II

106TH CONGRESS

2D SESSION S. 2797

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

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:

9 (1) CENTRAL AND SOUTHERN FLORIDA

10 PROJECT.—
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1 (A) IN GENERAL.—The term ‘‘Central and

2 Southern Florida Project’’ means the project

3 for Central and Southern Florida authorized

4 under the heading ‘‘CENTRAL AND SOUTHERN

5 FLORIDA’’ in section 203 of the Flood Control

6 Act of 1948 (62 Stat. 1176).

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

8 Southern Florida Project’’ includes any modi9 fication to the project authorized by this Act or

10 any other provision of law.

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

12 the Governor of the State.

13 (3) NATURAL SYSTEM.—

14 (A) IN GENERAL.—The term ‘‘natural sys15 tem’’ means all land and water managed by the

16 Federal Government or the State within the

17 South Florida ecosystem.

18 (B) INCLUSIONS.—The term ‘‘natural sys19 tem’’ includes—

20 (i) water conservation areas;

21 (ii) sovereign submerged land;

22 (iii) Everglades National Park;

23 (iv) Biscayne National Park;

24 (v) Big Cypress National Preserve;
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1 (vi) other Federal or State (including

2 a political subdivision of a State) land that

3 is designated and managed for conserva4 tion purposes; and

5 (vii) any tribal land that is designated

6 and managed for conservation purposes, as

7 approved by the tribe.

8 (4) PLAN.—The term ‘‘Plan’’ means the Com9 prehensive Everglades Restoration Plan contained in

10 the ‘‘Final Integrated Feasibility Report and Pro11 grammatic Environmental Impact Statement’’, dated

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

13 (5) SOUTH FLORIDA ECOSYSTEM.—

14 (A) IN GENERAL.—The term ‘‘South Flor15 ida ecosystem’’ means the area consisting of the

16 land and water within the boundary of the

17 South Florida Water Management District in

18 effect on July 1, 1999.

19 (B) INCLUSIONS.—The term ‘‘South Flor20 ida ecosystem’’ includes—

21 (i) the Everglades;

22 (ii) the Florida Keys; and

23 (iii) the contiguous near-shore coastal

24 water of South Florida.
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1 (6) STATE.—The term ‘‘State’’ means the State

2 of Florida.

3 (b) COMPREHENSIVE EVERGLADES RESTORATION

4 PLAN.—

5 (1) APPROVAL.—

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

7 this Act, the Plan is approved as a framework

8 for modifications and operational changes to

9 the Central and Southern Florida Project that

10 are needed to—

11 (i) restore, preserve and protect the

12 South Florida ecosystem;

13 (ii) provide for the protection of water

14 quality in, and the reduction of the loss of

15 fresh water from, the Everglades; and

16 (iii) provide for the water-related

17 needs of the region, including—

18 (I) flood control;

19 (II) the enhancement of water

20 supplies; and

21 (III) other objectives served by

22 the Central and Southern Florida

23 Project.

24 (B) INTEGRATION.—In carrying out the

25 Plan, the Secretary shall integrate the activities
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1 described in subparagraph (A) with ongoing

2 Federal and State projects and activities in ac3 cordance with section 528(c) of the Water Re4 sources Development Act of 1996 (110 Stat.

5 3769).

6 (2) SPECIFIC AUTHORIZATIONS.—

7 (A) IN GENERAL.—

8 (i) PROJECTS.—The Secretary shall

9 carry out the projects included in the Plan

10 in accordance with subparagraphs (B),

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

12 (ii) CONSIDERATIONS.—In carrying

13 out activities described in the Plan, the

14 Secretary shall—

15 (I) take into account the protec16 tion of water quality by considering

17 applicable State water quality stand18 ards; and

19 (II) include such features as the

20 Secretary determines are necessary to

21 ensure that all ground water and sur22 face water discharges from any

23 project feature authorized by this sub24 section will meet all applicable water
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1 quality standards and applicable water

2 quality permitting requirements.

3 (iii) REVIEW AND COMMENT.—In de4 veloping the projects authorized under sub5 paragraph (B), the Secretary shall provide

6 for public review and comment in accord7 ance with applicable Federal law.

