{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 385 sorted by section_id", "rows": [["14:14:4.0.1.5.67.1.24.1", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.1 Definitions.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984, as amended by Amdt. 1-261, 59 FR 10061, Mar. 3, 1994; 60 FR 66726, Dec. 26, 1995; Doc. No. OST-96-1268, 61 FR 19167, May 1, 1996; Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]", "Petition for review  means a petition asking the appropriate Reviewing Official to exercise his or her discretionary right of review of staff action.\n\nPrecedent  means applicable judicial decisions and decisions by the Department, or by its predecessor where consistent with Department policy.\n\nReviewing Official  means the Assistant Secretary for Aviation and International Affairs, the General Counsel, or the Director of the Bureau of Transportation Statistics, as appropriate to the subject matter under review, but not with regard to General Counsel and Administrative Law Judge decisions made under this part.\n\nStaff action  means the exercise of a function under Subparts I, II and IV of Subtitle VII of Title 49 of the United States Code (Transportation) by a staff member pursuant to assignment under this part.\n\nStaff members  means officers and employees of the Department who are assigned authority under this part."], ["14:14:4.0.1.5.67.1.24.2", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.2 Applicability.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984, as amended at 60 FR 66726, Dec. 26, 1995; Doc. No. OST-96-1268, 61 FR 19167, May 1, 1996; Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]", "This part describes the organization of the Department insofar as, pursuant to authority conferred on it by section 40113 of 49 U.S.C. Subtitle VII, the Department has adopted rules herein or elsewhere which make continuing assignments of authority with respect to any of its functions of making orders or other determinations, many of which are not required to be made on an evidentiary record upon notice and hearing or which are not the subject of contest, and Department personnel have been assigned to perform such functions. Delegations by the Secretary of Transportation to Secretarial Officers of functions under Subparts I, II, and IV of 49 U.S.C. Subtitle VII appear in 49 CFR part 1. This part also sets forth the procedures governing discretionary review by the appropriate Reviewing Official of action taken under such assignments. Nothing in this part shall be construed as precluding the Department from issuing, by appropriate order, temporary delegations of authority with respect to any functions described in this part or with respect to any other functions which can be lawfully delegated."], ["14:14:4.0.1.5.67.1.24.3", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.3 Scope of staff action.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985]", "Applications for relief which, pursuant to this part, may be granted by staff members under assigned authority, and proceedings on such requests shall be governed by applicable rules in the same manner as if no assignment had been made (see \u00a7 385.5). In such proceedings, each staff member may determine any procedural matters which may arise, including, inter alia, service of documents on additional persons; filing of otherwise unauthorized documents; waivers of procedural requirements; requests for hearing; requests for additional information; dismissal of applications upon the applicant's request, moot applications, or incomplete or otherwise defective applications; and extensions of time. Such determinations, except those which would terminate the matter, shall be subject to review only in connection with review of the staff member's decision on the merits. The dismissal of incomplete or otherwise defective applications under authority set forth in this part shall be without prejudice except where under otherwise applicable law the time for making application has run out or where the defect is not corrected within a reasonable time fixed by the staff member. Under the authority assigned to the staff as set forth in this part to approve, disapprove, grant, or deny, relief may be granted or denied in part and grants may be made subject to lawful and reasonable conditions. Moreover, where applicable, the authority to grant relief also includes authority to renew or extend an existing authorization."], ["14:14:4.0.1.5.67.1.24.4", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.4 Form of staff action.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985]", "Unless otherwise specified, staff action shall be by order or informal writing (letters, telegrams, decision marked on copy of application form, etc.). Such orders or informal writings shall contain a recital that action is taken pursuant to authority assigned herein, shall, in cases where there are \u201cparties or interveners,\u201d or where there may be an adverse effect upon a person with a substantial interest, contain a brief reference to the right of aggrieved parties to petition the Reviewing Official for review pursuant to applicable procedural rules, including a statement of the time within which petitions must be filed (\u00a7 385.51); shall state whether the filing of a petition shall preclude the action from becoming effective; and shall be in the name of the person exercising the assigned function. They shall contain all findings, determinations and conclusions which would be required or appropriate if they were issued by the Secretary. Upon request, the appropriate Department Official shall attest as Departmental action orders or informal writings issued pursuant to this part which have become the action of the Department (\u00a7 385.52)."], ["14:14:4.0.1.5.67.1.24.5", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.5 Procedures prescribed in other regulations.", "FAA", "", "", "", "Procedures set forth in this part do not supersede procedures applicable to matters on which decision has been assigned unless otherwise specifically provided herein:  Provided, however,  That any provisions in other regulations which provide for reconsideration of nonhearing determinations are not applicable to decisions made under authority assigned herein or to decisions made upon review thereof by the Reviewing Official."], ["14:14:4.0.1.5.67.1.24.6", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.6 Referral to the Reviewing Official.", "FAA", "", "", "", "When the staff member finds that the public interest so requires, or that, with respect to other than matters requiring immediate action as hereafter specified, there will be insufficient time for discretionary review of his or her decision upon petition, the staff member shall, in lieu of exercising the authority, submit the matter to the Reviewing Official for decision. In any case in which the staff member finds that immediate action is required with respect to any matter assigned herein, the disposition of which is governed by prior precedent and policy, the staff member may take appropriate action and specify that the filing of a petition for review shall not preclude such action from becoming effective."], ["14:14:4.0.1.5.67.1.24.7", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.7 Exercise of authority by superiors.", "FAA", "", "", "[Docket No. T-1, 49 FR 50985, Dec. 31, 