[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: 33CFR385.14]

[Page 627-628]
 
                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.  385.14  Incorporation of NEPA and related considerations into the 

implementation process.

    (a) General. (1) In implementing the Plan, the Corps of Engineers 
shall comply with the requirements of NEPA (42 U.S.C. 4371, et seq.) and 
applicable implementing regulations, including determining whether a 
specific action, when considered individually and cumulatively, will 
have a significant impact on the human environment.
    (2) As appropriate, other agencies shall be invited to be 
cooperating agencies in the preparation of NEPA documentation pursuant 
to Sec.  230.16 of this chapter.
    (3) The District Engineer is the NEPA official responsible for 
compliance with NEPA for actions conducted to implement the Plan. Unless 
otherwise provided for by this part, NEPA coordination for 
implementation of the plan shall follow the NEPA procedures established 
in part 230 of this chapter.
    (b) Actions normally requiring an Environmental Impact Statement 
(EIS). (1) In addition to the actions listed in Sec.  230.6 of this 
chapter, actions normally requiring an EIS are:
    (i) Comprehensive Plan Modification Reports;
    (ii) System Operating Manual or significant changes to the System 
Operating Manual;
    (iii) Project Implementation Reports, including the draft Project 
Operating Manual when included in the Project Implementation Report;
    (iv) Pilot Project Design Reports, including the detailed 
operational testing and monitoring plan; and
    (v) Project Operating Manuals for any project where a Project 
Implementation Report is not prepared, or significant changes to Project 
Operating Manuals.
    (2) The District Engineer may consider the use of an environmental 
assessment (EA) on the types of actions described in this paragraph if 
early studies and coordination show that a particular action, considered 
individually and cumulatively, is not likely to have a significant 
impact on the quality of the human environment.
    (c) Actions normally requiring an EA, but not necessarily an EIS. In 
addition to the actions listed in Sec.  230.7 of this chapter, actions 
normally requiring an EA, but not necessarily an EIS, are modifications 
to Project Operating Manuals or the System Operating Manual, that do not 
provide for significant change in operation and/or maintenance.
    (d) Categorical exclusions. In addition to the activities listed in 
Sec.  230.9 of this chapter, the following actions do not require 
separate NEPA documentation, either because, when considered 
individually and cumulatively, they do not have significant effects on 
the quality of the human environment or because any such effects will 
already have been considered in NEPA documentation prepared in 
accordance with paragraphs (b) and (c) of this section. However, the 
District Engineer should be alert for extraordinary circumstances that 
may dictate the need to prepare an EA or an EIS. Even though an EA or 
EIS is not indicated for a Federal action because of a ``categorical 
exclusion,'' that fact does not exempt the action from compliance with 
any other applicable Federal, State, or Tribal law, including but not 
limited to, the Endangered Species Act, the Fish and Wildlife 
Coordination Act, the National Historic Preservation Act, the Clean 
Water Act, Clean Air Act, the Coastal Zone Management Act, and the 
Marine Mammal Protection Act.
    (1) Project Cooperation Agreements;
    (2) Project Management Plans;
    (3) Program Management Plans;
    (4) Plans and specifications for projects;
    (5) Pilot Project Technical Data Reports;

[[Page 628]]

    (6) Assessment reports prepared for the adaptive management program;
    (7) Interim goals and interim targets;
    (8) Development or revision of guidance memoranda or methods such as 
adaptive management, monitoring, plan formulation and evaluation, 
quantification of water needed for the natural system or protection of 
existing uses, methods of determining levels of flood protection, and 
similar guidance memoranda or methods; and
    (9) Deviations from Operating Manuals for emergencies and unplanned 
minor deviations when, considered individually and cumulatively, they do 
not have significant effects on the quality of the human environment, as 
described in applicable Corps of Engineers regulations, including Sec.  
222.5(f)(4) and Sec.  222.5(i)(5) of this chapter, and Engineer 
Regulation ER 1110-2-8156 ``Preparation of Water Control Manuals.''