II

Calendar No. 730

106TH CONGRESS

2D SESSION S. 2797

[Report No. 106–363]

To authorize a comprehensive Everglades restoration plan.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2000

Mr. SMITH of New Hampshire (for himself, Mr. BAUCUS, Mr. VOINOVICH, Mr.

GRAHAM, and Mr. MACK) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

JULY 27, 2000

Reported by Mr. SMITH of New Hampshire, with amendments

[Omit the part struck through and insert the part printed in italic]

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’’.
2

•S 2797 RS

1 SEC. 2. COMPREHENSIVE EVERGLADES RESTORATION

2 PLAN.

3 (a) DEFINITIONS.—In this section:

4 (1) CENTRAL AND SOUTHERN FLORIDA

5 PROJECT.—

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

7 Southern Florida Project’’ means the project

8 for Central and Southern Florida authorized

9 under the heading ‘‘CENTRAL AND SOUTHERN

10 FLORIDA’’ in section 203 of the Flood Control

11 Act of 1948 (62 Stat. 1176).

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

13 Southern Florida Project’’ includes any modi14 fication to the project authorized by this Act or

15 any other provision of law.

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

17 the Governor of the State.

18 (3) NATURAL SYSTEM.—

19 (A) IN GENERAL.—The term ‘‘natural sys20 tem’’ means all land and water managed by the

21 Federal Government or the State within the

22 South Florida ecosystem.

23 (B) INCLUSIONS.—The term ‘‘natural sys24 tem’’ includes—

25 (i) water conservation areas;

26 (ii) sovereign submerged land;
3

•S 2797 RS

1 (iii) Everglades National Park;

2 (iv) Biscayne National Park;

3 (v) Big Cypress National Preserve;

4 (vi) other Federal or State (including

5 a political subdivision of a State) land that

6 is designated and managed for conserva7 tion purposes; and

8 (vii) any tribal land that is designated

9 and managed for conservation purposes, as

10 approved by the tribe.

11 (4) PLAN.—The term ‘‘Plan’’ means the Com12 prehensive Everglades Restoration Plan contained in

13 the ‘‘Final Integrated Feasibility Report and Pro14 grammatic Environmental Impact Statement’’, dated

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

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

17 the Secretary of the Army.

18 (5)(6) SOUTH FLORIDA ECOSYSTEM.—

19 (A) IN GENERAL.—The term ‘‘South Flor20 ida ecosystem’’ means the area consisting of the

21 land and water within the boundary of the

22 South Florida Water Management District in

23 effect on July 1, 1999.

24 (B) INCLUSIONS.—The term ‘‘South Flor25 ida ecosystem’’ includes—
4

•S 2797 RS

1 (i) the Everglades;

2 (ii) the Florida Keys; and

3 (iii) the contiguous near-shore coastal

4 water of South Florida.

5 (6)(7) STATE.—The term ‘‘State’’ means the

6 State of Florida.

7 (b) COMPREHENSIVE EVERGLADES RESTORATION

8 PLAN.—

9 (1) APPROVAL.—

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

11 this Act, the Plan is approved as a framework

12 for modifications and operational changes to

13 the Central and Southern Florida Project that

14 are needed to—

15 (i) restore, preserve and protect the

16 South Florida ecosystem;

17 (ii) provide for the protection of water

18 quality in, and the reduction of the loss of

19 fresh water from, the Everglades; and

20 (iii) provide for the water-related

21 needs of the region, including—

22 (I) flood control;

23 (II) the enhancement of water

24 supplies; and
5

•S 2797 RS

1 (III) other objectives served by

2 the Central and Southern Florida

3 Project.

4 (B) INTEGRATION.—In carrying out the

5 Plan, the Secretary shall integrate the activities

6 described in subparagraph (A) with ongoing

7 Federal and State projects and activities in ac8 cordance with section 528(c) of the Water Re9 sources Development Act of 1996 (110 Stat.

10 3769).

