[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: 33CFR385.8]



[Page 622-623]

 

                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 B_Program Goals and Responsibilities

 

Sec.  385.8  Goals and purposes of the Comprehensive Everglades 

Restoration Plan.





    (a) The Comprehensive Everglades Restoration Plan (CERP) is a 

framework for modifications and operational changes to the Central and 

Southern Florida Project. 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.

    (b) The Corps of Engineers, the South Florida Water Management 

District, and other non-Federal sponsors shall, in consultation with the 

Department of the Interior, the Environmental Protection Agency, the 

Department of Commerce, the Miccosukee Tribe of Indians of Florida, the 

Seminole Tribe of Florida, the Florida Department of Environmental 

Protection, and other Federal, State, and local agencies, implement the 

Plan, as authorized by Congress, to ensure the protection of water 

quality in, the reduction of the loss of fresh water from, and the 

improvement of the environment of the South Florida ecosystem and to 

achieve and maintain the benefits to the natural system and human 

environment described in the Plan, and required pursuant to section 601 

of WRDA 2000, for as long as the project is authorized.

    (c) The goal of the Plan is to restore, preserve, and protect the 

South Florida ecosystem while providing for other water-related needs of 

the region. The Plan is designed to accomplish this by providing the 

quantity, quality, timing, and distribution of water necessary to 

achieve and sustain those essential hydrological and biological 

characteristics that defined the undisturbed South Florida ecosystem. As 

authorized by Congress, the restored South Florida ecosystem will be 

significantly healthier than the current system; however it will not 

completely replicate the undisturbed South Florida ecosystem and some 

areas may more closely replicate the undisturbed ecosystem than others. 

Initial modeling showed that most of the water



[[Page 623]]



generated by the Plan would go to the natural system in order to attain 

restoration goals, and the remainder of the water would go for use in 

the human environment. The Corps of Engineers, the South Florida Water 

Management District, and other non-Federal sponsors shall ensure that 

Project Implementation Reports identify the appropriate quantity, 

timing, and distribution of water to be dedicated and managed for the 

natural system that is necessary to meet the restoration goals of the 

Plan. In accordance with the ``Comprehensive Everglades Restoration Plan 

Assurance of Project Benefits Agreement,'' dated January 9, 2002 

pursuant to section 601(h)(2) of WRDA 2000, the South Florida Water 

Management District or the Florida Department of Environmental 

Protection shall make sufficient reservations of water for the natural 

system under State law in accordance with the Project Implementation 

Report for that project and consistent with the Plan before water made 

available by a project is permitted for a consumptive use or otherwise 

made unavailable.

    (d) The Corps of Engineers and non-Federal sponsors shall implement 

the Plan in a manner to continuously improve the expected performance 

level of the Plan based upon new information resulting from changed or 

unforeseen circumstances, new scientific and technical information, new 

or updated modeling; information developed through the adaptive 

assessment principles contained in the Plan; and future authorized 

changes to the Plan integrated into the implementation of the Plan.