[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 119 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 119
To amend the Federal Water Pollution Control Act to authorize the South
Florida Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to authorize the South
Florida Program, 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 ``South Florida Ecosystem Enhancement
Act of 2023''.
SEC. 2. SOUTH FLORIDA PROGRAM.
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:
``SEC. 125. SOUTH FLORIDA.
``(a) Definitions.--In this section:
``(1) Science coordination group.--The term `Science
Coordination Group' means the South Florida Ecosystem
Restoration Science Coordination Group established to support
the South Florida Ecosystem Restoration Task Force.
``(2) South florida.--The term `South Florida' means--
``(A) all land and water within the administrative
boundaries of the South Florida Water Management
District and contiguous near-shore coastal waters,
including the Florida Keys; and
``(B) Florida's Coral Reef and the associated patch
reef, hard-bottom, and seagrass resources.
``(3) South florida ecosystem restoration task force.--The
term `South Florida Ecosystem Task Force' means the South
Florida Ecosystem Restoration Task Force established by section
528(f)(1) of the Water Resources Development Act of 1996
(Public Law 104-303; 110 Stat. 3771).
``(4) South florida ecosystem restoration working group.--
The term `South Florida Ecosystem Restoration Working Group'
means the working group established by the South Florida
Ecosystem Task Force pursuant to section 528(f)(2)(D) of the
Water Resources Development Act of 1996 (Public Law 104-303;
110 Stat 3771).
``(5) South florida program.--The term `South Florida
Program' means the South Florida Program established under
subsection (b)(1).
``(b) South Florida Program.--
``(1) Establishment.--The Administrator shall establish
within the Water Division of the Region 4 Office of the
Environmental Protection Agency the South Florida Program.
``(2) Duties.--In carrying out the South Florida Program,
the Administrator shall--
``(A) assess trends in water quality, including
trends that affect uses of water in South Florida;
``(B) collect, characterize, and assess data to
identify existing or potential water quality problems
and the causes of those problems; and
``(C) provide grants in accordance with subsections
(d) and (f).
``(3) Designation.--The Administrator shall designate an
individual in the Water Division of the Region 4 Office of the
Environmental Protection Agency to carry out the day-to-day
operations of the South Florida Program.
``(c) South Florida Ecosystem Restoration Working Group.--The
individual designated by the Administrator under subsection (b)(3)
shall serve as the representative of the Environmental Protection
Agency on the South Florida Ecosystem Restoration Working Group.
``(d) Grant Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the South Florida Ecosystem Enhancement
Act of 2023, the Administrator shall establish a grant program
(referred to in this subsection as the `grant program') to
carry out projects to monitor, enhance, protect, preserve, or
restore water quality, wetlands, aquatic ecosystems, or marine
habitat--
``(A) in South Florida; and
``(B) outside of South Florida but within the study
area boundaries of--
``(i) the Indian River Lagoon National
Estuary Program authorized under section 320;
and
``(ii) the Coastal and Heartland National
Estuary Partnership authorized under that
section.
``(2) Eligible entities.--An entity eligible to receive a
grant under the grant program is--
``(A) a State agency;
``(B) a unit of local government;
``(C) an institution of higher education;
``(D) a federally recognized Indian Tribe; and
``(E) an entity that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(c) of that Code.
``(3) Selection.--
``(A) Application.--An eligible entity seeking a
grant under the grant program shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Limitations.--
``(i) Location of projects.--Not more than
15 percent of the amounts made available to
carry out this subsection for each fiscal year
may be awarded for projects that would be
carried out in locations described in paragraph
(1)(B).
``(ii) Other sources of funding.--
``(I) In general.--Subject to
subclause (II), in selecting recipients
of grants under the grant program, the
Administrator may not award a grant to
carry out a water infrastructure
activity that has received assistance--
``(aa) from a State water
pollution control revolving
fund established under title
VI;
``(bb) from a State
drinking water treatment
revolving loan fund established
under section 1452 of the Safe
Drinking Water Act (42 U.S.C.
300j-12); or
``(cc) pursuant to the
Water Infrastructure Finance
and Innovation Act of 2014 (33
U.S.C. 3901 et seq.).