11 (2) SPECIFIC AUTHORIZATIONS.—

12 (A) IN GENERAL.—

13 (i) PROJECTS.—The Secretary shall

14 carry out the projects included in the Plan

15 in accordance with subparagraphs (B),

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

17 (ii) CONSIDERATIONS.—In carrying

18 out activities described in the Plan, the

19 Secretary shall—

20 (I) take into account the protec21 tion of water quality by considering

22 applicable State water quality stand23 ards; and

24 (II) include such features as the

25 Secretary determines are necessary to
6

•S 2797 RS

1 ensure that all ground water and sur2 face water discharges from any

3 project feature authorized by this sub4 section will meet all applicable water

5 quality standards and applicable water

6 quality permitting requirements.

7 (iii) REVIEW AND COMMENT.—In de8 veloping the projects authorized under sub9 paragraph (B), the Secretary shall provide

10 for public review and comment in accord11 ance with applicable Federal law.

12 (B) PILOT PROJECTS.—The following pilot

13 projects are authorized for implementation,

14 after review and approval by the Secretary, sub15 ject to the conditions in subparagraph (D), at

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

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

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

19 (i) Caloosahatchee River (C–43)

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

21 with an estimated Federal cost of

22 $3,000,000 and an estimated non-Federal

23 cost of $3,000,000.

24 (ii) Lake Belt In-Ground Reservoir

25 Technology, at a total cost of $23,000,000,
7

•S 2797 RS

1 with an estimated Federal cost of

2 $11,500,000 and an estimated non-Federal

3 cost of $11,500,000.

4 (iii) L–31N Seepage Management, at

5 a total cost of $10,000,000, with an esti6 mated Federal cost of $5,000,000 and an

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

8 (iv) Wastewater Reuse Technology, at

9 a total cost of $30,000,000, with an esti10 mated Federal cost of $15,000,000 and an

11 estimated non-Federal cost of

12 $15,000,000.

13 (C) INITIAL PROJECTS.—The following

14 projects are authorized for implementation,

15 after review and approval by the Secretary, sub16 ject to the conditions stated in subparagraph

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

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

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

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

21 a total cost of $112,562,000, with an esti22 mated Federal cost of $56,281,000 and an

23 estimated non-Federal cost of

24 $56,281,000.
8

•S 2797 RS

1 (ii) Everglades Agricultural Area

2 Storage Reservoirs—Phase I, at a total

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

4 Federal cost of $116,704,000 and an esti5 mated non-Federal cost of $116,704,000.

6 (iii) Site 1 Impoundment, at a total

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

8 Federal cost of $19,267,500 and an esti9 mated non-Federal cost of $19,267,500.

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

11 Levee Seepage Management, at a total cost

12 of $100,335,000, with an estimated Fed13 eral cost of $50,167,500 and an estimated

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

15 (v) C–11 Impoundment and

16 Stormwater Treatment Area, at a total

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

18 Federal cost of $62,418,500 and an esti19 mated non-Federal cost of $62,418,500.

20 (vi) C–9 Impoundment and

21 Stormwater Treatment Area, at a total

22 cost of $89,146,000, with an estimated

23 Federal cost of $44,573,000 and an esti24 mated non-Federal cost of $44,573,000.
9

•S 2797 RS

1 (vii) Taylor Creek/Nubbin Slough

2 Storage and Treatment Area, at a total

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

4 Federal cost of $52,013,500 and an esti5 mated non-Federal cost of $52,013,500.

6 (viii) Raise and Bridge East Portion

7 of Tamiami Trail and Fill Miami Canal

8 within Water Conservation Area 3, at a

9 total cost of $26,946,000, with an esti10 mated Federal cost of $13,473,000 and an

11 estimated non-Federal cost of

12 $13,473,000.

13 (ix) North New River Improvements,

14 at a total cost of $77,087,000, with an es15 timated Federal cost of $38,543,500 and

16 an estimated non-Federal cost of

17 $38,543,500.

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

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

20 Federal cost of $47,017,500 and an esti21 mated non-Federal cost of $47,017,500.

22 (xi) Adaptive Assessment and Moni23 toring Program, at a total cost of

24 $100,000,000, with an estimated Federal
10

•S 2797 RS

1 cost of $50,000,000 and an estimated non2 Federal cost of $50,000,000.

3 (D) CONDITIONS.—

4 (i) PROJECT IMPLEMENTATION RE5 PORTS.—Before implementation of a

6 project described in any of clauses (i)

7 through (x) of subparagraph (C), the Sec8 retary shall review and approve for the

9 project a project implementation report

10 prepared in accordance with subsections (f)

11 and (h).

