[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2320 Introduced in House (IH)]

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.

    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-Delta Estuary 
Restoration Act of 1993''.

SEC. 2. IMPLEMENTATION OF COMPREHENSIVE PLAN FOR SAN FRANCISCO BAY-
              DELTA ESTUARY.

    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 new section:

``SEC. 121. SAN FRANCISCO BAY-DELTA ESTUARY.

    ``(a) Establishment of Executive Council and Office.--The 
Administrator shall establish an Executive Council of the San Francisco 
Bay-Delta Estuary Restoration Program (hereinafter in this section 
referred to as the `Executive Council').
    ``(b) Executive Council.--
            ``(1) Duties.--The Executive Council shall oversee and 
        coordinate the implementation of the Comprehensive Conservation 
        and Management Plan for the San Francisco Bay-Delta Estuary 
        developed pursuant to section 320 of this Act (hereinafter in 
        this section referred to as the `Comprehensive Plan').
            ``(2) Membership.--The Executive Council shall be composed 
        of 5 members as follows:
                    ``(A) The Regional Administrator of the 
                Environmental Protection Agency for Region IX.
                    ``(B) The Regional Director of the United States 
                Fish and Wildlife Service for Region I.
                    ``(C) 1 member appointed by the Administrator, in 
                consultation with the San Francisco Estuary Project's 
                Management Committee, from among individuals who are 
                representatives of State agencies responsible for 
                resource management.
                    ``(D) 1 member appointed by the Administrator, in 
                consultation with the San Francisco Estuary Project's 
                Management Committee, from among individuals who are 
                representatives of State agencies responsible for 
                environmental management.
                    ``(E) 1 member appointed by the Administrator, in 
                consultation with the San Francisco Estuary Project's 
                Management Committee, from among individuals who are 
                local elected officials for the San Francisco Bay-Delta 
                region.
            ``(3) Powers.--
                    ``(A) Establishment of restoration program 
                office.--The Executive Council shall establish an 
                Office of the San Francisco Bay-Delta Estuary 
                Restoration Program (hereinafter in this section 
                referred to as the `Office') to be located on or near 
                the San Francisco Bay-Delta Estuary.
                    ``(B) Implementation committee.--The Executive 
                Council shall establish an Implementation Committee to 
                provide assistance to the Council in carrying out its 
                duties and implementing the comprehensive plan referred 
                to in paragraph (1). The Implementation Committee shall 
                be composed of not to exceed 25 members including the 
                following:
                            ``(i) Members appointed by the Executive 
                        Council from among individuals who are 
                        representatives of local, State, and Federal 
                        agencies involved in implementing the 
                        Comprehensive Plan.
                            ``(ii) 3 members appointed by the Executive 
                        Council from among individuals recommended by 
                        the environmental representatives on the San 
                        Francisco Estuary Project's Management 
                        Committee to represent the San Francisco Bay-
                        Delta Estuary environmental community.
                            ``(iii) 3 members appointed by the 
                        Executive Council from among individuals 
                        recommended by the business, water use, and 
                        discharger representatives on the San Francisco 
                        Estuary Project's Management Committee to 
                        represent the San Francisco Bay-Delta business, 
                        water use, and discharger communities.
                            ``(iv) 1 member appointed by the Executive 
                        Council from among individuals recommended by 
                        the fisheries representatives on the San 
                        Francisco Estuary Project's Management 
                        Committee to represent fisheries.
                    ``(C) Additional advisory committees.--The 
                Executive Council may establish such additional 
                advisory committees as the Council determines to be 
                necessary to implement the Comprehensive Plan.
                    ``(D) Evaluation and reporting.--Not later than 2 
                years after the date of approval of the Comprehensive 
                Plan, and biennially thereafter, the Executive Council 
                shall issue a public report to the Administrator, the 
                Governor of California, and Congress which--
                            ``(i) evaluates the progress made in 
                        implementing the Comprehensive Plan;
                            ``(ii) identifies anticipated priorities 
                        and needs for future implementation of the 
                        Comprehensive Plan;
                            ``(iii) specifies recommendations and 
                        justification for potential modifications to 
                        the Comprehensive Plan; and
                            ``(iv) summarizes any modifications to the 
                        Comprehensive Plan that may have been approved 
                        in the 24-month period immediately preceding 
                        such report.
                The report shall be prepared in a manner consistent 
                with specified review procedures that allow for 
                effective input from the involved agencies and the 
                public.
    ``(c) Office.--
            ``(1) Administration and staffing.--
                    ``(A) In general.--The Office shall be headed by a 
                Director, appointed by the Executive Council, who shall 
                select additional appropriate staff as may be necessary 
                to carry out the duties of the Director under this 
                section.
                    ``(B) Applicability of certain civil service 
                laws.--The Director and staff of the Office may be 
                appointed without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service, and may be paid without regard to 
                the provisions of chapter 51 and subchapter III of 
                chapter 53 of such title, relating to classification 
                and General Schedule pay rates.
            ``(2) Duties.--
                    ``(A) In general.--The Director shall--
                            ``(i) assist the Executive Council and the 
                        Implementation Committee in carrying out its 
                        goals;
                            ``(ii) be the primary supervisor of the 
                        programs and activities of the Office; and
                            ``(iii) be responsible for developing and 
                        implementing the Office's work plan and budget.
                    ``(B) Specified duties.--The Director's duties 
                shall also include such additional duties as may be 
                specified by the Executive Council and the 
                Implementation Committee. Such duties shall include, 
                but not be limited to, the following:
