I

106TH CONGRESS

2D SESSION H. R. 5121

To authorize a comprehensive Everglades restoration plan.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2000

Mr. SHAW introduced the following bill; which was referred to the Committee

on Transportation and Infrastructure, and in addition to the Committee

on Resources, 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 authorize a comprehensive Everglades restoration plan.

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 ‘‘Restoring the Ever5 glades, an American Legacy Act’’.

6 SEC. 2. COMPREHENSIVE EVERGLADES RESTORATION

7 PLAN.

8 (a) DEFINITIONS.—In this section, the following defi9 nitions apply:
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1 (1) CENTRAL AND SOUTHERN FLORIDA

2 PROJECT.—

3 (A) IN GENERAL.—The term ‘‘Central and

4 Southern Florida Project’’ means the project

5 for Central and Southern Florida authorized

6 under the heading ‘‘CENTRAL AND SOUTHERN

7 FLORIDA’’ in section 203 of the Flood Control

8 Act of 1948 (62 Stat. 1176).

9 (B) INCLUSION.—The term ‘‘Central and

10 Southern Florida Project’’ includes any modi11 fication to the project authorized by this Act or

12 any other provision of law.

13 (2) GOVERNOR.—The term ‘‘Governor’’ means

14 the Governor of the State of Florida.

15 (3) NATURAL SYSTEM.—

16 (A) IN GENERAL.—The term ‘‘natural sys17 tem’’ means all land and water managed by the

18 Federal Government or the State within the

19 South Florida ecosystem.

20 (B) INCLUSIONS.—The term ‘‘natural sys21 tem’’ includes—

22 (i) water conservation areas;

23 (ii) sovereign submerged land;

24 (iii) Everglades National Park;

25 (iv) Biscayne National Park;
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1 (v) Big Cypress National Preserve;

2 (vi) other Federal or State (including

3 a political subdivision of a State) land that

4 is designated and managed for conserva5 tion purposes; and

6 (vii) any tribal land that is designated

7 and managed for conservation purposes, as

8 approved by the tribe.

9 (4) PLAN.—The term ‘‘Plan’’ means the Com10 prehensive Everglades Restoration Plan contained in

11 the ‘‘Final Integrated Feasibility Report and Pro12 grammatic Environmental Impact Statement’’, dated

13 April 1, 1999, as modified by this Act.

14 (5) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of the Army.

16 (6) SOUTH FLORIDA ECOSYSTEM.—

17 (A) IN GENERAL.—The term ‘‘South Flor18 ida ecosystem’’ means the area consisting of the

19 land and water within the boundary of the

20 South Florida Water Management District in

21 effect on July 1, 1999.

22 (B) INCLUSIONS.—The term ‘‘South Flor23 ida ecosystem’’ includes—

24 (i) the Everglades;

25 (ii) the Florida Keys; and
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1 (iii) the contiguous near-shore coastal

2 water of South Florida.

3 (7) STATE.—The term ‘‘State’’ means the State

4 of Florida.

5 (b) COMPREHENSIVE EVERGLADES RESTORATION

6 PLAN.—

7 (1) APPROVAL.—

8 (A) IN GENERAL.—Except as modified by

9 this Act, the Plan is approved as a framework

10 for modifications and operational changes to

11 the Central and Southern Florida Project that

12 are needed to restore, preserve, and protect the

13 South Florida ecosystem while providing for

14 other water-related needs of the region, includ15 ing water supply and flood protection. The Plan

16 shall be implemented to ensure the protection of

17 water quality in, the reduction of the loss of

18 fresh water from, and the improvement of the

19 environment of the South Florida ecosystem

20 and to achieve and maintain the benefits to the

21 natural system and human environment de22 scribed in the Plan, and required pursuant to

23 this Act, for as long as the project is author24 ized.
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1 (B) INTEGRATION.—In carrying out the

2 Plan, the Secretary shall integrate the activities

3 described in subparagraph (A) with ongoing

4 Federal and State projects and activities in ac5 cordance with section 528(c) of the Water Re6 sources Development Act of 1996 (110 Stat.

7 3769–3770). Unless specifically provided here8 in, nothing in this Act shall be construed to

9 modify any existing cost share or responsibility

10 for projects as listed in subsection (c) or (e) of

11 section 528 of the Water Resources Develop12 ment Act of 1996 (110 Stat. 3769–3770).

13 (2) SPECIFIC AUTHORIZATIONS.—

14 (A) IN GENERAL.—

15 (i) PROJECTS.—The Secretary shall

16 carry out the projects included in the Plan

17 in accordance with subparagraphs (B),

18 (C), (D) and (E).