12 (ii) SUBMISSION OF REPORT.—The

13 Secretary shall submit to the Committee

14 on Transportation and Infrastructure of

15 the House of Representatives and the

16 Committee on Environment and Public

17 Works of the Senate the project implemen18 tation report required by subsections (f)

19 and (h) for each project under this para20 graph (including all relevant data and in21 formation on all costs).

22 (iii) FUNDING CONTINGENT ON AP23 PROVAL.—No appropriation shall be made

24 to construct any project under this para25 graph if the project implementation report
11

•S 2797 RS

1 for the project has not been approved by

2 resolutions adopted by the Committee on

3 Transportation and Infrastructure of the

4 House of Representatives and the Com5 mittee on Environment and Public Works

6 of the Senate.

7 (iv) MODIFIED WATER DELIVERY.—

8 No appropriation shall be made to con9 struct the Water Conservation Area 3

10 Decompartmentalization and Sheetflow

11 Enhancement Project or the Central

12 Lakebelt Storage Project until the comple13 tion of the project to improve water deliv14 eries to Everglades National Park author15 ized by section 104 of the Everglades Na16 tional Park Protection and Expansion Act

17 of 1989 (16 U.S.C. 410r–8).

18 (E) MAXIMUM COST OF PROJECTS.—Sec19 tion 902 of the Water Resources Development

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

21 each project feature authorized under this sub22 section.

23 (c) ADDITIONAL PROGRAM AUTHORITY.—

24 (1) IN GENERAL.—To expedite implementation

25 of the Plan, the Secretary may implement modifica-
12

•S 2797 RS

1 tions to the Central and Southern Florida Project

2 that—

3 (A) are described in the Plan; and

4 (B) will produce a substantial benefit to

5 the restoration, preservation and protection of

6 the South Florida ecosystem.

7 (2) PROJECT IMPLEMENTATION REPORTS.—Be8 fore implementation of any project feature author9 ized under this subsection, the Secretary shall review

10 and approve for the project feature a project imple11 mentation report prepared in accordance with sub12 sections (f) and (h).

13 (3) FUNDING.—

14 (A) INDIVIDUAL PROJECT FUNDING.—

15 (i) FEDERAL COST.—The total Fed16 eral cost of each project carried out under

17 this subsection shall not exceed

18 $12,500,000.

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

20 each project carried out under this sub21 section shall not exceed $25,000,000.

22 (B) AGGREGATE FEDERAL COST.—The

23 total Federal cost of all projects carried out

24 under this subsection shall not exceed

25 $206,000,000
13

•S 2797 RS

1 (d) AUTHORIZATION OF FUTURE PROJECTS.—

2 (1) IN GENERAL.—Except for a project author3 ized by subsection (b) or (c), any project included in

4 the Plan shall require a specific authorization by

5 Congress.

6 (2) SUBMISSION OF REPORT.—Before seeking

7 congressional authorization for a project under para8 graph (1), the Secretary shall submit to Congress—

9 (A) a description of the project; and

10 (B) a project implementation report for

11 the project prepared in accordance with sub12 sections (f) and (h).

13 (e) COST SHARING.—

14 (1) FEDERAL SHARE.—The Federal share of

15 the cost of carrying out a project authorized by sub16 section (b), (c), or (d) shall be 50 percent.

17 (2) NON-FEDERAL RESPONSIBILITIES.—The

18 non-Federal sponsor with respect to a project de19 scribed in subsection (b), (c), or (d), shall be—

20 (A) responsible for all land, easements,

21 rights-of-way, and relocations necessary to im22 plement the Plan; and

23 (B) afforded credit toward the non-Federal

24 share of the cost of carrying out the project in

25 accordance with paragraph (5)(A).
14

•S 2797 RS

1 (3) FEDERAL ASSISTANCE.—

2 (A) IN GENERAL.—The non-Federal spon3 sor with respect to a project authorized by sub4 section (b), (c), or (d) may use Federal funds

5 for the purchase of any land, easement, rights6 of-way, or relocation that is necessary to carry

7 out the project if any funds so used are credited

8 toward the Federal share of the cost of the

9 project.

