Water Development
Act of 1996, Section 528
SECTION. 528. EVERGLADES AND SOUTH FLORIDA
ECOSYSTEM RESTORATION.
- DEFINITIONS- In this section, the
following definitions apply:
- CENTRAL AND SOUTHERN FLORIDA
PROJECT- 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), and any modification to the
project authorized by law.
- COMMISSION- The term `Commission'
means the Governor's Commission for a Sustainable South Florida,
established by Executive Order of the Governor dated March 3,
1994.
- GOVERNOR- The term `Governor' means
the Governor of the State of Florida.
- SOUTH FLORIDA ECOSYSTEM- The term
`South Florida ecosystem' means the area consisting of the lands
and waters within the boundary of the South Florida Water
Management District, including the Everglades, the Florida Keys,
and the contiguous near-shore coastal waters of South Florida.
- (5) TASK FORCE- The term `Task
Force' means the South Florida Ecosystem Restoration Task Force
established by subsection (f).
- RESTORATION ACTIVITIES-
- COMPREHENSIVE PLAN-
- DEVELOPMENT-
- PURPOSE- The Secretary shall
develop, as expeditiously as practicable, a proposed
comprehensive plan for the purpose of restoring,
preserving, and protecting the South Florida ecosystem.
The comprehensive plan shall provide for the protection of
water quality in, and the reduction of the loss of fresh
water from, the Everglades. The comprehensive plan shall
include such features as are necessary to provide for the
water-related needs of the region, including flood
control, the enhancement of water supplies, and other
objectives served by the Central and Southern Florida
Project.
- CONSIDERATIONS- The
comprehensive plan shall--
- be developed by the
Secretary in cooperation with the non-Federal project
sponsor and in consultation with the Task Force; and
- consider the conceptual
framework specified in the report entitled `Conceptual
Plan for the Central and Southern Florida Project
Restudy', published by the Commission and approved by
the Governor.
- SUBMISSION- Not later than July
1, 1999, the Secretary shall--
- complete the feasibility
phase of the Central and Southern Florida Project
comprehensive review study as authorized by section 309(l)
of the Water Resources Development Act of 1992 (106 Stat.
4844), and by 2 resolutions of the Committee on Public
Works and Transportation of the House of Representatives,
dated September 24, 1992; and
- submit to Congress the plan
developed under subparagraph (A)(i) consisting of a
feasibility report and a programmatic environmental impact
statement covering the proposed Federal action set forth
in the plan.
- ADDITIONAL STUDIES AND ANALYSES-
Notwithstanding the completion of the feasibility report under
subparagraph (B), the Secretary shall continue to conduct such
studies and analyses as are necessary, consistent with
subparagraph (A)(i).
- USE OF EXISTING AUTHORITY FOR
UNCONSTRUCTED PROJECT FEATURES- The Secretary shall design and
construct any features of the Central and Southern Florida Project
that are authorized on the date of the enactment of this Act or
that may be implemented in accordance with the Secretary's
authority to modify an authorized project, including features
authorized under sections 315 and 316, with funds that are
otherwise available, if the Secretary determines that the design
and construction--
- will accelerate the restoration,
preservation, and protection of the South Florida ecosystem;
- will be generally consistent
with the conceptual framework described in paragraph (1)(A)(ii)(II);
and
- will be compatible with the
overall authorized purposes of the Central and Southern
Florida Project.
- CRITICAL RESTORATION PROJECTS-
- IN GENERAL- In addition to the
activities described in paragraphs (1) and (2), if the
Secretary, in cooperation with the non-Federal project sponsor
and the Task Force, determines that a restoration project for
the South Florida ecosystem will produce independent,
immediate, and substantial restoration, preservation, and
protection benefits, and will be generally consistent with the
conceptual framework described in paragraph (1)(A)(ii)(II),
the Secretary shall proceed expeditiously with the
implementation of the restoration project.
- INITIATION OF PROJECTS- After
September 30, 1999, no new projects may be initiated under
subparagraph (A).
- AUTHORIZATION OF APPROPRIATIONS-
- IN GENERAL- There is
authorized to be appropriated to the Department of the
Army to pay the Federal share of the cost of carrying out
projects under subparagraph (A) $75,000,000 for the period
consisting of fiscal years 1997 through 1999.
