[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: 33CFR385.39]



[Page 654-655]

 

                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 E_Ensuring Protection of the Natural System and Water 

     Availability Consistent With the Goals and Purpose of the Plan

 

Sec.  385.39  Evaluating progress towards other water-related needs of 

the region provided for in the Plan.



    (a) Purpose. (1) The overarching objective of the Plan is the 

restoration, preservation, and protection of the South Florida ecosystem 

while providing for other water-related needs of the region, including 

water supply and flood protection. Progress towards providing for these 

other water-related needs shall also be evaluated.

    (2) As provided for in paragraph (c) of this section, the Secretary 

of the Army and the Governor shall establish interim targets for 

evaluating progress towards other water-related needs of the region 

provided for in the Plan throughout the implementation process. The 

interim targets and interim goals shall be consistent with each other.

    (3) The Department of the Army shall include these interim targets 

in appropriate Corps of Engineers guidance.

    (4) To ensure flexibility in implementing the Plan over the next 

several decades, and to ensure that interim targets may reflect changed 

circumstances or new information resulting from adaptive management, the 

interim targets may be modified, consistent with the processes set forth 

in paragraph (c) of this section, to reflect 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.

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

District shall sequence and schedule projects as appropriate to achieve 

the interim goals and interim targets for other water-related needs of 

the region provided for in the Plan, to the extent practical given 

funding, technical, or other constraints.

    (6) If the interim targets have not been met or are unlikely to be 

met, then the Corps of Engineers and the South Florida Water Management 

District shall determine why the interim targets have not been met or 

are unlikely to be met and either:

    (i) Initiate adaptive management actions pursuant to Sec.  385.31(d) 

to achieve the interim targets as soon as practicable, consistent with 

the purposes of the Plan and consistent with the interim goals 

established pursuant to Sec.  385.38; or

    (ii) Recommend changes to the interim targets in accordance with 

paragraph (a)(4) of this section.

    (b) Principles for developing interim targets. (1) RECOVER, using 

best available science and information, shall recommend a set of interim 

targets for evaluating progress towards other water-related needs of the 

region provided for in the Plan. These interim targets shall reflect the 

incremental accomplishment of the expected performance level of the 

Plan, and will identify improvements in quantity, quality, timing and 

distribution of water in five-year increments that begin in 2005, with 

the targets reflecting the results expected to be achieved



[[Page 655]]



by 2010 and for each five-year increment thereafter. The interim targets 

shall be developed through the use of appropriate models and tools and 

shall provide a quantitative basis for evaluating progress towards other 

water-related needs of the region provided for in the Plan during the 

period of implementation. In developing the interim targets for the 

five-year increments, RECOVER shall use the Master Implementation 

Sequencing Plan as the basis for predicting the performance at a given 

time. RECOVER may recommend additional interim targets for 

implementation of CERP in addition to those initially developed and may 

propose revisions to the initial set of interim targets as new 

information is gained through adaptive management.

    (2) In developing its recommendations for interim targets, RECOVER 

shall consider indicators including, but not limited to:

    (i) The frequency of water restrictions in the Lower East Coast 

Service Areas at each time increment;

    (ii) The frequency of water restrictions in the Lake Okeechobee 

Service Areas at each time increment;

    (iii) The frequency of meeting salt-water intrusion protection 

criteria for the Lower East Coast Service Area at each time increment; 

and

    (iv) The frequency of water shortage restrictions on lands covered 

under the Water Rights Compact Among the Seminole Tribe of Florida, the 

State of Florida, and the South Florida Water Management District at 

each time increment.

    (c) Process for establishing interim targets. (1) The 

recommendations of RECOVER shall be provided to the Corps of Engineers 

and the South Florida Water Management District. These recommendations 

shall be provided no later than June 14, 2004. The proposed interim 

targets shall be developed by the Secretary of the Army and the 

Governor, 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, and the South Florida Ecosystem Restoration 

Task Force. In considering the interim targets, the Secretary of the 

Army and the Governor, shall be provided with, and consider, the 

technical recommendations of RECOVER and any modifications to those 

recommendations by the Corps of Engineers or the South Florida Water 

Management District. The Secretary of the Army shall provide a notice of 

availability of the proposed interim targets to the public in the 

Federal Register and seek public comments. After considering comments of 

the public on the proposed interim targets, and incorporating any 

suggestions that are appropriate and consistent with the goals and 

purposes of the Plan, the Secretary of the Army and the Governor, shall 

establish the final interim targets, and the Secretary of the Army shall 

provide a notice of availability to the public in the Federal Register 

by no later than December 13, 2004, but not prior to the execution of 

the Interim Goals Agreement pursuant to Sec.  385.38. Interim targets 

are intended to facilitate inter-agency planning, monitoring, and 

assessment throughout the implementation process and are not standards 

or schedules enforceable in court.

    (2) In developing its recommendations for interim targets, RECOVER 

shall use the principles in paragraph (b) of this section.

    (3) The Secretary of the Army and the Governor shall review the 

interim targets at a minimum every five years beginning five years after 

the establishment of the interim targets to determine if they should be 

revised and to determine what those revisions should be. The public 

shall also be provided with an opportunity to comment on the proposed 

revisions. The Secretary of the Army and the Governor may also revise 

the interim targets whenever appropriate as new information becomes 

available. Any revisions to the interim targets shall be established 

consistent with the process described in this section.