10 (B) AGRICULTURE FUNDS.—Funds pro11 vided to the non-Federal sponsor under any

12 programs such as the Conservation Restoration

13 and Enhancement Program (CREP) and the

14 Wetlands Reserve Program (WRP) for projects

15 in the Plan shall be credited toward the non16 Federal share of the cost of the Plan if the Sec17 retary of Agriculture certifies that the funds

18 provided may be used for that purpose.

19 (4) OPERATION AND MAINTENANCE.—Notwith20 standing section 528(e)(3) of the Water Resources

21 Development Act of 1996 (110 Stat. 3770), the non22 Federal sponsor shall be responsible for 50 percent

23 of the cost of operation, maintenance, repair, re24 placement, and rehabilitation activities authorized

25 under this section.
15

•S 2797 RS

1 (5) CREDIT.—

2 (A) IN GENERAL.—Notwithstanding sec3 tion 528(e)(4) of the Water Resources Develop4 ment Act of 1996 (110 Stat. 3770), and re5 gardless of the date of acquisition, the value of

6 lands or interests in lands and incidental costs

7 for land acquired by a non-Federal sponsor in

8 accordance with a project implementation re9 port for any project included in the Plan and

10 authorized by Congress shall be—

11 (i) included in the total cost of the

12 project; and

13 (ii) credited toward the non-Federal

14 share of the cost of the project.

15 (B) WORK.—The Secretary may provide

16 credit, including in-kind credit, toward the non17 Federal share for the reasonable cost of any

18 work performed in connection with a study,

19 preconstruction engineering and design, or con20 struction that is necessary for the implementa21 tion of the Plan, if—

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

23 completed during the period of design, as

24 defined in a design agreement between the

25 Secretary and the non-Federal sponsor; or
16

•S 2797 RS

1 (II) the credit is provided for work

2 completed during the period of construc3 tion, as defined in a project cooperation

4 agreement for an authorized project be5 tween the Secretary and the non-Federal

6 sponsor;

7 (ii) the design agreement or the

8 project cooperation agreement prescribes

9 the terms and conditions of the credit; and

10 (iii) the Secretary determines that the

11 work performed by the non-Federal spon12 sor is integral to the project.

13 (C) TREATMENT OF CREDIT BETWEEN

14 PROJECTS.—Any credit provided under this

15 paragraph may be carried over between author16 ized projects in accordance with subparagraph

17 (D).

18 (D) PERIODIC MONITORING.—

19 (i) IN GENERAL.—To ensure that the

20 contributions of the non-Federal sponsor

21 equal 50 percent proportionate share for

22 projects in the Plan, during each 5-year

23 period, beginning with commencement of

24 design of the Plan, the Secretary shall, for

25 each project—
17

•S 2797 RS

1 (I) monitor the non-Federal pro2 vision of cash, in-kind services, and

3 land; and

4 (II) manage, to the maximum ex5 tent practicable, the requirement of

6 the non-Federal sponsor to provide

7 cash, in-kind services, and land.

8 (ii) OTHER MONITORING.—The Sec9 retary shall conduct monitoring under

10 clause (i) separately for—

11 (I) the preconstruction engineer12 ing and design phase; and

13 (II) the construction phase.

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

15 land value and incidental costs) or work pro16 vided under this subsection shall be subject to

17 audit by the Secretary.

18 (f) EVALUATION OF PROJECTS.—

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

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

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

22 Secretary, in cooperation with the non-Federal spon23 sor, shall, after notice and opportunity for public

24 comment and in accordance with subsection (h),
18

•S 2797 RS

1 complete a project implementation report for the

2 project.

3 (2) PROJECT JUSTIFICATION.—

4 (A) IN GENERAL.—Notwithstanding sec5 tion 209 of the Flood Control Act of 1970 (42

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

7 in carrying out any activity authorized under

8 this section or any other provision of law to re9 store, preserve, or protect the South Florida

10 ecosystem, the Secretary may determine that—

11 (i) the activity is justified by the envi12 ronmental benefits derived by the South

13 Florida ecosystem; and

14 (ii) no further economic justification

15 for the activity is required, if the Secretary

16 determines that the activity is cost-effec17 tive.

