Water Supply, Reliability, and Environmental Improvement Act 2004

118 STAT. 1681 PUBLIC LAW 108–361—OCT. 25, 2004
Public Law 108–361
108th Congress
An Act
To authorize the Secretary of the Interior to implement water supply technology
and infrastructure programs aimed at increasing and diversifying domestic waterresources.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled ,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) S HORT TITLE.—This Act may be cited as the ‘‘Water Supply,
Reliability, and Environmental Improvement Act’’.
(b) T ABLE OF CONTENTS .—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—CALIFORNIA WATER SECURITY AND ENVIRONMENTAL
ENHANCEMENT
Sec. 101. Short title.
Sec. 102. Definitions.Sec. 103. Bay Delta program.Sec. 104. Management.Sec. 105. Reporting requirements.Sec. 106. Crosscut budget.Sec. 107. Federal share of costs.Sec. 108. Compliance with State and Federal law.Sec. 109. Authorization of appropriation.
TITLE II—MISCELLANEOUS
Sec. 201. Salton Sea study program.
Sec. 202. Alder Creek water storage and conservation project feasibility study and
report.
Sec. 203. Folsom Reservoir temperature control device authorization.
TITLE I—CALIFORNIA WATER SECURITY
AND ENVIRONMENTAL ENHANCEMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Calfed Bay-Delta Authorization
Act’’.
SEC. 102. DEFINITIONS.
In this title:
(1) C ALFED BAY -DELTA PROGRAM .—The terms ‘‘Calfed Bay-
Delta Program’’ and ‘‘Program’’ mean the programs, projects,complementary actions, and activities undertaken throughcoordinated planning, implementation, and assessment activi-ties of the State agencies and Federal agencies as set forthin the Record of Decision.Calfed Bay-DeltaAuthorizationAct.Water Supply,
Reliability, andEnvironmentalImprovementAct.California.Oct. 25, 2004
[H.R. 2828]
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(2) C ALIFORNIA BAY -DELTA AUTHORITY .—The terms ‘‘Cali-
fornia Bay-Delta Authority’’ and ‘‘Authority’’ mean the Cali-fornia Bay-Delta Authority, as set forth in the California Bay-Delta Authority Act (Cal. Water Code § 79400 et seq.).
(3) D
ELTA .—The term ‘‘Delta’’ has the meaning given the
term in the Record of Decision.
(4) E NVIRONMENTAL WATER ACCOUNT .—The term ‘‘Environ-
mental Water Account’’ means the Cooperative ManagementProgram established under the Record of Decision.
(5) F
EDERAL 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 ‘‘NOAAFisheries’’);
(E) the Department of Agriculture, including—
(i) the Natural Resources Conservation Service;
and
(ii) the Forest Service; and
(F) the Western Area Power Administration.
(6) F
IRM YIELD .—The term ‘‘firm yield’’ means a quantity
of water from a project or program that is projected to beavailable on a reliable basis, given a specified level of risk,during a critically dry period.
(7) G
OVERNOR .—The term ‘‘Governor’’ means the Governor
of the State of California.
(8) R ECORD OF DECISION .—The term ‘‘Record of Decision’’
means the Calfed Bay-Delta Program Record of Decision, datedAugust 28, 2000.
(9) S
ECRETARY .—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(10) S TATE .—The term ‘‘State’’ means the State of Cali-
fornia.
(11) S TATE 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.
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SEC. 103. BAY DELTA PROGRAM.
(a) I NGENERAL .—
(1) R ECORD OF DECISION AS GENERAL FRAMEWORK .—The
Record of Decision is approved as a general framework foraddressing the Calfed Bay-Delta Program, including its compo-nents relating to water storage, ecosystem restoration, watersupply reliability (including new firm yield), conveyance, wateruse efficiency, water quality, water transfers, watersheds, theEnvironmental Water Account, levee stability, governance, andscience.
(2) R
EQUIREMENTS .—
(A) I N GENERAL .—The Secretary and the heads of the
Federal agencies are authorized to carry out the activitiesdescribed in subsections (c) through (f) consistent with—
(i) the Record of Decision;(ii) the requirement that Program activities con-
sisting of protecting drinking water quality, restoringecological health, improving water supply reliability(including additional storage, conveyance, and newfirm yield), and protecting Delta levees will progressin a balanced manner; and
(iii) this title.
(B) M
ULTIPLE BENEFITS .—In selecting activities and
projects, the Secretary and the heads of the Federal agen-cies shall consider whether the activities and projects havemultiple benefits.
(b) A
UTHORIZED ACTIVITIES .—The Secretary and the heads of
the Federal agencies are authorized to carry out the activitiesdescribed in subsections (c) through (f) in furtherance of the CalfedBay-Delta Program as set forth in the Record of Decision, subjectto the cost-share and other provisions of this title, if the activityhas been—
(1) subject to environmental review and approval, as
required under applicable Federal and State law; and
(2) approved and certified by the relevant Federal agency,
following consultation and coordination with the Governor, tobe consistent with the Record of Decision.(c) A
UTHORIZATIONS FOR FEDERAL AGENCIES UNDER APPLICABLE
LAW.—
(1) S ECRETARY OF THE INTERIOR .—The Secretary of the
Interior is authorized to carry out the activities described inparagraphs (1) through (10) of subsection (d), to the extentauthorized under the reclamation laws, the Central ValleyProject Improvement Act (title XXXIV of Public Law 102–575;106 Stat. 4706), the Fish and Wildlife Coordination Act (16U.S.C. 661 et seq.), the Endangered Species Act of 1973 (16U.S.C. 1531 et seq.), and other applicable law.
(2) A
DMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY .—The Administrator of the Environmental Protection
Agency is authorized to carry out the activities described inparagraphs (3), (5), (6), (7), (8), and (9) of subsection (d), tothe extent authorized under the Federal Water Pollution Con-trol Act (33 U.S.C. 1251 et seq.), the Safe Drinking WaterAct (42 U.S.C. 300f et seq.), and other applicable law.
