[Congressional Record Volume 146, Number 83 (Tuesday, June 27, 2000)]
[Senate]
[Pages S5900-S5905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire (for himself, Mr. Baucus, Mr. 
        Voinovich, Mr. Graham, and Mr. Mack):
  S. 2797. A bill to authorize a comprehensive Everglades restoration 
plan; to the Committee on Environment and Public Works.


            restoring the everglades, an american legacy act

  Mr. SMITH of New Hampshire. Mr. President, today is a historic day. I 
am pleased to be joined by Senators Graham, Mack, Voinovich, and 
Baucus, in introducing a measure to restore, preserve and protect one 
of America's unique ecosystems: the Everglades. More than six months 
ago, I went to Florida and made a promise to the people of that state 
and this nation. I promised to make Everglades restoration my top 
priority as the new chairman of the Environment and Public Works 
Committee. I am proud to say that after many months of hard work, 
intense negotiation, and through it all, uncompromising dedication, we 
have before us the bill to restore America's Everglades.
  Our bill not only has the support of the two Senators from Florida, 
the chairman and ranking member of the Environment and Public Works 
Committee and the chairman of the subcommittee of jurisdiction, it has 
the support of the State of Florida and the administration. It truly is 
bipartisan. It truly is historic.
  We all know that the Everglades face grave peril, but such dire 
situations do not always serve to motivate Congress to act, 
particularly in a presidential election year. The truth of the matter 
is that the federal government is partially responsible for the 
condition of the Everglades and it is our obligation to fix what we 
helped break. The Everglades cannot afford for Congress to delay.
  The unintended consequence of the 1948 federal flood control project 
is the too efficient redirection of water from Lake Okeechobee. 
Approximately 1.7 billion gallons of water a day is needlessly directed 
out to sea. The original Central and Southern Florida Project was done 
with the best of intentions--the federal government simply had to act 
when devastating floods took thousands of lives prior to the project's 
construction. Unfortunately, the very success of the Central and 
Southern Florida Project disrupted the natural sheet

[[Page S5901]]

flow of water through the so-called ``River of Grass,'' altering or 
destroying the habitat for many species of native plants, mammals, 
reptiles, fish and wading birds.
  Well, we are going to recapture that wasted water, store it, and 
redirect it, when needed, to the natural system in the South Florida 
ecosystem. It sounds simple, but in actuality, the Comprehensive 
Everglades Restoration Plan is quite complex and will take 30 years to 
construct. Each step in the Plan was carefully chosen and the bill my 
colleagues and I have introduced today represents the first stage of 
that process.
  A project of this size is not without uncertainties. Our bill 
authorizes four pilot projects to get at some of those unknowns. In 
addition, this bill authorizes an initial suite of ten construction 
projects. These projects were carefully selected by the Army Corps of 
Engineers and the South Florida Water Management District and included 
in the plan as the projects that would, once constructed, have 
immediate benefits to the natural system. Almost right away, the plan 
gets at restoring the natural sheet flow that years of human 
interference has interrupted.
  Our bill goes farther, by authorizing programmatic authority for the 
Corps and the non-federal sponsor to move forward with critical 
projects that will have immediate, independent, and substantial 
benefits to the natural system. Together, these components represent 
the first phase. The rest of the projects will come to Congress for 
authorization as part of the biennial Water Resources Development Act.
  One of my favorite aspects of the Comprehensive Everglades 
Restoration Plan is its inherent flexibility. If we learn something new 
about the ecosystem, perfect our modeling techniques, or just plain see 
that something isn't working right, through the concept of adaptive 
management, we can modify the plan based on the new information on 
hand.
  Is this bill expensive? I suppose that depends on your point of view. 
I am well-known as a fiscal conservative and I certainly do not believe 
in wasting the taxpayers' money. The total cost of implementing the 
Comprehensive Everglades Restoration Plan is $7.8 billion dollars. The 
total cost to the Federal government, however, is $3.9 billion. That's 
right. The State of Florida is picking up fifty percent of the tab. 
$3.9 billion over the number of years that this project will be 
constructed amount to an average of $200 million a year. That is about 
a can of coke, if you can find the right machine, for each American 
each year to restore this national treasure. It should be noted that I 
fully support increasing the budget of the Corps of Engineers so that 
it can comfortably fund not only this project, but the numerous other 
meritorious projects within the Corps mission.
  I hear my colleagues asking: how do we know the natural system is 
going to be the primary beneficiary of the water made available by this 
project? I'll tell you how. Our bill contains painstakingly negotiated 
``assurances language'' that provide the mechanism by which water is 
reserved and allocated for the natural system. The Secretary of the 
Army and Governor of the State of Florida will enter into an up-front, 
binding agreement that will ensure that water available from the plan 
will be available for the natural system. Furthermore, the Secretary of 
the Army, in concurrence with the Governor of the State of Florida and 
the Secretary of the Interior will promulgate programmatic regulations 
to ensure that the goals and purposes of the Comprehensive Everglades 
Restoration Plan are achieved.
  I repeat for the benefit of my colleagues, this bill has the support 
of the State of Florida, the administration, and a bipartisan group of 
co-sponsors. This truly is a remarkable feat that deserves recognition 
by the Senate in the form of swift passage.
  I am afraid too often people forget that the Everglades is a national 
environmental treasure. Restoration benefits not only Floridians, but 
the millions of us who visit Florida each year to behold this unique 
ecosystem. We need to view our efforts as our legacy to future 
generations, as my dear friend and predecessor, the late John Chafee so 
exemplified. Many years from now, I hope that this Congress will be 
remembered for putting aside partisanship, politics, self-interest and 
short-term thinking by answering the call and saving the Everglades 
while we still had the chance.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2797

