.
Everglades Restoration: The Federal Role in
Funding
Charles V. Stern, Coordinator
Analyst in Natural Resources Policy
Pervaze A. Sheikh
Specialist in Natural Resources Policy
Nicole T. Carter
Specialist in Natural Resources Policy
March 11, 2010
Congressional Research Service
7-5700
www.crs.gov
RS22048
CRS Report for Congress
P
repared for Members and Committees of Congress
c11173008
.
Everglades Restoration: The Federal Role in Funding
Summary
In 2000, Congress approved a 30-year restoration plan, termed the Comprehensive Everglades
Restoration Plan (CERP), for the Everglades ecosystem in southern Florida, and authorized an
initial set of projects at a cost of $1.4 billion. Implementing the plan is estimated to cost $10.9
billion; the federal government is expected to pay half that, with an array of state, tribal, and local
agencies paying the other half. In addition to the activities under CERP, other federal and state
efforts also are contributing to Everglades restoration.
As of FY2010, all of these efforts combined (CERP and non-CERP activities) represent an
investment of more than $12.2 billion in state funds and $3.6 billion in federal funds since
FY1993. The debate and resolution of issues surrounding the authorization and appropriations for
Everglades restoration projects could have implications for large-scale restoration initiatives
elsewhere. Consequently, Everglades funding receives attention not only from those interested in
Everglades restoration, but also from stakeholders of other restoration initiatives such as those in
coastal Louisiana, the Great Lakes, and Chesapeake Bay. This report provides information on
federal appropriations for Everglades restoration, and discusses some issues related to the
authorization and appropriations for restoration projects. It will be updated annually.
Congressional Research Service
.
Everglades Restoration: The Federal Role in Funding
Contents
Introduction ................................................................................................................................ 1
CERP Authorizations .................................................................................................................. 1
Everglades Restoration Appropriations........................................................................................ 1
DOI Funding......................................................................................................................... 2
Corps Funding ...................................................................................................................... 3
Funding History .................................................................................................................... 4
Implementation Issues Related to Funding .................................................................................. 6
Figures
Figure 1. Federal and State Funding for Everglades Restoration, FY1994-FY2010 (CERP
and Non-CERP Activities)........................................................................................................ 4
Figure 2. Federal and State CERP Funding Since FY2001 ........................................................... 5
Tables
Table 1. DOI Everglades Restoration Funds, FY2005-FY2011 .................................................... 2
Table 2. Corps Everglades Restoration Funds, FY2005-FY2011 .................................................. 3
Contacts
Author Contact Information ........................................................................................................ 7
Congressional Research Service
.
Everglades Restoration: The Federal Role in Funding
Introduction
The Florida Everglades are a unique network of subtropical wetlands that is now half its original
size. The federal government has had a long history of involvement in the Everglades, beginning
in the 1940s with the U.S. Army Corps of Engineers (Corps) constructing flood control projects
that shunted water away from the Everglades. Many factors, including these flood control
projects and agricultural and urban development, have contributed to the shrinking and altering of
the wetlands ecosystem.
Federal agencies began ecosystem restoration activities in the Everglades more than 15 years ago,
but it was not until 2000 that the majority of restoration activities became coordinated under an
integrated plan. With the Water Resources Development Act of 2000 (WRDA 2000; P.L. 106-
541), Congress approved the Comprehensive Everglades Restoration Plan (CERP) as a
framework for Everglades restoration and authorized $700 million for the federal share of
appropriations for initial projects. According to the process established in WRDA 2000,
additional Everglades projects are to be presented to Congress for authorization as their planning
is completed. Once authorized, the projects will be eligible to receive federal appropriations. In
WRDA 2007, three additional projects were authorized.
Stakeholders involved with planning other large-scale restoration initiatives look to the
Everglades as a model and a test case. Some believe the types of activities funded and the level
and conditions of funding for the Everglades may set a precedent for other restoration initiatives.