(3) S
ECRETARY OF THE ARMY .—The Secretary of the Army
is authorized to carry out the activities described in paragraphs(1), (2), (6), (7), (8), and (9) of subsection (d), to the extent
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authorized under flood control, water resource development,
and other applicable law.
(4) S ECRETARY OF COMMERCE .—The Secretary of Commerce
is authorized to carry out the activities described in paragraphs(2), (6), (7), and (9) of subsection (d), to the extent authorizedunder the Fish and Wildlife Coordination Act (16 U.S.C. 661et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531et seq.), and other applicable law.
(5) S
ECRETARY OF AGRICULTURE .—The Secretary of Agri-
culture is authorized to carry out the activities described inparagraphs (3), (5), (6), (7), (8), and (9) of subsection (d), tothe extent authorized under title XII of the Food SecurityAct of 1985 (16 U.S.C. 3801 et seq.), the Farm Security andRural Investment Act of 2002 (Public Law 107–171; 116 Stat.134) (including amendments made by that Act), and otherapplicable law.(d) D
ESCRIPTION OF ACTIVITIES UNDER APPLICABLE LAW.—
(1) W ATER STORAGE .—
(A) I N GENERAL .—Activities under this paragraph con-
sist of—
(i) planning and feasibility studies for projects to
be pursued with project-specific study for enlargementof—
(I) the Shasta Dam in Shasta County; and(II) the Los Vaqueros Reservoir in Contra
Costa County;(ii) planning and feasibility studies for the fol-
lowing 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) S
TORAGE PROJECT AUTHORIZATION AND BALANCED
CALFED IMPLEMENTATION .—
(i) I N GENERAL .—If on completion of the feasibility
study for a project described in clause (i) or (ii) ofsubparagraph (A), the Secretary, in consultation withthe Governor, determines that the project should beconstructed in whole or in part with Federal funds,the Secretary shall submit the feasibility study to Con-gress.
(ii) F
INDING OF IMBALANCE .—If Congress fails to
authorize construction of the project by the end ofthe next full session following the submission of the
feasibility study, the Secretary, in consultation withthe Governor, shall prepare a written determinationmaking a finding of imbalance for the Calfed Bay-Delta Program.
(iii) R
EPORT ON REBALANCING .—
(I) I N GENERAL .—If the Secretary makes a
finding of imbalance for the Program under clause(ii), the Secretary, in consultation with the Gov-ernor, shall, not later than 180 days after theend of the full session described in clause (ii),
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prepare and submit to Congress a report on the
measures necessary to rebalance the Program.
(II) S CHEDULES AND ALTERNATIVES .—The
report shall include preparation of revised sched-ules and identification of alternatives to rebalancethe Program, including resubmission of the projectto Congress with or without modification, construc-tion of other projects, and construction of otherprojects that provide equivalent water supply andother benefits at equal or lesser cost.
(C) W
ATER SUPPLY AND YIELD STUDY .—
(i) I N GENERAL .—The Secretary, acting through the
Bureau of Reclamation and in coordination with theState, shall conduct a study of available water suppliesand existing and future needs for water—
(I) within the units of the Central Valley
Project;
(II) within the area served by Central Valley
Project agricultural, municipal, and industrialwater service contractors; and
(III) within the Calfed Delta solution area.
(ii) R
ELATIONSHIP TO PRIOR STUDY .—In conducting
the study, the Secretary shall incorporate and revise,as necessary, the results of the study required by sec-tion 3408(j) of the Central Valley Project ImprovementAct of 1992 (Public Law 102–575; 106 Stat. 4730).
(iii) R
EPORT .—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submitto the appropriate authorizing and appropriatingcommittees of the Senate and the House of Representa-tives a report describing the results of the study,including—
(I) new firm yield and water supply improve-
ments, if any, for Central Valley Project agricul-tural water service contractors and municipal andindustrial water service contractors, includingthose identified in Bulletin 160;
(II) all water management actions or projects,
including those identified in Bulletin 160, thatwould—
(aa) improve firm yield or water supply;
and
(bb) if taken or constructed, balance avail-
able water supplies and existing demand withdue recognition of water right priorities andenvironmental needs;
(III) the financial costs of the actions and
projects described under subclause (II); and
(IV) the beneficiaries of those actions and
projects and an assessment of the willingness ofthe beneficiaries to pay the capital costs and oper-ation and maintenance costs of the actions andprojects.
(D) M
ANAGEMENT .—The Secretary shall conduct activi-
ties related to developing groundwater storage projects tothe extent authorized under law.
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(E) C OMPREHENSIVE WATER PLANNING .—The Secretary
shall conduct activities related to comprehensive watermanagement planning to the extent authorized under law.(2) C
ONVEYANCE .—
(A) S OUTH DELTA ACTIONS .—
(i) I N GENERAL .—In the case of the South Delta,
activities under this subparagraph consist of—
(I) the South Delta Improvements Program
through actions to—
(aa) increase the State Water Project
export limit to 8,500 cfs;
(bb) install permanent, operable barriers
in the South Delta, under which Federal agen-cies shall cooperate with the State to accel-erate installation of the permanent, operablebarriers in the South Delta, with an intentto complete that installation not later thanSeptember 30, 2007;
(cc) evaluate, consistent with the Record
of Decision, fish screens and intake facilitiesat the Tracy Pumping Plant facilities; and
(dd) increase the State Water Project
export to the maximum capability of 10,300cfs;(II) reduction of agricultural drainage in South
Delta channels, and other actions necessary tominimize the impact of drainage on drinking waterquality;
(III) evaluation of lower San Joaquin River
floodway improvements;
(IV) installation and operation of temporary
barriers in the South Delta until fully operablebarriers are constructed; and
(V) actions to protect navigation and local
diversions not adequately protected by temporarybarriers.(ii) A
CTIONS TO INCREASE PUMPING .—Actions to
increase pumping shall be accomplished in a mannerconsistent with the Record of Decision requirementto avoid redirected impacts and adverse impacts tofishery protection and with any applicable Federal orState law that protects—
(I) water diversions and use (including avoid-
ance of increased costs of diversion) by in-Deltawater users (including in-Delta agricultural usersthat have historically relied on water diverted foruse in the Delta);
(II) water quality for municipal, industrial,
agricultural, and other uses; and
(III) water supplies for areas of origin.
