RARE Act

Restore the Apalachicola River Ecosystem Act or the RARE Act - Modifies the project for navigation, Apalachicola, Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama, and the project for the West Point Reservoir, Chattahoochee River, Georgia, to: (1) deauthorize the channel between the Gulf Intracoastal Waterway near Apalachicola to Jim Woodruff Dam near Chattahoochee; and (2) authorize the Secretary of the Army to develop a comprehensive plan to restore the Apalachicola River basin with the goal of reestablishing the ecological integrity of the Apalachicola River basin ecosystem.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2169 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2169

   To modify certain water resources projects for the Apalachicola, 
    Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2004

     Mr. Graham of Florida (for himself and Mr. Nelson of Florida) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To modify certain water resources projects for the Apalachicola, 
    Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore the Apalachicola River 
Ecosystem Act'' or the ``RARE Act''.

SEC. 2. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVERS, GEORGIA, 
              FLORIDA, AND ALABAMA.

    (a) In General.--The project for navigation, Apalachicola, 
Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama, 
authorized by section 2 of the Act of March 2, 1945 (59 Stat. 17, 
chapter 19), and modified by the first section of the Act of July 24, 
1946 (60 Stat. 635, chapter 595), and the project for the West Point 
Reservoir, Chattahoochee River, Georgia, authorized by section 203 of 
the Flood Control Act of 1962 (76 Stat. 1182), are modified--
            (1) to deauthorize the 9-foot by 100-foot channel between 
        the Gulf Intracoastal Waterway near Apalachicola, Florida, to 
        Jim Woodruff Dam near Chattahoochee, Florida; and
            (2) to authorize the Secretary of the Army, in consultation 
        with the State of Florida, to develop the plan described in 
        subsection (b).
    (b) Plan for Restoration of Apalachicola River.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act and before commencement of any 
        restoration activity under subsection (a), the Secretary of the 
        Army, in coordination with the State of Florida, the United 
        States Fish and Wildlife Service, and the United States 
        Geological Survey, shall--
                    (A) develop a comprehensive plan to restore the 
                Apalachicola River basin; and
                    (B) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives the plan developed under subparagraph 
                (A).
            (2) Required elements.--The plan under paragraph (1) 
        shall--
                    (A) have as its sole goal the reestablishment of 
                the ecological integrity of the Apalachicola River 
                basin ecosystem (including restoration of bendways, 
                interconnecting waterways, sloughs, watersheds, 
                associated land areas, and fish and wildlife habitat);
                    (B) reestablish an ecosystem that supports and 
                sustains a balanced, integrated, adaptive community of 
                organisms having species composition, diversity, and 
                functional organization comparable to those of the 
                natural habitat of the Apalachicola River; and
                    (C) include a method of monitoring and assessing 
                the biota, habitats, and water quality of the 
                Apalachicola River basin for use in assessing 
                restoration activities and impacts of restoration 
                activities.
            (3) Funding.--The plan under paragraph (1) shall be 
        developed at a total cost of $4,000,000.
    (c) Public Outreach.--In carrying out this section, the Secretary 
of the Army shall engage in significant public outreach.
    (d) Relationship to Other Activities.--The Secretary of the Army 
shall ensure that activities conducted under this section do not 
interfere with water compact activities and negotiations being carried 
out as of the date of enactment of this Act with respect to the 
Apalachicola, Chattahoochee, and Flint Rivers, Georgia, Florida, and 
Alabama.
    (e) Operation of Locks and Dams.--Nothing in this section affects 
the authority under which locks and dams on the Apalachicola, 
Chattahoochee, and Flint Rivers, Georgia, Florida, and Alabama, are 
operated as of the date of enactment of this Act.
    (f) Effect on Other Law.--Nothing in this section limits the 
authority of any agency under any other provision of law to require 
compliance with any applicable statutory or regulatory requirement.
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