I 

111TH CONGRESS 

2D SESSION H. R. 5061 

To amend the Federal Water Pollution Control Act to provide assistance 

for programs and activities to protect the water quality of the San 

Francisco Bay, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2010 

Ms. SPEIER (for herself, Ms. ESHOO, Mr. GARAMENDI, Mr. HONDA, Ms. LEE

of California, Ms. ZOE LOFGREN of California, Mr. STARK, Ms. WOOLSEY, Mr. MCNERNEY, Mr. GEORGE MILLER of California, and Mr. 

THOMPSON of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect 

the water quality of the San Francisco Bay, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Improvement Act of 2010’’. 


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1 SEC. 2. SAN FRANCISCO BAY. 

2 Title I of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 123. SAN FRANCISCO BAY. 

6 ‘‘(a) DEFINITIONS.—In this section, the following 

7 definitions apply: 

8 ‘‘(1) COMMITTEE.—The term ‘Committee’ 

9 means the San Francisco Bay Program Advisory 

10 Committee established under subsection (d). 

11 ‘‘(2) COMPREHENSIVE PLAN.—The term ‘com12 prehensive plan’ means the comprehensive conserva13 tion and management plan for the San Francisco 

14 Bay established under section 320, including any 

15 amendments thereto. 

16 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

17 the Director of the Office, except with respect to 

18 subsections (d)(2) and (e). 

19 ‘‘(4) OFFICE.—The term ‘Office’ means the 

20 San Francisco Bay Program Office established 

21 under subsection (b). 

22 ‘‘(5) REGIONAL MONITORING PROGRAM.—The 

23 term ‘Regional Monitoring Program’ means the pro24 gram of the San Francisco Estuary Institute estab25 lished in 1993 by the San Francisco Bay Regional 

26 Water Quality Control Board to monitor contaminaVerDate Nov 24 2008 20:35 Apr 19, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5061.IH H5061

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1 tion in the San Francisco Bay and to provide data 

2 to water quality regulators for effective management 

3 of such Bay. 

4 ‘‘(6) SAN FRANCISCO BAY.—The term ‘San 

5 Francisco Bay’ means the areas comprising the San 

6 Francisco Bay as determined by the Director. 

7 ‘‘(7) SAN FRANCISCO ESTUARY PARTNER8 SHIP.—The term ‘San Francisco Estuary Partner9 ship’ means the agency established in 1987 under 

10 section 320 to develop and implement a comprehen11 sive conservation and management plan to restore 

12 and maintain the chemical, physical, and biological 

13 integrity of the San Francisco Bay. 

14 ‘‘(b) PROGRAM OFFICE.— 

15 ‘‘(1) ESTABLISHMENT.—The Administrator 

16 shall establish in the Environmental Protection 

17 Agency a San Francisco Bay Program Office. The 

18 Office shall be located at the headquarters of region 

19 9 of the Environmental Protection Agency. 

20 ‘‘(2) APPOINTMENT OF DIRECTOR.—The Ad21 ministrator shall appoint a Director of the Office, 

22 who, by reason of management experience and tech23 nical expertise relating to the San Francisco Bay, 

24 shall be highly qualified to support the development 


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1 and implementation of projects, programs, and stud2 ies necessary to implement the comprehensive plan. 

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

4 The Administrator shall delegate to the Director 

5 such authority and provide such staff as may be nec6 essary to carry out this section. 

7 ‘‘(c) DUTIES.— 

8 ‘‘(1) IN GENERAL.—In carrying out this sec9 tion, the Administrator, acting through the Director, 

10 shall— 

11 ‘‘(A) assist and support the implementa12 tion of the comprehensive plan; 

13 ‘‘(B) provide funding and make grants for 

14 implementation of the comprehensive plan and 

15 projects, programs, and studies consistent with 

16 the priorities of the comprehensive plan; 

17 ‘‘(C) promote innovative methodologies and 

18 technologies that are cost-effective and con19 sistent with the identified goals and objectives 

20 of the comprehensive plan and Environmental 

21 Protection Agency permitting processes; 

22 ‘‘(D) coordinate the major functions of the 

23 Federal Government related to the implementa24 tion of the comprehensive plan, including 


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1 projects, programs, and studies with respect 

