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HomeMy WebLinkAboutMINUTES - 07132010 - C.54RECOMMENDATION(S): SUPPORT in CONCEPT a bill authored by Senator Dianne Feinstein to establish the Sacramento-San Joaquin Delta as a National Heritage Area and recognize local outreach efforts to engage stakeholders in the bill development, as recommended by Supervisor Piepho. FISCAL IMPACT: The bill would appropriate: • $2 million to carry out the Heritage Area management plan; the total amount available shall not exceed $20 million. • $2 million for the first year and such sums as are necessary in each of the following 9 years for the Heritage Area strategic plan. The Federal share of the costs of any activity under this Act shall be determined by the Secretary, but shall be no more than 50%. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/13/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 13, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 54 To:Board of Supervisors From:Supervisor Mary N. Piepho Date:July 13, 2010 Contra Costa County Subject:SUPPORT in CONCEPT a Bill by Senator Feinstein to Establish the Delta as a National Heritage Area BACKGROUND: DELTA HERITAGE AREA PROPOSAL The Delta Counties Coalition (Contra Costa, Sacramento, San Joaquin, Solano and Yolo) has been working together for several years on water and Delta issues and conceptually supports an initiative of U.S. Senator Dianne Feinstein to authorize and fund a National Heritage Area (NHA) for the Delta. The NHA designation would be a first step in providing federal resources to agencies in the Delta for economic development and environmental protection. This report describes the NHA designation and Senator Feinstein’s legislative proposal. What is a National Heritage Area (NHA)? An NHA is defined as a place designated by Congress where natural, cultural, historic and recreation resources combine to form a cohesive, nationally-distinctive landscape arising from patterns of human activity shaped by geography. These areas tell nationally important stories about our nation and are representative of the national experience through both the physical features that remain and the traditions that have evolved within. The NHA program is administered by the National Park Service (NPS) and each heritage area is typically managed by a state or local entity. Since 1984, 49 NHAs have been created. The NHA designation for the Delta was first proposed in 2008 by the Governor’s Delta Vision Blue Ribbon Task Force, which was charged with identifying a strategy for managing the Delta as a sustainable ecosystem that would continue to support environmental and economic functions that are critical to the people of California. The NHA designation was proposed as a way to provide federal assistance for economic development and resource protection activities. In 2009, the Delta Protection Commission initiated a feasibility study for a Delta Heritage Area. NHAs are not NPS facilities. There are no federal land use controls implemented with the NHA designation and no federal land acquisition authority is granted in the designation process. Why is Senator Feinstein proposing a NHA for the Delta? In 2010, Senator Feinstein offered to establish and fund an NHA through legislation as a way to expedite federal funds to agencies in the Delta for economic development and environmental protection activities. The Delta Counties Coalition believe such an approach could improve the ability for local agencies to advocate for Delta interests as state agencies move forward with their plans to improve water conveyance through the Delta for export to other areas. Without the Feinstein proposal, federal funds would not be available until after a NHA proposal is funded, prepared and receives NPS approval – which is at least two to three year process. What is Senator Feinstein’s NHA Proposal? Senator Feinstein’s legislative proposal establishes the Delta Heritage Area using the boundaries of the Delta “Primary Zone” as defined in state statute. In Contra Costa County, this includes Jersey and Holland Islands; Bradford, Webb and Orwood Tracts; and the Knightsen area. Federal funding in the Delta Heritage Area will be governed by two plans: the Heritage Area Management Plan prepared by the Delta Protection Commission, and the Heritage Area Strategic Plan prepared by the Delta Conservancy (an agency established by the state this year). Both plans will be submitted to the U.S. Secretary of Interior one year after the proposal, or Act, becomes law. The Heritage Area Management Plan will: • Include a description of actions to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, ecological, agricultural and recreational resources of the Delta; • Specify funding, economic strategies, policies and a program for implementation; • Ensure the participation by the diverse interests of the Delta Heritage Area; and • Be consistent with relevant state laws. The Commission may use funds made available under this Act to make grants, enter into agreements or provide technical assistance to further the purposes of the Delta Heritage Area. The Heritage Area Strategic Plan will: • Describe the interaction of the plan with other relevant plans; • Establish priorities and criteria for recommended projects and programs; • Describes a program for implementation of resource protection activities. The Secretary may provide assistance or grants to appropriate entities to: • Develop and implement ecosystem restoration in the Delta; • Increase the resilience of the Delta to the effects of natural disasters such as floods and earthquakes; • Develop and implement water resource conservation, management and enhancement activities; • Develop and implement habitat conservation plans; • Develop and implement the Heritage Area strategic plan as described in this Act; and • Enter into agreements with interested parties to carry out the Act. The Conservancy may use funds to make grants to appropriate entities to further the purposes of the strategic plan. An owner of private property within the Delta Heritage Area may opt out of participating if the owner provides written notice to the Commission. Nothing in this Act abridges the rights of any property owner the right to refrain from participating in any project, plan, program or activity conducted in the Delta Heritage Area. The Act will appropriate: • $2 million to carry out the Heritage Area management plan; the total amount available shall not exceed $20 million. • $2 million for the first year and such sums as are necessary in each of the following 9 years for the Heritage Area strategic plan. The Federal share of the costs of any activity under this Act shall be determined by the Secretary, but shall be no more than 50%. The details for Senator Feinstein’s proposal can be found on the following link to the Delta Protection Commission’s website: http://www.delta.ca.gov/res/docs/CEL10454.pdf Contra Costa County is preparing comments on the Feinstein proposal and seeks the views of interested parties on how the National Heritage Area designation should proceed for the Delta. Contact Steven Goetz at the Contra Costa County Department of Conservation and Development for further information (steven.goetz@dcd.cccounty.us or 925-335-1240). Attached please find a discussion draft of the bill to create a National Heritage Area in the Delta. This Discussion Draft has been reviewed by the Delta Counties Coalition (DCC) Technical Advisory Committee, and the TAC's recommended changes are included in the attachment. Amendments to the Act that are important to Contra Costa County are as follows: 1. The Act includes 13 Congressional findings, the most important of which is the last one which describes where additional resources are needed most. The draft text says additional resources are needed generally to address flood risk, economic sustainability and water quality issues. This finding should focus these additional resources specifically for Delta communities, to protect Delta communities from flood risk, to ensure economic sustainability in the Delta, to improvement water quality in the Delta. Revise Section 2: Findings, paragraph 13 to read as follows: Significant investment of Federal, State, local, and private sources is necessary to restore and sustain the ecosystem in the Delta,to provide for reliable water supply in the State of California, to recover natives species of the Sacramento and San Joaquin River Delta, to protect Delta communities from flood risk, to ensure economic sustainability in the Delta, to improve water quality in the Delta, and to sustain the unique cultural, historical, recreational, agricultural and economic values of the Delta. recreational, agricultural and economic values of the Delta. 