---
kind: "section"
citation: "16 U.S.C. § 410r–8"
title: "16"
title_heading: "Conservation"
number: "410r–8"
heading: "Modification of certain water projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410r-8"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIV — Everglades National Park"
---

# §410r–8. Modification of certain water projects

- (a) **Improved water deliveries—**
  - (1) Upon completion of a final report by the Chief of the Army Corps of Engineers, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1), is authorized and directed to construct modifications to the Central and Southern Florida [Project](/usc/16/410r–5.md?p=c-4) to improve water deliveries into the [park](/usc/16/410r–5.md?p=c-3) and shall, to the extent practicable, [take](/usc/16/3102.md?p=18) steps to restore the natural hydrological conditions within the [park](/usc/16/410r–5.md?p=c-3).
  - (2) Such modifications shall be based upon the findings of the [Secretary](/usc/16/410r–5.md?p=c-1)’s experimental program authorized in [section 1302](/usc/16/1302.md) of the 1984 Supplemental Appropriations Act (97 Stat. 1292) and generally as set forth in a General Design Memorandum to be prepared by the Jacksonville District entitled “Modified Water Deliveries to Everglades National [Park](/usc/16/410r–5.md?p=c-3)”. The Draft of such Memorandum and the Final Memorandum, as prepared by the Jacksonville District, shall be submitted as promptly as practicable to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the United States Senate and the Committee on Natural Resources and the Committee on Public Works and Transportation of the United States House of Representatives.
  - (3) Construction of [project](/usc/16/410r–5.md?p=c-4) modifications authorized in this subsection and flood protection systems authorized in subsections [(c)](#c) and [(d)](#d) are justified by the environmental benefits to be derived by the Everglades ecosystem in general and by the [park](/usc/16/410r–5.md?p=c-3) in particular and shall not require further economic justification.
  - (4) Nothing in this section shall be construed to limit the operation of [project](/usc/16/410r–5.md?p=c-4) facilities to achieve their design objectives, as set forth in the Congressional authorization and any modifications thereof.
- (b) **Determination of adverse effect—**
  - (1) Upon completion of the Final Memorandum referred to in [subsection (a)](#a), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, in consultation with the South Florida Water Management District, shall make a determination as to whether the residential [area](/usc/16/539m–1.md?p=1-A) within the East Everglades known as the “Eight and One-Half Square Mile [Area](/usc/16/539m–1.md?p=1-A)” or adjacent agricultural [areas](/usc/16/539m–1.md?p=1-A), all as generally depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [section 410r–6(a) of this title](/usc/16/410r–6.md?p=a), will be adversely affected by [project](/usc/16/410r–5.md?p=c-4) modifications authorized in [subsection (a)](#a).
  - (2) In determining whether adjacent agricultural [areas](/usc/16/539m–1.md?p=1-A) will be adversely affected, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall consider the impact of any flood protection system proposed to be implemented pursuant to [subsection (c)](#c) on such agricultural [areas](/usc/16/539m–1.md?p=1-A).
- (c) **Flood protection; Eight and One-Half Square Mile Area—** If the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army makes a determination pursuant to [subsection (b)](#b) that the “Eight and One-Half Square Mile [Area](/usc/16/539m–1.md?p=1-A)” will be adversely affected, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army is authorized and directed to construct a flood protection system for that portion of presently developed land within such [area](/usc/16/539m–1.md?p=1-A).
- (d) **Flood protection; adjacent agricultural area—**
  - (1) If the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army determines pursuant to [subsection (b)](#b) that an adjacent agricultural [area](/usc/16/539m–1.md?p=1-A) will be adversely affected, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army is authorized and directed to construct a flood protection system for such [area](/usc/16/539m–1.md?p=1-A). Such determination shall be based on a finding by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army that:
    - (A) the adverse effect will be attributable solely to a [project](/usc/16/410r–5.md?p=c-4) modification authorized in [subsection (a)](#a) or to a flood protection system implemented pursuant to [subsection (c)](#c), or both; and
    - (B) such modification or flood protection system will result in a substantial reduction in the economic utility of such [area](/usc/16/539m–1.md?p=1-A) based on its present agricultural use.
  - (2) No [project](/usc/16/410r–5.md?p=c-4) modification authorized in [subsection (a)](#a) which the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army determines will cause an adverse effect pursuant to [subsection (b)](#b) shall be made operational until the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army has implemented measures to prevent such adverse effect on the adjacent agricultural [area](/usc/16/539m–1.md?p=1-A): Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army or the South Florida Water Management District may operate the modification to the extent that the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army determines that such operation will not adversely affect the adjacent agricultural [area](/usc/16/539m–1.md?p=1-A): 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](/usc/16/410r–5.md?p=c-3).
  - (3) Any flood protection system implemented by the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/539m–1.md?p=1-A).
  - (4) The [acquisition](/usc/16/620e.md?p=1) of land authorized in [section 410r–6 of this title](/usc/16/410r–6.md) shall not be considered a [project](/usc/16/410r–5.md?p=c-4) modification.
- (e) **Periodic review—**
  - (1) Not later than 18 months after the completion of the [project](/usc/16/410r–5.md?p=c-4) modifications authorized in [subsection (a)](#a), and periodically thereafter, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall review the determination of adverse effect for adjacent agricultural [areas](/usc/16/539m–1.md?p=1-A).
  - (2) In conducting such review, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall consult with all affected parties, including, but not limited to, the [Secretary](/usc/16/410r–5.md?p=c-1), the South Florida Water Management District and agricultural users within adjacent agricultural [areas](/usc/16/539m–1.md?p=1-A).
