I 

113TH CONGRESS 

2D SESSION H. R. 5289 

To establish the Indian River Lagoon Nutrient Removal Assistance Grant 

Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Mr. MURPHY of Florida introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure, and in addition to 

the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the Indian River Lagoon Nutrient Removal 

Assistance Grant 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 ‘‘Indian River Lagoon 

5 Nutrient Removal Assistance Act of 2014’’. 

6 SEC. 2. INDIAN RIVER LAGOON NUTRIENT REMOVAL AS7 SISTANCE GRANT PROGRAM. 

8 (a) ESTABLISHMENT.—Not later than 1 year after 

9 the date of enactment of this Act, the Administrator of 


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1 the Environmental Protection Agency shall establish an 

2 Indian River Lagoon Nutrient Removal Assistance Grant 

3 Program (in this section referred to as the ‘‘Program’’) 

4 to assist projects related to the protection and restoration 

5 of the Indian River Lagoon in Florida. 

6 (b) GRANT AUTHORITY.—In carrying out the Pro7 gram, the Administrator may make a grant, on a competi8 tive basis, to any of the following: 

9 (1) A State government entity. 

10 (2) A local government entity. 

11 (3) A nonprofit organization. 

12 (4) The Indian River Lagoon Program. 

13 (c) APPLICATIONS.—To be eligible for a grant under 

14 the Program, an entity specified in subsection (b) shall 

15 submit to the Administrator an application with respect 

16 to a proposed project at such time, in such form, and con17 taining such information as the Administrator determines 

18 is appropriate, which shall include at least a description 

19 of the proposed project and the communities to be served 

20 by the proposed project. 

21 (d) SELECTION CRITERIA.—The Administrator shall 

22 issue regulations with respect to the criteria to be utilized 

23 to select projects for grants under the Program, which 

24 shall prioritize projects that— 


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1 (1) produce the greatest nutrient load reduc2 tions; 

3 (2) result in the greatest environmental benefits 

4 to the Indian River Lagoon; and 

5 (3) advance the goals and objectives of the com6 prehensive plan. 

7 (e) CONSULTATION.—In selecting projects for grants 

8 under the Program, the Administrator shall consult 

9 with— 

10 (1) the Indian River Lagoon Program; 

11 (2) the State of Florida and local governments 

12 in the Indian River Lagoon watershed; and 

13 (3) other relevant stakeholders involved with 

14 the protection and restoration of the Indian River 

15 Lagoon. 

16 (f) FEDERAL SHARE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Federal share of the cost of a project 

19 assisted with a grant under the Program shall be 75 

20 percent. 

21 (2) EXCEPTION.—At the request of a grant re22 cipient, the recipient may lower the Federal share of 

23 the cost for a project carried out by the recipient to 

24 an amount that is less than 75 percent. 


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1 (g) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) COMPREHENSIVE PLAN.—The term ‘‘com4 prehensive plan’’ means— 

5 (A) the conservation and management plan 

6 approved under section 320 of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1330) 

8 for the Indian River Lagoon; and 

9 (B) any amendments to that plan. 

10 (2) INDIAN RIVER LAGOON PROGRAM.—The 

11 term ‘‘Indian River Lagoon Program’’ means the In12 dian River Lagoon National Estuary Program con13 vened as the management conference under section 

14 320 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1330) for the Indian River Lagoon, and in16 cludes the Policy Board, Management Committee, 

17 Technical Advisory Committee, and Citizens Advi18 sory Committee of that Program. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.— 

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

21 appropriated to the Administrator to carry out the 

22 Program each fiscal year the amounts available in 

23 the Indian River Lagoon Nutrient Removal Assist24 ance Trust Fund established under section 9512 of 

25 the Internal Revenue Code of 1986. 


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1 (2) ADMINISTRATIVE EXPENSES.—The Admin2 istrator may not use more than 5 percent of the 

3 amounts made available to carry out the Program 

4 each fiscal year to pay administrative expenses in5 curred in carrying out the Program. 

6 (3) PROHIBITION.—No amounts made available 

7 to carry out the Program may be used for the ad8 ministrative expenses of a management conference 

9 convened under section 320 of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1330). 

11 (4) RULE OF CONSTRUCTION.—Nothing in this 

12 section may be construed to limit the eligibility of 

13 the Indian River Lagoon Program to receive funding 

14 under section 320(g) of the Federal Water Pollution 

15 Control Act (33 U.S.C. 1330(g)). 

16 SEC. 3. INCREASE IN CERTAIN CIVIL PENALTIES. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law and not later than 90 days after the date of 

19 enactment of this Act, the Administrator of the Environ20 mental Protection Agency shall issue regulations to in21 crease by 5 percent each civil penalty amount established 

22 for a violation of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1251 et seq.). 

24 (b) APPLICABILITY.—The regulations issued under 

25 subsection (a) shall only apply to violations of the Federal 


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1 Water Pollution Control Act (33 U.S.C. 1251 et seq.) oc2 curring after the date of enactment of this Act. 

3 SEC. 4. INDIAN RIVER LAGOON NUTRIENT REMOVAL AS4 SISTANCE TRUST FUND. 

5 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

6 Internal Revenue Code of 1986 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 9512. INDIAN RIVER LAGOON NUTRIENT REMOVAL 

9 ASSISTANCE TRUST FUND. 

10 ‘‘(a) CREATION OF TRUST FUND.—There is hereby 

11 established in the Treasury of the United States a trust 

12 fund to be known as the ‘Indian River Lagoon Nutrient 

13 Removal Assistance Trust Fund’, consisting of such 

14 amounts as may be appropriated or credited to such Trust 

15 Fund as provided in this section and section 9602(b). 

16 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here17 by appropriated to the Indian River Lagoon Nutrient Re18 moval Assistance Trust Fund such amounts as the Sec19 retary determines from time to time are equivalent to the 

20 increase in civil penalties under section 3(a) of the Indian 

21 River Lagoon Nutrient Removal Assistance Act of 2014 

22 for violations of the Federal Water Pollution Control Act. 

23 ‘‘(c) EXPENDITURES.—Amounts in the Indian River 

24 Lagoon Nutrient Removal Assistance Trust Fund shall be 

25 available as provided in appropriations Acts only for makVerDate Mar 15 2010 23:43 Aug 06, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5289.IH H5289

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1 ing expenditures to make grants under the Indian River 

2 Lagoon Nutrient Removal Assistance Grant Program 

3 under section 2(a) of the Indian River Lagoon Nutrient 

4 Removal Assistance Act of 2014.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for subchapter A of chapter 98 of such Code is amended 

7 by adding at the end the following new item: 

‘‘Sec. 9512. Indian River Lagoon Nutrient Removal Assistance Trust Fund.’’. 

Æ 


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