II 

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. 

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 ‘‘South Florida Eco5 system Enhancement Act of 2023’’. 

6 SEC. 2. SOUTH FLORIDA PROGRAM. 

7 Title I of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

9 the following: 


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1 ‘‘SEC. 125. SOUTH FLORIDA. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) SCIENCE COORDINATION GROUP.—The 

4 term ‘Science Coordination Group’ means the South 

5 Florida Ecosystem Restoration Science Coordination 

6 Group established to support the South Florida Eco7 system Restoration Task Force. 

8 ‘‘(2) SOUTH FLORIDA.—The term ‘South Flor9 ida’ means— 

10 ‘‘(A) all land and water within the admin11 istrative boundaries of the South Florida Water 

12 Management District and contiguous near-shore 

13 coastal waters, including the Florida Keys; and 

14 ‘‘(B) Florida’s Coral Reef and the associ15 ated patch reef, hard-bottom, and seagrass re16 sources. 

17 ‘‘(3) SOUTH FLORIDA ECOSYSTEM RESTORA18 TION TASK FORCE.—The term ‘South Florida Eco19 system Task Force’ means the South Florida Eco20 system Restoration Task Force established by sec21 tion 528(f)(1) of the Water Resources Development 

22 Act of 1996 (Public Law 104–303; 110 Stat. 3771). 

23 ‘‘(4) SOUTH FLORIDA ECOSYSTEM RESTORA24 TION WORKING GROUP.—The term ‘South Florida 

25 Ecosystem Restoration Working Group’ means the 

26 working group established by the South Florida EcoVerDate Sep 11 2014 06:45 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S119.IS S119

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1 system Task Force pursuant to section 528(f)(2)(D) 

2 of the Water Resources Development Act of 1996 

3 (Public Law 104–303; 110 Stat 3771). 

4 ‘‘(5) SOUTH FLORIDA PROGRAM.—The term 

5 ‘South Florida Program’ means the South Florida 

6 Program established under subsection (b)(1). 

7 ‘‘(b) SOUTH FLORIDA PROGRAM.— 

8 ‘‘(1) ESTABLISHMENT.—The Administrator 

9 shall establish within the Water Division of the Re10 gion 4 Office of the Environmental Protection Agen11 cy the South Florida Program. 

12 ‘‘(2) DUTIES.—In carrying out the South Flor13 ida Program, the Administrator shall— 

14 ‘‘(A) assess trends in water quality, includ15 ing trends that affect uses of water in South 

16 Florida; 

17 ‘‘(B) collect, characterize, and assess data 

18 to identify existing or potential water quality 

19 problems and the causes of those problems; and 

20 ‘‘(C) provide grants in accordance with 

21 subsections (d) and (f). 

22 ‘‘(3) DESIGNATION.—The Administrator shall 

23 designate an individual in the Water Division of the 

24 Region 4 Office of the Environmental Protection 


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1 Agency to carry out the day-to-day operations of the 

2 South Florida Program. 

3 ‘‘(c) SOUTH FLORIDA ECOSYSTEM RESTORATION

4 WORKING GROUP.—The individual designated by the Ad5 ministrator under subsection (b)(3) shall serve as the rep6 resentative of the Environmental Protection Agency on the 

7 South Florida Ecosystem Restoration Working Group. 

8 ‘‘(d) GRANT PROGRAM.— 

9 ‘‘(1) ESTABLISHMENT.—Not later than 180 

10 days after the date of enactment of the South Flor11 ida Ecosystem Enhancement Act of 2023, the Ad12 ministrator shall establish a grant program (referred 

13 to in this subsection as the ‘grant program’) to carry 

14 out projects to monitor, enhance, protect, preserve, 

15 or restore water quality, wetlands, aquatic eco16 systems, or marine habitat— 

17 ‘‘(A) in South Florida; and 

18 ‘‘(B) outside of South Florida but within 

19 the study area boundaries of— 

20 ‘‘(i) the Indian River Lagoon National 

21 Estuary Program authorized under section 

22 320; and 

23 ‘‘(ii) the Coastal and Heartland Na24 tional Estuary Partnership authorized 

25 under that section. 


