[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
                      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.