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[Senate Report 111-284]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 555
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-284

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                   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 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.
            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.

                          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 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 [black 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.

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.

           *       *       *       *       *       *       *

                                  
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