[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: 33CFR385.6]

[Page 621-622]
 
                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 A_General Provisions
 
Sec.  385.6  Review of programmatic regulations.

    (a) The Secretary of the Army shall review, and if necessary revise, 
the regulations of this part at least every five years. In addition, the 
Secretary of the Army may review and revise the regulations of this part 
whenever the Secretary believes that such review and revision is 
necessary to attain the goals and purposes of the Plan. The

[[Page 622]]

Secretary of the Army shall place appropriate notice in the Federal 
Register upon initiating review of the regulations of this part.
    (b) Upon completing the review of the regulations of this part, the 
Secretary shall promulgate any revisions to the regulations after notice 
and opportunity for public comment in accordance with applicable law, 
with the concurrence of the Secretary of the Interior and the Governor, 
and in consultation with the Seminole Tribe of Florida, the Miccosukee 
Tribe of Indians of Florida, the Administrator of the Environmental 
Protection Agency, the Secretary of Commerce, and other Federal, State, 
and local agencies.
    (c) Within 180 days after being provided with the final revisions to 
the programmatic regulations of this part, or such shorter period that 
the Secretary of the Interior and Governor may agree to, the Secretary 
of the Interior and the Governor shall provide the Secretary of the Army 
with a written statement of concurrence or non-concurrence with the 
revisions. A failure to provide a written statement of concurrence or 
non-concurrence within such time frame shall be deemed as meeting the 
concurrency process of paragraph (b) of this section. A copy of any 
concurrency or nonconcurrency statements shall be made a part of the 
administrative record and referenced in the final revised programmatic 
regulations. Any non-concurrency statement shall specifically detail the 
reason or reasons for the non-concurrence.