[Congressional Record Volume 166, Number 24 (Wednesday, February 5, 2020)]
[House]
[Pages H785-H788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SAN FRANCISCO BAY RESTORATION ACT

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1132) to amend the Federal Water Pollution Control Act 
to establish a grant program to support the restoration of San 
Francisco Bay, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1132

       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''.

[[Page H786]]

  


     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) 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.
       ``(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 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), 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 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 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) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2021 through 2025.
       ``(2) 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.
       ``(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 2021 
     through 2025, 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentleman from Florida (Mr. Mast) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 1132, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 1132. Introduced by the 
gentlewoman from California (Ms. Speier), H.R. 1132 builds off existing 
bay restoration work under EPA's National Estuary Program.
  In my home State of California, the importance of a healthy watershed 
and improved water quality has never been more apparent. In fact, the 
San Francisco Bay estuary drains more than 40 percent of our State's 
waters.
  That is why I am thankful to see several of my colleagues from 
California as original cosponsors, including members of this committee: 
Mr. Garamendi, Mr. Huffman, and Mr. DeSaulnier.
  At our June hearing, the subcommittee learned about the ongoing 
sources of pollution to this 1,600-square-mile estuary. Simultaneously, 
habitat destruction has forever changed the geography of the bay area. 
More than 90 percent of shoreline wetlands and 40 percent of the total 
aquatic ecosystem have been lost.
  This new EPA program office will concentrate Federal efforts to 
address water quality challenges and ecosystem health in the bay. This 
will improve the environment and economy for the bay area region that 
is home to 8 million people and an annual GDP of $775 billion.
  Mr. Speaker, I support H.R. 1132, and I urge my colleagues to do the 
same.
  Mr. Speaker, I include in the Record letters in support of H.R. 1132, 
the San Francisco Bay Restoration Act, from the National Audubon 
Society and Save the Bay.

[[Page H787]]

                                                      Audubon,

                                               September 18, 2019.
     Hon. Peter DeFazio,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
     Hon. Sam Graves,
     Ranking Member, Committee on Transportation and 
         Infrastructure, Washington, DC.
     Hon. Grace Napolitano,
     Chairwoman, Subcommittee on Water Resources and Environment, 
         Washington, DC.
     Hon. Bruce Westerman,
     Ranking Member, Subcommittee on Water Resources and 
         Environment, Washington, DC.
       On behalf of the National Audubon Society's more than 1 
     million members, our mission is to protect birds and the 
     places they need for today and tomorrow. We write to offer 
     our support for the following bills related to important 
     coastal and water conservation issues that will be the 
     subject of the September 19, 2019 Markup before the Committee 
     on Transportation and Infrastructure Committee.


        HR 4031--Great Lakes Restoration Initiative Act of 2019

       The Great Lakes are home to 30 million people and 350 
     species of birds, but increasing challenges are on the 
     horizon for the world's largest body of freshwater. 
     Fluctuating water levels exacerbated by climate change, 
     invasive exotic species and excess nutrients are putting even 
     more stress on this ecosystem that is so important for birds 
     and people. The Great Lakes Restoration Initiative has helped 
     clean up toxic pollutants, protect wildlife by restoring 
     critical habitat, and help combat devastating invasive 
     species.
       HR 4031 would increase funding for conservation projects to 
     $475 million over five years, by increasing the Great Lakes 
     Restoration Initiative's authorization incrementally from 
     $300 million per year to $475 million per year.


               HR 1132--San Francisco Bay Restoration Act

       The San Francisco Bay Area, home to the Pacific Coast's 
     largest estuary, is also home to a rapidly growing population 
     of 8 million people, and provides for a host of social and 
     economic values through ports and industry, agriculture, 
     fisheries, archaeological and cultural sites, recreation, and 
     research. However, San Francisco Bay has lost 90% of its 
     tidal wetlands and more than 50% of its eelgrass and mudflat 
     habitat. Climate change exacerbates these conditions through 
     drought that alters the salinity balance, ocean acidification 
     that reduces species abundance and diversity, increasing 
     water temperatures, and rising seas causing flooding that 
     eliminates living shorelines and puts communities at risk. 
     Many species of waterbirds forage in the San Francisco Bay, 
     including Brant Geese and Surf Scoters, underscoring the 
     value of this ecosystem.
       HR 1132 would authorize a San Francisco Bay Restoration 
     Grant Program in EPA and funding of up to $25m per year to 
     support the restoration of this estuary.


