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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-592

======================================================================



 
          FLORIDA KEYS WATER QUALITY IMPROVEMENTS ACT OF 2000

                                _______
                                

  May 2, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 673]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Florida Keys Water Quality 
Improvements Act of 2000''.

SEC. 2. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

  Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) is amended by adding at the end the following:

``SEC. 121. FLORIDA KEYS.

  ``(a) In General.--Subject to the requirements of this section, the 
Administrator may make grants to the Florida Keys Aqueduct Authority 
and other appropriate public agencies of the State of Florida or Monroe 
County, Florida, for the planning and construction of treatment works 
to improve water quality in the Florida Keys National Marine Sanctuary.
  ``(b) Criteria for Projects.--In applying for a grant for a project 
under subsection (a), an applicant shall demonstrate that--
          ``(1) the applicant has completed adequate planning and 
        design activities for the project;
          ``(2) the applicant has completed a financial plan 
        identifying sources of non-Federal funding for the project;
          ``(3) the project complies with--
                  ``(A) applicable growth management ordinances of 
                Monroe County, Florida;
                  ``(B) applicable agreements between Monroe County, 
                Florida, and the State of Florida to manage growth in 
                Monroe County, Florida; and
                  ``(C) applicable water quality standards; and
          ``(4) the project is consistent with the master wastewater 
        and stormwater plans for Monroe County, Florida.
  ``(c) Consideration.--In selecting projects to receive grants under 
subsection (a), the Administrator shall consider whether a project will 
have substantial water quality benefits relative to other projects 
under consideration.
  ``(d) Consultation.--In carrying out this section, the Administrator 
shall consult with--
          ``(1) the Water Quality Steering Committee established under 
        section 8(d)(2)(A) of the Florida Keys National Marine 
        Sanctuary and Protection Act (106 Stat. 5054);
          ``(2) the South Florida Ecosystem Restoration Task Force 
        established by section 528(f) of the Water Resources 
        Development Act of 1996 (110 Stat. 3771-3773);
          ``(3) the Commission on the Everglades established by 
        executive order of the Governor of the State of Florida; and
          ``(4) other appropriate State and local government officials.
  ``(e) Non-Federal Share.--The non-Federal share of the cost of a 
project carried out using amounts from grants made under subsection (a) 
shall not be less than 25 percent.
  ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section--
          ``(1) $32,000,000 for fiscal year 2001;
          ``(2) $31,000,000 for fiscal year 2002; and
          ``(3) $50,000,000 for each of fiscal years 2003 through 2005.
Such sums shall remain available until expended.''.

                          Purpose and Summary

    The purpose of H.R. 673 is to improve water quality in the 
Florida Keys by authorizing grants for wastewater and 
stormwater management projects.

                  Background and Need for Legislation

    The Florida Keys are a unique marine environment dependent 
on clear water with low nutrient levels, and include the only 
living coral reef barrier ecosystem in North America. The Keys 
are a chain of approximately 800 independent islands off the 
coast of southeastern Florida that provide significant 
commercial and recreational opportunities. As population 
growth, development and tourism have increased, the waters 
surrounding the Keys have begun experiencing significant water 
quality problems, largely caused by elevated nutrient levels.
    In 1990, Congress passed the ``Florida Keys National Marine 
Sanctuary and Protection Act'' (104 Stat. 3089) creating the 
2,800-nautical-square-mile Florida Keys National Marine 
Sanctuary, which is the second largest in the U.S. This Act, as 
amended, directed the Environmental Protection Agency (EPA) and 
the State of Florida to establish a Water Quality Steering 
Committee for the Florida Keys Sanctuary, and directed the 
Committee to develop a comprehensive water quality protection 
program for the Keys. In fulfilling this directive, the 
Steering Committee identified inadequate wastewater treatment 
and stormwater management systems as the largest manmade 
sources of pollution in the nearshore waters of the Florida 
Keys threatening the ecosystem's health and viability.
    The costs to make the necessary wastewater and stormwater 
improvements represent an enormous burden to the 85,000 
permanent residents of Monroe County, Florida. The estimated 
cost for the necessary wastewater improvements to improve 
nearshore water quality in the Florida Keys is between $184 
million and $418 million, and the estimated cost for the 
necessary stormwater management improvements is between $370 
million and $680 million.