(B) N
ORTH DELTA ACTIONS .—In the case of the North
Delta, activities under this subparagraph consist of—
(i) evaluation and implementation of improved
operational procedures for the Delta Cross Channelto address fishery and water quality concerns;
(ii) evaluation of a screened through-Delta facility
on the Sacramento River; and
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(iii) evaluation of lower Mokelumne River floodway
improvements.(C) I
NTERTIES .—Activities under this subparagraph
consist of—
(i) evaluation and construction of an intertie
between the State Water Project California Aqueductand the Central Valley Project Delta Mendota Canal,near the City of Tracy, as an operation and mainte-nance activity, except that the Secretary shall designand construct the intertie in a manner consistent witha possible future expansion of the intertie capacity(as described in subsection (f)(1)(B)); and
(ii) assessment of a connection of the Central
Valley Project to the Clifton Court Forebay of the StateWater Project, with a corresponding increase in thescreened intake of the Forebay.(D) P
ROGRAM TO MEET STANDARDS .—
(i) I N GENERAL .—Prior to increasing export limits
from the Delta for the purposes of conveying waterto south-of-Delta Central Valley Project contractors orincreasing deliveries through an intertie, the Secretaryshall, not later than 1 year after the date of enactmentof this Act, in consultation with the Governor, developand initiate implementation of a program to meet allexisting water quality standards and objectives forwhich the Central Valley Project has responsibility.
(ii) M
EASURES .—In developing and implementing
the program, the Secretary shall include, to the max-imum extent feasible, the measures described inclauses (iii) through (vii).
(iii) R
ECIRCULATION PROGRAM .—The Secretary
shall incorporate into the program a recirculation pro-gram to provide flow, reduce salinity concentrationsin the San Joaquin River, and reduce the relianceon the New Melones Reservoir for meeting waterquality and fishery flow objectives through the useof excess capacity in export pumping and conveyancefacilities.
(iv) B
EST MANAGEMENT PRACTICES PLAN .—
(I) I N GENERAL .—The Secretary shall develop
and implement, in coordination with the State’sprograms to improve water quality in the SanJoaquin River, a best management practices planto reduce the water quality impacts of the dis-charges from wildlife refuges that receive waterfrom the Federal Government and discharge salt
or other constituents into the San Joaquin River.
(II) C
OORDINATION WITH INTERESTED PAR –
TIES.—The plan shall be developed in coordination
with interested parties in the San Joaquin Valleyand the Delta.
(III) C
OORDINATION WITH ENTITIES THAT DIS –
CHARGE WATER .—The Secretary shall also coordi-
nate activities under this clause with other entitiesthat discharge water into the San Joaquin Riverto reduce salinity concentrations discharged intoDeadline.
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the River, including the timing of discharges to
optimize their assimilation.(v) A
CQUISITION OF WATER .—The Secretary shall
incorporate into the program the acquisition fromwilling sellers of water from streams tributary to theSan Joaquin River or other sources to provide flow,dilute discharges of salt or other constituents, andto improve water quality in the San Joaquin Riverbelow the confluence of the Merced and San JoaquinRivers, and to reduce the reliance on New MelonesReservoir for meeting water quality and fishery flowobjectives.
(vi) P
URPOSE .—The purpose of the authority and
direction provided to the Secretary under this subpara-graph is to provide greater flexibility in meeting theexisting water quality standards and objectives forwhich the Central Valley Project has responsibilityso as to reduce the demand on water from New MelonesReservoir used for that purpose and to assist the Sec-retary in meeting any obligations to Central ValleyProject contractors from the New Melones Project.
(vii) U
PDATING OF NEW MELONES OPERATING
PLAN .—The Secretary shall update the New Melones
operating plan to take into account, among otherthings, the actions described in this title that aredesigned to reduce the reliance on New Melones Res-ervoir for meeting water quality and fishery flow objec-tives, and to ensure that actions to enhance fisheriesin the Stanislaus River are based on the best availablescience.
(3) W
ATER USE EFFICIENCY .—
(A) W ATER CONSERVATION PROJECTS .—Activities under
this paragraph include water conservation projects thatprovide water supply reliability, water quality, and eco-system benefits to the California Bay-Delta system.
(B) T
ECHNICAL ASSISTANCE .—Activities under this
paragraph include technical assistance for urban and agri-cultural water conservation projects.
(C) W
ATER RECYCLING AND DESALINATION PROJECTS .—
Activities under this paragraph include water recyclingand desalination projects, including groundwater remedi-ation projects and projects identified in the Bay Area WaterPlan and the Southern California Comprehensive WaterReclamation and Reuse Study and other projects, givingpriority to projects that include regional solutions to benefitregional water supply and reliability needs.
(D) W
ATER MEASUREMENT AND TRANSFER ACTIONS .—
Activities under this paragraph include water measurementand transfer actions.
(E) U
RBAN WATER CONSERVATION .—Activities under
this paragraph include implementation of best managementpractices for urban water conservation.
(F) R
ECLAMATION AND RECYCLING PROJECTS .—
(i) P ROJECTS .—This subparagraph applies to—
(I) projects identified in the Southern Cali-
fornia Comprehensive Water Reclamation andReuse Study, dated April 2001 and authorized byApplicability.
