Rescuing an Endangered Ecosystem: The Plan to Restore America's Everglades
STATEMENT OF DR. JOSEPH W. WESTPHAL
ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
BEFORE THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
MAY 11, 2000

Mr. Chairman, members of the Committee, I am Joseph Westphal, Assistant Secretary of the Army for Civil Works. I am pleased to be here today to present the Administration's views on an important national issue the restoration of America's Everglades and legislation critical to the implementation of the Comprehensive Everglades Restoration Plan (CERP) submitted to the Congress on July 1, 1999. As requested I will discuss the CERP legislation contained in the Department of the Army's legislative proposal for the Water Resources Development Act (WRDA) of 2000 submitted to the Congress on April 10, 2000.

An American treasure is in trouble. Once the Florida Everglades was a vibrant, free-flowing river of grass that provided clean water from Lake Okeechobee to Florida Bay. It was a haven for storks, alligators, panthers and other wildlife and was critical to the health of estuaries and coral reefs. Today this extraordinary ecosystem--unlike any other in the world--is dying.

Over the past half-century, as the population of south Florida has grown, the health and size of the Everglades have steadily declined. Fully half the Everglades have been lost to agriculture and development. And the surviving remnants suffer from a severe shortage of clean, reliable water. In our efforts to guard communities against flooding and to ensure adequate water supplies for drinking and irrigation, we have diverted the natural water flows that are the essence and very lifeblood of the Everglades.

As Marjory Stoneman Douglas said in The Everglades: River of Grass, "There are no other Everglades in the world." Like the tropical rainforest of South America and the giant redwood forest of the west, the Everglades is a unique ecosystem. We must act now, and act aggressively, if we are to save this special place. Enactment of the legislation submitted to you on April 10, 2000 is a critical next step.

On July 1, 1999, on behalf of the Administration, and in partnership with the State of Florida, I submitted to Congress a comprehensive plan to restore the South Florida ecosystem by modifying the existing Central and Southern Florida project. The South Florida ecosystem includes the Everglades, Lake Okeechobee, Florida Bay, and Biscayne Bay and the Florida Keys. The CERP, which will be implemented over the next 25 years, will:

-- Improve the health of over 2.4 million acres of the south Florida ecosystem, including Everglades National Park;

-- Improve the health of Lake Okeechobee;

-- Virtually eliminate damaging freshwater releases to the estuaries;

-- Improve water deliveries to Florida and Biscayne Bays;

-- Improve water quality; and

-- Enhance water supply and maintain flood protection.

The CERP, which was formerly known as the "Restudy," is the most ambitious ecosystem restoration project ever undertaken in the United States -- if not the world. Its fundamental goal is to capture most of the fresh water that now flows unused to the sea and deliver it when and where it is needed most. Eighty percent of this "new" water targeted for capture will be devoted to environmental restoration, reviving the ecosystem from the Kissimmee River, through Lake Okeechobee, through Everglades National Park, and out to the coral reefs of Florida Bay. The remaining 20 percent will benefit cities and farmers, enhancing water supplies and supporting a strong, sustainable economy for south Florida.

In short, the CERP consists of over 60 components that work together to restore, preserve, and protect the South Florida ecosystem by delivering the right amount of water, of the right quality, to the right places and at the right time. The Army's legislative proposal approves the CERP as a scientifically sound blue print for restoration and provides authority to implement the initial increment of the improvements described in the report of the Chief of Engineers on the Central and Southern Florida Project Comprehensive Review Study, dated June 22, 1999.

While the CERP reflects the best available science, we are prepared to refine our thinking as we learn more. Thus the CERP is designed to be flexible, to incorporate and respond to new information as it becomes available. Continuous monitoring and independent scientific review are key components of the CERP. Still, the CERP provides a sound basis to move forward immediately. There is too much at stake and little time to act.

The Problem

The Everglades of today are not the same place that Mrs. Douglas wrote about in 1947. Millions of people have encroached upon the ecosystem that once was the domain of panthers, alligators and flocks of birds so vast that they would darken the sky. With the arrival of people came the desire to manage the water, to tame the free flowing river of grass from Lake Okeechobee to the Florida Keys.