19 (ii) CONSIDERATIONS.—In carrying

20 out activities described in the Plan, the

21 Secretary shall—

22 (I) take into account the protec23 tion of water quality by considering

24 applicable State water quality stand25 ards; and
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1 (II) include such features as the

2 Secretary determines are necessary to

3 ensure that all ground water and sur4 face water discharges from any

5 project feature authorized by this sub6 section will meet all applicable water

7 quality standards and applicable water

8 quality permitting requirements.

9 (iii) REVIEW AND COMMENT.—In de10 veloping the projects authorized under sub11 paragraph (B), the Secretary shall provide

12 for public review and comment in accord13 ance with applicable Federal law.

14 (B) PILOT PROJECTS.—The following pilot

15 projects are authorized for implementation,

16 after review and approval by the Secretary, at

17 a total cost of $69,000,000, with an estimated

18 Federal cost of $34,500,000 and an estimated

19 non-Federal cost of $34,500,000:

20 (i) Caloosahatchee River (C–43)

21 Basin ASR, at a total cost of $6,000,000,

22 with an estimated Federal cost of

23 $3,000,000 and an estimated non-Federal

24 cost of $3,000,000.
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1 (ii) Lake Belt In-Ground Reservoir

2 Technology, at a total cost of $23,000,000,

3 with an estimated Federal cost of

4 $11,500,000 and an estimated non-Federal

5 cost of $11,500,000.

6 (iii) L–31N Seepage Management, at

7 a total cost of $10,000,000, with an esti8 mated Federal cost of $5,000,000 and an

9 estimated non-Federal cost of $5,000,000.

10 (iv) Wastewater Reuse Technology, at

11 a total cost of $30,000,000, with an esti12 mated Federal cost of $15,000,000 and an

13 estimated non-Federal cost of

14 $15,000,000.

15 (C) INITIAL PROJECTS.—The following

16 projects are authorized for implementation,

17 after review and approval by the Secretary, sub18 ject to the conditions stated in subparagraph

19 (D), at a total cost of $1,100,918,000, with an

20 estimated Federal cost of $550,459,000 and an

21 estimated non-Federal cost of $550,459,000:

22 (i) C–44 Basin Storage Reservoir, at

23 a total cost of $112,562,000, with an esti24 mated Federal cost of $56,281,000 and an
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1 estimated non-Federal cost of

2 $56,281,000.

3 (ii) Everglades Agricultural Area

4 Storage Reservoirs—Phase I, at a total

5 cost of $233,408,000, with an estimated

6 Federal cost of $116,704,000 and an esti7 mated non-Federal cost of $116,704,000.

8 (iii) Site 1 Impoundment, at a total

9 cost of $38,535,000, with an estimated

10 Federal cost of $19,267,500 and an esti11 mated non-Federal cost of $19,267,500.

12 (iv) Water Conservation Areas 3A/3B

13 Levee Seepage Management, at a total cost

14 of $100,335,000, with an estimated Fed15 eral cost of $50,167,500 and an estimated

16 non-Federal cost of $50,167,500.

17 (v) C–11 Impoundment and

18 Stormwater Treatment Area, at a total

19 cost of $124,837,000, with an estimated

20 Federal cost of $62,418,500 and an esti21 mated non-Federal cost of $62,418,500.

22 (vi) C–9 Impoundment and

23 Stormwater Treatment Area, at a total

24 cost of $89,146,000, with an estimated
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1 Federal cost of $44,573,000 and an esti2 mated non-Federal cost of $44,573,000.

3 (vii) Taylor Creek/Nubbin Slough

4 Storage and Treatment Area, at a total

5 cost of $104,027,000, with an estimated

6 Federal cost of $52,013,500 and an esti7 mated non-Federal cost of $52,013,500.

8 (viii) Raise and Bridge East Portion

9 of Tamiami Trail and Fill Miami Canal

10 within Water Conservation Area 3, at a

11 total cost of $26,946,000, with an esti12 mated Federal cost of $13,473,000 and an

13 estimated non-Federal cost of

14 $13,473,000.

15 (ix) North New River Improvements,

16 at a total cost of $77,087,000, with an es17 timated Federal cost of $38,543,500 and

18 an estimated non-Federal cost of

19 $38,543,500.

20 (x) C–111 Spreader Canal, at a total

21 cost of $94,035,000, with an estimated

22 Federal cost of $47,017,500 and an esti23 mated non-Federal cost of $47,017,500.

24 (xi) Adaptive Assessment and Moni25 toring Program, at a total cost of
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1 $100,000,000, with an estimated Federal

2 cost of $50,000,000 and an estimated non3 Federal cost of $50,000,000.

