[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR385.2]



[Page 614-615]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 385_PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES 

RESTORATION PLAN--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  385.2  Applicability of the programmatic regulations.



    (a) This part applies to all activities conducted to implement the 

Comprehensive Everglades Restoration Plan.

    (b) As used in this part, the Secretary of the Army acts through the 

Assistant Secretary of the Army for Civil Works with respect to the 

Army's civil works program pursuant to 10 U.S.C. 3016.



[[Page 615]]



    (c) Nothing in this part shall be interpreted to amend, alter, 

diminish, or otherwise affect:

    (1) The rights, powers and duties provided under the ``Comprehensive 

Everglades Restoration Plan Assurance of Project Benefits Agreement,'' 

dated January 9, 2002 pursuant to section 601(h)(2) of WRDA 2000; or

    (2) Any existing legal water rights of the United States, the State 

of Florida, the Miccosukee Tribe of Indians of Florida, or the Seminole 

Tribe of Florida, including rights under the compact among the Seminole 

Tribe of Florida, the State, and the South Florida Water Management 

District, defining the scope and use of water rights of the Seminole 

Tribe of Florida, as codified by section 7 of the Seminole Indian Land 

Claims Settlement Act of 1987 (25 U.S.C. 1772e).

    (d) This part is intended to aid the internal management of the 

implementing agencies and is not intended to create any right or benefit 

enforceable at law by a party against the implementing agencies or their 

officers. Nothing in this part shall create a right or expectation to 

benefits or enhancements, temporary or permanent, in third parties that 

are not specifically authorized by Congress in section 601 of WRDA 2000.

    (e) Nothing in this part is intended to, or shall be interpreted to, 

reserve or allocate water or to prescribe the process for reserving or 

allocating water or for water management under Florida law. Nor is this 

part intended to, nor shall it be interpreted to, prescribe any process 

of Florida law.