[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5061

To amend the Federal Water Pollution Control Act to provide assistance 
  for programs and activities to protect the water quality of the San 
                 Francisco Bay, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2010

 Ms. Speier (for herself, Ms. Eshoo, Mr. Garamendi, Mr. Honda, Ms. Lee 
 of California, Ms. Zoe Lofgren of California, Mr. Stark, Ms. Woolsey, 
  Mr. McNerney, Mr. George Miller of California, and Mr. Thompson of 
 California) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to provide assistance 
  for programs and activities to protect the water quality of the 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 Improvement Act of 
2010''.

SEC. 2. SAN FRANCISCO BAY.

    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. 123. SAN FRANCISCO BAY.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Committee.--The term `Committee' means the San 
        Francisco Bay Program Advisory Committee established under 
        subsection (d).
            ``(2) Comprehensive plan.--The term `comprehensive plan' 
        means the comprehensive conservation and management plan for 
        the San Francisco Bay established under section 320, including 
        any amendments thereto.
            ``(3) Director.--The term `Director' means the Director of 
        the Office, except with respect to subsections (d)(2) and (e).
            ``(4) Office.--The term `Office' means the San Francisco 
        Bay Program Office established under subsection (b).
            ``(5) Regional monitoring program.--The term `Regional 
        Monitoring Program' means the program of the San Francisco 
        Estuary Institute established in 1993 by the San Francisco Bay 
        Regional Water Quality Control Board to monitor contamination 
        in the San Francisco Bay and to provide data to water quality 
        regulators for effective management of such Bay.
            ``(6) San francisco bay.--The term `San Francisco Bay' 
        means the areas comprising the San Francisco Bay as determined 
        by the Director.
            ``(7) San francisco estuary partnership.--The term `San 
        Francisco Estuary Partnership' means the agency established in 
        1987 under section 320 to develop and implement a comprehensive 
        conservation and management plan to restore and maintain the 
        chemical, physical, and biological integrity of the San 
        Francisco Bay.
    ``(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, by reason of management 
        experience and technical expertise relating to the San 
        Francisco Bay, shall be highly qualified to support the 
        development and implementation of projects, programs, and 
        studies necessary to implement the comprehensive 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) Duties.--
            ``(1) In general.--In carrying out this section, the 
        Administrator, acting through the Director, shall--
                    ``(A) assist and support the implementation of the 
                comprehensive plan;
                    ``(B) provide funding and make grants for 
                implementation of the comprehensive plan and projects, 
                programs, and studies consistent with the priorities of 
                the comprehensive plan;
                    ``(C) promote innovative methodologies and 
                technologies that are cost-effective and consistent 
                with the identified goals and objectives of the 
                comprehensive plan and Environmental Protection Agency 
                permitting processes;
                    ``(D) coordinate the major functions of the Federal 
                Government related to the implementation of the 
                comprehensive plan, including projects, programs, and 
                studies with respect to--
                            ``(i) water quality improvement;
                            ``(ii) wetland, riverine, and estuary 
                        restoration and protection;
                            ``(iii) nearshore and endangered species 
                        recovery; and
                            ``(iv) adaptation to climate change;
                    ``(E) coordinate research and planning projects 
                authorized under this section with the San Francisco 
                Estuary Partnership, Federal departments and agencies, 
                State agencies, local governments, federally recognized 
                Indian tribes, universities, and other public or 
                nonprofit private organizations to advance 
                implementation of the comprehensive plan;
                    ``(F) track progress with respect to meeting the 
                identified goals and objectives of the comprehensive 
                plan by--
                            ``(i) implementing and supporting a 
                        project, program, and study monitoring system 
                        consistent with the systems used by the San 
                        Francisco Estuary Partnership; and
                            ``(ii) coordinating, managing, and 
                        reporting environmental data relating to San 
                        Francisco Bay in a manner consistent with 
                        methodologies utilized by the Regional 
                        Monitoring Program, including, to the extent 
                        practicable, making such data and reports on 
                        such data available to the public, including on 
                        the Internet, in a timely fashion; and
                    ``(G) collect and make available to the public, 
                including on the Internet, publications and other forms 
                of information relating to the environmental quality of 
                the San Francisco Bay.
            ``(2) Implementation methods.--The Administrator, acting 
        through the Director, may enter into interagency agreements, 
        make intergovernmental personnel appointments, provide funding, 
        and make grants in carrying out the duties under this 
        subsection.
    ``(d) San Francisco Bay Program Advisory Committee.--
            ``(1) In general.--The Administrator shall establish a San 
        Francisco Bay Program Advisory Committee to provide advice to 
        the Administrator on the implementation of the identified goals 
        and objectives of the comprehensive plan.
            ``(2) Composition.--The Committee shall consist of the 