18 (B) APPLICABILITY.—Subparagraph (A)

19 shall not apply to any separable element in20 tended to produce benefits that are predomi21 nantly unrelated to the restoration, preserva22 tion, and protection of the natural system.

23 (g) EXCLUSIONS AND LIMITATIONS.—The following

24 Plan components are not approved for implementation:

25 (1) WATER INCLUDED IN THE PLAN.—
19

•S 2797 RS

1 (A) IN GENERAL.—Any project that is de2 signed to implement the capture and use of the

3 approximately 245,000 acre-feet of water de4 scribed in section 7.7.2 of the Plan shall not be

5 implemented until such time as—

6 (i) the project-specific feasibility study

7 described in subparagraph (B) on the need

8 for and physical delivery of the approxi9 mately 245,000 acre-feet of water, con10 ducted by the Secretary, in cooperation

11 with the non-Federal sponsor, is com12 pleted;

13 (ii) the project is favorably rec14 ommended in a final report of the Chief of

15 Engineers; and

16 (iii) the project is authorized by Act

17 of Congress.

18 (B) PROJECT-SPECIFIC FEASIBILITY

19 STUDY.—The project-specific feasibility study

20 referred to in subparagraph (A) shall include—

21 (i) a comprehensive analysis of the

22 structural facilities proposed to deliver the

23 approximately 245,000 acre-feet of water

24 to the natural system;
20

•S 2797 RS

1 (ii) an assessment of the requirements

2 to divert and treat the water;

3 (iii) an assessment of delivery alter4 natives;

5 (iv) an assessment of the feasibility of

6 delivering the water downstream while

7 maintaining current levels of flood protec8 tion to affected property; and

9 (v) any other assessments that are de10 termined by the Secretary to be necessary

11 to complete the study.

12 (2) WASTEWATER TREATMENT REUSE.—

13 (A) IN GENERAL.—On completion and

14 evaluation of the wastewater treatment reuse

15 pilot project described in subsection

16 (b)(2)(B)(iv), the Secretary, in an appropriately

17 timed 5-year report, shall describe the results of

18 the evaluation of advanced wastewater treat19 ment reuse in meeting, in a cost effective man20 ner, the requirements of restoration of the nat21 ural system.

22 (B) SUBMISSION.—The Secretary shall

23 submit to Congress the report described in sub24 paragraph (A) before congressional authoriza-
21

•S 2797 RS

1 tion for advanced wastewater treatment reuse is

2 sought.

3 (3) PROJECTS APPROVED WITH LIMITATIONS.—

4 The following projects in the Plan are approved for

5 implementation with limitations:

6 (A) LOXAHATCHEE NATIONAL WILDLIFE

7 REFUGE.—The Federal share for land acquisi8 tion in the project to enhance existing wetland

9 systems along the Loxahatchee National Wild10 life Refuge, including the Stazzulla tract,

11 should be funded through the budget of the De12 partment of the Interior.

13 (B) SOUTHERN CORKSCREW REGIONAL

14 ECOSYSTEM.—The Southern Corkscrew regional

15 ecosystem watershed addition should be accom16 plished outside the scope of the Plan.

17 (h) ASSURANCE OF PROJECT BENEFITS.—

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

19 the Plan is the restoration, preservation, and protec20 tion of the South Florida Ecosystem while providing

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

22 water supply and flood protection. The Plan shall be

23 implemented to ensure the protection of water qual24 ity in, the reduction of the loss of fresh water from,

25 the improvement of the environment of the South
22

•S 2797 RS

1 Florida Ecosystem and to achieve and maintain the

2 benefits to the natural system and human environ3 ment described in the Plan, and required pursuant

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

5 (2) AGREEMENT.—

6 (A) IN GENERAL.—No appropriation shall

7 be made for the construction of a project con8 tained in the Plan until the President and the

9 Governor enter into a binding agreement under

10 which the State, shall ensure, by regulation or

11 other appropriate means, that water made

12 available under the Plan for the restoration of

13 the natural system is available as specified in

14 the Plan.

