I
105TH CONGRESS
2D SESSION
H. R. 4047
To authorize the Administrator of the Environmental Protection Agency to
make grants to the Florida Keys Aqueduct Authority and other appro-
priate agencies for the purpose of improving water quality throughout
the marine ecosystem of the Florida Keys.
IN THE HOUSE OF REPRESENTATIVES
JUNE 11, 1998
Mr. DEUTSCH introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To authorize the Administrator of the Environmental Protec-
tion Agency to make grants to the Florida Keys Aque-
duct Authority and other appropriate agencies for the
purpose of improving water quality throughout the ma-
rine ecosystem of the Florida Keys.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 lo-
cated 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 compel-
ling national interest in the protection of these re-
sources, 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 Ad-
ministrator and the Governor of the State of Flor-
ida, 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 rec-
ommend priority corrective actions and compliance
schedules addressing point and nonpoint sources of
pollution to restore and maintain the chemical, phys-
ical, and biological integrity of the Sanctuary, in-
cluding 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 Ad-
ministrator of the Environmental Protection Agency
and a representative of the State of Florida to set
guidance and policy for the development and imple-
mentation of water quality improvement projects.
(6) Section 8(d)(2)(C) of such Act provided for
the establishment of a Technical Advisory Commit-
tee comprised of scientists from Federal agencies,
State agencies, academic institutions, private non-
profit 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 pro-
gram is to assign responsibilities for the implemen-
tation 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 man-
agement systems are the largest manmade sources
of pollution to the nearshore waters of the Florida
Key’s, representing the greatest threat to their na-
tionally significant marine resources.
(9) The United States Environmental Protec-
tion Agency, other Federal, State, and local agencies
and citizen stakeholders have identified wastewater
infrastructure improvements as the single most im-
portant investment to improve nearshore water qual-
ity 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 nec-
essary 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 sys-
tems are ultimately selected.
(11) The cost of stormwater improvements nec-
essary to reduce such pollutant loadings is estimated
at between $370,000,000 and $680,000,000, de-
pending 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 identi-
fied 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 author-
ize appropriations to supplement State and local ini-
tiatives 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 des-
ignated 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 waste-
water treatment systems and inadequate stormwater man-
agement systems in Monroe County, Florida. Funds au-
thorized 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 fund-
ing 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 sys-
tems; 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 ordi-
nances 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 Restora-
tion 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 es-
tablished by executive order of the Governor of
the State of Florida; and
(E) applicable water quality standards es-
tablished 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, on-
site disposal systems, mobile pumpout facilities, and
land-based pumpout facilities.
(2) 
STORMWATER
PROJECTS.—Stormwater
projects eligible for funding under this Act may in-
clude stormwater systems utilizing the best available
technology approved by the appropriate permitting
agency.
SEC. 6. COST-SHARE REQUIREMENT AND VIABILITY AS-
SESSMENT.
The Administrator may grant for a project author-
ized 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 com-
pliance with—
(i) the adopted master wastewater or
stormwater plans for Monroe County, Flor-
ida;
(ii) applicable growth management or-
dinances 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 qual-
ity 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 Admin-
istrator 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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.
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