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1 (March 17, 2005)

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                                                                Order Code  RS21331
                                                              Updated March  17, 2005



 CRS Report for Congress

               Received through the CRS Web



                 Everglades Restoration:
           Modified Water Deliveries Project

                            Pervaze  A. Sheikh
         Analyst in Environmental  and Natural  Resources  Policy
                Resources,  Science, and  Industry Division

Summary


     The Modified Water Deliveries Project (Mod Waters) is a controversial ecological
 restoration project in south Florida designed to improve water delivery to Everglades
 National Park. The implementation schedule of Mod Waters is of interest to Congress
 partly because its completion is required before the implementation of portions of the
 Comprehensive Everglades Restoration Plan. Concerns have been raised in hearings on
 the Administration's FY2006 budget request regarding the cost of implementing the
 project and the U.S. Army Corps of Engineers' authority to fund the project. Further,
 due to concerns regarding phosphorus pollution in the Everglades, Congress enacted a
 provision in the FY2004 and FY2005 Interior Appropriations Acts that conditions
 funding for Mod Waters on meeting state water quality standards. In addition, the use
 of eminent domain to acquire land for a flood control plan adjacent to the park has been
 controversial. Several landowners who were unwilling to sell their land obtained a
 ruling in federal court that prevented further land acquisitions in the area. The Corps
 appealed this decision, and Congress authorized a plan, which included land acquisition,
 in the Consolidated Appropriations Resolution for FY2003. This report provides
 background on Mod Waters and discusses issues relating to its current status, funding,
 and land acquisition needs. This report will be updated as warranted.


 Most  Recent   Developments

    The Modified Waters Deliveries Project (Mod Waters) is being implemented by the
Department of the Interior and the U.S. Army Corps of Engineers in southern Florida.
(See Figure 1.) For FY2006, the Administration has requested a total of $60 million for
the project: $35 million through the Corps and $25 million through the Department of the
Interior. The President's request for the Everglades has drawn attention because of a
proposed change in the funding of Mod Waters. The request called for the Corps to
broaden its role by jointly funding the project with the Department of Interior, which
previously had solely funded the project. This proposal has raised a question: Is the Corps
authorized to receive appropriations to work on the project? The Administration's


Congressional  Research   Service + The Library of Congress

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