II 

117TH CONGRESS 

2D SESSION S. 3676 

To amend the Federal Water Pollution Control Act to reauthorize the South 

Florida Geographic Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2022 

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 reauthorize the South Florida Geographic 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 2022’’. 

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) SENIOR ADVISOR.—The term ‘Senior Advi9 sor’ means the Senior Advisor of the South Florida 

10 Program. 

11 ‘‘(3) SOUTH FLORIDA.—The term ‘South Flor12 ida’ means— 

13 ‘‘(A) all land and water within the admin14 istrative boundaries of the South Florida Water 

15 Management District and adjacent coastal 

16 waterbodies, including all coastal water land17 ward of Florida’s Coral Reef; and 

18 ‘‘(B) Florida’s Coral Reef and the associ19 ated patch reef, hard-bottom, and seagrass re20 sources. 

21 ‘‘(4) SOUTH FLORIDA ECOSYSTEM RESTORA22 TION TASK FORCE.—The term ‘South Florida Eco23 system Task Force’ means the South Florida Eco24 system Restoration Task Force established by sec25 tion 528(f)(1) of the Water Resources Development 

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


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1 ‘‘(5) SOUTH FLORIDA ECOSYSTEM RESTORA2 TION WORKING GROUP.—The term ‘South Florida 

3 Ecosystem Working Group’ means the working 

4 group established by the South Florida Ecosystem 

5 Task Force pursuant to section 528(f)(2)(D) of the 

6 Water Resources Development Act of 1996 (Public 

7 Law 104–303; 110 Stat 3771). 

8 ‘‘(6) SOUTH FLORIDA PROGRAM.—The term 

9 ‘South Florida Program’ means the South Florida 

10 Program established within the Water Division of 

11 the Region 4 Office of the Environmental Protection 

12 Agency. 

13 ‘‘(b) SOUTH FLORIDA ECOSYSTEM RESTORATION

14 WORKING GROUP.—The Senior Advisor shall serve as the 

15 representative of the Environmental Protection Agency on 

16 the South Florida Ecosystem Restoration Working Group. 

17 ‘‘(c) GRANT PROGRAM.— 

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

19 days after the date of enactment of the South Flor20 ida Ecosystem Enhancement Act of 2022, the Senior 

21 Advisor shall establish a grant program (referred to 

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

23 out projects to monitor, enhance, or restore water 

24 quality, wetlands, aquatic ecosystems, or marine 

25 habitat— 


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1 ‘‘(A) in South Florida; and 

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

3 the study area boundaries of— 

4 ‘‘(i) the Indian River Lagoon National 

5 Estuary Program authorized under section 

6 320; and 

7 ‘‘(ii) the Coastal and Heartland Na8 tional Estuary Partnership authorized 

9 under that section. 

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

11 receive a grant under the grant program is— 

12 ‘‘(A) a State agency; 

13 ‘‘(B) a unit of local government; 

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

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

16 and 

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

18 501(c)(3) of the Internal Revenue Code of 1986 

19 and exempt from taxation under section 501(c) 

20 of that Code. 

21 ‘‘(3) SELECTION.— 

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

23 seeking a grant under the grant program shall 

24 submit to the Senior Advisor an application at 


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1 such time, in such manner, and containing such 

2 information as the Senior Advisor may require. 

3 ‘‘(B) LIMITATIONS.— 

4 ‘‘(i) LOCATION OF PROJECTS.—Not 

5 more than 15 percent of the amounts 

6 made available to carry out this subsection 

7 for each fiscal year may be awarded for 

8 projects that would be carried out in loca9 tions described in paragraph (1)(B). 

10 ‘‘(ii) OTHER SOURCES OF FUNDING.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 subclause (II), in selecting recipients 

13 of grants under the grant program, 

14 the Senior Advisor may not award a 

15 grant to carry out a water infrastruc16 ture activity that has received assist17 ance— 

18 ‘‘(aa) from a State water 

19 pollution control revolving fund 

20 established under title VI; 

21 ‘‘(bb) from a State drinking 

22 water treatment revolving loan 

23 fund established under section 

24 1452 of the Safe Drinking Water 

25 Act (42 U.S.C. 300j–12); or 


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1 ‘‘(cc) pursuant to the Water 

2 Infrastructure Finance and Inno3 vation Act of 2014 (33 U.S.C. 

4 3901 et seq.). 

5 ‘‘(II) EXCEPTION.—The Senior 

6 Advisor may award a grant under the 

7 grant program to carry out a sepa8 rable component of a project described 

9 in subclause (I) if grant funds would 

10 be used to construct natural features 

11 and nature-based features (as those 

12 terms are defined in section 1184(a) 

13 of the Water Infrastructure Improve14 ments for the Nation Act (33 U.S.C. 

