[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: 33CFR385.23]



[Page 634]

 

                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.  385.23  Dispute resolution.



    (a) Disputes with the non-Federal sponsor concerning a Project 

Cooperation Agreement shall be resolved under the specific dispute 

resolution procedures of that Project Cooperation Agreement.

    (b) Disputes with the non-Federal sponsor concerning design 

activities shall be resolved under the specific dispute resolution 

procedures of the design agreement.

    (c) All other unresolved issues with the non-Federal sponsor and 

disputes with the State associated with the implementation of the Plan 

shall be resolved according to the terms of the Dispute Resolution 

Agreement executed on September 9, 2002 pursuant to section 601(i) of 

WRDA 2000.

    (d) For disputes with parties not covered by the provisions of 

paragraphs (a), (b), or (c) of this section, the Corps of Engineers 

shall attempt to resolve the dispute in accordance with applicable 

statutory requirements and/or the following procedures:

    (1) The parties will attempt to resolve disputes at the lowest 

organizational level before seeking to elevate a dispute.

    (2) Any disputed matter shall first be elevated to the District 

Engineer and the equivalent official of the other agency, or their 

designees. The parties may decide to continue to elevate the dispute to 

higher levels within each agency.

    (3) The parties to a dispute may agree to participate in mediation.

    (4) When a dispute is resolved the parties shall memorialize the 

resolution in writing.