  - (3) If, on the basis of such review, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army determines that an adjacent agricultural [area](/usc/16/539m–1.md?p=1-A) has been, or will be adversely affected, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army is authorized and directed, in accordance with the provisions of [subsection (d)](#d), to construct a flood protection system for such [area](/usc/16/539m–1.md?p=1-A): Provided, That the provisions of [subsection (d)(2)](#d-2) shall be applicable only to the extent that the [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, determines that the [park](/usc/16/410r–5.md?p=c-3) will not be adversely affected.
  - (4) The provisions of this subsection shall only be applicable if the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army has previously made a determination that such adjacent agricultural [area](/usc/16/539m–1.md?p=1-A) will not be adversely affected.
- (f) **Current canal operating levels—** Nothing in this section shall be construed to require or prohibit the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army or the South Florida Water Management District from maintaining the water level within any [project](/usc/16/410r–5.md?p=c-4) canal below the maximum authorized operating level as of December 13, 1989.
- (g) **No limitation on other claims—** If the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army makes a determination of no adverse effect pursuant to [subsection (b)](#b), such determination shall not be considered as a limitation or prohibition against any available legal remedy which may otherwise be available.
- (h) **Coordination—** The [Secretary](/usc/16/410r–5.md?p=c-1) and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall coordinate the construction program authorized under this section and the land [acquisition](/usc/16/620e.md?p=1) program authorized in [section 410r–6 of this title](/usc/16/410r–6.md) in such a manner as will permit both to proceed concurrently and as will avoid unreasonable interference with property interests prior to the [acquisition](/usc/16/620e.md?p=1) of such interests by the [Secretary](/usc/16/410r–5.md?p=c-1) under [section 410r–6 of this title](/usc/16/410r–6.md).
- (i) **West Dade Wellfield—** No Federal license, permit, approval, right-of-way or assistance shall be granted or issued with respect to the West Dade Wellfield (to be located in the Bird Drive Drainage Basin, as identified in the Comprehensive Development Master Plan for Dade County, Florida) until the [Secretary](/usc/16/410r–5.md?p=c-1), the Governor of the [State](/usc/16/590q.md?p=a) of Florida, the South Florida Water Management District and Dade County, Florida enter into an agreement providing that the South Florida Water Management District’s water use permit for the wellfield, if granted, must include the following limiting conditions: (1) the wellfield’s peak pumpage rate shall not exceed 140,000,000 gallons per day; (2) the permit shall include reasonable, enforceable measures to limit demand on the wellfield in times of water shortage; and (3) if, during times of water shortage, the District fails to limit demand on the wellfield pursuant to (2), or if the District limits demand on the wellfield pursuant to (2), but the [Secretary](/usc/16/410r–5.md?p=c-1) certifies that operation of the wellfield is still causing significant adverse impacts on the resources of the [Park](/usc/16/410r–5.md?p=c-3), the Governor shall require the South Florida Water Management District to [take](/usc/16/3102.md?p=18) necessary actions to alleviate the adverse impact, including, but not limited to, temporary reductions in the pumpage from the wellfield.
- (j) **Protection of natural values—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Army is directed in analysis, design and engineering associated with the development of a general design memorandum for works and operations in the “C–111 basin” [area](/usc/16/539m–1.md?p=1-A) of the East Everglades, to [take](/usc/16/3102.md?p=18) all measures which are feasible and consistent with the purposes of the [project](/usc/16/410r–5.md?p=c-4) to protect natural values associated with Everglades National [Park](/usc/16/410r–5.md?p=c-3). Upon completion of a general design memorandum for the [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall prepare and transmit a report to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the United States Senate and the Committee on Natural Resources and the Committee on Public Works and Transportation of the United States House of Representatives on the status of the natural resources of the C–111 basin and functionally related lands.
- (k) **Acquisition of additional lands—**
  - (1) Notwithstanding any other provision of sections [410r–5](/usc/16/410r–5.md) to 410r–8 of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to use funds appropriated pursuant to sections [410r–5](/usc/16/410r–5.md) to 410r–8 of this title, including any available funds appropriated to the National [Park](/usc/16/410r–5.md?p=c-3) Service for construction in the Department of the Interior and Related Agencies Appropriations Acts for fiscal years 1991 through 1994 for [project](/usc/16/410r–5.md?p=c-4) modifications by the Army Corps of Engineers, in such amounts as determined by the [Secretary](/usc/16/410r–5.md?p=c-1), to provide Federal assistance to the [State](/usc/16/590q.md?p=a) of Florida (including political [subdivisions](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a)) for [acquisition](/usc/16/620e.md?p=1) of lands described in [paragraph (4)](#k-4).
  - (2) With respect to any lands acquired pursuant to this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) may provide not more than 25 percent of the total cost of such [acquisition](/usc/16/620e.md?p=1).
  - (3) All funds made available pursuant to this subsection shall be transferred to the [State](/usc/16/590q.md?p=a) of Florida or a political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a), subject to an agreement that any lands acquired with such funds will be managed in perpetuity for the restoration of natural flows to the [park](/usc/16/410r–5.md?p=c-3) or Florida Bay.
  - (4) The lands referred to in [paragraph (1)](#k-1) are those lands or interests therein adjacent to, or affecting the restoration of natural water flows to, the [park](/usc/16/410r–5.md?p=c-3) or Florida Bay which are located east of the [park](/usc/16/410r–5.md?p=c-3) and known as the Frog Pond, Rocky Glades Agricultural [Area](/usc/16/539m–1.md?p=1-A), and the Eight-and-One-Half Square-Mile [Area](/usc/16/539m–1.md?p=1-A).

