[Senate Report 112-136]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 302
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-136

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                   SAN FRANCISCO BAY RESTORATION ACT

                                _______
                                

                January 26, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                          [To accompany S. 97]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 97) to amend the Federal Water Pollution 
Control Act to establish a grant program to support the 
restoration of San Francisco Bay, having considered the same, 
reports favorably thereon and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    The San Francisco estuary is one of the largest estuaries 
on the West Coast of the United States. It is a critical 
nursing ground for many ocean species and provides important 
habitat for migratory birds along the Pacific Flyway. The 
estuary supports an array of important economic activities 
including commercial and sport fishing, shipping, industry, 
agriculture, recreation and tourism. As the region has grown 
over many years, the water quality and health of the San 
Francisco Bay estuary have declined. Restoring the San 
Francisco Bay will protect the health and vitality of this 
important region, and help it adapt to increasing pressures.
    EPA's National Estuary Program was established by Congress 
in 1987 as Section 320 of the Clean Water Act. The Program's 
goal is to improve the quality of estuaries of national 
importance by designating such estuaries to participate in the 
National Estuary Program and developing plans for their 
restoration. Established in 1987, the San Francisco Estuary 
Partnership was one of the original national estuary programs 
designated by EPA following the creation of Section 320. The 
San Francisco Estuary Partnership, like all other National 
Estuary Programs around the country, has developed a 
Comprehensive Conservation and Management Plan (CCMP) to guide 
restoration activities.
    S. 97 amends the Clean Water Act to establish a grant 
program to fund restoration of the San Francisco Bay that will 
build on the decades of work carried out through the San 
Francisco Estuary Partnership under Section 320 of the Clean 
Water Act. The bill authorizes the Administrator of the 
Environmental Protection Agency (Administrator) to provide 
grants to State and local agencies, and public or nonprofit 
agencies, institutions, and organizations, for ecosystem 
restoration projects and habitat improvement for fish, 
waterfowl, and wildlife, in accordance with the priorities 
described in the CCMP for the San Francisco Bay estuary.
    The federal grant program authorized by this bill is 
designed to help meet the need for additional federal 
investment to implement the existing CCMP. The Environmental 
Protection Agency has received $24 million in appropriations 
since Fiscal Year 2008 to provide grants for ecosystem 
restoration and water quality work in the San Francisco Bay. 
The authorization of this grant program provided for in S. 97 
will allow the EPA to budget for and build upon the existing 
grant program for Bay restoration.

                     Objectives of the Legislation

    This bill will establish a program to provide grants to 
State and local agencies and public or nonprofit agencies, 
institutions, and organizations for projects to restore 
ecosystems and improve habitat for fish, waterfowl and 
wildlife, in accordance with the comprehensive conservation and 
management plan for the San Francisco estuary.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 notes that this Act may be cited as the ``San 
Francisco Bay Restoration Act''.

Section 2. San Francisco Bay Restoration Grant Program

    This section authorizes the Administrator of the 
Environmental Protection Agency (Administrator) to provide 
grants to State and local agencies and public or nonprofit 
agencies, institutions, and organizations. Grants are to be 
provided for projects to restore ecosystems and improve habitat 
for fish, waterfowl and wildlife in accordance with the 
comprehensive conservation and management plan (CCMP) for the 
San Francisco estuary.
    This section establishes a non-federal share of not less 
than 25 percent for grants provided by the Administrator. This 
section, as amended, authorizes $5 million for each of fiscal 
years 2012 through 2016 to carry out the program and limits the 
administrative expenses to implement the program to five 
percent.

