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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2797 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring the Everglades, an 
American Legacy Act''.

SEC. 2. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

    (a) Definitions.--In this section:
            (1) Central and southern florida project.--
                    (A) In general.--The term ``Central and Southern 
                Florida Project'' means the project for Central and 
                Southern Florida authorized under the heading ``central 
                and southern florida'' in section 203 of the Flood 
                Control Act of 1948 (62 Stat. 1176).
                    (B) Inclusion.--The term ``Central and Southern 
                Florida Project'' includes any modification to the 
                project authorized by this Act or any other provision 
                of law.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State.
            (3) Natural system.--
                    (A) In general.--The term ``natural system'' means 
                all land and water managed by the Federal Government or 
                the State within the South Florida ecosystem.
                    (B) Inclusions.--The term ``natural system'' 
                includes--
                            (i) water conservation areas;
                            (ii) sovereign submerged land;
                            (iii) Everglades National Park;
                            (iv) Biscayne National Park;
                            (v) Big Cypress National Preserve;
                            (vi) other Federal or State (including a 
                        political subdivision of a State) land that is 
                        designated and managed for conservation 
                        purposes; and
                            (vii) any tribal land that is designated 
                        and managed for conservation purposes, as 
                        approved by the tribe.
            (4) Plan.--The term ``Plan'' means the Comprehensive 
        Everglades Restoration Plan contained in the ``Final Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement'', dated April 1, 1999, as modified by this Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            <DELETED>(5)</DELETED>(6) South florida ecosystem.--
                    (A) In general.--The term ``South Florida 
                ecosystem'' means the area consisting of the land and 
                water within the boundary of the South Florida Water 
                Management District in effect on July 1, 1999.
                    (B) Inclusions.--The term ``South Florida 
                ecosystem'' includes--
                            (i) the Everglades;
                            (ii) the Florida Keys; and
                            (iii) the contiguous near-shore coastal 
                        water of South Florida.
            <DELETED>(6)</DELETED>(7) State.--The term ``State'' means 
        the State of Florida.
    (b) Comprehensive Everglades Restoration Plan.--
            (1) Approval.--
                    (A) In general.--Except as modified by this Act, 
                the Plan is approved as a framework for modifications 
                and operational changes to the Central and Southern 
                Florida Project that are needed to--
                            (i) restore, preserve and protect the South 
                        Florida ecosystem;
                            (ii) provide for the protection of water 
                        quality in, and the reduction of the loss of 
                        fresh water from, the Everglades; and
                            (iii) provide for the water-related needs 
                        of the region, including--
                                    (I) flood control;
                                    (II) the enhancement of water 
                                supplies; and
                                    (III) other objectives served by 
                                the Central and Southern Florida 
                                Project.
                    (B) Integration.--In carrying out the Plan, the 
                Secretary shall integrate the activities described in 
                subparagraph (A) with ongoing Federal and State 
                projects and activities in accordance with section 
                528(c) of the Water Resources Development Act of 1996 
                (110 Stat. 3769).
            (2) Specific authorizations.--
                    (A) In general.--
                            (i) Projects.--The Secretary shall carry 
                        out the projects included in the Plan in 
                        accordance with subparagraphs (B), (C), (D) and 
                        (E).
                            (ii) Considerations.--In carrying out 
                        activities described in the Plan, the Secretary 
                        shall--
                                    (I) take into account the 
                                protection of water quality by 
                                considering applicable State water 
                                quality standards; and
                                    (II) include such features as the 
                                Secretary determines are necessary to 
                                ensure that all ground water and 
                                surface water discharges from any 
                                project feature authorized by this 
                                subsection will meet all applicable 
                                water quality standards and applicable 
                                water quality permitting requirements.
                            (iii) Review and comment.--In developing 
                        the projects authorized under subparagraph (B), 
                        the Secretary shall provide for public review 
                        and comment in accordance with applicable 
                        Federal law.
