[Congressional Record Volume 146, Number 54 (Thursday, May 4, 2000)]
[House]
[Pages H2558-H2561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          FLORIDA KEYS WATER QUALITY IMPROVEMENTS ACT OF 2000

  The SPEAKER pro tempore (Mr. Miller of Florida). Pursuant to House 
Resolution 483 and rule XVIII, the Chair declares the House in the 
Committee of the Whole House on the State of the Union for the 
consideration of the bill, H.R. 673.

                              {time}  1103


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 673) to authorize the Administrator of the Environmental 
Protection Agency to make grants to the Florida Keys Aqueduct Authority 
and other appropriate agencies for the purpose of improving water 
quality throughout the marine ecosystem of the Florida Keys, with Mr. 
Barrett of Nebraska in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Pennsylvania (Mr. Shuster) and the 
gentleman from Pennsylvania (Mr. Borski) each will control 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would urge strong support for H.R. 673, the Florida 
Keys Water Quality Improvements Act, because it is going to help 
improve and maintain one of our Nation's real treasures, the Florida 
Keys National Marine Sanctuary.
  The water quality experts have found that the inadequate wastewater 
treatment and storm water management systems are major contributors of 
pollution in the nearby waters of the Florida Keys. This pollution is 
threatening

[[Page H2559]]

