[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: 33CFR385.20]

[Page 630-632]
 
                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.  385.20  Restoration Coordination and Verification (RECOVER).

    (a) RECOVER (Restoration Coordination and Verification) is an 
interagency and interdisciplinary scientific and technical team 
described in the ``Final Integrated Feasibility Report and Programmatic 
Environmental Impact Statement,'' dated April 1, 1999. RECOVER was 
established by the Corps of Engineers and the South Florida Water 
Management District to conduct assessment, evaluation, and planning and 
integration activities using the best available science that support 
implementation of the Plan with the overall goal of ensuring that the 
goals and purposes of the Plan are achieved. RECOVER has been organized 
into a Leadership Group that provides management and coordination for 
the activities of RECOVER and teams that accomplish activities such as: 
developing system-wide performance measures; developing and implementing 
the monitoring and assessment program; evaluating alternatives developed 
by Project Delivery Teams to achieve the goals and purposes of the Plan; 
conducting system-wide water quality analyses; developing, refining, and 
applying system-wide models and tools; and evaluating modifications to 
the Plan. RECOVER is not a policy making body, but has technical and 
scientific responsibilities that support implementation of the Plan.
    (b) Documents or work products prepared or developed by RECOVER 
shall not be self-executing, but shall be provided as information for 
consideration by the Corps of Engineers and the South Florida Water 
Management District, 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. Technical information 
developed by RECOVER shall be available to the public.
    (c) The Corps of Engineers and the South Florida Water Management 
District shall encourage the participation

[[Page 631]]

of other Federal, State, and local agencies and the Miccosukee Tribe of 
Indians of Florida and the Seminole Tribe of Florida on RECOVER, to use 
their expertise, to ensure that information developed by RECOVER is 
shared at the earliest possible time with agencies, tribes, and the 
public, and to ensure that matters of concern are addressed as early as 
possible. The Corps of Engineers and the South Florida Water Management 
District recognize the special role of the National Oceanic and 
Atmospheric Administration of the Department of Commerce, the Florida 
Fish and Wildlife Conservation Commission, the Department of the 
Interior and the Florida Fish and Wildlife Conservation Commission as 
stewards of the natural system and for their technical and scientific 
activities in support of restoration. The Corps of Engineers and the 
South Florida Water Management District recognize the special role of 
the Environmental Protection Agency and the Florida Department of 
Environmental Protection in water quality issues. Accordingly, the Corps 
of Engineers and the South Florida Water Management District have used 
and will continue to use the Department of the Interior, the Department 
of Commerce, the Florida Fish and Wildlife Conservation Commission, the 
Environmental Protection Agency, and the Florida Department of 
Environmental Protection as co-chairs along with the Corps of Engineers 
and the South Florida Water Management District on the appropriate 
technical teams that have been established to date as part of RECOVER.
    (1) In general, participation on RECOVER shall be the financial 
responsibility of the participating agency or tribe.
    (2) Participation by an agency or tribe on RECOVER shall not be 
considered or construed to be a substitute for consultation, 
coordination, or other activities required by applicable law, policy, or 
regulation.
    (d) The Corps of Engineers and the South Florida Water Management 
District shall:
    (1) Assign program managers from the Corps of Engineers and the 
South Florida Water Management District to be responsible for carrying 
out the activities of RECOVER; and
    (2) Establish a RECOVER Leadership Group to assist the program 
managers in coordinating and managing the activities of RECOVER, 
including the establishment of sub-teams or other entities, and in 
reporting on the activities of RECOVER. In addition to the program 
managers, the RECOVER Leadership Group shall, consist of one member 
appointed by each of the following:
    (i) Environmental Protection Agency;
    (ii) National Oceanic and Atmospheric Administration;
    (iii) U.S. Fish and Wildlife Service;
    (iv) U.S. Geological Survey;
    (v) National Park Service;
    (vi) Miccosukee Tribe of Indians of Florida;
    (vii) Seminole Tribe of Florida;
    (viii) Florida Department of Agriculture and Consumer Services;
    (ix) Florida Department of Environmental Protection; and
    (x) Florida Fish and Wildlife Conservation Commission.
    (3) As necessary to assist the program managers, the Corps of 
Engineers and the South Florida Water Management District may add 
additional members to the RECOVER Leadership Group.
    (e) RECOVER shall perform assessment, evaluation, and planning and 
integration activities as described in this paragraph.
    (1) Assessment activities. In accordance with Sec.  385.31, RECOVER 
shall conduct credible scientific assessments of hydrological, water 
quality, biological, ecological, water supply, and other responses to 
the Plan. The Corps of Engineers and the South Florida Water Management 
District will ensure that these assessments incorporate the best 
available science and that the results are provided for external peer 
review, as appropriate, and are made fully available for public review 
and comment. RECOVER shall conduct assessment activities, including, but 
not limited to:
    (i) Developing proposed assessment performance measures for 
assessing progress towards the goals and purposes of the Plan;

[[Page 632]]

    (ii) Developing a proposed monitoring plan to support the adaptive 
management program;
    (iii) Conducting monitoring and assessment activities as part of the 
adaptive management program to assess the actual performance of the 
Plan;
    (iv) Developing recommendations for interim goals in accordance with 
Sec.  385.38;
    (v) Assessing progress towards achieving the interim goals 
established pursuant to Sec.  385.38;
    (vi) Developing recommendations for interim targets in accordance 
with Sec.  385.39;
    (vii) Assessing progress towards achieving the interim targets 
established pursuant to Sec.  385.39; and
    (viii) Cooperating with the independent scientific review panel and 
external peer review in accordance with Sec.  385.22.
    (2) Evaluation activities. In accordance with Sec.  385.26(c) and 
Sec.  385.32, RECOVER shall assist Project Delivery Teams in ensuring 
that project design and performance is fully linked to the goals and 
purposes of the Plan and incorporating, as appropriate, information 
developed for Project Implementation Reports into the Plan. RECOVER 
shall conduct evaluation activities, including, but not limited to:
    (i) Developing proposed evaluation performance measures for 
evaluating alternative plans developed for the Project Implementation 
Report;
    (ii) Conducting evaluations of alternative plans developed for 
Project Implementation Reports and Comprehensive Plan Modification 
Reports; and
    (iii) Supporting development and refinement of predictive models and 
tools used in the evaluation of alternate plans developed by the Project 
Delivery Teams.
    (3) Planning and integration activities. RECOVER shall conduct 
planning and integration activities, in accordance with Sec.  385.31, in 
support of the adaptive management program as a basis for identifying 
opportunities for improving the performance of the Plan and other 
appropriate planning and integration activities associated with 
implementation of the Plan. RECOVER shall conduct planning and 
integration activities, including, but not limited to:
    (i) Developing and refining conceptual and predictive models and 
tools in support of the integration of new science into the adaptive 
management program;
    (ii) Reviewing and synthesizing new information and science that 
could have an effect on the Plan;
    (iii) Developing proposed refinements and improvements in the design 
or operation of the Plan during all phases of implementation;
    (iv) Preparing technical information to be used in the development 
of the periodic reports to Congress prepared pursuant to Sec.  385.40; 
and
    (v) Analyzing proposed revisions to the Master Implementation 
Sequencing Plan.
    (f) In carrying out the functions described in this section, RECOVER 
shall consider the effects of activities and projects that are not part 
of the Plan, but which could affect the ability of the Plan to achieve 
its goals and purposes.
    (g) As appropriate, the Corps of Engineers and the South Florida 
Water Management District shall seek external peer review of RECOVER 
activities in accordance with Sec.  385.22(b).