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                                                       Calendar No. 523
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-268
======================================================================


 
                   CALFED BAY-DELTA AUTHORIZATION ACT

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1097]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1097) to authorize the Secretary of the 
Interior to implement the Calfed Bay-Delta Program, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

  In this Act:
          (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 and the California Bay-Delta Authority Act 
        (Cal. Water Code Sec. 79400 et seq.).
          (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) Environmental water account.--The term ``Environmental 
        Water Account'' means the Cooperative Management Program 
        established under the Record of Decision to provide water, in 
        addition to the quantity of the regulatory baseline, to protect 
        and restore Delta fisheries.
          (4) 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.
          (5) Governor.--The term ``Governor'' means the Governor of 
        the State of California.
          (6) Record of decision.--The term ``Record of Decision'' 
        means the Calfed Bay-Delta Program Record of Decision, dated 
        August 28, 2000.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (8) State.--The term ``State'' means the State of California.
          (9) 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.

SEC. 3. BAY DELTA PROGRAM.

  (a) In General.--
          (1) Record of decision as framework.--The Record of Decision 
        is approved as a framework for addressing the Calfed Bay-Delta 
        Program, including its components relating to water storage, 
        ecosystem restoration, water supply reliability, conveyance, 
        water use efficiency, water quality, water transfers, 
        watersheds, the Environmental Water Account, levee stability, 
        governance, and science.
          (2) Requirements.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out the activities described 
        in subsection (b) subject to--
                  (A) the constraints of the Record of Decision; and
                  (B) the requirements that Program activities 
                consisting of protecting drinking water quality, 
                restoring ecological health, improving water supply 
                reliability (including additional storage and 
                conveyance), and protecting Delta levees will progress 
                in a balanced manner.
  (b) Authorized Activities.--
          (1) In general.--The Secretary and the heads of the Federal 
        agencies are authorized to carry out the activities described 
        in paragraphs (2) through (5) 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 Act, if the 
        activity has been--
                  (A) subject to environmental review and approval, as 
                required under applicable Federal and State law; and
                  (B) approved and certified by the relevant Federal 
                agency, following consultation and coordination with 
                the California Bay-Delta Authority, to be consistent 
                with the Record of Decision.
          (2) Authorizations for federal agencies under applicable 
        law.--
                  (A) Secretary of the interior.--The Secretary of the 
                Interior is authorized to carry out the activities 
                described in subparagraphs (A) through (J) of paragraph 
                (3), 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.
                  (B) Administrator of the environmental protection 
                agency.--The Administrator of the Environmental 
                Protection Agency is authorized to carry out the 
                activities described in subparagraphs (C), (E), (F), 
                (G), (H), and (I) of paragraph (3), 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.
                  (C) Secretary of the army.--The Secretary of the Army 
                is authorized to carry out the activities described in 
                subparagraphs (A), (B), (F), (G), (H), and (I) of 
                paragraph (3), to the extent authorized under flood 
                control, water resource development, and other 
                applicable law.
                  (D) Secretary of commerce.--The Secretary of Commerce 
                is authorized to carry out the activities described in 
                subparagraphs (B), (F), (G), and (I) of paragraph (3), 
                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.
                  (E) Secretary of agriculture.--The Secretary of 
                Agriculture is authorized to carry out the activities 
                described in subparagraphs (C), (E), (F), (G), (H), and 
                (I) of paragraph (3), 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.
          (3) Description of activities under applicable law.--
                  (A) Water storage.--Activities under this 
                subparagraph 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) Conveyance.--
                          (i) South delta actions.--In the case of the 
                        South Delta, activities under this clause 
                        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;
                                          (cc) design and construct 
                                        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) 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 temporary barriers; and
                                  (VI) actions identified in subclause 
                                (I) or other actions necessary to 
                                offset the degradation of drinking 
                                water quality or adverse impacts to 
                                fishery protection in the Delta due to 
                                the South Delta Improvements Program.
                          (ii) North delta actions.--In the case of the 
                        North Delta, activities under this clause 
                        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
                                  (III) design and construction of 
                                lower Mokelumne River floodway 
                                improvements.
                          (iii) Interties.--Activities under this 
                        clause 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; 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.
                  (C) Water use efficiency.--Activities under this 
                subparagraph consist of--
                          (i) water conservation projects that provide 
                        water supply reliability, water quality, and 
                        ecosystem benefits to the Bay-Delta system;
                          (ii) technical assistance for urban and 
                        agricultural water conservation projects;
                          (iii) water recycling and desalination 
                        projects, including 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;
                          (iv) water measurement and transfer actions; 
                        and
                          (v) certification of implementation of best 
                        management practices for urban water 
                        conservation.
                  (D) Water transfers.--Activities under this 
                subparagraph consist of--
                          (i) increasing the availability of existing 
                        facilities for water transfers;
                          (ii) lowering transaction costs through 
                        permit streamlining; and
                          (iii) maintaining a water transfer 
                        information clearinghouse.
                  (E) Integrated regional water management plans.--
                Activities under this subparagraph consist of assisting 
                local and 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.
                  (F) Ecosystem restoration.--Activities under this 
                subparagraph 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;
                          (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 
                        reduce salinity, selenium, mercury, pesticides, 
                        trace metals, dissolved oxygen, turbidity, 
                        sediment, and other pollutants;
                          (viii) land and water acquisitions to improve 
                        habitat and fish spawning and survival in the 
                        Delta and its tributaries;
                          (ix) integrated flood management, ecosystem 
                        restoration, and levee protection projects;
                          (x) scientific evaluations and targeted 
                        research on Program activities; and
                          (xi) strategic planning and tracking of 
                        Program performance.
                  (G) Watersheds.--Activities under this subparagraph 
                consist of--
                          (i) building local capacity to assess and 
                        manage watersheds affecting the Calfed Bay-
                        Delta system;
                          (ii) technical assistance for watershed 
                        assessments and management plans; and
                          (iii) developing and implementing locally-
                        based watershed conservation, maintenance, and 
                        restoration actions.
                  (H) Water quality.--Activities under this 
                subparagraph consist of--
                          (i) addressing drainage problems in the San 
                        Joaquin Valley to improve downstream water 
                        quality (including habitat restoration projects 
                        that reduce drainage and 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 clause;
                          (ii) implementation of source control 
                        programs in the Delta and its tributaries;
                          (iii) 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;
                          (iv) investing in treatment technology 
                        demonstration projects;
                          (v) controlling runoff into the California 
                        aqueduct, the Delta-Mendota Canal, and other 
                        similar conveyances;
                          (vi) addressing water quality problems at the 
                        North Bay Aqueduct;
                          (vii) supporting and participating in the 
                        development of projects to enable San Francisco 
                        Bay Area water districts to work cooperatively 
                        to address their water quality and supply 
                        reliability issues, including--
                                  (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 clause;
                          (viii) development of water quality exchanges 
                        and other programs to make high quality water 
                        available for urban and other users; and
                          (ix) development and implementation of a plan 
                        to meet all water quality standards for which 
                        the Federal and State water projects have 
                        responsibility.
                  (I) Science.--Activities under this subparagraph 
                consist of--
                          (i) establishing and maintaining an 
                        independent science board, technical panels, 
                        and standing boards to provide oversight and 
                        peer review of the Program;
                          (ii) conducting expert evaluations and 
                        scientific assessments of all Program elements;
                          (iii) coordinating existing monitoring and 
                        scientific research programs;
                          (iv) developing and implementing adaptive 
                        management experiments to test, refine, and 
                        improve scientific understandings;
                          (v) establishing performance measures, and 
                        monitoring and evaluating the performance of 
                        all Program elements; and
                          (vi) preparing an annual science report.
                  (J) Diversification of water supplies.--Activities 
                under this subparagraph consist of actions to--
                          (i) diversify sources of level 2 refuge 
                        supplies and modes of delivery to refuges; and
                          (ii) acquire additional water for level 4 
                        refuge supplies.
          (4) New and expanded authorizations for federal agencies.--
                  (A) In general.--The heads of the Federal agencies 
                described in this paragraph are authorized to carry out 
                the activities described in paragraph (5) during each 
                of fiscal years 2005 through 2010, in coordination with 
                the Bay-Delta Authority.
                  (B) Secretary of the interior.--The Secretary of the 
                Interior is authorized to carry out the activities 
                described in subparagraphs (A) , (B), and (D) of 
                paragraph (5).
                  (C) 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 paragraph (5)(D).
                  (D) Secretary of the army.--The Secretary of the Army 
                is authorized to carry out the activities described in 
                subparagraph (C) and (D) of paragraph (5).
          (5) Description of activities under new and expanded 
        authorizations.--
                  (A) Conveyance.--Of the amounts authorized to be 
                appropriated under section 8, not more than 
                $184,000,000 may be expended for--
                          (i) feasibility studies, evaluation, and 
                        implementation of the San Luis Reservoir 
                        lowpoint improvement project, except that 
                        Federal participation in any expansion of the 
                        Pacheco Reservoir shall be subject to future 
                        congressional authorization;
                          (ii) feasibility studies and actions at 
                        Franks Tract to improve water quality in the 
                        Delta;
                          (iii) feasibility studies and design of fish 
                        screen and intake facilities at Clifton Court 
                        Forebay and the Tracy Pumping Plant facilities; 
                        and
                          (iv) feasibility studies to investigate the 
                        recirculation of export water to reduce 
                        salinity and improve dissolved oxygen in the 
                        San Joaquin River.
                  (B) Environmental water account.--Of the amounts 
                authorized to be appropriated under section 8, not more 
                than $90,000,000 may be expended for implementation of 
                the Environmental Water Account.
                  (C) Levee stability.--Of the amounts authorized to be 
                appropriated under section 8, not more than $90,000,000 
                may be expended for--
                          (i) reconstructing Delta levees to a base 
                        level of protection;
                          (ii) enhancing the stability of levees that 
                        have particular importance in the system 
                        through the Delta Levee Special Improvement 
                        Projects program;
                          (iii) developing best management practices to 
                        control and reverse land subsidence on Delta 
                        islands;
                          (iv) refining the Delta Emergency Plan;
                          (v) developing a Delta Risk Management 
                        Strategy after assessing the consequences of 
                        Delta levee failure from floods, seepage, 
                        subsidence, and earthquakes;
                          (vi) developing a strategy for reuse of 
                        dredged materials on Delta islands;
                          (vii) evaluating, and where appropriate, 
                        rehabilitating the Suisun Marsh levees; and
                          (viii) integrated flood management, ecosystem 
                        restoration, and levee protection projects, 
                        including design and construction of lower San 
                        Joaquin River and lower Mokelumne River 
                        floodway improvements and other projects under 
                        the Sacramento-San Joaquin Comprehensive Study.
                  (D) Program management, oversight, and 
                coordination.--
                          (i) In general.--Of the amounts authorized to 
                        be appropriated under section 8, 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;
                                  (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.
                          (ii) Program-wide activities.--Of the amount 
                        referred to in clause (i), 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. 4. MANAGEMENT.

  (a) Coordination.--In carrying out the Calfed Bay-Delta Program, the 
Federal agencies shall coordinate their activities with the State 
agencies.
  (b) Public Participation.--In carrying out the Calfed Bay-Delta 
Program, the Federal agencies shall cooperate with local and tribal 
governments and the public through 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 
implementation.
  (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.).
                  (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. 5. REPORTING REQUIREMENTS.

  (a) Report.--
          (1) In general.--Not later than February 15 of each year, the 
        Secretary, in cooperation with the Governor and the California 
        Bay-Delta Authority, 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); and
                  (C) includes any revised schedule prepared under 
                subsection (b).
          (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;
                          (iii) water use efficiency;
                          (iv) ecosystem restoration;
                          (v) watershed management;
                          (vi) levee system integrity;
                          (vii) water transfers;
                          (viii) water conveyance; and
                          (ix) water supply reliability;
                  (E) Program goals, current schedules, and relevant 
                financing agreements;
                  (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;
                  (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 the issues of--
                          (i) water transfers;
                          (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) In general.--Not later than November 15 of each year, the 
        Secretary, in cooperation with the Governor and the Calfed Bay-
        Delta Authority, shall review progress in implementing the 
        Calfed Bay-Delta Program based on--
                  (A) consistency with the Record of Decision; and
                  (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, the Governor, or the Calfed Bay-Delta Authority 
        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, the Governor, and the 
        Calfed Bay-Delta Authority, 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 Act shall include identification of project benefits and 
a cost allocation plan consistent with the beneficiaries pay provisions 
of the Record of Decision.

SEC. 6. CROSSCUT BUDGET.

  (a) In General.--The budget of the President shall include requests 
for the appropriate level of funding for each of the Federal agencies 
to carry out the responsibilities of the Federal agency 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 paragraphs (2) through 
(5) of section 3(b).
  (c) Report.-- At the time of submission of the budget of the 
President to Congress, the Director of the Office of Management and 
Budget, in coordination with the Authority, 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 intraagency transfer, for each of the 
                Federal agencies to carry out the Calfed Bay-Delta 
                Program for the upcoming fiscal year, separately 
                showing funding requested under both pre-existing 
                authorities and under the new authorities granted by 
                this Act; and
                  (B) identifies all expenditures since 2000 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 section 3(b); and
          (4) a listing of all projects to be undertaken in the 
        upcoming fiscal year with the Federal portion of funds for 
        activities under section 3(b).

SEC. 7. FEDERAL SHARE OF COSTS.

  The Federal share of the cost of implementing the Calfed Bay-Delta 
Program for fiscal years 2005 through 2010 in the aggregate, as set 
forth in the Record of Decision, shall not exceed 33.3 percent.