Discussion

    The selection of projects for funding must be done in 
accordance with the comprehensive conservation and management 
plan (CCMP) for the San Francisco estuary, which was developed 
pursuant to the requirements of the National Estuary Program 
under Section 320 of the Clean Water Act. The Committee also 
expects that the Environmental Protection Agency will continue 
to consult with the San Francisco Estuary Partnership in 
administering the grant program to ensure that it reflects the 
most current priorities and recommendations outlined in the 
CCMP.
    After establishing the San Francisco Estuary Partnership in 
1987, representatives from government agencies and private and 
community groups in the twelve-county Bay-Delta region came 
together in a consensus-based process over a five-year period 
to develop the first CCMP for the San Francisco Estuary. The 
Governor of California and U.S. Environmental Protection Agency 
Administrator approved the Plan in 1993. The CCMP was most 
recently updated in 2007. The CCMP is a blueprint for restoring 
and maintaining the Estuary through recommended corrective 
actions in nine program areas. It seeks to achieve improvements 
in water quality through restoration and maintenance of fish, 
shellfish, and wildlife populations which are balances with 
recreational activities. The grant program established by this 
section will support implementation of this locally-driven, 
consensus-based plan.

                          Legislative History

    The San Francisco Bay Restoration Act was introduced by 
Senator Feinstein (D-CA) and co-sponsored by Senator Boxer (D-
CA) on January 25, 2011. The bill was received, read twice, and 
referred to the Senate Committee on Environment and Public 
Works. On September 21, 2011, the Full Committee met to discuss 
a number of bills including S. 97. During this meeting, the 
Committee considered the bill and adopted an amendment that 
modified the authorization level in the bill. S. 97 was ordered 
to be reported favorably with an amendment by voice vote.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 97 on September 21, 2011. The bill was ordered to 
be reported favorably with an amendment by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 97 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``S. 97 contains no 
intergovernmental or private-sector mandates as defined in 
UMRA.''

                   Congressionally Directed Spending

    In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
         Section                 Provision                Member
------------------------------------------------------------------------
2.......................  Authorization of        Sen. Boxer and Sen.
                           appropriations.         Feinstein
------------------------------------------------------------------------

                                                September 28, 2011.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 97, the San 
Francisco Bay Restoration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 97--San Francisco Bay Restoration Act

    Summary: S. 97 would authorize the Environmental Protection 
Agency (EPA) to provide grants to state, local, and nonprofit 
agencies to fund ecosystem restoration projects and habitat 
improvement in the San Francisco Estuary in California. The 
bill would authorize the appropriation of $5 million for each 
of fiscal years 2012 through 2016. Assuming appropriation of 
those amounts, CBO estimates that implementing S. 97 would cost 
$23 million over the 2012-2016 period.
    Pay-as-you-go procedures do not apply to this legislation 
because the bill would not affect direct spending or revenues.
    S. 97 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of S. 97 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in millions of dollars--
                                                                  ----------------------------------------------
                                                                    2012   2013   2014   2015   2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..............................................      5      5      5      5      5          25
Estimated Outlays................................................      3      5      5      5      5          23
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
97 will be enacted near the end of 2011 and that the authorized 
amounts will be appropriated for each year. Estimated outlays 
are based on historical spending patterns for similar programs.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 97 contains 
no intergovernmental or private-sector mandates as defined in 
UMRA. State and local governments could benefit from grants 
authorized by the bill. Any costs to state and local 
governments that result from participation in the grant program 
would be incurred voluntarily as conditions of federal 
assistance.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

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FEDERAL WATER POLLUTION CONTROL ACT

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SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS.

  (a) In General.--The Administrator, in coordination with the 
States, may provide technical assistance and grants for 
treatment works to carry out pilot projects relating to the 
following areas of wet weather discharge control:
          (1) Watershed management of wet weather discharges.--
        The management of municipal combined sewer overflows, 
        sanitary sewer overflows, and stormwater discharges, on 
        an integrated watershed or subwatershed basis for the 
        purpose of demonstrating the effectiveness of a unified 
        wet weather approach.
          (2) Stormwater best management practices.--The 
        control of pollutants from municipal separate storm 
        sewer systems for the purpose of demonstrating and 
        determining controls that are cost-effective and that 
        use innovative technologies in reducing such pollutants 
        from stormwater discharges.
  (b) Administration.--The Administrator, in coordination with 
the States, shall provide municipalities participating in a 
pilot project under this section the ability to engage in 
innovative practices, including the ability to unify separate 
wet weather control efforts under a single permit.
  (c) Funding.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $10,000,000 for 
        fiscal year 2002, $15,000,000 for fiscal year 2003, and 
        $20,000,000 for fiscal year 2004. Such funds shall 
        remain available until expended.
          (2) Stormwater.--The Administrator shall make 
        available not less than 20 percent of amounts 
        appropriated for a fiscal year pursuant to this 
        subsection to carry out the purposes of subsection 
        (a)(2).
          (3) Administrative expenses.--The Administrator may 
        retain not to exceed 4 percent of any amounts 
        appropriated for a fiscal year pursuant to this 
        subsection for the reasonable and necessary costs of 
        administering this section.
  (d) Report to Congress.--Not later than 5 years after the 
date of enactment of this section, the Administrator shall 
transmit to Congress a report on the results of the pilot 
projects conducted under this section and their possible 
application nationwide.

