(a) Improved water deliveries
(1) Upon completion of a final report by the Chief of the Army Corps of Engineers, the
Secretary of the Army, in consultation with the Secretary, is authorized and directed to
construct modifications to the Central and Southern Florida Project to improve water
deliveries into the park and shall, to the extent practicable, take steps to restore the
natural hydrological conditions within the park.
(2) Such modifications shall be based upon the findings of the Secretary's experimental
program authorized in section 1302 of the 1984 Supplemental
Appropriations Act (97 Stat. 1292) and generally as set forth in a General Design
Memorandum to be prepared by the Jacksonville District entitled "Modified Water
Deliveries to Everglades National Park". The Draft of such Memorandum and the Final
Memorandum, as prepared by the Jacksonville District, shall be submitted as promptly as
practicable to the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the United States Senate and the Committee on Natural
Resources and the Committee on Public Works and Transportation of the United States House
of Representatives.
(3) Construction of project modifications authorized in this subsection and flood
protection systems authorized in subsections (c) and (d) of this section are justified by
the environmental benefits to be derived by the Everglades ecosystem in general and by the
park in particular and shall not require further economic justification.
(4) Nothing in this section shall be construed to limit the operation of project
facilities to achieve their design objectives, as set forth in the Congressional
authorization and any modifications thereof.
(b) Determination of adverse effect
(1) Upon completion of the Final Memorandum referred to in subsection (a) of this
section, the Secretary of the Army, in consultation with the South Florida Water
Management District, shall make a determination as to whether the residential area within
the East Everglades known as the "Eight and One-Half Square Mile Area" or
adjacent agricultural areas, all as generally depicted on the map referred to in section 410r-6(a) of this title, will be adversely affected by project
modifications authorized in subsection (a) of this section.
(2) In determining whether adjacent agricultural areas will be adversely affected, the
Secretary of the Army shall consider the impact of any flood protection system proposed to
be implemented pursuant to subsection (c) of this section on such agricultural areas.
(c) Flood protection; Eight and One-Half Square Mile Area
If the Secretary of the
Army makes a determination pursuant to subsection (b) of this section that the "Eight
and One-Half Square Mile Area" will be adversely affected, the Secretary of the Army
is authorized and directed to construct a flood protection system for that portion of
presently developed land within such area.
(d) Flood protection; adjacent agricultural area
(1) If the Secretary of the Army determines pursuant to subsection (b) of this section
that an adjacent agricultural area will be adversely affected, the Secretary of the Army
is authorized and directed to construct a flood protection system for such area. Such
determination shall be based on a finding by the Secretary of the Army that:
(A) the adverse effect will be attributable solely to a project modification authorized
in subsection (a) of this section or to a flood protection system implemented pursuant to
subsection (c) of this section, or both; and
(B) such modification or flood protection system will result in a substantial reduction
in the economic utility of such area based on its present agricultural use.
(2) No project modification authorized in subsection (a) of this section which the
Secretary of the Army determines will cause an adverse effect pursuant to subsection (b)
of this section shall be made operational until the Secretary of the Army has implemented
measures to prevent such adverse effect on the adjacent agricultural area: Provided, That
the Secretary of the Army or the South Florida Water Management District may operate the
modification to the extent that the Secretary of the Army determines that such operation
will not adversely affect the adjacent agricultural area: Provided further, That any
preventive measure shall be implemented in a manner that presents the least prospect of
harm to the natural resources of the park.
(3) Any flood protection system implemented by the Secretary of the Army pursuant to
this subsection shall be required only to provide for flood protection for present
agricultural uses within such adjacent agricultural area.
(4) The acquisition of land authorized in section 410r-6 of
this title shall not be considered a project modification.
(e) Periodic review
(1) Not later than 18 months after the completion of the project modifications
authorized in subsection (a) of this section, and periodically thereafter, the Secretary
of the Army shall review the determination of adverse effect for adjacent agricultural
areas.
(2) In conducting such review, the Secretary of the Army shall consult with all affected
parties, including, but not limited to, the Secretary, the South Florida Water Management
District and agricultural users within adjacent agricultural areas.
