[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2320 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2320
To amend the Federal Water Pollution Control Act to provide for
implementation of a comprehensive plan for the San Francisco Bay-Delta
Estuary, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 27, 1993
Ms. Pelosi (for herself, Mr. Miller of California, Mr. Dellums, Mr.
Fazio, Mr. Edwards of California, Mr. Stark, Mr. Lantos, Ms. Eshoo, Ms.
Woolsey, and Mr. Hamburg) introduced the following bill; which was
referred jointly to the Committees on Public Works and Transportation
and Merchant Marine and Fisheries
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to provide for
implementation of a comprehensive plan for the San Francisco Bay-Delta
Estuary, and for other purposes.
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-Delta Estuary
Restoration Act of 1993''.
SEC. 2. IMPLEMENTATION OF COMPREHENSIVE PLAN FOR SAN FRANCISCO BAY-
DELTA ESTUARY.
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 new section:
``SEC. 121. SAN FRANCISCO BAY-DELTA ESTUARY.
``(a) Establishment of Executive Council and Office.--The
Administrator shall establish an Executive Council of the San Francisco
Bay-Delta Estuary Restoration Program (hereinafter in this section
referred to as the `Executive Council').
``(b) Executive Council.--
``(1) Duties.--The Executive Council shall oversee and
coordinate the implementation of the Comprehensive Conservation
and Management Plan for the San Francisco Bay-Delta Estuary
developed pursuant to section 320 of this Act (hereinafter in
this section referred to as the `Comprehensive Plan').
``(2) Membership.--The Executive Council shall be composed
of 5 members as follows:
``(A) The Regional Administrator of the
Environmental Protection Agency for Region IX.
``(B) The Regional Director of the United States
Fish and Wildlife Service for Region I.
``(C) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
representatives of State agencies responsible for
resource management.
``(D) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
representatives of State agencies responsible for
environmental management.
``(E) 1 member appointed by the Administrator, in
consultation with the San Francisco Estuary Project's
Management Committee, from among individuals who are
local elected officials for the San Francisco Bay-Delta
region.
``(3) Powers.--
``(A) Establishment of restoration program
office.--The Executive Council shall establish an
Office of the San Francisco Bay-Delta Estuary
Restoration Program (hereinafter in this section
referred to as the `Office') to be located on or near
the San Francisco Bay-Delta Estuary.
``(B) Implementation committee.--The Executive
Council shall establish an Implementation Committee to
provide assistance to the Council in carrying out its
duties and implementing the comprehensive plan referred
to in paragraph (1). The Implementation Committee shall
be composed of not to exceed 25 members including the
following:
``(i) Members appointed by the Executive
Council from among individuals who are
representatives of local, State, and Federal
agencies involved in implementing the
Comprehensive Plan.
``(ii) 3 members appointed by the Executive
Council from among individuals recommended by
the environmental representatives on the San
Francisco Estuary Project's Management
Committee to represent the San Francisco Bay-
Delta Estuary environmental community.
``(iii) 3 members appointed by the
Executive Council from among individuals
recommended by the business, water use, and
discharger representatives on the San Francisco
Estuary Project's Management Committee to
represent the San Francisco Bay-Delta business,
water use, and discharger communities.
``(iv) 1 member appointed by the Executive
Council from among individuals recommended by
the fisheries representatives on the San
Francisco Estuary Project's Management
Committee to represent fisheries.
``(C) Additional advisory committees.--The
Executive Council may establish such additional
advisory committees as the Council determines to be
necessary to implement the Comprehensive Plan.
``(D) Evaluation and reporting.--Not later than 2
years after the date of approval of the Comprehensive
Plan, and biennially thereafter, the Executive Council
shall issue a public report to the Administrator, the
Governor of California, and Congress which--
``(i) evaluates the progress made in
implementing the Comprehensive Plan;
``(ii) identifies anticipated priorities
and needs for future implementation of the
Comprehensive Plan;
``(iii) specifies recommendations and
justification for potential modifications to
the Comprehensive Plan; and
``(iv) summarizes any modifications to the
Comprehensive Plan that may have been approved
in the 24-month period immediately preceding
such report.
The report shall be prepared in a manner consistent
with specified review procedures that allow for
effective input from the involved agencies and the
public.
``(c) Office.--
``(1) Administration and staffing.--
``(A) In general.--The Office shall be headed by a
Director, appointed by the Executive Council, who shall
select additional appropriate staff as may be necessary
to carry out the duties of the Director under this
section.
``(B) Applicability of certain civil service
laws.--The Director and staff of the Office may be
appointed without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification
and General Schedule pay rates.
``(2) Duties.--
``(A) In general.--The Director shall--
``(i) assist the Executive Council and the
Implementation Committee in carrying out its
goals;
``(ii) be the primary supervisor of the
programs and activities of the Office; and
``(iii) be responsible for developing and
implementing the Office's work plan and budget.
