Sec. 104. MANAGEMENT
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## SEC. 104 MANAGEMENT ###
(a)Coordination In carrying out the Calfed Bay-Delta Program, 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 committee established in accordance with the Federal Advisory Committee 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 scientific 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 California 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.). #####
(B)Financial interest The financial interests of the California Bay-Delta Authority shall not be imputed to any Federal official participating in the Authority. #####
(C)Ethics requirements A Federal official participating in the California Bay-Delta Authority shall remain subject to Federal financial disclosure and conflict of interest laws and shall not be subject to State financial disclosure and conflict of interest laws. ###
(e)Environmental Justice The Federal agencies, consistent with Executive Order 12898 (59 Fed. Reg. 7629), should continue to collaborate with State agencies to— ####
(1)develop a comprehensive environmental justice workplan for the Calfed Bay-Delta Program; and ####
(2)fulfill the commitment to addressing environmental justice challenges referred to in the Calfed Bay-Delta Program Environmental Justice Workplan, dated December 13, 2000. ###
(f)Land Acquisition Federal funds appropriated by Congress specifically for implementation of the Calfed Bay-Delta Program may be used to acquire fee title to land only where consistent with the Record of Decision.
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- 59 FR 7629
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