What This Bill Does
This bill creates the South Florida Program within the Environmental Protection Agency to assess water quality and restore ecosystems in South Florida. The program will provide grants for projects that monitor, enhance, protect, preserve or restore water quality, wetlands, aquatic ecosystems and marine habitats in South Florida and nearby coastal areas.
Who It Affects
State agencies, local governments, colleges and universities, American Indian tribes, nonprofits, public school districts and Tribal schools can receive grants under this program. The Environmental Protection Agency will manage the program and administer the funds. Residents of South Florida benefit from improved water quality and ecosystem restoration projects.
Key Provisions
* The EPA Administrator must establish the South Florida Program within the Water Division of Region 4 Office and assess trends in water quality in South Florida (Sec. 125(b)(1) and (b)(2)).
* The EPA must create a grant program within 180 days to fund water quality and ecosystem projects in South Florida and two nearby coastal study areas, with eligible applicants including state agencies, local governments, colleges, tribes and nonprofits (Sec. 125(d)(1) and (d)(2)).
* At least 33 percent of annual funding must support the water quality grant program and at least 50 percent must support special ecosystem restoration projects recommended by the South Florida Ecosystem Restoration Task Force (Sec. 125(d)(4) and (e)(3)).
* The EPA must establish an education grant program within 180 days to fund environmental literacy and public engagement efforts focused on South Florida water bodies, with priority given to field trips for disadvantaged students (Sec. 125(f)(1) and (f)(4)(B)).
* No more than 15 percent of grant funds may go to projects outside South Florida, and the EPA cannot fund water infrastructure projects that already received funding from other federal sources unless the grant covers only natural features or ecosystem restoration components (Sec. 125(d)(3)(B)).
What Changes
The EPA gains responsibility for managing water quality monitoring and ecosystem restoration in South Florida. Federal grant funding becomes available for eligible organizations to carry out restoration projects. Environmental education programs focused on South Florida water bodies receive new federal support. The EPA must designate a specific staff member to oversee the South Florida Program's daily operations.
Important Definitions
* "South Florida" means land and water within the South Florida Water Management District, nearby coastal waters including the Florida Keys, and Florida's Coral Reef and associated reef resources.
* "Science Coordination Group" means the South Florida Ecosystem Restoration Science Coordination Group that supports the South Florida Ecosystem Restoration Task Force.
* "South Florida Program" means the program established under this bill.
II
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 au-
thorize the South Florida Program, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘South Florida Eco-
4
system Enhancement Act of 2023’’.
5
SEC. 2. SOUTH FLORIDA PROGRAM.
6
Title I of the Federal Water Pollution Control Act
7
(33 U.S.C. 1251 et seq.) is amended by adding at the end
8
the following:
9
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•S 119 IS
‘‘SEC. 125. SOUTH FLORIDA.
1
‘‘(a) DEFINITIONS.—In this section:
2
‘‘(1) SCIENCE
COORDINATION
GROUP.—The
3
term ‘Science Coordination Group’ means the South
4
Florida Ecosystem Restoration Science Coordination
5
Group established to support the South Florida Eco-
6
system Restoration Task Force.
7
‘‘(2) SOUTH FLORIDA.—The term ‘South Flor-
8
ida’ means—
9
‘‘(A) all land and water within the admin-
10
istrative boundaries of the South Florida Water
11
Management District and contiguous near-shore
12
coastal waters, including the Florida Keys; and
13
‘‘(B) Florida’s Coral Reef and the associ-
14
ated patch reef, hard-bottom, and seagrass re-
15
sources.
16
‘‘(3) SOUTH
FLORIDA
ECOSYSTEM
RESTORA-
17
TION TASK FORCE.—The term ‘South Florida Eco-
18
system Task Force’ means the South Florida Eco-
19
system Restoration Task Force established by sec-
20
tion 528(f)(1) of the Water Resources Development
21
Act of 1996 (Public Law 104–303; 110 Stat. 3771).
22
‘‘(4) SOUTH
FLORIDA
ECOSYSTEM
RESTORA-
23
TION WORKING GROUP.—The term ‘South Florida
24
Ecosystem Restoration Working Group’ means the
25
working group established by the South Florida Eco-
26
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•S 119 IS
system Task Force pursuant to section 528(f)(2)(D)
1
of the Water Resources Development Act of 1996
2
(Public Law 104–303; 110 Stat 3771).
3
‘‘(5) SOUTH
FLORIDA
PROGRAM.—The term
4
‘South Florida Program’ means the South Florida
5
Program established under subsection (b)(1).
6
‘‘(b) SOUTH FLORIDA PROGRAM.—
7
‘‘(1)
ESTABLISHMENT.—The
Administrator
8
shall establish within the Water Division of the Re-
9
gion 4 Office of the Environmental Protection Agen-
10
cy the South Florida Program.
