[House Report 117-51]
[From the U.S. Government Publishing Office]
117th Congress } { REPT. 117-51
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
SAN FRANCISCO BAY RESTORATION ACT
_______
June 4, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 610]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation....................................... 3
Background and Need for Legislation.......................... 3
Hearings..................................................... 4
Legislative History and Consideration........................ 5
Committee Votes.............................................. 5
Committee Oversight Findings................................. 5
New Budget Authority and Tax Expenditures.................... 5
Congressional Budget Office Cost Estimate.................... 5
Performance Goals and Objectives............................. 7
Duplication of Federal Programs.............................. 7
Congressional Earmarks, Limited Tax Benefits, and Limited
Tariff Benefits............................................ 7
Federal Mandates Statement................................... 7
Preemption Clarification..................................... 7
Advisory Committee Statement................................. 7
Applicability to Legislative Branch.......................... 8
Section-by-Section Analysis of the Legislation............... 8
Changes in Existing Law Made by the Bill, as Reported........ 8
Committee Correspondence..................................... 12
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.--In each of fiscal years 2022 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.''.
Purpose of Legislation
The purpose of H.R. 610, the ``San Francisco Bay
Restoration Act,'' as amended, introduced by Representative
Jackie Speier (D-CA), is to establish and authorize
appropriations for a new U.S. Environmental Protection Agency
(EPA) regional program under the Federal Water Pollution
Control Act, commonly known as the Clean Water Act, to support
restoration efforts in the San Francisco Bay.
Background and Need for Legislation
The San Francisco Bay Estuary spans roughly 1,600 square
miles and drains more than 40 percent of California's waters.
The watershed is critical economically, providing drinking
water for millions of Californians, irrigation for farmland,
and supporting millions of jobs and the production of $370
billion in goods and services.\1\ The area also serves as vital
ecosystem for bird migration and salmon stocks, as well as a
wide range of flora and fauna.
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\1\https://www.epa.gov/sfbay-delta/about-watershed#about.
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The San Francisco Bay Estuary has been a member of the
EPA's National Estuary Program (NEP) since 1993 to address
water quality challenges. The estuary experiences exceedances
in California state water quality standards for pesticides,
invasive species, mercury, and other metals and toxic
substances. Surrounding beaches have elevated levels of
bacteria due to sewage spills and crumbling sewage
infrastructure. According to the EPA, the bay has lost more
than 90 percent of shoreline wetlands and 40 percent of the
total San Francisco Bay aquatic ecosystem in the past 150 years
due to habitat destruction.\2\
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\2\https://www.epa.gov/sfbay-delta/what-are-challenges.
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In recent years, San Francisco Bay restoration efforts have
received federal appropriations both from the EPA's National
Estuary Program (under section 320 of the Clean Water Act), as
well as a specific federal appropriation to the San Francisco
Bay under EPA's Environmental Programs and Management,
Geographic Programs subaccount. In fiscal year (FY) 2021, the
San Francisco Bay received a federal appropriation of $8.92
million under the Geographic Programs subaccount (P.L. 106-
260).
In August 2018, the Government Accountability Office (GAO)
published a report on the coordination of watershed restoration
efforts between federal and nonfederal entities in the San
Francisco Bay Delta Watershed.\3\ They found that restoration
efforts were stratified in a way that hinders long-term
progress. A centralized program providing improved coordination
and communication across efforts, along with dedicated federal
funding, provides the best chance for long-term restoration and
protection of this major geographic area on the west coast.
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\3\ GAO-18-473, San Francisco Bay Delta Watershed: Wide Range of
Restoration Efforts Need Updated Federal Reporting and Coordination
Roles.
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Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, no hearings were held to develop or consider
H.R. 610 in the 117th Congress; however, the Committee held the
following hearing in the 116th Congress which was used to
develop the legislation:
On June 25, 2019, the Subcommittee on Water Resources and
Environment held a hearing titled ``Protecting and Restoring
America's Iconic Waters.'' The Subcommittee received testimony
from: Preston D. Cole, Secretary, Wisconsin Department of
Natural Resources; Dave Pine, Supervisor, District 1, San Mateo
County Board of Supervisors, Chair of the San Francisco Bay
Restoration Authority Governing Board; Laura Blackmore,
Executive Director, Puget Sound Partnership; William C. Baker,
President, Chesapeake Bay Foundation; Kristi Trail, Executive
Director, Lake Pontchartrain Basin Foundation; and Tom Ford,
Director, Santa Monica Bay National Estuary Program, The Bay
Foundation. Topics discussed included the importance of
programs dedicated to restoration of various regional
watersheds, including the San Francisco Bay.
Legislative History And Consideration
H.R. 610 was introduced in the House on January 28, 2021,
by Ms. Speier and 10 original cosponsors and referred to the
Committee on Transportation and Infrastructure and the
Committee on the Budget. Within the Committee, H.R. 610 was
referred to the Subcommittee on Water Resources and
Environment.
The Subcommittee on Water Resources and Environment was
discharged from further consideration of H.R. 610 on March 24,
2021.
The Full Committee considered H.R. 610 on March 24, 2021,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mrs. Napolitano (#1); was AGREED TO by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No record votes were requested during consideration of H.R.
610.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 610 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 15, 2021.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 610, 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 Stephen
Rabent.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
H.R. 610 would authorize the appropriation of $25 million
annually over the 2022-2026 period for the Environmental
Protection Agency (EPA) to establish and operate the San
Francisco Bay Program Office. The office would identify annual
priorities and would provide grants for projects and activities
that support and protect the San Francisco Bay. The bill also
would require the office to ensure the San Francisco Bay's
current management plan, approved under EPA's National Estuary
Program, is revised at least every five years. Under the bill,
up to 5 percent of the appropriated funds could be used to pay
for the San Francisco Bay Program Office's administrative
costs.
CBO estimates that implementing the bill would cost $109
million over the 2021-2026 period and $16 million after 2026,
assuming appropriation of the specified amounts. Estimated
outlays are based on spending patterns for similar programs,
though estimated spending in the first year is lower to account
for the time required to establish the office. The costs of the
legislation, detailed in Table 1, fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 610
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------
2021 2022 2023 2024 2025 2026 2021-2026
----------------------------------------------------------------------------------------------------------------
Authorization.............................................. 0 25 25 25 25 25 125
Estimated Outlays.......................................... 0 5 28 26 25 25 109
----------------------------------------------------------------------------------------------------------------
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Performance Goals And Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide dedicated funding for a centralized program to
coordinate restoration efforts for the San Francisco Bay Delta
Watershed.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 610 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the GAO
to Congress pursuant to section 21 of Public Law 111-139, or a
program related to a program identified in the most recent
Catalog of Federal Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 610 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``San Francisco Bay Restoration Act''.
Sec. 2. San Francisco Bay Restoration Grant Program.
This section establishes a San Francisco Program Office
with a director and staff. It also establishes a process for
the development of and annual priority list for projects. This
section establishes the process for the development of the San
Francisco Bay Plan and for its regular update. Further, this
section authorizes appropriations at $25 million for each
fiscal year 2022-2026; caps administrative expenses at five
percent; caps grants to entities at 75 percent of the total
cost of a project; requires a minimum of a 25 percent match
from the non-federal entity for any project; and establishes an
annual budget plan.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE I--RESEARCH AND RELATED PROGRAMS
* * * * * * *
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.--In each of fiscal years 2022 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.
* * * * * * *
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