The Central and Southern Florida Project was authorized by Congress 50 years ago to provide flood protection and fresh water for the people of south Florida. This project accomplished its intended purpose and allowed people to more easily live on the land. It did so, however, at tremendous ecological cost to the Everglades. While the population of people has risen from 500,000 in the 1950s to more than 6 million today, the numbers of native birds and other wildlife have dwindled and some have vanished. The size of the Everglades has been reduced by half and several wildlife species are threatened or endangered.

Over the past 100 years, excessive drainage of wetlands and changes in the natural variability of water flows have altered the Everglades wetland ecosystem on a regional scale. Today, discharges to the Everglades are often too much, or too little, and frequently at the wrong times of the year. An over-abundance or scarcity of water affects plants and wildlife accustomed to the Everglades' historic range of water flows, levels and seasons. In addition, canals and highways that criss-cross the Everglades have interrupted its historic overland sheet flow.

Water quality throughout south Florida has deteriorated over the past 50 years. More than one-half of the wetlands that act as natural filters and retention areas are gone. Some untreated urban and agricultural storm water is sent directly to natural areas and estuaries. Too much, or too little, water is often sent to estuaries. Too many nutrients are entering the Everglades, with an over-abundance of cattails a visible indicator of the consequences.

Historically, most rainwater soaked into the ground in the region's vast wetlands. As south Florida developed, the canal system built over the past 100 years worked effectively and drained water off the land very quickly. As a result, approximately 1.7 billion gallons of water per day on average is discharged to the ocean. One very significance consequence is that not enough water is available for the environment. Under current conditions, these natural systems cannot recover their defining characteristics and they will not survive. The growing demand for a reliable and inexpensive supply of water for agriculture, industry and a burgeoning population will likely exceed the limits of readily accessible sources. As the needs of the region's natural systems are factored in, as they must be, conflicts for water among users will become even more severe. Water shortages will become more frequent and more severe unless changes to the water management system are made. The health of the ecosystem will continue to decline unless we act now.

The Comprehensive Everglades Restoration Plan

First and foremost, the goal of the CERP is to restore, protect and preserve the south Florida ecosystem. The focus of the CERP has been to restore the defining ecological features of the original Everglades and other parts of south Florida ecosystem while providing for other water related needs of the region.

Both the problems with declining ecosystem health and the solutions to Everglades restoration can be framed by four interrelated factors: quantity, quality, timing, and distribution of water. The principal goal of restoration is to deliver the right amount of water, of the right quality, to the right places and at the right time. The natural environment will respond to these hydrologic improvements, and we will once again see a healthy Everglades ecosystem.

Quantity

Significantly less water flows through the ecosystem today compared to historical times. As noted above, on average, 1.7 billion gallons of water that once flowed through the ecosystem is wasted each day through discharges to the ocean or gulf in excess of the needs of the estuaries. The CERP will capture most of this water in surface and underground storage areas where it will be stored until it is needed. Specifically, this water will be stored in more than 217,000 acres of new reservoirs and wetlands-based treatment areas, and 300 underground aquifer storage and recovery wells. These features vastly increase the amount of water available in south Florida.

Quality

The quality of water in the south Florida ecosystem has been diminished significantly. Excess phosphorus, mercury, and other contaminants harm the region's surface water and groundwater. The water quality of the Everglades Water Conservation Areas, the coastal estuaries, Florida Bay and the Keys show similar signs of significant degradation. The CERP will improve the quality of water discharged to natural areas by first directing it to surface storage reservoirs and wetlands based stormwater treatment areas. In addition, the CERP recommended the development of a comprehensive integrated water quality plan for the region that will further improve water quality.

Timing

Alternating periods of natural flooding and drying, called hydroperiods, were vital to the Everglades ecosystem. These natural hydroperiods have been severely altered by human activities. Restoring these variations in water flows and levels is an integral part of the CERP. Specifically, the timing of water held and released into the ecosystem will be modified by the CERP so that it more closely matches natural patterns. The CERP will reduce the harmful water levels that damage Lake Okeechobee and its shoreline. Improved water deliveries to the Caloosahatchee and St. Lucie rivers will reduce damage to the estuaries caused by too much or too little fresh water. Florida and Biscayne bays will receive improved fresh water flows. In other areas, an operational plan that mimics natural rainfall patterns will enhance the timing of water sent to the Water Conservation Areas, Everglades National Park, and other wildlife management areas.

