[Senate Report 113-185]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 415
113th Congress   }                                          {    Report
                                 SENATE
 2d Session      }                                          {   113-185

======================================================================



 
                   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.

                                  
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