[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: 33CFR385.6]



[Page 621-622]

 

                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 A_General Provisions

 

Sec.  385.6  Review of programmatic regulations.



    (a) The Secretary of the Army shall review, and if necessary revise, 

the regulations of this part at least every five years. In addition, the 

Secretary of the Army may review and revise the regulations of this part 

whenever the Secretary believes that such review and revision is 

necessary to attain the goals and purposes of the Plan. The



[[Page 622]]



Secretary of the Army shall place appropriate notice in the Federal 

Register upon initiating review of the regulations of this part.

    (b) Upon completing the review of the regulations of this part, the 

Secretary shall promulgate any revisions to the regulations after notice 

and opportunity for public comment in accordance with applicable law, 

with the concurrence of the Secretary of the Interior and the Governor, 

and in consultation with the Seminole Tribe of Florida, the Miccosukee 

Tribe of Indians of Florida, the Administrator of the Environmental 

Protection Agency, the Secretary of Commerce, and other Federal, State, 

and local agencies.

    (c) Within 180 days after being provided with the final revisions to 

the programmatic regulations of this part, or such shorter period that 

the Secretary of the Interior and Governor may agree to, the Secretary 

of the Interior and the Governor shall provide the Secretary of the Army 

with a written statement of concurrence or non-concurrence with the 

revisions. A failure to provide a written statement of concurrence or 

non-concurrence within such time frame shall be deemed as meeting the 

concurrency process of paragraph (b) of this section. A copy of any 

concurrency or nonconcurrency statements shall be made a part of the 

administrative record and referenced in the final revised programmatic 

regulations. Any non-concurrency statement shall specifically detail the 

reason or reasons for the non-concurrence.