11
‘‘(2) DUTIES.—In carrying out the South Flor-
12
ida Program, the Administrator shall—
13
‘‘(A) assess trends in water quality, includ-
14
ing trends that affect uses of water in South
15
Florida;
16
‘‘(B) collect, characterize, and assess data
17
to identify existing or potential water quality
18
problems and the causes of those problems; and
19
‘‘(C) provide grants in accordance with
20
subsections (d) and (f).
21
‘‘(3) DESIGNATION.—The Administrator shall
22
designate an individual in the Water Division of the
23
Region 4 Office of the Environmental Protection
24
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•S 119 IS
Agency to carry out the day-to-day operations of the
1
South Florida Program.
2
‘‘(c) SOUTH FLORIDA ECOSYSTEM RESTORATION
3
WORKING GROUP.—The individual designated by the Ad-
4
ministrator under subsection (b)(3) shall serve as the rep-
5
resentative of the Environmental Protection Agency on the
6
South Florida Ecosystem Restoration Working Group.
7
‘‘(d) GRANT PROGRAM.—
8
‘‘(1) ESTABLISHMENT.—Not later than 180
9
days after the date of enactment of the South Flor-
10
ida Ecosystem Enhancement Act of 2023, the Ad-
11
ministrator shall establish a grant program (referred
12
to in this subsection as the ‘grant program’) to carry
13
out projects to monitor, enhance, protect, preserve,
14
or restore water quality, wetlands, aquatic eco-
15
systems, or marine habitat—
16
‘‘(A) in South Florida; and
17
‘‘(B) outside of South Florida but within
18
the study area boundaries of—
19
‘‘(i) the Indian River Lagoon National
20
Estuary Program authorized under section
21
320; and
22
‘‘(ii) the Coastal and Heartland Na-
23
tional
Estuary
Partnership
authorized
24
under that section.
25
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•S 119 IS
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to
1
receive a grant under the grant program is—
2
‘‘(A) a State agency;
3
‘‘(B) a unit of local government;
4
‘‘(C) an institution of higher education;
5
‘‘(D) a federally recognized Indian Tribe;
6
and
7
‘‘(E) an entity that is described in section
8
501(c)(3) of the Internal Revenue Code of 1986
9
and exempt from taxation under section 501(c)
10
of that Code.
11
‘‘(3) SELECTION.—
12
‘‘(A) APPLICATION.—An eligible entity
13
seeking a grant under the grant program shall
14
submit to the Administrator an application at
15
such time, in such manner, and containing such
16
information as the Administrator may require.
17
‘‘(B) LIMITATIONS.—
18
‘‘(i) LOCATION
OF
PROJECTS.—Not
19
more than 15 percent of the amounts
20
made available to carry out this subsection
21
for each fiscal year may be awarded for
22
projects that would be carried out in loca-
23
tions described in paragraph (1)(B).
24
‘‘(ii) OTHER SOURCES OF FUNDING.—
25
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•S 119 IS
‘‘(I) IN
GENERAL.—Subject to
1
subclause (II), in selecting recipients
2
of grants under the grant program,
3
the Administrator may not award a
4
grant to carry out a water infrastruc-
5
ture activity that has received assist-
6
ance—
7
‘‘(aa) from a State water
8
pollution control revolving fund
9
established under title VI;
10
‘‘(bb) from a State drinking
11
water treatment revolving loan
12
fund established under section
13
1452 of the Safe Drinking Water
14
Act (42 U.S.C. 300j–12); or
15
‘‘(cc) pursuant to the Water
16
Infrastructure Finance and Inno-
17
vation Act of 2014 (33 U.S.C.
18
3901 et seq.).
19
‘‘(II) EXCEPTION.—The Admin-
20
istrator may award a grant under the
21
grant program to carry out a sepa-
22
rable component of a project described
23
in subclause (I) if grant funds would
24
be used to construct natural features
25
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•S 119 IS
and nature-based features (as those
1
terms are defined in section 1184(a)
2
of the Water Infrastructure Improve-
3
ments for the Nation Act (33 U.S.C.
4
2289a(a))), or to conduct an eco-
5
system restoration project, that im-
6
proves habitat and other ecosystem
7
functions.
8
‘‘(4) ALLOCATION.—Of the amounts made
9
available to carry out this section each fiscal year,
10
to the extent there are sufficient high-quality project
11
applications, not less than 33 percent shall be used
12
to carry out this subsection.
13
‘‘(e) SUPPORT
FOR SOUTH FLORIDA ECOSYSTEM
14
RESTORATION SPECIAL PROJECTS AND ACTIVITIES.—
15
‘‘(1) INTERAGENCY AGREEMENT.—The Admin-
16
istrator shall, on an annual basis, develop and exe-
17
cute interagency agreements or cooperative agree-
18
ments with appropriate Federal, State, local, or
19
Tribal agencies to provide funding for 1 or more
20
special projects or activities within South Florida on
21
the recommendation of the South Florida Ecosystem
22
Restoration Task Force.
