[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: 33CFR385.20]



[Page 630-632]

 

                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.  385.20  Restoration Coordination and Verification (RECOVER).



    (a) RECOVER (Restoration Coordination and Verification) is an 

interagency and interdisciplinary scientific and technical team 

described in the ``Final Integrated Feasibility Report and Programmatic 

Environmental Impact Statement,'' dated April 1, 1999. RECOVER was 

established by the Corps of Engineers and the South Florida Water 

Management District to conduct assessment, evaluation, and planning and 

integration activities using the best available science that support 

implementation of the Plan with the overall goal of ensuring that the 

goals and purposes of the Plan are achieved. RECOVER has been organized 

into a Leadership Group that provides management and coordination for 

the activities of RECOVER and teams that accomplish activities such as: 

developing system-wide performance measures; developing and implementing 

the monitoring and assessment program; evaluating alternatives developed 

by Project Delivery Teams to achieve the goals and purposes of the Plan; 

conducting system-wide water quality analyses; developing, refining, and 

applying system-wide models and tools; and evaluating modifications to 

the Plan. RECOVER is not a policy making body, but has technical and 

scientific responsibilities that support implementation of the Plan.

    (b) Documents or work products prepared or developed by RECOVER 

shall not be self-executing, but shall be provided as information for 

consideration by the Corps of Engineers and the South Florida Water 

Management District, 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. Technical information 

developed by RECOVER shall be available to the public.

    (c) The Corps of Engineers and the South Florida Water Management 

District shall encourage the participation



[[Page 631]]



of other Federal, State, and local agencies and the Miccosukee Tribe of 

Indians of Florida and the Seminole Tribe of Florida on RECOVER, to use 

their expertise, to ensure that information developed by RECOVER is 

shared at the earliest possible time with agencies, tribes, and the 

public, and to ensure that matters of concern are addressed as early as 

possible. The Corps of Engineers and the South Florida Water Management 

District recognize the special role of the National Oceanic and 

Atmospheric Administration of the Department of Commerce, the Florida 

Fish and Wildlife Conservation Commission, the Department of the 

Interior and the Florida Fish and Wildlife Conservation Commission as 

stewards of the natural system and for their technical and scientific 

activities in support of restoration. The Corps of Engineers and the 

South Florida Water Management District recognize the special role of 

the Environmental Protection Agency and the Florida Department of 

Environmental Protection in water quality issues. Accordingly, the Corps 

of Engineers and the South Florida Water Management District have used 

and will continue to use the Department of the Interior, the Department 

of Commerce, the Florida Fish and Wildlife Conservation Commission, the 

Environmental Protection Agency, and the Florida Department of 

Environmental Protection as co-chairs along with the Corps of Engineers 

and the South Florida Water Management District on the appropriate 

technical teams that have been established to date as part of RECOVER.

    (1) In general, participation on RECOVER shall be the financial 

responsibility of the participating agency or tribe.

    (2) Participation by an agency or tribe on RECOVER shall not be 

considered or construed to be a substitute for consultation, 

coordination, or other activities required by applicable law, policy, or 

regulation.

    (d) The Corps of Engineers and the South Florida Water Management 

District shall:

    (1) Assign program managers from the Corps of Engineers and the 

South Florida Water Management District to be responsible for carrying 

out the activities of RECOVER; and

    (2) Establish a RECOVER Leadership Group to assist the program 

managers in coordinating and managing the activities of RECOVER, 

including the establishment of sub-teams or other entities, and in 

reporting on the activities of RECOVER. In addition to the program 

managers, the RECOVER Leadership Group shall, consist of one member 

appointed by each of the following:

    (i) Environmental Protection Agency;

    (ii) National Oceanic and Atmospheric Administration;

    (iii) U.S. Fish and Wildlife Service;

    (iv) U.S. Geological Survey;

    (v) National Park Service;

    (vi) Miccosukee Tribe of Indians of Florida;

    (vii) Seminole Tribe of Florida;

    (viii) Florida Department of Agriculture and Consumer Services;

    (ix) Florida Department of Environmental Protection; and

    (x) Florida Fish and Wildlife Conservation Commission.

    (3) As necessary to assist the program managers, the Corps of 

Engineers and the South Florida Water Management District may add 

additional members to the RECOVER Leadership Group.

    (e) RECOVER shall perform assessment, evaluation, and planning and 

integration activities as described in this paragraph.

    (1) Assessment activities. In accordance with Sec.  385.31, RECOVER 

shall conduct credible scientific assessments of hydrological, water 

quality, biological, ecological, water supply, and other responses to 

the Plan. The Corps of Engineers and the South Florida Water Management 

District will ensure that these assessments incorporate the best 

available science and that the results are provided for external peer 

review, as appropriate, and are made fully available for public review 

and comment. RECOVER shall conduct assessment activities, including, but 

not limited to:

    (i) Developing proposed assessment performance measures for 

assessing progress towards the goals and purposes of the Plan;



[[Page 632]]



    (ii) Developing a proposed monitoring plan to support the adaptive 

management program;

    (iii) Conducting monitoring and assessment activities as part of the 

adaptive management program to assess the actual performance of the 

Plan;

    (iv) Developing recommendations for interim goals in accordance with 

Sec.  385.38;

    (v) Assessing progress towards achieving the interim goals 

established pursuant to Sec.  385.38;

    (vi) Developing recommendations for interim targets in accordance 

with Sec.  385.39;

    (vii) Assessing progress towards achieving the interim targets 

established pursuant to Sec.  385.39; and

    (viii) Cooperating with the independent scientific review panel and 

external peer review in accordance with Sec.  385.22.

    (2) Evaluation activities. In accordance with Sec.  385.26(c) and 

Sec.  385.32, RECOVER shall assist Project Delivery Teams in ensuring 

that project design and performance is fully linked to the goals and 

purposes of the Plan and incorporating, as appropriate, information 

developed for Project Implementation Reports into the Plan. RECOVER 

shall conduct evaluation activities, including, but not limited to:

    (i) Developing proposed evaluation performance measures for 

evaluating alternative plans developed for the Project Implementation 

Report;

    (ii) Conducting evaluations of alternative plans developed for 

Project Implementation Reports and Comprehensive Plan Modification 

Reports; and

    (iii) Supporting development and refinement of predictive models and 

tools used in the evaluation of alternate plans developed by the Project 

Delivery Teams.

    (3) Planning and integration activities. RECOVER shall conduct 

planning and integration activities, in accordance with Sec.  385.31, in 

support of the adaptive management program as a basis for identifying 

opportunities for improving the performance of the Plan and other 

appropriate planning and integration activities associated with 

implementation of the Plan. RECOVER shall conduct planning and 

integration activities, including, but not limited to:

    (i) Developing and refining conceptual and predictive models and 

tools in support of the integration of new science into the adaptive 

management program;

    (ii) Reviewing and synthesizing new information and science that 

could have an effect on the Plan;

    (iii) Developing proposed refinements and improvements in the design 

or operation of the Plan during all phases of implementation;

    (iv) Preparing technical information to be used in the development 

of the periodic reports to Congress prepared pursuant to Sec.  385.40; 

and

    (v) Analyzing proposed revisions to the Master Implementation 

Sequencing Plan.

    (f) In carrying out the functions described in this section, RECOVER 

shall consider the effects of activities and projects that are not part 

of the Plan, but which could affect the ability of the Plan to achieve 

its goals and purposes.

    (g) As appropriate, the Corps of Engineers and the South Florida 

Water Management District shall seek external peer review of RECOVER 

activities in accordance with Sec.  385.22(b).