4 (D) CONDITIONS.—

5 (i) PROJECT IMPLEMENTATION RE6 PORTS.—Before implementation of a

7 project described in any of clauses (i)

8 through (x) of subparagraph (C), the Sec9 retary shall review and approve for the

10 project a project implementation report

11 prepared in accordance with subsections (f)

12 and (h).

13 (ii) SUBMISSION OF REPORT.—The

14 Secretary shall submit to the Committee

15 on Transportation and Infrastructure of

16 the House of Representatives and the

17 Committee on Environment and Public

18 Works of the Senate the project implemen19 tation report required by subsections (f)

20 and (h) for each project under this para21 graph (including all relevant data and in22 formation on all costs).

23 (iii) FUNDING CONTINGENT ON AP24 PROVAL.—No appropriation shall be made

25 to construct any project under this para-
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1 graph if the project implementation report

2 for the project has not been approved by

3 resolutions adopted by the Committee on

4 Transportation and Infrastructure of the

5 House of Representatives and the Com6 mittee on Environment and Public Works

7 of the Senate.

8 (iv) MODIFIED WATER DELIVERY.—

9 No appropriation shall be made to con10 struct the Water Conservation Area 3

11 Decompartmentalization and Sheetflow

12 Enhancement Project (including compo13 nent AA, Additional S–345 Structures;

14 component QQ Phase 1, Raise and Bridge

15 East Portion of Tamiami Trail and Fill

16 Miami Canal within WCA 3; component

17 QQ Phase 2, WCA 3

18 Decompartmentalization and Sheetflow

19 Enhancement; and component SS, North

20 New River Improvements) or the Central

21 Lakebelt Storage Project (including com22 ponents S and EEE, Central Lake Belt

23 Storage Area) until the completion of the

24 project to improve water deliveries to Ever25 glades National Park authorized by section
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1 104 of the Everglades National Park Pro2 tection and Expansion Act of 1989 (16

3 U.S.C. 410r–8).

4 (E) MAXIMUM COST OF PROJECTS.—Sec5 tion 902 of the Water Resources Development

6 Act of 1986 (33 U.S.C. 2280) shall apply to

7 each project feature authorized under this sub8 section.

9 (c) ADDITIONAL PROGRAM AUTHORITY.—

10 (1) IN GENERAL.—To expedite implementation

11 of the Plan, the Secretary may implement modifica12 tions to the Central and Southern Florida Project

13 that—

14 (A) are described in the Plan; and

15 (B) will produce a substantial benefit to

16 the restoration, preservation and protection of

17 the South Florida ecosystem.

18 (2) PROJECT IMPLEMENTATION REPORTS.—Be19 fore implementation of any project feature author20 ized under this subsection, the Secretary shall review

21 and approve for the project feature a project imple22 mentation report prepared in accordance with sub23 sections (f) and (h).

24 (3) FUNDING.—

25 (A) INDIVIDUAL PROJECT FUNDING.—
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1 (i) FEDERAL COST.—The total Fed2 eral cost of each project carried out under

3 this subsection shall not exceed

4 $12,500,000.

5 (ii) OVERALL COST.—The total cost of

6 each project carried out under this sub7 section shall not exceed $25,000,000.

8 (B) AGGREGATE COST.—The total cost of

9 all projects carried out under this subsection

10 shall not exceed $206,000,000, with an esti11 mated Federal cost of $103,000,000 and an es12 timated non-Federal cost of $103,000,000.

13 (d) AUTHORIZATION OF FUTURE PROJECTS.—

14 (1) IN GENERAL.—Except for a project author15 ized by subsection (b) or (c), any project included in

16 the Plan shall require a specific authorization by

17 Congress.

18 (2) SUBMISSION OF REPORT.—Before seeking

19 congressional authorization for a project under para20 graph (1), the Secretary shall submit to Congress—

21 (A) a description of the project; and

22 (B) a project implementation report for

23 the project prepared in accordance with sub24 sections (f) and (h).

25 (e) COST SHARING.—
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1 (1) FEDERAL SHARE.—The Federal share of

2 the cost of carrying out a project authorized by sub3 section (b), (c), or (d) shall be 50 percent.

4 (2) NON-FEDERAL RESPONSIBILITIES.—The

5 non-Federal sponsor with respect to a project de6 scribed in subsection (b), (c), or (d), shall be—

7 (A) responsible for all land, easements,

8 rights-of-way, and relocations necessary to im9 plement the Plan; and

10 (B) afforded credit toward the non-Federal

11 share of the cost of carrying out the project in

12 accordance with paragraph (5)(A).

