[Weekly Compilation of Presidential Documents Volume 38, Number 2 (Monday, January 14, 2002)]
[Pages 39-40]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Comprehensive Everglades Restoration Plan Assurance of Project Benefits 
Agreement

January 9, 2002

    Whereas, the Everglades ecological system is unique in the world and 
one of the Nation's great treasures;
    Whereas, the Central and Southern Florida Project as originally 
authorized in 1948 has had unintended consequences on the Everglades and 
the South Florida Ecosystem;
    Whereas, the Water Resources Development Act of 1992 authorized a 
Comprehensive Review Study (Restudy) of the Central and Southern Florida 
Project;
    Whereas, as required by the Water Resources Development Act of 1996, 
the Restudy was submitted to the Congress of the United States on July 
1, 1999;
    Whereas, the Restudy, renamed the Comprehensive Everglades 
Restoration Plan, was authorized by the Congress in the Water Resources 
Development Act of 2000;
    Whereas, the Comprehensive Everglades Restoration Plan (the 
``Plan'') will restore, preserve, and protect the more than 2.4 million 
acres of the Everglades and the South Florida Ecosystem;
    Whereas, implementation of the Plan will require a collaborative 
effort among Federal and State partners, and the Seminole Tribe of 
Florida and the Miccosukee Tribe of Indians of Florida, acting under 
Federal and State law, to achieve the shared goal of restoration of the 
Everglades and the South Florida Ecosystem;
    Whereas, as the ecosystem is restored, all interests seek a level of 
assurance that they will receive the anticipated benefits from the Plan;
    Whereas, the Federal interest in restoration flows largely from the 
substantial Federal resources in the ecosystem, including Everglades 
National Park and other National Parks, National Wildlife Refuges, and 
National Marine Sanctuaries, which comprise a significant portion of the 
natural system;
    Whereas, in recognition of this interest, the Congress established 
that 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;
    Whereas, section 601(h)(2) of the Water Resources Development Act of 
2000 (the ``Act''), requires that the President of the United States and 
the Governor of Florida enter into a binding agreement that ensures that 
water from the Comprehensive Everglades Restoration Plan will be made 
available for the restoration of the natural system;
    Whereas, section 601(h)(3) of the Act further requires that the 
Secretary of the Army, with the concurrence of the Governor and the 
Secretary of the Interior, and in consultation with the Seminole Tribe 
of Florida, the Miccosukee Tribe of Indians of Florida, the 
Administrator of the Environmental Protection Agency, the Secretary of 
Commerce, and other Federal, State, and local agencies, promulgate 
programmatic regulations to ensure that the goals and the purposes of 
the Plan are achieved;
    Whereas, section 601(h)(4)(A)(iii) of the Act requires that a 
Project Implementation Report (PIR) identify the amount of water to be 
reserved or allocated for the natural system under State law;

[[Page 40]]

    Whereas, section 601(h)(4)(B)(ii) of the Act requires that the 
Secretary of the Army shall not execute a Project Cooperation Agreement 
until any reservation or allocation of water for the natural system 
identified in the PIR is executed under State law;
    Whereas, the State of Florida has the authority to reserve water for 
the natural system pursuant to Chapter 373, Florida Statutes;
    The signatories to this agreement hereby affirm that:
    As required by the Water Resources Development Act of 2000, water 
made available by each project in the Comprehensive Everglades 
Restoration Plan will not be permitted for a consumptive use or 
otherwise made unavailable by the State of Florida until such time as 
sufficient reservations of water for the restoration of the natural 
system are made by regulation or other appropriate means pursuant to 
Chapter 373, Florida Statutes, and in accordance with the project 
implementation report for the project and consistent with the 
Comprehensive Everglades Restoration Plan.
    To effectuate this agreement, the Federal party agrees:
 <bullet>    To include within the President's budget submissions to the 
            Congress requests for Federal appropriations in the amount 
            the President deems necessary to implement the Federal share 
            of the Plan's implementation;
 <bullet>    To initiate authorized project planning and design;
 <bullet>    To work with the State of Florida on developing information 
            jointly to support the adaptive assessment component of the 
            Plan;
 <bullet>    To use the planning process to supply information for both 
            Federal and State legislative oversight requirements;
    To effectuate this agreement, the State party agrees:
    --To include within the Governor's budget submissions to the 
      Legislature requests for State appropriations in the amount the 
      Governor deems necessary to implement the State share of the 
      Plan's implementation.
    --To undertake reservations of water for the natural system upon 
      completion of each PIR, and to ensure that reservations of water 
      for the natural system will be consistent with information 
      developed in the PIR, indicating appropriate timing, distribution, 
      and flow requirements sufficient for the restoration of the 
      natural system.
 <bullet>    To manage its water resource allocation process to ensure 
            that water made available by each project in the 
            Comprehensive Everglades Restoration Plan will not be 
            permitted for a consumptive use or otherwise made 
            unavailable for restoration of the natural system, 
            consistent with the PIR and the provisions of the Water 
            Resources Development Act of 2000.
 <bullet>    To monitor and assess the continuing effectiveness of 
            reservations as long as the project is authorized to achieve 
            the goals and objectives of the Plan.

Note: The Office of the Press Secretary released the text of the 
agreement as signed by the President and the Governor of Florida. An 
original was not available for verification of the content of this 
agreement.