Florida Keys Water Quality Improvements Act of 1998

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Florida Keys Water Quality 
Improvements Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Florida Keys are a chain of islands located 
        adjacent to spectacular, unique, and nationally significant 
        marine environments, including North America's only living 
        coral barrier reef ecosystem.
            (2) Recognizing the national significance of the Florida 
        Keys marine environment and the compelling national interest in 
        the protection of these resources, Congress passed the Florida 
        Keys National Marine Sanctuary and Protection Act (104 Stat. 
        3089-3095) designating the Florida Keys National Marine 
        Sanctuary.
            (3) Section 8(a)(1) of such Act directed the Administrator 
        and the Governor of the State of Florida, in consultation with 
        the Secretary of Commerce, to develop a comprehensive water 
        quality protection program for the Sanctuary.
            (4) Section 8(a)(1)(A) of such Act states that a purpose of 
        such water quality program is to recommend priority corrective 
        actions and compliance schedules addressing point and nonpoint 
        sources of pollution to restore and maintain the chemical, 
        physical, and biological integrity of the Sanctuary, including 
        restoration and maintenance of a balanced, indigenous 
        population of corals, shellfish, fish and wildlife, and 
        recreational activities in and on the water.
            (5) Section 8(d)(2)(A) of such Act provided for the 
        establishment of the Water Quality Steering Committee that is 
        co-chaired by the Regional Administrator of the Environmental 
        Protection Agency and a representative of the State of Florida 
        to set guidance and policy for the development and 
        implementation of water quality improvement projects.
            (6) Section 8(d)(2)(C) of such Act provided for the 
        establishment of a Technical Advisory Committee comprised of 
        scientists from Federal agencies, State agencies, academic 
        institutions, private nonprofit organizations, and 
        knowledgeable citizens to advise the Water Quality Steering 
        Committee.
            (7) Section 8(a)(1)(B) of such Act states that another 
        purpose of the water quality protection program is to assign 
        responsibilities for the implementation of the program among 
        the Governor of the State of Florida, the Secretary of 
        Commerce, and the Administrator in accordance with applicable 
        Federal and State laws.
            (8) Dilapidated and inadequate wastewater treatment systems 
        and inadequate stormwater management systems are the largest 
        manmade sources of pollution to the nearshore waters of the 
        Florida Key's, representing the greatest threat to their 
        nationally significant marine resources.
            (9) The United States Environmental Protection Agency, 
        other Federal, State, and local agencies and citizen 
        stakeholders have identified wastewater infrastructure 
        improvements as the single most important investment to improve 
        nearshore water quality around the Florida Keys. Improvement of 
        stormwater management in the area of the Florida keys is also 
        needed to reduce pollutant loadings from largely uncontrolled 
        stormwater runoff from existing development.
            (10) The cost of wastewater improvements necessary to 
        improve nearshore water quality around the Florida Keys is 
        estimated at between $184,000,000 and $418,000,000, depending 
        on the percentage reduction in wastewater nutrient loadings to 
        be achieved and which treatment system or systems are 
        ultimately selected.
            (11) The cost of stormwater improvements necessary to 
        reduce such pollutant loadings is estimated at between 
        $370,000,000 and $680,000,000, depending on the percentage 
        reduction in stormwater pollutant loadings to be achieved and 
which areas are selected to be retrofitted.
            (12) The cost of these necessary improvements represent an 
        insurmountable burden to the 85,000 permanent residents of 
        Monroe County, Florida.
            (13) It is necessary to change Federal law in order to 
        carry out the Federal responsibilities identified under section 
        8(a)(1)(B) of the Florida Keys National Marine Sanctuary and 
        Protection Act.
            (14) It is therefore entirely consistent with the goals and 
        policies of such Act that Congress authorize appropriations to 
        supplement State and local initiatives to improve water quality 
        in the Florida Keys marine environment.

SEC. 3. PURPOSE.

    The purpose of this Act is to protect the resources of the Florida 
Keys National Marine Sanctuary (as designated by section 5 of the 
Florida Keys National Marine Sanctuary and Protection Act) by providing 
the Federal share of funds for projects to replace inadequate 
wastewater treatment systems and inadequate stormwater management 
systems in Monroe County, Florida. Funds authorized by this Act are to 
supplement funds committed by the State of Florida and Monroe County, 
Florida, for planning and construction of wastewater and stormwater 
projects.

