89–010 

Calendar No. 555 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–284 

SAN FRANCISCO BAY RESTORATION ACT 

SEPTEMBER 2, 2010.—Ordered to be printed 

Filed under authority of the order of the Senate of August 5, 2010 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 3539] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 3539) to amend the Federal Water Pollution Control Act to establish a grant program to assist in the restoration 

of the San Francisco Bay, having considered the same, reports favorably thereon and recommends that the bill, as amended, do 

pass. 

GENERAL STATEMENT AND BACKGROUND

The San Francisco estuary is one of the largest estuaries on the 

West Coast of the United States. It is a critical nursing ground for 

many ocean species and provides important habitat for migratory 

birds along the Pacific Flyway. The estuary supports an array of 

important economic activities including commercial and sport fishing, shipping, industry, agriculture, recreation and tourism. As the 

region has grown over many years, the water quality and health 

of the San Francisco Bay estuary have declined. Restoring the San 

Francisco Bay will protect the health and vitality of this important 

region, and help it adapt to increasing pressures. 

EPA’s National Estuary Program was established by Congress in 

1987 as Section 320 of the Clean Water Act. The Program’s goal 

is to improve the quality of estuaries of national importance by designating such estuaries to participate in the National Estuary Program and developing plans for their restoration. Established in 


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1987, the San Francisco estuary Partnership was one of the original national estuary programs designated by EPA following the 

creation of Section 320. The San Francisco Estuary Partnership, 

like all other National Estuary Programs around the country, has 

developed a Comprehensive Conservation and Management Plan 

(CCMP) to guide restoration activities. 

S. 3539 amends the Clean Water Act to establish a grant program to fund restoration of the San Francisco Bay that will build 

on the decades of work carried out through the San Francisco Estuary Partnership under Section 320 of the Clean Water Act. The bill 

authorizes the Administrator of the Environmental Protection 

Agency (Administrator) to provide grants to State and local agencies, and public or nonprofit agencies, institutions, and organizations, for ecosystem restoration projects and habitat improvement 

for fish, waterfowl, and wildlife, in accordance with the priorities 

described in the CCMP for the San Francisco Bay estuary. 

The federal grant program authorized by this bill is designed to 

help meet the need for additional federal investment to implement 

the existing CCMP. Over the last three years, the Environmental 

Protection Agency has received $17 million in appropriations to 

provide grants for ecosystem restoration and water quality work in 

the San Francisco Bay. The authorization of this grant program 

provided for in S. 3539 will allow the EPA to budget for and build 

upon the existing grant program for Bay restoration. Significant 

federal investment is necessary to accomplish the objectives of the 

CCMP and restore this important estuary. 

OBJECTIVES OF THE LEGISLATION

This bill will establish a program to provide grants to State and 

local agencies and public or nonprofit agencies, institutions, and 

organizations for projects to restore ecosystems and improve habitat for fish, waterfowl and wildlife, in accordance with the comprehensive conservation and management plan for the San Francisco estuary. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 notes that this Act may be cited as the ‘‘San Francisco 

Bay Restoration Act’’. 

Section 2. San Francisco Bay Restoration Grant Program 

This section authorizes the Administrator of the Environmental 

Protection Agency (Administrator) to provide grants to State and 

local agencies and public or nonprofit agencies, institutions, and organizations. Grants are to be provided for projects to restore ecosystems and improve habitat for fish, waterfowl and wildlife in accordance with the comprehensive conservation and management 

plan (CCMP) for the San Francisco estuary. 

This section establishes a non-federal share of not less than 25 

percent for grants provided by the Administrator. This section authorizes such sums as are necessary for each of fiscal years 2011 

through 2025 to carry out the program and limits the administrative expenses to implement the program to five percent. 


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Discussion 

The selection of projects for funding must be done in accordance 

with the comprehensive conservation and management plan 

(CCMP) for the San Francisco estuary, which was developed pursuant to the requirements of the National Estuary Program under 

Section 320 of the Clean Water Act. The Committee also expects 

that the Environmental Protection Agency will continue to consult 

with the San Francisco Estuary Partnership in administering the 

grant program to ensure that it reflects the most current priorities 

and recommendations outlined in the CCMP. 

After establishing the San Francisco Estuary Partnership in 

1987, representatives from government agencies and private and 

community groups in the twelve-county Bay-Delta region came together in a consensus-based process over a five-year period to develop the first CCMP for the San Francisco Estuary. The Governor 

of California and U.S. Environmental Protection Agency Administrator approved the Plan in 1993. The CCMP was most recently 

updated in 2007. The CCMP is a blueprint for restoring and maintaining the Estuary through recommended corrective actions in 

nine program areas. It seeks to achieve improvements in water 

quality through restoration and maintenance of fish, shellfish, and 

wildlife populations which are balances with recreational activities. 

The grant program established by this section will support implementation of this locally-driven, consensus-based plan. 

