I
107TH CONGRESS
2D SESSION
H. R. 4926
To authorize the Secretary of the Army to participate in ecosystem restoration
of the San Francisco Bay estuary, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 2002
Mr. THOMPSON of California (for himself, Ms. WOOLSEY, Mr. GEORGE MIL-
LER of California, Ms. PELOSI, Mrs. TAUSCHER, Mr. FARR of California,
Ms. LOFGREN, Mr. LANTOS, Ms. LEE, Ms. ESHOO, and Mr. STARK) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To authorize the Secretary of the Army to participate in
ecosystem restoration of the San Francisco Bay estuary,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘San Francisco Bay
Estuary Ecosystem Restoration Act of 2002’’.
SEC. 2. SAN FRANCISCO BAY ESTUARY ECOSYSTEM RES-
TORATION.
(a) IN GENERAL.—The Secretary of the Army, acting
through the Chief of Engineers, may participate in critical
restoration projects in the area of the San Francisco Bay
estuary, California, and adjacent waters, including all wa-
tersheds that drain directly into San Francisco Bay.
(b) PROJECT SELECTION.—
(1) IN GENERAL.—The Secretary may identify
critical restoration projects in the area described in
subsection (a) based on—
(A) recommendations of the Army Corps of
Engineers under the San Pablo Bay watershed
restoration program, including recommenda-
tions based on analyses conducted by Federal
or non-Federal interests before the date of en-
actment of this Act;
(B) recommendations of the California De-
partment of Fish and Game consistent with the
waterfowl habitat objectives of the Central Val-
ley Habitat Joint Venture Implementation
Plan; or
(C) other studies to determine the feasi-
bility of carrying out the critical restoration
projects.
(2) CRITERIA AND PROCEDURES FOR REVIEW
AND APPROVAL.—
(A) IN GENERAL.—The Secretary may de-
velop criteria and procedures for prioritizing
projects identified under paragraph (1).
(B) CONSISTENCY WITH SAN PABLO BAY
WATERSHED RESTORATION PROGRAM.—The cri-
teria and procedures developed under subpara-
graph (A) shall be consistent, to the maximum
extent practicable, with the criteria and proce-
dures for evaluating projects established under
the San Pablo Bay watershed restoration pro-
gram and outlined in the San Pablo Bay Wa-
tershed Restoration Framework Program Final
Report, prepared for the Army Corps of Engi-
neers and the State of California Coastal Con-
servancy, dated November 2000.
(C) CONSISTENCY WITH CENTRAL VALLEY
HABITAT
JOINT
VENTURE
IMPLEMENTATION
PLAN.—The criteria and procedures developed
under subparagraph (A) shall also be con-
sistent, to the maximum extent practicable,
with the objectives and criteria for evaluating
projects established under the Central Valley
Habitat Joint Venture Implementation Plan
prepared under the North American Waterfowl
Management Plan, dated February 1990. Such
projects may include the beneficial reuse of
dredged material to restore exterior and interior
levees, the installation of fish screens, and habi-
tat enhancement critical to the management of
seasonal and permanent waterfowl habitats on
the Grizzly Island Wildlife Area in the Suisun
Marsh.
(D) USE
OF
EXISTING
STUDIES
AND
PLANS.—In carrying out subparagraph (A), the
Secretary shall use, to the maximum extent
practicable, studies and plans in existence on
the date of enactment of this Act to identify
project needs and priorities.
(3) LOCAL
PARTICIPATION.—In prioritizing
projects for implementation under this section, the
Secretary shall consult with, and consider the prior-
ities of, public and private entities that are active in
watershed planning and ecosystem restoration in
San Francisco Bay estuary watersheds, including
nonprofit organizations, watershed planning coun-
cils, and resource conservation districts.
(c) IMPLEMENTATION.—The Secretary may carry out
projects identified under subsection (a) after entering into
an agreement with an appropriate non-Federal interest in
accordance with section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d–5b) and this section.
(d) NON-FEDERAL INTEREST.—Notwithstanding the
requirements of section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d–5b), a nonprofit entity may serve,
with the consent of the affected local government, as a
non-Federal sponsor for a project undertaken pursuant to
this section.
(e) COST SHARING.—
(1) IN
GENERAL.—Before carrying out any
project under this section, the Secretary shall enter
into a binding agreement with the non-Federal inter-
est that shall require the non-Federal interest—
(A) to pay 35 percent of the total cost of
the project;
(B) to provide any lands, easements,
rights-of-way, dredged material disposal areas,
and relocations necessary to carry out the
project; and
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabili-
tation costs associated with the project.
(2) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share
of the costs of the project may be provided in
cash or in the form of services, materials, sup-
plies, or other in-kind contributions.
(B) CREDIT.—The Secretary shall credit
the non-Federal interest—
(i) for the value of any lands, ease-
ments, rights-of-way, dredged material dis-
posal areas, or relocations provided for car-
rying out the project;
(ii) funds received from the CALFED
Bay-Delta Program; and
(iii) the cost of the design and con-
struction work carried out by the non-Fed-
eral interest before the date of execution of
a cooperation agreement for the project if
the Secretary determines that the work is
integral to the project.
(f) PRESERVATION
OF EXISTING SUISUN MARSH
HABITAT TYPES.—Consistent with habitat objectives of
the Central Valley Habitat Joint Venture Implementation
Plan under the North American Waterfowl Management
Plan, funds appropriated to carry out this section shall
not be used to convert more than 10 percent of existing
Suisun Marsh seasonal and permanent wetland habitat
types to tidal or other wetland types.
(g) DEFINITION.—For purposes of this section, the
term ‘‘critical restoration project’’ means a project (in-
cluding a project under the CALFED Bay-Delta program)
that will produce immediate and substantial ecosystem
restoration, preservation, and protection benefits.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$50,000,000, of which up to $20,000,000 shall be made
available to critical restoration projects carried out under
this section in the San Pablo Bay watershed and up to
$10,000,000 shall made available to critical restoration
projects carried out under this section on the Grizzly Is-
land Wildlife Area in the Suisun Marsh. Not more than
$10,000,000 may be used to carry out any single critical
restoration project.
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