       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:
       (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.
       (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) 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.
       (6) 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--
       (i) restore, preserve and protect the South Florida 
     ecosystem;
       (ii) provide for the protection of water quality in, and 
     the reduction of the loss of fresh water from, the 
     Everglades; and
       (iii) provide for the water-related needs of the region, 
     including--

       (I) flood control;
       (II) the enhancement of water supplies; and
       (III) other objectives served by the Central and Southern 
     Florida Project.

       (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).
       (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, subject to the conditions in subparagraph (D), 
     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:

[[Page S5902]]

       (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 or 
     the Central Lakebelt Storage Project 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 federal cost.--The total Federal cost of all 
     projects carried out under this subsection shall not exceed 
     $206,000,000
       (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 any programs such as 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.
       (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.--

[[Page S5903]]

       (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 treatment.--
       (A) In general.--On completion and evaluation of the 
     wastewater treatment 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 treatment 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 treatment 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.--No appropriation 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 under the Plan 
     for the restoration of the natural system is available as 
     specified in the Plan.
       (B) Enforcement.--
       (i) In general.--Any person or entity that is aggrieved by 
     a failure of the President or the Governor 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 President or the Governor, as 
     the case may be, to comply with the agreement, or for other 
     appropriate relief.
       (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) Content of regulations.--Programmatic regulations 
     promulgated under this paragraph shall establish a process 
     to--
       (i) provide guidance 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) 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;
       (iii) ensure the protection of the natural system 
     consistent with the goals and purposes of the Plan; and
       (iv) include a mechanism for dispute resolution to resolve 
     any conflicts between the Secretary and the non-Federal 
     sponsor.
       (C) 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.
       (D) 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.

[[Page S5904]]

       (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) Existing water users.--The Secretary shall ensure that 
     the implementation of the Plan, including physical or 
     operational modifications to the Central and Southern Florida 
     Project, does not cause significant adverse impact on 
     existing legal water users, including--
       (i) water legally allocated or provided through 
     entitlements to the Seminole Tribe of Florida under section 7 
     of the Seminole Indian Land Claims Settlement Act of 1987 (25 
     U.S.C. 1772e);
       (ii) the Miccosukee Tribe of Indians of Florida;
       (iii) annual water deliveries to Everglades National Park;
       (iv) water for the preservation of fish and wildlife in the 
     natural system; and
       (v) any other legal user, as provided under Federal or 
     State law in existence on the date of enactment of this Act.
       (B) No elimination.--Until a new source of water supply of 
     comparable quantity and quality is available to replace the 
     water to be lost as a result of implementation of the Plan, 
     the Secretary shall not eliminate 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) Everglades National Park; or
       (v) the preservation of fish and wildlife.
       (C) Maintenance of flood protection.--The Secretary shall 
     maintain authorized levels of flood protection in existence 
     on the date of enactment of this Act, in accordance with 
     current law.
       (D) No effect on state law.--Nothing in this Act prevents 
     the State from allocating or reserving water, as provided 
     under State law, to the extent consistent with this Act.
       (E) 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) Independent Scientific Review.--
       (1) In general.--The Secretary, the Secretary of the 
     Interior, and the State, 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 State of Florida that 
     includes an assessment of ecological indicators and other 
     measures of progress in restoring the ecology of the natural 
     system, based on the Plan.
       (j) 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 to the 
     individuals of South Florida, including individuals with 
     limited English proficiency, and in particular for socially 
     and economically disadvantaged communities.
       (k) 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); and
       (2) a review of the activities performed by the Secretary 
     under subsection (j) as they relate to socially and 
     economically disadvantaged individuals and individuals with 
     limited English proficiency.