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section 1606 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C.390h–4); and
(II) projects identified in the San Francisco
Bay Area Regional Water Recycling Programdescribed in the San Francisco Bay Area RegionalWater Recycling Program Recycled Water MasterPlan, dated December 1999 and authorized by sec-tion 1611 of the Reclamation Wastewater andGroundwater Study and Facilities Act (43 U.S.C.390h–9).(ii) D
EADLINE .—Not later than 180 days after the
date of enactment of this Act, the Secretary shall—
(I) complete the review of the existing studies
of the projects described in clause (i); and
(II) make the feasibility determinations
described in clause (iii).(iii) F
EASIBILITY DETERMINATIONS .—A project
described in clause (i) is presumed to be feasible ifthe Secretary determines for the project—
(I) in consultation with the affected local spon-
soring agency and the State, that the existing plan-ning and environmental studies for the project(together with supporting materials and docu-mentation) have been prepared consistent withBureau of Reclamation procedures for projectsunder consideration for financial assistance underthe Reclamation Wastewater and GroundwaterStudy and Facilities Act (43 U.S.C. 390h et seq.);and
(II) that the planning and environmental
studies for the project (together with supportingmaterials and documentation) demonstrate thatthe project will contribute to the goals of improvingwater supply reliability in the Calfed solution areaor the Colorado River Basin within the State andotherwise meets the requirements of section 1604of the Reclamation Wastewater and GroundwaterStudy and Facilities Act (43 U.S.C. 390h–2).(iv) R
EPORT .—Not later than 90 days after the
date of completion of a feasibility study or the reviewof a feasibility study under this subparagraph, theSecretary shall submit to the appropriate authorizingand appropriating committees of the Senate and theHouse of Representatives a report describing theresults of the study or review.
(4) W
ATER TRANSFERS .—Activities under this paragraph
consist of—
(A) increasing the availability of existing facilities for
water transfers;
(B) lowering transaction costs through permit stream-
lining; and
(C) maintaining a water transfer information clearing-
house.(5) I
NTEGRATED REGIONAL WATER MANAGEMENT PLANS .—
Activities under this paragraph consist of assisting local and
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regional communities in the State in developing and imple-
menting integrated regional water management plans to carryout projects and programs that improve water supply reliability,water quality, ecosystem restoration, and flood protection, ormeet other local and regional needs, in a manner that is con-sistent with, and makes a significant contribution to, the CalfedBay-Delta Program.
(6) E
COSYSTEM RESTORATION .—
(A) I N GENERAL .—Activities under this paragraph con-
sist of—
(i) implementation of large-scale restoration
projects in San Francisco Bay and the Delta and itstributaries;
(ii) restoration of habitat in the Delta, San Pablo
Bay, and Suisun Bay and Marsh, including tidal wet-land and riparian habitat;
(iii) fish screen and fish passage improvement
projects, including the Sacramento River Small Diver-sion Fish Screen Program;
(iv) implementation of an invasive species pro-
gram, including prevention, control, and eradication;
(v) development and integration of Federal and
State agricultural programs that benefit wildlife intothe Ecosystem Restoration Program;
(vi) financial and technical support for locally-
based collaborative programs to restore habitat whileaddressing the concerns of local communities;
(vii) water quality improvement projects to manage
or reduce concentrations of salinity, selenium, mercury,pesticides, trace metals, dissolved oxygen, turbidity,sediment, and other pollutants;
(viii) land and water acquisitions to improve
habitat and fish spawning and survival in the Deltaand its tributaries;
(ix) integrated flood management, ecosystem res-
toration, and levee protection projects;
(x) scientific evaluations and targeted research on
Program activities; and
(xi) strategic planning and tracking of Program
performance.(B) R
EPORTING REQUIREMENTS .—The Secretary or the
head of the relevant Federal agency (as appropriate underclause (ii)) shall provide to the appropriate authorizingcommittees of the Senate and the House of Representativesand other appropriate parties in accordance with thissubparagraph—
(i) an annual ecosystem program plan report in
accordance with subparagraph (C); and
(ii) detailed project reports in accordance with
subparagraph (D).(C) A
NNUAL ECOSYSTEM PROGRAM PLAN .—
(i) I N GENERAL .—Not later than October 1 of each
year, with respect to each ecosystem restoration actioncarried out using Federal funds under this title, theSecretary, in consultation with the Governor, shallsubmit to the appropriate authorizing committees ofReports.
Deadlines.
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the Senate and the House of Representatives an annual
ecosystem program plan report.
(ii) P URPOSES .—The purposes of the report are—
(I) to describe the projects and programs to
implement this subsection in the following fiscalyear; and
(II) to establish priorities for funding the
projects and programs for subsequent fiscal years.(iii) C
ONTENTS .—The report shall describe—
(I) the goals and objectives of the programs
and projects;
(II) program accomplishments;(III) major activities of the programs;(IV) the Federal agencies involved in each
project or program identified in the plan and thecost-share arrangements with cooperating agen-cies;
(V) the resource data and ecological monitoring
data to be collected for the restoration projectsand how the data are to be integrated, streamlined,and designed to measure the effectiveness andoverall trend of ecosystem health in the Bay-Deltawatershed;
(VI) implementation schedules and budgets;(VII) existing monitoring programs and
performance measures;
(VIII) the status and effectiveness of measures
to minimize the impacts of the program on agricul-tural land; and
(IX) a description of expected benefits of the
restoration program relative to the cost.(iv) S
PECIAL RULE FOR LAND ACQUISITION USING
FEDERAL FUNDS .—For each ecosystem restoration
project involving land acquisition using Federal fundsunder this title, the Secretary shall—
(I) identify the specific parcels to be acquired
in the annual ecosystem program plan reportunder this subparagraph; or
(II) not later than 150 days before the project
is approved, provide to the appropriate authorizingcommittees of the Senate and the House of Rep-resentatives, the United States Senators from theState, and the United States Representative whosedistrict would be affected, notice of any such pro-posed land acquisition using Federal funds underthis title submitted to the Federal or State agency.
(D) D
ETAILED PROJECT REPORTS .—
(i) I N GENERAL .—In the case of each ecosystem
restoration program or project funded under this titlethat is not specifically identified in an annual eco-system program plan under subparagraph (C), not laterthan 45 days prior to approval, the Secretary, incoordination with the State, shall submit to the appro-priate authorizing committees of the Senate and theHouse of Representatives recommendations on the pro-posed program or project.
(ii) C
ONTENTS .—The recommendations shall—Deadline.Notices.