2 to— 

3 ‘‘(i) water quality improvement; 

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

5 restoration and protection; 

6 ‘‘(iii) nearshore and endangered spe7 cies recovery; and 

8 ‘‘(iv) adaptation to climate change; 

9 ‘‘(E) coordinate research and planning 

10 projects authorized under this section with the 

11 San Francisco Estuary Partnership, Federal 

12 departments and agencies, State agencies, local 

13 governments, federally recognized Indian tribes, 

14 universities, and other public or nonprofit pri15 vate organizations to advance implementation of 

16 the comprehensive plan; 

17 ‘‘(F) track progress with respect to meet18 ing the identified goals and objectives of the 

19 comprehensive plan by— 

20 ‘‘(i) implementing and supporting a 

21 project, program, and study monitoring 

22 system consistent with the systems used by 

23 the San Francisco Estuary Partnership; 

24 and 


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1 ‘‘(ii) coordinating, managing, and re2 porting environmental data relating to San 

3 Francisco Bay in a manner consistent with 

4 methodologies utilized by the Regional 

5 Monitoring Program, including, to the ex6 tent practicable, making such data and re7 ports on such data available to the public, 

8 including on the Internet, in a timely fash9 ion; and 

10 ‘‘(G) collect and make available to the pub11 lic, including on the Internet, publications and 

12 other forms of information relating to the envi13 ronmental quality of the San Francisco Bay. 

14 ‘‘(2) IMPLEMENTATION METHODS.—The Ad15 ministrator, acting through the Director, may enter 

16 into interagency agreements, make intergovern17 mental personnel appointments, provide funding, 

18 and make grants in carrying out the duties under 

19 this subsection. 

20 ‘‘(d) SAN FRANCISCO BAY PROGRAM ADVISORY COM21 MITTEE.— 

22 ‘‘(1) IN GENERAL.—The Administrator shall es23 tablish a San Francisco Bay Program Advisory 

24 Committee to provide advice to the Administrator on 


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1 the implementation of the identified goals and objec2 tives of the comprehensive plan. 

3 ‘‘(2) COMPOSITION.—The Committee shall con4 sist of the Director and Steering Committee of the 

5 San Francisco Estuary Partnership, and representa6 tives of appropriate Federal and State departments 

7 and agencies that may affect or implement projects 

8 or programs identified in the comprehensive plan. 

9 Participation on the Committee shall be voluntary 

10 for any individual that is not an employee of the 

11 Federal Government. 

12 ‘‘(3) CHAIRPERSON.—The Director shall serve 

13 as the chairperson of the Committee. 

14 ‘‘(4) MEETINGS.—The Committee shall meet at 

15 least twice per year— 

16 ‘‘(A) to assess the progress of the Office in 

17 meeting the identified goals and objectives of 

18 the comprehensive plan; 

19 ‘‘(B) to identify improvements necessary 

20 for meeting the identified goals and objectives 

21 of the comprehensive plan; and 

22 ‘‘(C) to assess Federal department and 

23 agency budget needs with respect to imple24 menting the comprehensive plan. 


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1 ‘‘(5) COMPENSATION OF MEMBERS.—A member 

2 of the Committee shall serve without compensation. 

3 ‘‘(6) TRAVEL EXPENSES.—Subject to the avail4 ability of appropriations, the Administrator shall re5 imburse a member of the Committee for travel ex6 penses, including per diem in lieu of subsistence, at 

7 rates authorized for an employee of a Federal agen8 cy under subchapter I of chapter 57 of title 5, 

9 United States Code, while away from home or the 

10 regular place of business of the member in perform11 ance of services for the Committee. 

12 ‘‘(e) REPORT.—Not later than one year after the date 

13 of enactment of this section, and biennially thereafter, the 

14 Administrator, in consultation with the Director of the 

15 San Francisco Estuary Partnership, shall submit to Con16 gress a report that— 

17 ‘‘(1) summarizes progress with respect to imple18 menting the comprehensive plan and achieving the 

19 identified goals and objectives described in the com20 prehensive plan; 

21 ‘‘(2) summarizes any modifications to the com22 prehensive plan made in the 2-year period preceding 

23 such report; 

24 ‘‘(3) includes specific recommendations for im25 plementation of the comprehensive plan; and 


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1 ‘‘(4) summarizes the roles and progress of each 

2 Federal department or agency that has jurisdiction 

3 in the San Francisco Bay with respect to meeting 

4 the identified goals and objectives of the comprehen5 sive plan. 

