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H.R. 1132 — what changed

San Francisco Bay Restoration Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

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:

“124. San Francisco Bay restoration grant program

“(a) Definitions—In this section:

changed “(1) Annual priority list—The Estuary partnership—The term annual priority list Estuary Partnership means the annual priority list compiled San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under subsection (b).section 320.

changed “(2) Comprehensive plan—The San Francisco Bay Plan—The term comprehensive plan “San Francisco Bay Plan” means—

changed “(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

changed “(B) any amendments to that plan.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).

removed “(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) Program office

added “(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.

changed “(1) Establishment—The “(2) Appointment of Director—The Administrator shall establish in the Environmental Protection Agency appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay Program Office. The Office shall and be located at highly qualified to direct the headquarters of region 9 development and implementation of projects, activities, and studies necessary to implement the Environmental Protection Agency.San Francisco Bay Plan.

removed “(2) Appointment of Director—The Administrator shall appoint a Director of the Office, who, by reason of management experience and technical expertise relating to the San Francisco Bay, shall be highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the comprehensive 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

added “(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).

removed “(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 the following:

added “(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—

changed “(A) Activities, projects, or studies, “(i) water quality improvement, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives reduction of the approved comprehensive plan for—marine litter;

removed “(i) water quality improvement;

“(ii) wetland, riverine, and estuary restoration and protection;

“(iii) nearshore and endangered species recovery; and

“(iv) adaptation to climate change.

added “(B) Information on the projects, activities, and studies specified under subparagraph (A), including—

changed “(B) Information on “(i) the activities, projects, programs, or studies specified under subparagraph (A), including a description of—identity of each entity receiving assistance pursuant to subsection (e); and

changed “(i) the identities “(ii) a description of the financial assistance recipients; andcommunities to be served.

changed “(ii) “(C) The criteria and methods established by the communities Director for identification of projects, activities, and studies to be served.included on the annual priority list.

changed “(C) The criteria and methods established by “(3) Consultation—In compiling the Administrator for selection of activities, projects, annual priority list under paragraph (1), the Director shall consult with, and studies.consider the recommendations of—

removed “(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;

“(C) the San Francisco Bay Restoration Authority; and

added “(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.

changed “(D) any other relevant stakeholder involved with the protection and restoration of the “(d) San Francisco Bay estuary that the Administrator determines to be appropriate.Plan

changed “(d) Grant program“(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.

changed “(1) In general—Pursuant to section 320, “(2) Revision of San Francisco Bay Plan—Not less often than once every 5 years after 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 date of the Estuary Partnership, for activities, studies, or projects identified on completion of the annual priority list.plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan.

added “(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.

added “(e) Grant program

added “(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

removed “(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.

removed “(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—

removed “(i) not less than 25 percent; and

changed “(ii) “(A) Maximum amount of grants—Amounts provided from non-Federal sources.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.

changed “(e) Funding“(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.

changed “(1) Authorization of appropriations—There are authorized to be appropriated to the Administrator to carry out this section $25,000,000 for each of fiscal years 2020 through 2024.“(f) Funding

changed “(2) Administrative expenses—Of the amount made available “(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $25,000,000 for a each of fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section.years 2020 through 2024.

changed “(3) Relationship “(2) Administrative expenses—Of the amount made available to other funding—Nothing in carry out this section limits the eligibility of for a fiscal year, the Estuary Partnership Director may not use more than 5 percent to receive funding under section 320(g).pay administrative expenses incurred in carrying out this section.

changed “(4) “(3) Prohibition—No amounts made available under subsection (c) this section may be used for the administration of a management conference under section 320.

changed “(f) “(g) Annual budget plan—The President, as part of the annual budget submission of the President to Congress under section 1105 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—

changed “(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, programs, activities, and studies relating to the San Francisco Bay; and

changed “(B) the proposed budget for protection and restoration projects, programs, activities, and studies relating to the San Francisco Bay; and

changed “(2) a description and assessment of the Federal role in the implementation of the comprehensive plan 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, programs, activities, and studies conducted or planned to achieve the identified goals and objectives of the comprehensive plan.”San Francisco Bay Plan.”