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(I) describe the selection of the program or
project, including the level of public involvementand independent science review;
(II) describe the goals, objectives, and
implementation schedule of the program or project,and the extent to which the program or projectaddresses regional and programmatic goals andpriorities;
(III) describe the monitoring plans and
performance measures that will be used for evalu-ating the performance of the proposed programor project;
(IV) identify any cost-sharing arrangements
with cooperating entities;
(V) identify how the proposed program or
project will comply with all applicable Federal andState laws, including the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4321 et seq.); and
(VI) in the case of any program or project
involving the acquisition of private land using Fed-eral funds under this title—
(aa) describe the process and timing of
notification of interested members of thepublic and local governments;
(bb) describe the measures taken to mini-
mize impacts on agricultural land pursuantto the Record of Decision; and
(cc) include preliminary management
plans for all properties to be acquired withFederal funds, including an overview ofexisting conditions (including habitat types inthe affected project area), the expectedecological benefits, preliminary cost estimates,and implementation schedules.
(7) W
ATERSHEDS .—Activities under this paragraph consist
of—
(A) building local capacity to assess and manage water-
sheds affecting the Delta system;
(B) technical assistance for watershed assessments and
management plans; and
(C) developing and implementing locally-based water-
shed conservation, maintenance, and restoration actions.(8) W
ATER QUALITY .—Activities under this paragraph con-
sist of—
(A) addressing drainage problems in the San Joaquin
Valley to improve downstream water quality (including
habitat restoration projects that improve water quality)if—
(i) a plan is in place for monitoring downstream
water quality improvements; and
(ii) State and local agencies are consulted on the
activities to be funded;
except that no right, benefit, or privilege is created asa result of this subparagraph;
(B) implementation of source control programs in the
Delta and its tributaries;
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(C) developing recommendations through scientific
panels and advisory council processes to meet the CalfedBay-Delta Program goal of continuous improvement inDelta water quality for all uses;
(D) investing in treatment technology demonstration
projects;
(E) controlling runoff into the California aqueduct, the
Delta-Mendota Canal, and other similar conveyances;
(F) addressing water quality problems at the North
Bay Aqueduct;
(G) supporting and participating in the development
of projects to enable San Francisco Bay Area water dis-tricts, and water entities in San Joaquin and SacramentoCounties, to work cooperatively to address their waterquality and supply reliability issues, including—
(i) connections between aqueducts, water transfers,
water conservation measures, institutional arrange-ments, and infrastructure improvements that encour-age regional approaches; and
(ii) investigations and studies of available capacity
in a project to deliver water to the East Bay MunicipalUtility District under its contract with the Bureauof Reclamation, dated July 20, 2001, in order to deter-mine if such capacity can be utilized to meet the objec-tives of this subparagraph;(H) development of water quality exchanges and other
programs to make high quality water available for urbanand other users;
(I) development and implementation of a plan to meet
all Delta water quality standards for which the Federaland State water projects have responsibility;
(J) development of recommendations through science
panels and advisory council processes to meet the CalfedBay-Delta Program goal of continuous improvement inwater quality for all uses; and
(K) projects that are consistent with the framework
of the water quality component of the Calfed Bay-DeltaProgram.(9) S
CIENCE .—Activities under this paragraph consist of—
(A) supporting establishment and maintenance of an
independent science board, technical panels, and standingboards to provide oversight and peer review of the Program;
(B) conducting expert evaluations and scientific assess-
ments of all Program elements;
(C) coordinating existing monitoring and scientific
research programs;
(D) developing and implementing adaptive manage-
ment experiments to test, refine, and improve scientificunderstandings;
(E) establishing performance measures, and monitoring
and evaluating the performance of all Program elements;and
(F) preparing an annual science report.
(10) D
IVERSIFICATION OF WATER SUPPLIES .—Activities under
this paragraph consist of actions to diversify sources of level2 refuge supplies and modes of delivery to refuges whilemaintaining the diversity of level 4 supplies pursuant to sectionReports.
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3406(d)(2) of the Central Valley Project Improvement Act
(Public Law 102–575; 106 Stat. 4723).(e) N
EW AND EXPANDED AUTHORIZATIONS FOR FEDERAL AGEN-
CIES.—
(1) I N GENERAL .—The heads of the Federal agencies
described in this subsection are authorized to carry out theactivities described in subsection (f) during each of fiscal years2005 through 2010, in coordination with the Governor.
(2) S
ECRETARY OF THE INTERIOR .—The Secretary of the
Interior is authorized to carry out the activities described inparagraphs (1), (2), and (4) of subsection (f).
(3) A
DMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY AND THE SECRETARIES OF AGRICULTURE AND COM –
MERCE .—The Administrator of the Environmental Protection
Agency, the Secretary of Agriculture, and the Secretary ofCommerce are authorized to carry out the activities describedin subsection (f)(4).
(4) S
ECRETARY OF THE ARMY .—The Secretary of the Army
is authorized to carry out the activities described in paragraphs(3) and (4) of subsection (f).(f) D
ESCRIPTION OF ACTIVITIES UNDER NEW AND EXPANDED
AUTHORIZATIONS .—
(1) C ONVEYANCE .—Of the amounts authorized to be appro-
priated under section 109, not more than $184,000,000 maybe expended for the following:
(A) S
AN LUIS RESERVOIR .—Funds may be expended for
feasibility studies, evaluation, and implementation of theSan Luis Reservoir lowpoint improvement project, exceptthat Federal participation in any construction of anexpanded Pacheco Reservoir shall be subject to futurecongressional authorization.
(B) I
NTERTIE .—Funds may be expended for feasibility
studies and evaluation of increased capacity of the intertiebetween the State Water Project California Aqueduct andthe Central Valley Project Delta Mendota Canal.
(C) F
RANKS TRACT .—Funds may be expended for feasi-
bility studies and actions at Franks Tract to improve waterquality in the Delta.
(D) C
LIFTON COURT FOREBAY AND THE TRACY PUMPING
PLANT .—Funds may be expended for feasibility studies and
design of fish screen and intake facilities at Clifton CourtForebay and the Tracy Pumping Plant facilities.
(E) D
RINKING WATER INTAKE FACILITIES .—
(i) I N GENERAL .—Funds may be expended for
design and construction of the relocation of drinkingwater intake facilities to in-Delta water users.
