[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: 33CFR385.30]



[Page 642-643]

 

                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 D_Incorporating New Information Into the Plan

 

Sec.  385.30  Master Implementation Sequencing Plan.





    (a) Not later than December 13, 2004 the Corps of Engineers and the 

South Florida Water Management District shall, in consultation with the 

Department of the Interior, the Environmental Protection Agency, the 

Department of Commerce, the Seminole Tribe of Florida, the Miccosukee 

Tribe of Indians of Florida, the Florida Department of Environmental 

Protection, and other Federal, State, and local agencies, develop a 

Master Implementation Sequencing Plan that includes the sequencing and 

scheduling for implementation of all of the projects of the Plan, 

including pilot projects and operational elements, based on the best 

scientific, technical, funding, contracting, and other information 

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

District shall also consult with the South Florida Ecosystem Restoration 

Task Force in preparing the Master Implementation Sequencing Plan.

    (1) Projects shall be sequenced and scheduled to maximize the 

achievement of the goals and purposes of the Plan at the earliest 

possible time and in the most cost-effective way, consistent with the 

requirement that each project be justified on a next-added increment 

basis, including the achievement of the interim goals established 

pursuant to Sec.  385.38 and the interim targets established pursuant 

Sec.  385.39, consistent with Sec.  385.36 and Sec.  385.37(b), and to 

the extent practical given funding,



[[Page 643]]



engineering, and other constraints. The sequencing and scheduling of 

projects shall be based on considering factors, including, but not 

limited to:

    (i) Technical dependencies and constraints;

    (ii) Benefits to be provided by the project;

    (iii) Availability of lands required for the project; and

    (iv) Avoiding elimination or transfers of existing legal sources of 

water until an alternate source of comparable quantity and quality is 

available, in accordance with Sec.  385.36.

    (2) The Master Implementation Sequencing Plan shall include 

appropriate discussion of the logic, constraints, and other parameters 

used in developing the sequencing and scheduling of projects.

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

South Florida Water Management District shall provide opportunities for 

the public to review and comment on the Master Implementation Sequencing 

Plan.

    (b) Whenever necessary to ensure that the goals and purposes of the 

Plan are achieved, but at least every five years, the Corps of Engineers 

and the South Florida Water Management District shall, in consultation 

with the Department of the Interior, the Environmental Protection 

Agency, the Department of Commerce, the Seminole Tribe of Florida, the 

Miccosukee Tribe of Indians of Florida, the Florida Department of 

Environmental Protection, and other Federal, State, and local agencies, 

review the Master Implementation Sequencing Plan.

    (1) The Master Implementation Sequencing Plan may be revised as 

appropriate, consistent with the goals and purposes of the Plan, and 

consistent with Sec.  385.36 and Sec.  385.37(b), to incorporate new 

information including, but not limited to:

    (i) Updated schedules from Project Management Plans;

    (ii) Information obtained from pilot projects;

    (iii) Updated funding information;

    (iv) Approved revisions to the Plan;

    (v) Congressional or other authorization or direction;

    (vi) Information resulting from the adaptive management program, 

including new information on costs and benefits; or

    (vii) Information regarding progress towards achieving the interim 

goals established pursuant to Sec.  385.38 and the interim targets 

established pursuant to Sec.  385.39.

    (2) Proposed revisions to the Master Implementation Sequencing Plan 

shall be analyzed by RECOVER for effects on achieving the goals and 

purposes of the Plan and the interim goals and targets.

    (3) The revised Master Implementation Sequencing Plan shall include 

information about the reasons for the changes to the sequencing and 

scheduling of individual projects.

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

South Florida Water Management District shall provide opportunities for 

the public to review and comment on revisions to the Master 

Implementation Sequencing Plan.