15 2289a(a))), or to conduct an eco16 system restoration project, that im17 proves habitat and other ecosystem 

18 functions. 

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

20 available to carry out this section each fiscal year, 

21 not less than 33 percent shall be used to carry out 

22 this subsection. 

23 ‘‘(d) SUPPORT FOR SOUTH FLORIDA ECOSYSTEM

24 RESTORATION SPECIAL PROJECTS AND ACTIVITIES.— 


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1 ‘‘(1) INTERAGENCY AGREEMENT.—The Senior 

2 Advisor shall, on an annual basis, develop and exe3 cute interagency agreements or cooperative agree4 ments with appropriate Federal, State, local, or 

5 Tribal agencies to provide funding for 1 or more 

6 special projects or activities within South Florida on 

7 the recommendation of the South Florida Ecosystem 

8 Restoration Task Force. 

9 ‘‘(2) COORDINATION.—The Senior Advisor shall 

10 coordinate with the Senior Advisor of the Office of 

11 Everglades Restoration Initiatives of the Depart12 ment of the Interior to annually solicit and receive 

13 a priority list of special projects or activities that en14 hance the capacity of Federal, State, local, or Tribal 

15 agencies participating in the South Florida Eco16 system Restoration Task Force, the South Florida 

17 Ecosystem Restoration Working Group, and the 

18 Science Coordination Group to fulfill the mandate 

19 under section 528 of the Water Resources Develop20 ment Act of 1996 (Public Law 104–303; 110 Stat. 

21 3767), title VI of the Water Resources Development 

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

23 and other applicable law to restore the South Flor24 ida ecosystem. 


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

2 available to carry out this section each fiscal year, 

3 not less than 50 percent shall be used to carry out 

4 this subsection. 

5 ‘‘(e) EDUCATION GRANTS.— 

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

7 days after the date of enactment of the South Flor8 ida Ecosystem Enhancement Act of 2022, the Senior 

9 Advisor shall establish an education grant program 

10 (referred to in this subsection as the ‘grant pro11 gram’) to support educational and environmental lit12 eracy efforts focused on regional bodies of water in 

13 South Florida. 

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

15 receive a grant under the grant program is an entity 

16 focused on public engagement, environmental lit17 eracy, or education efforts that is— 

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

19 entity, including a public school district; 

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

21 501(c)(3) of the Internal Revenue Code of 1986 

22 and exempt from taxation under section 501(c) 

23 of that Code; or 

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


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1 ‘‘(3) USE OF FUNDS.—Each fiscal year, the 

2 Senior Advisor shall award grants under the grant 

3 program for public engagement, environmental lit4 eracy, and education efforts with respect to any of 

5 the following: 

6 ‘‘(A) Biscayne Bay. 

7 ‘‘(B) Caloosahatchee River and Estuary. 

8 ‘‘(C) Charlotte Harbor. 

9 ‘‘(D) The Everglades. 

10 ‘‘(E) Everglades Headwaters. 

11 ‘‘(F) Florida Bay. 

12 ‘‘(G) Florida’s Coral Reef. 

13 ‘‘(H) Lake Okeechobee. 

14 ‘‘(I) Loxahatchee River and Lake Worth 

15 Lagoon. 

16 ‘‘(J) Indian River Lagoon. 

17 ‘‘(K) St. Lucie River and Estuary. 

18 ‘‘(4) SELECTION.— 

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

20 seeking a grant under the grant program shall 

21 submit to the Senior Advisor an application at 

22 such time, in such manner, and containing such 

23 information as the Senior Advisor may require. 

24 ‘‘(B) PRIORITY CONSIDERATION.—In se25 lecting entities to be awarded grants under the 


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1 grant program, the Senior Advisor shall give 

2 priority to applications that seek to fund field 

3 trips for socially disadvantaged students in pub4 lic elementary schools and public secondary 

5 schools to access publicly protected lands and 

6 natural resources. 

7 ‘‘(5) COST-SHARE.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Federal share of a project car10 ried out using a grant under the grant program 

11 may not exceed 50 percent of the total cost of 

12 the project. 

13 ‘‘(B) WAIVER.—The Senior Advisor may 

14 waive the Federal share requirement under sub15 paragraph (A) for projects carried out to sup16 port efforts described in paragraph (4)(B). 

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

18 available to carry out this section each fiscal year, 

19 the Senior Advisor may use not more than 1 percent 

20 to carry out this subsection. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

24 each of fiscal years 2022 through 2026 to carry out 

25 this section. 


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

2 made available to carry out this section under para3 graph (1) each fiscal year, the Senior Advisor may 

4 use not more than 2 percent for administrative 

5 costs.’’. 

Æ 


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