1984, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]", "Any assignment of authority to a staff member other than the Chief Administrative Law Judge, the Administrative Law Judge, and the General Counsel, shall also be deemed to be made, severally, to each such staff member's respective superiors. In accordance with the Department's principle of management responsibility, the superior may choose to exercise the assigned power personally. Moreover, the Secretary may at any time exercise any authority assigned herein."], ["14:14:4.0.1.5.67.1.24.8", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.8 Exercise of authority in \u201cacting\u201d capacity.", "FAA", "", "", "", "Unless the assignment provides otherwise, staff members serving in an \u201cacting\u201d capacity may exercise the authority assigned to the staff members for whom they are acting."], ["14:14:4.0.1.5.67.2.24.1", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.10 Authority of Chief Administrative Law Judge, Office of Hearings.", "FAA", "", "", "[49 FR 50985, Dec. 31, 1984, as amended at 55 FR 20448, May 17, 1990; 65 FR 6457, Feb. 9, 2000]", "The Chief Administrative Law Judge has authority to:\n\n(a) Consolidate, upon recommendation of the Director, Office of International Aviation (or such staff member of the Office of International Aviation as he or she may designate), into one proceeding cases involving the investigation of a tariff or of complaints concerned with related tariffs.\n\n(b) With respect to matters to be decided after notice and hearing:\n\n(1) Dismiss applications or complaints (except those falling under subpart D of part 302 of this chapter (Procedural Regulations)) when such dismissal is requested or consented to by the applicant or complainant, or where such party has failed to prosecute such application or complaint;\n\n(2) Dismiss proceedings upon his or her finding that the proceeding has become moot or that no further basis for continuation exists; and\n\n(3) Dismiss an application subject to dismissal as stale under part 302 of this chapter."], ["14:14:4.0.1.5.67.2.24.10", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.19 Authority of the Director, Office of Airline Information, Bureau of Transportation Statistics.", "FAA", "", "", "[53 FR 51751, Dec. 23, 1988, as amended at 60 FR 66726, 66727, Dec. 26, 1995. Redesignated and amended by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996; 65 FR 6457, Feb. 9, 2000; 75 FR 41585, July 16, 2010; Doc. No. DOT-OST-2014-0140, 84 FR 15944, Apr. 16, 2019]", "The Director, Office of Airline Information, Bureau of Transportation Statistics (BTS) has authority to:\n\n(a) Conduct all rulemaking proceedings concerning accounting, reporting, and record retention requirements for carrying out Subparts I, II, and IV of 49 U.S.C. Subtitle VII, except the issuance of final rules and the disposition of petitions for reconsideration.\n\n(b) Interpret the accounting, reporting, and record retention requirements used to carry out Subparts I, II, and IV of 49 U.S.C. Subtitle VII.\n\n(c) Waive any of the accounting, reporting, and record retention requirements upon a showing of the existence of such facts, circumstances or other grounds, and subject to such limitations or conditions as may be prescribed for waivers in the applicable regulations, unless such authority is otherwise specifically assigned.\n\n(d) Dismiss petitions for Department or BTS action with respect to accounting, reporting, and record retention matters when such dismissal is requested or consented to by the petitioner.\n\n(e) Require special reports, documentation, or modifications to reports required by this chapter from any air carrier upon a determination that such reports or documentation or modifications are necessary to meet temporary information needs, assist in an evaluation of continued financial fitness, or comply with special information requests by Congress, Department officials, or another agency or component of the Federal Government.\n\n(f) Grant or deny a request by an air carrier or foreign air carrier for an extension of a filing date for reports required by subchapters A and D of this chapter.\n\n(g) Grant or deny requests by air carriers for substitution of their own forms, adaptation of Department forms, or use of ADP media to meet special needs where Department approval of such forms or ADP media is required by subchapter A of this chapter.\n\n(h) Determine the data necessary to complete the International Civil Aviation Organization reports required by U.S. Treaty; as provided in Order 81-3-120, establish any necessary supplemental reporting requirements; and dispose of petitions for extensions of filing dates or waivers with respect to the data required for such reports.\n\n(i) Grant or deny motions filed under \u00a7 302.12 of this chapter requesting confidential treatment of aviation economic information or reports filed with BTS and place the decision in the motion's docket, which decision will be subject to review through a petition for reconsideration filed within ten days of issuance, to be acted upon by the Director, BTS.\n\n(j) Grant or deny requests filed under \u00a7 241.22 of this chapter for confidential treatment of preliminary year-end financial reports.\n\n(k) Grant or deny requests filed under \u00a7 248.5 of this chapter for confidential treatment of individual air carrier special reports.\n\n(l) Grant or deny requests for use of domestic and international service segment and market data in accordance with the limitations on the availability of these data contained in \u00a7 241.19-6 of this chapter and Order 81-12-9.\n\n(m) Grant or deny requests for use of international Origin and Destination Survey statistics in accordance with the limitations on the availability of these data contained in \u00a7 241.19-7 of this chapter.\n\n(n) Grant or deny requests for individual air carrier fuel data in accordance with the limitations on the availability of these data contained in paragraph (k) of the reporting instructions for Schedule P-12(a), which are contained in \u00a7 241.24 of this chapter.\n\n(o) Grant or deny requests for individual air carrier financial data in accordance with the limitation on the availability of these data contained in paragraph (d) of the reporting instructions for Schedule F-1, which are contained in \u00a7 298.62 of this chapter.\n\n(p) Grant or deny requests for individual air carrier financial data as reported on Schedule P-1(a) in accordance with \u00a7 241.22(b)(3) of this chapter."], ["14:14:4.0.1.5.67.2.24.11", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.20 Authority of the Inspector General.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996]", "The Inspector General has authority to:\n\n(a) Require special reports, including documentation, from any air carrier regarding audits and other examinations of carrier facilities, operations, and accounting and statistical records.\n\n(b)(1) For accounting purpose, make findings regarding the reasonable necessity for the application of the Department authority to obtain access to lands, buildings, and equipment, and to inspect, examine, and make notes and copies of accounts, records, documents, papers, and correspondence of persons having control over, or affiliated with, any person subject to regulation used to carry out titles IV and X of the Act through issuance of an appropriate order, letter, or other transmittal;\n\n(2) Authorize one or more auditors or special agents to conduct audits, inspections, and examinations and to make notes and copies in accordance with such findings.