II 

116TH CONGRESS 

2D SESSION H. R. 1132 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2020 

Received 

AN ACT 

To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San 

Francisco Bay. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘San Francisco Bay 

3 Restoration Act’’. 

4 SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PRO5 GRAM. 

6 Title I of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PRO10 GRAM. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) ESTUARY PARTNERSHIP.—The term ‘Es13 tuary Partnership’ means the San Francisco Estu14 ary Partnership, designated as the management con15 ference for the San Francisco Bay under section 

16 320. 

17 ‘‘(2) SAN FRANCISCO BAY PLAN.—The term 

18 ‘San Francisco Bay Plan’ means— 

19 ‘‘(A) until the date of the completion of the 

20 plan developed by the Director under subsection 

21 (d), the comprehensive conservation and man22 agement plan approved under section 320 for 

23 the San Francisco Bay estuary; and 

24 ‘‘(B) on and after the date of the comple25 tion of the plan developed by the Director under 


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1 subsection (d), the plan developed by the Direc2 tor under subsection (d). 

3 ‘‘(b) PROGRAM OFFICE.— 

4 ‘‘(1) ESTABLISHMENT.—The Administrator 

5 shall establish in the Environmental Protection 

6 Agency a San Francisco Bay Program Office. The 

7 Office shall be located at the headquarters of Region 

8 9 of the Environmental Protection Agency. 

9 ‘‘(2) APPOINTMENT OF DIRECTOR.—The Ad10 ministrator shall appoint a Director of the Office, 

11 who shall have management experience and technical 

12 expertise relating to the San Francisco Bay and be 

13 highly qualified to direct the development and imple14 mentation of projects, activities, and studies nec15 essary to implement the San Francisco Bay Plan. 

16 ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— 

17 The Administrator shall delegate to the Director 

18 such authority and provide such staff as may be nec19 essary to carry out this section. 

20 ‘‘(c) ANNUAL PRIORITY LIST.— 

21 ‘‘(1) IN GENERAL.—After providing public no22 tice, the Director shall annually compile a priority 

23 list, consistent with the San Francisco Bay Plan, 

24 identifying and prioritizing the projects, activities, 


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1 and studies to be carried out with amounts made 

2 available under subsection (e). 

3 ‘‘(2) INCLUSIONS.—The annual priority list 

4 compiled under paragraph (1) shall include the fol5 lowing: 

6 ‘‘(A) Projects, activities, and studies, in7 cluding restoration projects and habitat im8 provement for fish, waterfowl, and wildlife, that 

9 advance the goals and objectives of the San 

10 Francisco Bay Plan, for— 

11 ‘‘(i) water quality improvement, in12 cluding the reduction of marine litter; 

13 ‘‘(ii) wetland, riverine, and estuary 

14 restoration and protection; 

15 ‘‘(iii) nearshore and endangered spe16 cies recovery; and 

17 ‘‘(iv) adaptation to climate change. 

18 ‘‘(B) Information on the projects, activi19 ties, and studies specified under subparagraph 

20 (A), including— 

21 ‘‘(i) the identity of each entity receiv22 ing assistance pursuant to subsection (e); 

23 and 

24 ‘‘(ii) a description of the communities 

25 to be served. 


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1 ‘‘(C) The criteria and methods established 

2 by the Director for identification of projects, ac3 tivities, and studies to be included on the an4 nual priority list. 

5 ‘‘(3) CONSULTATION.—In compiling the annual 

6 priority list under paragraph (1), the Director shall 

7 consult with, and consider the recommendations of— 

8 ‘‘(A) the Estuary Partnership; 

9 ‘‘(B) the State of California and affected 

10 local governments in the San Francisco Bay es11 tuary watershed; 

12 ‘‘(C) the San Francisco Bay Restoration 

13 Authority; and 

14 ‘‘(D) any other relevant stakeholder in15 volved with the protection and restoration of 

16 the San Francisco Bay estuary that the Direc17 tor determines to be appropriate. 

18 ‘‘(d) SAN FRANCISCO BAY PLAN.— 

19 ‘‘(1) IN GENERAL.—Not later than 5 years 

20 after the date of enactment of this section, the Di21 rector, in conjunction with the Estuary Partnership, 

22 shall review and revise the comprehensive conserva23 tion and management plan approved under section 

24 320 for the San Francisco Bay estuary to develop 

25 a plan to guide the projects, activities, and studies 


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1 of the Office to address the restoration and protec2 tion of the San Francisco Bay. 

3 ‘‘(2) REVISION OF SAN FRANCISCO BAY

4 PLAN.—Not less often than once every 5 years after 

5 the date of the completion of the plan described in 

6 paragraph (1), the Director shall review, and revise 

7 as appropriate, the San Francisco Bay Plan. 

8 ‘‘(3) OUTREACH.—In carrying out this sub9 section, the Director shall consult with the Estuary 

10 Partnership and Indian tribes and solicit input from 

11 other non-Federal stakeholders. 

12 ‘‘(e) GRANT PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Director may provide 

14 funding through cooperative agreements, grants, or 

15 other means to State and local agencies, special dis16 tricts, and public or nonprofit agencies, institutions, 

17 and organizations, including the Estuary Partner18 ship, for projects, activities, and studies identified on 

19 the annual priority list compiled under subsection 

20 (c). 

21 ‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED22 ERAL SHARE.— 

23 ‘‘(A) MAXIMUM AMOUNT OF GRANTS.— 

24 Amounts provided to any entity under this sec25 tion for a fiscal year shall not exceed an 


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1 amount equal to 75 percent of the total cost of 

2 any projects, activities, and studies that are to 

3 be carried out using those amounts. 

4 ‘‘(B) NON-FEDERAL SHARE.—Not less 

5 than 25 percent of the cost of any project, ac6 tivity, or study carried out using amounts pro7 vided under this section shall be provided from 

8 non-Federal sources. 

9 ‘‘(f) FUNDING.— 

10 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

12 this section $25,000,000 for each of fiscal years 

13 2021 through 2025. 

14 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

15 amount made available to carry out this section for 

16 a fiscal year, the Director may not use more than 

17 5 percent to pay administrative expenses incurred in 

18 carrying out this section. 

19 ‘‘(3) PROHIBITION.—No amounts made avail20 able under this section may be used for the adminis21 tration of a management conference under section 

22 320. 

23 ‘‘(g) ANNUAL BUDGET PLAN.—In each of fiscal 

24 years 2021 through 2025, the President, as part of the 

25 annual budget submission of the President to Congress 


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1 under section 1105(a) of title 31, United States Code, 

2 shall submit information regarding each Federal depart3 ment and agency involved in San Francisco Bay protection 

4 and restoration, including— 

5 ‘‘(1) a report that displays for each Federal 

6 agency— 

7 ‘‘(A) the amounts obligated in the pre8 ceding fiscal year for protection and restoration 

9 projects, activities, and studies relating to the 

10 San Francisco Bay; and 

11 ‘‘(B) the proposed budget for protection 

12 and restoration projects, activities, and studies 

13 relating to the San Francisco Bay; and 

14 ‘‘(2) a description and assessment of the Fed15 eral role in the implementation of the San Francisco 

16 Bay Plan and the specific role of each Federal de17 partment and agency involved in San Francisco Bay 

18 protection and restoration, including specific 

19 projects, activities, and studies conducted or planned 


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1 to achieve the identified goals and objectives of the 

2 San Francisco Bay Plan.’’. 

Passed the House of Representatives February 5, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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