[Senate Report 113-185]
[From the U.S. Government Publishing Office]
Calendar No. 415
113th Congress } { Report
SENATE
2d Session } { 113-185
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SAN FRANCISCO BAY RESTORATION ACT
_______
June 5, 2014.--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. 224]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 224) to amend the Federal Water Pollution
Control Act to establish a grant program to assist in the
restoration of the San Francisco Bay, having considered the
same, reports favorably thereon and recommends that the bill 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. 224 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 Environmental Protection Agency invested $27 million
between Fiscal Year 2008 and Fiscal Year 2012 to provide grants
for ecosystem restoration and water quality work in the San
Francisco Bay. This legislation will help meet the need for
additional investment to implement the existing CCMP.
Objectives of the Legislation
This bill authorizes grants 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 authorizes $5 million for each of fiscal years 2013
through 2017 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 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 balanced 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 February 4, 2013. The bill was received, read twice, and
referred to the Senate Committee on Environment and Public
Works. On April 3, 2014, the Full Committee met to discuss a
number of bills including S. 224. The Committee ordered S. 224
to be reported favorably by voice vote with Sens. Barrasso,
Crapo, Fischer, and Vitter recorded as ``no''.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 224 on April 3, 2014. The bill was ordered to be
reported favorably by voice vote with Sens. Barrasso, Crapo,
Fischer, and Vitter recorded as ``no''.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 224
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. 224 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
appropriations. Sen. Feinstein.
------------------------------------------------------------------------
Congressional Budget Office Cost Estimate
April 10, 2014.
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. 224, 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. 224--San Francisco Bay Restoration Act
Summary: S. 224 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 2015 through 2017. Assuming appropriation
of those amounts, CBO estimates that implementing S. 224 would
cost $15 million over the 2015-2019 period.
Pay-as-you-go procedures do not apply to this legislation
because the bill would not affect direct spending or revenues.
S. 224 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 224 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--
-------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 5 5 5 0 0 15
Estimated Outlays....................................... 3 5 5 2 0 15
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
224 will be enacted near the end of 2014 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. 224
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: Melissa
Merrell; 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:
TITLE I--RESEARCH AND RELATED PROGRAMS
declaration of goals and policy
Sec. 101. (a) The objective of this Act is to restore and
maintain the chemical, physical, and biological integrity of
the Nation's waters. In order to achieve this objective it is
hereby declared that, consistent with the provisions of this
Act--
(1) * * *
* * * * * * *
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) * * *
* * * * * * *
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 is
authorized to be appropriated to the Administrator to
carry out this section $5,000,000 for each of fiscal
years 2013 through 2017.
(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.