SEC. 4. NON-FEDERAL SPONSOR.

    To carry out this Act, the Administrator shall make grants to the 
Florida Keys Aqueduct Authority, or, in the judgment of the 
Administrator, other appropriate agencies of the State of Florida or 
Monroe County, Florida.

SEC. 5. AUTHORIZED PROJECTS.

    (a) Project Criteria.--Projects eligible for funding through grants 
under this Act are those that, in the judgment of the Administrator--
            (1)(A) replace inadequate wastewater treatment systems in 
        Monroe County, Florida, including cesspits and other inadequate 
        onsite disposal systems; or
            (B) establish, replace, or improve stormwater management 
        systems in Monroe County, Florida;
            (2) will improve water quality in the Florida Keys National 
        Marine Sanctuary; and
            (3) are consistent 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;
                    (C) the guidance, policies, and resolutions of the 
                Water Quality Steering Committee;
                    (D) the South Florida Ecosystem Restoration Task 
                Force established by section 528(f) of the Water 
                Resources Development Act of 1996 (110 Stat. 3771-
                3773), and the Governors Commission for a Sustainable 
                South Florida established by executive order of the 
                Governor of the State of Florida; and
                    (E) applicable water quality standards established 
                by the Environmental Protection Agency.
    (b) Project Designs.--
            (1) Wastewater projects.--Wastewater treatment projects 
        eligible for funding under this Act may include centralized 
        treatment facilities, onsite disposal systems, mobile pumpout 
        facilities, and land-based pumpout facilities.
            (2) Stormwater projects.--Stormwater projects eligible for 
        funding under this Act may include stormwater systems utilizing 
        the best available technology approved by the appropriate 
        permitting agency.

SEC. 6. COST-SHARE REQUIREMENT AND VIABILITY ASSESSMENT.

    The Administrator may grant for a project authorized under this Act 
only if--
            (1) no less than 25 percent of the total project cost will 
        be provided by non-Federal interests;
            (2) the non-Federal sponsor has completed--
                    (A) adequate project planning and design 
                activities;
                    (B) a financial plan identifying sources of non-
                Federal funding for the project; and
                    (C) a complete assessment of project compliance 
                with--
                            (i) the adopted master wastewater or 
                        stormwater plans for Monroe County, Florida;
                            (ii) applicable growth management 
                        ordinances of Monroe County, Florida;
                            (iii) applicable Florida State laws, 
                        regulations, and policies; and
                            (iv) applicable agreements between Monroe 
                        County and the State of Florida to manage 
                        growth in Monroe County; and
            (3) the project will have substantial water quality 
        benefits relative to other projects that are under 
        consideration.

SEC. 7. CONSULTATION.

    In the implementation of this Act, the Administrator shall consult 
the Water Quality Steering Committee and the appropriate State and 
local government officials.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator to 
carry out this Act $32,000,000 for the first fiscal year beginning 
after the date of the enactment of this Act, $31,000,000 for the second 
fiscal year beginning after such date of enactment, and $50,000,000 per 
fiscal year for each of the third, fourth, and fifth fiscal years 
beginning after such date of enactment of this Act. Such funds shall 
remain available until expended.

SEC. 9. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Water quality steering committee.--The term ``Water 
        Quality Steering Committee'' means the water quality protection 
        program Steering Committee established under section 8(d)(2)(A) 
        of the Florida Keys National Marine Sanctuary and Protection 
        Act.

Summary: Florida Keys Water Quality Improvements Act of 1998 - Directs the Administrator of the Environmental Protection Agency to make grants to the Florida Keys Aqueduct Authority or other appropriate agencies of the State of Florida or Monroe County, Florida. Makes eligible for such grants projects to: (1) replace inadequate wastewater treatment systems in the County. (2) establish, replace, or improve stormwater management systems in the County. Or (3) improve water quality in the Florida Keys National Marine Sanctuary. Requires such grants to be consistent with specified growth management ordinances and agreements, policies of the Water Quality Steering Committee, and Federal water quality standards. Sets forth conditions on grants, including non-Federal cost share and planning and assessment requirements. Authorizes appropriations.