                            ``(i) Assisting and supporting the 
                        implementation of the Comprehensive Plan to 
                        ensure success toward achieving the following 
                        vision for the San Francisco Bay-Delta Estuary 
                        set forth in the Comprehensive Plan: `We, the 
                        people of California and the San Francisco Bay-
                        Delta region, believe the San Francisco Bay-
                        Delta Estuary is an international treasure and 
                        that our ongoing stewardship is critical to its 
                        preservation, restoration, and enhancement. 
                        Acknowledging the importance of the Estuary to 
                        our environmental and economic well-being, we 
                        pledge to achieve and maintain an ecologically 
                        diverse and productive natural estuarine 
                        system.'.
                            ``(ii) Conducting, coordinating, and 
                        commissioning research, studies, and activities 
                        considered necessary for implementation of the 
                        Comprehensive Plan in order to accomplish the 
                        mission statements identified in the 
                        Comprehensive Plan.
                            ``(iii) Identifying and pursuing options 
                        for long-term financing of actions under the 
                        Comprehensive Plan.
                            ``(iv) Identifying and coordinating the 
                        grant, research, and planning programs 
                        authorized under this section.
                            ``(v) Coordinating activities and 
                        implementing responsibilities with--
                                    ``(I) other Federal agencies and 
                                State and local agencies which have 
                                jurisdiction over the San Francisco 
                                Estuary;
                                    ``(II) the federally approved State 
                                coastal management program for San 
                                Francisco Bay; and
                                    ``(III) national and regional 
                                marine monitoring and research 
                                programs.
                            ``(vi) Providing administrative and 
                        technical support to the Executive Council, the 
                        Implementation Committee, and any other 
                        advisory committees established by the 
                        Executive Council.
                            ``(vii) Assisting the Executive Council to 
                        ensure that the Comprehensive Plan's public 
                        involvement and education program is carried 
                        out.
                            ``(viii) Assisting the Executive Council to 
                        ensure that an estuary-wide monitoring program 
                        and a coordinated estuary research program are 
                        underway through the coordination of the 
                        proposed San Francisco Estuarine Institute.
                            ``(ix) Assisting the Executive Council with 
                        preparation of biennial reports that evaluate 
                        the success of the Comprehensive Plan and 
                        identify recommendations for improved 
                        implementation.
                            ``(x) Convening conferences and meetings 
                        for legislators from Federal, State, and local 
                        governments and political subdivisions thereof 
                        for the purpose of making recommendations for 
                        coordinating legislative efforts to facilitate 
                        the environmental restoration of the San 
                        Francisco Bay-Delta Estuary and the 
                        implementation of the Comprehensive Plan.
    ``(d) Grants.--
            ``(1) In general.--The Administrator, acting through the 
        Director, may make grants to eligible recipients described in 
        paragraph (3) for projects and studies which will help in 
        implementation of the Comprehensive Plan.
            ``(2) Additional authority.--In addition, the Administrator 
        may make grants to eligible recipients for the purpose of 
        acquiring such remnant habitats, acquiring and restoring such 
        degraded wetlands and uplands, and promoting the reuse of such 
        dredged material as may be necessary for implementation of the 
        Comprehensive Plan.
            ``(3) Eligible recipients.--State, interstate, coastal 
        management, and regional water pollution control agencies and 
        other public and nongovernmental nonprofit agencies, 
        institutions, and organizations shall be eligible for grants 
        under this subsection.
            ``(4) Priority.--In making grants under this subsection, 
        priority consideration shall be given--
                    ``(A) to establishing the San Francisco Estuarine 
                Institute to coordinate implementation of the 
                Comprehensive Plan's research and monitoring program;
                    ``(B) to activities to conduct the Comprehensive 
                Plan's public involvement and education program; and
                    ``(C) to other activities contained in the 
                Comprehensive Plan that are identified as priority 
                activities by the Implementation Committee and the 
                Executive Council.
            ``(4) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Federal share of the 
                cost of a project or study receiving amounts from a 
                grant under this subsection shall not exceed 75 percent 
                in the aggregate.
                    ``(B) Grants to nongovernmental nonprofit 
                recipients.--Except as provided in subparagraph (C), 
                for grants made to nongovernmental nonprofit 
                recipients, the Federal share of the cost of a project 
                shall not exceed 95 percent in the aggregate.
                    ``(C) Grants for restoration projects.--For grants 
                authorized under paragraph (2), the Federal share of 
                the cost of a project shall not exceed 50 percent in 
                the aggregate. The Administrator, acting through the 
                Director, shall determine the percentage of the 
                required non-Federal match on a case-by-case basis. 
                Priority shall be given to projects that demonstrate 
                cooperative approaches, including interagency efforts 
                and partnerships between public and private entities.
                    ``(D) Non-federal sources.--A grant under this 
                subsection to carry out a project shall be made on the 
                condition that the non-Federal share of the cost of the 
                project will be provided by non-Federal sources.
    ``(e) Authorizations.--There is authorized to be appropriated to 
the Administrator--
            ``(1) for the implementation of this section, other than 
        subsections (c)(1) and (d), such sums as may be necessary for 
        each of fiscal years 1994 through 1998;
            ``(2) for the implementation of subsection (c)(1) not to 
        exceed $3,000,000 per fiscal year for each of fiscal years 1994 
        through 1998; and
            ``(3) for the implementation of subsection (d) not to 
        exceed $10,000,000 per fiscal year for each of fiscal years 
        1994 through 1998.''.

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