      Discussion of Committee Bill and Section-by-Section Analysis


Section 1. Short title

    This bill may be cited as the ``Florida Keys Water Quality 
Improvements Act of 2000.''

Section 2. Florida Keys

    This section amends title I of the Federal Water Pollution 
Control Act (commonly known as the Clean Water Act) by creating 
a new Section 121. This section authorizes the Administrator of 
the EPA to make grants to the Florida Keys Aqueduct Authority 
and other appropriate public agencies of the State of Florida 
or within Monroe County, Florida for the planning and 
construction of treatment works to improve water quality in the 
Florida Keys National Marine Sanctuary.
    The Committee recognizes that a number of communities in 
Monroe County, Florida, have recently incorporated and several 
other communities are currently considering incorporation. 
Accordingly, appropriate public agencies of all presently 
incorporated communities within Monroe County and those that 
may incorporate in the future shall be considered to be 
appropriate public agencies and eligible for funding under 
section 121(a).
    To receive a grant, project applicants must demonstrate 
that they have completed adequate planning and design 
activities for a project as well as a financial plan 
identifying sources of non-federal funding. Applicants must 
also demonstrate that a project complies with applicable growth 
management ordinances of Monroe County, Florida, applicable 
agreements between Monroe County, Florida, and the State of 
Florida to manage growth in Monroe County, Florida, and 
applicable water quality standards. Finally, a project must be 
consistent with the master wastewater and stormwater plans for 
Monroe County, Florida.
    In selecting projects to receive grant assistance, the 
Administrator shall consider whether a project will have 
substantial water quality benefits relative to other projects 
under consideration. The Administrator also shall consult with 
the following entities: the Water Quality Steering Committee 
established under section 8(d)(2)(A) of the Florida Keys 
National Marine Sanctuary and Protection Act, as amended (106 
Stat. 5054); the South Florida Ecosystem Restoration Task Force 
established by section 528(f) of the Water Resources 
Development Act of 1996 (110 Stat. 3771-3773); the Commission 
on the Everglades established by executive order of the 
Governor of the State of Florida; and, other appropriate state 
and local government officials.
    The non-federal cost-share for projects carried out under 
this bill shall not be less than 25 percent.
    Finally, this bill authorizes the following amounts to be 
appropriated to the Administrator and to remain available until 
expended: $32 million for fiscal year 2001, $31 million for 
fiscal year 2002, and $50 million for each of fiscal years 2003 
through 2005.

                                Hearings

    On July 13, 1999, the Water Resources and Environment 
Subcommittee held a hearing on H.R. 673 and several other 
coastal and estuary bills. Testimony was given by, among 
others, Representative Deutsch (FL), Representative Ros-
Lehtinen (FL), and Representative Shaw (FL). In addition, 
testimony was given by Mr. Michael Davis of the U.S. Army Corps 
of Engineers, Ms. Dana Minerva of the EPA, and Ms. Sally Yozell 
ofthe National Oceanic and Atmospheric Administration, as well 
as representatives of coastal states and several environmental 
organizations.