This report summarizes the process, history, and current funding of Everglades restoration.
CERP Authorizations
CERP focuses on increasing storage of excess water in the rainy season to provide more water
during the dry season for the ecosystem and for urban and agricultural users. CERP will take
more than 30 years and $10.9 billion (approximately $5.5 billion in federal funds) to complete.1
WRDA 2000 authorized initial projects, established cost-sharing ratios for Everglades restoration,
and created a process for additional projects to be authorized as part of the CERP framework.
WRDA 2007 authorized an additional three CERP projects. The federal government is expected
to pay half of CERP’s costs, and an array of state, tribal, and local agencies (i.e., nonfederal
sponsors) will pay the other half. This cost share also applies to all project operation and
maintenance costs.
Everglades Restoration Appropriations
Although authorizations for CERP construction are expected to occur primarily through WRDAs
(which are the main legislative vehicle for Corps authorization), federal appropriations for CERP
and non-CERP2 activities are spread across several federal agencies. The South Florida
1 This figure represents the cost in October 2004 dollars according to the U.S. Army Corps of Engineers,
Comprehensive Everglades Restoration Plan, 2005 Report to Congress (Washington, DC: December 2005).
2 Everglades restoration not conducted under the authority of CERP is referred to as non-CERP activities or programs.
For example, non-CERP activities would include the Everglades National Park maintenance and critical ecosystem
studies done by the National Park Service.
Congressional Research Service
1
.
Everglades Restoration: The Federal Role in Funding
Ecosystem Restoration Task Force in an annual cross-cut budget organizes data on past and
current state and federal restoration appropriations, and requests for future appropriations.3
Federal funding for Everglades restoration is largely concentrated in two appropriations bills—the
Interior and Related Agencies appropriations bill and the Energy and Water Development
appropriations bill. The Interior and Related Agencies appropriations laws provide funds for
restoration projects to several Department of the Interior (DOI) agencies, including the National
Park Service (NPS), Fish and Wildlife Service (FWS), U.S. Geological Survey, and Bureau of
Indian Affairs. Everglades restoration appropriations in the Energy and Water Development
appropriations bill are for the Corps. Smaller amounts of restoration funding have been spread
across other appropriations bills for use by a diverse set of agencies, including the National
Oceanic and Atmospheric Administration (Commerce, Justice, and State, the Judiciary, and
Related Agencies appropriations), U.S. Environmental Protection Agency (VA, HUD, and
Related Agencies appropriations), and U.S. Department of Agriculture (U.S. Department of
Agriculture and Related Agencies appropriations).
DOI Funding
Interior and Related Agencies appropriations laws and conference reports typically do not specify
appropriations levels for many Everglades restoration activities. Rather, the Administration’s
budget request identifies restoration funding totals for the previous fiscal year.
Table 1 shows
funding totals for FY2005-FY2011.
Table 1. DOI Everglades Restoration Funds, FY2005-FY2011
($ in thousands)
DOI Agencies with
Everglades
FY2011
Restoration
Funds FY2005 FY2006 FY2007 FY2008 FY2009 ARRAa FY2010 Request
National Park Service
45,116
44,704
50,563
53,893
100,433
18,537
50,570
54,843
Modified Waters
[8,000] [24,900] [13,300] [14,300] [60,000]
n/a [8,400] [8,000]
Deliveriesb
Fish and Wildlife
12,075 10,686 10,686 11,877 10,548
n/a 10,548 12,323
Service
U.S. Geological Survey
7,738
7,771
7,771
6,800
6,907
n/a
6,907
6,907
Bureau of Indian
536 382 382 390 390 n/a 390 390
Affairs
CERP Fundingc
[8,517] [7,889] [7,927] [7,907] [7,950]
n/a [8,040] [8,001]
Total
Appropriations 65,465 63,543 69,402 72,960 118,278 18,537 68,415 74,463
Source: Interior and Related Agencies appropriations laws, FY2005-FY2010; DOI, Interior Budget in Brief,
FY2005-FY2011.
a. American Recovery and Reinvestment Act of 2009, P.L. 111-5.
b. Funding for the Modified Water Deliveries Project is a subset of funding for National Park Service.
c. DOI CERP funding is appropriated within the above totals for NPS and FWS; thus it is only accounted for
once in calculating the total DOI Everglades appropriation.