13 (3) FEDERAL ASSISTANCE.—

14 (A) IN GENERAL.—The non-Federal spon15 sor with respect to a project authorized by sub16 section (b), (c), or (d) may use Federal funds

17 for the purchase of any land, easement, rights18 of-way, or relocation that is necessary to carry

19 out the project if any funds so used are credited

20 toward the Federal share of the cost of the

21 project.

22 (B) AGRICULTURE FUNDS.—Funds pro23 vided to the non-Federal sponsor under the

24 Conservation Restoration and Enhancement

25 Program (CREP) and the Wetlands Reserve
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1 Program (WRP) for projects in the Plan shall

2 be credited toward the non-Federal share of the

3 cost of the Plan if the Secretary of Agriculture

4 certifies that the funds provided may be used

5 for that purpose. Funds to be credited do not

6 include funds provided under section 390 of the

7 Federal Agriculture Improvement and Reform

8 Act of 1996 (110 Stat. 1022).

9 (4) OPERATION AND MAINTENANCE.—Notwith10 standing section 528(e)(3) of the Water Resources

11 Development Act of 1996 (110 Stat. 3770), the non12 Federal sponsor shall be responsible for 50 percent

13 of the cost of operation, maintenance, repair, re14 placement, and rehabilitation activities authorized

15 under this section.

16 (5) CREDIT.—

17 (A) IN GENERAL.—Notwithstanding sec18 tion 528(e)(4) of the Water Resources Develop19 ment Act of 1996 (110 Stat. 3770), and re20 gardless of the date of acquisition, the value of

21 lands or interests in lands and incidental costs

22 for land acquired by a non-Federal sponsor in

23 accordance with a project implementation re24 port for any project included in the Plan and

25 authorized by Congress shall be—
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1 (i) included in the total cost of the

2 project; and

3 (ii) credited toward the non-Federal

4 share of the cost of the project.

5 (B) WORK.—The Secretary may provide

6 credit, including in-kind credit, toward the non7 Federal share for the reasonable cost of any

8 work performed in connection with a study,

9 preconstruction engineering and design, or con10 struction that is necessary for the implementa11 tion of the Plan, if—

12 (i)(I) the credit is provided for work

13 completed during the period of design, as

14 defined in a design agreement between the

15 Secretary and the non-Federal sponsor; or

16 (II) the credit is provided for work

17 completed during the period of construc18 tion, as defined in a project cooperation

19 agreement for an authorized project be20 tween the Secretary and the non-Federal

21 sponsor;

22 (ii) the design agreement or the

23 project cooperation agreement prescribes

24 the terms and conditions of the credit; and
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1 (iii) the Secretary determines that the

2 work performed by the non-Federal spon3 sor is integral to the project.

4 (C) TREATMENT OF CREDIT BETWEEN

5 PROJECTS.—Any credit provided under this

6 paragraph may be carried over between author7 ized projects in accordance with subparagraph

8 (D).

9 (D) PERIODIC MONITORING.—

10 (i) IN GENERAL.—To ensure that the

11 contributions of the non-Federal sponsor

12 equal 50 percent proportionate share for

13 projects in the Plan, during each 5-year

14 period, beginning with commencement of

15 design of the Plan, the Secretary shall, for

16 each project—

17 (I) monitor the non-Federal pro18 vision of cash, in-kind services, and

19 land; and

20 (II) manage, to the maximum ex21 tent practicable, the requirement of

22 the non-Federal sponsor to provide

23 cash, in-kind services, and land.
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1 (ii) OTHER MONITORING.—The Sec2 retary shall conduct monitoring under

3 clause (i) separately for—

4 (I) the preconstruction engineer5 ing and design phase; and

6 (II) the construction phase.

7 (E) AUDITS.—Credit for land (including

8 land value and incidental costs) or work pro9 vided under this subsection shall be subject to

10 audit by the Secretary.

11 (f) EVALUATION OF PROJECTS.—

12 (1) IN GENERAL.—Before implementation of a

13 project authorized by subsection (c) or (d) or any of

14 clauses (i) through (x) of subsection (b)(2)(C), the

15 Secretary, in cooperation with the non-Federal spon16 sor, shall, after notice and opportunity for public

17 comment and in accordance with subsection (h),

18 complete a project implementation report for the

19 project.

