[Congressional Record Volume 167, Number 104 (Tuesday, June 15, 2021)]
[House]
[Pages H2756-H2758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAN FRANCISCO BAY RESTORATION ACT
Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 610) 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. 610
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''.
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 2022 through 2026.
``(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.--For each of the budgets for
fiscal years 2023 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from North
Carolina (Mr. Rouzer) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Madam 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. 610, as amended.
[[Page H2757]]
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I will include in the Record a letter from Chairman
John Yarmuth of the House Committee on Budget agreeing to waive
consideration of H.R. 610, as amended, as well as Chair DeFazio's
response to Mr. Yarmuth expressing appreciation for his willingness to
work cooperatively on this legislation.
Madam Speaker, I include in the Record a letter from Midpeninsula
Regional Open Space District in support of H.R. 610.
Midpeninsula Regional
Open Space District,
Los Altos, CA, June 10, 2021.
Re H.R. 610--San Francisco Bay Restoration Act--SUPPORT.
Hon. Jackie Speier,
House of Representatives,
Washington, DC.
Dear Representative Speier: On behalf of the Board of
Directors of the Midpeninsula Regional Open Space District
(Midpen), I write to express our support for your
legislation, H.R. 610, the San Francisco Bay Restoration Act.
Comprised of over 65,000 acres of acquired and protected open
space on the San Francisco Peninsula, Midpen is one of the
largest regional open space districts in California. Our
braided mission is to acquire and preserve in perpetuity open
space and agricultural land of regional significance, to
protect and restore the natural environment, to preserve
rural character and encourage viable agricultural use of land
resources, and to provide opportunities for ecologically
sensitive public enjoyment and education.
As you know, the legislation would prioritize funding for
the San Francisco Bay, a vital resource to our District, the
regional community, and the entire state of California. The
$250 million authorized in the bill would provide critical
federal investment to restoring the Bay's wetlands and
estuaries, assist in the recovery of endangered species, and
help to alleviate the impacts of climate change. We greatly
appreciate the legislation's establishment of this federal
partnership to improve the Bay Area and protect our coastal
community and economy.
For these reasons, the Midpeninsula Regional Open Space
District greatly supports the San Francisco Bay Restoration
Act (H.R. 610). Thank you for your leadership and continued
work on improving the Bay Area. If you have any questions or
would like to further discuss our support, please do not
hesitate to contact us.
Sincerely,
Ana M. Ruiz,
General Manager.
Ms. NORTON. Madam Speaker, I rise in support of H.R. 610. This
legislation would create a stand-alone program for the San Francisco
Bay within the U.S. Environmental Protection Agency, in essence
elevating restoration efforts of a water body that has been part of the
national estuary program since 1993.
This legislation responds to an August 2018 Government Accountability
Office report that found a centralized program would improve the
existing efforts to restore and protect the San Francisco Bay.
This legislation would authorize $25 million annually for fiscal year
2022 through 2026, with a cap on Federal funding for eligible projects
and a cap on administrative expenses. H.R. 610 is supported by the
delegation representing the bay and surrounding area, including our
committee colleagues Jared Huffman, Mark DeSaulnier, and John
Garamendi.
I urge my colleagues to support H.R. 610, and I reserve the balance
of my time.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, June 2, 2021.
Hon. John Yarmuth:
Chair, Committee on the Budget, House of Representatives,
Washington, DC.
Dear Mr. Yarmuth: Thank you for your letter regarding H.R
610, the San Francisco Bay Restoration Act. I appreciate your
decision to waive formal consideration of the bill.
I agree that the Committee on the Budget has valid
jurisdictional claims to certain provisions in this important
legislation, and I further agree that by forgoing formal
consideration of the bill, the Committee on the Budget is not
waiving any jurisdiction over any relevant subject matter.
Additionally, if requested I will support the appointment of
conferees from the Committee on the Budget should a House-
Senate conference be convened on this legislation. Finally,
this exchange of letters will be included in the
Congressional Record when the bill is considered on the
floor.
Thank you again, and I look forward to continuing to work
collaboratively with the Committee on the Budget on this
important issue.
Sincerely,
Peter A. DeFazio,
Chair.
____
House of Representatives,
Committee on the Budget,
Washington, DC, May 27, 2021.
Hon. Peter A. DeFazio,
Chair, Committee on Transportation & Infrastructure,
Washington, DC.
Dear Chair DeFazio: I write to confirm our mutual
understanding regarding H.R. 610, the San Francisco Bay
Restoration Act. H.R. 610 contains provisions that fall
within the rule X jurisdiction of the Committee on the
Budget. However, the committee agrees to waive formal
consideration of the bill.
The Committee on the Budget takes this action with the
mutual understanding that we do not waive any jurisdiction
over the subject matter contained in this or similar
legislation, and the committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
within our jurisdiction. The committee also reserves the
right to seek appointment to any House-Senate conference
convened on this legislation or similar legislation and
requests your support if such a request is made.
Finally, I would appreciate your response to this letter
confirming this understanding, and I ask that a copy of our
exchange of letters on this matter be included in the
Congressional Record during floor consideration of the bill.
