II 

108TH CONGRESS 

2D SESSION S. 2169

To modify certain water resources projects for the Apalachicola, 

Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2004

Mr. GRAHAM of Florida (for himself and Mr. NELSON of Florida) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL

To modify certain water resources projects for the Apalachicola, Chattahoochee, and Flint Rivers, Georgia, Florida, 

and Alabama.

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 ‘‘Restore the Apalachi5 cola River Ecosystem Act’’ or the ‘‘RARE Act’’. 

6 SEC. 2. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIV7 ERS, GEORGIA, FLORIDA, AND ALABAMA. 

8 (a) IN GENERAL.—The project for navigation, Apa9 lachicola, Chattahoochee, and Flint Rivers, Georgia, FlorVerDate jul 14 2003 10:15 Mar 05, 2004 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2169.IS S2169
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•S 2169 IS 

1 ida, and Alabama, authorized by section 2 of the Act of 

2 March 2, 1945 (59 Stat. 17, chapter 19), and modified 

3 by the first section of the Act of July 24, 1946 (60 Stat. 

4 635, chapter 595), and the project for the West Point Res5 ervoir, Chattahoochee River, Georgia, authorized by sec6 tion 203 of the Flood Control Act of 1962 (76 Stat. 1182), 

7 are modified—

8 (1) to deauthorize the 9-foot by 100-foot chan9 nel between the Gulf Intracoastal Waterway near 

10 Apalachicola, Florida, to Jim Woodruff Dam near 

11 Chattahoochee, Florida; and 

12 (2) to authorize the Secretary of the Army, in 

13 consultation with the State of Florida, to develop the 

14 plan described in subsection (b). 

15 (b) PLAN FOR RESTORATION OF APALACHICOLA

16 RIVER.—

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date of enactment of this Act and before com19 mencement of any restoration activity under sub20 section (a), the Secretary of the Army, in coordina21 tion with the State of Florida, the United States 

22 Fish and Wildlife Service, and the United States Ge23 ological Survey, shall—

24 (A) develop a comprehensive plan to re25 store the Apalachicola River basin; and 

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•S 2169 IS 

1 (B) submit to the Committee on Environ2 ment and Public Works of the Senate and the 

3 Committee on Transportation and Infrastruc4 ture of the House of Representatives the plan 

5 developed under subparagraph (A). 

6 (2) REQUIRED ELEMENTS.—The plan under 

7 paragraph (1) shall—

8 (A) have as its sole goal the reestablish9 ment of the ecological integrity of the Apalachi10 cola River basin ecosystem (including restora11 tion of bendways, interconnecting waterways, 

12 sloughs, watersheds, associated land areas, and 

13 fish and wildlife habitat); 

14 (B) reestablish an ecosystem that supports 

15 and sustains a balanced, integrated, adaptive 

16 community of organisms having species com17 position, diversity, and functional organization 

18 comparable to those of the natural habitat of 

19 the Apalachicola River; and 

20 (C) include a method of monitoring and 

21 assessing the biota, habitats, and water quality 

22 of the Apalachicola River basin for use in as23 sessing restoration activities and impacts of res24 toration activities. 

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•S 2169 IS 

1 (3) FUNDING.—The plan under paragraph (1) 

2 shall be developed at a total cost of $4,000,000. 

3 (c) PUBLIC OUTREACH.—In carrying out this sec4 tion, the Secretary of the Army shall engage in significant 

5 public outreach. 

6 (d) RELATIONSHIP TO OTHER ACTIVITIES.—The 

7 Secretary of the Army shall ensure that activities con8 ducted under this section do not interfere with water com9 pact activities and negotiations being carried out as of the 

10 date of enactment of this Act with respect to the Apalachi11 cola, Chattahoochee, and Flint Rivers, Georgia, Florida, 

12 and Alabama. 

13 (e) OPERATION OF LOCKS AND DAMS.—Nothing in 

14 this section affects the authority under which locks and 

15 dams on the Apalachicola, Chattahoochee, and Flint Riv16 ers, Georgia, Florida, and Alabama, are operated as of the 

17 date of enactment of this Act. 

18 (f) EFFECT ON OTHER LAW.—Nothing in this sec19 tion limits the authority of any agency under any other 

20 provision of law to require compliance with any applicable 

21 statutory or regulatory requirement.

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