I

103D CONGRESS

1ST SESSION H. R. 2320

To amend the Federal Water Pollution Control Act to provide for implementation of a comprehensive plan for the San Francisco Bay-Delta Estuary,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Ms. PELOSI (for herself, Mr. MILLER of California, Mr. DELLUMS, Mr. FAZIO,

Mr. EDWARDS of California, Mr. STARK, Mr. LANTOS, Ms. ESHOO, Ms.

WOOLSEY, and Mr. HAMBURG) introduced the following bill; which was

referred jointly to the Committees on Public Works and Transportation

and Merchant Marine and Fisheries

A BILL

To amend the Federal Water Pollution Control Act to provide for implementation of a comprehensive plan for the

San Francisco Bay-Delta Estuary, 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 Bay5 Delta Estuary Restoration Act of 1993’’.
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1 SEC. 2. IMPLEMENTATION OF COMPREHENSIVE PLAN FOR

2 SAN FRANCISCO BAY-DELTA ESTUARY.

3 Title I of the Federal Water Pollution Control Act

4 (33 U.S.C. 1251 et seq.) is amended by adding at the end

5 the following new section:

6 ‘‘SEC. 121. SAN FRANCISCO BAY-DELTA ESTUARY.

7 ‘‘(a) ESTABLISHMENT OF EXECUTIVE COUNCIL AND

8 OFFICE.—The Administrator shall establish an Executive

9 Council of the San Francisco Bay-Delta Estuary Restora10 tion Program (hereinafter in this section referred to as

11 the ‘Executive Council’).

12 ‘‘(b) EXECUTIVE COUNCIL.—

13 ‘‘(1) DUTIES.—The Executive Council shall

14 oversee and coordinate the implementation of the

15 Comprehensive Conservation and Management Plan

16 for the San Francisco Bay-Delta Estuary developed

17 pursuant to section 320 of this Act (hereinafter in

18 this section referred to as the ‘Comprehensive

19 Plan’).

20 ‘‘(2) MEMBERSHIP.—The Executive Council

21 shall be composed of 5 members as follows:

22 ‘‘(A) The Regional Administrator of the

23 Environmental Protection Agency for Region

24 IX.

25 ‘‘(B) The Regional Director of the United

26 States Fish and Wildlife Service for Region I.
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1 ‘‘(C) 1 member appointed by the Adminis2 trator, in consultation with the San Francisco

3 Estuary Project’s Management Committee,

4 from among individuals who are representatives

5 of State agencies responsible for resource man6 agement.

7 ‘‘(D) 1 member appointed by the Adminis8 trator, in consultation with the San Francisco

9 Estuary Project’s Management Committee,

10 from among individuals who are representatives

11 of State agencies responsible for environmental

12 management.

13 ‘‘(E) 1 member appointed by the Adminis14 trator, in consultation with the San Francisco

15 Estuary Project’s Management Committee,

16 from among individuals who are local elected of17 ficials for the San Francisco Bay-Delta region.

18 ‘‘(3) POWERS.—

19 ‘‘(A) ESTABLISHMENT OF RESTORATION

20 PROGRAM OFFICE.—The Executive Council

21 shall establish an Office of the San Francisco

22 Bay-Delta Estuary Restoration Program (here23 inafter in this section referred to as the ‘Of24 fice’) to be located on or near the San Fran25 cisco Bay-Delta Estuary.
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1 ‘‘(B) IMPLEMENTATION COMMITTEE.—The

2 Executive Council shall establish an Implemen3 tation Committee to provide assistance to the

4 Council in carrying out its duties and imple5 menting the comprehensive plan referred to in

6 paragraph (1). The Implementation Committee

7 shall be composed of not to exceed 25 members

8 including the following:

9 ‘‘(i) Members appointed by the Execu10 tive Council from among individuals who

11 are representatives of local, State, and

12 Federal agencies involved in implementing

13 the Comprehensive Plan.

