I
106TH CONGRESS
2D SESSION
H. R. 5121
To authorize a comprehensive Everglades restoration plan.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 7, 2000
Mr. SHAW introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To authorize a comprehensive Everglades restoration plan.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Restoring the Ever-
glades, an American Legacy Act’’.
SEC. 
2. 
COMPREHENSIVE 
EVERGLADES 
RESTORATION
PLAN.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(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 modi-
fication to the project authorized by this Act or
any other provision of law.
(2) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of Florida.
(3) NATURAL SYSTEM.—
(A) IN GENERAL.—The term ‘‘natural sys-
tem’’ means all land and water managed by the
Federal Government or the State within the
South Florida ecosystem.
(B) INCLUSIONS.—The term ‘‘natural sys-
tem’’ 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 conserva-
tion 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 Com-
prehensive Everglades Restoration Plan contained in
the ‘‘Final Integrated Feasibility Report and Pro-
grammatic Environmental Impact Statement’’, dated
April 1, 1999, as modified by this Act.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army.
(6) SOUTH FLORIDA ECOSYSTEM.—
(A) IN GENERAL.—The term ‘‘South Flor-
ida 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 Flor-
ida ecosystem’’ includes—
(i) the Everglades;
(ii) the Florida Keys; and
(iii) the contiguous near-shore coastal
water of South Florida.
(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 restore, preserve, and protect the
South Florida ecosystem while providing for
other water-related needs of the region, includ-
ing 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, and the improvement of the
environment of the South Florida ecosystem
and to achieve and maintain the benefits to the
natural system and human environment de-
scribed in the Plan, and required pursuant to
this Act, for as long as the project is author-
ized.
(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 ac-
cordance with section 528(c) of the Water Re-
sources Development Act of 1996 (110 Stat.
3769–3770). Unless specifically provided here-
in, nothing in this Act shall be construed to
modify any existing cost share or responsibility
for projects as listed in subsection (c) or (e) of
section 528 of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3769–3770).
(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 protec-
tion of water quality by considering
applicable State water quality stand-
ards; and
(II) include such features as the
Secretary determines are necessary to
ensure that all ground water and sur-
face 
water 
discharges 
from 
any
project feature authorized by this sub-
section will meet all applicable water
quality standards and applicable water
quality permitting requirements.
(iii) REVIEW AND COMMENT.—In de-
veloping the projects authorized under sub-
paragraph (B), the Secretary shall provide
for public review and comment in accord-
ance with applicable Federal law.
(B) PILOT PROJECTS.—The following pilot
projects are authorized for implementation,
after review and approval by the Secretary, 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 esti-
mated 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 esti-
mated 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, sub-
ject 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 esti-
mated 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 esti-
mated 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 esti-
mated 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 Fed-
eral 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 esti-
mated 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 esti-
mated 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 esti-
mated 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 esti-
mated 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 es-
timated 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 esti-
mated non-Federal cost of $47,017,500.
(xi) Adaptive Assessment and Moni-
toring 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
RE-
PORTS.—Before 
implementation 
of 
a
project described in any of clauses (i)
through (x) of subparagraph (C), the Sec-
retary 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 implemen-
tation report required by subsections (f)
and (h) for each project under this para-
graph (including all relevant data and in-
formation on all costs).
(iii) FUNDING
CONTINGENT
ON
AP-
PROVAL.—No appropriation shall be made
to construct any project under this para-
graph 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 Com-
mittee on Environment and Public Works
of the Senate.
(iv) MODIFIED
WATER
DELIVERY.—
No appropriation shall be made to con-
struct the Water Conservation Area 3
Decompartmentalization 
and 
Sheetflow
Enhancement Project (including compo-
nent AA, Additional S–345 Structures;
component QQ Phase 1, Raise and Bridge
East Portion of Tamiami Trail and Fill
Miami Canal within WCA 3; component
QQ 
Phase 
2, 
WCA 
Decompartmentalization 
and 
Sheetflow
Enhancement; and component SS, North
New River Improvements) or the Central
Lakebelt Storage Project (including com-
ponents S and EEE, Central Lake Belt
Storage Area) until the completion of the
project to improve water deliveries to Ever-
glades National Park authorized by section
(i) FEDERAL COST.—The total Fed-
eral 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 sub-
section shall not exceed $25,000,000.
(B) AGGREGATE COST.—The total cost of
all projects carried out under this subsection
shall not exceed $206,000,000, with an esti-
mated Federal cost of $103,000,000 and an es-
timated non-Federal cost of $103,000,000.
(d) AUTHORIZATION OF FUTURE PROJECTS.—
(1) IN GENERAL.—Except for a project author-
ized 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 para-
graph (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 sub-
sections (f) and (h).
