Title 33, Navigation and Navigable WatersRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Creates a San Francisco Bay Program Office at the EPA Region 9 headquarters to run a grant and planning program for the Bay. The office will have a Director chosen by the EPA Administrator who has management and technical experience with the Bay. The Director gets the authority and staff needed to do the work. The law names two terms: Estuary Partnership — the San Francisco Estuary Partnership that is the Bay’s designated management group; San Francisco Bay Plan — the current conservation plan for the Bay, which the Director must review and replace with a new plan within 5 years after December 23, 2022, and then update at least every 5 years. The Director must make an annual priority list of projects that match the Bay plan (such as water quality, wetland and species restoration, and climate change work), include who will get help and the communities served, and consult with the Estuary Partnership, California and local governments, the Bay Restoration Authority, tribes, and other stakeholders. The Director can give grants or cooperative agreements to state and local agencies, special districts, public or nonprofit groups, and the Estuary Partnership for projects on the priority list. Federal funding can cover up to 75% of a project’s cost; at least 25% must come from non‑Federal sources. No more than 5% of the money for the program can pay administrative costs, and the funds cannot be used to run the management conference under the earlier law (section 1330).

Full Legal Text

Title 33, §1276a

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Estuary Partnership
(2)San Francisco Bay Plan
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)Program Office
(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.
(2)Appointment of Director (3) Delegation of authority; staffing
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.
(c)Annual priority list
(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).
(2)Inclusions
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)Consultation
In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of— (A)
(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)San Francisco Bay Plan
(1)In general
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)Revision of San Francisco Bay Plan
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)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.
(e)Grant program
(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
(A)Maximum amount of grants
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)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.
(f)Funding
(1)Administrative expenses
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)Prohibition
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 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110