          HR 1620--Chesapeake Bay Program Reauthorization Act

       Salt marshes are special places to birds and other 
     wildlife, but sea level rise has elevated the waters in the 
     Chesapeake Bay by one foot during the 20th century and is 
     accelerating due to climate change. Salt marshes provide 
     valuable ``ecosystem services'', including nurseries for the 
     Chesapeake Bay's commercially important fish, a buffer 
     protecting coastal communities against storm surge, a filter 
     that stops nutrient and sediment pollution from entering the 
     Bay, and a recreational resource attracting visitors who 
     contribute millions of dollars to local economies. Chesapeake 
     Bay's salt marshes host globally significant populations of 
     both Saltmarsh Sparrow and Black Rail.
       HR 1620 would increase the authorization of appropriations 
     for the Chesapeake Bay Program to more than $90m per year.


   HR 2247--Promoting United Government Efforts to Save Our Sound Act

       Despite significant investments in Puget Sound ecosystem 
     health by state, federal, tribal and local governments, 
     concerned members of the public, and conservation 
     organizations, progress towards ecosystem recovery targets 
     remains slow. The number of marine birds wintering in Puget 
     Sound has declined significantly in the last 30 years and 
     migratory, fisheating birds appear to be at the greatest 
     risk.
       HR 2247 would authorize up to $50 million in funding for 
     Puget Sound recovery. The PUGET SOS Act also aligns federal 
     agency expertise and resources, ensuring that federal 
     agencies are coordinated, setting goals, and holding each 
     other accountable will help increase their effectiveness and 
     provide a boost to Puget Sound recovery.


          HR 3779--Resilience Revolving Loan Fund Act of 2019

       Pre-disaster planning can help communities adapt to the 
     changing flood patterns that threaten people and birds 
     species dependent on shoreline and riverine areas. These 
     changes have led to more frequent instances of ``nuisance 
     flooding,'' as well as catastrophic events. NOAA has found 
     that ``nuisance'' or ``sunny day'' flooding is up 300% to 
     900% than it was 50 years ago. In addition, catastrophic 
     flooding events have increased in both frequency and 
     intensity. These trends have been particularly pronounced in 
     the Northeast, Midwest and upper Great Plains, where the 
     amount of precipitation in large rainfall events has 
     increased more than 30 percent above the average observed 
     from 1901-1960. As sea level rise accelerates, it only 
     exacerbates these impacts, which further compounds 
     vulnerability in flood-prone communities.
       HR 3779 would amend the 1988 Stafford Act to offer low-
     interest loans to states for ``disaster mitigation 
     projects'', including investments in natural infrastructure 
     projects, which would help communities prepare and recover 
     from natural disasters.
       We urge you to support and advance the bills listed above. 
     Please feel free to contact us with any questions.
           Sincerely,

                                           Julie Hill-Gabriel,

                               Vice President, Water Conservation,
     National Audubon Society.
                                  ____



                                                 Save the Bay,

                                                 February 3, 2020.
     Hon. Jackie Speier,
     House of Representatives,
     Washington, DC.