the ecosystem's health and viability. However, the costs to make the 
necessary wastewater and storm water improvements represent an enormous 
burden to the 85,000 permanent residents of Monroe County, Florida. So 
that is why I would urge all Members of Congress to support passage of 
this bill.
  It provides Federal assistance to help Monroe County afford the 
necessary improvements to protect the Florida Keys National Marine 
Sanctuary.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BORSKI. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to join with our distinguished chairman in 
strong support of H.R. 673, the Florida Keys Water Quality Improvements 
Act.
  The Florida Keys are a spectacular natural resource of international 
significance. Home to North America's only living coral barrier reef, 
the Florida Keys are located in a unique and fragile marine environment 
requiring special attention. We must ensure that these resources are 
protected for future generations.
  The Florida Keys marine ecosystem is dependent upon clean, clear 
water with low nutrient levels for its survival. However, as population 
and tourism within the Keys have increased over the years, improvements 
in wastewater and storm water management have not kept pace. The result 
is an increased discharge of pollutants into the near-shore waters of 
the Florida Keys. This increased pollution has had devastating effects 
on the marine environment, and is threatening the reefs of the Florida 
Keys National Marine Sanctuary.
  The legislation on the floor today will assist greatly in improving 
the water quality of the Florida Keys region. H.R. 673, as amended by 
the Committee on Transportation and Infrastructure, would establish a 
grant program under the Environmental Protection Agency for the 
construction of treatment works projects aimed at improving the water 
quality of the Florida Keys National Marine Sanctuary.
  The administrator of EPA, after consultation with State and local 
officials, would be authorized to fund treatment works projects that 
comply or are consistent with local growth ordinances, plans and 
agreements, as well as current water quality standards. Projects funded 
under this program would be cost-shared, with local sponsors providing 
a minimum of 25 percent of the project costs.
  Monies authorized by this bill will be utilized to replace the dated, 
inefficient methods of sewage and storm water treatment currently being 
used in the Keys with modern waste and storm water treatment works.
  By ensuring that the nutrients associated with such wastes are not 
discharged or released into the surrounding waters, we can prevent 
further damage to the marine environment and achieve dramatic 
improvement to the water quality in the National Marine Sanctuary.
  Mr. Chairman, I want to congratulate the sponsor of this legislation, 
the gentleman from Florida (Mr. Deutsch) and the gentleman from Florida 
(Mr. Shaw) for their hard work in bringing this matter to the 
consideration of the committee. I support this legislation and urge its 
approval.
  Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Florida (Mr. Miller), for a colloquy.
  Mr. MILLER of Florida. Mr. Chairman, I rise in strong support of this 
legislation; and I commend my colleague, the gentleman from Florida 
(Mr. Deutsch), who represents the Keys, in bringing this forward. I 
also commend the gentleman from Pennsylvania (Mr. Shuster) and the 
gentleman from New York (Mr. Boehlert), who is chairman of the 
subcommittee, as they go through this process of evaluating the 
restoration of the Florida Keys.
  It is going to be one of the largest single, as we know, public works 
projects in history; and we are excited about the future of being able 
to restore the Everglades to that river of grasses that was so 
eloquently written about over 50 years ago.
  I proposed an amendment, which I will not be making, because of some 
concerns I had about issues within the Everglades, because when we talk 
about the quality of water, and that is what we are talking about is 
the quality of the water in the Everglades, and the gentleman was 
talking about the runoff in the Keys and also the issue of septic 
tanks, we need to talk about agricultural runoff that flows from the 
Keys. And there is no question it has a negative impact on the Keys and 
Florida Bay, which everybody has used great superlatives to describe 
this delicate marine ecosystem, as was used earlier that we need to 
make sure that we are allowed and the EPA is allowed to continue to 
address the issue of agricultural runoff and that there is nothing in 
this bill that would preclude the EPA from addressing that particular 
issue.
  So that is essentially what my concern is, that the EPA can continue 
to address any of the concerns about agricultural runoff, and this does 
not prevent that from happening.
  Mr. SHUSTER. Mr. Chairman, will the gentleman yield?
  Mr. MILLER of Florida. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Mr. Chairman, the gentleman is absolutely correct, this 
bill focuses solely on the role of financial assistance.
  Mr. MILLER of Florida. Great. The sugar program is one that 
encourages overproduction of sugar, and it has that negative impact 
because of the pollutants of fertilizer and such so I think we need to 
address that issue; and it will come up at other times during the year, 
and we will address it at that time.
  So I appreciate the chairman's assurance.
  Mr. BORSKI. Mr. Chairman, I yield 5 minutes to the distinguished 
gentleman from Florida (Mr. Deutsch), the prime sponsor of the 
legislation.
  Mr. DEUTSCH. Mr. Chairman, this is really in many ways one of, I 
would not even say proudest but happiest days that I have served in the 
United States Congress just listening to the debate over the last half 
hour or so in terms of the Florida Keys, because for anyone who has 
been listening for the last half hour or so we have Members from around 
the country speaking as eloquently, if not better, about the beauty and 
the significance of the Florida Keys as I could myself.
  I think that is the statement that this is not a resource just of 
Monroe County, and the truth is it is not even just a resource of the 
United States of America, but it truly is an international resource. 
There is only one Everglades in the world. There is only one Florida 
Bay. There is only one living coral reef in North America which is 
basically outside or part of the Florida Keys, part of Monroe County. 
So this has really been a very heartwarming last half hour or so, but 
more than that it has been a heartwarming process that we are here 
today with this bill on the floor.
  I really want to thank my colleagues from the Florida delegation, 
specifically the gentleman from Florida (Mr. Shaw), who is the prime 
sponsor with me, the gentlewoman from Florida (Ms. Ros-Lehtinen), and 
the gentleman from Florida (Mr. Goss) as well, who have worked so hard 
throughout the process but also the Members in the leadership of the 
Committee on Transportation and Infrastructure for their commitment to 
this critical national priority.
  Mr. Chairman, today Congress advances America's commitment to the 
Florida Keys. An American treasure is at risk and the Florida Keys 
Water Quality Improvements Act will help save North America's only 
living coral reef.
  A 150-mile chain of islands which rose from ancient coral rock, the 
Florida Keys comprise the southern end of the Everglades ecosystem. 
While the spectacular coral reef is the Keys' most popular feature, 
they are also known for native seagrass beds, lush tropical hardwood 
hammocks, mangrove forests, rocky pinelands, the endangered key deer, 
and a wide array of aquatic life.
  Only about 80,000 people live in the Keys community of Monroe County, 
but the mystery of this tropical paradise attracts over 2 million 
visitors every year.
  The Keys are a tropical paradise, but they are at risk of becoming a 
paradise lost. Mr. Chairman, pollution is the number one problem. 
Pristine water which was once crystal clear in many places now is 
turning pea green. The living reef tract is becoming infected