- FEDERAL SHARE- The Federal
share of the cost of carrying out any 1 project under
subparagraph (A) shall be not more than $25,000,000.
- GENERAL PROVISIONS-
- WATER QUALITY- In carrying out
activities described in this subsection and sections 315 and
316, the Secretary--
- shall take into account the
protection of water quality by considering applicable
State water quality standards; and
- may include in projects such
features as are necessary to provide water to restore,
preserve, and protect the South Florida ecosystem.
- COMPLIANCE WITH APPLICABLE LAW-
In carrying out the activities described in this subsection
and subsection (c), the Secretary shall comply with any
applicable Federal law, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
- PUBLIC PARTICIPATION- In
developing the comprehensive plan under paragraph (1) and
carrying out the activities described in this subsection and
subsection (c), the Secretary shall provide for public review
and comment on the activities in accordance with applicable
Federal law.
- INTEGRATION OF OTHER ACTIVITIES-
- IN GENERAL- In carrying out
activities described in subsection (b), the Secretary shall
integrate such activities with ongoing Federal and State projects
and activities, including--
- the project for the ecosystem
restoration of the Kissimmee River, Florida, authorized by
section 101 of the Water Resources Development Act of 1992
(106 Stat. 4802);
- the project for modifications to
improve water deliveries into Everglades National Park
authorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-8);
- activities under the Florida
Keys National Marine Sanctuary and Protection Act (16 U.S.C.
1433 note; 104 Stat. 3089); and
- the Everglades Construction
Project of the State of Florida.
- STATUTORY CONSTRUCTION-
- EXISTING AUTHORITY- Except as
otherwise expressly provided in this section, nothing in this
section affects any authority in effect on the date of the
enactment of this Act, or any requirement of the authority,
relating to participation in restoration activities in the
South Florida ecosystem, including the projects and activities
specified in paragraph (1), by--
- the Department of the
Interior;
- the Department of Commerce;
- the Department of the Army;
- the Environmental Protection
Agency;
- the Department of
Agriculture;
- the State of Florida; and
- the South Florida Water
Management District.
- NEW AUTHORITY- Nothing in this
section confers any new regulatory authority on any Federal or
non-Federal entity that carries out any activity authorized by
this section.
- JUSTIFICATION-
- 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 the activities to restore,
preserve, and protect the South Florida ecosystem described in
subsection (b), the Secretary may determine that the activities--
- are justified by the
environmental benefits derived by the South Florida ecosystem
in general and the Everglades and Florida Bay in particular;
and
- shall not need further economic
justification if the Secretary determines that the activities
are cost-effective.
- APPLICABILITY- Paragraph (1) shall
not apply to any separable element intended to produce benefits
that are predominantly unrelated to the restoration, preservation,
and protection of the South Florida ecosystem.
- COST SHARING-
- IN GENERAL- Except as provided in
sections 315 and 316 and paragraph (2), the non-Federal share of
the cost of activities described in subsection (b) shall be 50
percent.
- WATER QUALITY FEATURES-
- IN GENERAL- Except as provided
in subparagraph (B), the non-Federal share of the cost of
project features to improve water quality described in
subsection (b) shall be 100 percent.
- EXCEPTION-
- IN GENERAL- Subject to
clause (ii), if the Secretary determines that a project
feature to improve water quality is essential to
Everglades restoration, the non-Federal share of the cost
of the feature shall be 50 percent.
- APPLICABILITY- Clause (i)
shall not apply to any feature of the Everglades
Construction Project of the State of Florida.
- OPERATION AND MAINTENANCE- The
operation and maintenance of projects carried out under this
section shall be a non-Federal responsibility.
- CREDIT- Regardless of the date of
acquisition, the value of lands or interests in land acquired by
non-Federal interests for any activity described in subsection (b)
shall be included in the total cost of the activity and credited
against the non-Federal share of the cost of the activity. Such
value shall be determined by the Secretary.
- SOUTH FLORIDA ECOSYSTEM RESTORATION TASK
FORCE-
- ESTABLISHMENT AND MEMBERSHIP- There
is established the South Florida Ecosystem Restoration Task Force,
which shall consist of the following members (or, in the case of a
Federal agency, a designee at the level of assistant secretary or
an equivalent level):
- The Secretary of the Interior,
who shall serve as chairperson.
