[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: 33CFR385.27]



[Page 639-640]

 

                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 C_CERP Implementation Processes

 

Sec.  385.27  Project Cooperation Agreements.



    (a) General. Prior to initiating construction or implementation of a 

project, the Corps of Engineers shall execute a Project Cooperation 

Agreement with the non-Federal sponsor in accordance with applicable 

law.

    (b) Verification of water reservations. The Project Cooperation 

Agreement shall include a finding that the South Florida Water 

Management District or the Florida Department of Environmental 

Protection has executed under State law the reservation or allocation of 

water for the natural system as identified in the Project Implementation 

Report. Prior to execution of the Project Cooperation Agreement, the 

District Engineer shall verify in writing that the South Florida Water 

Management District or the Florida Department of Environmental 

Protection has executed under State law the reservation or allocation of 

water for the natural system as identified in the Project Implementation 

Report. The District Engineer's verification shall provide the basis for 

the finding in the Project Cooperation Agreement and be made available 

to the public.

    (c) Changes to water reservations. Reservations or allocations of 

water are a State responsibility. Any change to the reservation or 

allocation of water for the natural system made under State law shall 

require an amendment to the Project Cooperation Agreement.

    (1) The District Engineer shall, in consultation with the South 

Florida Water Management District, the Florida Department of 

Environmental Protection, the Department of the Interior, the 

Environmental Protection Agency, the Department of Commerce, the 

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

and other Federal, State, and local agencies, verify in writing that the 

revised reservation or allocation continues to provide for an 

appropriate quantity, timing, and distribution of water dedicated and 

managed for the natural system after considering any changed 

circumstances or new information since completion of the Project 

Implementation Report. In accordance



[[Page 640]]



with applicable State law, the non-Federal sponsor shall provide 

opportunities for the public to review and comment on any proposed 

changes in the water reservation made by the State.

    (2) The Secretary of the Army shall notify the appropriate 

committees of Congress whenever a change to the reservation or 

allocation of water for the natural system executed under State law as 

described in the Project Implementation Report has been made. Such 

notification shall include the Secretary's and the State's reasons for 

determining that the revised reservation or allocation continues to 

provide for an appropriate quantity, timing, and distribution of water 

dedicated and managed for the natural system after considering any 

changed circumstances or new information since completion of the Project 

Implementation Report. The Secretary of the Army's notification to the 

appropriate committees of Congress shall be made available to the 

public.

    (d) Savings clause provisions. The Project Cooperation Agreement 

shall ensure that the Corps of Engineers and the non-Federal sponsor 

not:

    (1) Eliminate or transfer existing legal sources of water until a 

new source of comparable quantity and quality as that available on the 

date of enactment of WRDA 2000 is available to replace the water to be 

lost as a result of implementation of the Plan; and

    (2) Reduce levels of service for flood protection that are:

    (i) In existence on the date of enactment of WRDA 2000; and

    (ii) In accordance with applicable law.