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106TH CONGRESS

1ST SESSION 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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1999

Mr. DEUTSCH (for himself and Mr. SHAW) introduced the following bill; which

was referred to the Committee on Transportation and Infrastructure

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Florida Keys Water

5 Quality Improvements Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) The Florida Keys are a chain of islands lo2 cated adjacent to spectacular, unique, and nationally

3 significant marine environments, including North

4 America’s only living coral barrier reef ecosystem.

5 (2) Recognizing the national significance of the

6 Florida Keys marine environment and its linkage

7 with the greater South Florida ecosystem, Congress

8 passed the Florida Keys National Marine Sanctuary

9 and Protection Act (104 Stat. 3089–3095) designat10 ing the Florida Keys National Marine Sanctuary.

11 (3) Section 8(a)(1) of such Act directed the Ad12 ministrator and the Governor of the State of Flor13 ida, in consultation with the Secretary of Commerce,

14 to develop a comprehensive water quality protection

15 program for the Sanctuary.

16 (4) Section 8(a)(1)(A) of such Act states that

17 a purpose of such water quality program is to rec18 ommend priority corrective actions and compliance

19 schedules addressing point and nonpoint sources of

20 pollution to restore and maintain the chemical, phys21 ical, and biological integrity of the Sanctuary, in22 cluding restoration and maintenance of a balanced,

23 indigenous population of corals, shellfish, fish and

24 wildlife, and recreational activities in and on the

25 water.
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1 (5) Section 8(d)(2)(A) of such Act provided for

2 the establishment of the Water Quality Steering

3 Committee that is co-chaired by the Regional Ad4 ministrator of the Environmental Protection Agency

5 and a representative of the State of Florida to set

6 guidance and policy for the development and imple7 mentation of water quality improvement projects.

8 (6) Section 8(d)(2)(C) of such Act provided for

9 the establishment of a Technical Advisory Commit10 tee comprised of scientists from Federal agencies,

11 State agencies, academic institutions, private non12 profit organizations, and knowledgeable citizens to

13 advise the Water Quality Steering Committee.

14 (7) Section 8(a)(1)(B) of such Act states that

15 another purpose of the water quality protection pro16 gram is to assign responsibilities for the implemen17 tation of the program among the Governor of the

18 State of Florida, the Secretary of Commerce, and

19 the Administrator in accordance with applicable

20 Federal and State laws.

21 (8) Dilapidated and inadequate wastewater

22 treatment systems and inadequate stormwater man23 agement systems are the largest manmade sources

24 of pollution to the nearshore waters of the Florida
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1 Key’s, representing the greatest threat to their na2 tionally significant marine resources.

3 (9) The United States Environmental Protec4 tion Agency, other Federal, State, and local agencies

5 and citizen stakeholders have identified wastewater

6 infrastructure improvements as the single most im7 portant investment to improve nearshore water qual8 ity around the Florida Keys. Improvement of

9 stormwater management in the area of the Florida

10 keys is also needed to reduce pollutant loadings from

11 largely uncontrolled stormwater runoff from existing

12 development.

13 (10) The cost of wastewater improvements nec14 essary to improve nearshore water quality around

15 the Florida Keys is estimated at between

16 $184,000,000 and $418,000,000, depending on the

17 percentage reduction in wastewater nutrient loadings

18 to be achieved and which treatment system or sys19 tems are ultimately selected.

20 (11) The cost of stormwater improvements nec21 essary to reduce such pollutant loadings is estimated

22 at between $370,000,000 and $680,000,000, de23 pending on the percentage reduction in stormwater

24 pollutant loadings to be achieved and which areas

25 are selected to be retrofitted.
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1 (12) The cost of these necessary improvements

2 represent an insurmountable burden to the 85,000

3 permanent residents of Monroe County, Florida.

4 (13) It is necessary to change Federal law in

5 order to carry out the Federal responsibilities identi6 fied under section 8(a)(1)(B) of the Florida Keys

7 National Marine Sanctuary and Protection Act.

8 (14) It is therefore entirely consistent with the

9 goals and policies of such Act that Congress author10 ize appropriations to supplement State and local ini11 tiatives to improve water quality in the Florida Keys

12 marine environment.