2. The Act limits the boundaries of the National Heritage Area designation to the area encompassed by the Delta “Primary Zone” as defined in state statute. This definition covers less than half of the Delta located in Contra Costa County. It leaves out significant portions of Pittsburg, Antioch, Oakley, Brentwood, Bethel Island and the Agricultural Core which have been historically part of the Delta landscape. The County has also received a request from the Carquinez Strait Preservation Trust to consider adding their planning area to the proposed NHA designation. Their planning area includes resources that help tell the Delta’s story and this area provides a very visible and physical connection between the Delta and the Bay. An alternative approach to specific boundaries would be to include authorization to revise the NHA boundaries as part of the planning process funded by the Act. Revise Section 3: Definitions, paragraph (4) to read as follows: DELTA.—For the area in Contra Costa County, the term “Delta” means the Sacramento/San Joaquin River Delta (as defined in section 12220 of the California Water Code), the planning area of the Carquinez Strait Preservation Trust as described in the Carquinez Strait Resource Plan (1988), and all land between these two areas that is north of north right of way line of the Burlington Northern Santa Fe rail line 3. The proposed Act allows the Secretary of Interior to provide grants to appropriate entitites to develop and implement habitat conservations plans, natural community conservation plans and specifically mentions the Bay Delta Conservation Plan. Delta counties are concerned that the scope of the Bay Delta Conservation Plan is so large that it potentially could capture all funds provided by the Act for ecosystem restoration activities. More importantly, the 2009 state water legislation established state policy that design, construction, operation or maintenance of Delta conveyance facilities should be funded by the agencies that benefit from such facilities. The Act should include this same limitation on funding. Add to Section 5: Conservancy Restoration Activities, paragraph (a), the following limitation on the use of grants provided by the Secretary: Funds provided by this section shall not be expended to pay the costs of the design, construction, operation, or maintenance of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation and maintenance of those facilities. 4. The Delta Counties Coalition conceptual letter of support for Senator Feinstein’s NHA initiative emphasized the very grave financial circumstances facing the Delta Counties and expressed our desire that full participation in the program be limited to an in-kind match. The Act allows the match to be provided through in-kind services but also establishes a maximum federal share of 50%, which we have subsequently found to be typical for the NHA program. County staff recommends to offer an amendment that would consider maximum federal share of 75% and also indicate that any and all fee revenue be included as eligible for meeting the non-federal share requirement. Revise Section 8: Authorization of Appropriations, paragraph (c) as follows: COST SHARING REQUIREMENT. The Federal share of the total cost of any activity under this Act shall be determined by the Secretary, but shall be not more than 75%. NON-FEDERAL SHARE.—The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services fairly valued, or any and all state/local fees, taxes or assessments. ATTACHMENTS Discussion Draft of NHA Bill Discussion Draft of NHA Bill Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 1 3/18/2015 2:32 PM Title: To establish the Sacramento-San Joaquin Delta as a National Heritage Area, and for other 1 purposes. 2 3 4 Be it enacted by the Senate and House of Representatives of the United States of America in 5 Congress assembled, 6 SECTION 1. SHORT TITLE. 7 This Act may be cited as the “Delta Protection and Recreation Act”. 8 SEC. 2. FINDINGS. 9 Congress finds that— 10 (1) the Sacramento-San Joaquin Delta is the largest estuary on the West Coast and a 11 unique treasure that provides a home for more than 750 species of plants and wildlife and 12 55 species of fish, including sand hill cranes that migrate to the Delta wetland, traveling 13 from places as far as Siberia, and king salmon, some as large as 60 pounds, that return each 14 year to travel through the Delta to spawn in the tributaries of the Delta; 15 (2) the Sacramento-San Joaquin Delta is a labyrinth of sloughs, wetland, and deepwater 16 channels that connects the waters of the high Sierra mountain streams to the Pacific Ocean 17 through the San Francisco Bay, provides some of the best specialty crops in the United 18 States, and offers recreational opportunities to the 2,000,000 Californians that visit the Delta 19 each year for boating, fishing, hunting, visiting historic sites, and viewing wildlife; 20 (3) before the Sacramento-San Joaquin Delta was settled, the Delta flooded regularly 21 with snow melt each spring, and in the 1800s, Chinese workers built hundreds of miles of 22 levees throughout the waterways of the Delta to reclaim and preserve farmland on the rich 23 peat soils of the Delta and to control flooding in the Delta; 24 (4) the approximately 60 islands of the Sacramento-San Joaquin Delta are protected by 25 1,100 miles of levees, and Federal and State-owned pumps in the South Delta provide a 26 portion of water needs to 23,000,000 Californians and 3,000,000 acres of irrigated 27 agricultural land; 28 (5) the Sacramento-San Joaquin Delta is in crisis, as invasive species are predominant in 29 the Delta, the native species of the Delta, including the fisheries that support coastal 30 economies, are in decline due to a variety of factors; (6) the Sacramento-San Joaquin Delta 31 is at risk, as levees and water exports have altered the flow of water through the system, 32 many of the islands of the Delta are between 10 and 20 feet below sea level, many of the 33 levees in the Delta are at risk of failure, threatening communities and infrastructure with 34 flooding, and the risk of an earthquake in Delta is high; 35 (7) an earthquake and subsequent flood in the Sacramento-San Joaquin Delta could cause 36 tremendous losses in the Delta, jeopardize water supply across the State of California, 37 including parts of the Bay Area, the high-tech centers in Silicon Valley, and the agricultural 38 centers of Central and Southern California, jeopardize the drinking water of 23,000,000 39 Californians, devastate an already fragile ecosystem, and potentially result in a sudden rush 40 of seawater into the interior of the Delta, the flooding of agricultural land with salt water, 41 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 2 3/18/2015 2:32 PM the inundation of towns, and the elimination of roads, power lines, and water conveyance 1 structures; 2 (8) the State of California has been working for years on a resolution to the water supply 3 and ecosystem crisis in the State, and most proposals to resolve the crisis include significant 4 ecosystem restoration work, much of which could take place and alter the land and water 5 use in the State of California; 6 (9) the State of California has made the restoration of the Sacramento-San Joaquin Delta 7 and the improvement of water supply reliability a priority, and restoration work in the Delta, 8 including work in tidal habitat, floodplains, and riparian zones, will be necessary to recover 9 endangered species, preserve water quality, and reduce reliance on water diversions from 10 the Delta; 11 (10) the Delta Protection Commission has been tasked by the California State 12 Legislature with providing a forum for Delta residents to engage in decisions regarding 13 actions to recognize and enhance the unique cultural, recreational, and agricultural 14 resources of the Delta and to serve as the facilitating agency for the implementation of a 15 National Heritage Area in the Delta; 16 (11) the Delta Conservancy has been tasked by the California State Legislature with 17 implementing ecosystem restoration activities in the Sacramento-San Joaquin Delta; and 18 (12) significant investment from Federal, State, local, and private sources is necessary to 19 restore and sustain the ecosystem in the Delta, to provide for reliable water supply in the 20 State of California, to recover the native species of the Sacramento-San Joaquin Delta, to 21 protect Delta communities from flood risk, to ensure economic sustainability in the Delta, to 22 improve water quality in the Delta, and to sustain the unique cultural, historical, 23 recreational, agricultural and economic values of the Delta; 24 (13) with a patchwork of prime farmland as the principle land feature and encompassing 25 more than 80% of the total area, a rich agricultural heritage in the Sacramento-San Joaquin 26 Delta provides a unique, thriving, irreplaceable resource that must be protected and 27 promoted to ensure the economic and cultural well-being of rural communities, counties, 28 the State and Nation. 