Subcommittee on Water and Power

Concerning Federal Authorities to Undertake the CALFED Bay-Delta Program

June 28, 2003

Introduction

Chairman Calvert and members of the Subcommittee, I appreciate the opportunity to appear before you today to discuss the CALFED Bay-Delta Program. Last month the subcommittee was briefed on the CALFED Program Budget Crosscut. Today my testimony will focus on the existing Federal authorities and discretion employed to implement the CALFED Program and related activities. I will also address for your consideration the need for further authorization and the importance of pursuing an overarching CALFED program authorization.

Brief CALFED Background and Support

Before I discuss the subject of authorities, I would like to reiterate the Department’s support of the CALFED Program and the concepts embedded in the CALFED Bay-Delta Program Record of Decision (ROD). We particularly support the principle of balanced progress across all elements of the Program. There are four equally important objectives -- water supply reliability, levee system integrity, water quality, and ecosystem restoration -- that are being implemented through eleven program elements, that need to move forward concurrently to ensure overall Program success. It is important that our Federal role and participation enable us to respond to these program objectives in a balanced manner.

It has been almost three years since the issuance of the CALFED Program ROD in August 2000. During this period significant progress has been made in achieving the goals and objectives of the CALFED Program through the collaborative efforts of State and Federal resources. However, our ability to move forward on a broad basis is limited until the Program is fully authorized. Furthermore, with the creation of the new State agency, the California Bay-Delta Authority (Authority), there is a heightened need for Program authorization to clarify the Federal role and participation in the implementation of CALFED Program activities. The Authority was established by State legislation to provide a permanent governance structure for the collaborative State and Federal implementation efforts. The State legislation stipulates that the Authority will sunset on January 1, 2006, unless Federal legislation has been enacted authorizing the participation of the Federal agencies in the Authority.

We believe that the most effective approach to clarify our participation in CALFED governance and emphasize the importance of a balanced approach to CALFED implementation is through Federal legislation that provides overarching program authorization. To that end, we share your desire to see legislation introduced that would provide Federal agencies with the necessary program authorization to advance CALFED plan implementation efforts in conjunction with State and local interests.

Federal Authorities for CALFED Program and Related Activities

Attached is a matrix entitled “Federal Authorities for ROD and Related Activities.” This matrix displays by CALFED program element: (1) existing authorities; (2) our discretion in interpreting and applying such authorities to meet CALFED objectives; (3) the method of implementation, i.e., contracts, grants, loans, cooperative agreements, direct performance by agencies; and (4) example projects being pursued under the CALFED program. The matrix also identifies areas where additional Federal authority is needed to complete specific activities. The eleven program elements include: storage, conveyance, water use efficiency, water transfers, environmental water account, ecosystem restoration, watersheds, drinking water quality, levee stability, science, and program oversight.

With respect to the Department of the Interior, the Bureau of Reclamation has three primary authorities currently being utilized to undertake CALFED related activities. The three authorities include the comprehensive Central Valley Project Improvement Act (Title 34 of P.L. 102-575), the Reclamation Act of 1902, and the Central Valley Project (CVP) Operation and Maintenance responsibilities. The various sections of CVPIA provide authorities to pursue a majority of the program elements of CALFED including storage, conveyance, water transfers, water use efficiency, and agricultural drainage-related activities. The Reclamation Act of 1902 provides general planning (pre-feasibility level) authority. Pursuant to that authority, we are using our discretion to perform CALFED storage and conveyance activities. Our CVP Operation and Maintenance responsibilities permit us to pursue CALFED activities that directly involve CVP changes in facilities and operation requirements.

Authorities used by the Fish and Wildlife Service are numerous;[EVH1] key existing legislation includes the Endangered Species Act of 1973 (16 U.S.C. 1361 et seq., as amended) which provides authority for informal project consultation and establishment of the Cooperative Endangered Species Conservation Fund; the Fish and Wildlife Coordination Act (16 USC 661-667e), which allows administrative contributions and participation in water operations; the Central Valley Project Improvement Act (Title 34 of P.L. 102-575), which provides a mechanism for funding of aquatic and terrestrial restoration efforts; and the Land and Water Conservation Fund (16 USC 4601-4601-11), which authorizes land acquisition for threatened and endangered species, among other purposes.

The Geological Survey is operating under existing program authorities to implement the science program including providing the CALFED lead scientist, improving communication of scientific knowledge, and facilitating the use of best available science.

The matrix is a comprehensive effort by the Federal agencies (ClubFED) actively engaged in the implementation of the CALFED Program ROD. The ClubFED agencies include, with the Department of the Interior, the U.S. Fish and Wildlife Service, the U.S. Bureau of Reclamation, the U.S. Geological Survey, and the U.S. Bureau of Land Management, as well as the U.S. Environmental Protection Agency, the National Oceanic and Atmospheric Administration Fisheries Service, the U.S. Forest Service, the Natural Resources Conservation Service, the U.S. Army Corps of Engineers, and the Western Area Power Administration. Representatives from several of the member agencies are here today and will provide testimony on the details of their respective authorities.

A review of the matrix indicates that minimal Federal authorization is required to implement the CALFED Program. There appear to be three principle areas for which we [EVH2] need Federal legislation:

(1) authorization to implement a long-term Environmental Water Account in a fashion that supports the vision and flexibility envisioned in the ROD;

(2) authorization to study and construct Delta levees as identified in the CALFED ROD; [EVH3] and

(3) authorization to establish the Federal role in the CALFED governance structure.

In addition, there are project specific gaps in agency authorities that would need to be addressed in order to fully participate and complete the actions articulated in the CALFED Program. These would be addressed in the normal project development and project review process. However, we believe that a broad overarching CALFED authorization would effectively fill these authorization gaps and also underscore the importance of balanced implementation efforts; and more clearly establish the Federal role in the CALFED Program governance structure.

Conclusion

Clearly, significant progress has been made under current authorities and appropriated funds to achieve many of the goals and objectives outlined in the CALFED ROD. Specifically, 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, a region of critical importance to California. The Federal authorities that provide our participation to address these efforts have been utilized as reflected in the attached authorization matrix and program element listing. In addition, we are in the process of preparing the expanded authorities table as requested by the Subcommittee. To that end, we share your desire to seek legislation that would provide Federal agencies with necessary Program authorization to implement the CALFED ROD.

This concludes my testimony. Mr. Chairman, I would like to reiterate my appreciation to the Committee and others for continuing to work with the Administration to address the significant water issues facing California. I would be pleased to answer any questions.

Attachment.

CALFED Bay-Delta Program Federal Authorities for ROD and Related Activities