14 ‘‘(ii) 3 members appointed by the Ex15 ecutive Council from among individuals

16 recommended by the environmental rep17 resentatives on the San Francisco Estuary

18 Project’s Management Committee to rep19 resent the San Francisco Bay-Delta Estu20 ary environmental community.

21 ‘‘(iii) 3 members appointed by the Ex22 ecutive Council from among individuals

23 recommended by the business, water use,

24 and discharger representatives on the San

25 Francisco Estuary Project’s Management
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1 Committee to represent the San Francisco

2 Bay-Delta business, water use, and dis3 charger communities.

4 ‘‘(iv) 1 member appointed by the Ex5 ecutive Council from among individuals

6 recommended by the fisheries representa7 tives on the San Francisco Estuary

8 Project’s Management Committee to rep9 resent fisheries.

10 ‘‘(C) ADDITIONAL ADVISORY COMMIT11 TEES.—The Executive Council may establish

12 such additional advisory committees as the

13 Council determines to be necessary to imple14 ment the Comprehensive Plan.

15 ‘‘(D) EVALUATION AND REPORTING.—Not

16 later than 2 years after the date of approval of

17 the Comprehensive Plan, and biennially there18 after, the Executive Council shall issue a public

19 report to the Administrator, the Governor of

20 California, and Congress which—

21 ‘‘(i) evaluates the progress made in

22 implementing the Comprehensive Plan;

23 ‘‘(ii) identifies anticipated priorities

24 and needs for future implementation of the

25 Comprehensive Plan;
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1 ‘‘(iii) specifies recommendations and

2 justification for potential modifications to

3 the Comprehensive Plan; and

4 ‘‘(iv) summarizes any modifications to

5 the Comprehensive Plan that may have

6 been approved in the 24-month period im7 mediately preceding such report.

8 The report shall be prepared in a manner con9 sistent with specified review procedures that

10 allow for effective input from the involved agen11 cies and the public.

12 ‘‘(c) OFFICE.—

13 ‘‘(1) ADMINISTRATION AND STAFFING.—

14 ‘‘(A) IN GENERAL.—The Office shall be

15 headed by a Director, appointed by the Execu16 tive Council, who shall select additional appro17 priate staff as may be necessary to carry out

18 the duties of the Director under this section.

19 ‘‘(B) APPLICABILITY OF CERTAIN CIVIL

20 SERVICE LAWS.—The Director and staff of the

21 Office may be appointed without regard to the

22 provisions of title 5, United States Code, gov23 erning appointments in the competitive service,

24 and may be paid without regard to the provi25 sions of chapter 51 and subchapter III of chap-
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1 ter 53 of such title, relating to classification

2 and General Schedule pay rates.

3 ‘‘(2) DUTIES.—

4 ‘‘(A) IN GENERAL.—The Director shall—

5 ‘‘(i) assist the Executive Council and

6 the Implementation Committee in carrying

7 out its goals;

8 ‘‘(ii) be the primary supervisor of the

9 programs and activities of the Office; and

10 ‘‘(iii) be responsible for developing

11 and implementing the Office’s work plan

12 and budget.

13 ‘‘(B) SPECIFIED DUTIES.—The Director’s

14 duties shall also include such additional duties

15 as may be specified by the Executive Council

16 and the Implementation Committee. Such du17 ties shall include, but not be limited to, the fol18 lowing:

19 ‘‘(i) Assisting and supporting the im20 plementation of the Comprehensive Plan to

21 ensure success toward achieving the follow22 ing vision for the San Francisco Bay-Delta

23 Estuary set forth in the Comprehensive

24 Plan: ‘We, the people of California and the

25 San Francisco Bay-Delta region, believe
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1 the San Francisco Bay-Delta Estuary is

2 an international treasure and that our on3 going stewardship is critical to its preser4 vation, restoration, and enhancement. Ac5 knowledging the importance of the Estuary

6 to our environmental and economic well7 being, we pledge to achieve and maintain

8 an ecologically diverse and productive nat9 ural estuarine system.’.

10 ‘‘(ii) Conducting, coordinating, and

11 commissioning research, studies, and ac12 tivities considered necessary for implemen13 tation of the Comprehensive Plan in order

14 to accomplish the mission statements iden15 tified in the Comprehensive Plan.

16 ‘‘(iii) Identifying and pursuing options

17 for long-term financing of actions under

18 the Comprehensive Plan.

19 ‘‘(iv) Identifying and coordinating the

20 grant, research, and planning programs

21 authorized under this section.

22 ‘‘(v) Coordinating activities and imple23 menting responsibilities with—

24 ‘‘(I) other Federal agencies and

25 State and local agencies which have
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1 jurisdiction over the San Francisco

2 Estuary;

3 ‘‘(II) the federally approved State

4 coastal management program for San

5 Francisco Bay; and

6 ‘‘(III) national and regional ma7 rine monitoring and research pro8 grams.