SEC. 8. 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 paragraphs 
(4) and (5) of section 3(b) $389,000,000 for the period of fiscal years 
2005 through 2010, to remain available until expended.

                                PURPOSE

    The purpose of S. 1097, as ordered reported, is to 
authorize the Secretary of the Interior, and other Federal 
agency heads, to implement the Calfed Bay-Delta Program during 
fiscal years 2005 through 2010.

                          BACKGROUND AND NEED

    The Bay-Delta is the region east of San Francisco Bay, 
where the Sacramento and San Joaquin Rivers converge. It 
supplies drinking water to over two-thirds of the people of 
California and irrigation water for over 7 million acres of 
highly productive agricultural land. The Bay-Delta is the 
largest estuary on the west coast, and supports over 750 plant 
and animal species. It is also the hub of two massive water 
projects, the Central Valley Project (``CVP''), operated by the 
U.S. Bureau of Reclamation, and the State Water Project 
(``SWP''), operated by the California Department of Water 
Resources. These two projects divert some 20 to 70 percent of 
the natural flows in the region, depending on water conditions. 
The Bay-Delta also marks the boundary between northern 
California, where most of the State's water supply originates, 
and southern California, where most of the population and 
consumptive demand exists. On average, in normal water years, 
over 5 million acre feet of water is exported south of the 
Delta by the two projects.
    The Bay-Delta is in decline due to decades of competing 
demands for its limited water resources. The area has 
experienced serious problems relating to water quality and fish 
and wildlife, raising compliance issues under both the Clean 
Water Act and the Endangered Species Act. Water supply 
reliability for urban and agricultural users is a difficult and 
challenging issue that has significant ramifications for the 
economy of the State.
    The State and Federal governments entered into a 
Coordinated Operation Agreement (``COA'') in 1986 in order to 
coordinate operations of the CVP and the SWP. The COA received 
Congressional approval in 1986 (Public Law 99-546). Subsequent 
to enactment of the Central Valley Project Improvement Act 
(Public Law 102-575, Title XXXIV) in 1992, and in large part as 
a result of issues related to water quality and fisheries 
impacts, State and Federal agencies signed an agreement in June 
1994 to address these issues and to seek a long-term solution 
to the problems of the Bay-Delta.
    In December 1994, State and Federal officials and 
representatives of agricultural, urban and environmental 
stakeholders signed what is known as the Bay-Delta Accord 
(``Principles for Agreement on Bay-Delta Standards between the 
State of California and the Federal Government''), which 
provided interim measures for ecosystem restoration and 
regulatory stability. The Calfed Program, a cooperative 
interagency effort, commenced in 1995, with agencies relying on 
existing statutory authorizations to undertake Program 
activities.
    The stated mission of the Calfed Bay-Delta Program ``is to 
develop and implement a long-term comprehensive plan that will 
restore ecological health and improve water management for 
beneficial uses of the Bay-Delta'' (``Calfed Bay-Delta Program 
Annual Report 2003''). Federal agency participants in the 
Calfed Bay-Delta Program are: the Department of the Interior 
(including the Bureau of Reclamation, the Fish and Wildlife 
Service, the Bureau of Land Management, and the U.S. Geological 
Survey); the Environmental Protection Agency; the Army Corps of 
Engineers; the Department of Commerce (including the National 
Marine Fisheries Service, also known as ``NOAA Fisheries''); 
the Department of Agriculture (including the Natural Resources 
Conservation Service and the Forest Service); and the Western 
Area Power Administration. Participating State agencies are: 
the Resources Agency of California (including the Department of 
Water Resources, the Department of Fish and Game, the 
Reclamation Board, the Delta Protection Commission, the 
Department of Conservation, the San Francisco Bay Conservation 
and Development Commission, the Department of Parks and 
Recreation, and the California Bay-Delta Authority); the 
California Environmental Protection Agency (including the State 
Water Resources Control Board); the California Department of 
Food and Agriculture; and the Department of Health Services.
    Stakeholders, including representatives of agricultural, 
urban, environmental, fishery, and business interests, and 
Indian tribes and rural counties, all participate in the 
collaborative effort. Input is provided through the California 
Bay-Delta Public Advisory Committee, established pursuant to 
the Federal Advisory Committee Act.
    The California Bay-Delta Environmental Enhancement and 
Water Security Act (Division E, Title 1, Public Law 104-208; 
Title XI, Public Law 104-333) was enacted in late 1996. The 
legislation authorized a total of $430 million for fiscal years 
1998 through 2000 for the Federal share of the costs of 
developing and implementing certain ecosystem restoration 
measures relating to the Calfed effort. Funds were appropriated 
under this authority in the amounts of $85 million in fiscal 
year 1998; $75 million in fiscal year 1999; and $60 million in 
fiscal year 2000. Subsequent to the expiration of this 
authority, no funds were appropriated for the Calfed Bay-Delta 
Program in fiscal year 2001. However, funds were appropriated 
for the Calfed Program under existing authorities in the 
amounts of $30 million in fiscal year 2002; $15 million in 
fiscal year 2003; and $9 million in fiscal year 2004.
    In order to develop a long-term program, Calfed undertook 
an extensive planning effort. This resulted in a June 1999 
Draft Programmatic Environmental Impact Statement/Environmental 
Impact Report (``EIS/EIR'') and a July 2000 Final Programmatic 
EIS/EIR. The planning effort was based on a collaborative 
process, with active stakeholder participation. On June 9, 
2000, a framework agreement entitled ``California's Water 
Future: A Framework for Action,'' was released. On August 28, 
2000, the Federal and State agencies released the Record of 
Decision (``ROD''), setting forth a programmatic, 30-year, 
long-term plan for the Bay-Delta.
    The ROD selects a preferred program alternative for the 
Bay-Delta Program, setting forth the long-term, overall 
direction of the Program. The ROD provides that the Calfed Bay-
Delta Program continue as a Federal-State partnership in order 
to build a framework for managing water in California. 
According to the ROD, the objectives of the long-term program 
for restoration and management of the Bay-Delta estuary are 
four-fold: to restore the ecological health of a fragile and 
depleted Bay-Delta estuary; improve the water supply 
reliability for the State's farms and cities that draw water 
from the Delta and its tributaries, including 7 million acres 
of the world's most productive farmland; protect the drinking 
water quality of the 22 million Californians who rely on the 
Delta for their drinking water supplies; and protect the Delta 
levees that ensure the integrity of the Delta as a conveyance 
and ecosystem.
    Under the ROD, the Program has the following components: 
water storage; ecosystem restoration; water supply reliability; 
conveyance; water use efficiency; water quality; water 
transfers; watersheds; Environmental Water Account; levee 
stability; governance; and science. The ROD describes the 
Calfed Bay-Delta Program as one of the most extensive ecosystem 
restoration efforts ever proposed, the most intensive water 
conservation effort ever attempted, the most far-reaching 
effort to improve drinking water quality for Californians, and 
the most significant investment in water storage and conveyance 
in California in decades.
    In 2002, California enacted legislation (Cal. Water Code 
Sec. 79400 et seq.) creating the California Bay-Delta 
Authority, an agency established to oversee implementation of 
the Calfed Bay-Delta Program. It is comprised of 
representatives of six State agencies, six Federal agencies, 
five members of the public, one representative of the Bay-Delta 
Public Advisory Committee, two at-large members appointed by 
the California Legislature, and four non-voting members of the 
Legislature. The Authority is intended to provide 
accountability, ensure balanced implementation, provide program 
monitoring and assessment, ensure the use of sound science, 
ensure public involvement and outreach, and coordinate and 
integrate existing and future government programs. Currently, 
Federal representatives attend the Authority meetings but do 
not vote. Authorization for the Authority sunsets on January 1, 
2006, unless Federal legislation is passed authorizing Federal 
participation.

                          LEGISLATIVE HISTORY

    S. 1097 was introduced by Senator Feinstein on May 21, 
2003. Senator Boxer is an original co-sponsor. The Subcommittee 
on Water and Power held a hearing on S. 1097 on October 30, 
2003. At its business meeting on April 28, 2004, the Committee 
ordered S. 1097 favorably reported with an amendment in the 
nature of a substitute.
    A similar measure, S. 1768, was introduced by Senator 
Feinstein in the 107th Congress. The Committee favorably 
reported the measure, with an amendment in the nature of a 
substitute, on June 26, 2002, but the Senate took no further 
action on the measure.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on April 28, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1097, if amended as described herein.

