House OKs Everglades, Starts Recess
AP 3nov00

WASHINGTON -- The House passed a huge restoration project for Florida's Everglades on Friday and joined the Senate in a recess that puts off major spending and tax decisions until after Election Day.

``Realistically now, we won't be able to complete the year's work until after the election,'' said House Majority Leader Dick Armey, R-Texas, following a closed-door meeting of GOP rank and file.

To blunt charges from Democrats about a do-nothing Congress, the House doggedly stayed in session this week despite a budget stalemate that led the Senate to recess until a lame-duck session to begin Nov. 14. With this weekend the last to campaign before Tuesday's election, the House approved the Senate's recess resolution on a voice vote.

Yet the scheduling of the Everglades bill was infused with politics. Votes were scheduled Friday to ensure the attendance of GOP Rep. E. Clay Shaw of Florida, who faces a tough re-election battle and will have a powerful new tool for the final weekend of the campaign. The vote also gives Republicans a major environmental issue to promote in a hotly contested state in the presidential campaign.

Prior to the 312-2 House vote, Shaw called the bill the ``first step in really restoring this great national treasure.''

The measure, part of a broader water resources bill that has already passed the Senate, would authorize $1.4 billion for the first phase of an eventual $7.8 billion federal-state project intended to restore the Everglades' natural sheet of water flow after decades of human interference and pollution from agricultural runoff. The southern Everglades is a protected national park.

More than a month after the Oct. 1 start of the new fiscal year, the House voted 310-7 Thursday _ more than 100 members were absent _ for another 24-hour stopgap spending bill to keep federal programs running and avoid a government shutdown.

That measure also included $7.1 million to open a transition office next week for use by the new president-elect. The money was originally contained in a spending bill that Clinton vetoed.

The Senate, which is technically still in session until the House leaves, followed on a voice vote with only GOP Sens. Frank Murkowski of Alaska and Strom Thurmond of South Carolina in the chamber. The Senate also approved a resolution deeming as passed any further one-day spending bills sent over by the House.

Democrats scoffed at the idea that anything of significance could be accomplished in the waning days before the election. ``The Republicans' goal seems to be to stay longer, and do less, than any Congress in history,'' said Senate Democratic leader Tom Daschle of South Dakota.

Clinton had previously insisted that stopgap spending measures be approved only one day at a time to assure that Congress continue to concentrate on unfinished business.

But with no hope of finishing before the election _ six of the 13 annual spending bills are still unsigned by the president _ the White House has indicated the president will not stand in the way of a longer spending extension.

White House Chief of Staff John Podesta said that after GOP leaders rejected a negotiated compromise Monday on a $350 billion labor, education and health spending bill, there was ``no useful purpose'' in keeping Congress in session. ``We're not interested in doing this as a stunt,'' Podesta said.

• The bill is S. 2796.
• Bill text available: http://thomas.loc.gov
• Everglades database: http://everglades.fiu.edu/eol/about.html

TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

(a) DEFINITIONS- In this section, the following definitions apply:
(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 section or any other provision of law.
(2) GOVERNOR- The term `Governor' means the Governor of the State of Florida.
(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 section.
(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 section, the Plan is approved as a framework for modifications and operational changes to the Central and Southern Florida Project that are needed to restore, preserve, and protect 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, and 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 section, for as long as the project is authorized.
(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). Unless specifically provided herein, nothing in this section shall be construed to modify any existing cost share or responsibility for projects as listed in subsection (c) or (e) of section 528 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, 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:
(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 (including component AA, Additional S-345 Structures; component QQ Phase 1, Raise and Bridge East Portion of Tamiami Trail and Fill Miami Canal within WCA 3; component QQ Phase 2, WCA 3 Decompartmentalization and Sheetflow Enhancement; and component SS, North New River Improvements) or the Central Lakebelt Storage Project (including components S and EEE, Central Lake Belt Storage Area) 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 COST- The total cost of all projects carried out under this subsection shall not exceed $206,000,000, with an estimated Federal cost of $103,000,000 and an estimated non-Federal cost of $103,000,000.
(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 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. Funds to be credited do not include funds provided under section 390 of the Federal Agriculture Improvement and Reform Act of 1996 (110 Stat. 1022).
(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. Furthermore, the Seminole Tribe of Florida shall be responsible for 50 percent of the cost of operation, maintenance, repair, replacement, and rehabilitation activities for the Big Cypress Seminole Reservation Water Conservation Plan Project.
(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 the preconstruction engineering and design phase and 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-

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 complete, after notice and opportunity for public comment and in accordance with subsection (h), a project implementation report for the project.

(2) PROJECT JUSTIFICATION-