33 U.S.C. § 1276a — San Francisco Bay restoration grant program

(a) Definitions. “Estuary Partnership” means the San Francisco Estuary Partnership, which is the management conference for San Francisco Bay under section 1330. “San Francisco Bay Plan” means the existing comprehensive conservation and management plan until the Director completes the plan under subsection (d), and then means the Director’s plan.

(b) Program Office. (1) The Administrator must create a San Francisco Bay Program Office in EPA headquarters for Region 9. (2) The Administrator must appoint a Director with management experience and technical expertise about San Francisco Bay who is highly qualified to lead the projects, activities, and studies needed to carry out the Plan. (3) The Administrator must give the Director the authority and staff needed to carry out this section.

(c) Annual priority list. (1) After public notice, the Director must make a yearly list, consistent with the Plan, that identifies and ranks the projects, activities, and studies to be funded under subsection (e). (2) The list must include projects, activities, and studies—including restoration and habitat improvement for fish, waterfowl, and wildlife—that advance the Plan’s goals and objectives for: (A)(i) improving water quality, including reducing marine litter; (ii) restoring and protecting wetlands, rivers, and the estuary; (iii) recovering nearshore and endangered species; and (iv) adapting to climate change. It must also include (B) information about those projects, activities, and studies, including (i) each entity receiving help under subsection (e), and (ii) the communities to be served; and (C) the Director’s criteria and methods for choosing items for the list. (3) In making the list, the Director must consult and consider recommendations from (A) the Estuary Partnership, (B) California and affected local governments in the watershed, (C) the San Francisco Bay Restoration Authority, and (D) other relevant stakeholders the Director considers appropriate.

(d) San Francisco Bay Plan. (1) Within 5 years after December 23, 2022, the Director, together with the Estuary Partnership, must review and revise the existing plan to create a plan guiding the Office’s projects, activities, and studies for restoring and protecting San Francisco Bay. (2) At least once every 5 years after that plan is completed, the Director must review it and revise it when appropriate. (3) The Director must consult the Estuary Partnership and Indian tribes and seek views from other non-Federal stakeholders.

(e) Grant program. (1) The Director may use cooperative agreements, grants, or other methods to fund State^* and local agencies, special districts, public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for items on the annual list. (2)(A) In one fiscal year, an entity may receive no more than 75 percent of the total cost of the funded items. (B) At least 25 percent of each project, activity, or study’s cost must come from non-Federal sources.

(f) Funding. (1) The Director may use no more than 5 percent of the yearly amount available for administrative expenses. (2) No money available under this section may be used to administer a management conference under section 1330.