[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: 33CFR385.37]

[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 
 
     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.