20 (2) PROJECT JUSTIFICATION.—

21 (A) IN GENERAL.—Notwithstanding sec22 tion 209 of the Flood Control Act of 1970 (42

23 U.S.C. 1962–2) or any other provision of law,

24 in carrying out any activity authorized under

25 this section or any other provision of law to re-
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1 store, preserve, or protect the South Florida

2 ecosystem, the Secretary may determine that—

3 (i) the activity is justified by the envi4 ronmental benefits derived by the South

5 Florida ecosystem; and

6 (ii) no further economic justification

7 for the activity is required, if the Secretary

8 determines that the activity is cost-effec9 tive.

10 (B) APPLICABILITY.—Subparagraph (A)

11 shall not apply to any separable element in12 tended to produce benefits that are predomi13 nantly unrelated to the restoration, preserva14 tion, and protection of the natural system.

15 (g) EXCLUSIONS AND LIMITATIONS.—The following

16 Plan components are not approved for implementation:

17 (1) WATER INCLUDED IN THE PLAN.—

18 (A) IN GENERAL.—Any project that is de19 signed to implement the capture and use of the

20 approximately 245,000 acre-feet of water de21 scribed in section 7.7.2 of the Plan shall not be

22 implemented until such time as—

23 (i) the project-specific feasibility study

24 described in subparagraph (B) on the need

25 for and physical delivery of the approxi-
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1 mately 245,000 acre-feet of water, con2 ducted by the Secretary, in cooperation

3 with the non-Federal sponsor, is com4 pleted;

5 (ii) the project is favorably rec6 ommended in a final report of the Chief of

7 Engineers; and

8 (iii) the project is authorized by Act

9 of Congress.

10 (B) PROJECT-SPECIFIC FEASIBILITY

11 STUDY.—The project-specific feasibility study

12 referred to in subparagraph (A) shall include—

13 (i) a comprehensive analysis of the

14 structural facilities proposed to deliver the

15 approximately 245,000 acre-feet of water

16 to the natural system;

17 (ii) an assessment of the requirements

18 to divert and treat the water;

19 (iii) an assessment of delivery alter20 natives;

21 (iv) an assessment of the feasibility of

22 delivering the water downstream while

23 maintaining current levels of flood protec24 tion to affected property; and
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1 (v) any other assessments that are de2 termined by the Secretary to be necessary

3 to complete the study.

4 (2) WASTEWATER REUSE.—

5 (A) IN GENERAL.—On completion and

6 evaluation of the wastewater reuse pilot project

7 described in subsection (b)(2)(B)(iv), the Sec8 retary, in an appropriately timed 5-year report,

9 shall describe the results of the evaluation of

10 advanced wastewater reuse in meeting, in a cost

11 effective manner, the requirements of restora12 tion of the natural system.

13 (B) SUBMISSION.—The Secretary shall

14 submit to Congress the report described in sub15 paragraph (A) before congressional authoriza16 tion for advanced wastewater reuse is sought.

17 (3) PROJECTS APPROVED WITH LIMITATIONS.—

18 The following projects in the Plan are approved for

19 implementation with limitations:

20 (A) LOXAHATCHEE NATIONAL WILDLIFE

21 REFUGE.—The Federal share for land acquisi22 tion in the project to enhance existing wetland

23 systems along the Loxahatchee National Wild24 life Refuge, including the Stazzulla tract,
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1 should be funded through the budget of the De2 partment of the Interior.

3 (B) SOUTHERN CORKSCREW REGIONAL

4 ECOSYSTEM.—The Southern Corkscrew regional

5 ecosystem watershed addition should be accom6 plished outside the scope of the Plan.

7 (h) ASSURANCE OF PROJECT BENEFITS.—

8 (1) IN GENERAL.—The overarching objective of

9 the Plan is the restoration, preservation, and protec10 tion of the South Florida Ecosystem while providing

11 for other water-related needs of the region, including

12 water supply and flood protection. The Plan shall be

13 implemented to ensure the protection of water qual14 ity in, the reduction of the loss of fresh water from,

15 the improvement of the environment of the South

16 Florida Ecosystem and to achieve and maintain the

17 benefits to the natural system and human environ18 ment described in the Plan, and required pursuant

19 to this Act, for as long as the project is authorized.