                            HR 1132: Support

       Dear Representative Speier: Save The Bay applauds your 
     introduction of HR 1132, the San Francisco Bay Restoration 
     Act, and encourages all Members of Congress to vote for its 
     passage on the House Floor this week. This initiative will 
     enhance the U.S. Environmental Protection Agency's efforts 
     capacity to improve the health of San Francisco Bay, with 
     resources that are desperately needed at a time of 
     accelerating climate change.
       Save The Bay is the oldest and largest membership 
     organization working exclusively to protect and restore San 
     Francisco Bay, with 50,000 members and supporters. As the 
     Bay's leading champion since 1961, Save The Bay is committed 
     to making the Bay cleaner and healthier for people and 
     wildlife, and HR 1132 would significantly advance that goal.
       Over the last 150 years, the water quality and health of 
     the San Francisco Bay estuary have been diminished by 
     pollution, invasive species, loss of wetland habitat and 
     other factors. Improving bay water quality, restoring 
     critical habitat, and adapting to climate change in San 
     Francisco Bay, are urgent federal, state and regional 
     priorities that require additional funding. The Bay region is 
     fortunate to have in place well-developed science-based 
     plans, agencies, and collaborative structures to improve the 
     Bay's health, but more resources for implementation are 
     essential in the crucial decade ahead. The San Francisco Bay 
     Restoration Act would provide significant additional capacity 
     to improve the Bay, building efficiently on elements already 
     in place to improve our economy and the region's quality of 
     life.
       In 2016, San Francisco Bay Area voters agreed to make an 
     unprecedented investment in San Francisco Bay Restoration, 
     approving a nine-county parcel tax specifically to accelerate 
     Bay tidal marsh restoration. Measure AA was approved by more 
     than 70 percent of the region's voters, and is raising $500 
     million over 20 years for grants to restoration projects, 
     most of which are occurring on federal property with the San 
     Francisco Bay National Wildlife Refuge. Matching federal 
     investment for this and other restoration work is overdue, 
     and HR 1132 would begin to address that need by authorizing 
     $25 million annually for those purposes.
       HR 1132 also would address the inequity in funding for U.S. 
     EPA Geographic Programs, which are annually providing orders 
     of magnitude higher funding to other national estuaries under 
     strong statutory authority within the Clean Water Act. San 
     Francisco Bay deserves similar support and commitment as the 
     federal government currently provides to Chesapeake Bay, 
     Puget Sound and other locations, and HR 1132 begins to 
     rectify that disparity.
       Each month provides evidence of added urgency and need for 
     the San Francisco Bay Program and resources that HR 1132 
     creates. Tidal marsh restoration is essential to protect Bay 
     wildlife habitat, and adjacent shoreline communities and 
     infrastructure from sea level rise. The recent Baylands 
     Habitat Goals Update underscored that tidal marsh 
     revegetation must be initiated wherever possible within the 
     next decade to stay ahead of rising seas, and the recent 
     California Legislative Analyst's Office report further 
     underscores the urgency of adaptation and resilience actions. 
     And as California Governor Gavin Newsom stated in January, 
     ``We are experiencing a global climate crisis. One that has 
     irreversible impacts and is happening right now. This is not 
     something to deal with 10 years from now. Or 5 years from 
     now. Or 2 years from now. we need action. Now.''
       We deeply appreciate the strong support from Speaker Pelosi 
     and the entire San Francisco Bay delegation for HR 1132. We 
     encourage the House of Representatives pass this bill 
     swiftly, and we pledge our continued assistance toward its 
     enactment. Thank you again for your leadership!
           Sincerely,
                                                      David Lewis,
                                               Executive Director.

  Mrs. NAPOLITANO. Mr. Speaker, I reserve the balance of my time.
  Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also rise in support of H.R. 1132. It represents good 
governance by codifying the EPA's existing work in the San Francisco 
Bay Area. The bay area watershed provides a primary source of drinking 
water for over

[[Page H788]]