8 (B) PILOT PROJECTS.—The following pilot

9 projects are authorized for implementation,

10 after review and approval by the Secretary, sub11 ject to the conditions in subparagraph (D), at

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

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

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

15 (i) Caloosahatchee River (C–43)

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

17 with an estimated Federal cost of

18 $3,000,000 and an estimated non-Federal

19 cost of $3,000,000.

20 (ii) Lake Belt In-Ground Reservoir

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

22 with an estimated Federal cost of

23 $11,500,000 and an estimated non-Federal

24 cost of $11,500,000.
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1 (iii) L–31N Seepage Management, at

2 a total cost of $10,000,000, with an esti3 mated Federal cost of $5,000,000 and an

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

5 (iv) Wastewater Reuse Technology, at

6 a total cost of $30,000,000, with an esti7 mated Federal cost of $15,000,000 and an

8 estimated non-Federal cost of

9 $15,000,000.

10 (C) INITIAL PROJECTS.—The following

11 projects are authorized for implementation,

12 after review and approval by the Secretary, sub13 ject to the conditions stated in subparagraph

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

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

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

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

18 a total cost of $112,562,000, with an esti19 mated Federal cost of $56,281,000 and an

20 estimated non-Federal cost of

21 $56,281,000.

22 (ii) Everglades Agricultural Area

23 Storage Reservoirs—Phase I, at a total

24 cost of $233,408,000, with an estimated
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1 Federal cost of $116,704,000 and an esti2 mated non-Federal cost of $116,704,000.

3 (iii) Site 1 Impoundment, at a total

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

5 Federal cost of $19,267,500 and an esti6 mated non-Federal cost of $19,267,500.

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

8 Levee Seepage Management, at a total cost

9 of $100,335,000, with an estimated Fed10 eral cost of $50,167,500 and an estimated

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

12 (v) C–11 Impoundment and

13 Stormwater Treatment Area, at a total

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

15 Federal cost of $62,418,500 and an esti16 mated non-Federal cost of $62,418,500.

17 (vi) C–9 Impoundment and

18 Stormwater Treatment Area, at a total

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

20 Federal cost of $44,573,000 and an esti21 mated non-Federal cost of $44,573,000.

22 (vii) Taylor Creek/Nubbin Slough

23 Storage and Treatment Area, at a total

24 cost of $104,027,000, with an estimated
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1 Federal cost of $52,013,500 and an esti2 mated non-Federal cost of $52,013,500.

3 (viii) Raise and Bridge East Portion

4 of Tamiami Trail and Fill Miami Canal

5 within Water Conservation Area 3, at a

6 total cost of $26,946,000, with an esti7 mated Federal cost of $13,473,000 and an

8 estimated non-Federal cost of

9 $13,473,000.

10 (ix) North New River Improvements,

11 at a total cost of $77,087,000, with an es12 timated Federal cost of $38,543,500 and

13 an estimated non-Federal cost of

14 $38,543,500.

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

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

17 Federal cost of $47,017,500 and an esti18 mated non-Federal cost of $47,017,500.

19 (xi) Adaptive Assessment and Moni20 toring Program, at a total cost of

21 $100,000,000, with an estimated Federal

22 cost of $50,000,000 and an estimated non23 Federal cost of $50,000,000.

24 (D) CONDITIONS.—
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1 (i) PROJECT IMPLEMENTATION RE2 PORTS.—Before implementation of a

3 project described in any of clauses (i)

4 through (x) of subparagraph (C), the Sec5 retary shall review and approve for the

6 project a project implementation report

7 prepared in accordance with subsections (f)

8 and (h).

9 (ii) SUBMISSION OF REPORT.—The

10 Secretary shall submit to the Committee

11 on Transportation and Infrastructure of

12 the House of Representatives and the

13 Committee on Environment and Public

14 Works of the Senate the project implemen15 tation report required by subsections (f)

16 and (h) for each project under this para17 graph (including all relevant data and in18 formation on all costs).

19 (iii) FUNDING CONTINGENT ON AP20 PROVAL.—No appropriation shall be made

21 to construct any project under this para22 graph if the project implementation report

23 for the project has not been approved by

24 resolutions adopted by the Committee on

25 Transportation and Infrastructure of the
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1 House of Representatives and the Com2 mittee on Environment and Public Works

3 of the Senate.