[[Page H2560]]

with disease and many parts are dying off completely. Last summer, 
unchecked pollution closed beaches throughout the county, including 
most beaches in Key West. Up and down the Keys, health officials warn 
against swimming close to shore.
  Unless decisive action is taken to stop the flow of pollution, 
scientists warn the ecosystem will continue its decline towards total 
collapse. The source of the problem is clear. The Keys have almost no 
water quality infrastructure. Lacking adequate technology, untreated 
wastewater now travels easily through porous limestone rock into the 
near-shore waters. Polluted storm water also flows from developed land 
into the same near-shore waters.
  Mr. Chairman, the Christian Science Monitor clearly described the 
problem in an article which appeared exactly one year ago today: ``One 
of the most treasured marine ecosystems in the United States is 
literally being flushed down the toilet.''
  H.R. 673 addresses this problem by authorizing $213 million for the 
deployment of water quality technology throughout the Keys. The 
legislation is a natural extension of the Federal commitment to the 
Florida Keys under the Florida Keys National Marine Sanctuary 
Protection Act approved by Congress in 1990.

                              {time}  1115

  The Sanctuary Act established a Federal role in research and 
protection of the Keys marine ecosystem. It directed the Environmental 
Protection Agency and the State of Florida to establish a Water Quality 
Steering Committee which was charged with developing a comprehensive 
water quality protection program. In fulfilling this directive, the 
steering committee worked closely with dedicated citizens, scientists, 
and technical experts. In the final analysis, it found that inadequate 
waste water and storm water systems are the largest source of pollution 
in the Keys.
  H.R. 673 also authorizes grants under the Clean Water Act for the 
construction of water quality improvements according to Monroe County's 
waste water master plan and plans of incorporated municipalities. 
Projects will be funded on a 75 percent Federal, 25 percent non-Federal 
base.
  One point is important to stress: Even with appropriate Federal 
support, the people of the Keys will still pay more than twice the 
national average in monthly sewer bills. I think my constituents will 
agree that it is a price worth paying.
  Let me just add also a word of thanks to everyone in Monroe County. 
It has been an incredibly supportive effort at every level, 
environmentalists, the Chamber of Commerce groups, it has been totally 
a success story I think in policy in terms of the Congress as well over 
a number of years.
  Mr. SHUSTER. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from New York (Mr. Boehlert), the distinguished chairman of 
the Subcommittee on Water Resources of the Committee on Transportation 
and Infrastructure.
  Mr. BOEHLERT. Mr. Chairman, I thank the chairman for yielding me 
time.
  Mr. Chairman, the Florida Keys are a unique marine environment and 
include the only living coral reef barrier system in North America. So 
this is not something that is just about Florida, it is about America.
  In 1990, Congress recognized the importance of the Florida Keys and 
created the Florida Keys National Marine Sanctuary. A Water Quality 
Steering Committee created under the sanctuary's implementing act has 
identified inadequate waste water and storm water controls in Monroe 
County, Florida, as the largest source of man-made pollution into the 
waters of the Florida Keys.
  To make the necessary waste water improvements, the estimated cost to 
improve near shore water quality in the Florida Keys is between $184 
million and $418 million. To make the necessary storm water management 
improvements, the estimated cost is between $370 million and $680 
million. We are not going to bear the entire cost, even though this is 
a national resource. The State of Florida is obligated to come up with 
25 percent cost share.
  H.R. 673 authorizes the U.S. Environmental Protection Agency to 
provide grants to public agencies in Florida to replace inadequate 
waste water and treatment systems and to establish, replace, or improve 
storm water management systems in Monroe County, Florida.
  Let me say that I want to thank the stars of the Committee on 
Transportation and Infrastructure, and I am talking about our 
distinguished chairman, the gentleman from Pennsylvania (Mr. Shuster); 
the distinguished ranking member, the gentleman from Minnesota (Mr. 
Oberstar); and my colleague, the distinguished ranking member, the 
gentleman from Pennsylvania (Mr. Borski).
  I say they are ``stars'' because this committee, week after week, 
comes to the floor with meaningful legislation that builds our Nation's 
infrastructure and that protects our Nation's precious natural 
resources. We have a track record that is the envy of all other 
committees of this Congress and that is a tribute to our leadership, 
that is a tribute to the bipartisanship and the determination of our 
committee to work constructively and positively for responsible public 
policy that affects all Americans. I am privileged to be associated 
with the committee.
  Ms. ROS-LEHTINEN. Mr. Chairman, I join with over half of the Florida 
delegation to support H.R. 673, the Florida Keys Water Quality 
Improvements Act of 2000, that will provide $213 million to help 
preserve one of this nation's crown jewels.
  Within the Florida Keys lies the only living coral reef bed in the 
United States and the third largest in the world.
  The coral reef is also home to plants and animals unique to this area 
that make up a rare and sensitive ecosystem.
  The Keys are being threatened with disease and even death if the raw 
wastewater flowing through the porous limestone of the Key is not 
treated and cleaned up.
  Inadequate wastewater and stormwater infrastructure have caused the 
once pure waters to become polluted and dirty, threatening not only the 
viability of the living reef tract, but the plants and animals that are 
dependent upon it.
  Throughout the Keys, antiquated septic tanks leak and outdated sewage 
systems leak refuse into these waters, flowing directly through the 
permeable limestone.
  H.R. 673 authorizes a 75/25 split between federal grants and non-
federal monies to construct the necessary infrastructure.
  The communities of the Keys lack the tax base to provide an adequate 
solution without federal help, and even with passage of H.R. 673, 
residents will pay twice the national average in sewer bills.
  The chain of islands runs 150 miles and are home to 80,000 residents, 
but each year, they receive over two million visitors which adds more 
stress to the fragility of the ecosystem.
  The popularity of these islands has actually exacerbated the problems 
facing the Keys.
  I urge my colleagues to support this important legislation to ensure 
that one of our nation's gems is restored to its previous pristine 
condition.
  Mr. BORSKI. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time and urge adoption of the bill.
  Mr. SHUSTER. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                                H.R. 673