15 (B) ENFORCEMENT.—

16 (i) IN GENERAL.—Any person or enti17 ty that is aggrieved by a failure of the

18 President or the Governor to comply with

19 any provision of the agreement entered

20 into under subparagraph (A) may bring a

21 civil action in United States district court

22 for an injunction directing the President or

23 the Governor, as the case may be, to com24 ply with the agreement, or for other appro25 priate relief.
23

•S 2797 RS

1 (ii) LIMITATIONS ON COMMENCEMENT

2 OF CIVIL ACTION.—No civil action may be

3 commenced under clause (i)—

4 (I) before the date that is 60

5 days after the Secretary receives writ6 ten notice of a failure to comply with

7 the agreement; or

8 (II) if the United States has

9 commenced and is diligently pros10 ecuting an action in a court of the

11 United States or a State to redress a

12 failure to comply with the agreement.

13 (3) PROGRAMMATIC REGULATIONS.—

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

15 after the date of enactment of this Act, the Sec16 retary shall, after notice and opportunity for

17 public comment—

18 (i) with the concurrence of—

19 (I) the Governor; and

20 (II) the Secretary of the Interior;

21 and

22 (ii) in consultation with—

23 (I) the Seminole Tribe of Flor24 ida;
24

•S 2797 RS

1 (II) the Miccosukee Tribe of In2 dians of Florida;

3 (III) the Administrator of the

4 Environmental Protection Agency;

5 (IV) the Secretary of Commerce;

6 and

7 (V) other Federal, State, and

8 local agencies;

9 promulgate programmatic regulations to ensure

10 that the goals and purposes of the Plan are

11 achieved.

12 (B) CONTENT OF REGULATIONS.—Pro13 grammatic regulations promulgated under this

14 paragraph shall establish a process to—

15 (i) provide guidance for the develop16 ment of project implementation reports,

17 project cooperation agreements, and oper18 ating manuals that ensure that the goals

19 and objectives of the Plan are achieved;

20 (ii) ensure that new information re21 sulting from changed or unforeseen cir22 cumstances, new scientific or technical in23 formation or information that is developed

24 through the principles of adaptive manage25 ment contained in the Plan, or future au-
25

•S 2797 RS

1 thorized changes to the Plan are integrated

2 into the implementation of the Plan; and

3 (iii) ensure the protection of the nat4 ural system consistent with the goals and

5 purposes of the Plan; and.

6 (iv) include a mechanism for dispute

7 resolution to resolve any conflicts between

8 the Secretary and the non-Federal sponsor.

9 (C) SCHEDULE AND TRANSITION RULE.—

10 (i) IN GENERAL.—All project imple11 mentation reports approved before the date

12 of promulgation of the programmatic regu13 lations shall be consistent with the Plan.

14 (ii) PREAMBLE.—The preamble of the

15 programmatic regulations shall include a

16 statement concerning the consistency with

17 the programmatic regulations of any

18 project implementation reports that were

19 approved before the date of promulgation

20 of the regulations.

21 (D) REVIEW OF PROGRAMMATIC REGULA22 TIONS.—Whenever necessary to attain Plan

23 goals and purposes, but not less often than

24 every 5 years, the Secretary, in accordance with

25 subparagraph (A), shall review the pro-
26

•S 2797 RS

1 grammatic regulations promulgated under this

2 paragraph.

3 (4) PROJECT-SPECIFIC ASSURANCES.—

4 (A) PROJECT IMPLEMENTATION RE5 PORTS.—

6 (i) IN GENERAL.—The Secretary and

7 the non-Federal sponsor shall develop

8 project implementation reports in accord9 ance with section 10.3.1 of the Plan.

10 (ii) COORDINATION.—In developing a

11 project implementation report, the Sec12 retary and the non-Federal sponsor shall

13 coordinate with appropriate Federal, State,

14 tribal, and local governments.

15 (iii) REQUIREMENTS.—A project im16 plementation report shall—

17 (I) be consistent with the Plan

18 and the programmatic regulations

19 promulgated under paragraph (3);

20 (II) describe how each of the re21 quirements stated in paragraph

22 (3)(B) is satisfied;

23 (III) comply with the National

24 Environmental Policy Act of 1969 (42

25 U.S.C. 4321 et seq.);
27

•S 2797 RS

1 (IV) identify the appropriate

2 quantity, timing, and distribution of

3 water dedicated and managed for the

4 natural system;

5 (V) identify the amount of water

6 to be reserved or allocated for the nat7 ural system necessary to implement,

8 under State law, subclauses (IV) and

9 (VI);

10 (VI) comply with applicable

11 water quality standards and applicable

12 water quality permitting requirements

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

14 (VII) be based on the best avail15 able science; and

16 (VIII) include an analysis con17 cerning the cost-effectiveness and en18 gineering feasibility of the project.