LEGISLATIVE HISTORY

The San Francisco Bay Restoration Act was introduced by Senator Feinstein (D–CA) and co-sponsored by Senator Boxer (D–CA) 

on June 25, 2010. The bill was received, read twice, and referred 

to the Senate Committee on Environment and Public Works. A 

companion bill, H.R. 5061, was introduced in the House of Representatives on April 15, 2010, by Representative Jackie Speier (D– 

CA–12) with ten co-sponsors. 

On June 30, 2010, the Full Committee met to discuss a number 

of bills including S. 3539. During this meeting, the Committee considered the bill and adopted an amendment in the nature of a substitute that made technical changes to the bill. S. 3539 was ordered 

to be reported favorably with an amendment in the nature of a 

substitute by voice vote. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 3539 on June 30, 2010. The bill was ordered to be reported 

favorably with an amendment in the nature of a substitute by voice 

vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 3539 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 


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MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee noted that the Congressional 

Budget Office (CBO) has found, ‘‘S. 3539 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act (UMRA) and would impose no costs on state, 

local, or tribal governments.’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

AUGUST 3, 2010. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 3539, the San Francisco 

Bay Restoration Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 3539—San Francisco Bay Restoration Act 

Summary: S. 3539 would authorize a program for the Environmental Protection Agency (EPA) to provide grants to state, tribal, 

and nonprofit agencies for ecosystem restoration projects and habitat improvement in the San Francisco Estuary. Assuming appropriation of the necessary funds, CBO estimates that implementing 

S. 3539 would cost $23 million over the 2011–2015 period. 

Pay-as-you-go procedures would not apply to this legislation because it would not affect direct spending or revenues. 

S. 3539 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 3539 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 5 5 5 5 5 25 

Estimated Outlays ........................................................................ 3 5 5 5 5 23 

Basis of estimate: For this estimate, CBO assumes that S. 3539 

will be enacted near the beginning of fiscal year 2011 and that the 

necessary amounts will be appropriated in each year. Based on the 

level of recent EPA spending on San Francisco Bay restoration 

projects, CBO estimates that about $5 million a year would be 

needed to provide grants authorized by this legislation. Estimated 


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outlays are based on historical spending patterns for similar programs. 

Pay-as-you-go considerations: None. 

Intergovernmental and private-sector impact: S. 3539 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

State and tribal governments could benefit from grants authorized 

by the bill. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman; Impact on State, Local, and Tribal Governments: Ryan Miller; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

FEDERAL WATER POLLUTION CONTROL ACT 

TITLE I—RESEARCH AND RELATED PROGRAMS 

* * * * * * * 

SEC. 101. (a) The objective of this Act is to restore and maintain 

the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, 

consistent with the provisions of this Act— 

(1) * * * 

* * * * * * * 

SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS. 

(a) IN GENERAL.—* * * 

* * * * * * * 

(c) FUNDING.— (1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section $10,000,000 for fiscal year 2002, 

$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal 

year 2004. Such funds shall remain available until expended. 

(2) STORMWATER.—The Administrator shall make available 

not less than 20 percent of amounts appropriated for a fiscal 

year pursuant to this subsection to carry out the purposes of 

subsection (a)(2). 

(3) ADMINISTRATIVE EXPENSES.—The Administrator may retain not to exceed 4 percent of any amounts appropriated for 

a fiscal year pursuant to this subsection for the reasonable and 

necessary costs of administering this section. 

(d) REPORT TO CONGRESS.—Not later than 5 years after the date 

of enactment of this section, the Administrator shall transmit to 

Congress a report on the results of the pilot projects conducted 

under this section and their possible application nationwide. 


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SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. 

(a) GRANT PROGRAM.— 

(1) IN GENERAL.—Pursuant to section 320, the Administrator 

may provide grants to State and local agencies, and public or 

nonprofit agencies, institutions, and organizations, for ecosystem restoration projects and habitat improvement for fish, 

waterfowl, and wildlife, in accordance with the priorities described in the comprehensive conservation and management 

plan for the San Francisco estuary. 

(2) MAXIMUM AMOUNT OF GRANTS; NON-FEDERAL SHARE.— 

(A) MAXIMUM AMOUNT OF GRANTS.—A grant provided to 

any individual or entity under this section for a fiscal year 

shall not exceed an amount equal to 75 percent of the total 

cost of eligible activities that are to be carried out using 

funds from the grant. 

(B) NON-FEDERAL SHARE.—The non-Federal share of the 

total cost of any eligible activities that are carried out using 

funds from a grant provided under this section shall be— 

(i) not less than 25 percent; and 

(ii) provided from non-Federal sources. 

(b) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Administrator to carry out this 

section such sums as are necessary for each of fiscal years 2011 

through 2020. 

(2) ADMINISTRATIVE EXPENSES.—Of the amount made available to carry out this section for a fiscal year, the Administrator 

shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. 

* * * * * * * 

Æ 


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