Distribution

The areal extent and movement of water through the system is the final factor in the water equation. Over 50 percent of the original Everglades have been lost to urban and agricultural development. Further, the remaining ecosystem has been separated, or compartmentalized, by canals and levees. To improve the connectivity of natural areas, and to enhance sheetflow, more than 240 miles of levees and canals will be removed within the Everglades. Most of the Miami Canal in Water Conservation Area 3 will be filled and 20 miles of the Tamiami Trail will be rebuilt with bridges and culverts, allowing water to flow more naturally into Everglades National Park. In the Big Cypress National Preserve, the levee that separates the preserve from the Everglades will be removed to restore more natural overland water flow.

In summary, the CERP will store much of the excess water that is now sent to the sea so there will be enough water to meet the needs of both ecosystem and urban and agricultural users. The CERP includes a number of features to improve the quality of water flowing to the natural environment. It will continue to provide the same level of flood protection for south Florida. The CERP is not perfect no plan could be given the complexity of the ecosystem and the effects of past modifications. We know that we do not have all the answers and that we will have to make adjustments as we learn more. In this regard, the concept of adaptive assessment is an integral part of the CERP. In short, we will monitor, use independent peer review, public input, and make necessary adjustments as we go, utilizing the effective interagency and multi-stakeholder partnerships that allowed us to develop the CERP.

Why Restore the Everglades?

Perhaps first and foremost, the Everglades are an American treasure that is in serious trouble. There is no other wetland system like the "River of Grass" in the world.

As with other great natural and cultural resources, we have a responsibility to protect and restore this treasure for generations to come.

Implementing the CERP over the next 25 or so years will cost approximately $7.8 billion. While the implementation cost of the project is substantial, it will be spread over many years and shared equally between the Federal government and the State of Florida. More importantly, the environmental and economic costs of inaction are enormous. If we do not act now, the Everglades will continue to die and water shortages will have real effects on Florida's economy.

The benefits to the Nation of implementing the CERP are tremendous. The entire south Florida ecosystem, including the Everglades, will become healthy, with many of its natural characteristics restored. Urban and agricultural water users will also benefit from enhanced water supplies. Flood protection, so important to hurricane-prone south Florida, will be maintained and, in some cases, improved.

The economic benefits from implementation of the CERP are wide-ranging and are linked with the availability of clean, abundant water in the ecosystem. Not only is water the key to ecosystem restoration, it is also necessary for sustainable agricultural and urban environments. It is important for recreation, tourism and navigation. It plays a significant and obvious role in commercial and recreational fishing.

With the CERP, the distribution of plants and animals will return to more natural patterns as more pre-drainage water flows are restored. The CERP will support the return of the large nesting "rookeries" of wading birds to Everglades National Park, and the recovery of several endangered species, including the wood stork, snail kite, Cape Sable seaside sparrow, and American crocodile. We are confident that implementation of the CERP will allow us to once again witness an abundance of wildlife in the Everglades.

Lake Okeechobee, which is regionally important to fish and wildlife, will once again become a healthy lake. Both the shallow and open water areas within the lake, essential to its commercial and recreational fishery, will be greatly enhanced by improved water levels. This will mean more abundant and healthier fish populations. Water quality in the lake will also be improved significantly by reducing the pollutant loading of water flowing into the lake.

The CERP will also improve fresh water deliveries to Florida and Biscayne bays by increasing the flow and reduce the water lost to tide through the St Lucie and Caloosahatchee estuaries. Appropriate fresh water regimes will result in substantial improvements in aquatic and semi-aquatic habitats, including mangroves, coastal marshes, and seagrass beds interacting together to produce food, shelter, and breeding and nursery grounds; these coastal habitat areas will support more balanced, productive fish, shellfish, and wildlife communities.

The CERP will begin to reverse, in a relatively short time, the pattern of ecological degradation that has been occurring in the natural system for many decades. If we start now, the natural wetlands system of south Florida will be healthier by the year 2010.