                    (B) Pilot projects.--The following pilot projects 
                are authorized for implementation, after review and 
                approval by the Secretary, subject to the conditions in 
                subparagraph (D), at a total cost of $69,000,000, with 
                an estimated Federal cost of $34,500,000 and an 
                estimated non-Federal cost of $34,500,000:
                            (i) Caloosahatchee River (C-43) Basin ASR, 
                        at a total cost of $6,000,000, with an 
                        estimated Federal cost of $3,000,000 and an 
                        estimated non-Federal cost of $3,000,000.
                            (ii) Lake Belt In-Ground Reservoir 
                        Technology, at a total cost of $23,000,000, 
                        with an estimated Federal cost of $11,500,000 
                        and an estimated non-Federal cost of 
                        $11,500,000.
                            (iii) L-31N Seepage Management, at a total 
                        cost of $10,000,000, with an estimated Federal 
                        cost of $5,000,000 and an estimated non-Federal 
                        cost of $5,000,000.
                            (iv) Wastewater Reuse Technology, at a 
                        total cost of $30,000,000, with an estimated 
                        Federal cost of $15,000,000 and an estimated 
                        non-Federal cost of $15,000,000.
                    (C) Initial projects.--The following projects are 
                authorized for implementation, after review and 
                approval by the Secretary, subject to the conditions 
                stated in subparagraph (D), at a total cost of 
                $1,100,918,000, with an estimated Federal cost of 
                $550,459,000 and an estimated non-Federal cost of 
                $550,459,000:
                            (i) C-44 Basin Storage Reservoir, at a 
                        total cost of $112,562,000, with an estimated 
                        Federal cost of $56,281,000 and an estimated 
                        non-Federal cost of $56,281,000.
                            (ii) Everglades Agricultural Area Storage 
                        Reservoirs--Phase I, at a total cost of 
                        $233,408,000, with an estimated Federal cost of 
                        $116,704,000 and an estimated non-Federal cost 
                        of $116,704,000.
                            (iii) Site 1 Impoundment, at a total cost 
                        of $38,535,000, with an estimated Federal cost 
                        of $19,267,500 and an estimated non-Federal 
                        cost of $19,267,500.
                            (iv) Water Conservation Areas 3A/3B Levee 
                        Seepage Management, at a total cost of 
                        $100,335,000, with an estimated Federal cost of 
                        $50,167,500 and an estimated non-Federal cost 
                        of $50,167,500.
                            (v) C-11 Impoundment and Stormwater 
                        Treatment Area, at a total cost of 
                        $124,837,000, with an estimated Federal cost of 
                        $62,418,500 and an estimated non-Federal cost 
                        of $62,418,500.
                            (vi) C-9 Impoundment and Stormwater 
                        Treatment Area, at a total cost of $89,146,000, 
                        with an estimated Federal cost of $44,573,000 
                        and an estimated non-Federal cost of 
                        $44,573,000.
                            (vii) Taylor Creek/Nubbin Slough Storage 
                        and Treatment Area, at a total cost of 
                        $104,027,000, with an estimated Federal cost of 
                        $52,013,500 and an estimated non-Federal cost 
                        of $52,013,500.
                            (viii) Raise and Bridge East Portion of 
                        Tamiami Trail and Fill Miami Canal within Water 
                        Conservation Area 3, at a total cost of 
                        $26,946,000, with an estimated Federal cost of 
                        $13,473,000 and an estimated non-Federal cost 
                        of $13,473,000.
                            (ix) North New River Improvements, at a 
                        total cost of $77,087,000, with an estimated 
                        Federal cost of $38,543,500 and an estimated 
                        non-Federal cost of $38,543,500.
                            (x) C-111 Spreader Canal, at a total cost 
                        of $94,035,000, with an estimated Federal cost 
                        of $47,017,500 and an estimated non-Federal 
                        cost of $47,017,500.
                            (xi) Adaptive Assessment and Monitoring 
                        Program, at a total cost of $100,000,000, with 
                        an estimated Federal cost of $50,000,000 and an 
                        estimated non-Federal cost of $50,000,000.