19 (B) PROJECT COOPERATION AGREE20 MENTS.—

21 (i) IN GENERAL.—The Secretary and

22 the non-Federal sponsor shall execute

23 project cooperation agreements in accord24 ance with section 10 of the Plan.
28

•S 2797 RS

1 (ii) CONDITION.—The Secretary shall

2 not execute a project cooperation agree3 ment until any reservation or allocation of

4 water for the natural system identified in

5 the project implementation report is exe6 cuted under State law.

7 (C) OPERATING MANUALS.—

8 (i) IN GENERAL.—The Secretary and

9 the non-Federal sponsor shall develop and

10 issue, for each project or group of projects,

11 an operating manual that is consistent

12 with the water reservation or allocation for

13 the natural system described in the project

14 implementation report and the project co15 operation agreement for the project or

16 group of projects.

17 (ii) MODIFICATIONS.—Any significant

18 modification by the Secretary and the non19 Federal sponsor to an operating manual

20 after the operating manual is issued shall

21 only be carried out subject to notice and

22 opportunity for public comment.

23 (5) SAVINGS CLAUSE.—

24 (A) EXISTING WATER USERS.—The Sec25 retary shall ensure that the implementation of
29

•S 2797 RS

1 the Plan, including physical or operational

2 modifications to the Central and Southern Flor3 ida Project, does not cause significant adverse

4 impact on existing legal water users,

5 including—

6 (i) water legally allocated or provided

7 through entitlements to the Seminole Tribe

8 of Florida under section 7 of the Seminole

9 Indian Land Claims Settlement Act of

10 1987 (25 U.S.C. 1772e);

11 (ii) the Miccosukee Tribe of Indians

12 of Florida;

13 (iii) annual water deliveries to Ever14 glades National Park;

15 (iv) water for the preservation of fish

16 and wildlife in the natural system; and

17 (v) any other legal user, as provided

18 under Federal or State law in existence on

19 the date of enactment of this Act.

20 (B) NO ELIMINATION.—Until a new source

21 of water supply of comparable quantity and

22 quality is available to replace the water to be

23 lost as a result of implementation of the Plan,

24 the Secretary shall not eliminate existing legal

25 sources of water, including those for—
30

•S 2797 RS

1 (i) an agricultural or urban water

2 supply;

3 (ii) allocation or entitlement to the

4 Seminole Indian Tribe of Florida under

5 section 7 of the Seminole Indian Land

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

7 1772e);

8 (iii) the Miccosukee Tribe of Indians

9 of Florida;

10 (iv) Everglades National Park; or

11 (v) the preservation of fish and wild12 life.

13 (C) MAINTENANCE OF FLOOD PROTEC14 TION.—The Secretary shall maintain authorized

15 levels of flood protection in existence on the

16 date of enactment of this Act, in accordance

17 with current applicable law.

18 (D) NO EFFECT ON STATE LAW.—Nothing

19 in this Act prevents the State from allocating or

20 reserving water, as provided under State law, to

21 the extent consistent with this Act.

22 (E) NO EFFECT ON TRIBAL COMPACT.—

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

24 otherwise abrogates rights of the Seminole In25 dian Tribe of Florida under the compact among
31

•S 2797 RS

1 the Seminole Tribe of Florida, the State, and

2 the South Florida Water Management District,

3 defining the scope and use of water rights of

4 the Seminole Tribe of Florida, as codified by

5 section 7 of the Seminole Indian Land Claims

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

7 (i) DISPUTE RESOLUTION.—

8 (1) IN GENERAL.—The Secretary and the Gov9 ernor shall within 180 days from the date of enact10 ment of this Act develop an agreement for resolving

11 disputes between the Corps of Engineers and the State

12 associated with the implementation of the Plan. Such

13 agreement shall establish a mechanism for the timely

14 and efficient resolution of disputes, including—

15 (A) a preference for the resolution of dis16 putes between the Jacksonville District of the

17 Corps of Engineers and the South Florida Water

18 Management District;

19 (B) a mechanism for the Jacksonville Dis20 trict of the Corps of Engineers or the South Flor21 ida Water Management District to initiate the

22 dispute resolution process for unresolved issues;

23 (C) the establishment of appropriate time24 frames and intermediate steps for the elevation of

25 disputes to the Governor and the Secretary; and
32

•S 2797 RS

1 (D) a mechanism for the final resolution of

2 disputes, within 180 days from the date that the

3 dispute resolution process is initiated under sub4 paragraph (B).