9 ‘‘(vi) Providing administrative and

10 technical support to the Executive Council,

11 the Implementation Committee, and any

12 other advisory committees established by

13 the Executive Council.

14 ‘‘(vii) Assisting the Executive Council

15 to ensure that the Comprehensive Plan’s

16 public involvement and education program

17 is carried out.

18 ‘‘(viii) Assisting the Executive Council

19 to ensure that an estuary-wide monitoring

20 program and a coordinated estuary re21 search program are underway through the

22 coordination of the proposed San Fran23 cisco Estuarine Institute.

24 ‘‘(ix) Assisting the Executive Council

25 with preparation of biennial reports that
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1 evaluate the success of the Comprehensive

2 Plan and identify recommendations for im3 proved implementation.

4 ‘‘(x) Convening conferences and meet5 ings for legislators from Federal, State,

6 and local governments and political sub7 divisions thereof for the purpose of making

8 recommendations for coordinating legisla9 tive efforts to facilitate the environmental

10 restoration of the San Francisco Bay-Delta

11 Estuary and the implementation of the

12 Comprehensive Plan.

13 ‘‘(d) GRANTS.—

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

15 through the Director, may make grants to eligible

16 recipients described in paragraph (3) for projects

17 and studies which will help in implementation of the

18 Comprehensive Plan.

19 ‘‘(2) ADDITIONAL AUTHORITY.—In addition,

20 the Administrator may make grants to eligible re21 cipients for the purpose of acquiring such remnant

22 habitats, acquiring and restoring such degraded wet23 lands and uplands, and promoting the reuse of such

24 dredged material as may be necessary for implemen25 tation of the Comprehensive Plan.
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1 ‘‘(3) ELIGIBLE RECIPIENTS.—State, interstate,

2 coastal management, and regional water pollution

3 control agencies and other public and nongovern4 mental nonprofit agencies, institutions, and organi5 zations shall be eligible for grants under this sub6 section.

7 ‘‘(4) PRIORITY.—In making grants under this

8 subsection, priority consideration shall be given—

9 ‘‘(A) to establishing the San Francisco Es10 tuarine Institute to coordinate implementation

11 of the Comprehensive Plan’s research and mon12 itoring program;

13 ‘‘(B) to activities to conduct the Com14 prehensive Plan’s public involvement and edu15 cation program; and

16 ‘‘(C) to other activities contained in the

17 Comprehensive Plan that are identified as pri18 ority activities by the Implementation Commit19 tee and the Executive Council.

20 ‘‘(4) FEDERAL SHARE.—

21 ‘‘(A) IN GENERAL.—Except as provided in

22 subparagraphs (B) and (C), the Federal share

23 of the cost of a project or study receiving

24 amounts from a grant under this subsection

25 shall not exceed 75 percent in the aggregate.
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1 ‘‘(B) GRANTS TO NONGOVERNMENTAL

2 NONPROFIT RECIPIENTS.—Except as provided

3 in subparagraph (C), for grants made to non4 governmental nonprofit recipients, the Federal

5 share of the cost of a project shall not exceed

6 95 percent in the aggregate.

7 ‘‘(C) GRANTS FOR RESTORATION

8 PROJECTS.—For grants authorized under para9 graph (2), the Federal share of the cost of a

10 project shall not exceed 50 percent in the ag11 gregate. The Administrator, acting through the

12 Director, shall determine the percentage of the

13 required non-Federal match on a case-by-case

14 basis. Priority shall be given to projects that

15 demonstrate cooperative approaches, including

16 interagency efforts and partnerships between

17 public and private entities.

18 ‘‘(D) NON-FEDERAL SOURCES.—A grant

19 under this subsection to carry out a project

20 shall be made on the condition that the non21 Federal share of the cost of the project will be

22 provided by non-Federal sources.

23 ‘‘(e) AUTHORIZATIONS.—There is authorized to be

24 appropriated to the Administrator—
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1 ‘‘(1) for the implementation of this section,

2 other than subsections (c)(1) and (d), such sums as

3 may be necessary for each of fiscal years 1994

4 through 1998;

5 ‘‘(2) for the implementation of subsection (c)(1)

6 not to exceed $3,000,000 per fiscal year for each of

7 fiscal years 1994 through 1998; and

8 ‘‘(3) for the implementation of subsection (d)

9 not to exceed $10,000,000 per fiscal year for each

10 of fiscal years 1994 through 1998.’’.

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