4 (iv) MODIFIED WATER DELIVERY.—

5 No appropriation shall be made to con6 struct the Water Conservation Area 3

7 Decompartmentalization and Sheetflow

8 Enhancement Project or the Central

9 Lakebelt Storage Project until the comple10 tion of the project to improve water deliv11 eries to Everglades National Park author12 ized by section 104 of the Everglades Na13 tional Park Protection and Expansion Act

14 of 1989 (16 U.S.C 410r–8).

15 (E) MAXIMUM COST OF PROJECTS.—Sec16 tion 902 of the Water Resources Development

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

18 each project feature authorized under this sub19 section.

20 (c) ADDITIONAL PROGRAM AUTHORITY.—

21 (1) IN GENERAL.—To expedite implementation

22 of the Plan, the Secretary may implement modifica23 tions to the Central and Southern Florida Project

24 that—

25 (A) are described in the Plan; and
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1 (B) will produce a substantial benefit to

2 the restoration, preservation and protection of

3 the South Florida ecosystem.

4 (2) PROJECT IMPLEMENTATION REPORTS.—Be5 fore implementation of any project feature author6 ized under this subsection, the Secretary shall review

7 and approve for the project feature a project imple8 mentation report prepared in accordance with sub9 sections (f) and (h).

10 (3) FUNDING.—

11 (A) INDIVIDUAL PROJECT FUNDING.—

12 (i) FEDERAL COST.—The total Fed13 eral cost of each project carried out under

14 this subsection shall not exceed

15 $12,500,000.

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

17 each project carried out under this sub18 section shall not exceed $25,000,000.

19 (B) AGGREGATE FEDERAL COST.—The

20 total Federal cost of all projects carried out

21 under this subsection shall not exceed

22 $206,000,000

23 (d) AUTHORIZATION OF FUTURE PROJECTS.—

24 (1) IN GENERAL.—Except for a project author25 ized by subsection (b) or (c), any project included in
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1 the Plan shall require a specific authorization by

2 Congress.

3 (2) SUBMISSION OF REPORT.—Before seeking

4 congressional authorization for a project under para5 graph (1), the Secretary shall submit to Congress—

6 (A) a description of the project; and

7 (B) a project implementation report for

8 the project prepared in accordance with sub9 sections (f) and (h).

10 (e) COST SHARING.—

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

12 the cost of carrying out a project authorized by sub13 section (b), (c), or (d) shall be 50 percent.

14 (2) NON-FEDERAL RESPONSIBILITIES.—The

15 non-Federal sponsor with respect to a project de16 scribed in subsection (b), (c), or (d), shall be—

17 (A) responsible for all land, easements,

18 rights-of-way, and relocations necessary to im19 plement the Plan; and

20 (B) afforded credit toward the non-Federal

21 share of the cost of carrying out the project in

22 accordance with paragraph (5)(A).

23 (3) FEDERAL ASSISTANCE.—

24 (A) IN GENERAL.—The non-Federal spon25 sor with respect to a project authorized by sub-
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1 section (b), (c), or (d) may use Federal funds

2 for the purchase of any land, easement, rights3 of-way, or relocation that is necessary to carry

4 out the project if any funds so used are credited

5 toward the Federal share of the cost of the

6 project.

7 (B) AGRICULTURE FUNDS.—Funds pro8 vided to the non-Federal sponsor under any

9 programs such as the Conservation Restoration

10 and Enhancement Program (CREP) and the

11 Wetlands Reserve Program (WRP) for projects

12 in the Plan shall be credited toward the non13 Federal share of the cost of the Plan if the Sec14 retary of Agriculture certifies that the funds

15 provided may be used for that purpose.

16 (4) OPERATION AND MAINTENANCE.—Notwith17 standing section 528(e)(3) of the Water Resources

18 Development Act of 1996 (110 Stat. 3770), the non19 Federal sponsor shall be responsible for 50 percent

20 of the cost of operation, maintenance, repair, re21 placement, and rehabilitation activities authorized

22 under this section.

23 (5) CREDIT.—

24 (A) IN GENERAL.—Notwithstanding sec25 tion 528(e)(4) of the Water Resources Develop-
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1 ment Act of 1996 (110 Stat. 3770), and re2 gardless of the date of acquisition, the value of

3 lands or interests in lands and incidental costs

4 for land acquired by a non-Federal sponsor in

5 accordance with a project implementation re6 port for any project included in the Plan and

7 authorized by Congress shall be—

8 (i) included in the total cost of the

9 project; and

10 (ii) credited toward the non-Federal

11 share of the cost of the project.