                          COMMITTEE AMENDMENT

    The amendment in the nature of a substitute makes the 
following changes to S. 1097 as introduced:
          1. Authorizes the Calfed Bay-Delta Program for six 
        years as opposed to three years;
          2. Reduces the overall authorization from $880 
        million to $389 million;
          3. Limits the Federal share to no more than 33.3 
        percent of cumulative Program costs from Fiscal Years 
        2005 through 2010;
          4. Lists specific activities to be undertaken by the 
        Secretary and other Federal agency heads to the extent 
        authorized by existing law, subject to the provisions 
        of this Act, environmental review and approval, and 
        consistency with the ROD;
          5. Provides new authority for the Secretary and other 
        Federal agency heads to undertake additional specific 
        activities, subject to the provisions of this Act, 
        environmental review and approval, and consistency with 
        the ROD, relating to conveyance, the Environmental 
        Water Account, levee stability, and Program management, 
        oversight, and coordination;
          6. Authorizes the Federal agencies to participate as 
        non-voting members of the California Bay-Delta 
        Authority, as opposed to directing the Federal agencies 
        to participate as voting members;
          7. Adds a provision directing the Secretary, the 
        Governor, and the Calfed Bay-Delta Authority to prepare 
        a revised schedule to achieve balanced progress in 
        implementing the Calfed Program if it is determined, in 
        writing, that the Program is not proceeding in a 
        balanced fashion;
          8. Provides that Federal funds appropriated by 
        Congress specifically for the Calfed Bay-Delta Program 
        may be used to acquire fee title to lands only where 
        consistent with the ROD which requires purchases from 
        willing sellers only when neither public land nor 
        partnerships are appropriate or cost effective for the 
        specific need;
          9. Deletes certain language relating to construction 
        contracts;
          10. Directs use of Advisory Committee established in 
        accordance with the Federal Advisory Committee Act;
          11. Streamlines reporting requirements; and
          12. Makes technical and conforming changes.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title.
    Section 2 defines terms used in the Act.
    Section 3(a)(1) approves the August 28, 2000 CalFed Bay-
Delta Program ROD as a ``framework'' for addressing the 
Program. The Committee notes that approving the ROD as a 
``framework'' in no way codifies the ROD, but rather signals 
the Committee's approval of the ROD as a roadmap for the 
Program. That is, the Committee is not providing blanket 
authorization of all the actions enumerated in the ROD. 
Instead, only those actions in the ROD that are authorized by 
this, or other law, may be undertaken by the Federal agencies. 
Section 3(b) of the bill addresses specific actions to be 
undertaken during fiscal years 2005 through 2010. Pursuant to 
section 3(b)(1), these activities enumerated in section 3(b) 
can be undertaken as part of the Calfed Bay-Delta Program only 
if certified to be ``consistent with'' the ROD.
    Subsection (a)(2) makes the actions of the Secretary and 
the heads of the Federal agencies subject to the 
``constraints'' of the ROD. That term refers to the 
Implementation Commitments set forth on pages 32 through 35 of 
the ROD. These include commitments relating to stakeholder 
consultation, tribal consultation, land acquisition, adaptive 
management and science, beneficiaries pay, and compliance with 
California water rights laws. This subsection further makes the 
actions of the Secretary and the heads of the Federal agencies 
subject to the requirement that Program activities progress in 
a balanced manner.
    Subsection (b)(1) authorizes the Secretary and the heads of 
the Federal agencies to carry out the activities described in 
the subsection subject to the provisions of the Act if the 
activity has been subject to environmental review and approval 
as required under applicable Federal and State law and has been 
approved and certified by the relevant Federal agency to be 
consistent with the ROD. In making this consistency 
determination, the relevant Federal agency shall consult and 
coordinate with the California Bay-Delta Authority.
    Subsection 3(b)(2) authorizes the Secretary of the Interior 
and the other Federal agency heads to carry out activities as 
described to the extent authorized under applicable law. At the 
October 30, 2003 hearing on S. 1097 conducted by the Energy 
Committee's Subcommittee on Water and Power, the Department of 
the Interior testified that the ``Federal agencies have been 
able to rely on over fifty existing authorities (passed by 
Congress) that continue to enable Federal agency 
participation.'' In support of this statement, the Department 
submitted for the record a detailed matrix of those existing 
authorities. See Appendix I. In enacting this legislation, the 
Committee expects that the Federal agencies will fully use 
these or any other authorities, in effect on the date of 
enactment or as they may be amended or enacted subsequent 
thereto, to carry out the activities identified in this 
legislation.
    Subsection (b)(3) sets forth a description of activities 
under applicable law. The Committee recognizes that the 
activities listed in subsection (b)(3) are already authorized. 
Nevertheless, subsection (b)(3) specifies activities that the 
Committee expects will be undertaken by the Federal agencies 
under existing authorities (as they may be modified or amended) 
as part of the Calfed Bay-Delta Program during the period 2005 
through 2010. This listing of activities is intended to reflect 
the balanced progress required of the Calfed Program. The 
inclusion of sections 3(b)(2) and 3(b)(3) is not intended to 
preempt or otherwise affect the existing authorities and 
ongoing responsibilities of the Federal agencies. The Committee 
understands that the activities to increase the State Water 
Project export to the maximum capability of 10,300 cfs, as set 
forth in subsection (b)(3)(B)(i)(I)(dd), are limited to 
technical assistance. (Further authority is needed for 
feasibility studies and construction.) Also, recycling and 
desalination activities identified in subsection (b)(3)(C)(iii) 
may be undertaken by the Administrator of the Environmental 
Protection Agency under the Clean Water Act and related 
existing authorities. In addition, to the extent authorized by 
Congress, the Secretary may carry out these recycling and 
desalination activities. The Committee anticipates that both 
the Secretary and the Administrator will work with local 
districts and make full use of their authorities to undertake 
recycling projects, giving priority to projects that include 
regional solutions to benefit regional water supply and 
reliability needs.
    Subsection (b)(4) authorizes the heads of the Federal 
agencies to carry out during fiscal years 2005 through 2010 the 
activities described.
    Subsection (b)(5) sets forth a description of the new and 
expanded authorizations for Federal agencies relating to 
conveyance, the Environmental Water Account, levee stability, 
and Program management, oversight, and coordination for fiscal 
years 2005 through 2010 and sets authorization limits under 
each of the listed areas.
    Section 4 (a) requires the Federal agencies to coordinate 
with the State agencies in carrying out the Calfed Bay-Delta 
Program.
    Subsection (b) requires the Federal agencies to cooperate 
with local and tribal governments and the public in carrying 
out the Program through an advisory committee.
    Subsection (c) requires the Secretary to seek to ensure to 
the maximum extent practicable that all major aspects of 
implementing the Calfed Bay-Delta Program are subjected to 
credible and objective scientific review and that major 
decisions are based on the best available scientific 
information.
    Subsection (d) authorizes the Secretary and the Federal 
agency heads to participate as non-voting members of the 
California Bay-Delta Authority. The Committee expects and 
encourages the Federal agencies to participate fully as non-
voting members of the Authority by regularly attending meetings 
and working collaboratively with the State on matters coming 
before the Authority. Subsection (d) contains additional 
provisions that are self-explanatory.
    Subsection (e) provides that the Federal and State agencies 
should continue to collaborate to develop a comprehensive 
environmental justice workplan for the Calfed Bay-Delta Program 
and fulfill the commitment to addressing environmental justice 
challenges referred to in the Calfed Bay-Delta Program 
Environmental Justice Workplan dated December 13, 2000.
    Subsection (f) provides that Federal funds appropriated by 
Congress for implementation of the Calfed Bay-Delta Program may 
be used to acquire fee title to land only where consistent with 
the ROD. The ROD acknowledges that ``[s]ome of the land needed 
for program implementation is already owned by the Federal or 
State government and that land will be used to achieve program 
goals.'' The ROD also emphasizes the pursuit of partnerships 
with landowners, including easements with willing landowners, 
if public land is not available for the intended purpose. 
Consistent with the ROD, the Committee acknowledges that fee 
acquisitions will be made when neither public land nor 
partnerships are appropriate or cost effective for the specific 
need. The Committee recognizes with approval the current 
efforts of the Calfed Bay-Delta Program to acquire land from 
willing sellers only and to consider the potential third-party 
and redirected impacts.
    Section 5(a) requires the Secretary, in cooperation with 
the Governor and the California Bay-Delta Authority, to submit 
a report by February 15 of each year to Congress describing the 
status of implementation of all components of the Calfed Bay-
Delta Program. This annual report will also include any written 
determination that the Program is out of balance, along with a 
revised schedule to bring the Program into balance, as set 
forth in subsection (b).
    Subsection (b) requires the Secretary, in cooperation with 
the Governor and the California Bay-Delta Authority, to review 
progress in implementing the Calfed Bay-Delta Program by 
November 15 of each year. This annual progress review shall be 
based on the consistency with the ROD and balance in achieving 
the goals and objectives of the Program. If it is determined in 
writing by the Secretary, the Governor, or the Authority that 
the Program implementation schedule has not been substantially 
adhered to or that the Program is out of balance, the 
Secretary, the Governor, and the Authority must prepare a 
revised schedule to ensure that the Program will proceed in a 
balanced manner. The intent of the provision is to help ensure 
that the Calfed Bay-Delta Program is carried out in accordance 
with the principles, linkages and commitments of the ROD.
    Subsection (c) directs that any feasibility studies that 
are completed as a result of this Act, must identify project 
benefits and a cost allocation plan that is consistent with the 
beneficiaries pay provisions of the ROD. As noted in the ROD, a 
fundamental philosophy of the Calfed Program is that costs 
should, to the extent possible, be paid by the beneficiaries of 
the Program actions.
    Section 6(a) requires the President's Budget to include 
requests for the appropriate level of funding for each of the 
Federal agencies to carry out its responsibilities under the 
Calfed Bay-Delta Program.
    Subsection (b) requires the funds to be requested for the 
Federal agency with authority and programmatic responsibility 
for the obligation of the funds.
    Subsection (c) directs that, at the time of submission of 
the President's Budget, the Director of the Office of 
Management and Budget is to submit to the Congress an 
interagency budget crosscut report that displays the budget 
proposed for each of the Federal agencies to carry out the 
Calfed Bay-Delta Program for the upcoming fiscal year under 
both the pre-existing authorities and the new and expanded 
authorities granted by this legislation. The report is to 
identify all expenditures since 2000 within the Federal and 
State governments used to achieve the objectives of the Calfed 
Bay-Delta Program and provide a detailed accounting of funds 
obligated by the Federal and State governments to implement the 
Program during the previous fiscal year. The Report must also 
include a list of proposed projects, to be undertaken in the 
next fiscal year with federal funds, along with a budget for 
such projects.
    Section 7 provides that the cumulative Federal share of the 
cost of implementing the Calfed Bay-Delta Program for fiscal 
years 2005 through 2010, as set forth in the ROD, shall not 
exceed 33.3 percent. The intent of this legislation is to 
establish the overall Federal cost share for Calfed actions to 
be undertaken by Federal agencies in fiscal years 2005 through 
2010. The cost-sharing provision provided by this Act 
establishes that the overall federal cost share shall not 
exceed 33.3 percent. The ROD recognizes that the exact share of 
costs for specific projects will vary depending on the specific 
activities undertaken, the program elements, and funding 
sources. The Committee notes that the specific cost-share 
arrangements will be developed through agreements and will be 
consistent with applicable federal law. This provides 
flexibility for implementation so long as the cumulative 
Federal funding for the Program does not exceed 33.3 percent of 
the overall cost of the Program in fiscal years 2005 through 
2010.
    Section 8 authorizes to be appropriated to the Secretary 
and the heads of the Federal agencies $389,000,000 to pay the 
Federal share of the cost of carrying out the new and expanded 
authorities set forth in sections 3(b)(4) and 3(b)(5), for the 
period of fiscal years 2005 through 2010. The funds are to 
remain available without fiscal year limitation.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 5, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1097, the Calfed 
Bay-Delta Authorization act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1097--Calfed Bay-Delta Authorization Act

    Summary: S. 1097 would authorize multiple federal agencies 
to participate in the implementation of the Calfed Bay-Delta 
Program as outlined in the august 28, 2000, Record of Decision 
for the Calfed Bay-Delta Program Programatic Environmental 
Impact Statement and Report. This bill would authorize the 
appropriation of $389 million over the 2005-2010 period 
specifically for the proposed environmental water account ($90 
million), stabilizing levees ($90 million), evaluating and 
constructing water conveyance structures ($184 million), and 
coordinating the federal portion of the Calfed Bay-Delta 
Program ($2225 million). S. 1097 would authorize the 
Departments of the Interior, Agriculture, and Commerce, the 
Environmental Protection Agency, and the Army Corps of 
Engineers to participate in these projects. Under this bill, 
the federal share of the cost of these projects would be 
limited to 33.3 percent of the total cost for the 2005-2010 
period as outlined in the Record of Decision.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 1097 would cost about $265 
million over the 2005-2009 period and $124 million after 2009. 
Enacting this bill would not affect direct spending or 
revenues. S. 1097 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1097 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2004     2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Calfed Bay-Delta Spending Under Current Law:
    Budget Authority......................................        0        0        0        0        0        0
    Estimated Outlays.....................................       17       23       20        2        0        0
Proposed Changes:
    Estimated Authorization Level.........................        0       65       65       65       65       65
    Estimated Outlays.....................................        0       29       46       55       68       67
Calfed Bay-Delta Spending Under S. 1097:
    Estimated Authorization Level.........................        0       65       65       65       65       65
    Estimated Outlays.....................................       17       52       66       57       68       67
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1097 will be enacted near the end of fiscal year 2004 and that 
the necessary amounts will be appropriated in equal amounts 
over the 2005-2010 period. Since this bill limits the federal 
cost share to 33.3 percent of the total funding for the 2005-
2010 period, CBO expects that spending on these projects will 
be slower than historical federal spending on similar projects. 
CBO estimates that implementing the projects outlined in this 
bill would cost about $265 million over the 2005-2009 period 
and $124 million after that period.
    Intergovernmental and private-sector impact: S. 1097 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; and Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1097. The Act is not a regulatory measure in 
the sense of imposing government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy. Little, if any, additional paperwork would result from 
the enactment of S. 1097.

                        EXECUTIVE COMMUNICATIONS

    On April 30, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget. These 
reports had not been received at the time the report on S. 1097 
was filed. The testimony provided by the Department of the 
Interior at the Subcommittee hearing follows:

   Statement of Bennett W. Raley, Assistant Secretary for Water and 
                  Science, Department of the Interior


                              introduction


    Madam Chairman, members of the Subcommittee, I appreciate 
the opportunity to appear before you today to discuss the 
proposed bill authorizing the Secretary of the Interior to 
implement the CALFED Bay-Delta Program. S.1097 provides 
authorization for the Secretary of the Interior and the heads 
of the participating Federal agencies to carry out 
implementation of the CALFED Bay-Delta Program as set forth in 
the Record of Decision. Furthermore, S.1097 would authorize 
funding, as well as governance and management authorities for a 
comprehensive, balanced, and timely water management program 
for California.
    I would like to express my sincere appreciation to the 
Committee for your continued support and commitment to making 
significant progress with the CALFED Program. I also appreciate 
the concerns demonstrated by this Committee that progress be 
made and your efforts in developing the bill being considered 
here before us today. Your continued willingness to work with 
the administration and Department on this matter is of real and 
continuing importance to us. The current bill addresses many of 
the concerns raised in previous testimony, and we appreciate 
the approach the Senate is taking to authorize a clean CALFED 
bill. While we appreciate the effort and commitment that has 
gone into this bill, this testimony highlights several 
outstanding concerns that will need to be addressed for the 
administration to support this legislation.


            overview of progress on california water issues


    Before addressing S.1097, I would like to briefly focus on 
several key California water issues and provide you with an 
overview of CALFED accomplishments to date. Virtually every 
Western state has issues of concern and controversy demanding 
our collective attention. The Department of the Interior has 
recently initiated Water 2025 which is a commitment to work 
with states, tribes, local governments, and the public, within 
existing resources, to address the realities of water supply 
challenges in the West. Water 2025 recognizes crisis management 
is not an effective solution for addressing long-term systemic 
water supply problems. This effort is intended to focus 
sustained attention on measures that local communities can be 
put in place to proactively anticipate and mitigate the water 
conflicts we will otherwise inevitably experience, even in non-
drought years. In some areas of the West, communities are 
already implementing water banks, voluntary transfers between 
existing users, and water conservation measures to address 
potential water supply crises in advance.