\n\n(c) Release to the carrier that is the subject of a financial audit the audit report and other information developed during the audit.\n\n(d) Require submission by carriers of special statements necessary to an explanation of any carrier accounting practice."], ["14:14:4.0.1.5.67.2.24.12", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.21 Authority of the Chief, Accounting Division, Office of Budget and Policy, Federal Transit Administration.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985. Redesignated and amended by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996]", "The Chief, Accounting Division, Office of Budget and Policy, Federal Transit Administration, has authority to:\n\n(a) Approve and order the payment of refunds of filing fees paid under \u00a7 389.27(b) of this chapter when such refunds have been authorized by either the Director, Office of Aviation Analysis, or the Director, Office of International Aviation.\n\n(b) Pay from appropriated funds all properly documented claims consistent with Treasury, OMB, GAO, and DOT policies.\n\n(c) Make minor or routine adjustments to payments based on audit reports prepared by the Inspector General, and through routine internal examinations of claims and vouchers.\n\n(d) Design air carrier subsidy claim forms for small community service under 49 U.S.C. 41737."], ["14:14:4.0.1.5.67.2.24.2", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.11 Authority of the Administrative Law Judges, Office of Hearings.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984, as amended at 65 FR 6457, Feb. 9, 2000]", "The Administrative Law Judges, Office of Hearings, have authority to take the following actions in matters to which they are respectively assigned:\n\n(a) Grant or deny intervention in formal proceedings.\n\n(b) With respect to matters to be decided after notice and hearing, dismiss applications or complaints (except those falling under subpart D of part 302 of this chapter (Procedural Regulations)) when such dismissal is requested or consented to by the applicant or complainant, or where such party has failed to prosecute such application or complaint.\n\n(c) Grant requests for consolidation of applications for route authority within the scope of the proceeding before him or her, and deny requests for consolidation of applications for route authority not within the scope of the proceeding.\n\n(d) Approve or disapprove proposed settlements of enforcement proceedings submitted under \u00a7 302.215 of this chapter."], ["14:14:4.0.1.5.67.2.24.3", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.12 Authority of the Director, Office of Aviation Analysis.", "FAA", "", "", "[Doc. No. OST-96-1268, 61 FR 19167, May 1, 1996, as amended at 70 FR 25773, May 16, 2005; Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]", "The Director, Office of Aviation Analysis, has authority:\n\n(a) With respect to applications filed under section 41102 to engage in interstate or foreign scheduled or charter air transportation, section 41103 to engage in all-cargo air transportation, or section 41738 to engage in certain commuter air transportation:\n\n(1) To issue an order stating the Department's intention to process the application through show-cause procedures or other expedited procedures, where that course of action is clear under current policy and precedent.\n\n(2) To issue an order to show cause proposing to grant such application in those cases where no objections to the application have been filed, and where the Department has already found the applicant to be fit, willing and able to provide service of the same basic scope and character.\n\n(3) To issue an order, subject to any Presidential review required under section 41307 of 49 U.S.C. Subtitle VII, making final an order to show cause issued under paragraph (a)(2) of this section, where no objections to the order to show cause have been filed.\n\n(4) To issue an order dismissing an application:\n\n(i) When dismissal is requested or consented to by the applicant;\n\n(ii) For lack of prosecution; or\n\n(iii) When the application has become moot.\n\n(5) To review Air Carrier Certificates and Operations Specifications issued by the Federal Aviation Administration to carriers that have been granted certificate or commuter air carrier authority, and information concerning those carriers' fitness to operate under that authority that emerged following the issuance of orders establishing their fitness, and\u2014\n\n(i) To amend orders issuing the certificate or commuter air carrier authority to advance the effective dates of the authority if the review is satisfactory;\n\n(ii) To stay the effectiveness of such orders for up to 30 days if the review is unsatisfactory;\n\n(iii) To lift the stay of effectiveness imposed under paragraph (a)(5)(ii) of this section when the unsatisfactory conditions that required issuance of the stay have been resolved; or\n\n(iv) To issue notices announcing the effective date of the certificate or commuter air carrier authority.\n\n(b) To approve or deny applications of air carriers:\n\n(1) For exemptions from section 41102 or 41103of 49 U.S.C. Subtitle VII, and from orders issued thereunder, and from applicable regulations under this chapter where the course of action is clear under current policy or precedent.\n\n(2) For waivers of the Department's filing fee requirements under part 389 of this chapter, in accordance with current policy or precedent.\n\n(3) For relief under section 40109 of 49 U.S.C. Subtitle VII to hold out, arrange, and coordinate the operation of air ambulance flights as indirect air carriers in accordance with established precedent.\n\n(c) To waive the deadlines in \u00a7 377.10(c) of this chapter for filing applications for the renewal of temporary authorizations when, in the Director's judgment, the public interest would be served. The provisions of \u00a7 377.10(d) of this chapter shall apply in the same manner as to a timely filed application.\n\n(d) With respect to air carrier names:\n\n(1) To register names and trade names of certificated and commuter air carriers pursuant to part 215 of this chapter.\n\n(2) To reissue certificates issued under sections 41102 or 41103 of 49 U.S.C. Subtitle VII when revisions thereof are necessitated by a change in the name of a carrier, provided that no issue of substance concerning the operating authority of the carrier is involved.\n\n(e) To approve, deny, or cancel registrations filed with the Department by air taxi operators pursuant to part 298 of this chapter.\n\n(f) To approve certificates of insurance filed with the Department on behalf of U.S. and foreign air carriers in accordance with the provisions of part 205 of this chapter.\n\n(g) With respect to mail rates:\n\n(1) To issue show-cause orders proposing to make modifications of a technical nature in the mail rate formula applicable to temporary or final service mail rate orders.\n\n(2) To issue final orders establishing temporary and final service mail rates:\n\n(i) In those cases where no objection has been filed following release of the show-cause order, and where the rates established are the same as those proposed in the show-cause order; and\n\n(ii) In those cases where it is necessary to make modifications of a technical nature in the rates proposed in the show-cause order.