- The Secretary of Commerce.
- The Secretary.
- The Attorney General.
- The Administrator of the
Environmental Protection Agency.
- The Secretary of Agriculture.
- The Secretary of Transportation.
- 1 representative of the
Miccosukee Tribe of Indians of Florida, to be appointed by the
Secretary of the Interior based on the recommendations of the
tribal chairman.
- 1 representative of the Seminole
Tribe of Florida, to be appointed by the Secretary of the
Interior based on the recommendations of the tribal chairman.
- 2 representatives of the State
of Florida, to be appointed by the Secretary of the Interior
based on the recommendations of the Governor.
- 1 representative of the South
Florida Water Management District, to be appointed by the
Secretary of the Interior based on the recommendations of the
Governor.
- 2 representatives of local
government in the State of Florida, to be appointed by the
Secretary of the Interior based on the recommendations of the
Governor.
- DUTIES OF TASK FORCE- The Task Force--
- shall consult with, and provide
recommendations to, the Secretary during development of the
comprehensive plan under subsection (b)(1);
- shall coordinate the development of
consistent policies, strategies, plans, programs, projects,
activities, and priorities for addressing the restoration,
preservation, and protection of the South Florida ecosystem;
- shall exchange information regarding
programs, projects, and activities of the agencies and entities
represented on the Task Force to promote ecosystem restoration and
maintenance;
- shall establish a Florida-based
working group which shall include representatives of the agencies
and entities represented on the Task Force as well as other
governmental entities as appropriate for the purpose of
formulating, recommending, coordinating, and implementing the
policies, strategies, plans, programs, projects, activities, and
priorities of the Task Force;
- may, and the working group described
in subparagraph (D), may--
- establish such advisory bodies
as are necessary to assist the Task Force in its duties,
including public policy and scientific issues; and
- select as an advisory body any
entity, such as the Commission, that represents a broad
variety of private and public interests;
- shall facilitate the resolution of
interagency and intergovernmental conflicts associated with the
restoration of the South Florida ecosystem among agencies and
entities represented on the Task Force;
- shall coordinate scientific and
other research associated with the restoration of the South
Florida ecosystem;
- shall provide assistance and support
to agencies and entities represented on the Task Force in their
restoration activities;
- shall prepare an integrated
financial plan and recommendations for coordinated budget requests
for the funds proposed to be expended by agencies and entities
represented on the Task Force for the restoration, preservation,
and protection of the South Florida ecosystem; and
- shall submit a biennial report to
Congress that summarizes--
- the activities of the Task
Force;
- the policies, strategies, plans,
programs, projects, activities, and priorities planned,
developed, or implemented for the restoration of the South
Florida ecosystem; and
- progress made toward the
restoration.
- PROCEDURES AND ADVICE-
- PUBLIC PARTICIPATION-
- IN GENERAL- The Task Force shall
implement procedures to facilitate public participation in the
advisory process, including providing advance notice of
meetings, providing adequate opportunity for public input and
comment, maintaining appropriate records, and making a record
of the proceedings of meetings available for public
inspection.
- OVERSIGHT- The Secretary of the
Interior shall ensure that the procedures described in clause
(i) are adopted and implemented and that the records described
in clause (i) are accurately maintained and available for
public inspection.
- ADVISORS TO THE TASK FORCE AND
WORKING GROUP- The Task Force or the working group described in
paragraph (2)(D) may seek advice and input from any interested,
knowledgeable, or affected party as the Task Force or working
group, respectively, determines necessary to perform the duties
described in paragraph (2).
- APPLICATION OF THE FEDERAL ADVISORY
COMMITTEE ACT-
- TASK FORCE AND WORKING GROUP-
The Task Force and the working group shall not be considered
advisory committees under the Federal Advisory Committee Act
(5 U.S.C. App.).
- ADVISORS- Seeking advice and
input under subparagraph (B) shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
- COMPENSATION- A member of the Task Force
shall receive no compensation for the service of the member on the
Task Force.
- TRAVEL EXPENSES- Travel expenses
incurred by a member of the Task Force in the performance of services
for the Task Force shall be paid by the agency, tribe, or government
that the member represents.
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