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II
116TH CONGRESS
2D SESSION
H. R. 1132
IN THE SENATE OF THE UNITED STATES
FEBRUARY 10, 2020
Received
AN ACT
To amend the Federal Water Pollution Control Act to estab-
lish a grant program to support the restoration of San
Francisco Bay.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘San Francisco Bay
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Restoration Act’’.
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SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PRO-
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GRAM.
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Title I of the Federal Water Pollution Control Act
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(33 U.S.C. 1251 et seq.) is amended by adding at the end
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the following:
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‘‘SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PRO-
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GRAM.
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‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) ESTUARY PARTNERSHIP.—The term ‘Es-
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tuary Partnership’ means the San Francisco Estu-
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ary Partnership, designated as the management con-
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ference for the San Francisco Bay under section
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320.
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‘‘(2) SAN
FRANCISCO
BAY
PLAN.—The term
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‘San Francisco Bay Plan’ means—
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‘‘(A) until the date of the completion of the
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plan developed by the Director under subsection
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(d), the comprehensive conservation and man-
21
agement plan approved under section 320 for
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the San Francisco Bay estuary; and
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‘‘(B) on and after the date of the comple-
24
tion of the plan developed by the Director under
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subsection (d), the plan developed by the Direc-
1
tor under subsection (d).
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‘‘(b) PROGRAM OFFICE.—
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‘‘(1)
ESTABLISHMENT.—The
Administrator
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shall establish in the Environmental Protection
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Agency a San Francisco Bay Program Office. The
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Office shall be located at the headquarters of Region
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9 of the Environmental Protection Agency.
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‘‘(2) APPOINTMENT
OF
DIRECTOR.—The Ad-
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ministrator shall appoint a Director of the Office,
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who shall have management experience and technical
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expertise relating to the San Francisco Bay and be
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highly qualified to direct the development and imple-
13
mentation of projects, activities, and studies nec-
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essary to implement the San Francisco Bay Plan.
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‘‘(3) DELEGATION OF AUTHORITY; STAFFING.—
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The Administrator shall delegate to the Director
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such authority and provide such staff as may be nec-
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essary to carry out this section.
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‘‘(c) ANNUAL PRIORITY LIST.—
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‘‘(1) IN GENERAL.—After providing public no-
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tice, the Director shall annually compile a priority
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list, consistent with the San Francisco Bay Plan,
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identifying and prioritizing the projects, activities,
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and studies to be carried out with amounts made
1
available under subsection (e).
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‘‘(2) INCLUSIONS.—The annual priority list
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compiled under paragraph (1) shall include the fol-
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lowing:
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‘‘(A) Projects, activities, and studies, in-
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cluding restoration projects and habitat im-
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provement for fish, waterfowl, and wildlife, that
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advance the goals and objectives of the San
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Francisco Bay Plan, for—
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‘‘(i) water quality improvement, in-
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cluding the reduction of marine litter;
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‘‘(ii) wetland, riverine, and estuary
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restoration and protection;
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‘‘(iii) nearshore and endangered spe-
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cies recovery; and
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‘‘(iv) adaptation to climate change.
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‘‘(B) Information on the projects, activi-
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ties, and studies specified under subparagraph
19
(A), including—
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‘‘(i) the identity of each entity receiv-
21
ing assistance pursuant to subsection (e);
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and
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‘‘(ii) a description of the communities
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to be served.
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‘‘(C) The criteria and methods established
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by the Director for identification of projects, ac-
2
tivities, and studies to be included on the an-
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nual priority list.
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‘‘(3) CONSULTATION.—In compiling the annual
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priority list under paragraph (1), the Director shall
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consult with, and consider the recommendations of—
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‘‘(A) the Estuary Partnership;
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‘‘(B) the State of California and affected
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local governments in the San Francisco Bay es-
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tuary watershed;
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‘‘(C) the San Francisco Bay Restoration
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Authority; and
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‘‘(D) any other relevant stakeholder in-
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volved with the protection and restoration of
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the San Francisco Bay estuary that the Direc-
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tor determines to be appropriate.
