33 U.S.C. § 1276a (NAVIGATION AND NAVIGABLE WATERS)
§ 1276a. San Francisco Bay restoration grant program
(a) Definitions
In this section:
(1) Estuary Partnership
The term “Estuary Partnership” means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 1330 of this title.
(2) San Francisco Bay Plan
The term “San Francisco Bay Plan” means—
(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 1330 of this title for the San Francisco Bay estuary; and
(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d).
(b) Program Office
(1) Establishment
The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency.
(2) Appointment of Director
The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan.
(3) Delegation of authority; staffing
The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.
(c) Annual priority list
(1) In general
After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e).
(2) Inclusions
The annual priority list compiled under paragraph (1) shall include the following:
(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for—
(i) water quality improvement, including the reduction of marine litter;
(ii) wetland, riverine, and estuary restoration and protection;
(iii) nearshore and endangered species recovery; and
(iv) adaptation to climate change.
(B) Information on the projects, activities, and studies specified under subparagraph (A), including—
(i) the identity of each entity receiving assistance pursuant to subsection (e); and
(ii) a description of the communities to be served.
(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.
(3) Consultation
In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—
(A) the Estuary Partnership;
(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;
(C) the San Francisco Bay Restoration Authority; and
(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.
(d) San Francisco Bay Plan
(1) In general
Not later than 5 years after December 23, 2022, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 1330 of this title for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay.
(2) Revision of San Francisco Bay Plan
Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan.
(3) Outreach
In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders.
(e) Grant program
(1) In general
The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c).
(2) Maximum amount of grants; non-Federal share
(A) Maximum amount of grants
Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts.
(B) Non-Federal share
Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources.
(f) Funding
(1) Administrative expenses
Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section.
(2) Prohibition
No amounts made available under this section may be used for the administration of a management conference under section 1330 of this title.
(June 30, 1948, ch. 758, title I, § 125, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(a), Dec. 23, 2022, 136 Stat. 3845.)