                    (D) Conditions.--
                            (i) Project implementation reports.--Before 
                        implementation of a project described in any of 
                        clauses (i) through (x) of subparagraph (C), 
                        the Secretary shall review and approve for the 
                        project a project implementation report 
                        prepared in accordance with subsections (f) and 
                        (h).
                            (ii) Submission of report.--The Secretary 
                        shall submit to the Committee on Transportation 
                        and Infrastructure of the House of 
                        Representatives and the Committee on 
                        Environment and Public Works of the Senate the 
                        project implementation report required by 
                        subsections (f) and (h) for each project under 
                        this paragraph (including all relevant data and 
                        information on all costs).
                            (iii) Funding contingent on approval.--No 
                        appropriation shall be made to construct any 
                        project under this paragraph if the project 
                        implementation report for the project has not 
                        been approved by resolutions adopted by the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Environment and Public Works of 
                        the Senate.
                            (iv) Modified water delivery.--No 
                        appropriation shall be made to construct the 
                        Water Conservation Area 3 
                        Decompartmentalization and Sheetflow 
                        Enhancement Project or the Central Lakebelt 
                        Storage Project until the completion of the 
                        project to improve water deliveries to 
                        Everglades National Park authorized by section 
                        104 of the Everglades National Park Protection 
                        and Expansion Act of 1989 (16 U.S.C. 410r-8).
                    (E) Maximum cost of projects.--Section 902 of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                2280) shall apply to each project feature authorized 
                under this subsection.
    (c) Additional Program Authority.--
            (1) In general.--To expedite implementation of the Plan, 
        the Secretary may implement modifications to the Central and 
        Southern Florida Project that--
                    (A) are described in the Plan; and
                    (B) will produce a substantial benefit to the 
                restoration, preservation and protection of the South 
                Florida ecosystem.
            (2) Project implementation reports.--Before implementation 
        of any project feature authorized under this subsection, the 
        Secretary shall review and approve for the project feature a 
        project implementation report prepared in accordance with 
        subsections (f) and (h).
            (3) Funding.--
                    (A) Individual project funding.--
                            (i) Federal cost.--The total Federal cost 
                        of each project carried out under this 
                        subsection shall not exceed $12,500,000.
                            (ii) Overall cost.--The total cost of each 
                        project carried out under this subsection shall 
                        not exceed $25,000,000.
                    (B) Aggregate federal cost.--The total Federal cost 
                of all projects carried out under this subsection shall 
                not exceed $206,000,000
    (d) Authorization of Future Projects.--
            (1) In general.--Except for a project authorized by 
        subsection (b) or (c), any project included in the Plan shall 
        require a specific authorization by Congress.
            (2) Submission of report.--Before seeking congressional 
        authorization for a project under paragraph (1), the Secretary 
        shall submit to Congress--
                    (A) a description of the project; and
                    (B) a project implementation report for the project 
                prepared in accordance with subsections (f) and (h).
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project authorized by subsection (b), (c), or 
        (d) shall be 50 percent.
            (2) Non-federal responsibilities.--The non-Federal sponsor 
        with respect to a project described in subsection (b), (c), or 
        (d), shall be--
                    (A) responsible for all land, easements, rights-of-
                way, and relocations necessary to implement the Plan; 
                and
                    (B) afforded credit toward the non-Federal share of 
                the cost of carrying out the project in accordance with 
                paragraph (5)(A).
            (3) Federal assistance.--
                    (A) In general.--The non-Federal sponsor with 
                respect to a project authorized by subsection (b), (c), 
                or (d) may use Federal funds for the purchase of any 
                land, easement, rights-of-way, or relocation that is 
                necessary to carry out the project if any funds so used 
                are credited toward the Federal share of the cost of 
                the project.
