§ 410r-8. — Modification of certain water projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410r-8]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV--EVERGLADES NATIONAL PARK
Sec. 410r-8. Modification of certain water projects
(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.
(Pub. L. 101-229, title I, Sec. 104, Dec. 13, 1989, 103 Stat. 1949; Pub.
L. 103-219, Mar. 9, 1994, 108 Stat. 98; Pub. L. 103-437, Sec. 6(d)(9),
Nov. 2, 1994, 108 Stat. 4584.)
References in Text
Section 1302 of the 1984 Supplemental Appropriations Act, referred
to in subsec. (a)(2), is section 1302 of Pub. L. 98-181, title I, Nov.
30, 1983, 97 Stat. 1292, which is not classified to the Code.
The Department of the Interior and Related Agencies Appropriations
Acts for fiscal years 1991 through 1994, referred to in subsec. (k)(1),
are, respectively, Pub. L. 101-512, Nov. 5, 1990, 104 Stat. 1915, Pub.
L. 102-154, Nov. 13, 1991, 105 Stat. 990, Pub. L. 102-381, Oct. 5, 1992,
106 Stat. 1374, and Pub. L. 103-138, Nov. 11, 1993, 107 Stat. 1379. For
complete classification of these Acts to the Code, see Tables.
Amendments
1994--Subsecs. (a)(2), (j). Pub. L. 103-437 substituted ``Natural
Resources'' for ``Interior and Insular Affairs'' after ``Senate and the
Committee on''.
Subsec. (k). Pub. L. 103-219 added subsec. (k).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2.
Section Referred to in Other Sections
This section is referred to in sections 410r-5, 410r-6, 410r-7 of
this title.