(3) If, on the basis of such review, the Secretary of the Army determines that an
adjacent agricultural area has been, or will be adversely affected, the Secretary of the
Army is authorized and directed, in accordance with the provisions of subsection (d) of
this section, to construct a flood protection system for such area: Provided, That the
provisions of subsection (d)(2) of this section shall be applicable only to the extent
that the Secretary, in consultation with the Secretary of the Army, determines that the
park will not be adversely affected.
(4) The provisions of this subsection shall only be applicable if the Secretary of the
Army has previously made a determination that such adjacent agricultural area will not be
adversely affected.
(f) Current canal operating levels
Nothing in this section shall be construed to
require or prohibit the Secretary of the Army or the South Florida Water Management
District from maintaining the water level within any project canal below the maximum
authorized operating level as of December 13, 1989.
(g) No limitation on other claims
If the Secretary of the Army makes a determination
of no adverse effect pursuant to subsection (b) of this section, such determination shall
not be considered as a limitation or prohibition against any available legal remedy which
may otherwise be available.
(h) Coordination
The Secretary and the Secretary of the Army shall coordinate the
construction program authorized under this section and the land acquisition program
authorized in section 410r-6 of this title in such a manner as
will permit both to proceed concurrently and as will avoid unreasonable interference with
property interests prior to the acquisition of such interests by the Secretary under
section 410r-6 of this title.
(i) West Dade Wellfield
No Federal license, permit, approval, right-of-way or
assistance shall be granted or issued with respect to the West Dade Wellfield (to be
located in the Bird Drive Drainage Basin, as identified in the Comprehensive Development
Master Plan for Dade County, Florida) until the Secretary, the Governor of the State of
Florida, the South Florida Water Management District and Dade County, Florida enter into
an agreement providing that the South Florida Water Management District's water use permit
for the wellfield, if granted, must include the following limiting conditions: (1) the
wellfield's peak pumpage rate shall not exceed 140,000,000 gallons per day; (2) the permit
shall include reasonable, enforceable measures to limit demand on the wellfield in times
of water shortage; and (3) if, during times of water shortage, the District fails to limit
demand on the wellfield pursuant to (2), or if the District limits demand on the wellfield
pursuant to (2), but the Secretary certifies that operation of the wellfield is still
causing significant adverse impacts on the resources of the Park, the Governor shall
require the South Florida Water Management District to take necessary actions to alleviate
the adverse impact, including, but not limited to, temporary reductions in the pumpage
from the wellfield.
(j) Protection of natural values
The Secretary of the Army is directed in analysis,
design and engineering associated with the development of a general design memorandum for
works and operations in the "C-111 basin" area of the East Everglades, to take
all measures which are feasible and consistent with the purposes of the project to protect
natural values associated with Everglades National Park. Upon completion of a general
design memorandum for the area, the Secretary shall prepare and transmit a report to the
Committee on Energy and Natural Resources and the Committee on Environment and Public
Works of the United States Senate and the Committee on Natural Resources and the Committee
on Public Works and Transportation of the United States House of Representatives on the
status of the natural resources of the C-111 basin and functionally related lands.
(k) Acquisition of additional lands
(1) Notwithstanding any other provision of sections 410r-5 to
410r-8 of this title, the Secretary is authorized to use funds
appropriated pursuant to sections 410r-5 to 410r-8 of this title, including any available funds appropriated
to the National Park Service for construction in the Department of the Interior and
Related Agencies Appropriations Acts for fiscal years 1991 through 1994 for project
modifications by the Army Corps of Engineers, in such amounts as determined by the
Secretary, to provide Federal assistance to the State of Florida (including political
subdivisions of the State) for acquisition of lands described in paragraph (4).
(2) With respect to any lands acquired pursuant to this subsection, the Secretary may
provide not more than 25 percent of the total cost of such acquisition.
(3) All funds made available pursuant to this subsection shall be transferred to the
State of Florida or a political subdivision of the State, subject to an agreement that any
lands acquired with such funds will be managed in perpetuity for the restoration of
natural flows to the park or Florida Bay.
(4) The lands referred to in paragraph (1) are those lands or interests therein adjacent
to, or affecting the restoration of natural water flows to, the park or Florida Bay which
are located east of the park and known as the Frog Pond, Rocky Glades Agricultural Area,
and the Eight-and-One-Half Square-Mile Area.