                    (B) Agriculture funds.--Funds provided to the non-
                Federal sponsor under any programs such as the 
                Conservation Restoration and Enhancement Program (CREP) 
                and the Wetlands Reserve Program (WRP) for projects in 
                the Plan shall be credited toward the non-Federal share 
                of the cost of the Plan if the Secretary of Agriculture 
                certifies that the funds provided may be used for that 
                purpose.
            (4) Operation and maintenance.--Notwithstanding section 
        528(e)(3) of the Water Resources Development Act of 1996 (110 
        Stat. 3770), the non-Federal sponsor shall be responsible for 
        50 percent of the cost of operation, maintenance, repair, 
        replacement, and rehabilitation activities authorized under 
        this section.
            (5) Credit.--
                    (A) In general.--Notwithstanding section 528(e)(4) 
                of the Water Resources Development Act of 1996 (110 
                Stat. 3770), and regardless of the date of acquisition, 
                the value of lands or interests in lands and incidental 
                costs for land acquired by a non-Federal sponsor in 
                accordance with a project implementation report for any 
                project included in the Plan and authorized by Congress 
                shall be--
                            (i) included in the total cost of the 
                        project; and
                            (ii) credited toward the non-Federal share 
                        of the cost of the project.
                    (B) Work.--The Secretary may provide credit, 
                including in-kind credit, toward the non-Federal share 
                for the reasonable cost of any work performed in 
                connection with a study, preconstruction engineering 
                and design, or construction that is necessary for the 
                implementation of the Plan, if--
                            (i)(I) the credit is provided for work 
                        completed during the period of design, as 
                        defined in a design agreement between the 
                        Secretary and the non-Federal sponsor; or
                            (II) the credit is provided for work 
                        completed during the period of construction, as 
                        defined in a project cooperation agreement for 
                        an authorized project between the Secretary and 
                        the non-Federal sponsor;
                            (ii) the design agreement or the project 
                        cooperation agreement prescribes the terms and 
                        conditions of the credit; and
                            (iii) the Secretary determines that the 
                        work performed by the non-Federal sponsor is 
                        integral to the project.
                    (C) Treatment of credit between projects.--Any 
                credit provided under this paragraph may be carried 
                over between authorized projects in accordance with 
                subparagraph (D).
                    (D) Periodic monitoring.--
                            (i) In general.--To ensure that the 
                        contributions of the non-Federal sponsor equal 
                        50 percent proportionate share for projects in 
                        the Plan, during each 5-year period, beginning 
                        with commencement of design of the Plan, the 
                        Secretary shall, for each project--
                                    (I) monitor the non-Federal 
                                provision of cash, in-kind services, 
                                and land; and
                                    (II) manage, to the maximum extent 
                                practicable, the requirement of the 
                                non-Federal sponsor to provide cash, 
                                in-kind services, and land.
                            (ii) Other monitoring.--The Secretary shall 
                        conduct monitoring under clause (i) separately 
                        for--
                                    (I) the preconstruction engineering 
                                and design phase; and
                                    (II) the construction phase.
                    (E) Audits.--Credit for land (including land value 
                and incidental costs) or work provided under this 
                subsection shall be subject to audit by the Secretary.
    (f) Evaluation of Projects.--
            (1) In general.--Before implementation of a project 
        authorized by subsection (c) or (d) or any of clauses (i) 
        through (x) of subsection (b)(2)(C), the Secretary, in 
        cooperation with the non-Federal sponsor, shall, after notice 
        and opportunity for public comment and in accordance with 
        subsection (h), complete a project implementation report for 
        the project.
            (2) Project justification.--
                    (A) In general.--Notwithstanding section 209 of the 
                Flood Control Act of 1970 (42 U.S.C. 1962-2) or any 
                other provision of law, in carrying out any activity 
                authorized under this section or any other provision of 
                law to restore, preserve, or protect the South Florida 
                ecosystem, the Secretary may determine that--
                            (i) the activity is justified by the 
                        environmental benefits derived by the South 
                        Florida ecosystem; and
                            (ii) no further economic justification for 
                        the activity is required, if the Secretary 
                        determines that the activity is cost-effective.