12 (B) WORK.—The Secretary may provide

13 credit, including in-kind credit, toward the non14 Federal share for the reasonable cost of any

15 work performed in connection with a study,

16 preconstruction engineering and design, or con17 struction that is necessary for the implementa18 tion of the Plan, if—

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

20 completed during the period of design, as

21 defined in a design agreement between the

22 Secretary and the non-Federal sponsor; or

23 (II) the credit is provided for work

24 completed during the period of construc25 tion, as defined in a project cooperation
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1 agreement for an authorized project be2 tween the Secretary and the non-Federal

3 sponsor;

4 (ii) the design agreement or the

5 project cooperation agreement prescribes

6 the terms and conditions of the credit; and

7 (iii) the Secretary determines that the

8 work performed by the non-Federal spon9 sor is integral to the project.

10 (C) TREATMENT OF CREDIT BETWEEN

11 PROJECTS.—Any credit provided under this

12 paragraph may be carried over between author13 ized projects in accordance with subparagraph

14 (D).

15 (D) PERIODIC MONITORING.—

16 (i) IN GENERAL.—To ensure that the

17 contributions of the non-Federal sponsor

18 equal 50 percent proportionate share for

19 projects in the Plan, during each 5-year

20 period, beginning with commencement of

21 design of the Plan, the Secretary shall, for

22 each project—

23 (I) monitor the non-Federal pro24 vision of cash, in-kind services, and

25 land; and
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1 (II) manage, to the maximum ex2 tent practicable, the requirement of

3 the non-Federal sponsor to provide

4 cash, in-kind services, and land.

5 (ii) OTHER MONITORING.—The Sec6 retary shall conduct monitoring under

7 clause (i) separately for—

8 (I) the preconstruction engineer9 ing and design phase; and

10 (II) the construction phase.

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

12 land value and incidental costs) or work pro13 vided under this subsection shall be subject to

14 audit by the Secretary.

15 (f) EVALUATION OF PROJECTS.—

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

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

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

19 Secretary, in cooperation with the non-Federal spon20 sor, shall, after notice and opportunity for public

21 comment and in accordance with subsection (h),

22 complete a project implementation report for the

23 project.

24 (2) PROJECT JUSTIFICATION.—
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1 (A) IN GENERAL.—Notwithstanding sec2 tion 209 of the Flood Control Act of 1970 (42

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

4 in carrying out any activity authorized under

5 this section or any other provision of law to re6 store, preserve, or protect the South Florida

7 ecosystem, the Secretary may determine that—

8 (i) the activity is justified by the envi9 ronmental benefits derived by the South

10 Florida ecosystem; and

11 (ii) no further economic justification

12 for the activity is required, if the Secretary

13 determines that the activity is cost-effec14 tive.

15 (B) APPLICABILITY.—Subparagraph (A)

16 shall not apply to any separable element in17 tended to produce benefits that are predomi18 nantly unrelated to the restoration, preserva19 tion, and protection of the natural system.

20 (g) EXCLUSIONS AND LIMITATIONS.—The following

21 Plan components are not approved for implementation:

22 (1) WATER INCLUDED IN THE PLAN.—

23 (A) IN GENERAL.—Any project that is de24 signed to implement the capture and use of the

25 approximately 245,000 acre-feet of water de-
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1 scribed in section 7.7.2 of the Plan shall not be

2 implemented until such time as—

3 (i) the project-specific feasibility study

4 described in subparagraph (B) on the need

5 for and physical delivery of the approxi6 mately 245,000 acre-feet of water, con7 ducted by the Secretary, in cooperation

8 with the non-Federal sponsor, is com9 pleted;

10 (ii) the project is favorably rec11 ommended in a final report of the Chief of

12 Engineers; and

13 (iii) the project is authorized by Act

14 of Congress.

