In 1988, the federal government sued the State of Florida and two of its state agencies, alleging that water released onto federal lands from agricultural sources contained elevated levels of phosphorus and other nutrients in violation of state water quality standards. Based on a 1992 Consent Decree settling this lawsuit, Florida enacted the Everglades Forever Act in 1994. This act required the state to establish a numeric limit for phosphorus by December 2003 (i.e., phosphorus criterion) and required actions to comply with this limit by December 2006. In spring 2003, Florida amended the 1994 Act to create significant flexibility in deadlines for phosphorus mitigation, and in July 2003, Florida issued a rule establishing a limit for phosphorus and methods to measure compliance with that limit. This concern is reflected in the FY2004 Energy and Water Development Appropriations Act ( P.L. 108-137 ), and FY2004 Interior and Related Agencies Appropriations Act ( P.L. deadline. The provisions require federal agencies to determine whether Florida is meeting the deadline, and if not, the provisions state that Congress may disapprove FY2004 funding for some Everglades restoration projects. 108-108 states that both FY2004 funds and funds appropriated in prior years for the Modified Water Deliveries project should be available unless an annual report filed by the Secretaries of the Interior and the Army, the Attorney General, and the U.S. Environmental Protection Agency (EPA) finds that Florida is not meeting state water quality standards, and the state numeric phosphorus criteria and water quality requirements set forth in the 1992 Consent Decree in Arthur R. Marshall Loxahatchee National Wildlife Refuge (LNWR) and Everglades National Park (ENP). Energy and Water Appropriations

The FY2004 Energy and Water Development Appropriations Act provides that $137 million appropriated for restoring the Everglades (including funding for the Central and Southern Florida project, the Everglades and South Florida Ecosystem Restoration project, and the Kissimmee River Restoration project) will be available unless: (1) the Secretary of the Army files an unfavorable report with the House and Senate Appropriations Committees and the State of Florida on whether Florida is meeting water quality requirements in the 1992 Consent Decree, within 30 days of enactment of the bill (December 31, 2003); (2) Florida fails to submit a plan to comply within 45 days of the report; (3) the Secretary files a report confirming that Florida has not delivered the plan; and (4) either the House or Senate Committee on Appropriations issues a written notice disapproving further expenditure of the funds. These laws may cause some to question the viability of the federal-state partnership which has guided Everglades restoration over the last decade. This could be interpreted as a departure from the status quo of federal-state cooperation to restore the Everglades. This amendment did not explicitly set a 2006 deadline, or any deadline, for phosphorus mitigation. Results of 1994 EFA

Phosphorus mitigation by agriculture in the Everglades seems to be working. Further Historical Context

The preceding history provides some context for the FY2004 appropriations provisions that restrict federal funding for Everglades restoration based on compliance with water quality standards. The following appendices provide further context in the form of (1) a historical timeline of efforts to address Everglades phosphorus pollution and (2) a side-by-side analysis of pending appropriations legislation.
Provisions in the FY2004 Energy and Water Development Appropriations Act ( P.L. 108-137 ) and the FY2004 Interior and Related Agencies Appropriations Act ( P.L. 108-108 ) restrict funding for restoration activities in the Florida Everglades if Florida does not achieve certain phosphorus mitigation and water quality standards in Everglades waters by 2006. The provisions also require several federal agencies to report whether Florida is meeting the deadline. If not, some provisions state that Congress may disapprove funding for some Everglades restoration projects, including some projects in the $7.8 billion Comprehensive Everglades Restoration Plan (CERP). (For more information, see CRS Report RS20702, South Florida Ecosystem Restoration and the Comprehensive Everglades Restoration Plan , by [author name scrubbed] and [author name scrubbed].)
These provisions may represent a turning point in the 10-year federal-state partnership to restore the Everglades. Since 1993, the federal, state, tribal and local governments have generally worked together towards restoration. Congress has not previously conditioned federal Everglades funding on Florida taking specific actions towards restoration, both because of this partnership and because a federal Consent Decree and a state law (the Everglades Forever Act) set a deadline of 2006 for phosphorus mitigation. However, in spring 2003, the Florida legislature amended the Everglades Forever Act to extend the deadline until at least 2016.
Phosphorus pollution has been a concern in the Everglades for many years. Excess phosphorus can cause imbalances in vegetation and habitat and alter native ecosystems. Much of this phosphorus is discharged in water from the Everglades Agricultural Area (EAA), which is located north of the Arthur R. Marshall Loxahatchee National Wildlife Refuge and the Everglades National Park. The EAA has been used intensively for farming, particularly sugar cane, since the 1950s. In 1988, the federal government sued the State of Florida and two of its agencies, alleging that water released onto federal lands from agricultural sources contained elevated levels of phosphorus and other nutrients in violation of state water quality standards. Based on a 1992 Consent Decree settling this lawsuit, Florida enacted the Everglades Forever Act in 1994. This act required the state to establish a numeric limit for phosphorus by December 2003 and required actions to comply with this limit by December 2006. The federal judge overseeing the Consent Decree later adopted the December 2006 deadline. In spring 2003, Florida amended the 1994 Act to create flexibility in meeting deadlines for phosphorus mitigation to 2016 or later, and in July 2003, Florida issued a rule establishing a limit for phosphorus of 10 parts per billion and methods to measure compliance with that limit.
This report discusses the FY2004 appropriations provisions that condition federal funding for Everglades restoration on compliance with water quality standards, provides a side-by-side analysis of pending appropriations legislation, and provides background and a timeline of efforts to address Everglades phosphorus pollution. This report will be updated as events warrant.