                    (B) Applicability.--Subparagraph (A) shall not 
                apply to any separable element intended to produce 
                benefits that are predominantly unrelated to the 
                restoration, preservation, and protection of the 
                natural system.
    (g) Exclusions and Limitations.--The following Plan components are 
not approved for implementation:
            (1) Water included in the plan.--
                    (A) In general.--Any project that is designed to 
                implement the capture and use of the approximately 
                245,000 acre-feet of water described in section 7.7.2 
                of the Plan shall not be implemented until such time 
                as--
                            (i) the project-specific feasibility study 
                        described in subparagraph (B) on the need for 
                        and physical delivery of the approximately 
                        245,000 acre-feet of water, conducted by the 
                        Secretary, in cooperation with the non-Federal 
                        sponsor, is completed;
                            (ii) the project is favorably recommended 
                        in a final report of the Chief of Engineers; 
                        and
                            (iii) the project is authorized by Act of 
                        Congress.
                    (B) Project-specific feasibility study.--The 
                project-specific feasibility study referred to in 
                subparagraph (A) shall include--
                            (i) a comprehensive analysis of the 
                        structural facilities proposed to deliver the 
                        approximately 245,000 acre-feet of water to the 
                        natural system;
                            (ii) an assessment of the requirements to 
                        divert and treat the water;
                            (iii) an assessment of delivery 
                        alternatives;
                            (iv) an assessment of the feasibility of 
                        delivering the water downstream while 
                        maintaining current levels of flood protection 
                        to affected property; and
                            (v) any other assessments that are 
                        determined by the Secretary to be necessary to 
                        complete the study.
            (2) Wastewater <DELETED>treatment</DELETED> reuse.--
                    (A) In general.--On completion and evaluation of 
                the wastewater <DELETED>treatment</DELETED> reuse pilot 
                project described in subsection (b)(2)(B)(iv), the 
                Secretary, in an appropriately timed 5-year report, 
                shall describe the results of the evaluation of 
                advanced wastewater <DELETED>treatment</DELETED> reuse 
                in meeting, in a cost effective manner, the 
                requirements of restoration of the natural system.
                    (B) Submission.--The Secretary shall submit to 
                Congress the report described in subparagraph (A) 
                before congressional authorization for advanced 
                wastewater <DELETED>treatment</DELETED> reuse is 
                sought.
            (3) Projects approved with limitations.--The following 
        projects in the Plan are approved for implementation with 
        limitations:
                    (A) Loxahatchee national wildlife refuge.--The 
                Federal share for land acquisition in the project to 
                enhance existing wetland systems along the Loxahatchee 
                National Wildlife Refuge, including the Stazzulla 
                tract, should be funded through the budget of the 
                Department of the Interior.
                    (B) Southern corkscrew regional ecosystem.--The 
                Southern Corkscrew regional ecosystem watershed 
                addition should be accomplished outside the scope of 
                the Plan.
    (h) Assurance of Project Benefits.--
            (1) In general.--The overarching objective of the Plan is 
        the restoration, preservation, and protection of the South 
        Florida Ecosystem while providing for other water-related needs 
        of the region, including water supply and flood protection. The 
        Plan shall be implemented to ensure the protection of water 
        quality in, the reduction of the loss of fresh water from, the 
        improvement of the environment of the South Florida Ecosystem 
        and to achieve and maintain the benefits to the natural system 
        and human environment described in the Plan, and required 
        pursuant to this Act, for as long as the project is authorized.
            (2) Agreement.--
                    (A) In general.--No appropriation shall be made for 
                the construction of a project contained in the Plan 
                until the President and the Governor enter into a 
                binding agreement under which the State, shall ensure, 
                by regulation or other appropriate means, that water 
                made available under the Plan for the restoration of 
                the natural system is available as specified in the 
                Plan.