\n\n(3) To issue final orders amending mail rate orders of air carriers to reflect changes in the names of the carriers subject to the orders.\n\n(4) To issue a letter, in the case of air mail contracts filed with the Department under part 302 of this chapter against which no complaints have been filed, stating that the contract will not be disapproved by the Department and may become effective immediately.\n\n(5) To issue final orders making quarterly fuel rate adjustments to Alaska bush and mainline mail rates set by the Department under 49 U.S.C. 41901, 41902, and 41903.\n\n(h) With respect to essential air service (EAS) proceedings:\n\n(1) To establish procedural dates.\n\n(2) To issue orders setting interim rates of compensation for carriers required to provide essential air service.\n\n(3) To issue orders approving a carrier's alternate service pattern if:\n\n(i) The resulting level of service at the eligible place would be equal to or greater than the level of service earlier determined to be essential for that place;\n\n(ii) The community concerned does not object to the carrier's implementation of the alternate service pattern; and\n\n(iii) The carrier is not receiving a subsidy for the service or implementation of the alternate service pattern would not increase the carrier's subsidy.\n\n(4) To issue orders adjusting the operational and/or financial unit rates of the payout formula for a carrier receiving subsidy under section 41732 of 49 U.S.C. Subtitle VII where the adjustment will not increase the total amount of compensation that the carrier will receive.\n\n(5) To renew, up to five times in succession, an order under section 41734 of 49 U.S.C. Subtitle VII to an air carrier to continue providing essential air service while the Department attempts to find a replacement carrier.\n\n(6) To request service and subsidy proposals from carriers interested in providing essential air service to an eligible place.\n\n(7) To issue final orders establishing interim or final subsidy rates under section 41732 or final adjustments of compensation for continued service under section 41732 in those cases where no objection has been filed to a show-cause order, and where the rates established are the same as or less than those proposed in the approved show-cause order.\n\n(8) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter:\n\n(i) To require any person who files a notice, objection, or answer to supply additional information.\n\n(ii) To require service of a notice, objection, or answer upon any person.\n\n(iii) To accept late-filed objections or answers, upon motion, for good cause shown.\n\n(iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under \u00a7 323.5 of this chapter.\n\n(9) To issue final air carrier selection orders establishing final subsidy rates for EAS provided under 49 U.S.C. 41733:\n\n(i) Where the compensation to be paid is the same as or less than the existing rate, and where the community does not object to the selected option;\n\n(ii) For EAS eligible Alaska communities, when the subsidy rate to be paid is less than $125,000, and where the community does not object to the selected option; and\n\n(iii) In cases where only one air carrier submitted one service or subsidy option.\n\n(10) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter:\n\n(i) To require any person who files a notice, objection, or answer to supply additional information.\n\n(ii) To require service of a notice, objection, or answer upon any person.\n\n(iii) To accept late-filed objections or answers, upon motion, for good cause shown.\n\n(iv) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under \u00a7 323.5 of this chapter.\n\n(i) To issue procedural orders or notices in antitrust immunity cases filed under part 303 of this chapter with respect to:\n\n(1) Granting or denying requests for adjustments to procedural deadlines where there is no objection;\n\n(2) Making other adjustments to a procedural schedule where the policy is clear and consistent with precedent;\n\n(3) Granting parties to a proceeding access to confidential documents filed under a request for public non-disclosure pursuant to \u00a7 302.12 of this chapter, where providing such access is consistent under current policy and precedent; and\n\n(4) In uncontested proceedings, ordering the filing of additional documents deemed relevant to the Department's consideration of the application, including the filing of documents for in-camera review, where doing so is consistent with past policy and precedent."], ["14:14:4.0.1.5.67.2.24.4", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.13 Authority of the Director, Office of International Aviation.", "FAA", "", "", "[Doc. No. OST-96-1268, 61 FR 19169, May 1, 1996, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15943, Apr. 16, 2019]", "The Director, Office of International Aviation, has authority to:\n\n(a) Approve or deny applications for exemptions, where the course of action is clear under current policy or precedent:\n\n(1) For air carriers, from chapter 411 of 49 U.S.C. Subtitle VII and from certificates and orders issued under that chapter;\n\n(2) For foreign air carriers, from section 41301 and from permits and related orders issued under chapter 413;\n\n(3) For air carriers and foreign air carriers, from chapter 415 and from orders issued and tariffs filed under that chapter; and\n\n(4) From orders and applicable regulations under this chapter.\n\n(b) With respect to applications for certificates of public convenience and necessity under section 41102 and foreign air carrier permits under section 41302:\n\n(1) Issue an order to show cause proposing to grant such application in those cases where no objections to the application have been filed, and the applicant has already been found fit, willing, and able by the Department to provide service of the same basic scope and character;\n\n(2) For general tariff exemptions that apply to all U.S. and foreign air carriers pursuant to 14 CFR part 293;\n\n(3) Issue an order stating the Department's intention to process the application through show-cause procedures;\n\n(4) Issue an order, subject to Presidential review under section 41307, to make final an order to show cause issued under the circumstances of paragraph (b)(1) of this section, where no objections to the show-cause order have been filed;\n\n(5) Issue orders granting uncontested applications by U.S. carriers to provide foreign air transportation where the carrier has already been found fit, willing, and able to provide service of the same basic scope or character; and\n\n(6) Issue orders granting uncontested applications by foreign air carriers to provide foreign air transportation where the course of action is clear under current policy or precedent.\n\n(c) With respect to an application under section 41102 for a certificate to engage in foreign scheduled air transportation, issue an order instituting an investigation of the applicant's fitness and other issues related to the application, where no person has already filed an objection to the application and the investigation will be conducted by oral hearing procedures.