       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 ``Florida Keys Water Quality 
     Improvements Act of 2000''.

     SEC. 2. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

       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. 121. FLORIDA KEYS.

       ``(a) In General.--Subject to the requirements of this 
     section, the Administrator may make grants to the Florida 
     Keys Aqueduct Authority and other appropriate public agencies 
     of the State of Florida or Monroe County, Florida, for the 
     planning and construction of treatment works to improve water 
     quality in the Florida Keys National Marine Sanctuary.
       ``(b) Criteria for Projects.--In applying for a grant for a 
     project under subsection (a), an applicant shall demonstrate 
     that--
       ``(1) the applicant has completed adequate planning and 
     design activities for the project;

[[Page H2561]]

       ``(2) the applicant has completed a financial plan 
     identifying sources of non-Federal funding for the project;
       ``(3) the project complies with--
       ``(A) applicable growth management ordinances of Monroe 
     County, Florida;
       ``(B) applicable agreements between Monroe County, Florida, 
     and the State of Florida to manage growth in Monroe County, 
     Florida; and
       ``(C) applicable water quality standards; and
       ``(4) the project is consistent with the master wastewater 
     and stormwater plans for Monroe County, Florida.
       ``(c) Consideration.--In selecting projects to receive 
     grants under subsection (a), the Administrator shall consider 
     whether a project will have substantial water quality 
     benefits relative to other projects under consideration.
       ``(d) Consultation.--In carrying out this section, the 
     Administrator shall consult with--
       ``(1) the Water Quality Steering Committee established 
     under section 8(d)(2)(A) of the Florida Keys National Marine 
     Sanctuary and Protection Act (106 Stat. 5054);
       ``(2) the South Florida Ecosystem Restoration Task Force 
     established by section 528(f) of the Water Resources 
     Development Act of 1996 (110 Stat. 3771-3773);
       ``(3) the Commission on the Everglades established by 
     executive order of the Governor of the State of Florida; and
       ``(4) other appropriate State and local government 
     officials.
       ``(e) Non-Federal Share.--The non-Federal share of the cost 
     of a project carried out using amounts from grants made under 
     subsection (a) shall not be less than 25 percent.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       ``(1) $32,000,000 for fiscal year 2001;
       ``(2) $31,000,000 for fiscal year 2002; and
       ``(3) $50,000,000 for each of fiscal years 2003 through 
     2005.
     Such sums shall remain available until expended.''.