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1 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 

2 receive a grant under the grant program is— 

3 ‘‘(A) a State agency; 

4 ‘‘(B) a unit of local government; 

5 ‘‘(C) an institution of higher education; 

6 ‘‘(D) a federally recognized Indian Tribe; 

7 and 

8 ‘‘(E) an entity that is described in section 

9 501(c)(3) of the Internal Revenue Code of 1986 

10 and exempt from taxation under section 501(c) 

11 of that Code. 

12 ‘‘(3) SELECTION.— 

13 ‘‘(A) APPLICATION.—An eligible entity 

14 seeking a grant under the grant program shall 

15 submit to the Administrator an application at 

16 such time, in such manner, and containing such 

17 information as the Administrator may require. 

18 ‘‘(B) LIMITATIONS.— 

19 ‘‘(i) LOCATION OF PROJECTS.—Not 

20 more than 15 percent of the amounts 

21 made available to carry out this subsection 

22 for each fiscal year may be awarded for 

23 projects that would be carried out in loca24 tions described in paragraph (1)(B). 

25 ‘‘(ii) OTHER SOURCES OF FUNDING.— 


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1 ‘‘(I) IN GENERAL.—Subject to 

2 subclause (II), in selecting recipients 

3 of grants under the grant program, 

4 the Administrator may not award a 

5 grant to carry out a water infrastruc6 ture activity that has received assist7 ance— 

8 ‘‘(aa) from a State water 

9 pollution control revolving fund 

10 established under title VI; 

11 ‘‘(bb) from a State drinking 

12 water treatment revolving loan 

13 fund established under section 

14 1452 of the Safe Drinking Water 

15 Act (42 U.S.C. 300j–12); or 

16 ‘‘(cc) pursuant to the Water 

17 Infrastructure Finance and Inno18 vation Act of 2014 (33 U.S.C. 

19 3901 et seq.). 

20 ‘‘(II) EXCEPTION.—The Admin21 istrator may award a grant under the 

22 grant program to carry out a sepa23 rable component of a project described 

24 in subclause (I) if grant funds would 

25 be used to construct natural features 


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1 and nature-based features (as those 

2 terms are defined in section 1184(a) 

3 of the Water Infrastructure Improve4 ments for the Nation Act (33 U.S.C. 

5 2289a(a))), or to conduct an eco6 system restoration project, that im7 proves habitat and other ecosystem 

8 functions. 

9 ‘‘(4) ALLOCATION.—Of the amounts made 

10 available to carry out this section each fiscal year, 

11 to the extent there are sufficient high-quality project 

12 applications, not less than 33 percent shall be used 

13 to carry out this subsection. 

14 ‘‘(e) SUPPORT FOR SOUTH FLORIDA ECOSYSTEM

15 RESTORATION SPECIAL PROJECTS AND ACTIVITIES.— 

16 ‘‘(1) INTERAGENCY AGREEMENT.—The Admin17 istrator shall, on an annual basis, develop and exe18 cute interagency agreements or cooperative agree19 ments with appropriate Federal, State, local, or 

20 Tribal agencies to provide funding for 1 or more 

21 special projects or activities within South Florida on 

22 the recommendation of the South Florida Ecosystem 

23 Restoration Task Force. 

24 ‘‘(2) COORDINATION.—The Administrator shall 

25 coordinate with the Administrator of the Office of 


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1 Everglades Restoration Initiatives of the Depart2 ment of the Interior to annually solicit and receive 

3 a priority list of special projects or activities that en4 hance the capacity of Federal, State, local, or Tribal 

5 agencies participating in the South Florida Eco6 system Restoration Task Force, the South Florida 

7 Ecosystem Restoration Working Group, and the 

8 Science Coordination Group to fulfill the mandate 

9 under section 528 of the Water Resources Develop10 ment Act of 1996 (Public Law 104–303; 110 Stat. 