15 (B) PROJECT-SPECIFIC FEASIBILITY

16 STUDY.—The project-specific feasibility study

17 referred to in subparagraph (A) shall include—

18 (i) a comprehensive analysis of the

19 structural facilities proposed to deliver the

20 approximately 245,000 acre-feet of water

21 to the natural system;

22 (ii) an assessment of the requirements

23 to divert and treat the water;

24 (iii) an assessment of delivery alter25 natives;
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1 (iv) an assessment of the feasibility of

2 delivering the water downstream while

3 maintaining current levels of flood protec4 tion to affected property; and

5 (v) any other assessments that are de6 termined by the Secretary to be necessary

7 to complete the study.

8 (2) WASTEWATER TREATMENT.—

9 (A) IN GENERAL.—On completion and

10 evaluation of the wastewater treatment pilot

11 project described in subsection (b)(2)(B)(iv),

12 the Secretary, in an appropriately timed 5-year

13 report, shall describe the results of the evalua14 tion of advanced wastewater treatment in meet15 ing, in a cost effective manner, the require16 ments of restoration of the natural system.

17 (B) SUBMISSION.—The Secretary shall

18 submit to Congress the report described in sub19 paragraph (A) before congressional authoriza20 tion for advanced wastewater treatment is

21 sought.

22 (3) PROJECTS APPROVED WITH LIMITATIONS.—

23 The following projects in the Plan are approved for

24 implementation with limitations:
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1 (A) LOXAHATCHEE NATIONAL WILDLIFE

2 REFUGE.—The Federal share for land acquisi3 tion in the project to enhance existing wetland

4 systems along the Loxahatchee National Wild5 life Refuge, including the Stazzulla tract,

6 should be funded through the budget of the De7 partment of the Interior.

8 (B) SOUTHERN CORKSCREW REGIONAL

9 ECOSYSTEM.—The Southern Corkscrew regional

10 ecosystem watershed addition should be accom11 plished outside the scope of the Plan.

12 (h) ASSURANCE OF PROJECT BENEFITS.—

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

14 the Plan is the restoration, preservation, and protec15 tion of the South Florida Ecosystem while providing

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

17 water supply and flood protection. The Plan shall be

18 implemented to ensure the protection of water qual19 ity in, the reduction of the loss of fresh water from,

20 the improvement of the environment of the South

21 Florida Ecosystem and to achieve and maintain the

22 benefits to the natural system and human environ23 ment described in the Plan, and required pursuant

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

25 (2) AGREEMENT.—
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1 (A) IN GENERAL.—No appropriation shall

2 be made for the construction of a project con3 tained in the Plan until the President and the

4 Governor enter into a binding agreement under

5 which the State, shall ensure, by regulation or

6 other appropriate means, that water made

7 available under the Plan for the restoration of

8 the natural system is available as specified in

9 the Plan.

10 (B) ENFORCEMENT.—

11 (i) IN GENERAL.—Any person or enti12 ty that is aggrieved by a failure of the

13 President or the Governor to comply with

14 any provision of the agreement entered

15 into under subparagraph (A) may bring a

16 civil action in United States district court

17 for an injunction directing the President or

18 the Governor, as the case may be, to com19 ply with the agreement, or for other appro20 priate relief.

21 (ii) LIMITATIONS ON COMMENCEMENT

22 OF CIVIL ACTION.—No civil action may be

23 commenced under clause (i)—

24 (I) before the date that is 60

25 days after the Secretary receives writ-
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1 ten notice of a failure to comply with

2 the agreement; or

3 (II) if the United States has

4 commenced and is diligently pros5 ecuting an action in a court of the

6 United States or a State to redress a

7 failure to comply with the agreement.

8 (3) PROGRAMMATIC REGULATIONS.—

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

10 after the date of enactment of this Act, the Sec11 retary shall, after notice and opportunity for

12 public comment—

13 (i) with the concurrence of—

14 (I) the Governor; and

15 (II) the Secretary of the Interior;

16 and

17 (ii) in consultation with—

18 (I) the Seminole Tribe of Flor19 ida;

20 (II) the Miccosukee Tribe of In21 dians of Florida;

22 (III) the Administrator of the

23 Environmental Protection Agency;

24 (IV) the Secretary of Commerce;

25 and
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1 (V) other Federal, State, and

2 local agencies;

3 promulgate programmatic regulations to ensure

4 that the goals and purposes of the Plan are

5 achieved.