                        Committee Consideration

    On April 5, 2000 the Subcommittee on Water Resources and 
Environment adopted an amendment in the nature of a substitute 
and favorably reported the amended bill by voice vote. The 
amendment made technical changes and redrafted the bill as an 
amendment to the Clean Water Act, rather than as a free-
standing provision.
    On April 11, 2000, the Committee on Transportation and 
Infrastructure adopted H.R. 673, as amended by the 
Subcommittee, and ordered the bill reported to the House by 
voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no recorded votes taken in connection with ordering 
H.R. 673 reported.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 673.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 673 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 18, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 673, the Florida 
Keys Water Quality Improvements Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs), and Victoria Heid Hall (for the 
state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 673--Florida Keys Water Quality Improvements Act of 2000

    Summary: H.R. 673 would authorize appropriations of $213 
million over the 2001-2005 period for a new grant program for 
projects in the Florida Keys. Under this bill, the 
Environmental Protection Agency (EPA) would provide grants to 
the Florida Keys Aqueduct Authority and other public agencies 
for projects associated with improving the water quality in the 
Florida Keys National Marine Sanctuary. CBO estimates that 
implementing this legislation would cost $93 million over the 
next five years, assuming appropriation of the authorized 
amounts.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 673 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: For purposes of 
this estimate, CBO assumes that the amounts authorized will be 
appropriated for each fiscal year and that outlays will occur 
at rates similar to those for EPA activities associated with 
water quality improvement programs. The estimated budgetary 
impact of H.R. 673 is shown in the following table. The costs 
of this legislation fall within budget function 300 (natural 
resources and the environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year in millions of dollars--
                                                          ------------------------------------------------------
                                                              2001       2002       2003       2004       2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level......................................         32         31         50         50         50
Estimated outlays........................................          2          6         17         29         39
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go-considerations: None.
    Intergovernmental and private-sector impact: H.R. 673 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Implementing this bill would benefit the 
state of Florida and some local governments by authorizing 
federal grants to improve water quality in the Florida Keys 
National Marine Sanctuary. Any costs to match federal grant 
funds would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Victoria Heid 
Hall. Impact on the Private Sector: Jean Wooster.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

         SECTION 121 OF THE FEDERAL WATER POLLUTION CONTROL ACT


SEC. 121. FLORIDA KEYS.

  (a) In General.--Subject to the requirements of this section, 
the Administrator may make grants to the Florida Keys Aqueduct 
Authority and other appropriate public agencies of the State of 
Florida or Monroe County, Florida, for the planning and 
construction of treatment works to improve water quality in the 
Florida Keys National Marine Sanctuary.
  (b) Criteria for Projects.--In applying for a grant for a 
project under subsection (a), an applicant shall demonstrate 
that--
          (1) the applicant has completed adequate planning and 
        design activities for the project;
          (2) the applicant has completed a financial plan 
        identifying sources of non-Federal funding for the 
        project;
          (3) the project complies with--
                  (A) applicable growth management ordinances 
                of Monroe County, Florida;
                  (B) applicable agreements between Monroe 
                County, Florida, and the State of Florida to 
                manage growth in Monroe County, Florida; and
                  (C) applicable water quality standards; and
          (4) the project is consistent with the master 
        wastewater and stormwater plans for Monroe County, 
        Florida.
  (c) Consideration.--In selecting projects to receive grants 
under subsection (a), the Administrator shall consider whether 
a project will have substantial water quality benefits relative 
to other projects under consideration.
  (d) Consultation.--In carrying out this section, the 
Administrator shall consult with--
          (1) the Water Quality Steering Committee established 
        under section 8(d)(2)(A) of the Florida Keys National 
        Marine Sanctuary and Protection Act (106 Stat. 5054);
          (2) the South Florida Ecosystem Restoration Task 
        Force established by section 528(f) of the Water 
        Resources Development Act of 1996 (110 Stat. 3771-
        3773);
          (3) the Commission on the Everglades established by 
        executive order of the Governor of the State of 
        Florida; and
          (4) other appropriate State and local government 
        officials.
  (e) Non-Federal Share.--The non-Federal share of the cost of 
a project carried out using amounts from grants made under 
subsection (a) shall not be less than 25 percent.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Administrator to carry out this 
section--
          (1) $32,000,000 for fiscal year 2001;
          (2) $31,000,000 for fiscal year 2002; and
          (3) $50,000,000 for each of fiscal years 2003 through 
        2005.
Such sums shall remain available until expended.