§410r–8 Modification of Certain Water Projects

Summary

Directs the Army Corps of Engineers to build changes to the Central and Southern Florida Project so more water can flow into Everglades National Park and, as much as possible, to help restore the park’s natural water patterns. The design must follow the earlier experimental work and a General Design Memorandum called “Modified Water Deliveries to Everglades National Park.” Draft and final design papers must be sent to the relevant Congressional committees. The work is allowed because of the environmental benefits and does not need extra economic justification. The project must still be run to meet its original design goals. After the final design is done, the Army must decide, with the South Florida Water Management District, whether the Eight-and-One-Half Square Mile Area or nearby farm land will be harmed by the changes. If the Eight-and-One-Half area would be harmed, the Army must build flood protection for the developed land there. If nearby farm land would be harmed only because of these project changes or the flood protection and that harm would greatly reduce the land’s current farming value, the Army must build flood protection for that farm land. No project change that would harm adjacent farm land can be put into operation until measures are in place to prevent the harm, except for limited use if the Army finds it will not cause harm. Preventive work must try to do the least harm to the park. The Army must review these harm decisions not later than 18 months after construction finishes and from time to time after that, and must talk to affected parties during reviews. The law does not force or stop keeping any canal below the maximum operating level authorized as of December 13, 1989. No federal approvals for the West Dade Wellfield may be issued until an agreement limits peak pumping to 140,000,000 gallons per day, includes enforceable shortage rules, and lets the Governor require the District to cut pumping if needed to stop park harm. In designing work in the C–111 basin, the Army must protect natural values as much as is feasible and report on conditions to Congress. Finally, the Secretary may give up to 25 percent of the cost to help Florida buy certain lands east of the park (Frog Pond, Rocky Glades Agricultural Area, and the Eight-and-One-Half Square-Mile Area) using funds available for 1991 through 1994; those lands must be managed forever to restore natural water flows. The Interior Secretary and the Army must coordinate construction and land purchases so both can move forward together and avoid harming property before it is bought.