Page:United States Statutes at Large Volume 118.djvu/1727

 118 STAT. 1697 PUBLIC LAW 108–361—OCT. 25, 2004 (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 costs in accordance with the beneficiary pays provisions of the Record of Decision; (v) coordination of public outreach and involve ment, including tribal, environmental justice, and public advisory activities in accordance with the Fed eral Advisory Committee Act (5 U.S.C. App.); and (vi) development of Annual Reports. (B) PROGRAM WIDE ACTIVITIES.—Of the amount referred to in subparagraph (A), not less than 50 percent of the appropriated amount shall be provided to the Cali fornia Bay Delta Authority to carry out Program wide management, oversight, and coordination activities. SEC. 104. MANAGEMENT. (a) COORDINATION.—In carrying out the Calfed Bay Delta Pro gram, 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 com mittee established in accordance with the Federal Advisory Com mittee Act (5 U.S.C. App.) and other appropriate means, to seek input on Program planning and design, technical assistance, and development of peer review science programs. (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 sci entific 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 Cali fornia Bay Delta Authority, as established in the California Bay Delta Authority Act (Cal. Water Code § 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.).

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