29 SEC. 3. DEFINITIONS. 30 In this Act: 31 (1) COMMISSION.—The term “Commission” means the Delta Protection Commission 32 established by section 29735 of the California Public Resources Code. 33 (2) DELTA CONSERVANCY.—The term “Delta Conservancy” means the Sacramento-San 34 Joaquin Delta Conservancy established by section 32320 of the California Public Resources 35 Code. 36 (3) BOUNDARIES.—Boundaries shall include the Primary and Secondary Management 37 Zones comprising the legal Delta as defined in Section 12220 of the California Water Code. 38 Boundaries shall also include tributary rivers and streams within the Delta counties’ 39 jurisdictional boundaries relevant to the Delta and the purposes described in this Act. 40 Specific additional boundary specifications are as follows: 41 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 3 3/18/2015 2:32 PM (A) Contra Costa County, California: The planning are of the Carquinez Strait 1 Preservation Trust as described in the Carquinez Strait Resource Plan (1988), and all 2 land between these two areas that is north of north right of the way line of the 3 Burlington Northern Santa Fe rail line; 4 (B) Sacramento County, California: excepting the incorporated portion of the City of 5 Sacramento 6 (C) San Joaquin County, California: including not only the Primary Zone and the 7 Secondary Zone of the legal Delta within San Joaquin County but also the rivers, 8 streams and watersheds that are tributary to the Delta within San Joaquin County; 9 (D) Solano County, California: including the Suisun Marsh as defined in Sections 10 29101 and 29101.5 of the California Public Resources Code; 11 (E) Yolo County, California: including the Yolo Bypass, defined as a multi-benefit 12 flood control structure that includes about 57,000 acres of land bounded by levees 13 extending south from the Fremont Weir for a distance of approximately 41 miles to the 14 waters of the Prospect Slough, Cache Slough, and the Sacramento River. 15 (4) DELTA.—The term “Delta” means the Sacramento-San Joaquin Delta Primary Zone 16 (as defined in section 12220 of the California Water Code). 17 (5) LOCAL GOVERNMENT.—The term “local government” means— 18 (A) Contra Costa County, California; 19 (B) Sacramento County, California; 20 (C) San Joaquin County, California; 21 (D) Solano County, California; 22 (E) Yolo County, California; and 23 (F) any city incorporated (in whole or in part) in any of the Delta. 24 (6) HERITAGE AREA MANAGEMENT PLAN.—The term “Heritage Area management plan” 25 means the plan developed and adopted by the Commission under section 4(d). 26 (7) SECRETARY.—The term “Secretary” means the Secretary of the Interior. 27 (8) STATE.—The term “State” means the State of California. 28 SEC. 4. DELTA HERITAGE AREA. 29 (a) Establishment.—The Delta is established as a national Heritage Area, to be known as the 30 “Delta Heritage Area.” Its precise boundaries shall be designated by local governments with 31 territory in the Delta for the purpose of providing for— 32 (1) the economic sustainability of the Delta by protecting and enhancing the economic 33 viability of agriculture and the ongoing vitality of communities in the Delta, including by 34 supporting regional economic development efforts associated with agriculture, recreation, 35 and tourism; 36 (2) flood protection and public safety improvements; 37 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 4 3/18/2015 2:32 PM (3) water quality; and 1 (4) ecosystem restoration in the Delta. 2 (b) Management Entity.—The managing entity for the Delta Heritage Area shall be the Delta 3 Protection Commission. 4 (c) Duties.—As a condition of receiving funding under this Act, the Commission, to support 5 the purposes of the Delta Heritage Area, shall— 6 (1) prepare, and submit to the Secretary, a Heritage Area management plan in accordance 7 with this Act; 8 (2) submit to the Secretary an annual report for each fiscal year for which the 9 Commission receives Federal funds under this Act, specifying— 10 (A) the specific performance goals and accomplishments of the Commission; 11 (B) the expenses and income of the Commission; 12 (C) the amounts and sources of matching funds; 13 (D) the amounts leveraged with Federal funds and sources of the leveraging; and 14 (E) any grants made to any other entities during the fiscal year; and 15 (3) make available for audit for each fiscal year for which the Commission receives 16 Federal funds under this Act, relevant information and records pertaining to the expenditure 17 of the funds and any matching funds. 18 (d) Heritage Area Management Plan.— 19 (1) PREPARATION AND ADOPTION BY THE COMMISSION.— 20 (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, as a 21 condition of receiving funding under this Act, the Commission shall prepare, approve, 22 and submit to the Secretary a Heritage Area management plan. 23 (B) PLANS UNDER CALIFORNIA PUBLIC RESOURCES CODE.—The Commission shall 24 submit as the Heritage Area management plan the resource management plan or 25 economic sustainability plan that the Commission is required to prepare pursuant to 26 section 27959 or 27960 of the California Public Resources Code and at least 1 of those 27 plans shall meet all the requirements described in paragraph (2). 28 (2) REQUIREMENTS.—The Heritage Area management plan shall— 29 (A) include a description of actions to protect, enhance, interpret, fund, manage, and 30 develop the natural, historical, cultural, educational, scenic, ecological, agricultural, 31 and recreational resources of the Delta Heritage Area; 32 (B) specify existing and potential sources of funding or economic development 33 strategies to protect, enhance, interpret, fund, manage, and develop the Delta Heritage 34 Area; 35 (C) recommend policies and strategies for resource management, including the 36 development of intergovernmental and interagency agreements to protect, enhance, 37 interpret, fund, manage, and develop the natural, historical, cultural, educational, 38 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 5 3/18/2015 2:32 PM scenic, ecological, agricultural, and recreational resources of the Delta Heritage Area; 1 (D) describe a program for implementation for the Heritage Area management plan, 2 including— 3 (i) priorities; 4 (ii) performance goals; 5 (iii) plans for resource protection, enhancement, interpretation, funding, 6 management, and development; and 7 (iv) specific commitments for implementation that have been made by the 8 Delta Conservancy or any Federal, State, tribal or local government agency, 9 organization, business, or individual; and 10 (v) provide for mitigation for any loss of agricultural land; 11 (E) ensure the participation by the diverse interests of the Delta Heritage Area, 12 including Federal, State, tribal, and local governments, including special districts, 13 natural, and historical resource protection and agricultural organizations, educational 14 institutions, businesses, recreational organizations, community residents, and private 15 property owners; and 16 (F) be consistent with relevant California State laws. 17 (3) CONSIDERATION BY SECRETARY.— 18 (A) IN GENERAL.—Not later than 120 days after the date on which the Secretary 19 receives a Heritage Area management plan, the Secretary shall approve the plan if— 20 (i) the Heritage Area management plan meets the criteria described in 21 paragraph (2); 22 (ii) the Heritage Area management plan would not adversely affect any 23 activities authorized on Federal land under Federal public land laws or land use 24 plans; 25 (iii) the Commission has demonstrated the financial capability, in partnership 26 with other persons, to carry out the Heritage Area management plan; and 27 (iv) the Secretary has received adequate assurances from the appropriate State, 28 tribal, and local officials whose support is necessary to ensure the effective 29 implementation of the State, tribal, and local elements of the Heritage Area 30 management plan. 31 (B) DISAPPROVAL.—If the Secretary disapproves the Heritage Area management 32 plan, the Secretary shall— 33 (i) advise the Commission in writing of the reasons for the disapproval; and 34 (ii) make recommendations to the Commission for revisions to the Heritage 35 Area management plan. 36 (C) AMENDMENTS.