Like many other public works projects, implementing the CERP is an investment in the nation's future. With this investment, we can restore this unique ecosystem and leave a proud legacy for future generations. If we do not make the investment now, we will suffer the irretrievable loss of America's Everglades.

As noted above, the estimated cost to implement the CERP is $7.8 billion. It will also cost approximately $182 million each year to operate, maintain, and monitor the CERP. Taken together over the more than 20 years needed to implement the CERP, the annual costs amount to just over $400 million. In general, the federal government will pay half the construction cost and the state of Florida and the South Florida Water Management District will pay the other half. We are proposing that the State pay 60 percent of the cost to operate and maintain the project.

The Restoration Effort Begins with Authorization in the Water Resources Development Act of 2000

On April 10, 2000, on behalf of the Administration, I submitted to Congress a comprehensive legislative proposal that will allow the implementation of the CERP. Our legislation would accomplish several important objectives, including the following:

1). a Congressional endorsement of the importance of restoring the Everglades and that such restoration is a National priority;

2). a Congressional endorsement of the CERP as a technically sound blue print for Everglades restoration;

3). the authorization of an initial package of projects, including four pilot projects and ten of the 68 project features;

4). the authorization of a program authority to allow the expeditious implementation of smaller project features;

5). language that will ensure that project benefits are achieved and maintained for as long as the project is authorized; and

6). provisions that recognize the importance of outreach to socially and economically disadvantaged individuals and business owners in the South Florida ecosystem.

A more detailed discussion of each of these objectives as well as additional information on our legislative proposal is provided below.

Recognizing the Importance of Everglades Restoration. It is important that Everglades restoration becomes a priority and that the Nation recognizes that a national treasure - - America's Everglades - - is at great risk. Our legislation would allow the Congress to declare, like the Administration, the importance of this unprecedented natural resource.

The CERP - - a Technically Sound Blue Print for Restoration. Our legislation would have Congress affirm that the CERP is a technically sound approach for restoring the Everglades. With its extensive public involvement and adaptive assessment approach, the CERP will lead to a healthy and sustainable ecosystem. It is important that the comprehensive nature of the CERP be maintained and that the temptation to pick and choose various parts or features be avoided. The 68 CERP features work together and each provides important benefits to the ecosystem.

Authorization of Pilot projects will address technical uncertainties. Prior to full-scale implementation, six pilot projects, with a total cost of $97 million, will be built to address uncertainties with some of the features in the CERP (two of these pilot project were authorized in the Water Resources Development Act of 1999). In our legislation we have proposed authorization of the four remaining pilot projects at a total cost of $69 million. These four projects include: aquifer storage and recovery in the Caloosahatchee River Basin; in-ground reservoir technology in the lake belt region of Miami-Dade County; levee seepage management technology adjacent to Everglades National Park; and advanced wastewater treatment technology to determine the feasibility of using reuse water for ecological restoration.

Authorization of an Initial set of construction features will provide immediate system-wide water quality and flow distribution benefits and use already purchased land. Ten projects, totaling $1.1 billion, are recommended for initial authorization. These projects were selected for initial authorization based on the following four factors: 1) the ability to provide immediate water quality and flow distribution benefits to the ecosystem; 2) the ability to utilize lands already purchased; 3) the linkage with on-going restoration projects; and 4) maximizing the benefits of Federal investments already undertaken. For example, if authorized, we could update the ongoing Modified Water Deliveries Project to make it more consistent with the CERP by taking immediate steps to improve flow distribution through the Tamiami Trail. In addition, the South Florida Water Management District and the U.S. Department of the Interior have already purchased lands, such as the Talisman lands, for a number of CERP components. Authorization of projects that use lands already purchased will ensure that these lands are utilized for restoration as soon as possible. We have previously provided the Committee detailed information on each of the ten projects proposed for authorization.