                colorado river water delivery agreement


    A prime example of crisis prevention is the recent 
conclusion of decades of controversy with the signing of the 
Colorado River Water Delivery Agreement. On October 16, 2003, 
Secretary Norton was joined at Hoover Dam by representatives of 
the seven Colorado River Basin States and the four California 
water agencies (Imperial Irrigation District, Coachella Valley 
Water District, the Metropolitan Water District of Southern 
California and the San Diego County Water Authority), to 
celebrate this historic agreement that allows for the largest 
``ag to urban'' transfer in the West. This agreement, forged 
under the Secretary's leadership resolves important issues that 
were of significant concern to many in the West and in 
Congress.
    By executing this pact, California will keep its 1929 
promise to limit its use of Colorado River water to 4.4 million 
acre-feet by adopting specific, incremental steps to gradually 
reduce its use over the next 14 years. This Agreement includes 
measures that provide water for San Diego and its other growing 
cities in the southern half of the state, which are dependent 
on additional water conservation within California's farming 
communities. Under recently enacted state legislation, 
California will develop strategies to address the environmental 
concerns of the Salton Sea.
    The California water management agencies have agreed among 
themselves as to how California's 4.4 million acre-feet will be 
allocated within the state. Reaching this agreement benefits 
not only California, but also the seven states in the Colorado 
River Basin, allowing them to protect their authorized 
allocations and meet their future water needs.
    The key elements of the deal are:
          1. Caps previously unquantified water entitlement of 
        the Imperial Irrigation District (IID) and Coachella 
        Valley Water District.
          2. Provides for the conservation and transfer of up 
        to 277,700 acre-feet from IID to the San Diego County 
        Water Authority.
          3. Resolves longstanding disputes over the beneficial 
        use of Colorado River water.
          4. Reinstates the availability of Colorado River 
        surplus water for California and Nevada urban water 
        users, providing for a 14 year gradual reduction to 
        California's allocated share of Colorado River water (a 
        reduction from 5.2 to 4.4 million acre-feet).
          5. Provides water and wheeling arrangements for 
        settlement of the San Luis Rey River Indian Tribes.
    This is a historic Agreement that settles longstanding 
disputes regarding the allocation of Colorado River water 
within California that have been in dispute since 1931. This 
Agreement provides several immediate and long-term benefits to 
the beneficiaries of the Colorado River, such as:
    1. The fundamental principal of the Law of the Colorado 
River is upheld in this Agreement: Legal allocations to each 
state must be respected and enforced. In the past commentators 
and others within the Basin have suggested that transfers of 
additional water from the Upper Basin's allocation to 
California would be the best approach to resolve problems 
associated with California's overuse of the River. That 
approach would have been inconsistent with the basic structure 
and the allocations to each basin as provided in the Colorado 
River Compact of 1922. The Department does not believe that 
undermining the certainty of the allocations established over 
the past century would solve problems within the Basin; rather, 
such an approach would lead to a prolonged period of 
uncertainty and instability for all water users within the 
Basin. As a recent editorial in Utah stated: ``By firming up 
the water-rights issue, California will have to adhere to its 
fair share of water from the Colorado River.''
    2. Through this Agreement, California has taken concrete 
steps to honor the commitment its legislature made in 1929 to 
live within an allocation of 4.4 MAF from the Colorado River. 
As a result, reinstatement of the Interim Surplus Guidelines, 
will once again allow California to have a grace period to 
reduce its use to 4.4 MAF. This will allow California to better 
plan and implement water conservation activities in a manner 
that avoids adverse impacts to its economy.
    3. Reduction in water use by California directly reduces 
demand on water stored in Colorado River reservoirs--thereby 
reducing the risk of future shortages on the River. Arizona, 
with the most junior priority in the lower Basin, is 
particularly at risk of future shortages, and we are currently 
experiencing historic drought in the Basin.
    4. This Agreement is a resounding endorsement of the role 
of the Basin States to collectively fashion new approaches to 
solve issues within the Basin. The success of this Agreement 
builds on the Seven Basin States' consensus plan that was 
ultimately adopted by the Department as the Interim Surplus 
Guidelines. Secretary Norton chose to live by, and enforce, the 
deadlines that were agreed to by all seven Basin States. This 
Agreement honors and respects the agreements and obligations 
among the states that were incorporated in the Interim Surplus 
Guidelines.
    5. Lastly, bringing Southern California's water use into 
alignment with its allocation from the Colorado will also help 
reduce pressures on supplies from Northern California. As we 
saw earlier this year, the reduction in available Colorado 
River supplies to MWD lead to additional transfers from 
Northern California. The agreements reached on quantification 
of agricultural allocations in the Colorado River Water 
Delivery Agreement will provide a framework for additional 
transfers in the future.
    President Bush summarized these benefits in his statement 
of October 16: ``this Agreement allows the Colorado River to 
meet emerging water needs and provides certainty for the people 
of the Basin States.''


                                 calfed


    The CALFED Bay-Delta Program is also an example of crisis 
prevention. The CALFED Program is a response to the water 
management and ecosystem problems that came so clearly into 
focus in the drought of 1987 to 1992 experienced within the 
Bay-Delta system. Furthermore, the historic and ongoing 
conflicts between water management for supply and fishery 
protection have given rise to the urgency of the CALFED 
Program. For more than 7 years the collaborative State-Federal 
CALFED Program has been searching for the equilibrium among the 
Delta's complex problems and stakeholders with divergent 
interests.
    Since Secretary Norton last appeared before the Senate 
Energy and Natural Resources Committee in July 2001 on the 
CALFED Program, much has been achieved in California water 
issues through the implementation of the CALFED Bay-Delta 
Program. I have attached to my statement a description of the 
accomplishments the program has achieved in years one through 
three. A collective investment of approximately $1.925 billion 
has been made in years one through three from numerous Federal, 
state and local funding sources which has attributed to a vast 
array of project accomplishments in the program areas of water 
supply reliability, drinking water quality, levees, ecosystem 
restoration, watershed, science and oversight and coordination. 
Of the $1.925 billion, $1,204 million was state funding, $491 
million was local funding and $230 million was Federal funding. 
The Federal investment for all directly related and overlapping 
programs and projects that contribute to achieving the CALFED 
ROD objectives within and overlapping the geographic solution 
area is a total of $600 million.


                       recent calfed developments


State Established California Bay-Delta Authority
    The California Bay-Delta Authority (CBDA) was established 
by State legislation enacted in 2002 to provide a permanent 
State governance structure for the collaborative State-Federal 
effort that began in 1994. Pursuant to that legislation which 
was effective January 1, 2003, the CBDA formally assumed 
responsibility for overseeing State implementation of the 
CALFED Bay-Delta Program. The legislation calls for the CBDA to 
sunset on January 1, 2006, unless Federal legislation has been 
enacted authorizing the participation of appropriate Federal 
agencies in the CBDA. Currently Federal agencies are 
participating with the CBDA and have engaged with their State 
CALFED partner agencies in the first two meetings.
    Interior and other Federal agencies involved with CALFED 
are discussing among themselves and with CBDA how our 
interaction with this new entity will evolve. As this is a 
unique intergovernmental arrangement, there are no prototypes 
to examine and from which to learn. We are proceeding 
cautiously in our examination of the many legal and 
institutional issues that have been identified.
Renewed Agreements
    The California Bay-Delta Public Advisory Committee Charter 
was renewed in August under the Federal Advisory Committee Act. 
The renewal of the Charter allows the Committee to continue to 
provide recommendations to the Secretary of the Interior, the 
Governor of California, and the 24 Federal and State CALFED 
cooperating agencies on Program implementation of the CALFED 
Bay-Delta Program. Our participation under the MOU has advanced 
the Program's implementation through the coordinated planning, 
scheduling, and budgeting for programs and projects.
Establishment of D.C. Level Federal-Agency Coordination Working Group
    The Department of the Interior as the lead Federal Agency 
for CALFED Program implementation has established a Washington-
Level Working Group consisting of a representative liaison from 
each of the 11 Federal participating agencies. This group will 
meet on a regular basis to facilitate coordinated support at 
the Washington level for each of the participating agencies. 
The group will focus on providing the higher level support and 
coordination needed by the 11 Federal agencies for Program 
implementation.
Napa Proposition
    The Napa Proposition is a process to develop feasible plans 
to implement key actions contained in the CALFED ROD. The 
primary objective of the initial Napa discussions was to 
develop a proposal for the integration of the State Water 
Project (SWP) and the Federal Central Valley Project (CVP) in a 
manner that is consistent with the spirit and intent of the 
CALFED ROD. The proposition was developed during meetings that 
were a continuation of an ongoing relationship between the 
project agencies and their contractors to ensure better 
coordination of the day-to-day operations of both projects.
    The proposition is expected to increase moderately supplies 
for both projects. By better managing risk, it will allow 
higher allocations earlier in the year, increasing certainty 
for both CVP and SWP contractors. Most importantly, the 
proposition sets the stage for implementation of key CALFED 
programs, including increasing pumping capacity at the SWP 
Banks Pumping Plant to 8,500 cfs and continuation of the 
Environmental Water Account. It also recognizes the fundamental 
CALFED objective of improving Delta water quality.
    I would emphasize that the Napa Proposition is only a 
recommendation at this time and that no final decisions have 
been made. This recommendation will be considered through a 
more formal decision-making process described in the CALFED 
ROD, including various stakeholders and public review 
activities.
Integration of Water Planning--CA Water Plan Update, Water 2025 and 
        Bay-Delta Program
    The State has just issued a Draft Update of the California 
Water Plan which proposes a set of water resource actions to 
meet future water needs. One central theme that is consistent 
across the Water Plan, Water 2025, and the Bay-Delta Program is 
the need to pursue regional and local water development as a 
critical element to help determine priorities and demand. All 
three programs call for coordinated and integrated planning for 
determining future projects, approaches, or strategies for 
addressing future water needs. With respect to Water 2025, 
Secretary Norton has stated that the CALFED Program is a 
perfect example of how agencies and stakeholders can 
effectively work together towards a common goal.
Re-evaluation of Program Budgets & Targets
    Since the signing of the Bay-Delta Programmatic ROD in 
2000, financial conditions have changed, and the implementing 
Federal and State agencies, as well as Bay-Delta Public 
Advisory Committee and the CBDA, have concluded that it is time 
to reassess and develop a strategic plan for the near-term 
implementation of the Program. The CBDA recently directed its 
staff to reassess the Program which will include a review of 
the targets and budgets necessary to meet Program goals 
specified in the ROD. The reassessment will make 
recommendations on replacing original monetary targets with 
performance-oriented targets as they are developed. Careful 
consideration will also be given to Program implementation that 
can be fully funded in the current fiscal climate; program 
implementation must be firmly based upon realistic expectations 
regarding actual appropriations. Failure to develop affordable 
CALFED Program components may jeopardize the progress of a 
balanced CALFED Program.
    A CALFED Finance Plan is being developed to enable the 
Program to continue implementation in a balanced manner. The 
Draft Finance Options Report will develop finance options for 
each of the CALFED Program elements based on an evaluation of 
benefits, beneficiaries, and costs. A Final Finance Options 
Report will propose a final set of finance options, including 
the institutional structure to implement a finance plan. An 
Independent Review Panel (8 nationally recognized experts) has 
been established to review and comment on each of these 
reports.
    Let me now turn to the legislation before us. In order to 
support the Federal component of the reevaluated Program, it is 
important that appropriate legislation be enacted to authorize 
Federal Government participation.


                         feinstein legislation


    This legislation represents a comprehensive approach to 
water issues in California. The bill proposes the commitments 
made in the 2000 Record of Decision as the road map for 
implementation of the CALFED Bay-Delta Program and respects 
past agreements Californians have made by representing 
compromise language negotiated at great length.
    In general, however, the bill addresses a larger 
authorization package than may be required by the 11 Federal 
agencies to implement and participate in the Record of Decision 
actions. Our Federal agencies have been able to rely on over 
fifty existing authorities (passed by Congress) that continue 
to enable Federal agency participation. We are submitting for 
the record a detailed matrix of those existing authorities. The 
key areas in which additional authorization is necessary are as 
follows:
    Environmental Water Account (EWA)--While the bill provides 
authority and participation for EWA program activities for the 
period years 4-7, we believe that the bill should authorize 
implementation of a long-term EWA in a fashion that supports 
the vision and flexibility envisioned in the ROD. The 
establishment and successful operation of a long-term EWA will 
be one of the most significant accomplishments of CALFED in 
reducing the conflicts between fisheries and water project 
operators.
    Levee Stability Program--The goal of the Levee System 
Integrity Program is to provide long-term protection for 
multiple Delta resources by maintaining and improving the 
integrity of the extensive Delta levees system. Authorization 
for feasibility study for risk assessment strategy, Delta 
Emergency management plan, dredged material reuse on Delta 
Islands, and best management practices to control and reverse 
land subsidence is needed as noted in the ROD.
    Implement Conveyance Program Elements--Authorization is 
needed for feasibility studies for the increased pumping to 
10,300 cfs at H.O. Banks Pumping Plant, fish screen and intake 
at Clifton Court, and San Luis Reservoir Low Point Project.
    Ecosystem Restoration Program Financial Assistance--
Authorization is needed to carry out the Ecosystem Restoration 
Program activities through the use of grants and cooperative 
agreements with non-Federal entities.
    Cross-Cut Appropriation--Finally, Interior supports the 
concept of a cross-cut appropriation as delineated in the 
proposed bill which we believe will reduce inefficiencies and 
further improve Federal agency participation and recognition of 
implementation requirements. A cross-cut appropriation would 
more accurately reflect the contributions of the participating 
Federal agencies and lessen the risk to other Reclamation 
funded programs and projects in the Western states.
    Additional Concerns--The Administration has several 
specific concerns with the proposed legislation.
    2. As mentioned, appropriations are unlikely to approach 
the $880 million envisioned for Stage 1. Balanced progress in 
the program can only be achieved with a realistic expectation 
of CALFED appropriations.
    4. Section 3 (C, iii): While the Administration supports 
improvements in Water Use Efficiency, this section references 
two studies that the Administration has not yet cleared. We 
cannot support legislation that codifies any studies that have 
not finished Administration review. Similarly, Sec. 3 (C, iii, 
II) directs the Secretary to review any seawater desalination 
and regional brine line feasibility studies, regardless of the 
lack of prior Department involvement in those studies. Such 
studies are generally not conducted with the best interests of 
the taxpayer in mind, and should under no circumstances be 
adopted by either the Administration or Congress without being 
subjected to the same scrutiny that applies to federally-
sponsored studies.
    6. The legislation presumes authorization of storage 
projects that are only now in the early phases of feasibility 
studies; if those projects are not pursued beyond the 
feasibility study stage, for whatever reason, it could indicate 
that CALFED implementation is out of balance; however, the 
legislation offers no alternate path for getting implementation 
back in balance. CALFED should identify alternate paths for 
achieving the outcomes of the storage component (as well as 
other components) of the program.
    8. The Administration is concerned that the bill gives 
blanket authorization to projects that have not undergone the 
normal process of Executive Branch review. Completing this 
review process for all federal projects is crucial to ensure 
that the projects are in the national interest and 
appropriately address the problems facing the Bay Delta.
    10. Section 5(e) and Section 6(a) duplicate one another to 
a large extent; reporting requirements could be integrated and 
streamlined by requiring a single budget crosscut.
    12. Section 6(a): There are Constitutional concerns 
regarding this section; Congress cannot direct what the 
President includes in his budget requests. The Department of 
Justice has provided alternate language that we plan to share 
with the Committee.


