay-Delta Program not later than 90 days after the
date of the enactment of this Act and December 15 of each year
thereafter to the appropriate authorizing and appropriating Committees
of the Senate and the House of Representatives that describes the
status and projected implementation schedule of all components through
fiscal year 2008 of the CALFED Bay-Delta Program. The Report shall
contain the following:
(1) Statement of balance.--The report shall identify the
progress in each of the categories listed in paragraph (2). The
Secretary, in cooperation with the Governor, shall prepare and
certify a statement of whether the program is in balance taking
into consideration the following:
(A) The status of all actions, including goals,
schedules, and financing agreements and funding
commitments.
(B) Progress on storage projects, including yield,
conveyance improvements, levee improvements, water
quality projects, and water use efficiency programs and
reasons for any delays.
(C) Completion of key projects and milestones
identified in the Ecosystem Restoration Program.
(D) Development and implementation of local
programs for watershed conservation and restoration.
(E) Progress in improving water supply reliability
and implementing the Environmental Water Account.
(F) Achievement of commitments under State and
Federal endangered species laws.
(G) Implementation of a comprehensive science
program.
(H) Progress toward acquisition of the State and
Federal permits, including permits issued under section
404(a) of the Clean Water Act, for implementation of
projects in all identified program areas.
(I) Progress in achieving benefits in all
geographic regions covered by the CALFED Bay-Delta
Program.
(J) Status of actions that compliment the Record of
Decision.
(K) Status of mitigation measures addressed under
section 201(d)(7).
(L) Revisions to funding commitments and CALFED
Bay-Delta Program responsibilities.
(2) Accomplishments in the past fiscal year and year-to-
date in achieving the objectives of--
(A) additional and improved water storage;
including supply and yield;
(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.
(3) Revised schedule.--If the report and statement of
balance under subsection (a) concludes that the CALFED Bay-
Delta Program is not progressing in a balanced manner so that
no certification of balanced implementation can be made, the
Secretary, in consultation with the Governor, shall prepare a
revised schedule to ensure that the CALFED Bay-Delta Program is
likely to progress in a balanced manner consistent with the
objectives and solution principles of the Record of Decision
and in consideration of subsections (a) and (b) of this
section. This revised schedule shall be subject to approval by
the Secretary, in consultation by the Governor, and upon such
approval shall be submitted to the appropriate authorizing and
appropriating Committees of the Senate and the House of
Representatives.
(b) Crosscut Budget and Authorization of Appropriations.--
(1) Crosscut budget.--The President's Budget shall include
the appropriate departmental and agency authorities, and
request for the 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. No later than 30 days after
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 an updated interagency
budget crosscut report, as required under Public Law 108-7.
(2) Financial summary.--As part of the crosscut budget
submission, a financial report certified by the Secretary, and
the Office of Management and Budget, containing a detailed
accounting of current year, budget year and 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 through fiscal year 2008 the Federal
portion of funds authorized under this title, and a list of all
projects to be undertaken in the upcoming fiscal year with the
Federal portion of funds authorized under this title.
SEC. 204. 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
programs and activities under this title for fiscal years 2004 through
2007, in accordance with the provisions of this title. The funds shall
remain available without fiscal year limitation.
SEC. 205. FEDERAL SHARE OF COSTS.
(a) In General.--The Federal share of the cost of implementing of
the CALFED Bay-Delta Program as set forth in the Record of Decision
shall not exceed 33.3 percent.
(b) CALFED Bay-Delta Program Beneficiaries.--
(1) In general.--The Secretary shall ensure that all
beneficiaries, including the environment, shall pay for
benefits received from all projects or activities carried out
under the CALFED Bay-Delta Program. This requirement shall not
be limited to storage and conveyance projects and shall be
implemented so as to encourage integrated resource planning.
SEC. 206. USE OF EXISTING AUTHORITIES AND FUNDS.
(a) Generally.--The heads of the Federal agencies shall use the
authority under the alternative Acts identified by the Secretary to
carry out the purposes of this title. Funds available under the
alternative Acts shall be used before other funds made available under
this title for the same activities.