Implementation of the CERP provides flexibility to adapt to new information. Since no plan can anticipate exactly how a complex ecosystem will respond during restoration efforts, our legislation proposes an extensive monitoring program. For example, the remaining Everglades are only one-half as large as their original size and current boundaries often do not follow natural ground elevations or habitat patterns. For these and many other reasons, the ways in which this ecosystem will respond to the recovery of more natural water patterns could include some unforeseen outcomes. The CERP anticipates the possibility of such outcomes. The CERP is designed to allow project modifications that take advantage of what is learned from system responses, both expected and unexpected. Called adaptive assessment, and using a well-focused regional monitoring program, this approach will allow us to maximize environmental benefits while ensuring that restoration dollars are used wisely. The monitoring program, which will cost approximately $10 million per year, will measure how well each component of the plan accomplishes its objectives, and, this, in turn, sets up opportunities for refinement of succeeding components. Independent scientific review through a National Research Council panel, the Committee on Restoration of the Greater Everglades Ecosystem or "CROGEE", is also an integral part of this process.

Programmatic authority will expedite implementation. To expedite the completion of certain smaller features, an authorization is being sought similar to the "critical projects" authority in Section 528(b)(3) of the Water Resources Development Act of 1996. These projects would "produce independent, immediate, and substantial restoration, preservation and protection benefits," and expedite some components of the CERP. The programmatic authority would be limited to those individual components of the CERP that have a total project cost of $70 million or less, with a maximum federal share of $35 million per project. A total of 27 components of the CERP, with a total combined federal and non-federal cost of $490 million, could be implemented in an efficient and expedited manner. Components such as the Arthur R. Marshall Loxahatchee National Wildlife Refuge internal canal structures, the Lake Okeechobee watershed water quality treatment facility and the Florida Keys tidal restoration project could be accomplished under this programmatic authority.

The remainder of the CERP's features are to be included in future Water Resources Development Acts. Our legislation makes it clear that Congress will be asked to authorize the remaining components of the CERP in subsequent WRDA bills. At a cost of approximately $6.2 billion, these 26 remaining features will undergo additional studies and analysis before authorization is sought from Congress. Many of these project components are dependent on the results of the proposed pilot projects such as aquifer storage and recovery features and the in-ground reservoirs in Miami-Dade County. Based on the implementation schedule, project implementation reports will be submitted to Congress periodically through the year 2014.

Cost sharing. Consistent with the Water Resources Development Act of 1996, the non-Federal share of the cost of implementing the projects is 50 percent. Our legislation directs the non-Federal local sponsor to be responsible for the acquisition of lands, easements and rights-of-way, and relocations, and provides credit for such acquisitions toward the non-Federal share. In a change from the Water Resources Development Act of 1996, we have recommended that operations and maintenance costs be shared 60 percent non-Federal and 40 percent Federal. We believe that this is an appropriate allocation of costs in light of the benefits to Federal lands that will be achieved by implementation of the CERP.

Project Implementation Reports bridge the gap between the CERP and detailed design. Before any construction starts on any of the 68 features of the CERP detailed design, engineering, and environmental review will completed. Specifically, prior to implementing any authorized project feature, a Project Implementation Report (PIR) for each project will be completed to address its cost-effectiveness, engineering feasibility, and potential environmental impacts. The PIR, which will include public review and comment, will bridge the gap between the programmatic-level design contained in the CERP and the detailed design necessary to proceed to construction. The purpose of the PIR is to affirm, reformulate or modify a component or group of components in the recommended CERP. PIRs for each project will identify any additional water to be made available by that project for the natural system, existing legal users and other water related needs, consistent with programmatic regulations governing the dedication and management of water to be issued.

Recognition of socially and economically disadvantaged individuals. Recognizing that a large percentage of the population of the south Florida ecosystem is made up of minority groups (e.g., 20.5 percent Hispanic), our proposed legislation would establish a program to ensure that socially and economically disadvantaged individuals within the south Florida ecosystem are informed of the CERP and have a meaningful opportunity to review and comment on its implementation. In addition, the legislation requires that a program goal be established that not less than 10 percent of the amounts made available to construct projects be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals within south Florida.

Assuring that CERP Benefits are Achieved and Maintained. Both the natural and human environment benefits substantially from the implementation of the CERP. Ensuring that these benefits are achieved and maintained is an important part of our legislation. Further, our legislation ensures that existing legal users are not harmed and that overall authorized levels of flood protection are maintained.

