Page:United States Statutes at Large Volume 114 Part 4.djvu/624

 114 STAT. 2686 PUBLIC LAW 106-541—DEC. 11, 2000 (E) AUDITS. —Credit for land (including land value and incidental costs) or work provided under this subsection shall be subject to audit by the Secretary. (f) EVALUATION OF PROJECTS.— Reports. (1) IN GENERAL.— Before implementation of a project authorized by subsection (c) or (d) or any of clauses (i) through (x) of subsection (b)(2)(C), the Secretary, in cooperation with the non-Federal sponsor, shall complete, after notice and opportunity for public comment and in accordance with subsection (h), a project implementation report for the project. (2) PROJECT JUSTIFICATION.— (A) 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 any activity authorized under this section or any other provision of law to restore, preserve, or protect the South Florida ecosystem, the Secretary may determine that— (i) the activity is justified by the environmental benefits derived by the South Florida ecosystem; and (ii) no further economic justification for the activity is required, if the Secretary determines that the activity is cost-effective. (B) APPLICABILITY. —Subparagraph (A) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the restoration, preservation, and protection of the natural system. (g) EXCLUSIONS AND LIMITATIONS. — The following Plan components are not approved for implementation: (1) WATER INCLUDED IN THE PLAN.— (A) IN GENERAL.— Any project that is designed to implement the capture and use of the approximately 245,000 acre-feet of water described in section 7.7.2 of the Plan shall not be implemented until such time as— (i) the project-specific feasibility study described in subparagraph (B) on the need for and physical delivery of the approximately 245,000 acre-feet of water, conducted by the Secretary, in cooperation with the non-Federal sponsor, is completed; (ii) the project is favorably recommended in a final report of the Chief of Engineers; and (iii) the project is authorized by Act of Congress. (B) PROJECT-SPECIFIC FEASIBILITY STUDY.— The projectspecific feasibility study referred to in subparagraph (A) shall include— (i) a comprehensive analysis of the structural facilities proposed to deliver the approximately 245,000 acre-feet of water to the natural system; (ii) an assessment of the requirements to divert and treat the water; (iii) an assessment of delivery alternatives; (iv) an assessment of the feasibility of delivering the water downstream while maintaining current levels of flood protection to affected property; and (v) any other assessments that are determined by the Secretary to be necessary to complete the study. (2) WASTEWATER REUSE. —

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