— 37 (i) IN GENERAL.—An amendment to the Heritage Area management plan that 38 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 6 3/18/2015 2:32 PM substantially alters the purposes of the Delta Heritage Area shall be reviewed by 1 the Secretary and approved or disapproved in the same manner as the original 2 Heritage Area management plan. 3 (ii) IMPLEMENTATION.—The Commission may not use Federal funds 4 authorized by this Act to implement an amendment to the Heritage Area 5 management plan until the Secretary approves the amendment. 6 (4) AUTHORITIES.—The Secretary may— 7 (A) provide technical and financial assistance under this Act for the development 8 and implementation of the Heritage Area management plan; and 9 (B) enter into cooperative agreements with interested parties, approved through the 10 Delta Protection Commission (DPC), to carry out this Act. 11 (5) DEADLINE.—If the Commission fails to submit to the Secretary a proposed Heritage 12 Area management plan by the date that is 3 years after the date of enactment of this Act, the 13 Commission shall be ineligible to receive additional funding under this Act until the date on 14 which the Secretary receives and approves the Heritage Area management plan. 15 (e) Evaluation; Report.— 16 (1) IN GENERAL.—Not later than 8 years after the date of enactment of this Act, the 17 Secretary shall— 18 (A) conduct an evaluation of the accomplishments of the Delta Heritage Area; and 19 (B) prepare a report in accordance with paragraph (2). 20 (2) REPORT.—Based on the evaluation conducted under paragraph (1)(A), the Secretary 21 shall submit to the Committee on Natural Resources of the House of Representatives and 22 the Committee on Energy and Natural Resources of the Senate a report that shall include 23 recommendations for the future role of the Department of the Interior, if any, with respect to 24 the Delta Heritage Area. 25 (f) Authorities.—For the purposes of preparing and implementing the approved Heritage Area 26 management plan, the Commission may use Federal funds made available under this Act— 27 (1) to make grants to political jurisdictions, nonprofit organizations, and other parties in 28 the Delta Heritage Area; 29 (2) to enter into cooperative agreements with or provide technical assistance to political 30 jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 31 (3) to hire and compensate staff, including individuals with expertise in— 32 (A) natural, historical, cultural, educational, scenic, ecological, agricultural, and 33 recreational resource conservation; 34 (B) economic and community development; and 35 (C) restoration and recreation planning; 36 (4) to obtain funds or services from any source, including other Federal programs; 37 (5) to contract for goods or services; 38 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 7 3/18/2015 2:32 PM (6) to support activities of partners and any other activities that— 1 (A) further the purposes of the Delta Heritage Area; and 2 (B) are consistent with the approved Heritage Area management plan; and 3 (7) to prepare and implement the Heritage Area management plan. 4 (g) Opt Out.—An owner of private property or local jurisdiction within the Delta Heritage 5 Area may opt out of participating in any plan, project, program, or activity carried out within the 6 Delta Heritage Area, if the property owner provides written notice to the Commission. Before 7 being added each private property owner will receive written information regarding the NHA 8 designation and what it will mean for them. 9 SEC. 5. CONSERVANCY RESTORATION ACTIVITIES. 10 (a) In General.—The Secretary may provide grants to local governments and the Delta 11 Conservancy consistent with the purposes defined in Sections 32301, 32322, 32360, and 32360.5 12 of the California Public Resources Code, and also to— 13 (1) ensure the participation by the diverse interests of the Delta, including Federal, State, 14 tribal and local governments, agricultural organizations, natural, and historical resource 15 protection organizations, educations institutions, businesses, recreational organizations, 16 community residents, and private property owners; (2) to develop and implement the 17 strategic plan described in subsection (b) to achieve the goals of the Delta Conservancy. 18 (3) Funds provided by this section shall not be expended to pay the costs of the design, 19 construction, operation, maintenance or mitigation of Delta conveyance facilities. Those 20 costs shall be the responsibility of the water agencies that benefit from the design, 21 construction, operation and maintenance of those facilities. 22 (b) Strategic Plan.— 23 (1) PREPARATION AND ADOPTION BY THE DELTA CONSERVANCY.— 24 (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, as a 25 condition of receiving funding under this Act, the Conservancy shall prepare, approve, 26 and submit to the Secretary a strategic plan. 27 (B) PLANS UNDER CALIFORNIA PUBLIC RESOURCES CODE.—The Conservancy shall 28 submit to the Secretary under this paragraph the strategic plan that the Conservancy is 29 required to prepare under section 32376 of the California Public Resources Code and 30 that plan shall meet all the requirements described in paragraph (2). 31 (2) REQUIREMENTS.—The strategic plan shall— 32 (A) describe the interaction of the plan with Federal, regional, State, and local land 33 use, recreation, water and flood management, and habitat conservation and protection 34 efforts within and adjacent to the Delta; 35 (B) establish priorities and criteria for projects and programs, based on an 36 assessment of program requirements, institutional capabilities, and funding needs 37 throughout the Delta; and 38 (C) describe a program for implementation of the strategic plan, including— 39 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 8 3/18/2015 2:32 PM (i) performance goals; 1 (ii) plans for resource protection, enhancement, interpretation, funding, 2 management, and development; 3 (iii) specific commitments for implementation that have been made by any 4 Federal, State, tribal, or local government agency, organization, business, or 5 individual; and 6 (iv) mitigate any impacts to landowners who may be, or potentially be, 7 adversely impacted by the provisions of the plan. 8 (3) CONSIDERATION BY SECRETARY.— 9 (A) IN GENERAL.—Not later than 120 days after the date on which the Secretary 10 receives a strategic plan, the Secretary shall approve the strategic plan if— 11 (i) the strategic plan meets the criteria described in paragraph (2); 12 (ii) the strategic plan would not adversely affect any activities authorized on 13 Federal land under Federal public land laws or land use plans; 14 (iii) the Delta Conservancy has demonstrated the financial capability, in 15 partnership with other persons, to carry out the strategic plan; and 16 (iv) the Secretary has received adequate assurances from the appropriate State, 17 tribal, and local officials whose support is necessary to ensure the effective 18 implementation of the State, tribal, and local elements of the strategic plan. 19 (B) DISAPPROVAL.—If the Secretary disapproves the strategic plan, the Secretary 20 shall— 21 (i) advise the Delta Conservancy in writing of the reasons for the disapproval; 22 and 23 (ii) make recommendations to the Delta Conservancy for revisions to the 24 strategic plan. 25 (C) AMENDMENTS.— 26 (i) IN GENERAL.—An amendment to the strategic plan that substantially alters 27 the purposes of the Delta Conservancy shall be reviewed by the Secretary and 28 approved or disapproved in the same manner as the original strategic plan. 29 (ii) IMPLEMENTATION.—The Delta Conservancy may not use Federal funds 30 made available by this Act to implement an amendment to the strategic plan until 31 the Secretary approves the amendment. 32 (4) AUTHORITIES.—The Secretary may— 33 (A) provide technical and financial assistance under this Act for the development 34 and implementation of the strategic plan; and 35 (B) enter into cooperative agreements with interested parties, approved through the 36 Delta Conservancy, to carry out this Act. 37 (5) DEADLINE.—If the Delta Conservancy fails to submit to the Secretary a proposed 38 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 9 3/18/2015 2:32 PM strategic plan by the date that is 3 years after the date of enactment of this Act, the Delta 1 Conservancy shall be ineligible to receive additional funding under this Act until the date on 2 which the Secretary receives and approves the strategic plan. 3 (c) Evaluation; Report.— 4 (1) IN GENERAL.