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

8 paragraph shall establish a process to—

9 (i) provide guidance for the develop10 ment of project implementation reports,

11 project cooperation agreements, and oper12 ating manuals that ensure that the goals

13 and objectives of the Plan are achieved;

14 (ii) 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;

22 (iii) ensure the protection of the nat23 ural system consistent with the goals and

24 purposes of the Plan; and
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1 (iv) include a mechanism for dispute

2 resolution to resolve any conflicts between

3 the Secretary and the non-Federal sponsor.

4

5 (C) SCHEDULE AND TRANSITION RULE.—

6 (i) IN GENERAL.—All project imple7 mentation reports approved before the date

8 of promulgation of the programmatic regu9 lations shall be consistent with the Plan.

10 (ii) PREAMBLE.—The preamble of the

11 programmatic regulations shall include a

12 statement concerning the consistency with

13 the programmatic regulations of any

14 project implementation reports that were

15 approved before the date of promulgation

16 of the regulations.

17 (D) REVIEW OF PROGRAMMATIC REGULA18 TIONS.—Whenever necessary to attain Plan

19 goals and purposes, but not less often than

20 every 5 years, the Secretary, in accordance with

21 subparagraph (A), shall review the pro22 grammatic regulations promulgated under this

23 paragraph.

24 (4) PROJECT-SPECIFIC ASSURANCES.—
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1 (A) PROJECT IMPLEMENTATION RE2 PORTS.—

3 (i) IN GENERAL.—The Secretary and

4 the non-Federal sponsor shall develop

5 project implementation reports in accord6 ance with section 10.3.1 of the Plan.

7 (ii) COORDINATION.—In developing a

8 project implementation report, the Sec9 retary and the non-Federal sponsor shall

10 coordinate with appropriate Federal, State,

11 tribal, and local governments.

12 (iii) REQUIREMENTS.—A project im13 plementation report shall—

14 (I) be consistent with the Plan

15 and the programmatic regulations

16 promulgated under paragraph (3);

17 (II) describe how each of the re18 quirements stated in paragraph

19 (3)(B) is satisfied;

20 (III) comply with the National

21 Environmental Policy Act of 1969 (42

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

23 (IV) identify the appropriate

24 quantity, timing, and distribution of
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1 water dedicated and managed for the

2 natural system;

3 (V) identify the amount of water

4 to be reserved or allocated for the nat5 ural system necessary to implement,

6 under State law, subclauses (IV) and

7 (VI);

8 (VI) comply with applicable

9 water quality standards and applicable

10 water quality permitting requirements

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

12 (VII) be based on the best avail13 able science; and

14 (VIII) include an analysis con15 cerning the cost-effectiveness and en16 gineering feasibility of the project.

17 (B) PROJECT COOPERATION AGREE18 MENTS.—

19 (i) IN GENERAL.—The Secretary and

20 the non-Federal sponsor shall execute

21 project cooperation agreements in accord22 ance with section 10 of the Plan.

23 (ii) CONDITION.—The Secretary shall

24 not execute a project cooperation agree25 ment until any reservation or allocation of
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1 water for the natural system identified in

2 the project implementation report is exe3 cuted under State law.

4 (C) OPERATING MANUALS.—

5 (i) IN GENERAL.—The Secretary and

6 the non-Federal sponsor shall develop and

7 issue, for each project or group of projects,

8 an operating manual that is consistent

9 with the water reservation or allocation for

10 the natural system described in the project

11 implementation report and the project co12 operation agreement for the project or

13 group of projects.

14 (ii) MODIFICATIONS.—Any significant

15 modification by the Secretary and the non16 Federal sponsor to an operating manual

17 after the operating manual is issued shall

18 only be carried out subject to notice and

19 opportunity for public comment.

20 (5) SAVINGS CLAUSE.—

21 (A) EXISTING WATER USERS.—The Sec22 retary shall ensure that the implementation of

23 the Plan, including physical or operational

24 modifications to the Central and Southern Flor25 ida Project, does not cause significant adverse
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1 impact on existing legal water users,

2 including—

3 (i) water legally allocated or provided

4 through entitlements to the Seminole Tribe

5 of Florida under section 7 of the Seminole

6 Indian Land Claims Settlement Act of

7 1987 (25 U.S.C. 1772e);

8 (ii) the Miccosukee Tribe of Indians

9 of Florida;

10 (iii) annual water deliveries to Ever11 glades National Park;

12 (iv) water for the preservation of fish

13 and wildlife in the natural system; and

14 (v) any other legal user, as provided

15 under Federal or State law in existence on

16 the date of enactment of this Act.

