Energy And Water Development And Related Agencies Appropriations Act, 2010

Floor Speech

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Mr. NELSON of Florida. Mr. President, first, I would like to recognize the efforts of the Appropriations Committee and Chairman Inouye and Ranking Member Cochran and the chair and ranking member of the Energy and Water Subcommittee, Chairman Dorgan and Ranking Member Bennett. These leaders have a hard job to balance the many interests involved in their vital legislation.

I would like to focus on the decision of the Senate Appropriations Committee to ban new Army Corps of Engineer projects from being receiving funding in this bill.

I want to make a point that, when it comes to the Comprehensive Everglades Restoration Plan, CERP, a strong case can be made that the two authorized projects that this legislation does not fund are not new starts.

I am speaking of the Indian River Lagoon project and the Site One Impoundment project, both of which have been duly authorized by Congress. They are elements of the CERP that was authorized by the Water Resources Development Act of 2000. At the time of its authorization, CERP was a plan that envisioned over 60 separate modifications to the old Central and Southern Florida Flood Control Project, C&SF Project. It is clear to me that CERP is an extension of the old Central and Southern Florida Flood Control Project, C&SF Project.

The disastrous flood of 1947, which followed a severe drought in 1945, and the serious intrusion of saltwater gave rise to a demand for a new and effective water management system. In response to public demand, the Army Corps of Engineers Jacksonville District conducted public hearings throughout South Florida to collect information on how best to revamp the water management system. A comprehensive report was prepared by the Corps and submitted to Corps headquarters in December of 1947.

The report cited the problems of flood protection, drainage, and water control and determined that the St. Johns, Kissimmee, Lake Okeechobee, Caloosahatchee, and Everglades drainage areas composed a single system and economic unit. The report included a plan to deal with the problems of water management. This plan became the Central and Southern Florida Flood Control Project, C&SF Project.

The C&SF project was approved by Congress as a part of the Flood Control Act of 1948. The stated goal of the plan was to ``restore the natural balance between soil and water in this area insofar as possible by establishing protective works, controls, and procedures for conservation and use of water and land.'' But this project worked too well and caused far-reaching and devastating environmental impacts.

In response, Congress directed a Restudy to modify the C&SF Project and to restore the Everglades and Florida Bay ecosystems while providing for the other water-related needs of the region. The Restudy developed the Comprehensive Everglades Restoration Plan, CERP, that was submitted to Congress and authorized in the Water Resources Development Act of 2000.

This chain of events shows that indeed CERP and its individual units are part of the C&SF Project that has received hundreds of millions of dollars in Federal funding over the years. The Corps fiscal year 2009 budget request document states: ``The C&SF Project includes the Comprehensive Everglades Restoration Plan (CERP).''

The language of WRDA 2007 includes the term ``Central and Southern Florida'' when describing the Indian River Lagoon, Picayune Strand, and Site One Impoundment projects. These projects are a modification of an existing project that remains under construction.

In its fact sheet for the fiscal year 2009 budget, the Corps states the following: ``The C&SF Project includes the Comprehensive Everglades Restoration Plan (CERP)''

I also would note that in the Secretary of the Army's Annual Report for fiscal year 2007 on Civil Works Activities the following appears in paragraph 76: ``CENTRAL AND SOUTHERN FLORIDA, INCLUDING COMPREHENSIVE EVERGLADES RESTORATION PLAN''

I think it is clear that we do not have a situation of separate projects involved in CERP. CERP is a unified and comprehensive continuation of the old Central and Southern Project.

Senator Martinez and I have filed amendments to put the projects back in the bill. The Florida Congressional delegation made sure the projects were fully funded and included in the House-passed bill.

Therefore, when the legislation goes to conference, I urge the leaders of the full committee and the subcommittee to consider this unique situation involving these two components of the CERP--the Indian River Lagoon and the Site One Impoundment projects. I respectfully ask them to keep an open mind on this issue in conference and would further add the House version of the legislation would fund those projects.

Now may I say a few words about these projects.

Mr. President, I grew up on the Indian River Lagoon. It is a wonderfully diverse area. The St. Lucie River and the Indian River Lagoon are periodically devastated by discharges from Lake Okeechobee and the areas surrounding the estuaries. The local citizens of Martin County have assessed themselves to raise money to buy land to be restored and used for reservoirs for the project. So far they have spent some $50 million. They have done their part.

The Site One Impoundment project will save water from being discharged to sea and use it to benefit the Loxahatchee National Wildlife Refuge and provide benefits, including improved water quality, to downstream estuaries. It will also improve water flow into the Everglades, protect local water supplies, and provide environmental benefits to Water Conservation Areas.

These projects are vital to restoring America's Everglades. I again urge the leaders of the Committee to consider these facts in conference.

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