[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>