20 (2) AGREEMENT.—

21 (A) IN GENERAL.—In order to ensure that

22 water generated by the Plan will be made avail23 able for the restoration of the natural system,

24 no appropriations, except for any pilot project

25 described in subsection (b)(2)(B), shall be made
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1 for the construction of a project contained in

2 the Plan until the President and the Governor

3 enter into a binding agreement under which the

4 State shall ensure, by regulation or other ap5 propriate means, that water made available by

6 each project in the Plan shall not be permitted

7 for a consumptive use or otherwise made un8 available by the State until such time as suffi9 cient reservations of water for the restoration of

10 the natural system are made under State law in

11 accordance with the project implementation re12 port for that project and consistent with the

13 Plan.

14 (B) ENFORCEMENT.—

15 (i) IN GENERAL.—Any person or enti16 ty that is aggrieved by a failure of the

17 United States or any other Federal Gov18 ernment instrumentality or agency, or the

19 Governor or any other officer of a State in20 strumentality or agency, to comply with

21 any provision of the agreement entered

22 into under subparagraph (A) may bring a

23 civil action in United States district court

24 for an injunction directing the United

25 States or any other Federal Government
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1 instrumentality or agency or the Governor

2 or any other officer of a State instrumen3 tality or agency, as the case may be, to

4 comply with the agreement.

5 (ii) LIMITATIONS ON COMMENCEMENT

6 OF CIVIL ACTION.—No civil action may be

7 commenced under clause (i)—

8 (I) before the date that is 60

9 days after the Secretary receives writ10 ten notice of a failure to comply with

11 the agreement; or

12 (II) if the United States has

13 commenced and is diligently pros14 ecuting an action in a court of the

15 United States or a State to redress a

16 failure to comply with the agreement.

17 (3) PROGRAMMATIC REGULATIONS.—

18 (A) ISSUANCE.—Not later than 2 years

19 after the date of enactment of this Act, the Sec20 retary shall, after notice and opportunity for

21 public comment—

22 (i) with the concurrence of—

23 (I) the Governor; and

24 (II) the Secretary of the Interior;

25 and
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1 (ii) in consultation with—

2 (I) the Seminole Tribe of Flor3 ida;

4 (II) the Miccosukee Tribe of In5 dians of Florida;

6 (III) the Administrator of the

7 Environmental Protection Agency;

8 (IV) the Secretary of Commerce;

9 and

10 (V) other Federal, State, and

11 local agencies;

12 promulgate programmatic regulations to ensure

13 that the goals and purposes of the Plan are

14 achieved.

15 (B) CONCURRENCY STATEMENT.—Not

16 later than 180 days from the end of the public

17 comment period on proposed programmatic reg18 ulations, the Secretary of the Interior and the

19 Governor shall provide the Secretary with a

20 written statement of concurrence or nonconcur21 rence. A failure to provide a written statement

22 of concurrence or nonconcurrence within such

23 time frame will be deemed as meeting the con24 currency requirements of subsection

25 (h)(3)(A)(i). A copy of any concurrency or non-
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1 concurrency statements shall be made a part of

2 the administrative record and referenced in the

3 final programmatic regulations. Any noncon4 currency statement shall specifically detail the

5 reason or reasons for the nonconcurrence.

6 (C) CONTENT OF REGULATIONS.—Pro7 grammatic regulations promulgated under this

8 paragraph shall establish a process—

9 (i) for the development of project im10 plementation reports, project cooperation

11 agreements, and operating manuals that

12 ensure that the goals and objectives of the

13 Plan are achieved;

14 (ii) to ensure that new information re15 sulting from changed or unforeseen cir16 cumstances, new scientific or technical in17 formation or information that is developed

18 through the principles of adaptive manage19 ment contained in the Plan, or future au20 thorized changes to the Plan are integrated

21 into the implementation of the Plan; and

22 (iii) to ensure the protection of the

23 natural system consistent with the goals

24 and purposes of the Plan, including the es25 tablishment of interim goals to provide a
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1 means by which the restoration success of

2 the Plan may be evaluated throughout the

3 implementation process.

4 (D) SCHEDULE AND TRANSITION RULE.—

5 (i) IN GENERAL.—All project imple6 mentation reports approved before the date

7 of promulgation of the programmatic regu8 lations shall be consistent with the Plan.

9 (ii) PREAMBLE.—The preamble of the

10 programmatic regulations shall include a

11 statement concerning the consistency with

12 the programmatic regulations of any

13 project implementation reports that were

14 approved before the date of promulgation

15 of the regulations.

16 (E) REVIEW OF PROGRAMMATIC REGULA17 TIONS.—Whenever necessary to attain Plan

18 goals and purposes, but not less often than

19 every 5 years, the Secretary, in accordance with

20 subparagraph (A), shall review the pro21 grammatic regulations promulgated under this

22 paragraph.

