San Francisco Bay Restoration Act of 2021
Bill: S.1906 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Environmental Protection

Summary:
San Francisco Bay Restoration Act of 2021
This bill provides support for the protection and restoration of the San Francisco Bay estuary and the recovery of certain species in the estuary.
Specifically, it establishes a San Francisco Bay Program Office in the Environmental Protection Agency.
The program must annually compile a list of funding priorities for projects or studies that advance the goals and objectives of the comprehensive conservation and management plan approved under the National Estuary Program for the San Francisco Bay estuary. The list must include projects or studies for
The program must review such plan at least once every five years and revise the plan as appropriate.
The program may provide funding through grants or other means for studies or projects on the priority list.

To amend the Federal Water Pollution Control Act to establish a grant 
program to support the restoration of San Francisco Bay, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Francisco Bay Restoration Act of 
2021''.

SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office appointed under subsection (b)(2).
            ``(2) Estuary partnership.--The term `Estuary Partnership' 
        means the San Francisco Estuary Partnership designated as the 
        management conference for the San Francisco Bay under section 
        320.
            ``(3) Office.--The term `Office' means the San Francisco 
        Bay Program Office established under subsection (b)(1).
            ``(4) 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)(1), the 
                comprehensive conservation and management plan approved 
                under section 320 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)(1), the plan developed by the Director under that 
                subsection.
    ``(b) Program Office.--
            ``(1) Establishment.--
                    ``(A) In general.--The Administrator shall 
                establish in the Environmental Protection Agency a San 
                Francisco Bay Program Office.
                    ``(B) Location.--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--
                    ``(A) have management experience and technical 
                expertise relating to the San Francisco Bay; and
                    ``(B) 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, that identifies and 
        prioritizes 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--
                    ``(A) projects, activities, and studies to be 
                carried out within the San Francisco Bay estuary 
                watershed, 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 described in subparagraph (A), including--
                            ``(i) the identity of each entity receiving 
                        assistance under subsection (e); and
                            ``(ii) a description of the communities to 
                        be served; and
                    ``(C) a description of the criteria and methods 
                established by the Director for identification of the 
                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 the date of 
        enactment of this section, the Director, in conjunction with 
        the Estuary Partnership, shall review and revise the 
        comprehensive conservation and management plan approved under 
        section 320 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 
        frequently 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--
                    ``(A) consult with the Estuary Partnership and 
                Indian tribes; and
                    ``(B) 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) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $50,000,000 for 
        each of fiscal years 2022 through 2026.
            ``(2) Administrative expenses.--Of the amount made 
        available to carry out this section for a fiscal year, the 
        Director may use not more than 5 percent to pay administrative 
        expenses incurred in carrying out this section.
            ``(3) Prohibition.--No amounts made available under this 
        section may be used for the administration of a management 
        conference under section 320.
    ``(g) Annual Budget Plan.--In each of fiscal years 2022 through 
2026, the President, as part of the annual budget submission of the 
President to Congress under section 1105(a) of title 31, United States 
Code, shall submit information regarding each Federal department and 
agency involved in San Francisco Bay protection and restoration, 
including--
            ``(1) a report that displays for each Federal agency--
                    ``(A) the amounts obligated in the preceding fiscal 
                year for protection and restoration projects, 
                activities, and studies relating to the San Francisco 
                Bay; and
                    ``(B) the proposed budget for protection and 
                restoration projects, activities, and studies relating 
                to the San Francisco Bay; and
            ``(2) a description and assessment of the Federal role in 
        the implementation of the San Francisco Bay Plan and the 
        specific role of each Federal department and agency involved in 
        San Francisco Bay protection and restoration, including 
        specific projects, activities, and studies conducted or planned 
        to achieve the identified goals and objectives of the San 
        Francisco Bay Plan.''.
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