\n\n(d) Issue an order to show cause why a foreign air carrier permit should not be revoked under section 41304 when:\n\n(1) The government of the permit holder's home country represents that it does not object to revocation of the permit; and\n\n(2) The permit holder\u2014\n\n(i) Has ceased operations; or\n\n(ii) No longer holds valid authority from its own government to operate the services in its permit.\n\n(e) Approve or disapprove requests by foreign air carriers for authorizations provided for, or waivers of restrictions contained, in any agreement or in any permit or order of the Department, when no person disclosing a substantial interest objects or where the course of action is clear under current policy or precedent.\n\n(f) Waive the deadlines in \u00a7 377.10(c) of this chapter for filing applications for renewal of unexpired temporary authorizations when, in the Director's judgment, the public interest would be served. The provisions of \u00a7 377.10(d) of this chapter shall apply in the same manner as to a timely filed application.\n\n(g) Extend the time allowed for action on a complaint of unfair or discriminatory practices, filed under section 41310, for an additional period or periods of 30 days each, not to exceed the 180th day after filing unless that deadline has been waived by the complainant.\n\n(h) Grant or deny applications for statements of authorization under parts 207, 208, and 212 of this chapter, and requests for waivers of the requirements of parts 207, 208, and 212 of this chapter, where grant or denial of the request is in accordance with current policy or precedent.\n\n(i) Approve or disapprove charter trips by foreign air carriers, and those by air carriers that are predominantly in foreign air transportation, when prior authorization is required by:\n\n(1) Any provision of this chapter; or\n\n(2) An order of the Department.\n\n(j) Approve or disapprove requests by foreign air carriers for waivers of the 30-day advance filing requirement for proposed schedules whose filing the Department has ordered under part 213 of this chapter.\n\n(k) Approve, when no person disclosing a substantial interest objects, or disapprove requests by foreign air carriers for special authorizations provided for in part 216 of this chapter.\n\n(l) With respect to applications for statements of authorization to conduct intermodal cargo services under part 222 of this chapter:\n\n(1) Approve applications under part 222 of this chapter where no person with a substantial interest raises objections citing specific facts of nonreciprocity or of restraints on competition by U.S. air carriers;\n\n(2) Reject applications under part 222 of this chapter where there is no agreement by the United States permitting the proposed services; or\n\n(3) Require that an applicant under part 222 of this chapter submit additional information.\n\n(m) Approve or disapprove issuance of foreign aircraft permits provided for in part 375, subparts E and H, of this chapter.\n\n(n) Grant or deny applications of foreign air carriers for renewal of emergency exemptions granted under 49 U.S.C. 40109(g).\n\n(o) Grant or deny applications by air carriers and foreign air carriers under part 389 of this chapter for waivers of the Department's filing fee requirements, in accordance with current policy or precedent.\n\n(p) Determine matters in proceedings under section 40109 and chapters 411, 413 and 415, that have not been set for oral evidentiary hearing, in addition to those authorized under \u00a7 385.3, such matters to include,  inter alia,  filing times, service of documents, submissions of additional information, filing of otherwise unauthorized documents, access to information for which confidential treatment has been requested, rejection of incomplete or otherwise defective applications, and solicitation of applications for authority.\n\n(q) Approve or disapprove applications under part 223 of this chapter for permission to furnish free or reduced-rate foreign air transportation.\n\n(r) With respect to International Air Transport Association (IATA) agreements filed with the Department pursuant to sections 41309 and 41308 of 49 U.S.C. Subtitle VII, or agreements filed pursuant to previous statutory authority of the Department's predecessor:\n\n(1) Issue orders approving, disapproving, or exempting IATA agreements relating to fare and rate matters under section 41309, and granting or denying antitrust immunity under section 41308, where the course of action is clear under current policy and precedent.\n\n(2) Issue orders describing filed agreements, establishing procedural dates for submission of justification, comments and replies, which support or oppose agreements, and prescribing the particular types of data to be included in such submission.\n\n(s) Reject any tariff, supplement, or revised page that is filed by any U.S. air carrier or foreign air carrier, and that is subject to rejection because it is not consistent with chapter 415 of 49 U.S.C. Subtitle VII or with part 221 or 222 of this chapter. Where a tariff, supplement or loose-leaf page is filed on more than 60 days' notice and is not rejected within the first 30 days (including the filing date), it shall not be rejected after such 30-day period under this authority unless the issuing carrier is given an opportunity to remove the cause for rejection by the effective date, by special tariff permission if necessary, and fails to take such corrective action.\n\n(t) Approve or disapprove any application for special tariff permission under part 221, subpart P, of this chapter to make tariff changes upon less than statutory notice.\n\n(u) Approve or disapprove applications for waiver of part 221 of this chapter.\n\n(v) Institute an investigation of, or institute an investigation and suspend the effectiveness of, a tariff or change in a tariff which:\n\n(1) Is substantially similar to a prior tariff under investigation or suspension; and\n\n(2) Is filed by or on behalf of one or more of the parties to the prior tariff; and\n\n(3) Is filed within 90 days after the expiration, modification, or cancellation of the prior tariff, or within 90 days after the effective date of an order requiring its cancellation or modification.\n\n(w) In instances when an investigation of a tariff is pending, or the tariff is under suspension, or when a complaint requesting investigation or suspension of a tariff has been filed:\n\n(1) Permit cancellation of the tariff; or\n\n(2) If the grounds for the investigation or complaint have been removed through cancellation, expiration or modification of the tariff, either dismiss the investigation or complaint, or terminate the suspension.\n\n(x) Extend the period of suspension of a tariff when the proceedings concerning the lawfulness of such tariff cannot be concluded before the expiration of the existing suspension period, provided that the aggregate of such extensions may not be for a longer period than permitted under section 41509.\n\n(y) Cancel the suspension of and/or dismiss an investigation of a tariff relating to service predominantly in foreign air transportation where the course of action is clear under current policy and precedent.\n\n(z) Issue orders and notices adjusting the Standard Foreign Fare Level to reflect percentage changes in actual operating costs per available seat mile.\n\n(aa) Issue notices updating the list of country-pair markets.\n\n(bb) With respect to Canadian charter air taxi operations:\n\n(1) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 294 of this chapter.