  The CHAIRMAN. During consideration of the bill for amendment, the 
Chair may accord priority in recognition to a Member offering an 
amendment that he has printed in the designated place in the 
Congressional Record. Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  Are there any amendments to the bill?


                    Amendment Offered by Mr. Deutsch

  Mr. DEUTSCH. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Deutsch:
       Page 2, line 13, strike ``and other appropriate'' and all 
     that follows through the end of line 14 and insert the 
     following:
     , appropriate agencies of municipalities of Monroe County, 
     Florida, and other appropriate public agencies of the State 
     of Florida or Monroe County

  Mr. DEUTSCH (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, will the gentleman yield?
  Mr. DEUTSCH. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Mr. Chairman, we support this amendment. It is a 
technical amendment. It makes a change to clarify the intent of the 
bill to ensure that appropriate public agencies in Monroe County are 
eligible to receive assistance. We support the gentleman's amendment.
  Mr. BORSKI. Mr. Chairman, will the gentleman yield?
  Mr. DEUTSCH. I yield to the gentleman from Pennsylvania.
  Mr. BORSKI. Mr. Chairman, we have reviewed this amendment and agree 
that it is a clarifying amendment, and will be happy to support the 
gentleman.
  Mr. DEUTSCH. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Deutsch).
  The amendment was agreed to.
  The CHAIRMAN. Are there other amendments?


                   Amendment Offered by Mr. Traficant

  Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Traficant:
       At the end of the bill, add the following new section:

     SEC. 3. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     Act (including any amendment made by this Act), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act (including any amendment 
     made by this Act), the head of each Federal agency shall 
     provide to each recipient of the assistance a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this Act shall report any expenditures on foreign-made 
     items to the Congress within 180 days of the expenditure.

  Mr. TRAFICANT (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  Mr. TRAFICANT. Mr. Chairman, the American taxpayer is going to pay to 
clean up the Keys. I would like to see that it be possible that 
American taxpayer dollars be spent to buy American goods and services.
  Mr. SHUSTER. Mr. Chairman, will the gentleman yield?
  Mr. TRAFICANT. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Mr. Chairman, I support the gentleman's amendment. It is 
a buy-America amendment, it is a good amendment, and I urge its 
adoption.
  Mr. BORSKI. Mr. Chairman, will the gentleman yield?
  Mr. TRAFICANT. I yield to the gentleman from Pennsylvania.
  Mr. BORSKI. Mr. Chairman, I want to say we would be happy to support 
this as well. The gentleman is a champion of American workers, and this 
is a good amendment.
  Mr. TRAFICANT. Mr. Chairman, reclaiming my time, I ask for an aye 
vote, and I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Traficant).
  The amendment was agreed to.
  The CHAIRMAN. Are there further amendments to the bill?
  If not, the question is on the committee amendment in the nature of a 
substitute, as amended.
  The commitment amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Wicker) having assumed the chair, Mr. Barrett of Nebraska, Chairman of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 673) 
to authorize the Administrator of the Environmental Protection Agency 
to make grants to the Florida Keys Aqueduct Authority and other 
appropriate agencies for the purpose of improving water quality 
throughout the marine ecosystem of the Florida Keys, pursuant to House 
Resolution 483, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SHUSTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to the rule, further proceedings on 
this question are postponed.




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