[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR385.1]

[Page 613-614]
 
                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 
 
                      Subpart A_General Provisions
 
Sec.  385.1  Purpose of the programmatic regulations.


    (a) The programmatic regulations of this part implement the 
provisions of section 601(h)(3) of the Water Resources Development Act 
of 2000, Public Law 106-541, 114 Stat. 2688 (hereinafter ``WRDA 2000''), 
which was enacted on December 11, 2000.
    (b) The purpose of the programmatic regulations of this part is to 
ensure that the goals and purposes of the Comprehensive Everglades 
Restoration Plan (the Plan) are achieved and to establish the processes 
necessary for implementing the Plan. Some of these processes are project 
specific, including, but not limited to, development of Project 
Implementation Reports, Project Cooperation Agreements, plans and 
specifications, Pilot Project Technical Data Reports, and Operating 
Manuals. Other processes are of more general applicability, including, 
but not limited to, development of program-wide guidance memoranda, 
interim goals, interim targets, and the Master Implementation Sequencing 
Plan. Taken together, these processes will ensure that the restoration 
purposes and other goals of the Plan are achieved. The regulations of 
this part

[[Page 614]]

also describe the relationship among the various entities responsible 
for implementation of the Plan.
    (c) Section 601(h) of WRDA 2000 establishes an integrated framework 
for assuring that the goals and purposes of the Plan are achieved. This 
framework includes tools for planning, implementation, and evaluation; a 
process for developing these tools in an open public process, with input 
from other Federal, State, and local agencies; and an enforcement 
mechanism to ensure that the requirements of the statute are carried 
out.
    (1) Tools. (i) The specific planning tool established by section 
601(h) is the Project Implementation Report.
    (ii) The specific implementation tools established by section 601(h) 
are Project Cooperation Agreements and Operating Manuals.
    (iii) The specific evaluation tool established by section 601(h) is 
the interim goals for evaluating the restoration success of the Plan.
    (iv) In addition to the specific planning, implementation, and 
evaluation tools established by section 601(h), the regulations of this 
part establish additional tools, including but not limited to, Project 
Management Plans, Program Management Plans, Comprehensive Plan 
Modification Reports, the Master Implementation Sequencing Plan, and 
interim targets for evaluating progress towards achieving the other 
water related needs of the region.
    (2) Processes. The regulations of this part establish the processes 
for developing these tools. Consistent with section 601(h), these 
regulations have been developed, after notice and opportunity for public 
content, 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, the Florida 
Department of Environmental Protection, and other Federal, State, and 
local agencies.
    (3) Enforcement mechanism. The specific enforcement mechanism 
established by Section 601(h) is the ``Comprehensive Everglades 
Restoration Plan Assurance of Project Benefits Agreement,'' dated 
January 9, 2002, between the President and the Governor, under which the 
State shall ensure, by regulation or other appropriate means, that water 
made available by each project in the Plan shall not be permitted for a 
consumptive use or otherwise made unavailable by the State until such 
time as sufficient reservations of water for the restoration of the 
natural system are made under State law in accordance with the project 
implementation report and consistent with the Plan.
    (4) Public information. The Secretary of the Army shall ensure that 
the public understands the linkage between the processes, tools, and 
enforcement mechanism and can monitor the effectiveness of this 
integrated framework in assuring that the goals and purposes of the Plan 
are achieved, as provided for in the regulations of this part, by:
    (i) Providing for public notice and comment in the development of 
planning, implementation, and evaluation tools;
    (ii) Providing notice of final action on planning, evaluation, and 
implementation tools;
    (iii) Making available to the public on a web site or by other 
appropriate means final, and where appropriate draft, copies of all 
planning, evaluation, and implementation tools; and
    (iv) Explaining through the regulations of this part and by other 
appropriate means the process for developing the tools, the linkage 
between the process, tools, and enforcement mechanism, and the means by 
which these elements constitute an integrated framework for assuring 
that the goals and purposes of the Plan are achieved.