(ii) D
RINKING WATER QUALITY .—The Secretary
shall coordinate actions for relocating intake facilitieson a time schedule consistent with subsection(d)(2)(A)(i)(I)(bb) or take other actions necessary tooffset the degradation of drinking water quality inthe Delta due to the South Delta Improvement Pro-gram.(F) N
EW MELONES RESERVOIR .—
(i) I N GENERAL .—In addition to the other
authorizations granted to the Secretary by this title,the Secretary shall acquire water from willing sellers
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and undertake other actions designed to decrease
releases from the New Melones Reservoir for meetingwater quality standards and flow objectives for whichthe Central Valley Project has responsibility to assistin meeting allocations to Central Valley Project con-tractors from the New Melones Project.
(ii) P
URPOSE .—The authorization under this
subparagraph is solely meant to add flexibility for theSecretary to meet any obligations of the Secretary tothe Central Valley Project contractors from the NewMelones Project by reducing demand for water dedi-cated to meeting water quality standards in the SanJoaquin River.
(iii) F
UNDING .—Of the amounts authorized to be
appropriated under section 109, not more than$30,000,000 may be expended to carry out clause (i).(G) R
ECIRCULATION OF EXPORT WATER .—Funds may
be used to conduct feasibility studies, evaluate, and, iffeasible, implement the recirculation of export water toreduce salinity and improve dissolved oxygen in the SanJoaquin River.(2) E
NVIRONMENTAL WATER ACCOUNT .—
(A) I N GENERAL .—Of the amounts authorized to be
appropriated under section 109, not more than $90,000,000may be expended for implementation of the EnvironmentalWater Account.
(B) N
ONREIMBURSABLE FEDERAL EXPENDITURE .—
Expenditures under subparagraph (A) shall be considereda nonreimbursable Federal expenditure in recognition ofthe payments of the contractors of the Central ValleyProject to the Restoration Fund created by the CentralValley Project Improvement Act (Title XXXIV of PublicLaw 102–575; 106 Stat. 4706).
(C) U
SE OF RESTORATION FUND .—
(i) I N GENERAL .—Of the amounts appropriated for
the Restoration Fund for each fiscal year, an amountnot to exceed $10,000,000 for any fiscal year may beused to implement the Environmental Water Accountto the extent those actions are consistent with thefish and wildlife habitat restoration and improvementpurposes of the Central Valley Project ImprovementAct.
(ii) A
CCOUNTING .—Any such use of the Restoration
Fund shall count toward the 33 percent of funds madeavailable to the Restoration Fund that, pursuant tosection 3407(a) of the Central Valley Project Improve-
ment Act, are otherwise authorized to be appropriatedto the Secretary to carry out paragraphs (4) through(6), (10) through (18), and (20) through (22) of section3406(b) of that Act.
(iii) F
EDERAL FUNDING .—The $10,000,000 limita-
tion on the use of the Restoration Fund for the Environ-mental Water Account under clause (i) does not limitthe appropriate amount of Federal funding for theEnvironmental Water Account.
(3) L
EVEE STABILITY .—
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(A) I N GENERAL .—For purposes of implementing the
Calfed Bay-Delta Program within the Delta (as definedin Cal. Water Code § 12220)), the Secretary of the Army
is authorized to undertake the construction andimplementation of levee stability programs or projects forsuch purposes as flood control, ecosystem restoration, watersupply, water conveyance, and water quality objectives.
(B) R
EPORT .—Not later than 180 days after the date
of enactment of this Act, the Secretary of the Army shallsubmit to the appropriate authorizing and appropriatingcommittees of the Senate and the House of Representativesa report that describes the levee stability reconstructionprojects and priorities that will be carried out under thistitle during each of fiscal years 2005 through 2010.
(C) S
MALL FLOOD CONTROL PROJECTS .—Notwith-
standing the project purpose, the authority granted undersection 205 of the Flood Control Act of 1948 (33 U.S.C.701s) shall apply to each project authorized under thisparagraph.
(D) P
ROJECTS .—Of the amounts authorized to be appro-
priated under section 109, not more than $90,000,000 maybe expended to—
(i) reconstruct Delta levees to a base level of protec-
tion (also known as the ‘‘Public Law 84–99 standard’’);
(ii) enhance the stability of levees that have par-
ticular importance in the system through the DeltaLevee Special Improvement Projects Program;
(iii) develop best management practices to control
and reverse land subsidence on Delta islands;
(iv) develop a Delta Levee Emergency Management
and Response Plan that will enhance the ability ofFederal, State, and local agencies to rapidly respondto levee emergencies;
(v) develop a Delta Risk Management Strategy
after assessing the consequences of Delta levee failurefrom floods, seepage, subsidence, and earthquakes;
(vi) reconstruct Delta levees using, to the max-
imum extent practicable, dredged materials from theSacramento River, the San Joaquin River, and theSan Francisco Bay in reconstructing Delta levees;
(vii) coordinate Delta levee projects with flood
management, ecosystem restoration, and levee protec-tion projects of the lower San Joaquin River and lowerMokelumne River floodway improvements and otherprojects under the Sacramento-San Joaquin Com-prehensive Study; and
(viii) evaluate and, if appropriate, rehabilitate the
Suisun Marsh levees.
(4) P
ROGRAM MANAGEMENT , OVERSIGHT , AND COORDINA –
TION .—
(A) I N GENERAL .—Of the amounts authorized to be
appropriated under section 109, not more than $25,000,000may be expended by the Secretary or the other headsof Federal agencies, either directly or through grants, con-tracts, or cooperative agreements with agencies of theState, for—
(i) Program support;Applicability.
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(ii) Program-wide tracking of schedules, finances,
and performance;
(iii) multiagency oversight and coordination of Pro-
gram activities to ensure Program balance and integra-tion;
(iv) development of interagency cross-cut budgets
and a comprehensive finance plan to allocate costsin accordance with the beneficiary pays provisions ofthe Record of Decision;
(v) coordination of public outreach and involve-
ment, including tribal, environmental justice, andpublic advisory activities in accordance with the Fed-eral Advisory Committee Act (5 U.S.C. App.); and
(vi) development of Annual Reports.
(B) P
ROGRAM -WIDE ACTIVITIES .—Of the amount
referred to in subparagraph (A), not less than 50 percentof the appropriated amount shall be provided to the Cali-fornia Bay-Delta Authority to carry out Program-widemanagement, oversight, and coordination activities.
