H.R. 7520

To direct the Corps of Engineers to develop a comprehensive plan for Lake Okeechobee and northern estuaries ecosystem restoration, and for other purposes.

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117th CONGRESS

2d Session

H. R. 7520

IN THE HOUSE OF REPRESENTATIVES

April 14, 2022

Mr. Mast introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To direct the Corps of Engineers to develop a comprehensive plan for Lake Okeechobee and northern estuaries ecosystem restoration, and for other purposes.

1.

Lake Okeechobee and northern estuaries ecosystem restoration, Florida

(a)

Definitions

In this section:

(1)

Central and Southern Florida project

The term Central and Southern Florida Project has the meaning given that term in section 601 of the Water Resources Development Act of 2000.

(2)

Northern estuaries

The term northern estuaries means the Caloosahatchee Estuary, Charlotte Harbor, Indian River Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.

(3)

Secretary

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

(4)

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;

(iii)

the contiguous near-shore coastal water of South Florida; and

(iv)

Florida’s Coral Reef.

(5)

Study area

The term study area means Lake Okeechobee and the northern estuaries, including all lands and waters in the upstream watershed of those receiving bodies within—

(A)

the South Florida ecosystem; or

(B)

the study area boundaries of the Indian River Lagoon National Estuary Program and the Coastal and Heartland Estuary Partnership, authorized pursuant to section 320 of the Federal Water Pollution Control Act.

(b)

Comprehensive plan

(1)

In general

(A)

Development

The Secretary shall develop, in cooperation with the non-Federal sponsors of the Central and Southern Florida project and any relevant Federal, State, and Tribal agencies, a comprehensive plan for the purpose of restoring, preserving, and protecting Lake Okeechobee and the northern estuaries.

(B)

Inclusions

In carrying out subparagraph (A), the Secretary shall ensure that the comprehensive plan provides for the protection and improvement of water quality within the study area through activities that include—

(i)

the elimination of harmful discharges from Lake Okeechobee;

(ii)

the reduction and elimination of harmful algal blooms;

(iii)

the restoration of hydrological connections and conditions;

(iv)

the enhancement of habitat, emergent and submerged aquatic vegetation, and keystone species populations; and

(v)

the dredging and beneficial reuse of harmful silt and muck deposits in Lake Okeechobee and the northern estuaries.

(C)

Submission

Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress—

(i)

the comprehensive plan developed under this paragraph; and

(ii)

a feasibility report and a programmatic environmental impact statement for any proposed Federal actions set forth in such plan.

(D)

Interim reports

Not later than 1 year after the date of enactment of this Act, and annually thereafter until the submission of the comprehensive plan under subparagraph (C), the Secretary shall submit to Congress an interim report on the development of the comprehensive plan.

(E)

Additional studies and analyses

Notwithstanding the submission of a feasibility report under subparagraph (C), the Secretary shall continue to conduct such studies and analyses after the date of such submission as are necessary for the purpose of restoring, preserving, and protecting Lake Okeechobee and the northern estuaries.

(2)

Water quality

In carrying out this subsection, the Secretary shall take into account the protection of water quality, in consultation with the State of Florida and by considering applicable State water quality standards.

(3)

Integration of other activities

In carrying out this subsection, the Secretary shall integrate the activities included in the comprehensive plan with ongoing Federal, State, and Tribal projects and activities, including—

(A)

the Lake Okeechobee System Operating Manual and any subsequent water control plan for Lake Okeechobee; and

(B)

the projects authorized under the Central and Southern Florida project and the Comprehensive Everglades Restoration Plan.

(c)

Justification

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 any activity included in the comprehensive plan developed under subsection (b), the Secretary may determine that—

(1)

the activity is justified by the environmental benefits derived by Lake Okeechobee and the northern estuaries; and

(2)

no further economic justification for the activity is required, if the Secretary determines that the activity is cost-effective.