—Not later than 3 years before the date described in section 10, the 5 Secretary shall— 6 (A) conduct an evaluation of the accomplishments of the strategic plan; and 7 (B) prepare a report in accordance with paragraph (2). 8 (2) REPORT.—Based on the evaluation conducted under paragraph (1)(A), the Secretary 9 shall submit to the Committee on Natural Resources of the House of Representatives and 10 the Committee on Energy and Natural Resources of the Senate a report that includes 11 recommendations for the future role of the Department of the Interior, if any, with respect to 12 the Delta Conservancy. 13 (d) Authorities.—For the purposes of preparing and implementing the strategic plan, the 14 Conservancy may use Federal funds made available under this Act— 15 (1) to make grants to political jurisdictions, nonprofit organizations, and other parties; 16 (2) to enter into cooperative agreements with or provide technical assistance to political 17 jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 18 (3) to hire and compensate staff, including individuals with expertise in— 19 (A) natural, ecological, and resource conservation; and 20 (B) restoration planning; 21 (4) to obtain funds or services from any source, including other Federal programs; 22 (5) to contract for goods or services; and 23 (6) to support activities of partners and any other activities that— 24 (A) further the purposes of the strategic plan; 25 (B) are consistent with the approved strategic plan; and 26 (C) to prepare and implement the strategic plan. 27 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 28 (a) In General.—Nothing in this Act affects the authority of a Federal agency to provide 29 technical or financial assistance under any other law. 30 (b) Consultation and Coordination.—The head of any Federal agency planning to conduct 31 activities that may have an impact on the Delta Heritage Area is encouraged to consult and 32 coordinate the activities with the Secretary, the Commission, and the Delta Conservancy to the 33 maximum extent practicable. 34 (c) Other Federal Agencies.—Nothing in this Act— 35 (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to 36 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 10 3/18/2015 2:32 PM manage Federal land under the jurisdiction of the Federal agency; 1 (2) limits the discretion of a Federal land manager or local agency to implement an 2 approved land use plan in the boundaries of the Delta Heritage Area; 3 (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction 4 of a Federal agency; or 5 (4) modifies, alters, or amends the jurisdiction of any federal agency over private 6 property or non-federally owned public property within the boundaries of the Delta Heritage 7 Area. 8 SEC. 7. PRIVATE PROPERTY AND REGULATORY 9 PROTECTIONS. 10 Nothing in this Act— 11 (1) abridges the rights of any property owner (whether public or private), including water 12 rights and the right to refrain from participating in any plan, project, program, or activity 13 conducted in the Delta Heritage Area; 14 (2) requires any property owner— 15 (A) to permit public access (including access by Federal, State, tribal, or local 16 agencies) to the property of the property owner; or 17 (B) to modify public access or use of property of the property owner under any other 18 Federal, State, tribal, or local law; 19 (3)(A) alters any duly adopted land use regulation, approved land use plan, or other 20 regulatory authority (including the authority to make safety improvements or increase the 21 capacity of existing roads or to construct new roads) and construction of Flood Control 22 facilities of any Federal, State, tribal, or local agency; or 23 (B) conveys any land use or other regulatory authority to any local coordinating entity, 24 including development and management of energy or water or water-related infrastructure; 25 (4) authorizes or implies the reservation or appropriation of water or water rights; 26 (5) diminishes the authority of the State to manage fish and wildlife, including the 27 regulation of fishing and hunting in the Delta Heritage Area; or 28 (6) creates any liability, or affects any liability under any other law, of any private 29 property owner with respect to any person injured on the private property. 30 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 31 (a) Delta Heritage Area.— 32 (1) IN GENERAL.—Subject to paragraph (2) and subsection (c), there is authorized to be 33 appropriated to carry out section 4 not more than $2,000,000 for the fiscal year in which this 34 Act is enacted and such sums are necessary in each of the following 9 fiscal years, to remain 35 available until expended. 36 (b) Conservancy Restoration Activities.—Subject to subsection (c), there are authorized to be 37 Senate Legislative Counsel Draft Copy of O:\CEL\CEL10455.XML 11 3/18/2015 2:32 PM appropriated to carry out section 5 $2,000,000 for the fiscal year in which this Act in enacted and 1 such sums as are necessary in each of the following 9 fiscal years, to remain available until 2 expended. 3 (c) Cost-Sharing Requirement.—The Federal share of the total cost of any activity under this 4 Act shall be determined by the Secretary, but shall be not more than 75 percent. 5 (d) Non-Federal Share – The non-Federal share of the total cost of any activity under this Act 6 may be in the form of in-kind contributions of goods or services fairly valued, or state/local fees, 7 taxes or assessments. 8 SEC. 9. USE OF FEDERAL FUNDS FROM OTHER 9 SOURCES. 10 Nothing in this Act precludes the Commission or Delta Conservancy from using Federal funds 11 available under other laws for the purposes for which those funds were authorized. 12 DISCUSSION DRAFT 6/22/2010 111TH CONGRESS 2D SESSION S. To establish the Sacramento and San Joaquin Delta as a National Heritage Area, and for other purposes. ______________________________ IN THE SENATE OF THE UNITED STATES ______________________________ Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on ______________________________ A BILL To establish the Sacramento and San Joaquin Delta (this should be deleted in all references) as a National Heritage Area, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Delta Protection and 5 Recreation Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds that— 8 (1) the Sacramento and San Joaquin River 9 Delta is the largest estuary on the West Coast and 10 a unique treasure that provides a home for more DISCUSSION DRAFT 6/22/2010 2 1 than 750 species of plants and wildlife and 55 spe- 2 cies of fish, including sand hill cranes that migrate 3 to the Delta wetland, traveling from places as far as 4 Siberia, and king salmon, some as large as 60 5 pounds, that return each year to travel through the 6 Delta to spawn in the tributaries of the Delta; 7 (2) the Sacramento and San Joaquin River 8 Delta is a labyrinth of sloughs, wetland, and deep- 9 water channels that connects the waters of the high 10 Sierra mountain streams to the Pacific Ocean 11 through the San Francisco Bay, provides some of 12 the best specialty crops in the United States, and of- 13 fers recreational opportunities to the 2,000,000 Cali- 14 fornians that visit the Delta each year for boating, 15 fishing, hunting, visiting historic sites, and viewing 16 wildlife; 17 (3) before the Sacramento and San Joaquin 18 River Delta was settled, the Delta flooded regularly 19 with snow melt each spring, and in the 1800s, Chi- 20 nese workers built hundreds of miles of levees 21 throughout the waterways of the Delta to reclaim 22 and preserve farmland on the rich peat soils of the 23 Delta and to control flooding in the Delta; 24 (4) the approximately 60 islands of the Sac- ramento and San Joaquin River Delta are protected DISCUSSION DRAFT 6/22/2010 3 1 by 1,100 miles of levees, and Federal and State 2 owned pumps in the South Delta provide a portion of water needs (SJ)to 3 23,000,000 Californians and 3,000,000 acres of irri- 4 gated agricultural land; 5 (5) the Sacramento and San Joaquin River 6 Delta is in crisis, as invasive species are predomi- 7 nant in the Delta, the native species of the Delta, 8 including the fisheries that support coastal 9 economies, are in decline, due to a variety of factors (Sac) 17 (6) the Sacramento and San Joaquin River 18 Delta is at risk, as levees and water exports have al- 19 tered the flow of water through the system, many of 20 the islands of the Delta are between 10 and 20 feet 21 below sea level, many of the levees in the Delta are 22 at risk of failure, threatening communities and in- 23 frastructure with flooding, and the risk of an earth 24 quake in Delta is high; DISCUSSION DRAFT 6/22/2010 4 1 (7) an earthquake and subsequent flood in the 2 Sacramento and San Joaquin River Delta could 3 cause tremendous losses in