118 HR 628 IH: South Florida Ecosystem Enhancement Act of 2023
U.S. House of Representatives
2023-01-30
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I
118th CONGRESS
1st Session
H. R. 628
IN THE HOUSE OF REPRESENTATIVES
January 30, 2023
Mr. Gimenez introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to authorize the South Florida Program, and for other purposes.
1.

Short title
This Act may be cited as the “South Florida Ecosystem Enhancement Act of 2023”.
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:
“127.

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.”.