3 See http://www.sfrestore.org/documents/index.html, accessed Mar. 6, 2010, for historical Everglades documents,
including crosscut budgets from FY1998 to FY2009.
Congressional Research Service
2
.
Everglades Restoration: The Federal Role in Funding
Corps Funding
Funds for the Corps’ Everglades restoration projects are generally listed under three headings:
Central and Southern Florida Project (includes CERP funding), Kissimmee River Restoration,
and Everglades and South Florida Restoration. Historically, funding was also included for two
other areas, Florida Keys Water Quality Improvement and the Modified Waters Deliveries
Project.4 Corps funding is directed toward planning and construction of projects under CERP and
other authorities.
Table 2 shows funding totals for FY2005-FY2011.
Table 2. Corps Everglades Restoration Funds, FY2005-FY2011
($ in thousands)
Corps
Everglades
Restoration
FY2011
Activities
FY2005 FY2006 FY2007 FY2008 FY2009 ARRAa FY2010
Request
Central and
69,400 77,000 90,588 81,704 91,615 88,425 12.700 152,330
South Florida
Project
(C&SF)
C&SF
[64,466] [64,466] [64,466] [64,466] [64,466] [38,000] [120,000] [112,000]
CERP
fundingb
Everglades and
25,792 12,000 4,310 8,156 3,472 4,170 2,725 5,170
South Florida
Ecosystem
Restoration
Kissimmee
17,856 13,000 34,102 30,958 28,361 7,516 44,673 22,500
River
Restoration
Florida Keys
2,232 2,000 3,000 4,681 2,392
0
0
0
Water Quality
Improvement
Modified
0 35,000
35,000 9,840
0
0
0
0
Waters
Deliveries
Project
Total
115,280 139,000 167,000 135,339 125,840 100.111 180,000 180,000
Source: Energy and Water appropriations laws, FY2005-FY2010; Congressional Justifications, U.S. Army Corps
of Engineers, FY2005-FY2011.
a. American Recovery and Reinvestment Act of 2009, P.L. 111-5.
b. C&SF CERP funding is a subset of the funds that are used for C&SF activities.
4 See footnote 7.
Congressional Research Service
3
.
Everglades Restoration: The Federal Role in Funding
Funding History
Federal and state funding for restoration activities in the Everglades ecosystem was collected for
several years before CERP’s congressional approval. Funding (CERP and non-CERP activities
combined) for Everglades restoration activities by the state of Florida has exceeded federal
funding every year since 1994. From FY1993 to FY2010, federal appropriations for restoration
activities in the Everglades ecosystem were about $3.6 billion dollars. Through FY2008, state
funding was approximately $12.2 billion.5
Figure 1 shows annual state and federal funding over
time for all Everglades restoration projects since FY1994.
Figure 1. Federal and State Funding for Everglades Restoration, FY1994-FY2010
(CERP and Non-CERP Activities)
1800
1600
1400
1200
s
n 1000
io
ill
800
M
$
600
400
200
0
4
5
6
8
9
0
1
2
3
4
5
6
7
8
9
0
199
199
199
1997 199
199
200
200
200
200
200
200
200
200
200
200
201
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Fiscal Year
Federal Funding
State Funding
Source: The South Florida Ecosystem Restoration Program,
Fiscal Year 2000-2009 Crosscut Budget (Miami, FL,
2000-2009), and various appropriations laws. Federal funding for FY2010 based on FY2011 agency budget
submissions.