## Source credit

(Pub. L. 101–229, title I, § 104, Dec. 13, 1989, 103 Stat. 1949; Pub. L. 103–219, Mar. 9, 1994, 108 Stat. 98; Pub. L. 103–437, § 6(d)(9), Nov. 2, 1994, 108 Stat. 4584.)

## Notes

### Editorial Notes

### References in Text

Section 1302 of the 1984 Supplemental Appropriations Act, referred to in subsec. (a)(2), is section 1302 of Pub. L. 98–181, title I, Nov. 30, 1983, 97 Stat. 1292, which is not classified to the Code.

The Department of the Interior and Related Agencies Appropriations Acts for fiscal years 1991 through 1994, referred to in subsec. (k)(1), are, respectively, Pub. L. 101–512, Nov. 5, 1990, 104 Stat. 1915, Pub. L. 102–154, Nov. 13, 1991, 105 Stat. 990, Pub. L. 102–381, Oct. 5, 1992, 106 Stat. 1374, and Pub. L. 103–138, Nov. 11, 1993, 107 Stat. 1379. For complete classification of these Acts to the Code, see Tables.

### Amendments

1994—Subsecs. (a)(2), (j). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Senate and the Committee on”.

Subsec. (k). Pub. L. 103–219 added subsec. (k).

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2.