S 97
112th CONGRESS
1st Session
S. 97
To amend the Federal Water Pollution Control Act to establish
a grant program to support the restoration of San Francisco Bay.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. REID (for Mrs. FEINSTEIN (for herself and Mrs. BOXER)) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
A BILL
To amend the Federal Water Pollution Control Act to establish
a grant program to support the restoration of San Francisco Bay.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. 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.
`(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.
`(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.
`(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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