[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: 33CFR385.12]



[Page 626]

 

                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 C_CERP Implementation Processes

 

Sec.  385.12  Pilot projects.



    (a) The Plan includes pilot projects to address uncertainties 

associated with certain components such as aquifer storage and recovery, 

in-ground reservoir technology, seepage management, and wastewater 

reuse. The purpose of the pilot projects is to develop information 

necessary to better determine the technical feasibility of these 

components prior to development of a Project Implementation Report.

    (b) Prior to initiating activities on a pilot project, the Corps of 

Engineers and the non-Federal sponsor shall develop a Project Management 

Plan as described in Sec.  385.24.

    (c) Project Implementation Reports shall not be necessary for pilot 

projects. Prior to implementing a pilot project, the Corps of Engineers 

and the non-Federal sponsor shall prepare a Pilot Project Design Report.

    (1) The Pilot Project Design Report shall contain the technical 

information necessary to construct the pilot project including 

engineering and design, cost estimates, real estate analyses, and 

appropriate NEPA documentation.

    (2) The Pilot Project Design Report shall include a detailed 

operational testing and monitoring plan necessary to develop information 

to assist in better determining the technical feasibility of certain 

components prior to development of a Project Implementation Report.

    (3) In accordance with Sec.  385.18, the Corps of Engineers and the 

non-Federal sponsor shall provide the public with opportunities to 

review and comment on the draft Pilot Project Design Report.

    (4) The Corps of Engineers and the non-Federal sponsor shall approve 

the final Pilot Project Design Report in accordance with applicable law.

    (d) Upon completion of operational testing and monitoring, the Corps 

of Engineers and the non-Federal sponsor 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, prepare a 

Pilot Project Technical Data Report, documenting the findings and 

conclusions from the operational testing and monitoring of the pilot 

project. The purpose of the Pilot Project Technical Data Report is to 

help assess the viability of technology and to assist in the development 

of the full-scale project. The Corps of Engineers and the non-Federal 

sponsor shall also consult with the South Florida Ecosystem Restoration 

Task Force in preparing the report.

    (1) In accordance with Sec.  385.22(b), the draft Pilot Project 

Technical Data Report shall be externally peer reviewed.

    (2) In accordance with Sec.  385.18, the public shall be provided 

with opportunities to review and comment on the draft Pilot Project 

Technical Data Report.

    (3) The final Pilot Project Technical Data Report shall be made 

available to the public.