[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: 33CFR385.31]



[Page 643-645]

 

                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.  385.31  Adaptive management program.



    (a) General. 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, establish an adaptive 

management program to assess responses of the South Florida ecosystem to 

implementation of the Plan; to determine whether or not these responses 

match expectations, including the achievement of the expected 

performance level of the Plan, the interim goals established pursuant to 

Sec.  385.38, and the interim targets established pursuant Sec.  385.39; 

to determine if the Plan, system or project operations, or the sequence 

and schedule of projects should be modified to achieve the goals and 

purposes of the Plan, or to increase net benefits, or to improve cost 

effectiveness; and to seek continuous improvement of the Plan based upon 

new information resulting



[[Page 644]]



from changed or unforeseen circumstances, new scientific and technical 

information, new or updated modeling; information developed through the 

assessment principles contained in the Plan; and future authorized 

changes to the Plan integrated into the implementation of the Plan. 

Endorsement of the Plan as a restoration framework is not intended as an 

artificial constraint on innovation in its implementation.

    (b) Assessment activities. (1) RECOVER shall develop an assessment 

program to assess responses of the system to implementation of the Plan. 

The Corps of Engineers and the South Florida Water Management District 

shall develop a guidance memorandum in accordance with Sec.  385.5 for 

approval by the Secretary of the Army, with the concurrence of the 

Secretary of the Interior and the Governor, that describes the processes 

to be used to conduct these assessments.

    (2) RECOVER shall develop a monitoring program that is designed to 

measure status and trends towards achieving the goals and purposes of 

the Plan throughout the South Florida ecosystem.

    (3) RECOVER shall conduct monitoring activities and use the 

information collected and analyzed through the monitoring program as a 

basis for conducting assessment tasks, which may include, but are not 

limited to, the following:

    (i) Determining if measured responses are desirable and are 

achieving the interim goals and the interim targets or the expected 

performance level of the Plan;

    (ii) Evaluating if corrective actions to improve performance or 

improve cost-effectiveness should be considered; and

    (iii) Preparing reports on the monitoring program.

    (4) Whenever it is deemed necessary, but at least every five years, 

RECOVER shall prepare a technical report that presents an assessment of 

whether the goals and purposes of the Plan are being achieved, including 

whether the interim goals and interim targets are being achieved or are 

likely to be achieved. The technical report shall be provided to the 

Corps of Engineers and the South Florida Water Management District for 

use in preparing the assessment report. The technical report prepared by 

RECOVER shall also be made available to the public.

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

District shall consult 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 in the development of the assessment report. 

The Corps of Engineers and the South Florida Water Management District 

shall also consult with the South Florida Ecosystem Restoration Task 

Force in developing the assessment report.

    (ii) In accordance with Sec.  385.22(b), the draft assessment report 

shall be externally peer reviewed.

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

South Florida Water Management District shall provide opportunities for 

the public to review and comment on the draft assessment report.

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

District shall transmit the final assessment report to the Secretary of 

the Army, the Secretary of the Interior, and the Governor.

    (v) The Secretary of the Army shall make the final assessment report 

available to the public.

    (c) Periodic CERP updates. Not later than June 14, 2004 and whenever 

necessary to ensure that the goals and purposes of the Plan are 

achieved, but not any less often than 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, conduct an evaluation of the Plan using new or updated 

modeling that includes the latest scientific, technical, and planning 

information.



[[Page 645]]



As part of the evaluation of the Plan, the Corps of Engineers and the 

South Florida Water Management District shall determine the total 

quantity of water that is expected to be generated by implementation of 

the Plan, including the quantity expected to be generated for the 

natural system to attain restoration goals as well as the quantity 

expected to be generated for use in the human environment. The Corps of 

Engineers and the South Florida Water Management District shall also 

consult with the South Florida Ecosystem Restoration Task Force in 

conducting the evaluation of the Plan. As appropriate, the results of 

the evaluation of the Plan may be used to initiate management actions in 

accordance with paragraph (d) of this section that are necessary to seek 

continuous improvement of the Plan based upon new information resulting 

from changed or unforeseen circumstances, new scientific and technical 

information, new or updated modeling; information developed through the 

assessment principles contained in the Plan; and future authorized 

changes to the Plan integrated into the implementation of the Plan. In 

addition, and as appropriate, the results of the evaluation of the Plan 

may be used to consider changes to the interim goals in accordance with 

Sec.  385.38 and changes to the interim targets in accordance with Sec.  

385.39.

    (d) Management actions. (1) In seeking continuous improvement of the 

Plan based upon new information resulting from changed or unforeseen 

circumstances, new scientific and technical information, new or updated 

modeling; information developed through the assessment principles 

contained in the Plan; and future authorized changes to the Plan 

integrated into the implementation of the Plan, the Corps of Engineers 

and the South Florida Water Management District and other non-Federal 

sponsors 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, use the assessment report prepared in 

accordance with paragraph (b) of this section, information resulting 

from independent scientific review and external peer review in 

accordance with Sec.  385.22, or other appropriate information including 

progress towards achievement of the interim goals established pursuant 

to Sec.  385.38 and the interim targets established pursuant to Sec.  

385.39 to determine if the activities described in paragraph (d)(2) of 

this section should be undertaken to ensure that the goals and purposes 

of the Plan are achieved. 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, consider the following 

actions:

    (i) Modifying current operations of the Plan;

    (ii) Modifying the design or operational plan for a project of the 

Plan not yet implemented;

    (iii) Modifying the sequence or schedule for implementation of the 

Plan;

    (iv) Adding new components to the Plan or deleting components not 

yet implemented;

    (v) Removing or modifying a component of the Plan already in place; 

or

    (vi) A combination of these.

    (2) Such actions should be implemented through revisions to 

Operating Manuals in accordance with Sec.  385.28, revisions to the 

Master Implementation Sequencing Plan in accordance with Sec.  385.30, a 

Comprehensive Plan Modification Report in accordance with Sec.  385.32, 

or other appropriate mechanisms.