H.R. 5289 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5289 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. Short title This Act may be cited as the Indian River Lagoon Nutrient Removal Assistance Act of 2014. 2. Indian River Lagoon Nutrient Removal Assistance Grant Program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish an Indian River Lagoon Nutrient Removal Assistance Grant Program (in this section referred to as the Program) to assist projects related to the protection and restoration of the Indian River Lagoon in Florida. (b) Grant authority In carrying out the Program, the Administrator may make a grant, on a competitive basis, to any of the following: (1) A State government entity. (2) A local government entity. (3) A nonprofit organization. (4) The Indian River Lagoon Program. (c) Applications To be eligible for a grant under the Program, an entity specified in subsection (b) shall submit to the Administrator an application with respect to a proposed project at such time, in such form, and containing such information as the Administrator determines is appropriate, which shall include at least a description of the proposed project and the communities to be served by the proposed project. (d) Selection criteria The Administrator shall issue regulations with respect to the criteria to be utilized to select projects for grants under the Program, which shall prioritize projects that— (1) produce the greatest nutrient load reductions; (2) result in the greatest environmental benefits to the Indian River Lagoon; and (3) advance the goals and objectives of the comprehensive plan. (e) Consultation In selecting projects for grants under the Program, the Administrator shall consult with— (1) the Indian River Lagoon Program; (2) the State of Florida and local governments in the Indian River Lagoon watershed; and (3) other relevant stakeholders involved with the protection and restoration of the Indian River Lagoon. (f) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project assisted with a grant under the Program shall be 75 percent. (2) Exception At the request of a grant recipient, the recipient may lower the Federal share of the cost for a project carried out by the recipient to an amount that is less than 75 percent. (g) Definitions In this section, the following definitions apply: (1) Comprehensive plan The term comprehensive plan means— (A) the conservation and management plan approved under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330) for the Indian River Lagoon; and (B) any amendments to that plan. (2) Indian River Lagoon Program The term Indian River Lagoon Program means the Indian River Lagoon National Estuary Program convened as the management conference under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330) for the Indian River Lagoon, and includes the Policy Board, Management Committee, Technical Advisory Committee, and Citizens Advisory Committee of that Program. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the Program each fiscal year the amounts available in the Indian River Lagoon Nutrient Removal Assistance Trust Fund established under section 9512 of the Internal Revenue Code of 1986. (2) Administrative expenses The Administrator may not use more than 5 percent of the amounts made available to carry out the Program each fiscal year to pay administrative expenses incurred in carrying out the Program. (3) Prohibition No amounts made available to carry out the Program may be used for the administrative expenses of a management conference convened under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (4) Rule of construction Nothing in this section may be construed to limit the eligibility of the Indian River Lagoon Program to receive funding under section 320(g) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)). 3. Increase in certain civil penalties (a) In general Notwithstanding any other provision of law and not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to increase by 5 percent each civil penalty amount established for a violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Applicability The regulations issued under subsection (a) shall only apply to violations of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) occurring after the date of enactment of this Act. 4. Indian River Lagoon Nutrient Removal Assistance Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Indian River Lagoon Nutrient Removal Assistance Trust Fund (a) Creation of Trust Fund There is hereby established in the Treasury of the United States a trust fund to be known as the Indian River Lagoon Nutrient Removal Assistance Trust Fund, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Indian River Lagoon Nutrient Removal Assistance Trust Fund such amounts as the Secretary determines from time to time are equivalent to the increase in civil penalties under section 3(a) of the Indian River Lagoon Nutrient Removal Assistance Act of 2014 for violations of the Federal Water Pollution Control Act. (c) Expenditures Amounts in the Indian River Lagoon Nutrient Removal Assistance Trust Fund shall be available as provided in appropriations Acts only for making expenditures to make grants under the Indian River Lagoon Nutrient Removal Assistance Grant Program under section 2(a) of the Indian River Lagoon Nutrient Removal Assistance Act of 2014. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Indian River Lagoon Nutrient Removal Assistance Trust Fund. .