\n\n(2) To cancel, revoke, or suspend the registration of any Canadian charter air taxi operator using small aircraft registered under part 294 of this chapter that:\n\n(i) Filed with the Department a written notice that it is discontinuing operations;\n\n(ii) Is no longer designated by its home government to operate the services contemplated by its registration;\n\n(iii) Holds a foreign air carrier permit under section 41302 to operate large aircraft charters between the United States and Canada;\n\n(iv) Fails to keep its filed certificate of insurance current;\n\n(v) No longer is substantially owned or effectively controlled by persons who are:\n\n(A) Citizens of Canada;\n\n(B) The Government of Canada; or\n\n(C) A combination of both; or\n\n(vi) No longer holds current effective Operations Specifications issued by the FAA.\n\n(3) To grant or deny requests for a waiver of part 294 of this chapter, where grant or denial of the request is in accordance with current policy or precedent.\n\n(cc) With respect to foreign air freight forwarders:\n\n(1) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 297 of this chapter.\n\n(2) To cancel the registration of any foreign air freight forwarder or foreign cooperative shippers association that files a written notice with the Department indicating the discontinuance of common carrier activities.\n\n(3) To exempt the registrant from the requirement contained in \u00a7 297.20 of this chapter that substantial ownership and effective control reside in citizens of the country that the applicant claims as its country of citizenship, where the course of action is clear under current precedent or policies.\n\n(dd) With respect to charter operations:\n\n(1) To grant or deny requests for waiver of parts 212, 372, and 380 of this chapter, where grant or denial of the request is in accordance with established precedent.\n\n(2) To approve or disapprove direct air carrier escrow agreements filed pursuant to part 212 of this chapter.\n\n(3) To reject or accept Public Charter prospectuses filed under part 380 of this chapter.\n\n(4) With respect to the procedures for the registration of foreign charter operators under subpart E of part 380 of this chapter:\n\n(i) To approve applications for registration, or require that a registrant submit additional information, or reject an application for registration for failure to comply with part 380 of this chapter.\n\n(ii) To notify the applicant that its application will require further analysis or procedures, or is being referred to the Assistant Secretary for Aviation and International Affairs for formal action.\n\n(iii) To cancel the registration of a foreign charter operator if it files a written notice with the Department that it is discontinuing its charter operations.\n\n(iv) To waive provisions of subpart E of part 380 of this chapter."], ["14:14:4.0.1.5.67.2.24.5", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.14 Authority of the General Counsel.", "FAA", "", "", "[Doc. No. DOT-OST-2014-0140, 84 FR 15944, Apr. 16, 2019]", "The General Counsel has authority to:\n\n(a) Issue proposed or final regulations for the purpose of making editorial changes or corrections to the Department's rules and regulations to carry out Subparts I, II and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101  et seq.,  with the concurrence of the staff offices primarily responsible for the parts or sections involved: Provided, that any final regulation so issued shall have an effective date not less than 20 days after its date of publication in the  Federal Register,  and shall include a brief reference to the review procedures established in subpart C of this part.\n\n(b) Where a petition for review is duly filed, reverse any rulemaking action taken pursuant to paragraph (a) of this section by withdrawing a proposed or final regulation issued thereunder. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part.\n\n(c) Issue orders deferring action until after oral argument on motions submitted by parties subsequent to the issuance of an Administrative Law Judge's initial or recommended decision.\n\n(d) Reissue existing regulations for the purpose of incorporating prior amendments adopted by the Department.\n\n(e) Compromise any civil penalties being imposed in enforcement cases.\n\n(f) Issue orders initiating and terminating informal nonpublic investigations under part 305 of this chapter (Procedural Regulations).\n\n(g) Issue orders requiring air carriers to prepare and submit within a specified reasonable period, special reports, copies of agreements, records, accounts, papers, documents, and specific answers to questions upon which information is deemed necessary. Special reports shall be under oath whenever the General Counsel so requires.\n\n(h) Institute and prosecute in the proper court, as agent of the Department, all necessary proceedings for the enforcement of the provisions of the act or any rule, regulation, requirement, or order thereunder, or any term, condition, or limitation of any certificate or permit, and for the punishment of all violations thereof. Any action taken by the General Counsel, pursuant to the authority of this section, shall not be subject to the review procedures of this part.\n\n(i) Make findings regarding the reasonable necessity for the application of the Department's authority to obtain access to lands, buildings, and equipment, and to inspect, examine, and make notes and copies of accounts, records, memorandums, documents, papers, and correspondence of persons having control over, or affiliated with, any person subject to regulation under Subparts I, II, and IV of Part A of Subtitle VII of the Transportation Code at 49 U.S.C. 40101  et seq.  through issuance of an appropriate order, letter, or other transmittal.\n\n(j) Issue orders denying or granting conditional or complete confidential treatment of information supplied by any person to the Office of Aviation Enforcement and Proceedings. Confidential treatment may only be granted upon a finding that, if the information were in the Department's possession and a Freedom of Information Act (FOIA) request were made for the information:\n\n(1) At the time of the confidentiality request, the FOIA request would be denied on the basis of one or more of the FOIA exemptions; and\n\n(2) At any later time, the FOIA request would also be denied, absent a material change in circumstances (which may include a demonstration that the asserted exemption does not apply)."], ["14:14:4.0.1.5.67.2.24.6", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.15 [Reserved]", "FAA", "", "", "", ""], ["14:14:4.0.1.5.67.2.24.7", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.16 Heads of Offices and Assistant General Counsels.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996]", "The heads of Offices and Assistant General Counsels have the authority to:\n\n(a) Grant requests for permission to withdraw petitions, applications, motions, complaints, or other pleadings or documents which the respective Office has responsibility for processing where such authority has not otherwise been assigned in this regulation.\n\n(b) Grant extensions of time for filing of documents or reports which are required to be filed by regulation or Department order and which reports or documents the respective Office has the responsibility for processing.\n\n(c) Grant waivers of the environmental procedures set by Department order in any proceeding or portion of a proceeding dealing with environmental matters.