[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 398

  To direct the Secretary of the Army to provide for modification of 
      certain Federal water resources development projects on the 
 Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2017

  Mr. Nelson introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Army to provide for modification of 
      certain Federal water resources development projects on the 
 Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes.

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

SECTION 1. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS.

    (a) Definitions.--In this section:
            (1) Apalachicola-Chattahoochee-Flint projects.--The term 
        ``Apalachicola-Chattahoochee-Flint projects'' means the Federal 
        water resources projects for the Apalachicola, Chattahoochee, 
        and Flint Rivers in the States of Alabama, Florida, and Georgia 
        authorized by section 2 of the Act of March 2, 1945 (59 Stat. 
        17, chapter 19), the first section of the Act of July 24, 1946 
        (60 Stat. 635, chapter 595), and section 203 of the Flood 
        Control Act of 1962 (Public Law 87-874; 76 Stat. 1182), 
        including--
                    (A) Buford Dam and Reservoir;
                    (B) West Point Dam and Reservoir;
                    (C) George W. Andrews Dam and Reservoir;
                    (D) Walter F. George Dam and Reservoir; and
                    (E) Jim Woodruff Dam and Reservoir.
            (2) Freshwater flows.--The term ``freshwater flows'' means 
        the quality, quantity, timing, and variability of freshwater 
        flows required--
                    (A) to support and reestablish--
                            (i) the physical, chemical, biological, and 
                        overall ecological integrity of the components, 
                        functions, and natural processes required for a 
                        thriving and resilient Chattahoochee River, 
                        Apalachicola River, Apalachicola River 
                        floodplain, and Apalachicola Bay;
                            (ii) commercial and recreational fisheries 
                        dependent on freshwater flows into Apalachicola 
                        Bay and adjacent waters, including the Gulf of 
                        Mexico; and
                            (iii) thriving and diverse fish, wildlife, 
                        and plant populations with species composition, 
                        diversity, adaptability, and functional 
                        organization similar to those found in the 
                        Chattahoochee River and Apalachicola River 
                        ecosystems prior to the construction of the 
                        Apalachicola-Chattahoochee-Flint projects;
                    (B) to restore and recover species that are--
                            (i) endangered;
                            (ii) threatened; or
                            (iii) at risk; and
                    (C) to prevent significantly harmful adverse 
                impacts to the Chattahoochee River and Apalachicola 
                River ecosystems.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Project Modification.--Notwithstanding any authorized purpose 
of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall 
operate the Apalachicola-Chattahoochee-Flint projects in a manner that 
ensures the maintenance of freshwater flows.
    (c) Freshwater Flows Study.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall enter into an 
        arrangement with the Administrator of the National Oceanic and 
        Atmospheric Administration under which the Administrator shall 
        conduct a study that--
                    (A) evaluates existing studies, assessments, and 
                data related to freshwater flows; and
                    (B) provides recommendations on how to maintain 
                freshwater flows.
            (2) Completion date.--The study referred to in paragraph 
        (1) shall be completed by not later than 1 year after the date 
        of enactment of this Act.
    (d) Revision of Water Control Manuals.--
            (1) In general.--The Secretary--
                    (A) shall not issue a final water control manual 
                based on the final environmental impact statement of 
                the Secretary entitled ``Update of the Water Control 
                Manual for the Apalachicola-Chattahoochee-Flint River 
                Basin in Alabama, Florida, and Georgia and a Water 
                Supply Storage Assessment'' and dated December 2016; 
                and
                    (B) not later than 2 years after the date of 
                enactment of this Act, shall issue revised water 
                control manuals for Apalachicola-Chattahoochee-Flint 
                projects that ensure the maintenance of freshwater 
                flows, considering the findings of the study under 
                subsection (c)(1), as appropriate.
            (2) Operational modifications.--In carrying out paragraph 
        (1), the Secretary shall ensure that operational modifications 
        needed to maintain freshwater flows are achieved, to the 
        maximum extent practicable, while providing system-wide balance 
        in conservation storage through the maintenance of water levels 
        in the same action zone for each of the Apalachicola-
        Chattahoochee-Flint project reservoirs.
            (3) Independent peer review of water control manuals.--
                    (A) In general.--The Secretary shall enter into an 
                arrangement with the National Academy of Sciences under 
                which the Academy shall carry out an independent peer 
                review of each revised water control manual, as 
                required under section 2034 of the Water Resources 
                Development Act of 2007 (33 U.S.C. 2343).
                    (B) Compliance.--Each independent peer review 
                carried out under this paragraph shall comply with 
                section 2034 of the Water Resources Development Act of 
                2007 (33 U.S.C. 2343).
            (4) Final approval.--Before a final water control manual 
        may be issued, the Secretary shall obtain written approval of 
        each water control manual developed under this subsection 
        from--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Director of the United States Fish and 
                Wildlife Service;
                    (C) the Administrator of the National Oceanic and 
                Atmospheric Administration; and
                    (D) the Director of the United States Geological 
                Survey.
    (e) Applicability of Other Federal and State Laws.--Except as 
provided in subsection (b), nothing in this section waives, limits, or 
otherwise affects the applicability of any provision of Federal or 
State law that would otherwise apply to the Apalachicola-Chattahoochee-
Flint projects.
    (f) Project Clarification.--Notwithstanding any other provision of 
law, the project purpose of ``fish and wildlife conservation'' for the 
Apalachicola-Chattahoochee-Flint projects means protecting and 
restoring thriving and diverse populations of the full range of native 
fish and wildlife species that use the Apalachicola River and 
floodplain and the Chattahoochee River and floodplain, including 
through actions such as restoring the functions of natural systems and 
mimicking the timing, amount, and variability of natural flows.
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