the Delta, jeopardize 4 water supply across the State of California, include- 5 ing parts of the Bay Area, the high-tech centers in 6 Silicon Valley, and the agricultural centers of Cen- 7 tral and Southern California, jeopardize the drinking 8 water of 23,000,000 Californians, devastate an al- 9 ready fragile ecosystem, and potentially result in a 10 sudden rush of seawater into the interior of the 11 Delta, the flooding of agricultural land with salt 12 water, the inundation of towns, and the elimination 13 of roads, power lines, and water conveyance struc- 14 tures; 15 (8) the State of California has been working for 16 years on a resolution to the water supply and eco- 17 system crisis in the State, and most proposals to re- 18 solve the crisis include significant ecosystem restora- 19 tion work, much of which could take place and alter 20 the land and water use in the State of California; 22 (9) the State of California has made the res- 23 toration of the Sacramento and San Joaquin 24 Delta and the improvement of water supply reli- 25 ability a priority, and restoration work in the Delta, DISCUSSION DRAFT 6/22/2010 5 1 including work in tidal habitat, floodplains, and ri- 2 parian zones, will be necessary to recover endan- 3 gered species, preserve water quality and reduce reliance on the Delta; 5 9 (10) the Delta Protection Commission has been 10 tasked by the California State Legislature with pro- 11 viding a forum for Delta residents to engage in deci- 12 sions regarding actions to recognize and enhance the 13 unique cultural, recreational, and agricultural re- 14 sources of the Delta and to serve as the facilitating 15 agency for the implementation of a National Herit- 16 age Area in the Delta; 17 (11) the Delta Conservancy has been tasked by 18 the California State Legislature with implementing 19 ecosystem restoration activities in the Sacramento 20 and San Joaquin River Delta; and 21 DISCUSSION DRAFT 6/22/2010 6 1 (13) Significant investment of Federal, State, local, and private sources is necessary to restore and sustain the ecosystem in the Delta, to provide for reliable water supply in the State of California, to recover native species of the Sacramento and San Joaquin River Delta, to protect Delta communities from flood risk, to ensure economic sustainability in the Delta, to improve water quality in the Delta, and to sustain the unique cultural, historical, recreational, agricultural and economic values of the Delta. (CCC) (14) With a patchwork of prime farmland as the principle land feature and encompassing more than 80% of the total area, a rich agricultural heritage in the Sacramento-San Joaquin Delta provides a unique, thriving, irreplaceable resource that must be protected and promoted to ensure the economic and cultural well-being of rural communities, counties, the state and Nation. 4 SEC. 3. DEFINITIONS. 5 In this Act: 6 (1) COMMISSION.—The term ‘‘Commission’’ 7 means the Delta Protection Commission established 8 by section 29735 of the California Public Resources 9 Code. 10 (2) DELTA CONSERVANCY.—The term ‘‘Delta 11 Conservancy’’ means the Sacramento-San Joaquin 12 Delta Conservancy established by section 32320 of 13 the California Public Resources Code. 14 (3) DELTA COUNTY.—The term ‘‘Delta Coun- 15 ty’’ means any of (for NHA area)— 16 (A) Contra Costa County, California; For the area in Contra Costa County, the term “Delta” means the Sacramento/San Joaquin Delta (as defined in section 12220 of the California Water Code), the planning area of the Carquinez Strait Preservation Trust as described in the Carquinez Strait Resource Plan (1988), and all land between these two areas that is north of north right of way line of the Burlington Northern Santa Fe rail line (CCC) 17 (B) Sacramento County, California; For the area in Sacramento County, the term “Delta” means the Sacramento/San Joaquin Delta (as defined in section 12220 of the California Water Code), excepting the incorporated portion of the City of Sacramento, 18 (C) San Joaquin County, California; 19 (D) Solano County, California; as well as the Suisun Marsh (as defined in sections 29101 and 29101.5 of the California Public Resources Code. 20 (E) Yolo County, California. 21 (4) DELTA.—The term ‘‘Delta’’ means the Sac- 22 ramento/San Joaquin Delta (as 23 defined in section 12220 of the California Water 24 Code).DISCUSSION DRAFT 6/22/2010 7 1 (5) LOCAL GOVERNMENT.—The term ‘‘local 2 government’’ means— 3 (A) Contra Costa County, California; 4 (B) Sacramento County, California; 5 (C) San Joaquin County, California; 6 (D) Solano County, California; 7 (E) Yolo County, California; and 8 (F) any city incorporated (in whole or in 9 part) in any of the Delta. 10 (6) HERITAGE AREA MANAGEMENT PLAN.—The 11 term ‘‘Heritage Area management plan’’ means the 12 lan developed and adopted by the Commission 13 under section 4(d). 14 (7) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of the Interior. 16 (8) STATE.—The term ‘‘State’’ means the State 17 of California. 18 SEC. 4. DELTA HERITAGE AREA. 19 (a) ESTABLISHMENT.—The Delta is established as a 20 national Heritage Area, to be known as the ‘‘Delta Herit- 21 age Area’’, is hereby established. Its precise boundaries shall be designated by local governments with territory in the Delta for the purpose of providing for— 22 (1) the economic sustainability of the Delta by 23 protecting and enhancing the economic viability of 24 agriculture and the ongoing vitality of communities 25 in the Delta, including by supporting regional eco- DISCUSSION DRAFT 6/22/2010 8 1 nomic development efforts associated with agri- 2 culture, recreation, and tourism; 3 (2) flood protection and public safety improve- 4 ments; 5 (3) water quality; and 6 (4) ecosystem restoration in the Delta. 7 (b) MANAGEMENT ENTITY.—The managing entity 8 for the Delta Heritage Area shall be the Delta Protection 9 Commission. 10 (c) DUTIES.—As a condition of receiving funding 11 under this Act, the Commission, to support the purposes 12 of the Delta Heritage Area, shall— 13 (1) prepare, and submit to the Secretary, a 14 Heritage Area management plan in accordance with 15 this Act; 16 (2) submit to the Secretary an annual report 17 for each fiscal year for which the Commission re- 18 ceives Federal funds under this Act, specifying— 19 (A) the specific performance goals and ac- 20 complishments of the Commission; 21 (B) the expenses and income of the Com- 22 mission; 23 (C) the amounts and sources of matching 24 funds; DISCUSSION DRAFT 6/22/2010 9 1 (D) the amounts leveraged with Federal 2 funds and sources of the leveraging; and 3 (E) any grants made to any other entities 4 during the fiscal year; and 5 (3) make available for audit for each fiscal year 6 for which the Commission receives Federal funds 7 under this Act, relevant information and records 8 pertaining to the expenditure of the funds and any 9 matching funds. 10 (d) HERITAGE AREA MANAGEMENT PLAN.— 11 (1) PREPARATION AND ADOPTION BY THE COM- 12 MISSION.— 13 (A) IN GENERAL.—Not later than 1 year 14 after the date of enactment of this Act, as a 15 condition of receiving funding under this Act, 16 the Commission shall prepare, approve, and 17 submit to the Secretary a Heritage Area man- 18 agement plan. 19 (B) PLANS UNDER CALIFORNIA PUBLIC 20 RESOURCES CODE.—The Commission shall sub- 21 mit as the Heritage Area management plan the 22 resource management plan or economic sustain- 23 ability plan that the Commission is required to 24 prepare pursuant to section 27959 or 27960 of 25 the California Public Resources Code, and at least DISCUSSION DRAFT 6/22/2010 10 1 1 of those plans shall meet all the requirements de- 2 scribed in paragraph (2). 3 (2) REQUIREMENTS.—The Heritage Area man- 4 agement plan shall— 5 (A) include a description of actions to pro- 6 tect, enhance, interpret, fund, manage, and de- 7 velop the natural, historical, cultural, edu- 8 cational, scenic, ecological, agricultural, and 9 recreational resources of the Delta Heritage 10 Area; 11 (B) specify existing and potential sources 12 of funding or economic development strategies 13 to protect, enhance, interpret, fund, manage, 14 and develop the Delta Heritage Area; 15 (C) recommend policies and strategies for 16 resource management, including the develop- 17 ment of intergovernmental and interagency 18 agreements to protect, enhance, interpret, fund, 19 manage, and develop the natural, historical, cul- 20 tural, educational, scenic, ecological, agricul- 21 tural, and recreational resources of the Delta 22 Heritage Area; 23 (D) describe a program for implementation 24 for the Heritage Area management plan, in- 25 cluding— DISCUSSION DRAFT 6/22/2010 11 1 (i) priorities; 2 (ii) performance goals; 3 (iii) plans for resource protection, en- 4 hancement, interpretation, funding, man- 5 agement, and development; and 6 (iv) specific commitments for imple- 7 mentation that have been made by the 8 Delta Conservancy or any Federal, State, 9 tribal or local government agency, organi- 10 zation, business, or individual; (v) Provide for mitigation for any loss of agricultural land;11 (E) ensure the participation by the diverse 12 interests of the Delta Heritage Area, including 13 Federal, State, tribal, and local governments, including special districts, 14 natural, and historical resource protection and agricultural orga- 15 nizations, educational institutions, businesses, 16 recreational organizations, community resi- 17 dents, and private property owners; and 18 (F) be consistent with relevant California 19 State laws. 20 (3) CONSIDERATION BY SECRETARY.