\n\n(d) Establish procedures on a case-by-case basis for environmental proceedings to ensure compliance with applicable law."], ["14:14:4.0.1.5.67.2.24.8", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.17 Authority of the Assistant General Counsel for Regulation and Enforcement.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996]", "The Assistant General Counsel for Regulation and Enforcement has authority to:\n\n(a) Call public meetings in pending rulemaking proceedings,\n\n(b) Issue a notice suspending the effective dates of final regulations issued by the General Counsel pending Departmental determination of review proceedings instituted thereon, whether by petition or upon order of the Department. (Such a notice is not subject to the review procedures of subpart C of this part.), and\n\n(c) Approve or disapprove, for good cause shown, requests to extend the time for filing comments on all proposed or final new or amended regulations, and requests to extend comment periods following the issuance of final rules."], ["14:14:4.0.1.5.67.2.24.9", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "B", "Subpart B\u2014Assignment of Functions to Staff Members", "", "\u00a7 385.18 Authority of the Docket Officer, Docket Operations Office.", "FAA", "", "", "[Amdt. 385-3, 52 FR 18905, May 20, 1987. Redesignated by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996. Amended by Doc. No. DOT-OST-2014-0140, 84 FR 15944, Apr. 16, 2019]", "The Docket Officer, Docket Operations Office, has the authority to coordinate and perform all administrative functions of the Department provided for in sections 2, 3 and 5 of Executive Order 12597 issued May 13, 1987, except that this delegation shall not include the exercise of the authority delegated by the President to the Secretary by sections 2 and 5 of that Order to determine not to disapprove orders of the Department in certain cases."], ["14:14:4.0.1.5.67.3.24.1", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "C", "Subpart C\u2014Procedure on Review of Staff Action", "", "\u00a7 385.30 Persons who may petition for review.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996]", "Petitions for review may be filed by the applicant; by persons who have availed themselves of the opportunity, if any, to participate in the matter at the staff action level; and by persons who have not had opportunity to so participate or show good and sufficient cause for not having participated:  Provided,  That such persons, other than the applicant, disclose a substantial interest which would be adversely affected by the respective staff action."], ["14:14:4.0.1.5.67.3.24.2", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "C", "Subpart C\u2014Procedure on Review of Staff Action", "", "\u00a7 385.31 Petitions for review.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated and amended by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996; 65 FR 6457, Feb. 9, 2000]", "(a)  Time for filing.  Petitions for review shall be filed and served within seven (7) days after the date of the staff action to which they relate, but a different period may be fixed in such staff action consistent with effective preservation of the right to petition for discretionary review and the exigencies of the situation.\n\n(b)  Contents.  Petitions for review shall demonstrate that (1) a finding of material fact is clearly erroneous; (2) a legal conclusion is contrary to law, Department rules, or precedent; (3) a substantial and important question of policy is involved; (4) a prejudicial procedural error has occurred; or (5) the staff action is substantially deficient on its face. The petition shall briefly and specifically state the alleged grounds for review and the relief sought. If persons who participated at the staff action level set forth any new facts, arguments, or other new matter, an explanation must be furnished as to why said matter was not previously adduced at the staff action level. In the absence of a valid explanation, the Department may disregard such new matter.\n\n(c)  Form and filing.  Petitions shall comply with the form and filing requirements of \u00a7\u00a7 302.3 and 302.4 of this chapter. (Rules of practice in Economic Proceedings). Petitions shall not exceed 10 pages in length. A greater length, however, may be specified in the staff action taken. The petitions shall be accompanied by proof of required service. However, persons who seek review of a civil penalty proposed by the Assistant General Counsel for Aviation Enforcement and Proceedings pursuant to \u00a7 385.15(a) may submit their request therefor by letter to the Department with a copy to the Assistant General Counsel for Aviation Enforcement and Proceedings and need not comply with the above form and filing requirements.\n\n(d)  Service.  A petition filed by a person other than the applicant shall be served on the applicant. Petitions shall also be served on any persons who have served documents on the petitioner at the staff action level; and on such other persons as may be directed by the Department or the staff member who took the action to be reviewed.\n\n(e)  Answers.  The applicant and such other persons as disclose a substantial interest which would be adversely affected by the relief sought in the petition may, within seven (7) days after filing the petition, file an answer thereto. A different period for the filing of answers may be fixed in the staff action. Such answers shall comply with the form and filing requirements applicable to petitions and shall be served on the applicant and any other person who has theretofore served a document in the matter on such respondent."], ["14:14:4.0.1.5.67.3.24.3", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "C", "Subpart C\u2014Procedure on Review of Staff Action", "", "\u00a7 385.32 Effective date of staff action.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996. Amended by Doc. No. DOT-OST-2014-0140, 84 FR 15945, Apr. 16, 2019]", "Unless, within the time provided by or pursuant to this part, a petition for review is filed or the Department gives notice that it will review on its own motion, staff action shall, without further proceedings, be effective and become the action of the Department upon the expiration of such period. A timely petition for review filed in accordance with the provisions of this section, or notice given by the Department of review on its own motion, shall stay the staff action pending disposition by the Department, unless the Department determines otherwise or unless the staff action provides otherwise in accordance with subpart A of this part. However, in cases where the Department's regulations provide that permissions or approvals are granted, or that other legal effects result, within a stated period from the filing with the Department of a prescribed document, unless the Department gives notice to the contrary or takes other action within said period, such notice given or action taken by a staff member under delegated authority shall toll the running of such period. A timely petition for review of staff action which is not stayed by its filing which is received after or not acted upon before the effective date of the action shall be entertained and disposed of on its merits as a petition for reconsideration."], ["14:14:4.0.1.5.67.3.24.4", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "C", "Subpart C\u2014Procedure on Review of Staff Action", "", "\u00a7 385.33 Review by the staff.