``(II) Exception.--The
Administrator may award a grant under
the grant program to carry out a
separable component of a project
described in subclause (I) if grant
funds would be used to construct
natural features and nature-based
features (as those terms are defined in
section 1184(a) of the Water
Infrastructure Improvements for the
Nation Act (33 U.S.C. 2289a(a))), or to
conduct an ecosystem restoration
project, that improves habitat and
other ecosystem functions.
``(4) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, not less than 33
percent shall be used to carry out this subsection.
``(e) Support for South Florida Ecosystem Restoration Special
Projects and Activities.--
``(1) Interagency agreement.--The Administrator shall, on
an annual basis, develop and execute interagency agreements or
cooperative agreements with appropriate Federal, State, local,
or Tribal agencies to provide funding for 1 or more special
projects or activities within South Florida on the
recommendation of the South Florida Ecosystem Restoration Task
Force.
``(2) Coordination.--The Administrator shall coordinate
with the Administrator of the Office of Everglades Restoration
Initiatives of the Department of the Interior to annually
solicit and receive a priority list of special projects or
activities that enhance the capacity of Federal, State, local,
or Tribal agencies participating in the South Florida Ecosystem
Restoration Task Force, the South Florida Ecosystem Restoration
Working Group, and the Science Coordination Group to fulfill
the mandate under section 528 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3767),
title VI of the Water Resources Development Act of 2000 (Public
Law 106-541; 114 Stat. 2680), and other applicable law to
restore the South Florida ecosystem.
``(3) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, not less than 50
percent shall be used to carry out this subsection.
``(f) Education Grants.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the South Florida Ecosystem Enhancement
Act of 2022, the Administrator shall establish an education
grant program (referred to in this subsection as the `grant
program') to support educational and environmental literacy
efforts focused on regional bodies of water in South Florida.
``(2) Eligible entities.--An entity eligible to receive a
grant under the grant program is an entity focused on public
engagement, environmental literacy, or education efforts that
is--
``(A) a State, local, or Tribal government entity,
including a public school district and a Tribal school;
``(B) an entity that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(c) of that Code;
or
``(C) an institution of higher education.
``(3) Use of funds.--Each fiscal year, the Administrator
shall award grants under the education grant program for public
engagement, environmental literacy, and education efforts with
respect to any of the following:
``(A) Biscayne Bay.
``(B) Caloosahatchee River and Estuary.
``(C) Charlotte Harbor.
``(D) The Everglades.
``(E) Everglades Headwaters.
``(F) Florida Bay.
``(G) Florida's Coral Reef.
``(H) Lake Okeechobee.
``(I) Loxahatchee River and Lake Worth Lagoon.
``(J) Indian River Lagoon.
``(K) St. Lucie River and Estuary.
``(4) Selection.--
``(A) Application.--An eligible entity seeking a
grant under the grant program shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Priority consideration.--In selecting
entities to be awarded grants under the grant program,
the Administrator shall give priority to applications
that seek to fund field trips for socially
disadvantaged students in public elementary schools,
public secondary schools, and Tribal schools to access
publicly protected lands and natural resources.
``(5) Cost-share.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of a project carried out using a grant
under the grant program may not exceed 50 percent of
the total cost of the project.
``(B) Waiver.--The Administrator may waive the
Federal share requirement under subparagraph (A) for
projects carried out to support efforts described in
paragraph (4)(B).
``(6) Allocation.--Of the amounts made available to carry
out this section each fiscal year, to the extent there are
sufficient high-quality project applications, the Administrator
may use not more than 1 percent to carry out this subsection.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $50,000,000 for each of fiscal years 2024
through 2028 to carry out this section.
``(2) Administrative costs.--Of the amounts made available
to carry out this section under paragraph (1) each fiscal year,
the Administrator may use not more than 4 percent for
administrative costs.''.
<all>
South Florida Ecosystem Enhancement Act of 2023
#119 | S Congress #118
Policy Area: Environmental Protection
Subjects:
Last Action: Read twice and referred to the Committee on Environment and Public Works. (1/26/2023)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text