— 21 (A) IN GENERAL.—Not later than 120 22 days after the date on which the Secretary re- 23 ceives a Heritage Area management plan, the 24 Secretary shall approve the plan if— DISCUSSION DRAFT 6/22/2010 12 1 (i) the Heritage Area management 2 plan meets the criteria described in para- 3 graph (2); 4 (ii) the Heritage Area management 5 plan would not adversely affect any active- 6 ties authorized on Federal land under Fed- 7 eral public land laws or land use plans; 8 (iii) the Commission has demonstrated 9 the financial capability, in partnership with 10 other persons, to carry out the Heritage 11 Area management plan; and 12 (iv) the Secretary has received ade- 13 quate assurances from the appropriate 14 State, tribal, and local officials whose sup- 15 port is necessary to ensure the effective 16 implementation of the State, tribal, and 17 local elements of the Heritage Area man- 18 agement plan. 19 (B) DISAPPROVAL.—If the Secretary dis- 20 approves the Heritage Area management plan, 21 the Secretary shall— 22 (i) advise the Commission in writing 23 of the reasons for the disapproval; and DISCUSSION DRAFT 6/22/2010 13 1 (ii) make recommendations to the 2 Commission for revisions to the Heritage 3 Area management plan. 4 C) AMENDMENTS.— 5 (i) IN GENERAL.—An amendment to 6 the Heritage Area management plan that 7 substantially alters the purposes of the 8 Delta Heritage Area shall be reviewed by 9 the Secretary and approved or disapproved 10 in the same manner as the original Herit- 11 age Area management plan. 12 (ii) IMPLEMENTATION.—The Commis- 13 sion may not use Federal funds authorized 14 by this Act to implement an amendment to 15 the Heritage Area management plan until 16 the Secretary approves the amendment. 17 (4) AUTHORITIES.—The Secretary may— 18 (A) provide technical and financial assist- 19 ance under this Act for the development and 20 implementation of the Heritage Area manage- 21 ment plan; and 22 (B) enter into cooperative agreements with 23 interested parties, approved through the Delta Protection Commission (DPC) to carry out this Act. 24 (5) DEADLINE.—If the Commission fails to 25 submit to the Secretary a proposed Heritage Area DISCUSSION DRAFT 6/22/2010 14 1 management plan by the date that is 3 years after 2 the date of enactment of this Act, the Commission 3 shall be ineligible to receive additional funding under 4 this Act until the date on which the Secretary re- 5 ceives and approves the Heritage Area management 6 plan. 7 (e) EVALUATION; REPORT.— 8 (1) IN GENERAL.—Not later than 8 years after 9 the date of enactment of this Act, the Secretary 10 shall— 11 (A) conduct an evaluation of the accom- 12 plishments of the Delta Heritage Area; and 13 (B) prepare a report in accordance with 14 paragraph (2). 15 (2) REPORT.—Based on the evaluation con- 16 ducted under paragraph (1)(A), the Secretary shall 17 submit to the Committee on Natural Resources of 18 the House of Representatives and the Committee on 19 Energy and Natural Resources of the Senate a re- 20 port that shall include recommendations for the fu- 21 ture role of the Department of the Interior, if any, 22 with respect to the Delta Heritage Area. 23 (f) AUTHORITIES.—For the purposes of preparing 24 and implementing the approved Heritage Area manage- DISCUSSION DRAFT 6/22/2010 15 1 ment plan, the Commission may use Federal funds made 2 available under this Act— 3 (1) to make grants to political jurisdictions, 4 nonprofit organizations, and other parties in the 5 Delta Heritage Area; 6 (2) to enter into cooperative agreements with or 7 provide technical assistance to political jurisdictions, 8 nonprofit organizations, Federal agencies, and other 9 Interested parties; 10 (3) to hire and compensate staff, including indi- 11 viduals with expertise in— 12 (A) natural, historical, cultural, edu- 13 cational, scenic, ecological, agricultural, and 14 recreational resource conservation; 15 (B) economic and community development; 16 and 17 (C) restoration and recreation planning; 18 (4) to obtain funds or services from any source, 19 including other Federal programs; 20 (5) to contract for goods or services; 21 (6) to support activities of partners and any 22 other activities that— 23 (A) further the purposes of the Delta Her- 24 itage Area; and DISCUSSION DRAFT 6/22/2010 16 1 (B) are consistent with the approved Her- 2 itage Area management plan; and 3 (7) to prepare and implement the Heritage 4 Area management plan. 5 (g) OPT OUT.—An owner of private property within 6 the Delta Heritage Area may opt out of participating in 7 any plan, project, program, or activity carried out within 8 The Delta Heritage Area, if the property owner provides 9 written notice to the Commission. Before being added each private property owner will receive written information regarding the NHA designation and what it will mean for them. 10 SEC. 5. CONSERVANCY RESTORATION ACTIVITIES. COMMENT – there needs to be equity in funding between the dpc and the delta conservancy 11 (a) IN GENERAL.—The Secretary may provide grants 12 to appropriate State and local entities, including the Delta 13 Conservancy— 14 (1) to develop and implement ecosystem res- 15 toration in the Delta and increase the resilience of 16 the Delta to the effects of natural disasters such as 17 floods and earthquakes; 18 (2) to develop and implement water resource 19 conservation, management, and enhancement active- 20 ties that benefit— 21 (A) the ecosystem in the Delta; and 22 (B) the quality and quantity of water or 23 level of flood resilience in the Delta; DISCUSSION DRAFT 6/22/2010 17 1 (C) Agricultural production (3) to develop and implement habitat conserva- 2 tion plans, agricultural preservation plans, natural community conservation plans, 3 and (D) Ensure the participation by the diverse interests of the Delta, including Federal, State, tribal, and local governments, agricultural organizations, natural, and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners. 4 (4) to develop and implement the strategic plan 5 described in subsection (b) to achieve the goals of 6 the Delta Conservancy. (5) Funds provided by this section shall not be expended to pay the costs of the design, construction, operation,maintenance or mitigation of Delta conveyance facilities. Those costs shall be the responsibility of the water agencies that benefit from the design, construction, operation and maintenance of those facilities. (CCC) 7 (b) STRATEGIC PLAN.— 8 (1) PREPARATION AND ADOPTION BY THE 9 DELTA CONSERVANCY.— 10 (A) IN GENERAL.— COMMENT: this paragraph needs to be rewritten to reflect Chapter 5 of the 7th Extraordinary Section, Statues of 2009 related to deadlines for submissions of reports. Not later than 1 year 11 after the date of enactment of this Act, as a 12 condition of receiving funding under this Act, 13 the Conservancy shall prepare, approve, and 14 submit to the Secretary a strategic plan. 15 (B) PLANS UNDER CALIFORNIA PUBLIC 16 RESOURCES CODE.—The Conservancy shall sub- 17 mit to the Secretary under this paragraph the 18 strategic plan that the Conservancy is required 19 to prepare under section 32376 of the Cali- 20 fornia Public Resources Code, and that plan 21 shall meet all the requirements described in para- 22 graph (2). 23 (2) REQUIREMENTS.—The strategic plan 24 shall— DISCUSSION DRAFT 6/22/2010 18 1 (A) describe the interaction of the plan 2 with Federal, regional, State, and local land 3 use, recreation, water and flood management, 4 and habitat conservation and protection efforts 5 within and adjacent to the Delta; 6 (B) establish priorities and criteria for 7 projects and programs, based on an assessment 8 of program requirements, institutional capabili- 9 ties, and funding needs throughout the Delta; 10 and 11 (C) describe a program for implementation 12 of the strategic plan, including— 13 (i) performance goals; 14 (ii) plans for resource protection, en- 15 hancement, interpretation, funding, man- 16 agement, and development; and 17 (iii) specific commitments for imple- 18 mentation that have been made by any 19 Federal, State, tribal, or local government 20 agency, organization, business, or indi- 21 vidual. (iv) Mitigate any impacts to landowners who may be, or potentially be, adversely impacted by the provisions of the plan.” 22 (3) CONSIDERATION BY SECRETARY.