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Title of Law:Water Resources Development Act of 2000
Law #:Public Law 106-541
Passed by Congress:106th Congress (2nd Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain National Academies' studies. (Pound signs [##] between passages denote the deletion of unrelated text.)

S2796 Voinovich (R-Ohio) 11/03/00
Enrolled (finally passed both houses)

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Water Resources Development Act of 2000".

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SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY.

(a) DEFINITIONS.-In this section, the following definitions apply:

(1) ACADEMY.-The term "Academy" means the National Academy of Sciences.

(2) METHOD.-The term "method" means a method, model, assumption, or other pertinent planning tool used in conducting an economic or environmental analysis of a water resources project, including the formulation of a feasibility report.

(3) FEASIBILITY REPORT.-The term "feasibility report" means each feasibility report, and each associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project.

(4) WATER RESOURCES PROJECT.-The term "water resources project" means a project for navigation, a project for flood control, a project for hurricane and storm damage reduction, a project for emergency streambank and shore protection, a project for ecosystem restoration and protection, and a water resources project of any other type carried out by the Corps of Engineers.

(b) INDEPENDENT PEER REVIEW OF PROJECTS.-

(1) IN GENERAL.-Not later than 90 days after the date of enactment of this Act, the Secretary shall contract with the Academy to study, and make recommendations relating to, the independent peer review of feasibility reports.

(2) STUDY ELEMENTS.-In carrying out a contract under paragraph (1), the Academy shall study the practicality and efficacy of the independent peer review of the feasibility reports, including-

(A) the cost, time requirements, and other considerations relating to the implementation of independent peer review; and

(B) objective criteria that may be used to determine the most effective application of independent peer review to feasibility reports for each type of water resources project.

(3) ACADEMY REPORT.-Not later than 1 year after the date of a contract under paragraph (1), the Academy shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes-

(A) the results of the study conducted under paragraphs (1) and (2); and

(B) in light of the results of the study, specific recommendations, if any, on a program for implementing independent peer review of feasibility reports.

(4) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subsection $1,000,000, to remain available until expended.

(c) INDEPENDENT PEER REVIEW OF METHODS FOR PROJECT ANALYSIS.-

(1) IN GENERAL.-Not later than 90 days after the date of enactment of this Act, the Secretary shall contract with the Academy to conduct a study that includes-

(A) a review of state-of-the-art methods;

(B) a review of the methods currently used by the Secretary;

(C) a review of a sample of instances in which the Secretary has applied the methods identified under subparagraph (B) in the analysis of each type of water resources project; and

(D) a comparative evaluation of the basis and validity of state-of-the-art methods identified under subparagraph (A) and the methods identified under subparagraphs (B) and (C).

(2) ACADEMY REPORT.-Not later than 1 year after the date of a contract under paragraph (1), the Academy shall transmit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes-

(A) the results of the study conducted under paragraph (1); and

(B) in light of the results of the study, specific recommendations for modifying any of the methods currently used by the Secretary for conducting economic and environmental analyses of water resources projects.

(3) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subsection $2,000,000. Such sums shall remain available until expended.

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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.

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(j) INDEPENDENT SCIENTIFIC REVIEW.-

(1) IN GENERAL.-The Secretary, the Secretary of the Interior, and the Governor, in consultation with the South Florida Ecosystem Restoration Task Force, shall establish an independent scientific review panel convened by a body, such as the National Academy of Sciences, to review the Planīs progress toward achieving the natural system restoration goals of the Plan.

(2) REPORT.-The panel described in paragraph (1) shall produce a biennial report to Congress, the Secretary, the Secretary of the Interior, and the Governor that includes an assessment of ecological indicators and other measures of progress in restoring the ecology of the natural system, based on the Plan.