(e) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the cost of carrying out a project authorized by sub-
section (b), (c), or (d) shall be 50 percent.
(2) 
NON-FEDERAL
RESPONSIBILITIES.—The
non-Federal sponsor with respect to a project de-
scribed in subsection (b), (c), or (d), shall be—
(A) responsible for all land, easements,
rights-of-way, and relocations necessary to im-
plement 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 spon-
sor with respect to a project authorized by sub-
section (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 pro-
vided to the non-Federal sponsor under 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. Funds to be credited do not
include funds provided under section 390 of the
Federal Agriculture Improvement and Reform
Act of 1996 (110 Stat. 1022).
(4) OPERATION AND MAINTENANCE.—Notwith-
standing 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, re-
placement, and rehabilitation activities authorized
under this section.
(5) CREDIT.—
(A) IN
GENERAL.—Notwithstanding sec-
tion 528(e)(4) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3770), and re-
gardless 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 re-
port 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 con-
struction that is necessary for the implementa-
tion 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 construc-
tion, as defined in a project cooperation
agreement for an authorized project be-
tween 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 spon-
sor is integral to the project.
(C) TREATMENT
OF
CREDIT
BETWEEN
PROJECTS.—Any credit provided under this
paragraph may be carried over between author-
ized 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 pro-
vision of cash, in-kind services, and
land; and
(II) manage, to the maximum ex-
tent practicable, the requirement of
the non-Federal sponsor to provide
cash, in-kind services, and land.
(ii) OTHER
MONITORING.—The Sec-
retary shall conduct monitoring under
clause (i) separately for—
(I) the preconstruction engineer-
ing and design phase; and
(II) the construction phase.
(E) AUDITS.—Credit for land (including
land value and incidental costs) or work pro-
vided 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 spon-
sor, 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 sec-
tion 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 re-
store, preserve, or protect the South Florida
ecosystem, the Secretary may determine that—
(i) the activity is justified by the envi-
ronmental 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-effec-
tive.
(B) APPLICABILITY.—Subparagraph (A)
shall not apply to any separable element in-
tended to produce benefits that are predomi-
nantly unrelated to the restoration, preserva-
tion, 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 de-
signed to implement the capture and use of the
approximately 245,000 acre-feet of water de-
scribed 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 approxi-
mately 245,000 acre-feet of water, con-
ducted by the Secretary, in cooperation
with the non-Federal sponsor, is com-
pleted;
(ii) the project is favorably rec-
ommended 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 alter-
natives;
(iv) an assessment of the feasibility of
delivering the water downstream while
maintaining current levels of flood protec-
tion to affected property; and
(v) any other assessments that are de-
termined by the Secretary to be necessary
to complete the study.
(2) WASTEWATER REUSE.—
(A) IN
GENERAL.—On completion and
evaluation of the wastewater reuse pilot project
described in subsection (b)(2)(B)(iv), the Sec-
retary, in an appropriately timed 5-year report,
shall describe the results of the evaluation of
advanced wastewater reuse in meeting, in a cost
effective manner, the requirements of restora-
tion of the natural system.
(B) SUBMISSION.—The Secretary shall
submit to Congress the report described in sub-
paragraph (A) before congressional authoriza-
tion for advanced wastewater 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 acquisi-
tion in the project to enhance existing wetland
systems along the Loxahatchee National Wild-
life Refuge, including the Stazzulla tract,
should be funded through the budget of the De-
partment of the Interior.
(B) SOUTHERN
CORKSCREW
REGIONAL
ECOSYSTEM.—The Southern Corkscrew regional
ecosystem watershed addition should be accom-
plished 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 protec-
tion 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 qual-
ity 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 environ-
ment described in the Plan, and required pursuant
to this Act, for as long as the project is authorized.
(2) AGREEMENT.—
(A) IN GENERAL.—In order to ensure that
water generated by the Plan will be made avail-
able for the restoration of the natural system,
no appropriations, except for any pilot project
described in subsection (b)(2)(B), 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 ap-
propriate means, that water made available by
each project in the Plan shall not be permitted
for a consumptive use or otherwise made un-
available by the State until such time as suffi-
cient reservations of water for the restoration of
the natural system are made under State law in
accordance with the project implementation re-
port for that project and consistent with the
Plan.
(B) ENFORCEMENT.—
(i) IN GENERAL.—Any person or enti-
ty that is aggrieved by a failure of the
United States or any other Federal Gov-
ernment instrumentality or agency, or the
Governor or any other officer of a State in-
strumentality or agency, 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 United
States or any other Federal Government
instrumentality or agency or the Governor
or any other officer of a State instrumen-
tality or agency, as the case may be, to
comply with the agreement.
