[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: 33CFR385.40]

[Page 655-658]
 
                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 E_Ensuring Protection of the Natural System and Water 
     Availability Consistent With the Goals and Purpose of the Plan
 
Sec.  385.40  Reports to Congress.

    (a) Beginning on October 1, 2005 and periodically thereafter until 
October 1, 2036, the Secretary of the Army and the Secretary of the 
Interior shall jointly

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submit to Congress a report on the implementation of the Plan as 
required by section 601(l) of WRDA 2000. Such reports shall be completed 
not less often than every five years.
    (b) This report shall be prepared in consultation with 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, the South Florida 
Water Management District, and other Federal, State, and local agencies 
and the South Florida Ecosystem Restoration Task Force.
    (c) Such reports shall include a description of planning, design, 
and construction work completed, the amount of funds expended during the 
period covered by the report, including a detailed analysis of the funds 
expended for adaptive management, and the work anticipated over the next 
five-year period and updated estimates of total cost of the Plan and 
individual component costs and an explanation of any changes from the 
initial estimates contained in the ``Final Integrated Feasibility Report 
and Programmatic Environmental Impact Statement,'' dated April 1, 1999.
    (d) In addition, each report shall include:
    (1) The determination of each Secretary, and the Administrator of 
the Environmental Protection Agency, concerning the benefits to the 
natural system and the human environment achieved as of the date of the 
report and whether the completed projects of the Plan are being operated 
in a manner that is consistent with the requirements of section 601(h) 
of WRDA 2000;
    (2) Progress towards the interim goals established in accordance 
with Sec.  385.38 for assessing progress towards achieving the benefits 
to the natural system;
    (3) Progress towards interim targets for other water-related needs 
of the region provided for in the Plan established pursuant Sec.  385.39 
for assessing progress towards achieving the benefits to the human 
environment; and
    (4) A review of the activities performed by the Secretary pursuant 
to section 601(k) of WRDA 2000 and Sec.  385.18 and Sec.  385.19 as they 
relate to socially and economically disadvantaged individuals and 
individuals with limited English proficiency.
    (e) The discussion on interim goals in the periodic reports shall 
include:
    (1) A discussion of the performance that was projected to be 
achieved in the last periodic report to Congress;
    (2) A discussion of the steps taken to achieve the interim goals 
since the last periodic Report to Congress and the actual performance of 
the Plan during this period;
    (3) If performance did not meet the interim goals, a discussion of 
the reasons for such shortfall;
    (4) Recommendations for improving performance; and
    (5) The interim goals to be achieved in the next five years, 
including any revisions to the interim goals, reflecting the work to be 
accomplished during the next five years, along with a discussion of 
steps to be undertaken to achieve the interim goals.
    (f) The discussion on interim targets in the periodic reports shall 
include:
    (1) A discussion of the expected and actual performance of the Plan 
in achieving interim targets since the last periodic Report to Congress, 
including the reasons for any deviations from expected performance; and
    (2) A discussion of the interim targets expected to be achieved 
during the next five years, including specific activities to achieve 
them and any recommendations for improving performance.
    (g) In preparing the report to Congress required pursuant to this 
section, the Corps of Engineers and the Department of the Interior shall 
provide an opportunity for public review and comment, in accordance with 
Sec.  385.18.

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            Appendix A to Part 385--Illustrations to Part 385
[GRAPHIC] [TIFF OMITTED] TR12NO03.000


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[GRAPHIC] [TIFF OMITTED] TR12NO03.001


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