[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: 33CFR385.1] [Page 613-614] 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 A_General Provisions Sec. 385.1 Purpose of the programmatic regulations. Subpart A_General Provisions Sec. 385.1 Purpose of the programmatic regulations. 385.2 Applicability of the programmatic regulations. 385.3 Definitions. 385.4 Limitation on applicability of programmatic regulations. 385.5 Guidance memoranda. 385.6 Review of programmatic regulations. 385.7 Concurrency statements. Subpart B_Program Goals and Responsibilities 385.8 Goals and purposes of the Comprehensive Everglades Restoration Plan. 385.9 Implementation principles. 385.10 Implementation responsibilities, consultation, and coordination. Subpart C_CERP Implementation Processes 385.11 Implementation process for projects. 385.12 Pilot projects. 385.13 Projects implemented under additional program authority. 385.14 Incorporation of NEPA and related considerations into the implementation process. 385.15 Consistency with requirements of the State of Florida. 385.16 Design agreements. 385.17 Project Delivery Team. 385.18 Public outreach. 385.19 Environmental and economic equity. 385.20 Restoration Coordination and Verification (RECOVER). 385.21 Quality control. 385.22 Independent scientific review and external peer review. 385.23 Dispute resolution. 385.24 Project Management Plans. 385.25 Program Management Plans. 385.26 Project Implementation Reports. 385.27 Project Cooperation Agreements. 385.28 Operating Manuals. 385.29 Other project documents. Subpart D_Incorporating New Information into the Plan 385.30 Master Implementation Sequencing Plan. 385.31 Adaptive management program. 385.32 Comprehensive Plan Modification Report. 385.33 Revisions to models and analytical tools. 385.34 Changes to the Plan. Subpart E_Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purposes of the Plan 385.35 Achievement of the benefits of the Plan. 385.36 Elimination or transfer of existing legal sources of water. 385.37 Flood protection. 385.38 Interim goals. 385.39 Evaluating progress towards other water-related needs of the region provided for in the Plan. 385.40 Reports to Congress. Appendix A to Part 385--Illustrations to Part 385 Authority: Section 601, Pub. L. 106-541, 114 Stat. 2680; 10 U.S.C. 3013(g)(3); 33 U.S.C. 1 and 701; and 5 U.S.C. 301. Source: 68 FR 64220, Nov. 12, 2003, unless otherwise noted. (a) The programmatic regulations of this part implement the provisions of section 601(h)(3) of the Water Resources Development Act of 2000, Public Law 106-541, 114 Stat. 2688 (hereinafter ``WRDA 2000''), which was enacted on December 11, 2000. (b) The purpose of the programmatic regulations of this part is to ensure that the goals and purposes of the Comprehensive Everglades Restoration Plan (the Plan) are achieved and to establish the processes necessary for implementing the Plan. Some of these processes are project specific, including, but not limited to, development of Project Implementation Reports, Project Cooperation Agreements, plans and specifications, Pilot Project Technical Data Reports, and Operating Manuals. Other processes are of more general applicability, including, but not limited to, development of program-wide guidance memoranda, interim goals, interim targets, and the Master Implementation Sequencing Plan. Taken together, these processes will ensure that the restoration purposes and other goals of the Plan are achieved. The regulations of this part [[Page 614]] also describe the relationship among the various entities responsible for implementation of the Plan. (c) Section 601(h) of WRDA 2000 establishes an integrated framework for assuring that the goals and purposes of the Plan are achieved. This framework includes tools for planning, implementation, and evaluation; a process for developing these tools in an open public process, with input from other Federal, State, and local agencies; and an enforcement mechanism to ensure that the requirements of the statute are carried out. (1) Tools. (i) The specific planning tool established by section 601(h) is the Project Implementation Report. (ii) The specific implementation tools established by section 601(h) are Project Cooperation Agreements and Operating Manuals. (iii) The specific evaluation tool established by section 601(h) is the interim goals for evaluating the restoration success of the Plan. (iv) In addition to the specific planning, implementation, and evaluation tools established by section 601(h), the regulations of this part establish additional tools, including but not limited to, Project Management Plans, Program Management Plans, Comprehensive Plan Modification Reports, the Master Implementation Sequencing Plan, and interim targets for evaluating progress towards achieving the other water related needs of the region. (2) Processes. The regulations of this part establish the processes for developing these tools. Consistent with section 601(h), these regulations have been developed, after notice and opportunity for public content, with the concurrence of the Secretary of the Interior and the Governor, and in consultation with the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Florida Department of Environmental Protection, and other Federal, State, and local agencies. (3) Enforcement mechanism. The specific enforcement mechanism established by Section 601(h) is the ``Comprehensive Everglades Restoration Plan Assurance of Project Benefits Agreement,'' dated January 9, 2002, between the President and the Governor, under which the State shall ensure, by regulation or other appropriate means, that water made available by each project in the Plan shall not be permitted for a consumptive use or otherwise made unavailable by the State until such time as sufficient reservations of water for the restoration of the natural system are made under State law in accordance with the project implementation report and consistent with the Plan. (4) Public information. The Secretary of the Army shall ensure that the public understands the linkage between the processes, tools, and enforcement mechanism and can monitor the effectiveness of this integrated framework in assuring that the goals and purposes of the Plan are achieved, as provided for in the regulations of this part, by: (i) Providing for public notice and comment in the development of planning, implementation, and evaluation tools; (ii) Providing notice of final action on planning, evaluation, and implementation tools; (iii) Making available to the public on a web site or by other appropriate means final, and where appropriate draft, copies of all planning, evaluation, and implementation tools; and (iv) Explaining through the regulations of this part and by other appropriate means the process for developing the tools, the linkage between the process, tools, and enforcement mechanism, and the means by which these elements constitute an integrated framework for assuring that the goals and purposes of the Plan are achieved.