(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 writ-
ten notice of a failure to comply with
the agreement; or
(II) if the United States has
commenced and is diligently pros-
ecuting 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 Sec-
retary 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 Flor-
ida;
(II) the Miccosukee Tribe of In-
dians 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) 
CONCURRENCY
STATEMENT.—Not
later than 180 days from the end of the public
comment period on proposed programmatic reg-
ulations, the Secretary of the Interior and the
Governor shall provide the Secretary with a
written statement of concurrence or nonconcur-
rence. A failure to provide a written statement
of concurrence or nonconcurrence within such
time frame will be deemed as meeting the con-
currency 
requirements 
of 
subsection
(h)(3)(A)(i). A copy of any concurrency or non-
concurrency statements shall be made a part of
the administrative record and referenced in the
final programmatic regulations. Any noncon-
currency statement shall specifically detail the
reason or reasons for the nonconcurrence.
(C) CONTENT
OF
REGULATIONS.—Pro-
grammatic regulations promulgated under this
paragraph shall establish a process—
(i) for the development of project im-
plementation reports, project cooperation
agreements, and operating manuals that
ensure that the goals and objectives of the
Plan are achieved;
(ii) to ensure that new information re-
sulting from changed or unforeseen cir-
cumstances, new scientific or technical in-
formation or information that is developed
through the principles of adaptive manage-
ment contained in the Plan, or future au-
thorized changes to the Plan are integrated
into the implementation of the Plan; and
(iii) to ensure the protection of the
natural system consistent with the goals
and purposes of the Plan, including the es-
tablishment of interim goals to provide a
means by which the restoration success of
the Plan may be evaluated throughout the
implementation process.
(D) SCHEDULE AND TRANSITION RULE.—
(i) IN GENERAL.—All project imple-
mentation reports approved before the date
of promulgation of the programmatic regu-
lations 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.
(E) REVIEW OF PROGRAMMATIC REGULA-
TIONS.—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 
pro-
grammatic regulations promulgated under this
paragraph.
(4) PROJECT-SPECIFIC ASSURANCES.—
(A) 
PROJECT
IMPLEMENTATION
RE-
PORTS.—
(i) IN GENERAL.—The Secretary and
the non-Federal sponsor shall develop
project implementation reports in accord-
ance with section 10.3.1 of the Plan.
(ii) COORDINATION.—In developing a
project implementation report, the Sec-
retary and the non-Federal sponsor shall
coordinate with appropriate Federal, State,
tribal, and local governments.
(iii) REQUIREMENTS.—A project im-
plementation report shall—
(I) be consistent with the Plan
and the programmatic regulations
promulgated under paragraph (3);
(II) describe how each of the re-
quirements 
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 nat-
ural 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 avail-
able science; and
(VIII) include an analysis con-
cerning the cost-effectiveness and en-
gineering feasibility of the project.
(B) 
PROJECT
COOPERATION
AGREE-
MENTS.—
(i) IN GENERAL.—The Secretary and
the non-Federal sponsor shall execute
project cooperation agreements in accord-
ance with section 10 of the Plan.
(ii) CONDITION.—The Secretary shall
not execute a project cooperation agree-
ment until any reservation or allocation of
water for the natural system identified in
the project implementation report is exe-
cuted 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 co-
operation 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) NO
ELIMINATION
OR
TRANSFER.—
Until a new source of water supply of com-
parable quantity and quality as that available
on the date of enactment of this Act is available
to replace the water to be lost as a result of im-
plementation of the Plan, the Secretary and the
non-Federal sponsor shall not eliminate or
transfer existing legal sources of water, includ-
ing 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) water supply for Everglades Na-
tional Park; or
(v) water supply for fish and wildlife.
(B) MAINTENANCE
OF
FLOOD
PROTEC-
TION.—Implementation of the Plan shall not re-
duce levels of service for flood protection that
are—
(i) in existence on the date of enact-
ment of this Act; and
(ii) in accordance with applicable law.
(C) NO EFFECT ON TRIBAL COMPACT.—
Nothing in this Act amends, alters, prevents, or
otherwise abrogates rights of the Seminole In-
dian 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.—Within 180 days from the
date of enactment of this Act, the Secretary and the
Governor shall 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 dis-
putes between the Jacksonville District of the
Corps of Engineers and the South Florida
Water Management District;
(B) a mechanism for the Jacksonville Dis-
trict of the Corps of Engineers or the South
Florida Water Management District to initiate
the dispute resolution process for unresolved
issues;