25 million people and irrigation for 7,000 square miles of agriculture. 
It includes important economic resources, such as water supply 
infrastructure, ports, deepwater shipping channels, major highway and 
railway corridors, and energy lines.
  Mr. Speaker, I urge support of this legislation, and I reserve the 
balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from California (Ms. Speier).
  Ms. SPEIER. Mr. Speaker, today, we are taking up the San Francisco 
Bay Restoration Act. This is legislation I have introduced every year 
since 2010. Since then, the environmental conditions of the bay have 
only grown worse.
  The bay is the heart of the region, with a vibrant ecosystem that is 
home to the largest estuary on the West Coast. It generates more than 
$370 billion in goods and services annually and is home to more than 
3\1/2\ million jobs.
  Forty percent of the land in California drains to the estuary, as my 
colleagues have mentioned. It also is home to more than 100 endangered 
and threatened species. The region's tidal and seasonal wetlands 
comprise a significant portion of America's coastal resources, yet over 
the past 200 years, 90 percent of the bay's wetlands have been 
destroyed by human activity.
  Increased pollution from cars, homes, and communities in San 
Francisco have absorbed into various creeks, rivers, and streams that 
flow into the bay and the Pacific Ocean. By 2030, the expected sea-
level rise in the bay area will exceed the rate at which the marshes 
can elevate and move, effectively drowning them.
  Despite the impending threats, Federal efforts for bay restoration 
and pollution mitigation systems have failed to meet the enormous need. 
Between 2008 and 2016, EPA's geographic programs invested only $45 
million into the San Francisco Bay, while Puget Sound received over 
$260 million and Chesapeake Bay $490 million. That is 10 times as much, 
and the disparity becomes even more pronounced when you consider the 
populations served. A mere $6 was spent on the bay for each resident of 
the bay area, while almost $30 was spent for each resident living near 
Chesapeake Bay and almost $60 per resident near Puget Sound.
  In the most recent round of appropriations in early 2018, the San 
Francisco Bay's appropriations remained at $4.8 million while smaller 
geographic programs received substantially more, including Lake 
Champlain with $8.3 million and Long Island Sound with $12 million.
  The San Francisco Bay Restoration Act will authorize $25 million 
annually for 5 years to fund water quality improvement efforts, wetland 
and estuary restoration, endangered species recovery, and adaption to 
climate change. We are just asking for our fair share of the dollars 
set aside for estuary restoration.

                              {time}  1315

  Mrs. NAPOLITANO. Mr. Speaker, I yield such time as he may consume to 
the gentleman from California (Mr. Huffman).
  Mr. HUFFMAN. Mr. Speaker, I thank the gentlewoman for yielding me 
time, and I commend my colleague, Jackie Speier, for her leadership on 
this issue. And thanks also to the ranking member for recognizing the 
importance, the critical national importance, of the San Francisco Bay 
Estuary.
  I have the fortune of representing a beautiful district that starts 
at the Oregon border but goes all the way down to the Golden Gate 
Bridge. That means I represent a good portion of San Francisco Bay, the 
North Bay, where we understand all too well how much we have lost--90 
percent of the Bay's wetlands have been destroyed.
  Starting a century and-a-half ago, there has been incredible 
degradation of this vital estuary beginning with the Gold Rush, 
continuing to massive water diversions and pollution inputs, the diking 
of wetlands, and so on. But despite all of that degradation, San 
Francisco Bay continues to play a vital role ecologically in our region 
and an even greater role economically.
  We have hundreds of billions of dollars in economic activity every 
year as a product of San Francisco Bay--outdoor recreation, commercial 
and recreational fishing, travel and tourism. And we also see the very 
real benefits in the San Francisco Bay area of coastal resiliency, 
using natural systems as a buffer against rising sea levels.
  The citizens of the nine-county Bay area have stepped up. We 
recognize the national importance of this resource, and we have 
supported a ballot measure to support climate adaption and restoration 
funding. And now it is time for the Federal Government to do its part. 
That is why I am so pleased to support Congresswoman Speier's bill, the 
San Francisco Bay Restoration Act, to provide the much-needed Federal 
partnership to help improve water quality in this important estuary to 
revive the Bay's wetlands and to protect our coastal communities and 
our economy.
  Mr. Speaker, I thank the gentlewoman for the time.
  Mrs. NAPOLITANO. Mr. Speaker, I am prepared to close, and I reserve 
the balance of my time.
  Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge support of this important legislation, and I 
yield back the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I do urge all my colleagues to support 
this legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Heck). The question is on the motion 
offered by the gentlewoman from California (Mrs. Napolitano) that the 
House suspend the rules and pass the bill, H.R. 1132, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________