I look forward to continuing to work with you as this measure
moves through the legislative process.
Sincerely,
John Yarmuth,
Chairman.
Mr. ROUZER. Madam Speaker, I yield myself such time as I may consume.
Last Congress we worked together to ensure bipartisan support for
several regional water bills, including this one.
H.R. 610 codifies the Environmental Protection Agency's existing
restoration work in the San Francisco Bay estuary and establishes a San
Francisco Bay program office.
I urge support of this legislation and reserve the balance of my
time.
Ms. NORTON. Madam Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Speier).
Ms. SPEIER. Madam Speaker, this bill is something I have been working
on for 10 years and have introduced in every Congress since I came to
Congress. It provides $25 million a year for 5 years.
Over the last 200 years, 90 percent of the bay wetlands have
disappeared. They are gone. What is even worse is that in less than 9
years, sea level rise in that region will effectively drown out all of
the marshes. The damage will be irreversible.
Over the last 8 years the EPA has invested only $45 million in San
Francisco Bay. However, even though it is the largest estuary on the
West Coast, Puget Sound received more than $260 million and the
Chesapeake Bay received $490 million. That is an unbelievable
difference in funding opportunities.
We can't afford to keep pushing this off. The San Francisco Bay
supports 4 million jobs and provides 20 million Californians with clean
drinking water.
It is the lifeblood of the region and a worthy investment of taxpayer
dollars. Every dollar spent on restoration efforts generates $2.10 in
economic activity. More funding for the bay is a win-win. It would, in
fact, be the right thing to do, the only fair thing to do considering
how much more has been spent on other estuaries.
Mr. ROUZER. Madam Speaker, I reserve the balance of my time.
{time} 1230
Ms. NORTON. Madam Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Madam Speaker, I thank the gentlewoman for her leadership
and recognition on this important issue.
Madam Speaker, I rise in strong support of this legislation.
I am so proud of Representative Jackie Speier, with whom I have the
privilege of corepresenting San Francisco. Jackie Speier has been our
champion on San Francisco Bay, and this San Francisco Bay Restoration
Act is a vital step to restoring our cherished bay.
It is an honor to be joined in this legislation with other bay area
colleagues, Jared Huffman, John Garamendi, Mike Thompson, Jerry
McNerney, Mark DeSaulnier, Barbara Lee, Ro Khanna, Anna Eshoo, and Zoe
Lofgren. I also thank Senators Dianne
[[Page H2758]]
Feinstein and Alex Padilla, who have introduced a Senate companion
bill.
Madam Speaker, Members may not know, but the San Francisco Bay is an
icon of California and a national treasure: inspiring us with its
beauty and its might, enriching our lives with world-class recreation,
tourism, and jobs.
The bay area delta, of which it is a part, is also the economic
lifeblood of our coast, contributing over $370 billion to our economy
each year and supporting more than four million jobs.
As part of the bay-delta estuary, it is a vital part of public
health, providing drinking water for millions of Californians, a key
force in combating the climate crisis.
But, for centuries, this magnificent estuary has been overexploited
and underprotected. Today, 90 percent of the bay area's wetlands have
been destroyed, undermining the strength of our coastal economies and
communities.
The San Francisco Bay Restoration Act--sponsored and championed by
Congresswoman Jackie Speier over many years--would make a long overdue
$125 million investment in restoration efforts. It improves
coordination from San Francisco to Washington, as it revives our
wetlands to protect our coastal communities, improves our water
quality, strengthens our climate resilience, including by combating sea
level rise.
In 2018, the GAO concluded that a centralized initiative providing
improved coordination and communication across efforts, along with
dedicated Federal funding, would be the best chance for long-term
restoration and protection of this vital geographic area on the West
Coast. And this bill introduced by Congresswoman Jackie Speier provides
exactly that.
Californians have fought to increase appropriations for the bay area
for years, and we are grateful for the support of then-chair Nita Lowey
of the Appropriations Committee and the chair of the Subcommittee on
Interior, Environment, and Related Agencies, Betty McCollum. We secured
an increase of $3 million in funding for the bay.
Last year, with the support of Transportation and Infrastructure
chair Peter DeFazio and, hence, the committee of Congresswoman Eleanor
Holmes Norton, and Water Resources and Environment Subcommittee chair
Grace Napolitano, the House passed this Bay Restoration Act by a voice
vote, and then again as part of our infrastructure bill, H.R. 2, the
Moving Forward Act. Now we want to make it the law of the land.
Our communities and our lives are heavily enriched by the bay-delta
estuary. This investment is an economic, health, environmental, and
moral imperative.
I urge Members to support it with strong bipartisan support, and I
hope that it will be bipartisan on the part of our colleagues on the
West Coast, who know the value of the quality of life that the bay
estuary project brings to us. I urge a ``yes'' vote.
Mr. ROUZER. Madam Speaker, in closing, I urge support of this
bipartisan legislation, and I yield back the balance of my time.
Ms. NORTON. Madam Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 610, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. PERRY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________