                    (B) Enforcement.--
                            (i) In general.--Any person or entity that 
                        is aggrieved by a failure of the President or 
                        the Governor to comply with any provision of 
                        the agreement entered into under subparagraph 
                        (A) may bring a civil action in United States 
                        district court for an injunction directing the 
                        President or the Governor, as the case may be, 
                        to comply with the agreement, or for other 
                        appropriate relief.
                            (ii) Limitations on commencement of civil 
                        action.--No civil action may be commenced under 
                        clause (i)--
                                    (I) before the date that is 60 days 
                                after the Secretary receives written 
                                notice of a failure to comply with the 
                                agreement; or
                                    (II) if the United States has 
                                commenced and is diligently prosecuting 
                                an action in a court of the United 
                                States or a State to redress a failure 
                                to comply with the agreement.
            (3) Programmatic regulations.--
                    (A) Issuance.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall, 
                after notice and opportunity for public comment--
                            (i) with the concurrence of--
                                    (I) the Governor; and
                                    (II) the Secretary of the Interior; 
                                and
                            (ii) in consultation with--
                                    (I) the Seminole Tribe of Florida;
                                    (II) the Miccosukee Tribe of 
                                Indians of Florida;
                                    (III) the Administrator of the 
                                Environmental Protection Agency;
                                    (IV) the Secretary of Commerce; and
                                    (V) other Federal, State, and local 
                                agencies;
                promulgate programmatic regulations to ensure that the 
                goals and purposes of the Plan are achieved.
                    (B) Content of regulations.--Programmatic 
                regulations promulgated under this paragraph shall 
                establish a process to--
                            (i) provide guidance for the development of 
                        project implementation reports, project 
                        cooperation agreements, and operating manuals 
                        that ensure that the goals and objectives of 
                        the Plan are achieved;
                            (ii) ensure that new information resulting 
                        from changed or unforeseen circumstances, new 
                        scientific or technical information or 
                        information that is developed through the 
                        principles of adaptive management contained in 
                        the Plan, or future authorized changes to the 
                        Plan are integrated into the implementation of 
                        the Plan; and
                            (iii) ensure the protection of the natural 
                        system consistent with the goals and purposes 
                        of the Plan<DELETED>; and</DELETED>.
                            <DELETED>(iv) include a mechanism for 
                        dispute resolution to resolve any conflicts 
                        between the Secretary and the non-Federal 
                        sponsor.
                </DELETED>    (C) Schedule and transition rule.--
                            (i) In general.--All project implementation 
                        reports approved before the date of 
                        promulgation of the programmatic regulations 
                        shall be consistent with the Plan.
                            (ii) Preamble.--The preamble of the 
                        programmatic regulations shall include a 
                        statement concerning the consistency with the 
                        programmatic regulations of any project 
                        implementation reports that were approved 
                        before the date of promulgation of the 
                        regulations.
                    (D) Review of programmatic regulations.--Whenever 
                necessary to attain Plan goals and purposes, but not 
                less often than every 5 years, the Secretary, in 
                accordance with subparagraph (A), shall review the 
                programmatic regulations promulgated under this 
                paragraph.
            (4) Project-specific assurances.--
                    (A) Project implementation reports.--
                            (i) In general.--The Secretary and the non-
                        Federal sponsor shall develop project 
                        implementation reports in accordance with 
                        section 10.3.1 of the Plan.
                            (ii) Coordination.--In developing a project 
                        implementation report, the Secretary and the 
                        non-Federal sponsor shall coordinate with 
                        appropriate Federal, State, tribal, and local 
                        governments.
                            (iii) Requirements.--A project 
                        implementation report shall--
                                    (I) be consistent with the Plan and 
                                the programmatic regulations 
                                promulgated under paragraph (3);
                                    (II) describe how each of the 
                                requirements stated in paragraph (3)(B) 
                                is satisfied;
                                    (III) comply with the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.);
                                    (IV) identify the appropriate 
                                quantity, timing, and distribution of 
                                water dedicated and managed for the 
                                natural system;
                                    (V) identify the amount of water to 
                                be reserved or allocated for the 
                                natural system necessary to implement, 
                                under State law, subclauses (IV) and 
                                (VI);
                                    (VI) comply with applicable water 
                                quality standards and applicable water 
                                quality permitting requirements under 
                                subsection (b)(2)(A)(ii);
                                    (VII) be based on the best 
                                available science; and
                                    (VIII) include an analysis 
                                concerning the cost-effectiveness and 
                                engineering feasibility of the project.