                               conclusion


    The CALFED Program is truly at a critical juncture. After 
years of planning, the Program is now moving into the strategic 
implementation of key program and project activities. This 
forward momentum has been invigorated recently by the 
resolution of California's use of Colorado River water, the 
Napa Proposition's recommendations on coordinated operations of 
the CVP and SWP, and the implementing CALFED agencies' 
commitments to re-evaluate the CALFED Program. I strongly 
believe that re-evaluation of the Program with a focus on 
developing affordable component actions that create a durable 
and balanced solution to continuous improvement in water 
supply, water quality and the environment will best serve the 
interests of all Californians. These objectives are within our 
reach.
    The Administration is encouraged by the accomplishments to 
date under the CALFED Program. Your support of the CALFED 
Program through enactment of pertinent authorizing legislation 
and associated funding for the participating Federal agencies 
is fundamental to continuing Federal implementation efforts 
under the Program. Through Federal, State, and public 
collaborative implementing efforts, progress has been made in 
improving water supply reliability and the ecological health of 
the Bay-Delta Estuary. By working together, we are putting 
programs into action that I believe will lead to the 
realization of the long term benefits and expectations of the 
CALFED Program.
    This concludes my testimony. Madam Chairman, I would like 
to reiterate my appreciation to the Subcommittee and others for 
continuing to work with the Administration to address the 
significant water issues facing California. I would be happy to 
answer any questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1097 as ordered 
reported.
                            A P P E N D I X