        Director and Steering Committee of the San Francisco Estuary 
        Partnership, and representatives of appropriate Federal and 
        State departments and agencies that may affect or implement 
        projects or programs identified in the comprehensive plan. 
        Participation on the Committee shall be voluntary for any 
        individual that is not an employee of the Federal Government.
            ``(3) Chairperson.--The Director shall serve as the 
        chairperson of the Committee.
            ``(4) Meetings.--The Committee shall meet at least twice 
        per year--
                    ``(A) to assess the progress of the Office in 
                meeting the identified goals and objectives of the 
                comprehensive plan;
                    ``(B) to identify improvements necessary for 
                meeting the identified goals and objectives of the 
                comprehensive plan; and
                    ``(C) to assess Federal department and agency 
                budget needs with respect to implementing the 
                comprehensive plan.
            ``(5) Compensation of members.--A member of the Committee 
        shall serve without compensation.
            ``(6) Travel expenses.--Subject to the availability of 
        appropriations, the Administrator shall reimburse a member of 
        the Committee for travel expenses, including per diem in lieu 
        of subsistence, at rates authorized for an employee of a 
        Federal agency under subchapter I of chapter 57 of title 5, 
        United States Code, while away from home or the regular place 
        of business of the member in performance of services for the 
        Committee.
    ``(e) Report.--Not later than one year after the date of enactment 
of this section, and biennially thereafter, the Administrator, in 
consultation with the Director of the San Francisco Estuary 
Partnership, shall submit to Congress a report that--
            ``(1) summarizes progress with respect to implementing the 
        comprehensive plan and achieving the identified goals and 
        objectives described in the comprehensive plan;
            ``(2) summarizes any modifications to the comprehensive 
        plan made in the 2-year period preceding such report;
            ``(3) includes specific recommendations for implementation 
        of the comprehensive plan; and
            ``(4) summarizes the roles and progress of each Federal 
        department or agency that has jurisdiction in the San Francisco 
        Bay with respect to meeting the identified goals and objectives 
        of the comprehensive plan.
    ``(f) Implementation of Comprehensive Plan.--
            ``(1) In general.--The Administrator, acting through the 
        Director and in consultation with the San Francisco Estuary 
        Partnership, shall carry out projects, programs, and studies to 
        implement the comprehensive plan.
            ``(2) Priority projects, programs, and studies.--In 
        carrying out paragraph (1), the Administrator shall give 
        priority to projects, programs, and studies that are identified 
        as priorities by the San Francisco Estuary Partnership in the 
        comprehensive plan.
            ``(3) Grants.--
                    ``(A) In general.--The Administrator, acting 
                through the Director, is authorized to make grants for 
                projects, programs, and studies to implement the 
                comprehensive plan.
                    ``(B) Allocations.--In making grants under this 
                paragraph, the Administrator shall use--
                            ``(i) 2.5 percent of the funds appropriated 
                        for making grants under this paragraph for a 
                        fiscal year to make a comprehensive grant to 
                        the San Francisco Estuary Partnership to manage 
                        implementation of the comprehensive plan; and
                            ``(ii) 97.5 percent of funds appropriated 
                        for making grants under this paragraph for a 
                        fiscal year to make grants to State and 
                        regional water pollution control agencies and 
                        entities, including the San Francisco Estuary 
                        Partnership, federally recognized Indian 
                        tribes, State coastal zone management agencies, 
                        local governments, and public or nonprofit 
                        private agencies, institutions, or 
                        organizations to implement projects, programs, 
                        and studies that advance implementation of the 
                        comprehensive plan.
                    ``(C) Grant eligibility.--An entity shall be 
                eligible for grants under this paragraph only if grant 
                funds shall be used for projects, programs, and studies 
                that are pursuant to the comprehensive plan.
            ``(4) Federal share.--
                    ``(A) Management grants.--The Federal share of the 
                cost of management activities carried out using funds 
                from a grant under paragraph (3)(B)(i) shall not exceed 
                75 percent.
                    ``(B) Project, program, and study grants.--The 
                Federal share of the cost of a project, program, or 
                study carried out using funds from a grant under 
                paragraph (3)(B)(ii) shall not exceed 50 percent.
    ``(g) Annual Budget Plan.--The President, as part of the annual 
budget submission of the President under section 1105 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, programs, 
                and studies relating to the San Francisco Bay; and
                    ``(B) the proposed budget for protection and 
                restoration projects, programs, and studies relating to 
                the San Francisco Bay; and
            ``(2) a description and assessment of the Federal role in 
        the implementation of the comprehensive plan and the specific 
        role of each Federal department and agency involved in San 
        Francisco Bay protection and restoration, including specific 
        projects, programs, and studies conducted or planned to achieve 
        the identified goals and objectives of the comprehensive plan.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section 
$100,000,000 for each of fiscal years 2011 through 2021. Such sums 
shall remain available until expended.''.
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