13 SEC. 3. PURPOSE.

14 The purpose of this Act is to protect the resources

15 of the Florida Keys National Marine Sanctuary (as des16 ignated by section 5 of the Florida Keys National Marine

17 Sanctuary and Protection Act) by providing the Federal

18 share of funds for projects to replace inadequate waste19 water treatment systems and inadequate stormwater man20 agement systems in Monroe County, Florida. Funds au21 thorized by this Act are to supplement funds committed

22 by the State of Florida and Monroe County, Florida, for

23 planning and construction of wastewater and stormwater

24 projects.
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1 SEC. 4. NON-FEDERAL SPONSOR.

2 To carry out this Act, the Administrator shall make

3 grants to the Florida Keys Aqueduct Authority, or, in the

4 judgment of the Administrator, other appropriate agencies

5 of the State of Florida or Monroe County, Florida.

6 SEC. 5. AUTHORIZED PROJECTS.

7 (a) PROJECT CRITERIA.—Projects eligible for fund8 ing through grants under this Act are those that, in the

9 judgment of the Administrator—

10 (1)(A) replace inadequate wastewater treatment

11 systems in Monroe County, Florida, including

12 cesspits and other inadequate onsite disposal sys13 tems; or

14 (B) establish, replace, or improve stormwater

15 management systems in Monroe County, Florida;

16 (2) will improve water quality in the Florida

17 Keys National Marine Sanctuary; and

18 (3) are consistent with—

19 (A) applicable growth management ordi20 nances of Monroe County, Florida;

21 (B) applicable agreements between Monroe

22 County, Florida, and the State of Florida to

23 manage growth in Monroe County, Florida;

24 (C) the guidance, policies, and resolutions

25 of the Water Quality Steering Committee;
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1 (D) the South Florida Ecosystem Restora2 tion Task Force established by section 528(f) of

3 the Water Resources Development Act of 1996

4 (110 Stat. 3771–3773), and the Governors

5 Commission for a Sustainable South Florida es6 tablished by executive order of the Governor of

7 the State of Florida; and

8 (E) applicable water quality standards es9 tablished by the Environmental Protection

10 Agency.

11 (b) PROJECT DESIGNS.—

12 (1) WASTEWATER PROJECTS.—Wastewater

13 treatment projects eligible for funding under this

14 Act may include centralized treatment facilities, on15 site disposal systems, mobile pumpout facilities, and

16 land-based pumpout facilities.

17 (2) STORMWATER PROJECTS.—Stormwater

18 projects eligible for funding under this Act may in19 clude stormwater systems utilizing the best available

20 technology approved by the appropriate permitting

21 agency.

22 SEC. 6. COST-SHARE REQUIREMENT AND VIABILITY AS23 SESSMENT.

24 The Administrator may make a grant for a project

25 authorized under this Act only if—
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1 (1) no less than 25 percent of the total project

2 cost will be provided by non-Federal interests;

3 (2) the non-Federal sponsor has completed—

4 (A) adequate project planning and design

5 activities;

6 (B) a financial plan identifying sources of

7 non-Federal funding for the project; and

8 (C) a complete assessment of project com9 pliance with—

10 (i) the adopted master wastewater or

11 stormwater plans for Monroe County, Flor12 ida;

13 (ii) applicable growth management or14 dinances of Monroe County, Florida;

15 (iii) applicable Florida State laws,

16 regulations, and policies; and

17 (iv) applicable agreements between

18 Monroe County and the State of Florida to

19 manage growth in Monroe County; and

20 (3) the project will have substantial water qual21 ity benefits relative to other projects that are under

22 consideration.
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1 SEC. 7. CONSULTATION.

2 In the implementation of this Act, the Administrator

3 shall consult the Water Quality Steering Committee and

4 the appropriate State and local government officials.

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to the Admin7 istrator to carry out this Act $32,000,000 for the first

8 fiscal year beginning after the date of the enactment of

9 this Act, $31,000,000 for the second fiscal year beginning

10 after such date of enactment, and $50,000,000 per fiscal

11 year for each of the third, fourth, and fifth fiscal years

12 beginning after such date of enactment of this Act. Such

13 funds shall remain available until expended.

14 SEC. 9. DEFINITIONS.

15 In this Act, the following definitions apply:

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Environ18 mental Protection Agency.

19 (2) WATER QUALITY STEERING COMMITTEE.—

20 The term ‘‘Water Quality Steering Committee’’

21 means the water quality protection program Steering

22 Committee established under section 8(d)(2)(A) of

23 the Florida Keys National Marine Sanctuary and

24 Protection Act.

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