Page:United States Statutes at Large Volume 103 Part 2.djvu/940

 103 STAT. 1950 PUBLIC LAW 101-229—DEC. 13, 1989 (2) In determining whether adjacent agricultural areas will be adversely affected, the Secretary of the Army shall consider the impact of any flood protection system proposed to be implemented pursuant to subsection (c) on such agricultural areas. (c) FLOOD PROTECTION; EIGHT AND ONE-HALF SQUARE MILE AREA.—If the Secretary of the Army makes a determination pursu- ant to subsection (b) that the "Eight and One-Half Square Mile Area" will be adversely affected, the Secretary of the Army is authorized and directed to construct a flood protection system for that portion of presently developed land within such area. (d) FLOOD PROTECTION; ADJACENT AGRICULTURAL AREA. —(1) If the Secretary of the Army determines pursuant to subsection (b) that an adjacent agricultural area will be adversely affected, the Secretary of the Army is authorized and directed to construct a flood protec- tion system for such area. Such determination shall be based on a flnding by the Secretary of the Army that: (A) the adverse effect will be attributable solely to a project modiflcation authorized in subsection (a) or to a flood protection system implemented pursuant to subsection (c), or both; and (B) such modiflcation or flood protection system will result in a substantial reduction in the economic utility of such area based on its present agricultural use. (2) No project modiflcation authorized in subsection (a) which the Secretary of the Army determines will cause an adverse effect pursuant to subsection (b) shall be made operational until the Secretary of the Army has implemented measures to prevent such adverse effect on the adjacent agricultural area: Provided, That the Secretary of the Army or the South Florida Water Management District may operate the modiflcation to the extent that the Sec- retary of the Army determines that such operation will not ad- versely affect the adjacent agricultural area: Provided further. That any preventive measure shall be implemented in a manner that presents the least prospect of harm to the natural resources of the park. (3) Any flood protection system implemented by the Secretary of the Army pursuant to this subsection shall be required only to provide for flood protection for present agricultural uses within such adjacent agricultural area. (4) The acquisition of land authorized in section 102 shall not be considered a project modiflcation. Agriculture and (e) PERIODIC REVIEW.—(1) Not later than 18 months after the ^S^^^lu^ completion of the project modiflcations authorized in subsection (a), '^""** ' "" and periodically thereafter, the Secretary of the Army shall review the determination of adverse effect for adjacent agricultural areas. (2) In conducting such review, the Secretary of the Army shall consult with all affected parties, including, but not limited to, the Secretary, the South Florida Water Management District and agri- cultural users within adjacent agricultural areas. (3) If, on the basis of strch review, the Secretary of the Army determines that an adjacent agricultural area has been, or will be adversely affected, the Secretary of the Army is authorized and directed, in accordance with the provisions of subsection (d), to construct a flood protection system for such area: Provided, That the provisions of subsection (d)(2) shall be applicable only to the extent that the Secretary, in consultation with the Secretary of the Army, determines that the park will not be adversely affected. commodities.

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