                              ----------                              


                                            CALFED BAY-DELTA PROGRAM
                      [Federal Authorities for ROD & Related Activities, October 16, 2003]
----------------------------------------------------------------------------------------------------------------
                                    Program      Existing Federal
                                  lead agency/    authorization        Needed Federal
         Program element             project     regarding CALFED      authorization            Comments*
                                     agency       ROD activities
----------------------------------------------------------------------------------------------------------------
Storage.........................        USBR
    Shasta Enlargement..........        USBR   P.L. 96-375 Sec.  2  ...................  (1) Feasibility
                                                                                          authorized. (2)
                                                                                          Feasibility
                                                                                          investigation
                                                                                          underway. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts.
    Los Vaqueros Enlargement....        USBR   Sec.  215, Title     ...................  (1) Feasibility
                                                II, Division D of                         authorized. (2)
                                                P.L. 108-7.                               Feasibility
                                                                                          investigation
                                                                                          underway. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts and
                                                                                          cooperative agreements
                                                                                          w/CCWD.
    Sites Reservoir.............        USBR   Sec.  215, Title     ...................  (1) Feasibility
                                                II, Division D of                         authorized. (2)
                                                P.L. 108-7.                               Feasibility
                                                                                          investigation
                                                                                          underway. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts.
    Upper San Joaquin Storage...        USBR   Sec.  215, Title     ...................  (1) Feasibility
                                                II, Division D of                         authorized. (2)
                                                P.L. 108-7.                               Feasibility
                                                                                          investigation
                                                                                          underway. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts.
    In-Delta Storage............        USBR   Reclamation Act of   Feasibility          (1) Require feasibility
                                                1902--tech           Investigation        investigation
                                                assistance.          Authority.           authority to progress
                                                                                          beyond technical
                                                                                          assistance activities.
                                                                                          (2) Performing
                                                                                          appraisal level
                                                                                          studies through
                                                                                          existing authority.
                                                                                          (3) Feasibility
                                                                                          investigation would be
                                                                                          through direct Federal
                                                                                          contract.
    Groundwater Management &            USBR   Reclamation Act of   Block Grant          (1) Require block grant
     Storage.                                   1902--tech           Authority.           authority to pass-
                                                assistance.                               through funding to a
                                                                                          state competitive
                                                                                          grant program. (3)
                                                                                          Implementing through
                                                                                          block grant program.
    Comprehensive Water                 USBR   PL 102-575 Sec.      ...................  (1) Authorized to
     Management Planning.                       3408(j).                                  perform general
                                                                                          planning
                                                                                          investigations. (2)
                                                                                          e.g., Integrated
                                                                                          Resource Planning
                                                                                          (IRP) Investigations.
                                                                                          (3) Implementing
                                                                                          through direct Federal
                                                                                          contracts.
    Farmington Groundwater               USACE WRDA 1992, Sec.      ...................  (1) Project directed by
     Recharge Seasonal Habitat                  219, as amended by                        Congress.
     Program.                                   WRDA 1999, Sec.
                                                502 Environmental
                                                Infrastructure.
    In-Delta Storage and                 USACE Senate Resolution,   ...................  (1) Feasibility
     Reservoir Storage.                         1 June 1948,                              authorized:
                                                within the Delta,                         Feasibility Studies
                                                (Sacramento-San                           for individual
                                                Joaquin Delta,                            projects submitted to
                                                Special Study) and                        Congress for
                                                FC Act 1962, HR 8                         Authorization. Non-
                                                May 1964, outside                         Federal sponsor(s)
                                                the Delta,                                required.
                                                (Sacramento-San
                                                Joaquin
                                                Comprehensive
                                                Study).
Conveyance......................        USBR
    South Delta Actions
        8,500 CFS Capacity at HO        USBR   P.L. 102-575 Sec.    ...................  (1) Authorized to plan
         Banks.                                 3408(j), P.L. 99-                         and implement. (3)
                                                546, Reclamation                          Implementing through
                                                Project Act of                            direct Federal
                                                1939, NEPA.                               contracts/labor.
        Temporary Barriers......        None   ...................  ...................  (1) No Federal agency
                                                                                          project implementation
                                                                                          role for this effort.
        Permanent Barriers......        USBR   Reclamation Act of   ...................  (1) Authorized to plan,
                                                1902--tech                                design and construct 3
                                                assistance, PL 102-                       of the four barriers:
                                                575 Sec.                                  Middle River, Old
                                                3406(b)(15).                              River and Head of Old
                                                                                          River. (3)
                                                                                          Implementing planning/
                                                                                          design through direct
                                                                                          Federal contracts/
                                                                                          labor and will cost
                                                                                          share with State for
                                                                                          construction.
        10,300 CFS Capacity at          USBR   P.L. 102-575 Sec.    Feasibility          (1) Require feasibility
         HO Banks.                              3408(j), P.L. 99-    Investigation        investigation
                                                546, NEPA.           Authority.           authority to progress
                                                                                          beyond technical
                                                                                          assistance activities.
                                                                                          (2) Performing
                                                                                          appraisal level
                                                                                          studies through
                                                                                          existing authority.
                                                                                          (3) Feasibility
                                                                                          investigation would be
                                                                                          through direct Federal
                                                                                          contract.
        Tracy Fish Screen.......        USBR   P.L. 102-575 Sec.    ...................  (1) Authority exists to
                                                3406(b)(4).                               conduct feasibility
                                                                                          studies and design and
                                                                                          construct facility.
                                                                                          (2) N/A. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts.
        Protection of Navigation         USACE River and Harbors    ...................  Ports of Stockton and
         and Local Diversion                    Act of 1946.                              Sacramento will
         During Temporary                                                                 monitor and keep USACE
         Barriers.                                                                        apprised of impacts
                                                                                          and benefits to ensure
                                                                                          navigation interests
                                                                                          are not impacted.
        Lower SJR Floodway               USACE FC Act 1962, HR 8    ...................  (1) Feasibility
         Improvements.                          May 1964.                                 authorized; Potential
                                                                                          Environmental
                                                                                          Restoration
                                                                                          Feasibility Study. Non-
                                                                                          Federal sponsor
                                                                                          required.
        Fish Screen/Intake at           USBR   Reclamation Act of   Feasibility          (1) Require feasibility
         Clifton Court.                         1992--tech           Investigation        investigation
                                                assistance.          Authority.           authority to progress
                                                                                          beyond technical
                                                                                          assistance activities.
                                                                                          (3) Feasibility
                                                                                          investigation would be
                                                                                          through direct Federal
                                                                                          contract.
    North Delta Actions
        Delta Cross Channel             USBR   P.L. 102-575 Sec.    ...................  (1) Authorized for
         Operations.                            Sec.  3406(b)(14),                        general planning,
                                                (b)(21), Sec.                             studies and
                                                3406(g).                                  reoperations currently
                                                                                          in progress. (3)
                                                                                          Studies through direct
                                                                                          Federal contracts/
                                                                                          labor, interagency
                                                                                          agreements and grants.
        Sacremento-San Joaquin           USACE Senate Resolution,   ...................  (1) Feasibility
         Delta, North Delta                     1 June 1948.                              authorized; Currently
         Improvement Study.                                                               amending existing FCSA
                                                                                          for FC and
                                                                                          Environmental
                                                                                          Restoration
                                                                                          Feasibility Study
                                                                                          (Sacramento-San
                                                                                          Joaquin Delta, Special
                                                                                          Study) with
                                                                                          Reclamation Board and
                                                                                          DWR.
        Lower Mokelumne R.               USACE FC Act 1962, HR 8    ...................  (1) Feasibility
         Floodway Improvements                  May 1964.                                 authorized: Potential
         (San Joaquin River                                                               Environmental
         Basin, Cosumnes and                                                              Restoration
         Mokelumne Rivers).                                                               Feasibility Study. Non-
                                                                                          Federal sponsor
                                                                                          required.
        Through Delta Facility          USBR   Reclamation Act of   ...................  (1) Authorized to
         Evaluation.                            1902--tech                                undertake general
                                                assistance.                               planning
                                                                                          investigations.
    Interties
        DMC/CA Aqueduct Intertie        USBR   Reclamation Act of   ...................  (1) Feasibility, design
         at West of the City of                 1902, Emergency                           and construction
         Tracy.                                 Relief                                    authorized as part of
                                                Appropriations Act                        the CVP. (3)
                                                of 1935, First                            Implementing through
                                                Deficiency                                direct Federal
                                                Appropriations Act                        contracts/labor.
                                                of 1936, and
                                                Reclamation Act of
                                                1937, Rivers and
                                                Harbors Act of
                                                1940.
        CVP/SWP intertie at             USBR   Reclamation Act of   ...................  (1) Feasibility, design
         Forebay.                               1902, Emergency                           and construction
                                                Relief                                    authorized as part of
                                                Appropriations Act                        the CVP. (3)
                                                of 1935, First                            Implementing through
                                                Deficiency                                direct Federal
                                                Appropriations Act                        contracts/labor.
                                                of 1936, and
                                                Reclamation Act of
                                                1937, Rivers and
                                                Harbors Act of
                                                1940.
        San Luis Reservoir Low          USBR   Reclamation Act of   Feasibility          (1) Require feasibility
         Point Project.                         1902--tech           Investigation        investigation
                                                assistance.          Authority.           authority to progress
                                                                                          beyond technical
                                                                                          assistance activities.
                                                                                          (2) Performing
                                                                                          appraisal level
                                                                                          studies through
                                                                                          existing authority.
                                                                                          (3) Feasibility
                                                                                          investigation would be
                                                                                          through direct Federal
                                                                                          contract.
Water Use Efficiency............        USBR
    Water Conservation Projects.        USBR   P.L. 102-575 Sec.    Authorization as     (1) Require
                                                3405(e), Sec.        indicated under      authorization to enter
                                                3408(a), RRA.        Comments, Item (1).  into grants for Age
                                                                                          and Urban Water
                                                                                          Conservation Projects
                                                                                          for educational
                                                                                          purposes and projects
                                                                                          that go beyond
                                                                                          demonstration and
                                                                                          pilot level efforts.
                                                                                          Also, require
                                                                                          authorization to enter
                                                                                          into grants for Ag and
                                                                                          Urban Water
                                                                                          Conservation Projects
                                                                                          for any purposes with
                                                                                          non-CVP contractors.
                                                                                          (3) Implementing
                                                                                          through grants.
                                          NRCS Title II of the      ...................  (1) Authorized to enter
                                                Farm Security and                         into competitive
                                                Rural Investment                          grants and provide
                                                Act of 2002 Sec.                          technical assistance.
                                                2301 Environmental                        (2) E.g., Central
                                                Quality Incentives                        Fresno project, Lower
                                                Program (EQIP).                           Colorado River Desert
                                                                                          Region project,
                                                                                          Gooselake Drainage
                                                                                          project. (3)
                                                                                          Competitive grants for
                                                                                          on-farm conservation
                                                                                          activities.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigation,
                                                                                          demonstrations,
                                                                                          training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
    Technical Assistance                USBR   P.L. 102-575 Sec.    Authorization to     (1) Currently
     (including Science,                        3405(e), Sec.        Provide Technical    authorized to enter
     Monitoring, Oversight &                    3408(a), RRA.        Assistance to Non-   into contracts for
     Coordination).                                                  CVP Contractors.     direct benefit of
                                                                                          Reclamation mission.
                                                                                          Require authorization
                                                                                          to provide technical
                                                                                          assistance to other
                                                                                          entitles including Non-
                                                                                          CVP Contractors. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts/labor.
    Water Recycling &                   USBR   P.L. 102-575, Title  Authorization by     (1) Authorization has
     Desalination Projects.                     XVI.                 Project.             typically been
                                                                                          provided by project
                                                                                          for feasibility and
                                                                                          construction. (2)
                                                                                          E.g., San Jose Area
                                                                                          Water Reclamation &
                                                                                          Reuse Program, San
                                                                                          Gabriel Basin Project,
                                                                                          San Diego Area
                                                                                          Reclamation, N San
                                                                                          Diego Recycling
                                                                                          Project, Calleguas
                                                                                          Municipal Water
                                                                                          District Recycling
                                                                                          Project, Orange County
                                                                                          Regional Water
                                                                                          Reclamation Project,
                                                                                          Long Beach Area
                                                                                          Recycling Project. (3)
                                                                                          Implement through
                                                                                          Cooperative
                                                                                          agreements.
                                       USEPA   Clean Water Act 601  ...................  (1) State Revolving
                                                                                          Loan Program. (2)
                                                                                          Publicly Owned
                                                                                          Treatment Works (POTW)
                                                                                          construction; estuary
                                                                                          protection plan; and
                                                                                          non-point source
                                                                                          projects. (3) Funds
                                                                                          must go to state to
                                                                                          make loans.
    Water Measurement/Transfer          USBR   P.L. 102-575 Sec.    ...................  (1) Authorized as these
     Incentive Actions.                         3405(e), Sec.                             activities relate to
                                                3408(a), RRA.                             ways to improve our
                                                                                          water conservation
                                                                                          criteria under
                                                                                          3405(e). (3) Implement
                                                                                          through direct Federal
                                                                                          contracts/labor.
    Certification &                     USBR   P.L. 102-575 Sec.    ...................  (1) Authorized as
     Implementation of BMPs for                 3405(e), Sec.                             certification efforts
     Urban Water Conservation.                  3408(a), RRA.                             are linked to
                                                                                          Reclamation evaluation
                                                                                          and approval process
                                                                                          for Urban CVP
                                                                                          Contractors. (3)
                                                                                          Implement through
                                                                                          direct Federal
                                                                                          contracts/labor.
    CVPIA, financial and               USFWS   P.L. 102-575 Sec.    Require authority    (1) Require authority
     technical assistance for                   3406(d).             to provide grants    to provide grants
     managed wetlands.                                               through CALFED.      through CALFED. (2)
                                                                                          E.g., Water efficiency/
                                                                                          conservation planning
                                                                                          documents for refuges
                                                                                          (accounting for water
                                                                                          usage). (3)
                                                                                          Implementation is
                                                                                          through Federal labor/
                                                                                          coordination.
Water Transfers.................        USBR
    Increase the availability of        USBR   Warren Act.........  ...................  (1) Implementing
     existing facilities for                                                              program efforts
     water transfers.                                                                     through existing
                                                                                          authorities. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts/labor.
    Lower transaction costs             USBR   P.L. 102-575 Sec.    ...................  (1) Implementing
     through permit streamlining.               3405(a).                                  program efforts
                                                                                          through existing
                                                                                          authorities. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts/labor.
    Maintain a water transfer           USBR   P.L. 102-575 Sec.    ...................  (1) Clearinghouse has
     information clearinghouse.                 3405(a).                                  been established and
                                                                                          is operating. (2)
                                                                                          E.g., On-Tap Website.
                                                                                          (3) Implementing
                                                                                          through direct Federal
                                                                                          contracts/labor.
Environmental Water Account.....       USBR,
                                      USFWS,
                                        NOAA
    Water/Power/Wheeling and            USBR   Reclamation Act of   See comments.......  (1) Beyond actions that
     Operations.                                1937, P.L. 102-575                        tie to Federal
                                                Sec.  3406(b)93),                         benefits, programmatic
                                                ESA, P.L. 81-356.                         authority is needed to
                                                                                          implement the program
                                                                                          with the flexibility
                                                                                          and vision of the
                                                                                          CALFED ROD. (3)
                                                                                          Implementing through
                                                                                          Direct Federal
                                                                                          contracts/labor.
                                       USFWS   Endangered Species   ...................  (1) Programmatic
                                                Act of 1973, 16                           authority is needed to
                                                U.S.C. 1361 et                            implement the program
                                                seq., as amended;                         with the flexibility
                                                Fish and Wildlife                         and vision of the
                                                Coordination Act.                         CALFED ROD. (2)
                                                                                          Reduced state water
                                                                                          project exports in
                                                                                          winter and spring to
                                                                                          protect listed salmon
                                                                                          and delta smelt. (3)
                                                                                          Implementation through
                                                                                          direct labor--
                                                                                          coordination with
                                                                                          state and federal
                                                                                          agencies.
                                        NOAA   Endangered Species   ...................  (1) Programmatic
                                                Act of 1973, 16                           authority is needed to
                                                U.S.C. 1361 et                            implement the program
                                                seq., as amended;                         with the flexibility
                                                Magnuson-Stevens                          and vision of the
                                                Fishery                                   CALFED ROD. (2) Agency
                                                Conservation and                          participation in the
                                                Management Act;                           water operations
                                                Fish and Wildlife                         management team during
                                                Coordination Act.                         2001, 2002, and 2003.
                                                                                          (3) Implementing
                                                                                          through base funding
                                                                                          and annual
                                                                                          appropriations.
Ecosystem Restoration...........      USFWS,
                                        NOAA
    Large-Scale Restoration Bay-
     Delta and Tribs
                                       USBLM   FLPMA 43 U.S.C..       .................  Primarily for the
                                                1701 et seq.                              management of Public
                                                                                          Lands. Involvement
                                                                                          would be restricted to
                                                                                          areas with Public
                                                                                          Lands.
                                        USBR   PL. 102-575 Sec.       .................  Authorized to implement
                                                Sec.  3406(b)(1),                         mitigation and
                                                (12), (13).                               enhancement actions
                                                                                          within scope of CVPIA.