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

18 of water supply of comparable quantity and

19 quality is available to replace the water to be

20 lost as a result of implementation of the Plan,

21 the Secretary shall not eliminate existing legal

22 sources of water, including those for—

23 (i) an agricultural or urban water

24 supply;
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1 (ii) allocation or entitlement to the

2 Seminole Indian Tribe of Florida under

3 section 7 of the Seminole Indian Land

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

5 1772e);

6 (iii) the Miccosukee Tribe of Indians

7 of Florida;

8 (iv) Everglades National Park; or

9 (v) the preservation of fish and wild10 life.

11 (C) MAINTENANCE OF FLOOD PROTEC12 TION.—The Secretary shall maintain authorized

13 levels of flood protection in existence on the

14 date of enactment of this Act, in accordance

15 with current law.

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

17 in this Act prevents the State from allocating or

18 reserving water, as provided under State law, to

19 the extent consistent with this Act.

20 (E) NO EFFECT ON TRIBAL COMPACT.—

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

22 otherwise abrogates rights of the Seminole In23 dian Tribe of Florida under the compact among

24 the Seminole Tribe of Florida, the State, and

25 the South Florida Water Management District,
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1 defining the scope and use of water rights of

2 the Seminole Tribe of Florida, as codified by

3 section 7 of the Seminole Indian Land Claims

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

5 (i) INDEPENDENT SCIENTIFIC REVIEW.—

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

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

8 the South Florida Ecosystem Restoration Task

9 Force, shall establish an independent scientific re10 view panel convened by a body, such as the National

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

12 toward achieving the natural system restoration

13 goals of the Plan.

14 (2) REPORT.—The panel described in para15 graph (1) shall produce a biennial report to Con16 gress, the Secretary, the Secretary of the Interior,

17 and the State of Florida that includes an assessment

18 of ecological indicators and other measures of

19 progress in restoring the ecology of the natural sys20 tem, based on the Plan.

21 (j) OUTREACH AND ASSISTANCE.—

22 (1) SMALL BUSINESS CONCERNS OWNED AND

23 OPERATED BY SOCIALLY AND ECONOMICALLY DIS24 ADVANTAGED INDIVIDUALS.—In executing the Plan,

25 the Secretary shall ensure that small business con-
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1 cerns owned and controlled by socially and economi2 cally disadvantaged individuals are provided oppor3 tunities to participate under section 15(g) of the

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

5 (2) COMMUNITY OUTREACH AND EDUCATION.—

6 (A) IN GENERAL.—The Secretary shall en7 sure that impacts on socially and economically

8 disadvantaged individuals, including individuals

9 with limited English proficiency, and commu10 nities are considered during implementation of

11 the Plan, and that such individuals have oppor12 tunities to review and comment on its imple13 mentation.

14 (B) PROVISION OF OPPORTUNITIES.—The

15 Secretary shall ensure, to the maximum extent

16 practicable, that public outreach and edu17 cational opportunities are provided to the indi18 viduals of South Florida, including individuals

19 with limited English proficiency, and in par20 ticular for socially and economically disadvan21 taged communities.

22 (k) REPORT TO CONGRESS.—Beginning on October

23 1, 2005, and periodically thereafter until October 1, 2036,

24 the Secretary and the Secretary of the Interior, in con25 sultation with the Environmental Protection Agency, the
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1 Department of Commerce, and the State of Florida, shall

2 jointly submit to Congress a report on the implementation

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

4 than every 5 years. Such reports shall include a descrip5 tion of planning, design, and construction work completed,

6 the amount of funds expended during the period covered

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

8 expended for adaptive assessment under subsection

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

10 year period. In addition, each report shall include—

11 (1) the determination of each Secretary, and

12 the Administrator of the Environmental Protection

13 Agency, concerning the benefits to the natural sys14 tem and the human environment achieved as of the

15 date of the report and whether the completed

16 projects of the Plan are being operated in a manner

17 that is consistent with the requirements of sub18 section (h); and

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

20 Secretary under subsection (j) as they relate to so21 cially and economically disadvantaged individuals

22 and individuals with limited English proficiency.

Æ