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HRpt 106-1020 CONFERENCE REPORT To accompany S. 2796
Conference Committee
(10/31/00)
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TITLE II-GENERAL PROVISIONS

Sec. 201. Cooperation agreements with counties.Sec. 202. Watershed and river basin assessments.Sec. 203. Tribal partnership program.Sec. 204. Ability to pay.Sec. 205. Property protection program.Sec. 206. National recreation reservation service.Sec. 207. Interagency and international support authority.Sec. 208. Reburial and conveyance authority.Sec. 209. Floodplain management requirements.Sec. 210. Nonprofit entities.Sec. 211. Performance of specialized or technical services.Sec. 212. Hydroelectric power project funding.Sec. 213. Assistance programs.Sec. 214. Funding to process permits.Sec. 215. Dredged material marketing and recycling.Sec. 216. National academy of sciences study.Sec. 217. Rehabilitation of Federal flood control levees.Sec. 218. Maximum program expenditures for small flood control projects.Sec. 219. Engineering consulting services.Sec. 220. Beach recreation.Sec. 221. Design-build contracting.Sec. 222. Enhanced public participation.Sec. 223. Monitoring.Sec. 224. Fish and wildlife mitigation.Sec. 225. Feasibility studies and planning, engineering, and design.Sec. 226. Administrative costs of land conveyances.Sec. 227. Flood mitigation and riverine restoration.

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SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY.

(a) DEFINITIONS.-In this section, the following definitions apply:

(1) ACADEMY.-The term "Academy" means the National Academy of Sciences.

(2) METHOD.-The term "method" means a method, model, assumption, or other pertinent planning tool used in conducting an economic or environmental analysis of a water resources project, including the formulation of a feasibility report.

(3) FEASIBILITY REPORT.-The term "feasibility report" means each feasibility report, and each associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project.

(4) WATER RESOURCES PROJECT.-The term "water resources project" means a project for navigation, a project for flood control, a project for hurricane and storm damage reduction, a project for emergency streambank and shore protection, a project for ecosystem restoration and protection, and a water resources project of any other type carried out by the Corps of Engineers.

(b) INDEPENDENT PEER REVIEW OF PROJECTS.-

(1) IN GENERAL.-Not later than 90 days after the date of enactment of this Act, the Secretary shall contract with the Academy to study, and make recommendations relating to, the independent peer review of feasibility reports.

(2) STUDY ELEMENTS.-In carrying out a contract under paragraph (1), the Academy shall study the practicality and efficacy of the independent peer review of the feasibility reports, including-

(A) the cost, time requirements, and other considerations relating to the implementation of independent peer review; and

(B) objective criteria that may be used to determine the most effective application of independent peer review to feasibility reports for each type of water resources project.

(3) ACADEMY REPORT.-Not later than 1 year after the date of a contract under paragraph (1), the Academy shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes-

(A) the results of the study conducted under paragraphs (1) and (2); and

(B) in light of the results of the study, specific recommendations, if any, on a program for implementing independent peer review of feasibility reports.

4) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subsection $1,000,000, to remain available until expended.

(c) INDEPENDENT PEER REVIEW OF METHODS FOR PROJECT ANALYSIS.-

(1) IN GENERAL.-Not later than 90 days after the date of enactment of this Act, the Secretary shall contract with the Academy to conduct a study that includes-

(A) a review of state-of-the-art methods;

(B) a review of the methods currently used by the Secretary;

(C) a review of a sample of instances in which the Secretary has applied the methods identified under subparagraph (B) in the analysis of each type of water resources project; and

(D) a comparative evaluation of the basis and validity of state-of-the-art methods identified under subparagraph (A) and the methods identified under subparagraphs (B) and (C).

(2) ACADEMY REPORT.-Not later than 1 year after the date of a contract under paragraph (1), the Academy shall transmit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report that includes-

(A) the results of the study conducted under paragraph (1); and

(B) in light of the results of the study, specific recommendations for modifying any of the methods currently used by the Secretary for conducting economic and environmental analyses of water resources projects.

(3) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subsection $2,000,000. Such sums shall remain available until expended.

#####

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.

#####

(j) INDEPENDENT SCIENTIFIC REVIEW.-

(1) IN GENERAL.-The Secretary, the Secretary of the Interior, and the Governor, in consultation with the South Florida Ecosystem Restoration Task Force, shall establish an independent scientific review panel convened by a body, such as the National Academy of Sciences, to review the Planīs progress toward achieving the natural system restoration goals of the Plan.

(2) REPORT.-The panel described in paragraph (1) shall produce a biennial report to Congress, the Secretary, the Secretary of the Interior, and the Governor that includes an assessment of ecological indicators and other measures of progress in restoring the ecology of the natural system, based on the Plan.

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SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY

Senate §220. No comparable House section.-House recedes.

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