                    (B) Project cooperation agreements.--
                            (i) In general.--The Secretary and the non-
                        Federal sponsor shall execute project 
                        cooperation agreements in accordance with 
                        section 10 of the Plan.
                            (ii) Condition.--The Secretary shall not 
                        execute a project cooperation agreement until 
                        any reservation or allocation of water for the 
                        natural system identified in the project 
                        implementation report is executed under State 
                        law.
                    (C) Operating manuals.--
                            (i) In general.--The Secretary and the non-
                        Federal sponsor shall develop and issue, for 
                        each project or group of projects, an operating 
                        manual that is consistent with the water 
                        reservation or allocation for the natural 
                        system described in the project implementation 
                        report and the project cooperation agreement 
                        for the project or group of projects.
                            (ii) Modifications.--Any significant 
                        modification by the Secretary and the non-
                        Federal sponsor to an operating manual after 
                        the operating manual is issued shall only be 
                        carried out subject to notice and opportunity 
                        for public comment.
            (5) Savings clause.--
                    (A) Existing water users.--The Secretary shall 
                ensure that the implementation of the Plan, including 
                physical or operational modifications to the Central 
                and Southern Florida Project, does not cause 
                significant adverse impact on existing legal water 
                users, including--
                            (i) water legally allocated or provided 
                        through entitlements to the Seminole Tribe of 
                        Florida under section 7 of the Seminole Indian 
                        Land Claims Settlement Act of 1987 (25 U.S.C. 
                        1772e);
                            (ii) the Miccosukee Tribe of Indians of 
                        Florida;
                            (iii) annual water deliveries to Everglades 
                        National Park;
                            (iv) water for the preservation of fish and 
                        wildlife in the natural system; and
                            (v) any other legal user, as provided under 
                        Federal or State law in existence on the date 
                        of enactment of this Act.
                    (B) No elimination.--Until a new source of water 
                supply of comparable quantity and quality is available 
                to replace the water to be lost as a result of 
                implementation of the Plan, the Secretary shall not 
                eliminate existing legal sources of water, including 
                those for--
                            (i) an agricultural or urban water supply;
                            (ii) allocation or entitlement to the 
                        Seminole Indian Tribe of Florida under section 
                        7 of the Seminole Indian Land Claims Settlement 
                        Act of 1987 (25 U.S.C. 1772e);
                            (iii) the Miccosukee Tribe of Indians of 
                        Florida;
                            (iv) Everglades National Park; or
                            (v) the preservation of fish and wildlife.
                    (C) Maintenance of flood protection.--The Secretary 
                shall maintain authorized levels of flood protection in 
                existence on the date of enactment of this Act, in 
                accordance with <DELETED>current</DELETED> applicable 
                law.
                    (D) No effect on state law.--Nothing in this Act 
                prevents the State from allocating or reserving water, 
                as provided under State law, to the extent consistent 
                with this Act.
                    (E) No effect on tribal compact.--Nothing in this 
                Act amends, alters, prevents, or otherwise abrogates 
                rights of the Seminole Indian Tribe of Florida under 
                the compact among the Seminole Tribe of Florida, the 
                State, and the South Florida Water Management District, 
                defining the scope and use of water rights of the 
                Seminole Tribe of Florida, as codified by section 7 of 
                the Seminole Indian Land Claims Settlement Act of 1987 
                (25 U.S.C. 1772e).