                                       USFWS   PL. 102-575 Sec.     Require authority    Require authorization
                                                Sec.  3406(b)(1),    to provide grants    to supplement actions
                                                (12), (13).          through CALFED.      beyond scope of CVPIA
                                                                                          mitigation and
                                                                                          enhancement.
        CVPIA, Anadromous Fish         USFWS   PL. 102-575 Sec.     Require authority    (2) E.g., Improve fish
         Restoration Program.                   3406(b)(1).          to provide grants    passage on the
                                                                     through CALFED.      Cosumnes River,
                                                                                          Juvenile salmon
                                                                                          outmigration
                                                                                          monitoring at Caswell,
                                                                                          Tuolumne River Special
                                                                                          Run Pool (SRP 10). (3)
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
        CVPIA, Creek restoration       USFWS   PL. 102-575 Sec.       .................  (1) Butte and Clear
                                                3406(b)(1).                               Creek Restoration
                                                                                          efforts.
        CVPIA, Spawning Gravel/        USFWS   PL. 102-575 Sec.       .................  (2) E.g., Upper
         Riparian Habitat.                      3406(b)(13).                              Sacramento River,
                                                                                          American River, and
                                                                                          Stanislaus River
                                                                                          (Goodwin Dam). (3)
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
        CVPIA, b(1) Other              USFWS   PL. 102-575 Sec.       .................  (2) E.g., CA red-legged
         Program.                               3406(b)(1).                               frog investigations in
                                                                                          Cottonwood Cr., survey
                                                                                          and trap the
                                                                                          introduced water snake
                                                                                          (Nerodia fasciata), a
                                                                                          threat to the giant
                                                                                          garter snake. (3)
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
    Cooperative Endangered             USFWS   Endangered Species     .................  (2) E.g., Recovery Land
     Species Conservation Fund.                 Act of 1973, 16                           Acquisition Program,
                                                U.S.C. 1361 et                            Habitat Conservation
                                                seq., as amended,                         Planning Assistance,
                                                Department of the                         and Habitat
                                                Interior                                  Conservation Plan Land
                                                Appropriations,                           Acquisition. (3)
                                                P.L. 107-63.                              Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
    Endangered Species Recovery        USFWS   Endangered Species     .................  (2) E.g., Riparian
     Program Funds.                             Act of 1973, 16                           brush rabbit recovery,
                                                U.S.C. 1361 et                            CA red-legged frog
                                                seq., as amended.                         translocation, and
                                                                                          Butte County
                                                                                          meadowfoam projects.
                                                                                          (3) Implementation
                                                                                          through Grants/
                                                                                          Cooperative
                                                                                          Agreements.
                                        NOAA   Endangered Species     .................  (1) Recovery planning
                                                Act of 1973, 16                           and conservation
                                                U.S.C. 1361 et                            strategy development.
                                                seq., as amended.                         (2) Sacramento River
                                                                                          winter-run Chinook
                                                                                          salmon recovery
                                                                                          planning. (3)
                                                                                          Implementing through
                                                                                          annual appropriations.
    Partners For Fish and              USFWS   Fish and Wildlife      .................  (2) E.g., Manuhui
     Wildlife.                                  Act of 1956, 16                           Partners, Big Lake
                                                U.S.C. 742(a)-754                         Farms, and Mill Creek
                                                and Fish and                              Phase 2 projects. (3)
                                                Wildlife                                  Implementation through
                                                Coordination Act,                         Grants/Cooperative
                                                16 U.S.C.. 661-                           Agreements.
                                                667(e).
    NAWCA (CV Joint Venture)....       USFWS   North American         .................  (2) E.g., Yolo Basin
                                                Wetlands                                  Wetland Habitat
                                                Conservation Act                          Project, Tulare Lake
                                                of 1989 (PL. 101-                         Basin Wetland Habitat
                                                233).                                     Project, and Poso
                                                                                          Creek Flood Plain
                                                                                          Wetland Habitat
                                                                                          Project. (3)
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
    Habitat Restoration Delta,          USBR   P.L. 102-575.......  See comments.......  (1) Authorized to
     San Pablo Bay, Suisun Bay                                                            implement restoration
     and Marsh.                                                                           mitigation and
                                                                                          enhancement actions
                                                                                          within scope of CVPIA.
                                       USFWS   P.L. 102-575.......  Require authority    Self-explanatory.
                                                                     to provide grants
                                                                     through CALFED.
    Fish Screen/Passage.........        USBR   PL. 102-575 Sec.       .................  (1) Authorized to
                                                Sec.  3406(b)(10),                        implement fish passage/
                                                (21).                                     screening actions
                                                                                          within scope of CVPIA.
                                                                                          (2) E.g., Natomas
                                                                                          Mutual Water Co.,
                                                                                          Sutter Mutual Water
                                                                                          Co., and RD 108 Fish
                                                                                          Screen Projects. (3)
                                                                                          Implementing through
                                                                                          Federal grants and
                                                                                          cooperative
                                                                                          agreements.
                                       USBLM   FLPMA 43 U.S.C.        .................  Primarily for the
                                                1701 et seq.,                             management of Public
                                                Endangered Species                        Lands. Involvement
                                                Act of 1973, as                           would be restricted to
                                                amended (16 U.S.C.                        areas with Public
                                                1531 et seq.), PL                         Lands.
                                                107-13.
                                        NOAA   Endangered Species     .................  (1) Fish screen/Fish
                                                Act of 1973, 16                           passage design and
                                                U.S.C. 1361 et                            engineering. (2) Glen-
                                                seq., as amended;                         Colusa Irrigation
                                                Federal Power Act.                        District; Banta-
                                                                                          Carbona Irrigation
                                                                                          District; CVP/SWP
                                                                                          Pumps. (3)
                                                                                          Implementing through
                                                                                          annual appropriations.
    Anadromous Fish Screen             USFWS   PL. 102-575 Sec.       .................  (1) Require
     Program.                                   Sec.  3406(b)(21).                        authorization to
                                                                                          supplement actions
                                                                                          beyond scope of CVPIA
                                                                                          mitigation and
                                                                                          enhancement. (2) E.g.,
                                                                                          Natomas Mutual Water
                                                                                          Co., Sutter Mutual
                                                                                          Water Co., and RD 108
                                                                                          Fish Screen Projects.
                                                                                          (3) CVPIA
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
    Land/Water Acquisitions
                                        USBR   PL. 102-575 Sec.       .................  Authorized to implement
                                                Sec.  3406(b)(3),                         environmental water
                                                3406(d)(2).                               acquisitions within
                                                                                          scope of CVPIA.
                                       USBLM   FLPMA 43 U.S.C.        .................  Primarily for the
                                                1701 et seq, Land                         management of Public
                                                and Water                                 Lands. Involvement
                                                Conservation Fund                         would be mostly
                                                Act of 1965, as                           restricted to areas
                                                amended (16 U.S.C.                        with Public Lands.
                                                460 et seq.), Wild
                                                and Scenic Rivers
                                                Act of 1968, as
                                                amended (16 U.S.C.
                                                1271 et seq.),
                                                Federal Land
                                                Exchange
                                                Facilitation Act
                                                of 1988 (43 U.S.C.
                                                1716).
        CVPIA, Water Acquisition       USFWS   PL. 102-575 Sec.       .................  Self-explanatory.
                                                3406(b)(2).
        Land Acquisitions.......       USFWS   Migratory Bird         .................  (2) E.g., Lyons Land
                                                Conservation Act,                         Management and Faith
                                                The Fish and                              Ranch Easements (San
                                                Wildlife Act of                           Joaquin River NWR)
                                                1956 (16 U.S.C..                          Kelly Property
                                                742a-742j).                               Easement (Grasslands
                                                                                          Wildlife Management
                                                                                          Area (East). (3)
                                                                                          Implementation through
                                                                                          Grants/Cooperative
                                                                                          Agreements.
                                       USFWS   The Endangered         .................
                                                Species Act of
                                                1973, as amended
                                                (PL 93-205), The
                                                Migratory Bird
                                                Hunting and
                                                Conservation Stamp
                                                Act (16 U.S.C..
                                                718-718j, 48 Stat.
                                                452), The Refuge
                                                Recreation Act of
                                                162 (87-714), The
                                                Emergency Wetlands
                                                Resources Act of
                                                1986 (PL. 99-645),
                                                and Land and Water
                                                Conservation Fund
                                                (16 U.S.C. 4601-
                                                46011-11).
        Integrate State/Federal           NRCS Title II of the      ...................  (1) Authorized to enter
         Ag Programs for                        Farm Security and                         into competitive
         Agricultural                           Rural Investment                          grants and provide
         Sustainability.                        Act of 2002 Sec.                          technical assistance.
                                                2301 Environmental                        (2) E.g., Alameda
                                                Quality Incentives                        County Agricultural
                                                Program (EQIP).                           Enhancement project,
                                                                                          Colusa Basin Drain
                                                                                          project, Integrated
                                                                                          Orchard Management in
                                                                                          Butte and Glenn
                                                                                          Counties. (3)
                                                                                          Competitive grants for
                                                                                          on-farm conservation
                                                                                          activities.
                                       USBLM   FLPMA 43 U.S.C.      ...................  Primarily for the
                                                1701 et seq,                              management of Public
                                                Endangered Species                        Lands. Involvement
                                                Act of 1973, as                           would be restricted to
                                                amended (16 U.S.C.                        areas with Public
                                                1531 et seq.),                            Lands.
                                                Soil and Water
                                                Resources
                                                Conservation Act
                                                of 1977 (16 U.S.C.
                                                2001, Public
                                                Rangelands
                                                Improvement Act of
                                                1978 (43 U.S.C.
                                                1901-1908, The
                                                Migratory Bird Act
                                                of 1929, as
                                                amended (16 U.S.C.
                                                715) and treaties
                                                pertaining
                                                thereto, National
                                                Fish and Wildlife
                                                Foundation
                                                Establishment Act,
                                                as amended, (16
                                                U.S.C. 3701).
        Local Habitat                     NRCS Title II of the      ...................  (1)(2)(3) Authorized to
         Restoration.                           Farm Security and                         enter into competitive
                                                Rural Investment                          grants and provide
                                                Act of 2002 Sec.                          technical assistance
                                                2201 Wetlands                             for permanent
                                                Reserve Program.                          easements, 30 year
                                                                                          easements, and 10 year
                                                                                          restoration
                                                                                          agreements.
                                       USBLM   FLPMA 43 U.S.C.      ...................  Primarily for the
                                                1701 et seq.,                             management of Public
                                                Endangered Species                        Lands. Involvement
                                                Act of 1973, as                           would be restricted to
                                                amended (16 U.S.C.                        areas with Public
                                                1531 et seq.),                            Lands.
                                                Soil and Water
                                                Resources
                                                Conservation Act
                                                of 1977 (16 U.S.C.
                                                2001, Public
                                                Rangelands
                                                Improvement Act of
                                                1978 (43 U.S.C.
                                                1901-1908, The
                                                Migratory Bird Act
                                                of 1929, as
                                                amended (16 U.S.C.
                                                715) and treaties
                                                pertaining
                                                thereto, National
                                                Fish and Wildlife
                                                Foundation
                                                Establishment Act,
                                                as amended, (16
                                                U.S.C. 3701).
    Integrated Flood Mgmt, Eco           USACE FC Act 1962, HR 8    ...................  Feasibility Studies for
     Restoration and Levee                      May 1964, outside                         individual projects
     Protection.                                Delta, and Senate                         that would be
                                                Resolution, 1 June                        submitted to Congress
                                                1948, within the                          for Authorization. Non-
                                                Delta.                                    Federal sponsor(s)
                                                                                          required.
    Sacramento-San Joaquin               USACE FC Act 1962, HR 8    ...................  Feasibility Studies for
     Comprehensive Study.                       May 1964.                                 individual projects
                                                                                          that would be
                                                                                          submitted to Congress
                                                                                          for Authorization.
                                                                                          Currently one study is
                                                                                          Hamilton City, CA.
    EPA authorities can support        USEPA   Clean Water Act      ...................  (1) Non-point source
     various elements of ERP,                   319h.                                     program
     including restoration,                                                               implementation. (2)
     invasive species, AG for                                                             Implementation of best
     wildlife, and water quality                                                          management practices:
     improvement.                                                                         TMDL implementation.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities.
                                       USEPA   Clean Water Act      ...................  (1) Water quality
                                                205j.                                     management planning.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities.
                                                                                          Limited to planning.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigations,
                                                                                          demonstrations,
                                                                                          training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
                                       USEPA   Clean Water Act 601  ...................  (1) State Revolving
                                                                                          Loan program. (2) POTW
                                                                                          construction; estuary
                                                                                          protection plans; non-
                                                                                          point source control
                                                                                          projects. (3) Funds
                                                                                          must go to state to
                                                                                          make loans.
    National Estuary Program....       USEPA   Clean Water Act 320  ...................  (1) National Estuary
                                                                                          Program. (2)
                                                                                          development of San
                                                                                          Francisco Estuary
                                                                                          Comprehensive
                                                                                          Conservation and
                                                                                          Management Plan (3)
                                                                                          Grants limited to
                                                                                          technical work
                                                                                          necessary for
                                                                                          development of estuary
                                                                                          conservation and
                                                                                          management plans.
    ERP Administration..........       USFWS   Fish and Wildlife    Require authority    (3) Program
                                                Coordination Act,    to provide grants    Administrative costs;
                                                16 U.S.C. 661-       through CALFED.      personnel support to
                                                667(e).                                   manage ERP Program,
                                                                                          travel, and training.
    Program Oversight and               NOAA   Endangered Species   Programmatic         (1) Program/Project
     Coordination.                              Act of 1973, 16      authority is         review and
                                                U.S.C. 1361 et       needed to            recommendation. (2)
                                                seq., as amended;    implement the        Numerous Sacramento
                                                Magnuson-Stevens     program within the   River Basin and San
                                                Fishery              scope of the         Joaquin Basin
                                                Conservation and     CALFED ROD and the   restoration projects.
                                                Management Act;      new California Bay-  (3) Implementing
                                                Fish and Wildlife    Delta Authority.     through base funding
                                                Coordination Act.                         and annual
                                                                                          appropriations.
Watershed.......................    Multiple
                                    Agencies
    Local Capacity to Assess and       USBLM   FLPMA (43 U.S.C.     ...................  Primarily for the
     Manage Watersheds.                         1701 et seq.),                            management of Public
                                                P.L. 101-512,                             Lands. Involvement
                                                November 5, 1990,                         would be restricted to
                                                Fire Plan                                 areas with Public
                                                Governance, P.L.                          Lands. Does allow for
                                                106-291, P.L. 101-                        coordination with
                                                512, November 5,                          others in a watershed
                                                1990.                                     with Public Lands.
                                                                                          Many Technical
                                                                                          Publications in
                                                                                          coordination with NRCS
                                                                                          and USFS, National
                                                                                          Riparian Team
                                                                                          available for
                                                                                          consultation and
                                                                                          community building.
                                       USEPA   Clean Water Act      ...................  (1) Non-point source
                                                319h.                                     program
                                                                                          implementation. (2)
                                                                                          Implementation of Best
                                                                                          Management Practices;
                                                                                          TMDL implementation.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities.
                                       USEPA   Clean Water Act      ...................  (1) Water quality
                                                205j.                                     management planning.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities. Funds
                                                                                          are limited to
                                                                                          planning.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigations,
                                                                                          demonstrations,
                                                                                          planning. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
    Technical Assistance........       USBLM   FLPMA 43 U.S.C.      ...................  Primarily for the
                                                1701 et seq.                              management of Public
                                                                                          Lands. Involvement
                                                                                          would be restricted to
                                                                                          areas with Public
                                                                                          Lands. Does allow for
                                                                                          coordination with
                                                                                          others in a watershed
                                                                                          with Public Lands.
                                                                                          Many Technical
                                                                                          Publications in
                                                                                          coordination with NRCS
                                                                                          and USFS, National
                                                                                          Riparian Team
                                                                                          available for
                                                                                          consulation.
                                       USEPA   Clean Water Act      ...................  (1) Non-point source
                                                319h.                                     program
                                                                                          implementation. (2)
                                                                                          Implementation of Best
                                                                                          Management Practices;
                                                                                          TMDL implementation.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities.
                                       USEPA   Clean Water Act      ...................  (1) Water quality
                                                205j.                                     management planning.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities. Funds
                                                                                          are limited to
                                                                                          planning.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigations,
                                                                                          demonstrations,
                                                                                          training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
    Local Watershed                       NRCS Title II of the      ...................  (1) Authorized to enter
     Conservation, Maintenance                  Farm Security and                         into competitive
     and Restoration.                           Rural Investment                          grants and provide
                                                Act of 2002 Sec.                          technical assistance.
                                                2301 Environmental                        (2) E.g., American
                                                Quality Incentives                        River-Yuba River-
                                                Program (EQIP).                           Traverse Creek
                                                                                          project, Deer and Mill
                                                                                          Creeks Conservancies,
                                                                                          Fall-Pit River
                                                                                          project. (3)
                                                                                          Competitive grants.
                                       USBLM   FLPMA 43 U.S.C.      ...................  Primarily for the
                                                1701 et seq., Land                        management of Public
                                                and Water                                 Lands. Involvement
                                                Conservation Fund                         would be restricted to
                                                Act of 1965, as                           areas with Public
                                                amended (16 U.S.C.                        Lands. Does allow for
                                                460 et seq.), Wild                        coordination with
                                                and Scenic Rivers                         others in a watershed
                                                Act of 1968, as                           with Public Lands.
                                                amended (16 U.S.C.
                                                1271 et seq.),
                                                Federal Land
                                                Exchange
                                                Facilitation Act
                                                of 1988 (43 U.S.C.
                                                1716), P.L. 101-
                                                512, November 5,
                                                1990, Soil and
                                                Water Resources
                                                Conservation Act
                                                of 1977 (16 U.S.C.
                                                2001, The Clean
                                                Water Act of 1987,
                                                as amended (33
                                                U.S.C. 1251),
                                                Executive Order
                                                11988, Flood Plain