Notes: Does not include federal funding under ARRA. State funding is based on a different fiscal year than
federal funding. For example, FY2008 for the federal government is actual y FY2008-FY2009 for Florida. No data
on state funding has been released for FY2009 and FY2010.
From FY1993 to FY2010, average annual federal funding for restoration activities (both CERP
and non-CERP) was about $207 million, not including funding from the American Recovery and
Reinvestment Act of 2009 (ARRA; P.L. 111-5); for the state of Florida it was approximately $812
5 FY2009-FY2010 state funding information for Everglades restoration has not yet been made available.
Congressional Research Service
4
.
Everglades Restoration: The Federal Role in Funding
million. After the enactment of WRDA 2000, both federal and state funding increased. From
FY2001 to FY2010, average annual federal funding (not including ARRA funding) was about
$257 million, an increase of approximately $100 million from earlier funding levels. Funding
from the state of Florida averaged approximately $970 million from FY2001 to FY2009.
As previously noted, CERP funding is a subset of all Everglades funding. Florida has primarily
invested its CERP funds to acquire land and to plan and design restoration projects. Because the
federal government is not responsible for land acquisition under CERP, much of the federal
funding appropriated under CERP has been for planning and feasibility studies for restoration
projects. From FY2001 to FY2008, Florida provided a total of approximately $1.21 billion for
CERP activities, while the federal government provided about $645 million from FY2001 to
FY2010. Although some argue that this disparity violates the 50-50 cost-share principle, the cost-
share agreement in WRDA 2000 is interpreted by others to apply to the overall CERP effort, not
to annual totals or the amounts for each project. This allows for state-federal funding disparities
among some projects and for a given project during its various phases. Notably, federal funding
for CERP increased in FY2009 and FY2010 as some projects neared the construction stage.
ARRA (P.L. 111-5) provided an additional infusion of approximately $120 million for Everglades
restoration projects in FY2009-FY2010.
Figure 2 provides annual state and federal funding for
CERP-related projects since FY2001.
Figure 2. Federal and State CERP Funding Since FY2001
700
600
500
s
n 400
io
ill
M 300
$
200
100
0
1
2
3
4
5
6
7
8
9
0
200
200
200
200
200
200
200
200
200
201
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Fiscal Year
Federal CERP
State CERP
Source: The South Florida Ecosystem Restoration Program,
Fiscal Year 2000-2009 Crosscut Budget (Miami, FL:
2000-2009), and various appropriations laws. Federal funding for FY2010 based on FY2011 agency budget
submissions.
Notes: Does not include federal funding under ARRA. State funding is based on a different fiscal year than
federal funding. No data on state funding has been released for FY2009 and FY2010.
Congressional Research Service
5
.
Everglades Restoration: The Federal Role in Funding
Implementation Issues Related to Funding
Key Everglades funding issues include the level of funding for restoration activities, the
authorization of new CERP projects, the role of the state and federal governments in setting
restoration priorities, and phosphorus mitigation. Funding issues in the Everglades are of interest
to stakeholders representing large-scale ecosystem restoration initiatives throughout the country.
The expenses of other large-scale restoration initiatives, such as those in the coastal Louisiana
(estimated $14 billion), Great Lakes (estimated $20 billion) and Chesapeake Bay (estimated $15
billion) regions, are often compared to the cost of Everglades restoration. These comparisons,
however, often do not distinguish among the differences in federal roles, responsibilities, and cost
shares for each of these efforts.
