[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: 33CFR385.37]



[Page 651]

 

                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 E_Ensuring Protection of the Natural System and Water 

     Availability Consistent With the Goals and Purpose of the Plan

 

Sec.  385.37  Flood protection.



    (a) General. In accordance with section 601 of WRDA 2000, flood 

protection, consistent with restoration, preservation, and protection of 

the natural system, is a purpose of the Plan.

    (b) Existing flood protection. Each Project Implementation Report 

shall include appropriate analyses, and consider the operational 

conditions included in the pre-CERP baseline developed pursuant to Sec.  

385.35(a), to demonstrate that the levels of service for flood 

protection that:

    (1) Were in existence on the date of enactment of section 601 of 

WRDA 2000; and

    (2) Are in accordance with applicable law, will not be reduced by 

implementation of the project.

    (c) Improved and new flood protection. The overarching objective of 

the Plan is the restoration, preservation, and protection of the South 

Florida Ecosystem while providing for other water-related needs of the 

region, including water supply and flood protection. As appropriate, the 

Corps of Engineers and the non-Federal sponsor shall consider 

opportunities to provide additional flood protection, consistent with 

restoration of the natural system, and the provisions of section 

601(f)(2)(B) of WRDA 2000 and other applicable laws.