                                                Management, May
                                                24, 1977 (42 FR
                                                26951), Executive
                                                Order 11990,
                                                Protection of
                                                Wetlands, May 25,
                                                1977 (42 FR
                                                26961), Public
                                                Rangelands
                                                Improvement Act of
                                                1978 (43 U.S.C.
                                                1901-1908), The
                                                Migratory Bird Act
                                                of 1929, as
                                                amended (16 U.S.C.
                                                715) and treaties
                                                pertaining
                                                thereto, The Sikes
                                                Act of 1974, as
                                                amended (16 U.S.C.
                                                670 et seq.),
                                                National Fish and
                                                Wildlife
                                                Foundation
                                                Establishment Act,
                                                as amended, (16
                                                U.S.C. 3701),
                                                Wyden Amendment
                                                codified at 16
                                                U.S.C. 1011.
                                       USEPA   Clean Water Act      ...................  (1) Non-point source
                                                319h.                                     program
                                                                                          implementation. (2)
                                                                                          Implementation of Best
                                                                                          Management Practices;
                                                                                          TMDL implementation.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities.
                                       USEPA   Clean Water Act      ...................  (1) Water quality
                                                205j.                                     management planning.
                                                                                          (3) Funds must go to
                                                                                          state, which then
                                                                                          passes a portion on to
                                                                                          other entities. Funds
                                                                                          are limited to
                                                                                          planning.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigations,
                                                                                          demonstrations,
                                                                                          training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
Drinking Water Quality..........       USEPA
    Source Water Protection and        USEPA   Clean Water Act      ...................  (1) Non-point source
     Drinking Water Improvement                 319h.                                     program
     Programs.                                                                            implementation. (2)
                                                                                          Implementation of best
                                                                                          management practices;
                                                                                          TMDL implementation.
                                                                                          (3) Funds must go to
                                                                                          state, which then may
                                                                                          pass through to other
                                                                                          entities.
                                       USEPA   Clean water Act      ...................  (1) Water Quality
                                                205j.                                     Management Planning.
                                                                                          (3) Funds must go to
                                                                                          state that then may
                                                                                          pass through to other
                                                                                          entities. Funds are
                                                                                          limited to planning.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    Investigation,
                                                                                          Demonstrations,
                                                                                          Training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
                                       USEPA   Safe Drinking Water  ...................  (1) Special Study and
                                                Act 1444.                                 demonstration project
                                                                                          grants. (3) Limited to
                                                                                          grants for study/
                                                                                          demonstration projects
                                                                                          related to safe
                                                                                          drinking water.
                                       USEPA   Clean Water Act....  ...................  (1) State Revolving
                                                                                          Loan Program. (2) POTW
                                                                                          construction; estuary
                                                                                          protection plans; non-
                                                                                          point source control
                                                                                          projects. (3) Funds
                                                                                          must go to state to
                                                                                          make loans.
                                       USEPA   Safe Drinking Water  ...................  (1) State Revolving
                                                Act 1452.                                 Loan Program. (2)
                                                                                          Drinking Water
                                                                                          Infrastructure
                                                                                          Improvements. (3)
                                                                                          Funds must go to state
                                                                                          to make loans.
    SJ Drainage Program.........        USBR   P.L. 86-488........  Authority to         (1) Executing Court
                                                                     participate in       ordered activity
                                                                     drainage             consistent with the
                                                                     activities outside   San Luis act.
                                                                     of San Luis Unit..   authority needed to
                                                                                          participate in
                                                                                          drainage activities
                                                                                          outside of San Luis
                                                                                          Unit. (3) Implementing
                                                                                          through direct Federal
                                                                                          contracts/labor.
    Land Retirement.............        USBR   P.L. 102-575 Sec.    ...................  (1) Authorized and
                                                3406(h).                                  implementing land
                                                                                          retirement program.
                                                                                          (3) Implementing
                                                                                          through direct Federal
                                                                                          contract/labor.
    San Joaquin Basin Action            USBR   P.L. 102-575 Sec.    ...................  (1) Authorized and
     Plan.                                      3406(d)(5).                               implementing Action
                                                                                          Plan in accordance
                                                                                          with Interagency MOU
                                                                                          and CVPIA. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contract/labor and
                                                                                          cooperative
                                                                                          agreements.
    SJR Recirculation...........        USBR   Reclamation Act of   Feasibility          (1) Authorized to
                                                1902--tech           Investigation        perform general
                                                assistance.          Authority.           planning
                                                                                          investigations. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts/labor.
Levee Stability.................         USACE
    Delta Levees Base level of           USACE Senate Resolution,   Authorization for    Assumption for
     Protection (to P.L. 84-99                  1 June 1948,         Construction.        construction
     Level of Protection).                      within the Delta,                         authorization:
                                                Sacramento-San                            Complete Environmental
                                                Joaquin Delta,                            Documentation and
                                                Special Study.                            commence with Delta
                                                                                          levee construction
                                                                                          based on ROD
                                                                                          commitments of approx.
                                                                                          520 miles of levees
                                                                                          constructed to a level
                                                                                          of protection of P.L.
                                                                                          84-99. For Feasibility
                                                                                          Studies.
    Delta Levees Special                 USACE Senate Resolution,   Authorization for    Assumption for
     Improvement Projects                       1 June 1948,         Construction.        construction
     program (8 Western Delta                   within the Delta,                         authorization:
     Island beyond P.L. 84-99                   Sacramento-San                            Prioritizing the 8
     protection due to                          Joaquin Delta,                            Western Islands based
     significance of importance.                Special Study.                            on significance and
                                                                                          commence with islands
                                                                                          construction above a
                                                                                          level of protection of
                                                                                          P.L. 84-99. Approx. 82
                                                                                          miles of levee
                                                                                          construction. For
                                                                                          Feasibility Studies.
    BMPs to Control and Reverse          USACE ...................  Authorization for    Feasibility Report
     Land Subsidence on Delta                                        Feasibility Study    submitted to Congress
     Islands.                                                        of the Feasibility   for project
                                                                     of Reversing Land    authorization.
                                                                     Subsidence.
    Delta Emergency Management           USACE ...................  Authorization......  Assumption based on ROD
     Plan.                                                                                that annual Federal
                                                                                          appropriations would
                                                                                          allow funds to be
                                                                                          carried-over each year
                                                                                          to create a fund that
                                                                                          would allow
                                                                                          significant reserve
                                                                                          funding in a time of
                                                                                          emergency in the
                                                                                          Delta. State of CA
                                                                                          would match Federal
                                                                                          funds each year.
    Risk Management Strategy....         USACE ...................  Authorization for    Feasibility Report
                                                                     Feasibility Study.   would determine risk
                                                                                          and prioritize Delta
                                                                                          Levees Special
                                                                                          Improvement Projects
                                                                                          (8 Western Delta
                                                                                          Island beyond P.L. 84-
                                                                                          99 protection).
    Dredged Materials Reuse on           USACE ...................  Authorization......  Funding for O&M;
     Delta Islands.                                                                       dredging projects to
                                                                                          assist in the cost of
                                                                                          handling, remediation,
                                                                                          transporting, and off-
                                                                                          loading dredged
                                                                                          materials for levee,
                                                                                          reverse land
                                                                                          subsidence, and
                                                                                          ecosystem restoration
                                                                                          construction.
    Sacramento-San Joaquin               USACE FC Act 1962, HR 8    ...................  Feasibility Study for
     Comprehensive Study.                       May 1964.                                 individual projects
                                                                                          that would be
                                                                                          submitted to Congress
                                                                                          for Authorization. Non-
                                                                                          Federal sponsor(s)
                                                                                          required.
    Suisun Marsh................         USACE WRDA 2000 Sec.  416  ...................  Feasibility Study for
                                                                                          individual projects
                                                                                          that would be
                                                                                          submitted to Congress
                                                                                          for Authorization. Non-
                                                                                          Federal sponsor(s)
                                                                                          required.
Science.........................        USGS
    Produce authoritative               USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
     summaries of relevant                      seq., 42 U.S.C.                           Scientist--CALFED
     scientific knowledge.                      7701 et seq., P.L.                        Implementation MOU.
                                                101-614; 43 U.S.C.                        USGS National Water
                                                et seq., 43 U.S.C.                        Quality Assessment--
                                                50; P.L. 101-606.                         Sacramento and San
                                                                                          Joaquin Projects
                                                                                          (CALFED Category B)--
                                                                                          local USGS staff
                                                                                          following national
                                                                                          protocols. USGS
                                                                                          Federal-State
                                                                                          Cooperative Program--
                                                                                          local hydrologic
                                                                                          studies (CALFED
                                                                                          Category B)--Joint
                                                                                          Funding Agreements.
    Create relevant new                 USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
     knowledge.                                 seq., 42 U.S.C.                           Scientist--CALFED
                                                7701 et seq., P.L.                        Implementation MOU.
                                                101-614; 43 U.S.C.                        USGS National Water
                                                31 et seq., 43                            Quality Assessment--
                                                U.S.C. 50; P.L.                           Sacramento and San
                                                101-606.                                  Joaquin Projects
                                                                                          (CALFED Category B)--
                                                                                          local USGS staff
                                                                                          following national
                                                                                          protocols. USGS
                                                                                          Federal-State
                                                                                          Cooperative Program--
                                                                                          local hydrologic
                                                                                          studies (CALFED
                                                                                          Category B)--Joint
                                                                                          Funding Agreements.
    Facilitate use of best              USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
     available science to make                  seq., 42 U.S.C.                           Scientist--CALFED
     decisions.                                 7701 et seq., P.L.                        Implementation MOU.
                                                101-614; 43 U.S.C.
                                                31 et seq., 43
                                                U.S.C. 50; P.L.
                                                101-606.
    Evaluate program performance        USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
                                                seq., 42 U.S.C.                           Scientist--CALFED
                                                7701 et seq., P.L.                        Implementation MOU.
                                                101-614; 43 U.S.C.
                                                31 et seq., 43
                                                U.S.C. 50; P.L.
                                                101-606.
    Improve communication of            USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
     scientific knowledge.                      seq., 42 U.S.C.                           Scientist--CALFED
                                                7701 et seq., P.L.                        Implementation MOU.
                                                101-614; 43 U.S.C.
                                                31 et seq., 43
                                                U.S.C. 50; P.L.
                                                101-606.
    Coordinate existing                 USGS   42 U.S.C. 4331 et    ...................  CALFED ROD--CALFED Lead
     monitoring and science                     seq., 42 U.S.C.                           Scientist--CALFED
     programs.                                  7701 et seq., P.L.                        Implementation MOU. CA
                                                101-614; 43 U.S.C.                        State Water Resources
                                                31 et seq., 43                            Control Board Water
                                                U.S.C. 50; P.L.                           Rights Decision 1485--
                                                101-606.                                  Interagency Ecological
                                                                                          Program (CALFED
                                                                                          Category A)--formal
                                                                                          MOU among
                                                                                          participating
                                                                                          agencies.
                                        USBR   P.L. 102-575 Sec.    ...................  (1) CA State Water
                                                Sec.  3406(b)(2)                          Resources Control
                                                and (16) (IEP,                            Board Water Rights
                                                CAMP).                                    Decision 1485--
                                                                                          Interagency Ecological
                                                                                          Program (CALFED
                                                                                          Category A)--formal
                                                                                          MOU among
                                                                                          participating
                                                                                          agencies. Also,
                                                                                          Monitoring Program
                                                                                          under CVPIA. (3)
                                                                                          Implementing through
                                                                                          direct Federal
                                                                                          contracts/labor and
                                                                                          cooperative
                                                                                          agreements.
                                       USFWS   Fish and Wildlife    ...................  CA State Water
                                                Coordination Act,                         Resources Control
                                                16 U.S.C. 661-                            Board Water Rights
                                                667(e).                                   Decision 1485--
                                                                                          Interagency Ecological
                                                                                          Program (CALFED
                                                                                          Category A)--formal
                                                                                          MOU among
                                                                                          participating
                                                                                          agencies.
                                         USACE See comments.......  ...................  CA State Water
                                                                                          Resources Control
                                                                                          Board Water Rights
                                                                                          Decision 1485--
                                                                                          Interagency Ecological
                                                                                          Program (CALFED
                                                                                          Category A)--formal
                                                                                          MOU among
                                                                                          participating
                                                                                          agencies. Require
                                                                                          authority to implement
                                                                                          efforts beyond project
                                                                                          specific agency
                                                                                          related mission,
                                                                                          including
                                                                                          participating in CA
                                                                                          Bay-Delta Science
                                                                                          Program.
                                        NOAA   Endangered Species   ...................  (1) CA State Water
                                                Act of 1973, 16                           Resources Control
                                                U.S.C. 1361 et                            Board Water Rights
                                                seq., as amended;                         Decision 1485--
                                                Magnuson-Stevens                          Interagency Ecological
                                                Fishery                                   Program (CALFED
                                                Conservation and                          Category A)--formal
                                                Management Act;                           MOU among
                                                Fish and Wildlife                         participating
                                                Coordination Act.                         agencies. Also,
                                                                                          Monitoring Program
                                                                                          under CVPIA. (3)
                                                                                          Implementing through
                                                                                          base funding and
                                                                                          annual appropriations.
                                       USEPA   Clean Water Act      ...................  (1) Research,
                                                104b3.                                    investigation,
                                                                                          demonstrations,
                                                                                          training. (3) Limited
                                                                                          to grants for
                                                                                          pollution projects
                                                                                          that are demonstration
                                                                                          projects.
    Science Administration......       USFWS   Fish and Wildlife    ...................  (3) Implementation
                                                Coordination Act,                         directly through
                                                16 U.S.C. 661-                            Federal labor.
                                                667(e) and P.L.
                                                102-575 Sec.
                                                3406(b)(2) and
                                                (16).
                                        NOAA   Endangered Species   ...................  (1) CA State Water
                                                Act of 1973, 16                           Resources Control
                                                U.S.C. 1361 et                            Board Water Rights
                                                seq., as amended;                         Decision 1485--
                                                Fish and Wildlife                         Interagency Ecological
                                                Coordination Act.                         Program (CALFED
                                                                                          Category A)--formal
                                                                                          MOU among
                                                                                          participating
                                                                                          agencies. Also,
                                                                                          Monitoring Program
                                                                                          under CVPIA. (3)
                                                                                          Implementing through
                                                                                          base funding and
                                                                                          annual appropriations.
Program Management, Oversight &         USBR
 Coordination (Governance).
    Oversight and Coordination..        USBR   ...................  Block Grant          Require authority to
                                                                     Authority.           pass-through funding
                                                                                          to the CBDA for
                                                                                          performance of Program
                                                                                          oversight/coordination
                                                                                          work: annual report,
                                                                                          comprehensive finance
                                                                                          plan, program tracking
                                                                                          of schedules, finances
                                                                                          and performance.
                                      USFWS,   ...................  Authorization to     Require authorization
                                      USBLM,                         participate in       to participate as
                                       USBR,                         State CA Bay-Delta   voting members of the
                                         USACE,                      Authority and        State CA Bay-Delta
                                       USFS,                         programmatic         Authority and
                                       NOAA,                         authority to         programmatic authority
                                       WAPA,                         implement all        to implement efforts
                                       USEPA                         aspects of CALFED    beyond project
                                                                     ROD.                 specific agency
                                                                                          related mission.
    Regulatory compliance              USFWS   ESA, Fish and        ...................  (3) Implementation
     responsibility for Levees,                 Wildlife                                  directly through
     ERP, Watershed, Storage,                   Coordination Act,                         Federal labor.
     and Conveyance programs.                   16 U.S.C. 661-
                                                667(e).
    Regulatory compliance               NOAA   Endangered Species   ...................  (1) CALFED Bay-Delta
     responsibility for all                     Act of 1973, 16                           ROD and Implementation
     CALFED Programs.                           U.S.C. 1361 et                            MOU. (3) Implementing
                                                seq., as amended;                         through base funding
                                                Magnuson-Stevens                          and annual
                                                Fishery                                   appropriations.
                                                Conservation and
                                                Management Act;
                                                Fish and Wildlife
                                                Coordination Act;
                                                Federal Power Act.
Integrated Regional Water
 Management Plans
    Flood Damage Reduction,              USACE FC Act 1962, HR 8    ...................  Feasibility Studies for
     Ecosystem Restoration,                     May 1964, outside                         individual projects
     Recreation, Storage.                       Delta, or Senate                          submitted to Congress
                                                Resolution, 1 June                        for Authorization. Non-
                                                1948, within the                          Federal sponsor(s)
                                                Delta.                                    required.
----------------------------------------------------------------------------------------------------------------
* Legend for comments:
(1) Program/Project Description or Function Authority or Explanation of Discretion,
(2) Example Projects and
(3) Implementation Method--loans contracts and/or grants/cooperative agreements.

Federal Agency Acronym Legend:
NOAA--NOAA Fisheries Service.
NRCS--Natural Resources Conservation Service.
USACE--US Army Corps of Engineers.
USBLM--US Bureau of Land Management.
USBR--US Bureau of Reclamation.
USEPA--US Environmental Protection Agency.
USFS--US Forest Service.
USFWS--US Fish and Wildlife Service.
USGS--US Geological Survey.