[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: 33CFR385.32]

[Page 645-647]
 
                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.  385.32  Comprehensive Plan Modification Report

    Whenever 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 Seminole Tribe of Florida, the Miccosukee Tribe of Indians 
of Florida, the Florida Department of Environmental Protection, and

[[Page 646]]

other Federal, State, and local agencies, determine that changes to the 
Plan are necessary to ensure that the goals and purposes of the Plan are 
achieved or that they are achieved cost-effectively, or to ensure that 
each project of the Plan is justified on a next-added increment basis, 
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, prepare a Comprehensive Plan Modification 
Report using a process that is consistent with the provisions of Sec.  
385.10, Sec.  385.14, Sec.  385.18, and Sec.  385.19. The Corps of 
Engineers and the South Florida Water Management District shall also 
consult with the South Florida Ecosystem Restoration Task Force in 
preparing the Comprehensive Plan Modification Report.
    (a) General requirements. The Comprehensive Plan Modification Report 
shall:
    (1) Be initiated at the discretion of 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 Seminole Tribe of Florida, the Miccosukee 
Tribe of Indians of Florida, the Florida Department of Environmental 
Protection, and other Federal, State, and local agencies, after 
consideration of the assessment report prepared in accordance with Sec.  
385.31(b), requests from the Department of the Interior or the State, or 
other appropriate information;
    (2) Comply with all applicable Federal and State laws, including the 
National Environmental Policy Act, the Endangered Species Act, the Fish 
and Wildlife Coordination Act, the National Historic Preservation Act, 
the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act, the 
Coastal Zone Management Act, the Marine Mammal Protection Act, and any 
other applicable law;
    (3) Contain information such as: Plan formulation and evaluation, 
engineering and design, estimated benefits and costs, and environmental 
effects,;
    (4) Include appropriate analyses of alternatives evaluated by 
RECOVER;
    (5) Include updated water budget information for the Plan, including 
the total quantity of water that is expected to be generated by 
implementation of the Plan, and 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;
    (6) Contain appropriate NEPA documentation to supplement the 
Programmatic Environmental Impact Statement included in the ``Final 
Integrated Feasibility Report and Programmatic Environmental Impact 
Statement,'' dated April 1, 1999; and
    (7) Include coordination with the U.S. Fish and Wildlife Service, 
the National Marine Fisheries Service, the Florida Fish and Wildlife 
Coordination Commission, and other appropriate agencies in the 
preparation of the Comprehensive Plan Modification Report, as required 
by applicable law.
    (b) Review and approval of Comprehensive Plan Modification Report. 
(1) The Corps of Engineers and the South Florida Water Management 
District shall provide opportunities for the public to review and 
comment on the draft Comprehensive Plan Modification Report and NEPA 
document, in accordance with Sec.  385.18 and applicable law and Corps 
of Engineers policy.
    (2) The Comprehensive Plan Modification Report shall contain an 
appropriate letter of intent from the South Florida Water Management 
District indicating concurrence with the recommendations of the 
Comprehensive Plan Modification Report.
    (3) Upon the completion of the Comprehensive Plan Modification 
Report and NEPA document, the District Engineer shall submit the report 
and NEPA document to the Division Engineer.
    (4) Upon receipt and approval of the Comprehensive Plan Modification 
Report, the Division Engineer shall issue a public notice announcing 
completion

[[Page 647]]

of the Comprehensive Plan Modification Report based upon:
    (i) The Division Engineer's endorsement of the findings and 
recommendations of the District Engineer; and
    (ii) The Division Engineer's assessment that the report has been 
prepared in accordance with current law and policy. The notice shall 
indicate that the report has been submitted to Corps of Engineers 
Headquarters for review.
    (5) Headquarters, U.S. Army Corps of Engineers shall conduct a 
review in accordance with applicable policies and regulations of the 
Corps of Engineers. Headquarters, U.S. Army Corps of Engineers shall 
administer the 30-day state and agency review of the Comprehensive Plan 
Modification Report, and, as appropriate, file the Environmental Impact 
Statement with the Environmental Protection Agency.
    (6) After completion of the policy review and other requirements of 
law and policy, the Chief of Engineers shall submit the Comprehensive 
Plan Modification Report and the Chief of Engineers' recommendations to 
the Assistant Secretary of the Army for Civil Works.
    (7) The Assistant Secretary of the Army for Civil Works shall review 
the Comprehensive Plan Modification Report and shall, prior to 
submitting the Assistant Secretary's recommendations to Congress, 
coordinate the proposed recommendations with the Office of Management 
and Budget.
    (c) Minor changes to the Plan. The Plan requires a process for 
adaptive management and incorporation of new information. As a result of 
this process, minor adjustments in the Plan may be made through Project 
Implementation Reports. It is not the intent of this section to require 
a continual cycle of report writing for minor changes. Instead, the 
intent of this section is to develop a Comprehensive Plan Modification 
Report for changes to the Plan that would require a supplement to the 
programmatic Environmental Impact Statement. The Corps of Engineers and 
the South Florida Water Management District may, in their discretion, 
elect to prepare a Comprehensive Plan Modification Report for other 
changes.