Page:United States Statutes at Large Volume 110 Part 5.djvu/696

 110 STAT. 3770 PUBLIC LAW 104-303—OCT. 12, 1996 ida ecosystem, including the projects and activities specified in paragraph (1), by— (i) the Department of the Interior; (ii) the Department of Commerce; (iii) the Department of the Army; (iv) the Environmental Protection Agency; (v) the Department of Agriculture; (vi) the State of Florida; and (vii) the South Florida Water Management District. (B) NEW AUTHORITY.— Nothing in this section confers any new regulatory authority on any Federal or non-Federal entity that carries out any activity authorized by this section. (d) JUSTIFICATION.— (1) IN GENERAL.— 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 the activities to restore, preserve, and protect the South Florida ecosystem described in subsection (b), the Secretary may determine that the activities— (A) are justified by the environmental benefits derived by the South Florida ecosystem in general and the Everglades and Florida Bay in particular; and (B) shall not need further economic justification if the Secretary determines that the activities are cost-effective. (2) APPLICABILITY.—Paragraph (1) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the restoration, preservation, and protection of the South Florida ecosystem. (e) COST SHARING.— (1) IN GENERAL.— Except as provided in sections 315 and 316 and paragraph (2), the non-Federal share of the cost of activities described in subsection (b) shall be 50 percent. (2) WATER QUALITY FEATURES.— (A) IN GENERAL.— Except as provided in subparagraph (B), the non-Federal share of the cost of project features to improve water quality described in subsection (b) shall be 100 percent. (B) EXCEPTION.— (i) IN GENERAL.— Subject to clause (ii), if the Secretary determines that a project feature to improve water quality is essential to Everglades restoration, the non-Federal share of the cost of the feature shall be 50 percent. (ii) APPLICABILITY. —Clause (i) shall not apply to any feature of the Everglades Construction Project of the State of Florida. (3) OPERATION AND MAINTENANCE.—The operation and maintenance of projects carried out under this section shall be a non-Federal responsibility. (4) CREDIT. — Regardless of the date of acquisition, the value of lands or interests in land acquired by non-Federal interests for any activity described in subsection (b) shall be included in the total cost of the activity and credited against the non- Federal share of the cost of the activity. Such value shall be determined by the Secretary. (f) SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE. —

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