[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: 33CFR385.14]



[Page 627-628]

 

                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.  385.14  Incorporation of NEPA and related considerations into the 

implementation process.



    (a) General. (1) In implementing the Plan, the Corps of Engineers 

shall comply with the requirements of NEPA (42 U.S.C. 4371, et seq.) and 

applicable implementing regulations, including determining whether a 

specific action, when considered individually and cumulatively, will 

have a significant impact on the human environment.

    (2) As appropriate, other agencies shall be invited to be 

cooperating agencies in the preparation of NEPA documentation pursuant 

to Sec.  230.16 of this chapter.

    (3) The District Engineer is the NEPA official responsible for 

compliance with NEPA for actions conducted to implement the Plan. Unless 

otherwise provided for by this part, NEPA coordination for 

implementation of the plan shall follow the NEPA procedures established 

in part 230 of this chapter.

    (b) Actions normally requiring an Environmental Impact Statement 

(EIS). (1) In addition to the actions listed in Sec.  230.6 of this 

chapter, actions normally requiring an EIS are:

    (i) Comprehensive Plan Modification Reports;

    (ii) System Operating Manual or significant changes to the System 

Operating Manual;

    (iii) Project Implementation Reports, including the draft Project 

Operating Manual when included in the Project Implementation Report;

    (iv) Pilot Project Design Reports, including the detailed 

operational testing and monitoring plan; and

    (v) Project Operating Manuals for any project where a Project 

Implementation Report is not prepared, or significant changes to Project 

Operating Manuals.

    (2) The District Engineer may consider the use of an environmental 

assessment (EA) on the types of actions described in this paragraph if 

early studies and coordination show that a particular action, considered 

individually and cumulatively, is not likely to have a significant 

impact on the quality of the human environment.

    (c) Actions normally requiring an EA, but not necessarily an EIS. In 

addition to the actions listed in Sec.  230.7 of this chapter, actions 

normally requiring an EA, but not necessarily an EIS, are modifications 

to Project Operating Manuals or the System Operating Manual, that do not 

provide for significant change in operation and/or maintenance.

    (d) Categorical exclusions. In addition to the activities listed in 

Sec.  230.9 of this chapter, the following actions do not require 

separate NEPA documentation, either because, when considered 

individually and cumulatively, they do not have significant effects on 

the quality of the human environment or because any such effects will 

already have been considered in NEPA documentation prepared in 

accordance with paragraphs (b) and (c) of this section. However, the 

District Engineer should be alert for extraordinary circumstances that 

may dictate the need to prepare an EA or an EIS. Even though an EA or 

EIS is not indicated for a Federal action because of a ``categorical 

exclusion,'' that fact does not exempt the action from compliance with 

any other applicable Federal, State, or Tribal law, including but not 

limited to, the Endangered Species Act, the Fish and Wildlife 

Coordination Act, the National Historic Preservation Act, the Clean 

Water Act, Clean Air Act, the Coastal Zone Management Act, and the 

Marine Mammal Protection Act.

    (1) Project Cooperation Agreements;

    (2) Project Management Plans;

    (3) Program Management Plans;

    (4) Plans and specifications for projects;

    (5) Pilot Project Technical Data Reports;



[[Page 628]]



    (6) Assessment reports prepared for the adaptive management program;

    (7) Interim goals and interim targets;

    (8) Development or revision of guidance memoranda or methods such as 

adaptive management, monitoring, plan formulation and evaluation, 

quantification of water needed for the natural system or protection of 

existing uses, methods of determining levels of flood protection, and 

similar guidance memoranda or methods; and

    (9) Deviations from Operating Manuals for emergencies and unplanned 

minor deviations when, considered individually and cumulatively, they do 

not have significant effects on the quality of the human environment, as 

described in applicable Corps of Engineers regulations, including Sec.  

222.5(f)(4) and Sec.  222.5(i)(5) of this chapter, and Engineer 

Regulation ER 1110-2-8156 ``Preparation of Water Control Manuals.''