6 ‘‘(f) IMPLEMENTATION OF COMPREHENSIVE PLAN.— 

7 ‘‘(1) IN GENERAL.—The Administrator, acting 

8 through the Director and in consultation with the 

9 San Francisco Estuary Partnership, shall carry out 

10 projects, programs, and studies to implement the 

11 comprehensive plan. 

12 ‘‘(2) PRIORITY PROJECTS, PROGRAMS, AND

13 STUDIES.—In carrying out paragraph (1), the Ad14 ministrator shall give priority to projects, programs, 

15 and studies that are identified as priorities by the 

16 San Francisco Estuary Partnership in the com17 prehensive plan. 

18 ‘‘(3) GRANTS.— 

19 ‘‘(A) IN GENERAL.—The Administrator, 

20 acting through the Director, is authorized to 

21 make grants for projects, programs, and studies 

22 to implement the comprehensive plan. 

23 ‘‘(B) ALLOCATIONS.—In making grants 

24 under this paragraph, the Administrator shall 

25 use— 


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1 ‘‘(i) 2.5 percent of the funds appro2 priated for making grants under this para3 graph for a fiscal year to make a com4 prehensive grant to the San Francisco Es5 tuary Partnership to manage implementa6 tion of the comprehensive plan; and 

7 ‘‘(ii) 97.5 percent of funds appro8 priated for making grants under this para9 graph for a fiscal year to make grants to 

10 State and regional water pollution control 

11 agencies and entities, including the San 

12 Francisco Estuary Partnership, federally 

13 recognized Indian tribes, State coastal zone 

14 management agencies, local governments, 

15 and public or nonprofit private agencies, 

16 institutions, or organizations to implement 

17 projects, programs, and studies that ad18 vance implementation of the comprehensive 

19 plan. 

20 ‘‘(C) GRANT ELIGIBILITY.—An entity shall 

21 be eligible for grants under this paragraph only 

22 if grant funds shall be used for projects, pro23 grams, and studies that are pursuant to the 

24 comprehensive plan. 

25 ‘‘(4) FEDERAL SHARE.— 


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1 ‘‘(A) MANAGEMENT GRANTS.—The Fed2 eral share of the cost of management activities 

3 carried out using funds from a grant under 

4 paragraph (3)(B)(i) shall not exceed 75 per5 cent. 

6 ‘‘(B) PROJECT, PROGRAM, AND STUDY

7 GRANTS.—The Federal share of the cost of a 

8 project, program, or study carried out using 

9 funds from a grant under paragraph (3)(B)(ii) 

10 shall not exceed 50 percent. 

11 ‘‘(g) ANNUAL BUDGET PLAN.—The President, as 

12 part of the annual budget submission of the President 

13 under section 1105 of title 31, United States Code, shall 

14 submit information regarding each Federal department 

15 and agency involved in San Francisco Bay protection and 

16 restoration, including— 

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

18 agency— 

19 ‘‘(A) the amounts obligated in the pre20 ceding fiscal year for protection and restoration 

21 projects, programs, and studies relating to the 

22 San Francisco Bay; and 

23 ‘‘(B) the proposed budget for protection 

24 and restoration projects, programs, and studies 

25 relating to the San Francisco Bay; and 


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1 ‘‘(2) a description and assessment of the Fed2 eral role in the implementation of the comprehensive 

3 plan and the specific role of each Federal depart4 ment and agency involved in San Francisco Bay pro5 tection and restoration, including specific projects, 

6 programs, and studies conducted or planned to 

7 achieve the identified goals and objectives of the 

8 comprehensive plan. 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Administrator to 

11 carry out this section $100,000,000 for each of fiscal 

12 years 2011 through 2021. Such sums shall remain avail13 able until expended.’’. 

Æ 


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