What This Bill Does
This bill directs the Army Corps of Engineers to change how it manages the Central and Southern Florida water system. The main goal is to make protecting public health the top priority in all water management decisions. The bill specifically focuses on preventing toxic cyanobacteria blooms (harmful algae that can poison water).
Who It Affects
The Army Corps of Engineers, the Secretary of the Army, the Assistant Secretary of the Army for Civil Works, the State of Florida, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and people living in areas affected by Lake Okeechobee and the Central and Southern Florida water system.
Key Provisions
- The Secretary of the Army must change how the water system operates so that public health protection becomes the main goal that guides all other water management purposes like flood control and water supply (Sec. 2(a) and (c))
- The Secretary of the Army must update or create a Master Operational Manual working with the State of Florida to manage all water system parts together to protect public health and restore the Everglades (Sec. 2(d))
- The Secretary of the Army must work with the National Academies of Sciences to study pollution and nutrient buildup from past and current water management practices and find solutions to fix the damage downstream (Sec. 2(e))
- No restoration funds can be used for Deep Well Injection of flood water or other excess water (Sec. 2(g))
What Changes
The law changes the priority order of the water system's purposes. Public health protection must now come first and guide how all other goals are met. The water system must be managed as one complete system instead of separate parts. The government must study past pollution problems and work on fixing them.
Important Definitions
"Public health" is defined as: managing Lake Okeechobee and the water system to minimize toxic cyanobacteria and harmful algal blooms; preventing discharges of cyanobacteria or toxins into the St. Lucie and Caloosahatchee watersheds (areas where water flows) and other areas where these toxins would cause harm; ensuring the Herbert Hoover Dike stays safe and stable; following all state, federal and tribal water quality laws; and making sure enough clean water reaches the Everglades, tribal lands, Everglades National Park, Florida Bay and the Caloosahatchee Watershed to restore natural habitat (Sec. 2(b)).
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2503
To modify the project for Central and Southern Florida to include public
health considerations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 2023
Mr. MAST introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To modify the project for Central and Southern Florida
to include public health considerations, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Prioritizing Revised
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Operations To Eliminate Cyanobacteria Toxins in Florida
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Act’’ or the ‘‘PROTECT Florida Act’’.
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SEC. 2. MANAGEMENT OF THE CENTRAL AND SOUTHERN
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FLORIDA SYSTEM.
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(a) IN GENERAL.—The Assistant Secretary of the
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Army for Civil Works shall direct the Army Corps of Engi-
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•HR 2503 IH
neers to modify water infrastructure management in Cen-
1
tral and Southern Florida to ensure public health shall
2
overlay all authorized project purposes. Such authorized
3
project purposes shall include—
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(1) flood control;
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(2) navigation;
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(3) water supply for agricultural irrigation, mu-
7
nicipalities, industry, and Everglades National Park;
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(4) regional groundwater control, and salinity
9
control;
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(5) enhancement of fish and wildlife; and
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(6) recreation.
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(b) PUBLIC HEALTH.—For the purposes of this Act,
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the term ‘‘public health’’ is defined as follows:
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(1) Managing Lake Okeechobee and the Central
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and Southern Florida system—
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(A) to minimize the potential of toxic
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cyanobacteria and other harmful algal blooms;
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and
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(B)
prevent
discharges
containing
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cyanobacteria or related toxins into the St.
21
Lucie and Caloosahatchee watersheds, down-
22
stream users, and other areas where such
23
cyanobacteria or related toxins will cause or ex-
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acerbate public health risks.
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•HR 2503 IH
(2) Ensuring the integrity and stability of the
1
Herbert Hoover Dike.
2
(3) Maintaining all provisions of applicable
3
State, Federal, and Tribal water quality laws, poli-
4
cies, and regulations.
5
(4) Ensuring necessary water volume and qual-
6
ity reaches the greater Everglades, Tribal lands, Ev-
7
erglades
National
Park,
Florida
Bay
and
8
Caloosahatchee Watershed to restore the natural
9
habitat.
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(c) MODIFICATION OF OPERATIONS.—The Secretary
11
of the Army shall modify operations of all current project
12
elements to ensure that public health of all citizens, in-
13
cluding downstream users, shall overlay the operating re-
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gimes of these various elements.
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(d) MASTER
OPERATIONAL
MANUAL.—The Sec-
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retary of the Army shall update or develop a Master Oper-
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ational Manual, in cooperation with the State of Florida,
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to ensure that all of the various existing operational
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project elements of the Central and Southern Florida
20
project shall be managed as a system to protect public
21
health and Everglades Restoration. As new elements are
22
completed and added to the project, the Master Oper-
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ational Manual shall be updated to include the new fea-
24
tures.
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•HR 2503 IH
(e) STUDY.—The Secretary of the Army, in conjunc-
1
tion with the National Academies of Sciences, shall under-
2
take a study of the legacy of pollution and nutrient loading
3
as well as the impacts of soil amendments from current
4
and past operational regimes. The study shall include—
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(1) the components of the nutrient load and soil
6
amendments, and how this nutrient loading is and
7
will continue to impact Everglades restoration ef-
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forts; and
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(2) proposed solutions to ameliorate the impacts
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of this pollution to downstream watersheds.
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(f) SCOPE.—Nothing in this section shall be con-
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strued to alter or amend—
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(1) the Water Rights Compact between the
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State of Florida and the Seminole Tribe of Florida;
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(2) the water quality standards of the
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Miccosukee Tribe of Indians of Florida;
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(3) State water quality standards, applicable
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National Pollutant Discharge Elimination System
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discharge permits, and Everglades Forever Act wa-
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tershed permits; or
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(4) the schedule for completion of the Central
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Everglades Planning Project or Comprehensive Ev-
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erglades Restoration Plan projects authorized on or
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before enactment of this Act.
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•HR 2503 IH
(g)
PROHIBITION
ON
USE
OF
RESTORATION
1
FUNDS.—No restoration funds shall be used by the Sec-
2
retary to undertake Deep Well Injection (DWI) of flood
3
or any other excess waters.
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(h) AUTHORIZATION
OF APPROPRIATIONS.—There
5
are authorized to be appropriated such sums as are nec-
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essary to carry out the provisions of this Act.
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Æ
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