[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: 33CFR385.31]

[Page 643-645]
 
                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 D_Incorporating New Information Into the Plan
 
Sec.  385.31  Adaptive management program.

    (a) General. The Corps of Engineers and the South Florida Water 
Management District shall, in consultation with the Department of the 
Interior, the Environmental Protection Agency, the Department of 
Commerce, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians 
of Florida, the Florida Department of Environmental Protection, and 
other Federal, State, and local agencies, establish an adaptive 
management program to assess responses of the South Florida ecosystem to 
implementation of the Plan; to determine whether or not these responses 
match expectations, including the achievement of the expected 
performance level of the Plan, the interim goals established pursuant to 
Sec.  385.38, and the interim targets established pursuant Sec.  385.39; 
to determine if the Plan, system or project operations, or the sequence 
and schedule of projects should be modified to achieve the goals and 
purposes of the Plan, or to increase net benefits, or to improve cost 
effectiveness; and to seek continuous improvement of the Plan based upon 
new information resulting

[[Page 644]]

from changed or unforeseen circumstances, new scientific and technical 
information, new or updated modeling; information developed through the 
assessment principles contained in the Plan; and future authorized 
changes to the Plan integrated into the implementation of the Plan. 
Endorsement of the Plan as a restoration framework is not intended as an 
artificial constraint on innovation in its implementation.
    (b) Assessment activities. (1) RECOVER shall develop an assessment 
program to assess responses of the system to implementation of the Plan. 
The Corps of Engineers and the South Florida Water Management District 
shall develop a guidance memorandum in accordance with Sec.  385.5 for 
approval by the Secretary of the Army, with the concurrence of the 
Secretary of the Interior and the Governor, that describes the processes 
to be used to conduct these assessments.
    (2) RECOVER shall develop a monitoring program that is designed to 
measure status and trends towards achieving the goals and purposes of 
the Plan throughout the South Florida ecosystem.
    (3) RECOVER shall conduct monitoring activities and use the 
information collected and analyzed through the monitoring program as a 
basis for conducting assessment tasks, which may include, but are not 
limited to, the following:
    (i) Determining if measured responses are desirable and are 
achieving the interim goals and the interim targets or the expected 
performance level of the Plan;
    (ii) Evaluating if corrective actions to improve performance or 
improve cost-effectiveness should be considered; and
    (iii) Preparing reports on the monitoring program.
    (4) Whenever it is deemed necessary, but at least every five years, 
RECOVER shall prepare a technical report that presents an assessment of 
whether the goals and purposes of the Plan are being achieved, including 
whether the interim goals and interim targets are being achieved or are 
likely to be achieved. The technical report shall be provided to the 
Corps of Engineers and the South Florida Water Management District for 
use in preparing the assessment report. The technical report prepared by 
RECOVER shall also be made available to the public.
    (i) The Corps of Engineers and the South Florida Water Management 
District shall consult with the Department of the Interior, the 
Environmental Protection Agency, the Department of Commerce, the 
Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, 
the Florida Department of Environmental Protection, and other Federal, 
State, and local agencies in the development of the assessment report. 
The Corps of Engineers and the South Florida Water Management District 
shall also consult with the South Florida Ecosystem Restoration Task 
Force in developing the assessment report.
    (ii) In accordance with Sec.  385.22(b), the draft assessment report 
shall be externally peer reviewed.
    (iii) In accordance with Sec.  385.18, Corps of Engineers and the 
South Florida Water Management District shall provide opportunities for 
the public to review and comment on the draft assessment report.
    (iv) The Corps of Engineers and the South Florida Water Management 
District shall transmit the final assessment report to the Secretary of 
the Army, the Secretary of the Interior, and the Governor.
    (v) The Secretary of the Army shall make the final assessment report 
available to the public.
    (c) Periodic CERP updates. Not later than June 14, 2004 and whenever 
necessary to ensure that the goals and purposes of the Plan are 
achieved, but not any less often than every five years, the Corps of 
Engineers and the South Florida Water Management District shall, in 
consultation with the Department of the Interior, the Environmental 
Protection Agency, the Department of Commerce, the Seminole Tribe of 
Florida, the Miccosukee Tribe of Indians of Florida, the Florida 
Department of Environmental Protection, and other Federal, State, and 
local agencies, conduct an evaluation of the Plan using new or updated 
modeling that includes the latest scientific, technical, and planning 
information.

[[Page 645]]

As part of the evaluation of the Plan, the Corps of Engineers and the 
South Florida Water Management District shall determine the total 
quantity of water that is expected to be generated by implementation of 
the Plan, including the quantity expected to be generated for the 
natural system to attain restoration goals as well as the quantity 
expected to be generated for use in the human environment. The Corps of 
Engineers and the South Florida Water Management District shall also 
consult with the South Florida Ecosystem Restoration Task Force in 
conducting the evaluation of the Plan. As appropriate, the results of 
the evaluation of the Plan may be used to initiate management actions in 
accordance with paragraph (d) of this section that are necessary to seek 
continuous improvement of the Plan based upon new information resulting 
from changed or unforeseen circumstances, new scientific and technical 
information, new or updated modeling; information developed through the 
assessment principles contained in the Plan; and future authorized 
changes to the Plan integrated into the implementation of the Plan. In 
addition, and as appropriate, the results of the evaluation of the Plan 
may be used to consider changes to the interim goals in accordance with 
Sec.  385.38 and changes to the interim targets in accordance with Sec.  
385.39.
    (d) Management actions. (1) In seeking continuous improvement of the 
Plan based upon new information resulting from changed or unforeseen 
circumstances, new scientific and technical information, new or updated 
modeling; information developed through the assessment principles 
contained in the Plan; and future authorized changes to the Plan 
integrated into the implementation of the Plan, the Corps of Engineers 
and the South Florida Water Management District and other non-Federal 
sponsors shall, in consultation with the Department of the Interior, the 
Environmental Protection Agency, the Department of Commerce, the 
Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, 
the Florida Department of Environmental Protection, and other Federal, 
State, and local agencies, use the assessment report prepared in 
accordance with paragraph (b) of this section, information resulting 
from independent scientific review and external peer review in 
accordance with Sec.  385.22, or other appropriate information including 
progress towards achievement of the interim goals established pursuant 
to Sec.  385.38 and the interim targets established pursuant to Sec.  
385.39 to determine if the activities described in paragraph (d)(2) of 
this section should be undertaken to ensure that the goals and purposes 
of the Plan are achieved. The Corps of Engineers and the South Florida 
Water Management District shall, in consultation with the Department of 
the Interior, the Environmental Protection Agency, the Department of 
Commerce, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians 
of Florida, the Florida Department of Environmental Protection, and 
other Federal, State, and local agencies, consider the following 
actions:
    (i) Modifying current operations of the Plan;
    (ii) Modifying the design or operational plan for a project of the 
Plan not yet implemented;
    (iii) Modifying the sequence or schedule for implementation of the 
Plan;
    (iv) Adding new components to the Plan or deleting components not 
yet implemented;
    (v) Removing or modifying a component of the Plan already in place; 
or
    (vi) A combination of these.
    (2) Such actions should be implemented through revisions to 
Operating Manuals in accordance with Sec.  385.28, revisions to the 
Master Implementation Sequencing Plan in accordance with Sec.  385.30, a 
Comprehensive Plan Modification Report in accordance with Sec.  385.32, 
or other appropriate mechanisms.