Specifically, our legislation provides that the primary and overarching purpose of the CERP is to restore, preserve and protect the natural system within the South Florida ecosystem and directs that the Plan be implemented in such a way to ensure that the benefits to the natural system and human environment in the form of proper deliveries of clean fresh water at the proper time and distribution are achieved and maintained for so long as the Central and Southern Florida is authorized.

To meet our assurances objectives, our legislation creates a four part, tiered approach. The first part is the legislation itself, which makes it clear that Congress intends for the benefits to be achieved and maintained.

The second part involves the development of a programmatic regulation to identify, in a greater detail, the amount of water to be dedicated and managed for the natural system and the human environment. This regulation would serve as a bridge between the legislation and the project specific regulations discussed below. We believe that this will help minimize unnecessary debates 10 to 20 years from now when projects are being completed. The programmatic regulation would be issued with the concurrence of the Secretary of the Interior and after consultation with the Governor and other agencies. In addition, the public would have the opportunity to review and comment on the proposed regulations.

The third part or tier is the detailed design, engineering, and environmental work that will be completed for each feature before construction starts. This will also give the public, interest groups, the State, and the Tribes substantial opportunities to influence the final characteristics of each feature. Further, the non-Federal sponsor will have a lead role with the Corps for each feature. This will be codified in a project cooperation agreement that will be developed for each feature.

The final part of our approach is the project specific regulations that will be developed for each feature. These regulations will be developed based on public review and comment and in consultation with other Federal agencies, the tribes, and the State. These regulations will prescribe in greater detail how each feature will provide its intended benefit(s). Further, all project specific regulations will be consistent with the programmatic regulations, based on the best available science, and assure that quantity, quality, timing, and distribution issues are addressed. CERP Implementation Reports to Congress. Restoring the Everglades will require a large investment on the part of the Nation's taxpayers. We believe that it is important to disclose fully how the restoration is going over the next 30 plus years. In this regard, we have developed a reporting program. Specifically, the Secretaries of the Army and the Interior, in consultation with the Environmental Protection Agency, Department of Commerce and the State of Florida, will jointly submit reports to Congress, beginning on October 1, 2005 and ending on October 1, 2036 that describe the implementation of the CERP. The report will include the determination of each Secretary concerning the benefits to the natural system and the human environment that have been achieved as of the date of the report.

Conclusion

July 1, 1999, was a historic day for ecosystem restoration. An unprecedented ecosystem restoration plan was presented to Congress for authorization. The CERP represents the best available science and a solid roadmap for restoring an American treasure, the Everglades. The CERP also represents a partnership between many Federal agencies, two Indian tribes, the State of Florida, and many local governments - - all who recognize the import of this effort and the consequences of inaction. This partnership is vital to our long-term success and we must all work to ensure that it is sustained.

The CERP is also a reflection of the contemporary Army Corps of Engineers. Our agency has made environmental restoration a priority mission.

Restoration of the Everglades is a high priority for the Clinton/Gore Administration, including the Army Corps of Engineers. It is a high priority for many in Florida, including the Florida Congressional delegation. We must make it a priority for the Nation. The Everglades are America's Everglades and each of us should try to understand better the importance of saving this treasure.

The ecological and cultural significance of the Everglades is equal to the Grand Canyon, the Rocky Mountains or the Mississippi River. As responsible stewards of our natural and cultural resources, we cannot sit idly by and watch any of these disappear. The Everglades deserves the same recognition and support.

We are now at an important crossroads in our efforts to restore this internationally important ecosystem. The future of the CERP now rests with the Congress who must authorize and fund its implementation. If we act now with courage and vision to implement the CERP we will be successful and we will leave a proud Everglades legacy. If we fail to act, our legacy will be one of lost opportunities for all future generations. The world is indeed watching as we make this choice.

Mr. Chairman, that concludes our statement. Again, it has been a pleasure to participate in this hearing and I look forward to working with you and the rest of the Committee on this important issue. With me today is Mr. Michael Davis, my Deputy Assistant Secretary for Policy and Legislation, and Mr. Stu Appelbaum from the Army Corps of Engineers Jacksonville District. We would be pleased to answer any questions you may have.