Page:United States Statutes at Large Volume 118.djvu/1713

 118 STAT. 1683 PUBLIC LAW 108–361—OCT. 25, 2004 SEC. 103. BAY DELTA PROGRAM. (a) IN GENERAL.— (1) RECORD OF DECISION AS GENERAL FRAMEWORK.—The Record of Decision is approved as a general framework for addressing the Calfed Bay Delta Program, including its compo nents relating to water storage, ecosystem restoration, water supply reliability (including new firm yield), conveyance, water use efficiency, water quality, water transfers, watersheds, the Environmental Water Account, levee stability, governance, and science. (2) REQUIREMENTS.— (A) IN GENERAL.—The Secretary and the heads of the Federal agencies are authorized to carry out the activities described in subsections (c) through (f) consistent with— (i) the Record of Decision; (ii) the requirement that Program activities con sisting of protecting drinking water quality, restoring ecological health, improving water supply reliability (including additional storage, conveyance, and new firm yield), and protecting Delta levees will progress in a balanced manner; and (iii) this title. (B) MULTIPLE BENEFITS.—In selecting activities and projects, the Secretary and the heads of the Federal agen cies shall consider whether the activities and projects have multiple benefits. (b) AUTHORIZED ACTIVITIES.—The Secretary and the heads of the Federal agencies are authorized to carry out the activities described in subsections (c) through (f) in furtherance of the Calfed Bay Delta Program as set forth in the Record of Decision, subject to the cost share and other provisions of this title, if the activity has been— (1) subject to environmental review and approval, as required under applicable Federal and State law; and (2) approved and certified by the relevant Federal agency, following consultation and coordination with the Governor, to be consistent with the Record of Decision. (c) AUTHORIZATIONS FOR FEDERAL AGENCIES UNDER APPLICABLE LAW.— (1) SECRETARY OF THE INTERIOR.—The Secretary of the Interior is authorized to carry out the activities described in paragraphs (1) through (10) of subsection (d), to the extent authorized under the reclamation laws, the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4706), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable law. (2) ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY.—The Administrator of the Environmental Protection Agency is authorized to carry out the activities described in paragraphs (3), (5), (6), (7), (8), and (9) of subsection (d), to the extent authorized under the Federal Water Pollution Con trol Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), and other applicable law. (3) SECRETARY OF THE ARMY.—The Secretary of the Army is authorized to carry out the activities described in paragraphs (1), (2), (6), (7), (8), and (9) of subsection (d), to the extent

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