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‘‘(d) SAN FRANCISCO BAY PLAN.—
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‘‘(1) IN
GENERAL.—Not later than 5 years
19
after the date of enactment of this section, the Di-
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rector, in conjunction with the Estuary Partnership,
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shall review and revise the comprehensive conserva-
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tion and management plan approved under section
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320 for the San Francisco Bay estuary to develop
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a plan to guide the projects, activities, and studies
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of the Office to address the restoration and protec-
1
tion of the San Francisco Bay.
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‘‘(2)
REVISION
OF
SAN
FRANCISCO
BAY
3
PLAN.—Not less often than once every 5 years after
4
the date of the completion of the plan described in
5
paragraph (1), the Director shall review, and revise
6
as appropriate, the San Francisco Bay Plan.
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‘‘(3) OUTREACH.—In carrying out this sub-
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section, the Director shall consult with the Estuary
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Partnership and Indian tribes and solicit input from
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other non-Federal stakeholders.
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‘‘(e) GRANT PROGRAM.—
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‘‘(1) IN GENERAL.—The Director may provide
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funding through cooperative agreements, grants, or
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other means to State and local agencies, special dis-
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tricts, and public or nonprofit agencies, institutions,
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and organizations, including the Estuary Partner-
17
ship, for projects, activities, and studies identified on
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the annual priority list compiled under subsection
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(c).
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‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED-
21
ERAL SHARE.—
22
‘‘(A) MAXIMUM
AMOUNT
OF
GRANTS.—
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Amounts provided to any entity under this sec-
24
tion for a fiscal year shall not exceed an
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amount equal to 75 percent of the total cost of
1
any projects, activities, and studies that are to
2
be carried out using those amounts.
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‘‘(B) NON-FEDERAL
SHARE.—Not less
4
than 25 percent of the cost of any project, ac-
5
tivity, or study carried out using amounts pro-
6
vided under this section shall be provided from
7
non-Federal sources.
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‘‘(f) FUNDING.—
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‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
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There is authorized to be appropriated to carry out
11
this section $25,000,000 for each of fiscal years
12
2021 through 2025.
13
‘‘(2)
ADMINISTRATIVE
EXPENSES.—Of
the
14
amount made available to carry out this section for
15
a fiscal year, the Director may not use more than
16
5 percent to pay administrative expenses incurred in
17
carrying out this section.
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‘‘(3) PROHIBITION.—No amounts made avail-
19
able under this section may be used for the adminis-
20
tration of a management conference under section
21
320.
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‘‘(g) ANNUAL BUDGET PLAN.—In each of fiscal
23
years 2021 through 2025, the President, as part of the
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annual budget submission of the President to Congress
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HR 1132 RDS
under section 1105(a) of title 31, United States Code,
1
shall submit information regarding each Federal depart-
2
ment and agency involved in San Francisco Bay protection
3
and restoration, including—
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‘‘(1) a report that displays for each Federal
5
agency—
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‘‘(A) the amounts obligated in the pre-
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ceding fiscal year for protection and restoration
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projects, activities, and studies relating to the
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San Francisco Bay; and
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‘‘(B) the proposed budget for protection
11
and restoration projects, activities, and studies
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relating to the San Francisco Bay; and
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‘‘(2) a description and assessment of the Fed-
14
eral role in the implementation of the San Francisco
15
Bay Plan and the specific role of each Federal de-
16
partment and agency involved in San Francisco Bay
17
protection
and
restoration,
including
specific
18
projects, activities, and studies conducted or planned
19
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to achieve the identified goals and objectives of the
1
San Francisco Bay Plan.’’.
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Passed the House of Representatives February 5,
2020.
Attest:
CHERYL L. JOHNSON,
Clerk.
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