Title 33Navigation and Navigable WatersRelease 119-73not60

§1276a San Francisco Bay Restoration Grant Program

Title 33 › Chapter 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter I— RESEARCH AND RELATED PROGRAMS › § 1276a

Last updated Apr 5, 2026|Official source

Summary

Creates an EPA San Francisco Bay Program Office at the Region 9 headquarters and puts a Director in charge. The Director must have bay-related management and technical experience, get the staff and authority needed, and each year publish a public notice and a priority list of projects that follow the San Francisco Bay Plan. The list must cover projects that improve water quality (including cutting marine litter), restore and protect wetlands, rivers, and the estuary, help nearshore and endangered species, and support climate change adaptation. The list must say who will get help, describe the communities served, and explain how projects were chosen. The Director must consult the Estuary Partnership, California and local governments, the San Francisco Bay Restoration Authority, and other relevant stakeholders. Not later than 5 years after December 23, 2022, the Director, with the Estuary Partnership, must review and update the bay management plan, and then review it at least every 5 years after that, consulting tribes and seeking other non-Federal input. The Director may fund listed projects through grants or agreements to state, local, special district, public, or nonprofit groups. No entity may receive more than 75 percent of a project’s cost from these funds, and at least 25 percent of each project’s cost must come from non-Federal sources. No more than 5 percent of annual funds may pay administrative costs, and none may pay for administration of a management conference under section 1330. Estuary Partnership: the group designated to manage the San Francisco Bay. San Francisco Bay Plan: the guiding management plan for the bay.

Full Legal Text

Title 33, §1276a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:
(1)The term “Estuary Partnership” means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 1330 of this title.
(2)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 1330 of this title 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)(1)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)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)The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.
(c)(1)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)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)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)(1)Not later than 5 years after December 23, 2022, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 1330 of this title 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)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)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)(1)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)(A)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)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)(1)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.
(2)No amounts made available under this section may be used for the administration of a management conference under section 1330 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1276a

Title 33Navigation and Navigable Waters

Last Updated

Apr 5, 2026

Release point: 119-73not60