SEC. 104. MANAGEMENT.
(a) C OORDINATION .—In carrying out the Calfed Bay-Delta Pro-
gram, the Federal agencies shall coordinate their activities withthe State agencies.
(b) P
UBLIC PARTICIPATION .—In carrying out the Calfed Bay-
Delta Program, the Federal agencies shall cooperate with localand tribal governments and the public through an advisory com-mittee established in accordance with the Federal Advisory Com-mittee Act (5 U.S.C. App.) and other appropriate means, to seekinput on Program planning and design, technical assistance, anddevelopment of peer review science programs.
(c) S
CIENCE .—In carrying out the Calfed Bay-Delta Program,
the Federal agencies shall seek to ensure, to the maximum extentpracticable, 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 sci-
entific information.
(d) G
OVERNANCE .—
(1) I N GENERAL .—In carrying out the Calfed Bay-Delta
Program, the Secretary and the Federal agency heads areauthorized to participate as nonvoting members of the Cali-fornia Bay-Delta Authority, as established in the CaliforniaBay-Delta Authority Act (Cal. Water Code § 79400 et seq.),to the extent consistent with Federal law, for the full durationof the period the Authority continues to be authorized by Statelaw.
(2) R
ELATIONSHIP TO FEDERAL LAW AND AGENCIES .—
Nothing in this subsection shall preempt or otherwise affectany Federal law or limit the statutory authority of any Federalagency.
(3) C
ALIFORNIA BAY -DELTA AUTHORITY .—
(A) A DVISORY COMMITTEE .—The California Bay-Delta
Authority shall not be considered an advisory committeewithin the meaning of the Federal Advisory CommitteeAct (5 U.S.C. App.).
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(B) F INANCIAL INTEREST .—The financial interests of
the California Bay-Delta Authority shall not be imputedto any Federal official participating in the Authority.
(C) E
THICS REQUIREMENTS .—A Federal official partici-
pating in the California Bay-Delta Authority shall remainsubject to Federal financial disclosure and conflict ofinterest laws and shall not be subject to State financialdisclosure and conflict of interest laws.
(e) E
NVIRONMENTAL JUSTICE .—The Federal agencies, consistent
with Executive Order 12898 (59 Fed. Reg. 7629), should continueto 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 jus-
tice challenges referred to in the Calfed Bay-Delta ProgramEnvironmental Justice Workplan, dated December 13, 2000.(f) L
AND ACQUISITION .—Federal funds appropriated by Congress
specifically for implementation of the Calfed Bay-Delta Programmay be used to acquire fee title to land only where consistentwith the Record of Decision.
SEC. 105. REPORTING REQUIREMENTS.
(a) R EPORT .—
(1) I N GENERAL .—Not later than February 15 of each year,
the Secretary, in cooperation with the Governor, shall submitto the appropriate authorizing and appropriating committeesof the Senate and the House of Representatives a report that—
(A) describes the status of implementation of all compo-
nents of the Calfed Bay-Delta Program;
(B) sets forth any written determination resulting from
the review required under subsection (b) or section103(d)(1)(B); and
(C) includes any revised schedule prepared under sub-
section (b) or section 103(d)(1)(B)(iii)(II).(2) C
ONTENTS .—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 ina 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 imple-
menting the Program;
(D) accomplishments during the past fiscal year in
achieving the objectives of additional and improved—
(i) water storage;(ii) water quality, including—
(I) the water quality targets described in sec-
tion 2.2.9 of the Record of Decision; and
(II) any pending actions that may affect the
ability of the Calfed Bay-Delta Program to achievethose targets and requirements;(iii) water use efficiency;(iv) ecosystem restoration;(v) watershed management;(vi) levee system integrity;(vii) water transfers;
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(viii) water conveyance;
(ix) water supply reliability (including new firm
yield), including progress in achieving the water supplytargets described in section 2.2.4 of the Record of Deci-sion and any pending actions that may affect the abilityof the Calfed Bay-Delta Program to achieve those tar-gets; and
(x) the uses and assets of the environmental water
account described in section 2.2.7 of the Record ofDecision;(E) Program goals, current schedules, and relevant
financing agreements, including funding levels necessaryto achieve completion of the feasibility studies and environ-mental documentation for the surface storage projectsidentified in section 103 by not later than September 30,2008;
(F) progress on—
(i) storage projects;(ii) conveyance improvements;(iii) levee improvements;(iv) water quality projects; and(v) water use efficiency programs;
(G) completion of key projects and milestones identified
in the Ecosystem Restoration Program, including progresson project effectiveness, monitoring, and accomplishments;
(H) development and implementation of local programs
for watershed conservation and restoration;
(I) progress in improving water supply reliability and
implementing the Environmental Water Account;
(J) achievement of commitments under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and endangeredspecies law of the State;
(K) implementation of a comprehensive science pro-
gram;
(L) progress toward acquisition of the Federal and
State permits (including permits under section 404(a) ofthe Federal Water Pollution Control Act (33 U.S.C.1344(a))) for implementation of projects in all identifiedProgram areas;
(M) progress in achieving benefits in all geographic
regions covered by the Program;
(N) legislative action on—
(i) water transfer;(ii) groundwater management;(iii) water use efficiency; and(iv) governance;
(O) the status of complementary actions;(P) the status of mitigation measures; and(Q) revisions to funding commitments and Program
responsibilities.
(b) A
NNUAL REVIEW OF PROGRESS AND BALANCE .—
(1) I N GENERAL .—Not later than November 15 of each
year, the Secretary, in cooperation with the Governor, shallreview progress in implementing the Calfed Bay-Delta Programbased on—
(A) consistency with the Record of Decision; andDeadline.