23 (4) PROJECT-SPECIFIC ASSURANCES.—

24 (A) PROJECT IMPLEMENTATION RE25 PORTS.—
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1 (i) IN GENERAL.—The Secretary and

2 the non-Federal sponsor shall develop

3 project implementation reports in accord4 ance with section 10.3.1 of the Plan.

5 (ii) COORDINATION.—In developing a

6 project implementation report, the Sec7 retary and the non-Federal sponsor shall

8 coordinate with appropriate Federal, State,

9 tribal, and local governments.

10 (iii) REQUIREMENTS.—A project im11 plementation report shall—

12 (I) be consistent with the Plan

13 and the programmatic regulations

14 promulgated under paragraph (3);

15 (II) describe how each of the re16 quirements stated in paragraph

17 (3)(B) is satisfied;

18 (III) comply with the National

19 Environmental Policy Act of 1969 (42

20 U.S.C. 4321 et seq.);

21 (IV) identify the appropriate

22 quantity, timing, and distribution of

23 water dedicated and managed for the

24 natural system;
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1 (V) identify the amount of water

2 to be reserved or allocated for the nat3 ural system necessary to implement,

4 under State law, subclauses (IV) and

5 (VI);

6 (VI) comply with applicable

7 water quality standards and applicable

8 water quality permitting requirements

9 under subsection (b)(2)(A)(ii);

10 (VII) be based on the best avail11 able science; and

12 (VIII) include an analysis con13 cerning the cost-effectiveness and en14 gineering feasibility of the project.

15 (B) PROJECT COOPERATION AGREE16 MENTS.—

17 (i) IN GENERAL.—The Secretary and

18 the non-Federal sponsor shall execute

19 project cooperation agreements in accord20 ance with section 10 of the Plan.

21 (ii) CONDITION.—The Secretary shall

22 not execute a project cooperation agree23 ment until any reservation or allocation of

24 water for the natural system identified in
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1 the project implementation report is exe2 cuted under State law.

3 (C) OPERATING MANUALS.—

4 (i) IN GENERAL.—The Secretary and

5 the non-Federal sponsor shall develop and

6 issue, for each project or group of projects,

7 an operating manual that is consistent

8 with the water reservation or allocation for

9 the natural system described in the project

10 implementation report and the project co11 operation agreement for the project or

12 group of projects.

13 (ii) MODIFICATIONS.—Any significant

14 modification by the Secretary and the non15 Federal sponsor to an operating manual

16 after the operating manual is issued shall

17 only be carried out subject to notice and

18 opportunity for public comment.

19 (5) SAVINGS CLAUSE.—

20 (A) NO ELIMINATION OR TRANSFER.—

21 Until a new source of water supply of com22 parable quantity and quality as that available

23 on the date of enactment of this Act is available

24 to replace the water to be lost as a result of im25 plementation of the Plan, the Secretary and the
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1 non-Federal sponsor shall not eliminate or

2 transfer existing legal sources of water, includ3 ing those for—

4 (i) an agricultural or urban water

5 supply;

6 (ii) allocation or entitlement to the

7 Seminole Indian Tribe of Florida under

8 section 7 of the Seminole Indian Land

9 Claims Settlement Act of 1987 (25 U.S.C.

10 1772e);

11 (iii) the Miccosukee Tribe of Indians

12 of Florida;

13 (iv) water supply for Everglades Na14 tional Park; or

15 (v) water supply for fish and wildlife.

16 (B) MAINTENANCE OF FLOOD PROTEC17 TION.—Implementation of the Plan shall not re18 duce levels of service for flood protection that

19 are—

20 (i) in existence on the date of enact21 ment of this Act; and

22 (ii) in accordance with applicable law.

23 (C) NO EFFECT ON TRIBAL COMPACT.—

24 Nothing in this Act amends, alters, prevents, or

25 otherwise abrogates rights of the Seminole In-
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1 dian Tribe of Florida under the compact among

2 the Seminole Tribe of Florida, the State, and

3 the South Florida Water Management District,

4 defining the scope and use of water rights of

5 the Seminole Tribe of Florida, as codified by

6 section 7 of the Seminole Indian Land Claims

7 Settlement Act of 1987 (25 U.S.C. 1772e).

8 (i) DISPUTE RESOLUTION.—

9 (1) IN GENERAL.—Within 180 days from the

10 date of enactment of this Act, the Secretary and the

11 Governor shall develop an agreement for resolving

12 disputes between the Corps of Engineers and the

13 State associated with the implementation of the

14 Plan. Such agreement shall establish a mechanism

15 for the timely and efficient resolution of disputes,

16 including—

17 (A) a preference for the resolution of dis18 putes between the Jacksonville District of the

19 Corps of Engineers and the South Florida

20 Water Management District;

21 (B) a mechanism for the Jacksonville Dis22 trict of the Corps of Engineers or the South

23 Florida Water Management District to initiate

24 the dispute resolution process for unresolved

25 issues;
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1 (C) the establishment of appropriate time2 frames and intermediate steps for the elevation

3 of disputes to the Governor and the Secretary;

4 and

5 (D) a mechanism for the final resolution of

6 disputes, within 180 days from the date that

7 the dispute resolution process is initiated under

8 subparagraph (B).