A funding issue receiving broad attention is the level of commitment by the federal government
in the Everglades. Some observers measure commitment by the frequency and number of projects
authorized under CERP, and the appropriations they receive. Because only three restoration
projects have been authorized since WRDA 2000, these observers are concerned that federal
commitment to CERP implementation may be waning. Others are waiting to gauge federal
commitment by the provision of construction funding as the first projects are completed and
others are started. Some state and federal officials argue that federal funding will increase as
CERP projects move beyond design and into construction. As of early 2010, two CERP projects
were under construction, including the first federally constructed CERP project at Picayune
Strand, which broke ground on January 7, 2010.6
Another issue is the role of the state in prioritizing restoration projects. The current dominance of
state funds has generated some concern that the state of Florida is defining which Everglades
projects proceed. Some contend that state priorities may not be in the federal interest; others
argue that these concerns are unfounded because state funding is a reflection of the state’s
financial responsibility for acquiring land early in the restoration process. This concern was
heightened when the state announced a program,
Acceler8, that aims to accelerate the state’s
portion of funding, design, and construction of eight CERP projects. Most of the projects are for
constructing reservoirs to collect excess water and maintain flood control; others are for restoring
habitat. By fast-tracking these projects, the state contends that Everglades restoration benefits will
be realized sooner and flood control and water conservation will function better. These projects
require congressional authorization before they can receive federal construction funding. A
revised project implementation schedule was being developed by the Corps and SFWMD to
reflect project implementation priorities.
Phosphorus mitigation in the Everglades is a restoration concern sometimes addressed in Interior
and Related Agencies appropriations laws. Since FY2004, Interior appropriations laws have
conditioned funding for the Modified Water Deliveries Project (Mod Waters)7 based on meeting
6 While only two CERP projects (one state, one federal) were under construction in early 2010, multiple non-CERP
projects with a nexus to CERP are currently underway, including the Modified Waters Deliveries Project (see footnote
below).
7 The Modified Waters Deliveries Project is an ecological restoration project in south Florida designed to improve
water delivery to Everglades National Park. The implementation schedule of Mod Waters is of interest to Congress
partly because its completion is required before the implementation of portions of CERP. This project is currently
funded through the Department of the Interior, National Park Service. It is scheduled for completion in 2013. For
additional information, see CRS Report RS21331,
Everglades Restoration: Modified Water Deliveries Project, by
Pervaze A. Sheikh.
Congressional Research Service
6
.
Everglades Restoration: The Federal Role in Funding
state water quality standards. Funds appropriated in the laws and any prior laws for Mod Waters
would be provided unless administrators of four federal departments or agencies (Secretary of the
Interior, Secretary of the Army, Administrator of the EPA, and the Attorney General) indicate in
their joint report that water entering the A.R.M. Loxahatchee National Wildlife Refuge and
Everglades National Park does not meet state water quality standards, and the House and Senate
Committees on Appropriations respond in writing disapproving the further expenditure of funds.
These provisions were enacted based on concerns regarding a Florida state law (Chapter 2003-12,
enacted on May 20, 2003) that amended the Everglades Forever Act of 1994 (Florida Statutes
§373.4592) by authorizing a new plan to mitigate phosphorus pollution in the Everglades.
Phosphorus is one of the primary water pollutants in the Everglades and a primary cause of
ecosystem degradation.
Separately, EPA is also under a consent decree to promulgate nutrient water quality criteria for
Florida’s inland and coastal waters. On January 26, 2010, EPA published a proposed rule in the
Federal Register outlining numeric nutrient criteria for inland waters in the state of Florida under
the federal Clean Water Act. The final rule is expected to be published in October 2010.
Implementation of Everglades restoration continues to evolve as the initial projects begin
construction, the three CERP projects authorized in WRDA 2007 undergo design and planning,
and a second set of CERP projects seek congressional authorization. Supporters of the Everglades
restoration effort and of large-scale restoration efforts in other parts of the country are watching to
see if the federal financial commitment keeps pace with congressional authorization, the timeline
outlined in CERP, and the financial investments by the state of Florida.
Author Contact Information
Charles V. Stern, Coordinator
Nicole T. Carter
Analyst in Natural Resources Policy
Specialist in Natural Resources Policy
cstern@crs.loc.gov, 7-7786
ncarter@crs.loc.gov, 7-0854
Pervaze A. Sheikh
Specialist in Natural Resources Policy
psheikh@crs.loc.gov, 7-6070
Congressional Research Service
7