  Mr. GRAHAM. Mr. President, today I rise with my colleagues, Senator 
Smith of New Hampshire, Senator Baucus, Senator Voinovich, and Senator 
Mack, to introduce legislation to restore America's Everglades. The 
diversity of this group speaks volumes about the national commitment to 
restoring America's Everglades.
  The Everglades is sick. We need to perform the surgery to make it 
well. Since the passage of the Central and South Florida Flood Control 
Project in 1948, nearly half of the original Everglades has been 
drained or otherwise altered. According to the National Parks and 
Conservation Association, the national parks and preserves contained in 
the Everglades are among the ten most endangered in the nation.
  In 1983, when I was Governor, Florida launched an effort--known as 
Save Our Everglades--to revitalize this precious ecosystem. Our goal 
was simple. By the end of our efforts, we wanted the Everglades to look 
and function more like it had in 1900 than it did in 1983. Back then, 
restoring the natural health and function of this precious ecosystem 
seemed like a distant dream. But after seventeen years of bipartisan 
progress in the context of a strong federal-state partnership, we now 
stand on the brink of seeing that dream become reality.
  I want to speak for a moment about that federal-state partnership. I 
often compare this unique partnership to a marriage--if both partners 
respect each other, and pledge to work through any challenges together, 
the marriage will be strong and successful. Today, we are again 
celebrating the strength of that marriage, and this legislation 
contains several provisions born out of the respect that sustains this 
marriage.
  For example, it requires that the Federal Government pay half of the 
costs of operations and maintenance. It offers assurances to both the 
Federal and State governments regarding the use and distribution of 
water in the Everglades ecosystem. Everglades restoration can't work 
unless the executive branch, Congress, and State government move 
forward hand-in-hand.
  I look forward to working with my colleagues, the administration, the 
State, and stakeholders in this project to continue that cooperation 
and achieve the historic goal of preserving the Everglades for our 
children and grandchildren.
  Mr. MACK. Mr. President, I rise today in strong support for the 
Everglades restoration bill introduced today by my friend, and chairman 
of the Environment and Public Works Committee, Senator Bob Smith. This 
bill represents a tremendous amount of effort and hard work and I am 
grateful to all my colleagues who have joined Senator Graham and me in 
this effort.
  Today is an important day in the nearly twenty-year process of 
restoring America's Everglades. It is important because we are standing 
at last at the historic juncture between planning and action. It is 
important because now--at long last--we have a realistic chance of 
restoring, and protecting for future generations, a unique 
environmental treasure that is fractured, starved for water, and locked 
in a steady state of decline. And it is important because the bill 
we're introducing today represents the cumulative efforts of all those 
who did the work on the largest and most significant environmental 
restoration project in our nation's history.
  Why does this bill matter? Why are the Everglades deserving of 
Congress' time and effort? Let me offer a few reasons. This bill 
matters because in the last century a wonderful, pristine natural 
system in the heart of South Florida was systematically robbed of its 
beauty and uniqueness in the name of short-term human interest. This 
bill matters because the America's Everglades is a national treasure, 
unique in the world, and deserving of a better fate than what is 
currently written for it in the laws of this country. Our bill matters 
because we Floridians--after years of acrimony and conflicting goals--
have come together behind a balanced plan that fully reconciles the 
needs of the natural system with those

[[Page S5905]]

of the existing water users. And the restoration matters--to us, as 
legislators--because past Congresses caused this problem, and we in our 
generation should fix it.
  It has been well documented how the Congress in 1948--acting under 
the pressures of the day--authorized the systematic destruction of the 
Everglades in the name of flood control, urban development, and 
agriculture. That is history and we cannot change that. Instead, we 
must respond to the needs and priorities of our own generation, and 
pass this good bill to restore America's Everglades.
  Let's be clear, Mr. President. Passing this bill, this year, is all 
that remains between the long years of study and the actual restoration 
of America's Everglades. The administration has done their part in 
devoting a tremendous amount of time and effort on the document before 
you. To Governor Bush's credit, the State of Florida has already 
written this plan into Florida's laws and arranged funding for 
Florida's share of the cost. There is only one task remaining: we in 
Congress must pass this plan, this year, and let the work of 
restoration begin.
  I urge my colleagues to join with me in supporting the bill we're 
introducing today. Thank you, Mr. President. I yield the floor.
                                 ______