                            (33 U.S.C. 1274)

SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

  (a) Definitions.--In this section:
          (1) Annual priority list.--The term `annual priority 
        list' means the annual priority list compiled under 
        subsection (b).
          (2) Comprehensive plan.--The term `comprehensive 
        plan' means--
                  (A) the comprehensive conservation and 
                management plan approved under section 320 for 
                the San Francisco Bay estuary; and
                  (B) any amendments to that plan.
          (3) Estuary partnership.--The term `Estuary 
        Partnership' means the San Francisco Estuary 
        Partnership, the entity that is designated as the 
        management conference under section 320.
  (b) Annual Priority List.--
          (1) In general.--After providing public notice, the 
        Administrator shall annually compile a priority list 
        identifying and prioritizing the activities, projects, 
        and studies intended to be funded with the amounts made 
        available under subsection (c).
          (2) Inclusions.--The annual priority list compiled 
        under paragraph (1) shall include--
                  (A) activities, projects, or studies, 
                including restoration projects and habitat 
                improvement for fish, waterfowl, and wildlife, 
                that advance the goals and objectives of the 
                approved comprehensive plan;
                  (B) information on the activities, projects, 
                programs, or studies specified under 
                subparagraph (A), including a description of--
                          (i) the identities of the financial 
                        assistance recipients; and
                          (ii) the communities to be served; 
                        and
                  (C) the criteria and methods established by 
                the Administrator for selection of activities, 
                projects, and studies.
          (3) Consultation.--In developing the priority list 
        under paragraph (1), the Administrator 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; and
                  (C) any other relevant stakeholder involved 
                with the protection and restoration of the San 
                Francisco Bay estuary that the Administrator 
                determines to be appropriate.
  (c) Grant Program.--
          (1) In general.--Pursuant to section 320, the 
        Administrator 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 activities, studies, or 
        projects identified on the annual priority list.
          (2) Maximum amount of grants; non-federal share.--
                  (A) Maximum amount of grants.--Amounts 
                provided to any individual or entity under this 
                section for a fiscal year shall not exceed an 
                amount equal to 75 percent of the total cost of 
                any eligible activities that are to be carried 
                out using those amounts.
                  (B) Non-federal share.--The non-Federal share 
                of the total cost of any eligible activities 
                that are carried out using amounts provided 
                under this section shall be--
                          (i) not less than 25 percent; and
                          (ii) provided from non-Federal 
                        sources.
  (d) Funding.--
          [(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator to 
        carry out this section such sums as are necessary for 
        each of fiscal years 2012 through 2021.]
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated to the Administrator to 
        carry out this section $5,000,000 for each of fiscal 
        years 2012 through 2016.
          (2) Administrative expenses.--Of the amount made 
        available to carry out this section for a fiscal year, 
        the Administrator shall use not more than 5 percent to 
        pay administrative expenses incurred in carrying out 
        this section.
          (3) Relationship to other funding.--Nothing in this 
        section limits the eligibility of the Estuary 
        Partnership to receive funding under section 320(g).
          (4) Prohibition.--No amounts made available under 
        subsection (c) may be used for the administration of a 
        management conference under section 320.

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