    (i) Dispute Resolution.--
            (1) In general.--The Secretary and the Governor shall 
        within 180 days from the date of enactment of this Act develop 
        an agreement for resolving disputes between the Corps of 
        Engineers and the State associated with the implementation of 
        the Plan. Such agreement shall establish a mechanism for the 
        timely and efficient resolution of disputes, including--
                    (A) a preference for the resolution of disputes 
                between the Jacksonville District of the Corps of 
                Engineers and the South Florida Water Management 
                District;
                    (B) a mechanism for the Jacksonville District of 
                the Corps of Engineers or the South Florida Water 
                Management District to initiate the dispute resolution 
                process for unresolved issues;
                    (C) the establishment of appropriate timeframes and 
                intermediate steps for the elevation of disputes to the 
                Governor and the Secretary; and
                    (D) a mechanism for the final resolution of 
                disputes, within 180 days from the date that the 
                dispute resolution process is initiated under 
                subparagraph (B).
            (2) Condition for report approval.--The Secretary shall not 
        approve a project implementation report under this Act until 
        the agreement established under this subsection has been 
        executed.
            (3) No effect on law.--Nothing in the agreement established 
        under this subsection shall alter or amend any existing Federal 
        or State law.
    <DELETED>(i)</DELETED>(j) Independent Scientific Review.--
            (1) In general.--The Secretary, the Secretary of the 
        Interior, and the State, in consultation with the South Florida 
        Ecosystem Restoration Task Force, shall establish an 
        independent scientific review panel convened by a body, such as 
        the National Academy of Sciences, to review the Plan's progress 
        toward achieving the natural system restoration goals of the 
        Plan.
            (2) Report.--The panel described in paragraph (1) shall 
        produce a biennial report to Congress, the Secretary, the 
        Secretary of the Interior, and the State of Florida that 
        includes an assessment of ecological indicators and other 
        measures of progress in restoring the ecology of the natural 
        system, based on the Plan.
    <DELETED>(j)</DELETED>(k) Outreach and Assistance.--
            (1) Small business concerns owned and operated by socially 
        and economically disadvantaged individuals.--In executing the 
        Plan, the Secretary shall ensure that small business concerns 
        owned and controlled by socially and economically disadvantaged 
        individuals are provided opportunities to participate under 
        section 15(g) of the Small Business Act (15 U.S.C. 644(g)).
            (2) Community outreach and education.--
                    (A) In general.--The Secretary shall ensure that 
                impacts on socially and economically disadvantaged 
                individuals, including individuals with limited English 
                proficiency, and communities are considered during 
                implementation of the Plan, and that such individuals 
                have opportunities to review and comment on its 
                implementation.
                    (B) Provision of opportunities.--The Secretary 
                shall ensure, to the maximum extent practicable, that 
                public outreach and educational opportunities are 
                provided to the individuals of South Florida, including 
                individuals with limited English proficiency, and in 
                particular for socially and economically disadvantaged 
                communities.
    <DELETED>(k)</DELETED>(l) Report to Congress.--Beginning on October 
1, 2005, and periodically thereafter until October 1, 2036, the 
Secretary and the Secretary of the Interior, in consultation with the 
Environmental Protection Agency, the Department of Commerce, and the 
State of Florida, shall jointly submit to Congress a report on the 
implementation of the Plan. Such reports shall be completed not less 
often than every 5 years. Such reports shall include a description of 
planning, design, and construction work completed, the amount of funds 
expended during the period covered by the report (including a detailed 
analysis of the funds expended for adaptive assessment under subsection 
(b)(2)(C)(xi)), and the work anticipated over the next 5-year period. 
In addition, each report shall include--
            (1) the determination of each Secretary, and the 
        Administrator of the Environmental Protection Agency, 
        concerning the benefits to the natural system and the human 
        environment achieved as of the date of the report and whether 
        the completed projects of the Plan are being operated in a 
        manner that is consistent with the requirements of subsection 
        (h); and
            (2) a review of the activities performed by the Secretary 
        under subsection <DELETED>(j)</DELETED>(k) as they relate to 
        socially and economically disadvantaged individuals 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
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