``(B) Specified duties.--The Director's duties
shall also include such additional duties as may be
specified by the Executive Council and the
Implementation Committee. Such duties shall include,
but not be limited to, the following:
``(i) Assisting and supporting the
implementation of the Comprehensive Plan to
ensure success toward achieving the following
vision for the San Francisco Bay-Delta Estuary
set forth in the Comprehensive Plan: `We, the
people of California and the San Francisco Bay-
Delta region, believe the San Francisco Bay-
Delta Estuary is an international treasure and
that our ongoing stewardship is critical to its
preservation, restoration, and enhancement.
Acknowledging the importance of the Estuary to
our environmental and economic well-being, we
pledge to achieve and maintain an ecologically
diverse and productive natural estuarine
system.'.
``(ii) Conducting, coordinating, and
commissioning research, studies, and activities
considered necessary for implementation of the
Comprehensive Plan in order to accomplish the
mission statements identified in the
Comprehensive Plan.
``(iii) Identifying and pursuing options
for long-term financing of actions under the
Comprehensive Plan.
``(iv) Identifying and coordinating the
grant, research, and planning programs
authorized under this section.
``(v) Coordinating activities and
implementing responsibilities with--
``(I) other Federal agencies and
State and local agencies which have
jurisdiction over the San Francisco
Estuary;
``(II) the federally approved State
coastal management program for San
Francisco Bay; and
``(III) national and regional
marine monitoring and research
programs.
``(vi) Providing administrative and
technical support to the Executive Council, the
Implementation Committee, and any other
advisory committees established by the
Executive Council.
``(vii) Assisting the Executive Council to
ensure that the Comprehensive Plan's public
involvement and education program is carried
out.
``(viii) Assisting the Executive Council to
ensure that an estuary-wide monitoring program
and a coordinated estuary research program are
underway through the coordination of the
proposed San Francisco Estuarine Institute.
``(ix) Assisting the Executive Council with
preparation of biennial reports that evaluate
the success of the Comprehensive Plan and
identify recommendations for improved
implementation.
``(x) Convening conferences and meetings
for legislators from Federal, State, and local
governments and political subdivisions thereof
for the purpose of making recommendations for
coordinating legislative efforts to facilitate
the environmental restoration of the San
Francisco Bay-Delta Estuary and the
implementation of the Comprehensive Plan.
``(d) Grants.--
``(1) In general.--The Administrator, acting through the
Director, may make grants to eligible recipients described in
paragraph (3) for projects and studies which will help in
implementation of the Comprehensive Plan.
``(2) Additional authority.--In addition, the Administrator
may make grants to eligible recipients for the purpose of
acquiring such remnant habitats, acquiring and restoring such
degraded wetlands and uplands, and promoting the reuse of such
dredged material as may be necessary for implementation of the
Comprehensive Plan.
``(3) Eligible recipients.--State, interstate, coastal
management, and regional water pollution control agencies and
other public and nongovernmental nonprofit agencies,
institutions, and organizations shall be eligible for grants
under this subsection.
``(4) Priority.--In making grants under this subsection,
priority consideration shall be given--
``(A) to establishing the San Francisco Estuarine
Institute to coordinate implementation of the
Comprehensive Plan's research and monitoring program;
``(B) to activities to conduct the Comprehensive
Plan's public involvement and education program; and
``(C) to other activities contained in the
Comprehensive Plan that are identified as priority
activities by the Implementation Committee and the
Executive Council.
``(4) Federal share.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the Federal share of the
cost of a project or study receiving amounts from a
grant under this subsection shall not exceed 75 percent
in the aggregate.
``(B) Grants to nongovernmental nonprofit
recipients.--Except as provided in subparagraph (C),
for grants made to nongovernmental nonprofit
recipients, the Federal share of the cost of a project
shall not exceed 95 percent in the aggregate.
``(C) Grants for restoration projects.--For grants
authorized under paragraph (2), the Federal share of
the cost of a project shall not exceed 50 percent in
the aggregate. The Administrator, acting through the
Director, shall determine the percentage of the
required non-Federal match on a case-by-case basis.
Priority shall be given to projects that demonstrate
cooperative approaches, including interagency efforts
and partnerships between public and private entities.
``(D) Non-federal sources.--A grant under this
subsection to carry out a project shall be made on the
condition that the non-Federal share of the cost of the
project will be provided by non-Federal sources.
``(e) Authorizations.--There is authorized to be appropriated to
the Administrator--
``(1) for the implementation of this section, other than
subsections (c)(1) and (d), such sums as may be necessary for
each of fiscal years 1994 through 1998;
``(2) for the implementation of subsection (c)(1) not to
exceed $3,000,000 per fiscal year for each of fiscal years 1994
through 1998; and
``(3) for the implementation of subsection (d) not to
exceed $10,000,000 per fiscal year for each of fiscal years
1994 through 1998.''.
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