11 3767), title VI of the Water Resources Development 

12 Act of 2000 (Public Law 106–541; 114 Stat. 2680), 

13 and other applicable law to restore the South Flor14 ida ecosystem. 

15 ‘‘(3) ALLOCATION.—Of the amounts made 

16 available to carry out this section each fiscal year, 

17 to the extent there are sufficient high-quality project 

18 applications, not less than 50 percent shall be used 

19 to carry out this subsection. 

20 ‘‘(f) EDUCATION GRANTS.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 180 

22 days after the date of enactment of the South Flor23 ida Ecosystem Enhancement Act of 2022, the Ad24 ministrator shall establish an education grant pro25 gram (referred to in this subsection as the ‘grant 


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1 program’) to support educational and environmental 

2 literacy efforts focused on regional bodies of water 

3 in South Florida. 

4 ‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 

5 receive a grant under the grant program is an entity 

6 focused on public engagement, environmental lit7 eracy, or education efforts that is— 

8 ‘‘(A) a State, local, or Tribal government 

9 entity, including a public school district and a 

10 Tribal school; 

11 ‘‘(B) an entity that is described in section 

12 501(c)(3) of the Internal Revenue Code of 1986 

13 and exempt from taxation under section 501(c) 

14 of that Code; or 

15 ‘‘(C) an institution of higher education. 

16 ‘‘(3) USE OF FUNDS.—Each fiscal year, the Ad17 ministrator shall award grants under the education 

18 grant program for public engagement, environmental 

19 literacy, and education efforts with respect to any of 

20 the following: 

21 ‘‘(A) Biscayne Bay. 

22 ‘‘(B) Caloosahatchee River and Estuary. 

23 ‘‘(C) Charlotte Harbor. 

24 ‘‘(D) The Everglades. 

25 ‘‘(E) Everglades Headwaters. 


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1 ‘‘(F) Florida Bay. 

2 ‘‘(G) Florida’s Coral Reef. 

3 ‘‘(H) Lake Okeechobee. 

4 ‘‘(I) Loxahatchee River and Lake Worth 

5 Lagoon. 

6 ‘‘(J) Indian River Lagoon. 

7 ‘‘(K) St. Lucie River and Estuary. 

8 ‘‘(4) SELECTION.— 

9 ‘‘(A) APPLICATION.—An eligible entity 

10 seeking a grant under the grant program shall 

11 submit to the Administrator an application at 

12 such time, in such manner, and containing such 

13 information as the Administrator may require. 

14 ‘‘(B) PRIORITY CONSIDERATION.—In se15 lecting entities to be awarded grants under the 

16 grant program, the Administrator shall give pri17 ority to applications that seek to fund field 

18 trips for socially disadvantaged students in pub19 lic elementary schools, public secondary schools, 

20 and Tribal schools to access publicly protected 

21 lands and natural resources. 

22 ‘‘(5) COST-SHARE.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Federal share of a project car25 ried out using a grant under the grant program 


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1 may not exceed 50 percent of the total cost of 

2 the project. 

3 ‘‘(B) WAIVER.—The Administrator may 

4 waive the Federal share requirement under sub5 paragraph (A) for projects carried out to sup6 port efforts described in paragraph (4)(B). 

7 ‘‘(6) ALLOCATION.—Of the amounts made 

8 available to carry out this section each fiscal year, 

9 to the extent there are sufficient high-quality project 

10 applications, the Administrator may use not more 

11 than 1 percent to carry out this subsection. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

13 ‘‘(1) IN GENERAL.—There is authorized to be 

14 appropriated to the Administrator $50,000,000 for 

15 each of fiscal years 2024 through 2028 to carry out 

16 this section. 

17 ‘‘(2) ADMINISTRATIVE COSTS.—Of the amounts 

18 made available to carry out this section under para19 graph (1) each fiscal year, the Administrator may 

20 use not more than 4 percent for administrative 

21 costs.’’. 

Æ 


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