What changed between these versions
A substantive refinement of funding provisions. v2 expands the 75% federal funding limit to apply to all projects, not just those carried out by non-Federal entities, and clarifies the non-Federal share requirement. It also updates a statutory reference and slightly narrows the scope of prohibited relationships with foreign countries of concern for non-Federal recipients.
Overview
A handful of targeted changes. · v2 refines and clarifies the funding program's implementation, particularly regarding cost-sharing and recipient limitations, while also expanding the applicability of certain funding caps.
The primary change in v2 is the expansion of the 75% federal funding cap to apply to all projects, activities, or studies under the program, whereas v1 limited this cap only to non-Federal entities. Additionally, v2 clarifies the non-Federal share requirement and updates the statutory reference for "foreign country of concern" while slightly narrowing the types of prohibited relationships. The explicit provision for Federal interagency agreements present in v1 has been removed in v2.
Deletions
This paragraph, titled "Federal interagency agreements," specified that amounts provided to Federal agencies under interagency agreements could be used to carry out activities described in subsection (c).
The deletion removes an explicit statement regarding the use of funds provided to Federal agencies via interagency agreements for program activities. While v2's (e)(1) still allows funding to Federal agencies, the specific authorization for the use of those funds for subsection (c) activities is no longer separately articulated. This might imply that Federal agencies are now treated more uniformly under the general funding provisions without a specific carve-out for interagency agreement use.
Modifications
This modification extends the 75% federal funding limit to projects undertaken by Federal agencies as well, requiring them to also secure a 25% non-Federal share or other funding for projects under this program.
Before
Limited the maximum Federal funding to 75 percent of the total cost only for projects, activities, and studies carried out by non-Federal entities.
After
Limits the maximum Federal funding to 75 percent of the total cost for any project, activity, or study under this section, removing the explicit restriction to non-Federal entities.
This change clarifies that the non-Federal share requirement specifically applies to projects where federal funds are provided to non-Federal entities, aligning with the broader application of the maximum amount provision.
Before
Required not less than 25 percent of the cost of any project, activity, or study to be provided from non-Federal sources.
After
Requires not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided to a non-Federal entity to be provided from non-Federal sources.
The updated statutory reference ensures precision in defining "foreign country of concern." The narrowing of prohibited connections by removing "relationship" means that less formal ties might no longer disqualify an entity, potentially slightly broadening the pool of eligible non-Federal recipients.
Before
Prohibited Federal funding to non-Federal entities if they were associated with a foreign country of concern (defined as 42 U.S.C. 19237) or had any "agreement, partnership, or relationship" with such a country.
After
Prohibits Federal funding to non-Federal entities if they were associated with a foreign country of concern (defined as section 10638 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19237)) or had any "agreement or partnership" with such a country.
Scope
Meaningful expansion or narrowing — Changes are concentrated within subsection (e) of Section 125, which governs program implementation. — v2 represents a refinement within the same policy direction, primarily clarifying and adjusting the operational aspects of funding and recipient eligibility rather than altering the core purpose of the San Francisco Bay restoration program. — The changes primarily interact with and modify the specific provisions within subsection (e) itself, without broad ripple effects on other sections of the Federal Water Pollution Control Act.
Impact analysis
Federal agencies receiving funding under this section
Loss of full federal funding for projects, requiring them to secure a non-Federal share.
The 75% federal funding limit, previously applicable only to non-Federal entities, now explicitly applies to all projects, activities, or studies, including those carried out by Federal agencies.
Non-Federal entities with less formal ties to foreign countries of concern
Gain of potential eligibility for funding.
The criteria for prohibited relationships with foreign countries of concern have been narrowed from "agreement, partnership, or relationship" to "agreement or partnership."