H.R.5130 - CALFED Extension Act of 2000106th Congress (1999-2000)
Summary: H.R.5130 — 106th Congress (1999-2000)
CALFED Extension Act of 2000 - Directs certain Federal agencies, acting through the CALFED Bay-Delta Program (the Program), to develop a program to achieve increased water yield and environmental benefits as well as improved water system reliability, water quality, water use efficiency, watershed management, water transfers, and levee protection for the State of California. Requires funding for water supply enhancements and environmental benefits to proceed concomitantly so that adequate progress is made in each area. States that funding for water storage development and conveyance facilities located in the Central Valley and Bay-Delta will occur together. Requires the Federal agencies, in developing water supply options, to consider all potential storage alternatives and utilize a cost/benefit analysis in conjunction with environmental criteria.
Reported to House amended (10/30/2000)
Directs the Secretary of the Interior to develop water supply rule curves that can be used to describe increased water delivery in varying water years.
Authorizes the Secretary, acting through the Bureau of Reclamation, to conduct studies of available water supplies and existing demand within the respective units of the Central Valley Project.
(Sec. 5) Directs: (1) the Federal agencies to participate with certain State agencies to develop a proposed joint structure for managing CALFED operations that will be authorized by Congress and the California Legislature prior to becoming effective; and (2) the Federal and the State agencies (the CALFED agencies) to make such a recommendation to such legislative bodies by May 31, 2001. Directs the Federal agencies to take steps that will encourage public, tribal, and local government involvement in developing such governance proposal.
(Sec. 6) Directs the Federal agencies to: (1) manage the Environmental Water Account (EWA) so that actions taken to avoid jeopardy to endangered and threatened species, enhance species recovery, and protect fish by reducing incidental take related to Central Valley Project, State Water Project, or other water user operations, are accomplished with no annual net loss of water delivered by those projects; and (2) in their operation of the EWA, minimize water quality impacts associated with EWA operations. Requires, if by December 31, 2000, the EWA water purchase targets have not been met, the Federal agencies to continue their efforts to meet such targets as well as cooperate with the State agencies to operate the EWA to avoid jeopardy to such species and to avoid reductions in such Projects or other water user deliveries due to the application of take limits. Requires the Federal ESA (Endangered Species Act) regulatory agencies (the U.S. Fish and Wildlife Service and the National Marine Fisheries Service) to determine if there is likely to be jeopardy to such species from the lack of water in the EWA. Declares that only after: (1) full utilization of the available EWA assets; (2) the use of other water, measures, and resources available to the CALFED agencies, that would not reduce deliveries to water users; and (3) a determination by the Federal ESA regulatory agencies that jeopardy is likely, shall water deliveries be reduced.
(Sec. 7) Requires the CALFED agencies, prior to acquiring land as part of the Program, to first determine that Federal or State owned land is not available to achieve identified Program objectives. Requires the CALFED agencies, in determining whether to acquire additional lands, to consider the cumulative impact on the local government and communities of transferring the property into government ownership and mitigate such impacts. Directs the Federal agencies, no later than January 1, 2001, to develop an assurances program in cooperation with the State agencies and requires the CALFED agencies under this program to partner with landowners and local agencies to develop cooperating landowner commitments that will meet co-equal objectives to achieve local economic and social goals and to implement the ecosystem restoration goals in the CALFED Record of Decision.
(Sec. 8) Requires, for FY 2002, the Secretary to report to specified congressional committees on the proposed projects to be carried out with the Federal portion of the funds to be appropriated pursuant to this Act. Prohibits any project from proceeding without the concurrence of such committees.
(Sec. 9) Requires: (1) on January 1, 2001, the Governor of California to account for all moneys received by California from the Federal FY 2000 appropriations; and (2) on February 1, 2001, the Secretary to provide to the congressional committees a report regarding Program expenditures and accomplishments in achieving the benefits and improvements required by this Act.
(Sec. 10) Authorizes appropriations.
(Sec. 11) Authorizes Program participants to undertake the activities and programs for which Federal cost sharing is provided by this Act. Requires CALFED agencies to ensure that all relevant Federal programs coordinate goal setting, funding, and implementation so as to ensure the most effective expenditure of Federal resources for CALFED related activities.
Requires the Director of the Office of Management and Budget (OMB) to: (1) submit to the congressional committees an interagency budget crosscut report; and (2) prepare a similar budget crosscut report itemizing the proposed fiscal project level funding for 2002.
Requires CALFED agencies to provide to such committees by January 1, 2001: (1) a statement of goals to achieve the benefits and improvements required by this Act; and (2) ecological monitoring plans and protocols. Requires that such monitoring protocols be compatible with the Comprehensive Monitoring Assessment and Research Program and incorporated into all ecosystem projects, grants, and awards of funds appropriated pursuant to this Act. Requires such agencies to collect, directly or through the relevant agencies, all monitoring data and use it to assess the effectiveness of the Ecosystem Restoration Program Plan implementation.
Requires the Federal agencies to ensure: (1) that all aspects of Program components use credible and objective scientific review; and (2) decisions are based on the best available, independent peer-reviewed information.
(Sec. 12) Requires the CALFED agencies to operate in compliance with California water law.