[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5121 Introduced in House (IH)]
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 jurisdiction of the committee concerned
_______________________________________________________________________
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, the following definitions 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 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 of Florida.
(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.
(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.
(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, 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, 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 described in
the Plan, and required pursuant to this Act, for as
long as the project is authorized.
(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. 3769-3770). Unless specifically provided
herein, 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 Development 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
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, 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 (including component 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 3
Decompartmentalization and Sheetflow
Enhancement; and component SS, North New River
Improvements) or the Central Lakebelt Storage
Project (including components S and EEE,
Central Lake Belt Storage Area) 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 cost.--The total cost of all projects
carried out under this subsection shall not exceed
$206,000,000, with an estimated Federal cost of
$103,000,000 and an estimated non-Federal cost of
$103,000,000.
(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 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.--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 reuse.--
(A) In general.--On completion and evaluation of
the wastewater 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 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 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.--In order to ensure that water
generated by the Plan will be made available 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
appropriate means, that water made available by each
project in the Plan shall not be permitted for a
consumptive use or otherwise made unavailable by the
State until such time as sufficient reservations of
water for the restoration of the natural system are
made under State law in accordance with the project
implementation report for that project and consistent
with the Plan.
(B) Enforcement.--
(i) In general.--Any person or entity that
is aggrieved by a failure of the United States
or any other Federal Government instrumentality
or agency, or the Governor or any other officer
of a State instrumentality 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 instrumentality 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 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) Concurrency statement.--Not later than 180 days
from the end of the public comment period on proposed
programmatic regulations, the Secretary of the Interior
and the Governor shall provide the Secretary with a
written statement of concurrence or nonconcurrence. A
failure to provide a written statement of concurrence
or nonconcurrence within such time frame will be deemed
as meeting the concurrency requirements of subsection
(h)(3)(A)(i). A copy of any concurrency or
nonconcurrency statements shall be made a part of the
administrative record and referenced in the final
programmatic regulations. Any nonconcurrency statement
shall specifically detail the reason or reasons for the
nonconcurrence.
(C) Content of regulations.--Programmatic
regulations promulgated under this paragraph shall
establish a process--
(i) 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) to 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) to ensure the protection of the
natural system consistent with the goals and
purposes of the Plan, including the
establishment 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 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.
(E) 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) No elimination or transfer.--Until a new source
of water supply of comparable 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 implementation of the Plan, the Secretary and the
non-Federal sponsor shall not eliminate or transfer
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) water supply for Everglades National
Park; or
(v) water supply for fish and wildlife.
(B) Maintenance of flood protection.--
Implementation of the Plan shall not reduce levels of
service for flood protection that are--
(i) in existence on the date of enactment
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 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.--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 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 or the responsibility of any party to the
agreement to comply with any Federal or State law.
(j) Independent Scientific Review.--
(1) In general.--The Secretary, the Secretary of the
Interior, and the Governor, 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 Governor that includes an
assessment of ecological indicators and other measures of
progress in restoring the ecology of the natural system, based
on the Plan.
(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, during implementation of the Plan, to the
individuals of South Florida, including individuals
with limited English proficiency, and in particular for
socially and economically disadvantaged communities.
(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);
(2) progress toward interim goals established in accordance
with subsection (h)(3)(B)(iii); and
(3) a review of the activities performed by the Secretary
under subsection (k) as they relate to socially and
economically disadvantaged individuals and individuals with
limited English proficiency.
(m) Severability.--If any provision or remedy provided by this
section is found to be unconstitutional or unenforceable by any court
of competent jurisdiction, any remaining provisions in this section
shall remain valid and enforceable.
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