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(B) balance in achieving the goals and objectives of
the Calfed Bay-Delta Program.(2) R
EVISED SCHEDULE .—If, at the conclusion of each such
annual review or if a timely annual review is not undertaken,the Secretary or the Governor determines in writing that eitherthe Program implementation schedule has not been substan-tially adhered to, or that balanced progress in achieving thegoals and objectives of the Program is not occurring, the Sec-retary and the Governor, in coordination with the Bay-DeltaPublic Advisory Committee, shall prepare a revised scheduleto achieve balanced progress in all Calfed Bay-Delta Programelements consistent with the intent of the Record of Decision.(c) F
EASIBILITY STUDIES .—Any feasibility studies completed as
a result of this title shall include identification of project benefitsand a cost allocation plan consistent with the beneficiaries payprovisions of the Record of Decision.
SEC. 106. CROSSCUT BUDGET.
(a) I NGENERAL .—The President’s budget shall include such
requests as the President considers necessary and appropriate forthe appropriate level of funding for each of the Federal agenciesto carry out its responsibilities under the Calfed Bay-Delta Program.
(b) R
EQUESTS BY FEDERAL AGENCIES .—The funds shall be
requested for the Federal agency with authority and programmaticresponsibility for the obligation of the funds, in accordance withsubsections (b) through (f) of section 103.
(c) R
EPORT .—Not later than 30 days after submission of the
budget of the President to Congress, the Director of the Officeof Management and Budget, in coordination with the Governor,shall submit to the appropriate authorizing and appropriatingcommittees of the Senate and the House of Representatives a finan-cial report certified by the Secretary containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any inter-
agency or intra-agency transfer, for each of the Federalagencies to carry out the Calfed Bay-Delta Program forthe upcoming fiscal year, separately showing fundingrequested under both pre-existing authorities and underthe new authorities granted by this title; and
(B) identifies all expenditures since 1998 by the Fed-
eral and State governments to achieve the objectives ofthe Calfed Bay-Delta Program;(2) a detailed accounting of all funds received and obligated
by all Federal agencies and State agencies responsible for imple-menting the Calfed Bay-Delta Program during the previousfiscal year;
(3) a budget for the proposed projects (including a descrip-
tion of the project, authorization level, and project status) tobe carried out in the upcoming fiscal year with the Federalportion of funds for activities under subsections (b) through(f) of section 103; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activitiesunder subsections (b) through (f) of section 103.
SEC. 107. FEDERAL SHARE OF COSTS.
(a) I NGENERAL .—The Federal share of the cost of implementing
the Calfed Bay-Delta Program for fiscal years 2005 through 2010
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in the aggregate, as set forth in the Record of Decision, shall
not exceed 33.3 percent.
(b) P AYMENT FOR BENEFITS .—The Secretary shall ensure that
all beneficiaries, including beneficiaries of environmental restora-tion and other Calfed program elements, shall pay for the benefitreceived from all projects or activities carried out under the CalfedBay-Delta Program.
(c) I
NTEGRATED RESOURCE PLANNING .—Federal expenditures for
the Calfed Bay-Delta Program shall be implemented in a mannerthat encourages integrated resource planning.
SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.
Nothing in this title—
(1) invalidates or preempts State water law or an interstate
compact governing water;
(2) alters the rights of any State to any appropriated share
of the waters of any body of surface or ground water;
(3) preempts or modifies any State or Federal law or inter-
state compact governing water quality or disposal;
(4) confers on any non-Federal entity the ability to exercise
any Federal right to the waters of any stream or to any groundwater resource; or
(5) alters or modifies any provision of existing Federal
law, except as specifically provided in this title.
SEC. 109. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to the Secretary and
the heads of the Federal agencies to pay the Federal share ofthe cost of carrying out the new and expanded authorities describedin subsections (e) and (f) of section 103 $389,000,000 for the periodof fiscal years 2005 through 2010, to remain available untilexpended.
TITLE II—MISCELLANEOUS
SEC. 201. SALTON SEA STUDY PROGRAM.
Not later than December 31, 2006, the Secretary of the Interior,
in coordination with the State of California and the Salton SeaAuthority, shall complete a feasibility study on a preferred alter-native for Salton Sea restoration.
SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVATION
PROJECT FEASIBILITY STUDY AND REPORT.
(a) S TUDY .—Pursuant to Federal reclamation law (the Act of
June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplementalto and amendatory of that Act (43 U.S.C. 371 et seq.)), the Secretaryof the Interior (referred to in this section as the ‘‘Secretary’’),through the Bureau of Reclamation, and in consultation andcooperation with the El Dorado Irrigation District, is authorizedto conduct a study to determine the feasibility of constructinga project on Alder Creek in El Dorado County, California, to storewater and provide water supplies during dry and critically dryyears for consumptive use, recreation, in-stream flows, irrigation,and power production.
(b) R
EPORT .—
(1) T RANSMISSION .—On completion of the study authorized
by subsection (a), the Secretary shall transmit to the CommitteeDeadline.
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LEGISLATIVE HISTORY—H.R. 2828:
HOUSE REPORTS: No. 108–573, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 9, considered and passed House.Sept. 15, considered and passed Senate, amended.Oct. 6, House concurred in Senate amendment.on Resources of the House of Representatives and the Com-mittee on Energy and Natural Resources of the Senate a reportcontaining the results of the study.
(2) C
ONTENTS OF REPORT .—The report shall contain appro-
priate cost sharing options for the implementation of the projectbased on the use and possible allocation of any stored water.
(3) U
SE OF AVAILABLE MATERIALS .—In developing the report
under this section, the Secretary shall use reports and anyother relevant information supplied by the El Dorado IrrigationDistrict.(c) C
OSTSHARE .—
(1) F EDERAL SHARE .—The Federal share of the costs of
the feasibility study authorized by this section shall not exceed50 percent of the total cost of the study.
(2) I
N-KIND CONTRIBUTION FOR NON -FEDERAL SHARE .—The
Secretary may accept as part of the non-Federal cost sharethe contribution such in-kind services by the El Dorado Irriga-tion District as the Secretary determines will contribute tothe conduct and completion of the study.(d) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $3,000,000.
SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE
AUTHORIZATION.
Section 1(c) of Public Law 105–295 (112 Stat. 2820) (as amended
by section 219(b) of Public Law 108–137 (117 Stat. 1853)) isamended in the second sentence by striking ‘‘$3,500,000’’ andinserting ‘‘$6,250,000’’.
Approved October 25, 2004.
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