[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: 33CFR385.12]

[Page 626]
 
                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 C_CERP Implementation Processes
 
Sec.  385.12  Pilot projects.

    (a) The Plan includes pilot projects to address uncertainties 
associated with certain components such as aquifer storage and recovery, 
in-ground reservoir technology, seepage management, and wastewater 
reuse. The purpose of the pilot projects is to develop information 
necessary to better determine the technical feasibility of these 
components prior to development of a Project Implementation Report.
    (b) Prior to initiating activities on a pilot project, the Corps of 
Engineers and the non-Federal sponsor shall develop a Project Management 
Plan as described in Sec.  385.24.
    (c) Project Implementation Reports shall not be necessary for pilot 
projects. Prior to implementing a pilot project, the Corps of Engineers 
and the non-Federal sponsor shall prepare a Pilot Project Design Report.
    (1) The Pilot Project Design Report shall contain the technical 
information necessary to construct the pilot project including 
engineering and design, cost estimates, real estate analyses, and 
appropriate NEPA documentation.
    (2) The Pilot Project Design Report shall include a detailed 
operational testing and monitoring plan necessary to develop information 
to assist in better determining the technical feasibility of certain 
components prior to development of a Project Implementation Report.
    (3) In accordance with Sec.  385.18, the Corps of Engineers and the 
non-Federal sponsor shall provide the public with opportunities to 
review and comment on the draft Pilot Project Design Report.
    (4) The Corps of Engineers and the non-Federal sponsor shall approve 
the final Pilot Project Design Report in accordance with applicable law.
    (d) Upon completion of operational testing and monitoring, the Corps 
of Engineers and the non-Federal sponsor shall, 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, prepare a 
Pilot Project Technical Data Report, documenting the findings and 
conclusions from the operational testing and monitoring of the pilot 
project. The purpose of the Pilot Project Technical Data Report is to 
help assess the viability of technology and to assist in the development 
of the full-scale project. The Corps of Engineers and the non-Federal 
sponsor shall also consult with the South Florida Ecosystem Restoration 
Task Force in preparing the report.
    (1) In accordance with Sec.  385.22(b), the draft Pilot Project 
Technical Data Report shall be externally peer reviewed.
    (2) In accordance with Sec.  385.18, the public shall be provided 
with opportunities to review and comment on the draft Pilot Project 
Technical Data Report.
    (3) The final Pilot Project Technical Data Report shall be made 
available to the public.