[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: 33CFR385.32]



[Page 645-647]

 

                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.  385.32  Comprehensive Plan Modification Report



    Whenever 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 Seminole Tribe of Florida, the Miccosukee Tribe of Indians 

of Florida, the Florida Department of Environmental Protection, and



[[Page 646]]



other Federal, State, and local agencies, determine that changes to the 

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

achieved or that they are achieved cost-effectively, or to ensure that 

each project of the Plan is justified on a next-added increment basis, 

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, prepare a Comprehensive Plan Modification 

Report using a process that is consistent with the provisions of Sec.  

385.10, Sec.  385.14, Sec.  385.18, and Sec.  385.19. 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 Comprehensive Plan Modification Report.

    (a) General requirements. The Comprehensive Plan Modification Report 

shall:

    (1) Be initiated at the discretion of 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 Seminole Tribe of Florida, the Miccosukee 

Tribe of Indians of Florida, the Florida Department of Environmental 

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

consideration of the assessment report prepared in accordance with Sec.  

385.31(b), requests from the Department of the Interior or the State, or 

other appropriate information;

    (2) Comply with all applicable Federal and State laws, including the 

National Environmental Policy Act, the Endangered Species Act, the Fish 

and Wildlife Coordination Act, the National Historic Preservation Act, 

the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act, the 

Coastal Zone Management Act, the Marine Mammal Protection Act, and any 

other applicable law;

    (3) Contain information such as: Plan formulation and evaluation, 

engineering and design, estimated benefits and costs, and environmental 

effects,;

    (4) Include appropriate analyses of alternatives evaluated by 

RECOVER;

    (5) Include updated water budget information for the Plan, including 

the total quantity of water that is expected to be generated by 

implementation of the Plan, and 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;

    (6) Contain appropriate NEPA documentation to supplement the 

Programmatic Environmental Impact Statement included in the ``Final 

Integrated Feasibility Report and Programmatic Environmental Impact 

Statement,'' dated April 1, 1999; and

    (7) Include coordination with the U.S. Fish and Wildlife Service, 

the National Marine Fisheries Service, the Florida Fish and Wildlife 

Coordination Commission, and other appropriate agencies in the 

preparation of the Comprehensive Plan Modification Report, as required 

by applicable law.

    (b) Review and approval of Comprehensive Plan Modification Report. 

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

District shall provide opportunities for the public to review and 

comment on the draft Comprehensive Plan Modification Report and NEPA 

document, in accordance with Sec.  385.18 and applicable law and Corps 

of Engineers policy.

    (2) The Comprehensive Plan Modification Report shall contain an 

appropriate letter of intent from the South Florida Water Management 

District indicating concurrence with the recommendations of the 

Comprehensive Plan Modification Report.

    (3) Upon the completion of the Comprehensive Plan Modification 

Report and NEPA document, the District Engineer shall submit the report 

and NEPA document to the Division Engineer.

    (4) Upon receipt and approval of the Comprehensive Plan Modification 

Report, the Division Engineer shall issue a public notice announcing 

completion



[[Page 647]]



of the Comprehensive Plan Modification Report based upon:

    (i) The Division Engineer's endorsement of the findings and 

recommendations of the District Engineer; and

    (ii) The Division Engineer's assessment that the report has been 

prepared in accordance with current law and policy. The notice shall 

indicate that the report has been submitted to Corps of Engineers 

Headquarters for review.

    (5) Headquarters, U.S. Army Corps of Engineers shall conduct a 

review in accordance with applicable policies and regulations of the 

Corps of Engineers. Headquarters, U.S. Army Corps of Engineers shall 

administer the 30-day state and agency review of the Comprehensive Plan 

Modification Report, and, as appropriate, file the Environmental Impact 

Statement with the Environmental Protection Agency.

    (6) After completion of the policy review and other requirements of 

law and policy, the Chief of Engineers shall submit the Comprehensive 

Plan Modification Report and the Chief of Engineers' recommendations to 

the Assistant Secretary of the Army for Civil Works.

    (7) The Assistant Secretary of the Army for Civil Works shall review 

the Comprehensive Plan Modification Report and shall, prior to 

submitting the Assistant Secretary's recommendations to Congress, 

coordinate the proposed recommendations with the Office of Management 

and Budget.

    (c) Minor changes to the Plan. The Plan requires a process for 

adaptive management and incorporation of new information. As a result of 

this process, minor adjustments in the Plan may be made through Project 

Implementation Reports. It is not the intent of this section to require 

a continual cycle of report writing for minor changes. Instead, the 

intent of this section is to develop a Comprehensive Plan Modification 

Report for changes to the Plan that would require a supplement to the 

programmatic Environmental Impact Statement. The Corps of Engineers and 

the South Florida Water Management District may, in their discretion, 

elect to prepare a Comprehensive Plan Modification Report for other 

changes.