5 (2) CONDITION FOR REPORT APPROVAL.—The

6 Secretary shall not approve a project implementation

7 report under this Act until the agreement established

8 under this subsection has been executed.

9 (3) NO EFFECT ON LAW.—Nothing in the agree10 ment established under this subsection shall alter or

11 amend any existing Federal or State law.

12 (i)(j) INDEPENDENT SCIENTIFIC REVIEW.—

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

14 of the Interior, and the State, in consultation with

15 the South Florida Ecosystem Restoration Task

16 Force, shall establish an independent scientific re17 view panel convened by a body, such as the National

18 Academy of Sciences, to review the Plan’s progress

19 toward achieving the natural system restoration

20 goals of the Plan.

21 (2) REPORT.—The panel described in para22 graph (1) shall produce a biennial report to Con23 gress, the Secretary, the Secretary of the Interior,

24 and the State of Florida that includes an assessment

25 of ecological indicators and other measures of
33

•S 2797 RS

1 progress in restoring the ecology of the natural sys2 tem, based on the Plan.

3 (j)(k) OUTREACH AND ASSISTANCE.—

4 (1) SMALL BUSINESS CONCERNS OWNED AND

5 OPERATED BY SOCIALLY AND ECONOMICALLY DIS6 ADVANTAGED INDIVIDUALS.—In executing the Plan,

7 the Secretary shall ensure that small business con8 cerns owned and controlled by socially and economi9 cally disadvantaged individuals are provided oppor10 tunities to participate under section 15(g) of the

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

12 (2) COMMUNITY OUTREACH AND EDUCATION.—

13 (A) IN GENERAL.—The Secretary shall en14 sure that impacts on socially and economically

15 disadvantaged individuals, including individuals

16 with limited English proficiency, and commu17 nities are considered during implementation of

18 the Plan, and that such individuals have oppor19 tunities to review and comment on its imple20 mentation.

21 (B) PROVISION OF OPPORTUNITIES.—The

22 Secretary shall ensure, to the maximum extent

23 practicable, that public outreach and edu24 cational opportunities are provided to the indi25 viduals of South Florida, including individuals
34

•S 2797 RS

1 with limited English proficiency, and in par2 ticular for socially and economically disadvan3 taged communities.

4 (k)(l) REPORT TO CONGRESS.—Beginning on Octo5 ber 1, 2005, and periodically thereafter until October 1,

6 2036, the Secretary and the Secretary of the Interior, in

7 consultation with the Environmental Protection Agency,

8 the Department of Commerce, and the State of Florida,

9 shall jointly submit to Congress a report on the implemen10 tation of the Plan. Such reports shall be completed not

11 less often than every 5 years. Such reports shall include

12 a description of planning, design, and construction work

13 completed, the amount of funds expended during the pe14 riod covered by the report (including a detailed analysis

15 of the funds expended for adaptive assessment under sub16 section (b)(2)(C)(xi)), and the work anticipated over the

17 next 5-year period. In addition, each report shall include—

18 (1) the determination of each Secretary, and

19 the Administrator of the Environmental Protection

20 Agency, concerning the benefits to the natural sys21 tem and the human environment achieved as of the

22 date of the report and whether the completed

23 projects of the Plan are being operated in a manner

24 that is consistent with the requirements of sub25 section (h); and
35

•S 2797 RS

1 (2) a review of the activities performed by the

2 Secretary under subsection (j)(k) as they relate to

3 socially and economically disadvantaged individuals

4 and individuals with limited English proficiency.
Calendar No. 730

106TH CONGRESS

2D SESSION S. 2797

[Report No. 106–363]

A BILL

To authorize a comprehensive Everglades

restoration plan.

JULY 27, 2000

Reported with amendments