(b) Use of Funds.--In addition to funds authorized and appropriated
for section 201(d)(1) or section 201(d)(2), the Secretary, in
consultation with the heads of the Federal agencies, may use money
appropriated for any activity authorized under this title for any
activity authorized under section 201(d)(1) or section 201(d)(2) if the
Secretary, in consultation with the heads of the Federal agencies,
determines that the funds appropriated for the other activity cannot be
used for that other activity. This section shall be construed to apply
to funds appropriated after the date of the enactment of this Act
unless the Act appropriating the funds specifically and explicitly
states that this section shall not apply to those funds.
(c) Use of Unexpended Budget Authority.--The Secretary is
authorized to utilize all unexpended budget authority under this title
for any activity authorized under section 201(d)(1) or section
201(d)(2).
(d) Report.--Not later than 60 days after the date of the enactment
of this Act and annual thereafter, the Secretary, in consultation with
the heads of the Federal agencies, shall transmit to Congress a report
that describes the following:
(1) A list of all existing authorities, including the
authorities listed in subsection (a), under which the Secretary
or the heads of the Federal agencies may carry out the purposes
of this Act.
(2) A list funds authorized in the previous fiscal year for
the authorities listed under paragraph (1).
(3) A list of the projects carried out with the funds
listed in paragraph (2) and the amount of funds obligated and
expended for each project.
SEC. 207. COMPLIANCE WITH STATE AND FEDERAL LAW.
Nothing in this Act--
(1) invalidates of 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,
whether determined by past or future interstate compacts or
final judicial allocations;
(3) preempts or modifies any State or Federal law or
interstate compact governing water quality or disposal; or
(4) confers on any non-federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
TITLE III--SALTON SEA
SEC. 301. FUNDING TO ADDRESS SALTON SEA.
There is authorized to be appropriated to the Secretary
$300,000,000 for activities to address issues surrounding the Salton
Sea.
TITLE IV--ESTABLISHMENT OF CENTRALIZED REGULATORY OFFICE
SEC. 401. ESTABLISHMENT OF OFFICE.
The Secretary shall establish an office, in Sacramento California,
and may establish other offices in the capitol of any Reclamation State
requesting such an office, for projects within their State, for the use
of all Federal agencies and State agencies that are likely to be
involved in issuing permits and conducting environmental reviews for
water supply, water supply capital improvement projects, levee
maintenance, and delivery systems in California or any Reclamation
State requesting such an office.
SEC. 402. ACCEPTANCE AND EXPENDITURE OF CONTRIBUTIONS.
(a) In General.--The Secretary may accept and expend funds
contributed by non-Federal public entities to expedite the
consideration of permits and the conducting of environmental reviews
for all projects described in section 401 and to offset the Federal
costs of processing such permits and conducting such reviews. The
Secretary shall allocate funds received under this section among
Federal agencies in accordance with the costs such agencies incur in
processing such permits and conducting such reviews. The allocated
funds shall be for reimbursements of such costs.
(b) Protection of Impartial Decisionmaking.--In carrying out this
section, the Secretary and the heads Federal agencies receiving funds
under this section shall ensure that the use of the funds accepted
under this section will not impact impartial decisionmaking with
respect to the issuance of permits or conducting of environmental
reviews, either substantively or procedurally, or diminish, modify, or
otherwise affect the statutory or regulatory authorities of such
agencies.
TITLE V--RURAL WATER SUPPLY PROGRAM
SEC. 501. RURAL WATER SUPPLY PROGRAM.
(a) In General.--The Secretary is authorized to establish a program
to plan, design, and construct rural water systems in coordination with
other Federal agencies with rural water programs, and in cooperation
with non-Federal project entities.
(b) Requirements.--Provisions to be included in the establishment
of a rural water system shall include the following:
(1) Appraisal investigations.
(2) Feasibility studies.
(3) Environmental reports.
(4) Cost sharing responsibilities.
(5) Responsibility for operation and maintenance.
(6) Prohibition for funding for irrigation.
(c) Criteria.--The Secretary is authorized to develop criteria for
determining which projects are eligible for participation in the
program established under this section.
(d) Reports to Congress.--The Secretary shall submit to Congress
the program developed under this section.
(e) Reclamation States.--The program established by this section
shall be limited to Reclamation States.
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