— 23 (A) IN GENERAL.—Not later than 120 24 days after the date on which the Secretary re- DISCUSSION DRAFT 6/22/2010 19 1 ceives a strategic plan, the Secretary shall ap- 2 prove the strategic plan if— 3 (i) the strategic plan meets the cri- 4 teria described in paragraph (2); 5 (ii) the strategic plan would not ad- 6 versely affect any activities authorized on 7 Federal land under Federal public land 8 laws or land use plans; 9 (iii) the Delta Conservancy has dem- 10 onstrated the financial capability, in part- 11 nership with other persons, to carry out 12 the strategic plan; and 13 (iv) the Secretary has received ade- 14 quate assurances from the appropriate 15 State, tribal, and local officials whose sup- 16 port is necessary to ensure the effective 17 implementation of the State, tribal, and 18 local elements of the strategic plan. 19 (B) DISAPPROVAL.—If the Secretary dis- 20 approves the strategic plan, the Secretary 21 shall— 22 (i) advise the Delta Conservancy in 23 writing of the reasons for the disapproval; 24 and DISCUSSION DRAFT 6/22/2010 20 1 (ii) make recommendations to the 2 Delta Conservancy for revisions to the 3 strategic plan. 4 (C) AMENDMENTS.— 5 (i) IN GENERAL.—An amendment to 6 the strategic plan that substantially alters 7 the purposes of the Delta Conservancy 8 shall be reviewed by the Secretary and ap- 9 proved or disapproved in the same manner 10 as the original strategic plan. 11 (ii) IMPLEMENTATION.—The Delta 12 Conservancy may not use Federal funds 13 made available by this Act to implement an 14 amendment to the strategic plan until the 15 Secretary approves the amendment. 16 (4) AUTHORITIES.—The Secretary may— 17 (A) provide technical and financial assist- 18 ance under this Act for the development and 19 implementation of the strategic plan; and 20 (B) enter into cooperative agreements with 21 interested parties, approved through the Delta Conservancy to carry out this Act. 22 (5) DEADLINE.—If the Delta Conservancy fails 23 to submit to the Secretary a proposed strategic plan 24 by the date that is 3 years after the date of enact 25 ment of this Act, the Delta Conservancy shall be in- DISCUSSION DRAFT 6/22/2010 21 1 eligible to receive additional funding under this Act 2 until the date on which the Secretary receives and 3 approves the strategic plan. 4 (c) EVALUATION; REPORT.— 5 (1) IN GENERAL.—Not later than 3 years be- 6 fore the date described in section 10 (where is Section 10?), the Secretary 7 shall— 8 (A) conduct an evaluation of the accom- 9 plishments of the strategic plan; and 10 (B) prepare a report in accordance with 11 paragraph (2). 12 (2) REPORT.—Based on the evaluation con- 13 ducted under paragraph (1)(A), the Secretary shall 14 submit to the Committee on Natural Resources of 15 the House of Representatives and the Committee on 16 Energy and Natural Resources of the Senate a re- 17 port that includes recommendations for the future 18 role of the Department of the Interior, if any, with 19 respect to the Delta Conservancy. 20 (d) AUTHORITIES.—For the purposes of preparing 21 and implementing the strategic plan, the Conservancy may 22 use Federal funds made available under this Act— 23 (1) to make grants to political jurisdictions, 24 nonprofit organizations, and other parties; DISCUSSION DRAFT 6/22/2010 22 1 (2) to enter into cooperative agreements with or 2 provide technical assistance to political jurisdictions, 3 nonprofit organizations, Federal agencies, and other 4 interested parties; 5 (3) to hire and compensate staff, including indi- 6 viduals with expertise in— 7 (A) natural, ecological, and resource con- 8 servation; and 9 (B) restoration planning; 10 (4) to obtain funds or services from any source, 11 including other Federal programs; 12 (5) to contract for goods or services; and 13 (6) to support activities of partners and any 14 other activities that— 15 (A) further the purposes of the strategic 16 plan; 17 (B) are consistent with the approved stra- 18 tegic plan; and 19 (C) to prepare and implement the strategic 20 plan. 21 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 22 (a) IN GENERAL.—Nothing in this Act affects the au- 23 thority of a Federal agency to provide technical or finan- 24 cial assistance under any other law. DISCUSSION DRAFT 6/22/2010 23 1 (b) CONSULTATION AND COORDINATION.—The head 2 of any Federal agency planning to conduct activities that 3 may have an impact on the Delta Heritage Area is encour- 4 aged to consult and coordinate the activities with the Sec- 5 retary, the Commission, and the Delta Conservancy to the 6 maximum extent practicable. 7 (c) OTHER FEDERAL AGENCIES.—Nothing in this 8 Act— 9 (1) modifies, alters, or amends any law or regu- 10 lation authorizing a Federal agency to manage Fed- 11 eral land under the jurisdiction of the Federal agen- 12 cy; 13 (2) limits the discretion of a Federal land man- 14 ager, or local agencyto implement an approved land use plan in the 15 boundaries of the Delta Heritage Area; 16 (3) modifies, alters, or amends any authorized 17 use of Federal land under the jurisdiction of a Fed- 18 eral agency;or (4) modifies, alters, or amends the jurisdiction of any federal agency over private property or non-federally owned public property within the boundaries of the Delta Heritage Area 19 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC 20 TIONS. 21 Nothing in this Act— 22 (1) abridges the rights of any property owner 23 (whether public or private), including water rights and the right to re- 24 frain from participating in any plan, project, pro- DISCUSSION DRAFT 6/22/2010 24 1 gram, or activity conducted in the Delta Heritage 2 Area; 3 (2) requires any property owner— 4 (A) to permit public access (including ac- 5 cess by Federal, State, tribal, or local agencies) 6 to the property of the property owner; or 7 (B) to modify public access or use of prop- 8 erty of the property owner under any other 9 Federal, State, tribal, or local law; 10 (3)(A) alters any duly adopted land use regula- 11 tion, approved land use plan, or other regulatory au- 12 thority (including the authority to make safety im- 13 provements or increase the capacity of existing roads 14 or to construct new roads) and construction of Flood Control facilities of any Federal, State, 15 tribal, or local agency; or 16 (B) conveys any land use or other regulatory 17 authority to any local coordinating entity, including 18 development and management of energy or water or 19 water-related infrastructure; 20 (4) authorizes or implies the reservation or ap- 21 propriation of water or water rights; 22 (5) diminishes the authority of the State to 23 manage fish and wildlife, including the regulation of 24 fishing and hunting in the Delta Heritage Area; or DISCUSSION DRAFT 6/22/2010 25 1 (6) creates any liability, or affects any liability 2 under any other law, of any private property owner 3 with respect to any person injured on the private 4 property. 5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 6 (a) DELTA HERITAGE AREA.— 7 (1) IN GENERAL.—Subject to paragraph (2) 8 and subsection (c), there is authorized to be appro- 9 priated to carry out section 4 $2,000,000 for the fiscal year in which this Act is enacted and such sums as are necessary in each of the following 9 fiscal years, to remain available until expended.” 11 14 (b) CONSERVANCY RESTORATION ACTIVITIES.—Sub- 15 ject to subsection (c), there are authorized to be appro- 16 priated to carry out section 5 $2,000,000 for the fiscal 17 year in which this Act in enacted and such sums as are 18 necessary in each of the following 9 fiscal years, to remain 19 available until expended. 20 (c) COST-SHARING REQUIREMENT.—The Federal 21 share of the total cost of any activity under this Act shall 22 be determined by the Secretary, but shall be not more than 23 75 percent. (d) NON-FEDERAL SHARE.—The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of g oods or services fairly valued, or state/local fees, taxes or assessments (CCC) DISCUSSION DRAFT 6/22/2010 26 1 SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 2 Nothing in this Act precludes the Commission or 3 Delta Conservancy from using Federal funds available 4 under other laws for the purposes for which those funds 5 were authorized.