9 (2) CONDITION FOR REPORT APPROVAL.—The

10 Secretary shall not approve a project implementation

11 report under this Act until the agreement estab12 lished under this subsection has been executed.

13 (3) NO EFFECT ON LAW.—Nothing in the

14 agreement established under this subsection shall

15 alter or amend any existing Federal or State law or

16 the responsibility of any party to the agreement to

17 comply with any Federal or State law.

18 (j) INDEPENDENT SCIENTIFIC REVIEW.—

19 (1) IN GENERAL.—The Secretary, the Secretary

20 of the Interior, and the Governor, in consultation

21 with the South Florida Ecosystem Restoration Task

22 Force, shall establish an independent scientific re23 view panel convened by a body, such as the National

24 Academy of Sciences, to review the Plan’s progress
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1 toward achieving the natural system restoration

2 goals of the Plan.

3 (2) REPORT.—The panel described in para4 graph (1) shall produce a biennial report to Con5 gress, the Secretary, the Secretary of the Interior,

6 and the Governor that includes an assessment of ec7 ological indicators and other measures of progress in

8 restoring the ecology of the natural system, based on

9 the Plan.

10 (k) OUTREACH AND ASSISTANCE.—

11 (1) SMALL BUSINESS CONCERNS OWNED AND

12 OPERATED BY SOCIALLY AND ECONOMICALLY DIS13 ADVANTAGED INDIVIDUALS.—In executing the Plan,

14 the Secretary shall ensure that small business con15 cerns owned and controlled by socially and economi16 cally disadvantaged individuals are provided oppor17 tunities to participate under section 15(g) of the

18 Small Business Act (15 U.S.C. 644(g)).

19 (2) COMMUNITY OUTREACH AND EDUCATION.—

20 (A) IN GENERAL.—The Secretary shall en21 sure that impacts on socially and economically

22 disadvantaged individuals, including individuals

23 with limited English proficiency, and commu24 nities are considered during implementation of

25 the Plan, and that such individuals have oppor-
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1 tunities to review and comment on its imple2 mentation.

3 (B) PROVISION OF OPPORTUNITIES.—The

4 Secretary shall ensure, to the maximum extent

5 practicable, that public outreach and edu6 cational opportunities are provided, during im7 plementation of the Plan, to the individuals of

8 South Florida, including individuals with lim9 ited English proficiency, and in particular for

10 socially and economically disadvantaged com11 munities.

12 (l) REPORT TO CONGRESS.—Beginning on October 1,

13 2005, and periodically thereafter until October 1, 2036,

14 the Secretary and the Secretary of the Interior, in con15 sultation with the Environmental Protection Agency, the

16 Department of Commerce, and the State of Florida, shall

17 jointly submit to Congress a report on the implementation

18 of the Plan. Such reports shall be completed not less often

19 than every 5 years. Such reports shall include a descrip20 tion of planning, design, and construction work completed,

21 the amount of funds expended during the period covered

22 by the report (including a detailed analysis of the funds

23 expended for adaptive assessment under subsection

24 (b)(2)(C)(xi)), and the work anticipated over the next 5-

25 year period. In addition, each report shall include—
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1 (1) the determination of each Secretary, and

2 the Administrator of the Environmental Protection

3 Agency, concerning the benefits to the natural sys4 tem and the human environment achieved as of the

5 date of the report and whether the completed

6 projects of the Plan are being operated in a manner

7 that is consistent with the requirements of sub8 section (h);

9 (2) progress toward interim goals established in

10 accordance with subsection (h)(3)(B)(iii); and

11 (3) a review of the activities performed by the

12 Secretary under subsection (k) as they relate to so13 cially and economically disadvantaged individuals

14 and individuals with limited English proficiency.

15 (m) SEVERABILITY.—If any provision or remedy pro16 vided by this section is found to be unconstitutional or

17 unenforceable by any court of competent jurisdiction, any

18 remaining provisions in this section shall remain valid and

19 enforceable.

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