23
‘‘(2) COORDINATION.—The Administrator shall
24
coordinate with the Administrator of the Office of
25
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•S 119 IS
Everglades Restoration Initiatives of the Depart-
1
ment of the Interior to annually solicit and receive
2
a priority list of special projects or activities that en-
3
hance the capacity of Federal, State, local, or Tribal
4
agencies participating in the South Florida Eco-
5
system Restoration Task Force, the South Florida
6
Ecosystem Restoration Working Group, and the
7
Science Coordination Group to fulfill the mandate
8
under section 528 of the Water Resources Develop-
9
ment Act of 1996 (Public Law 104–303; 110 Stat.
10
3767), title VI of the Water Resources Development
11
Act of 2000 (Public Law 106–541; 114 Stat. 2680),
12
and other applicable law to restore the South Flor-
13
ida ecosystem.
14
‘‘(3) ALLOCATION.—Of the amounts made
15
available to carry out this section each fiscal year,
16
to the extent there are sufficient high-quality project
17
applications, not less than 50 percent shall be used
18
to carry out this subsection.
19
‘‘(f) EDUCATION GRANTS.—
20
‘‘(1) ESTABLISHMENT.—Not later than 180
21
days after the date of enactment of the South Flor-
22
ida Ecosystem Enhancement Act of 2022, the Ad-
23
ministrator shall establish an education grant pro-
24
gram (referred to in this subsection as the ‘grant
25
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•S 119 IS
program’) to support educational and environmental
1
literacy efforts focused on regional bodies of water
2
in South Florida.
3
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to
4
receive a grant under the grant program is an entity
5
focused on public engagement, environmental lit-
6
eracy, or education efforts that is—
7
‘‘(A) a State, local, or Tribal government
8
entity, including a public school district and a
9
Tribal school;
10
‘‘(B) an entity that is described in section
11
501(c)(3) of the Internal Revenue Code of 1986
12
and exempt from taxation under section 501(c)
13
of that Code; or
14
‘‘(C) an institution of higher education.
15
‘‘(3) USE OF FUNDS.—Each fiscal year, the Ad-
16
ministrator shall award grants under the education
17
grant program for public engagement, environmental
18
literacy, and education efforts with respect to any of
19
the following:
20
‘‘(A) Biscayne Bay.
21
‘‘(B) Caloosahatchee River and Estuary.
22
‘‘(C) Charlotte Harbor.
23
‘‘(D) The Everglades.
24
‘‘(E) Everglades Headwaters.
25
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•S 119 IS
‘‘(F) Florida Bay.
1
‘‘(G) Florida’s Coral Reef.
2
‘‘(H) Lake Okeechobee.
3
‘‘(I) Loxahatchee River and Lake Worth
4
Lagoon.
5
‘‘(J) Indian River Lagoon.
6
‘‘(K) St. Lucie River and Estuary.
7
‘‘(4) SELECTION.—
8
‘‘(A) APPLICATION.—An eligible entity
9
seeking a grant under the grant program shall
10
submit to the Administrator an application at
11
such time, in such manner, and containing such
12
information as the Administrator may require.
13
‘‘(B) PRIORITY
CONSIDERATION.—In se-
14
lecting entities to be awarded grants under the
15
grant program, the Administrator shall give pri-
16
ority to applications that seek to fund field
17
trips for socially disadvantaged students in pub-
18
lic elementary schools, public secondary schools,
19
and Tribal schools to access publicly protected
20
lands and natural resources.
21
‘‘(5) COST-SHARE.—
22
‘‘(A) IN
GENERAL.—Subject to subpara-
23
graph (B), the Federal share of a project car-
24
ried out using a grant under the grant program
25
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•S 119 IS
may not exceed 50 percent of the total cost of
1
the project.
2
‘‘(B) WAIVER.—The Administrator may
3
waive the Federal share requirement under sub-
4
paragraph (A) for projects carried out to sup-
5
port efforts described in paragraph (4)(B).
6
‘‘(6) ALLOCATION.—Of the amounts made
7
available to carry out this section each fiscal year,
8
to the extent there are sufficient high-quality project
9
applications, the Administrator may use not more
10
than 1 percent to carry out this subsection.
11
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
12
‘‘(1) IN GENERAL.—There is authorized to be
13
appropriated to the Administrator $50,000,000 for
14
each of fiscal years 2024 through 2028 to carry out
15
this section.
16
‘‘(2) ADMINISTRATIVE COSTS.—Of the amounts
17
made available to carry out this section under para-
18
graph (1) each fiscal year, the Administrator may
19
use not more than 4 percent for administrative
20
costs.’’.
21
Æ
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