Text: H.R.2828 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-361 (10/25/2004)

 
[108th Congress Public Law 361]
[From the U.S. Government Printing Office]


[DOCID: f:publ361.108]

[[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

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