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984. Redesignated by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996]", "Where a petition for review is duly filed, the staff member may, upon consideration of all documents properly filed, reverse his or her decision. Except in the case of Administrative Law Judges, action taken by a staff member other than an office head or Assistant General Counsel may be reversed by the respective office head or Assistant General Counsel who is in the supervisory chain of command with respect to the staff member who took the initial action. If the initial action is reversed, the petition for review will not be submitted to the Reviewing Official. Staff action reversing the initial action shall be subject to petition for Department review as any other staff action."], ["14:14:4.0.1.5.67.3.24.5", 14, "Aeronautics and Space", "II", "E", "385", "PART 385\u2014STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS", "C", "Subpart C\u2014Procedure on Review of Staff Action", "", "\u00a7 385.34 Decision by the Reviewing Official.", "FAA", "", "", "[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985. Redesignated by Doc. No. OST-96-1268, 61 FR 19171, May 1, 1996]", "(a)  Decline of right to review.  If the Reviewing Official declines the right to exercise discretionary review, the staff action stayed by the petition for review shall become effective on the second business day following the date of service of the order, unless the order provides otherwise.\n\n(b)  Exercise of right to review.  The Reviewing Official will exercise his or her discretionary right of review either upon petition or on his or her own motion. The Reviewing official may by order provide for interlocutory relief pending his or her decision on the merits and may limit the issues on review. The Reviewing Official may affirm, modify or set aside the staff action, may order the matter remanded, or may order further submittals or other proceedings before making a decison on the merits. In case the Reviewing Official affirms the staff action, staff action stayed by the petition for review shall become effective on the second business day following the date of service of the Reviewing Official's order, unless the order provides otherwise. Decisions by the Reviewing Official under this part are final and are not subject to petitions for reconsideration."], ["33:33:3.0.1.1.34.1.1.1", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.1 Purpose of the programmatic regulations.", "USACE", "", "", "", "(a) The programmatic regulations of this part implement the provisions of section 601(h)(3) of the Water Resources Development Act of 2000, Public Law 106-541, 114 Stat. 2688 (hereinafter \u201cWRDA 2000\u201d), which was enacted on December 11, 2000.\n\n(b) The purpose of the programmatic regulations of this part is to ensure that the goals and purposes of the Comprehensive Everglades Restoration Plan (the Plan) are achieved and to establish the processes necessary for implementing the Plan. Some of these processes are project specific, including, but not limited to, development of Project Implementation Reports, Project Cooperation Agreements, plans and specifications, Pilot Project Technical Data Reports, and Operating Manuals. Other processes are of more general applicability, including, but not limited to, development of program-wide guidance memoranda, interim goals, interim targets, and the Master Implementation Sequencing Plan. Taken together, these processes will ensure that the restoration purposes and other goals of the Plan are achieved. The regulations of this part also describe the relationship among the various entities responsible for implementation of the Plan.\n\n(c) Section 601(h) of WRDA 2000 establishes an integrated framework for assuring that the goals and purposes of the Plan are achieved. This framework includes tools for planning, implementation, and evaluation; a process for developing these tools in an open public process, with input from other Federal, State, and local agencies; and an enforcement mechanism to ensure that the requirements of the statute are carried out.\n\n(1)  Tools.  (i) The specific planning tool established by section 601(h) is the Project Implementation Report.\n\n(ii) The specific implementation tools established by section 601(h) are Project Cooperation Agreements and Operating Manuals.\n\n(iii) The specific evaluation tool established by section 601(h) is the interim goals for evaluating the restoration success of the Plan.\n\n(iv) In addition to the specific planning, implementation, and evaluation tools established by section 601(h), the regulations of this part establish additional tools, including but not limited to, Project Management Plans, Program Management Plans, Comprehensive Plan Modification Reports, the Master Implementation Sequencing Plan, and interim targets for evaluating progress towards achieving the other water related needs of the region.\n\n(2)  Processes.  The regulations of this part establish the processes for developing these tools. Consistent with section 601(h), these regulations have been developed, after notice and opportunity for public content, 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, the Florida Department of Environmental Protection, and other Federal, State, and local agencies.\n\n(3)  Enforcement mechanism.  The specific enforcement mechanism established by Section 601(h) is the \u201cComprehensive Everglades Restoration Plan Assurance of Project Benefits Agreement,\u201d dated January 9, 2002, between the President and the Governor, under which the State shall ensure, by regulation or other appropriate means, that water made available by each project in the Plan shall not be permitted for a consumptive use or otherwise made unavailable by the State until such time as sufficient reservations of water for the restoration of the natural system are made under State law in accordance with the project implementation report and consistent with the Plan.\n\n(4)  Public information.  The Secretary of the Army shall ensure that the public understands the linkage between the processes, tools, and enforcement mechanism and can monitor the effectiveness of this integrated framework in assuring that the goals and purposes of the Plan are achieved, as provided for in the regulations of this part, by:\n\n(i) Providing for public notice and comment in the development of planning, implementation, and evaluation tools;\n\n(ii) Providing notice of final action on planning, evaluation, and implementation tools;\n\n(iii) Making available to the public on a web site or by other appropriate means final, and where appropriate draft, copies of all planning, evaluation, and implementation tools; and\n\n(iv) Explaining through the regulations of this part and by other appropriate means the process for developing the tools, the linkage between the process, tools, and enforcement mechanism, and the means by which these elements constitute an integrated framework for assuring that the goals and purposes of the Plan are achieved."], ["33:33:3.0.1.1.34.1.1.2", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.2 Applicability of the programmatic regulations.", "USACE", "", "", "", "(a) This part applies to all activities conducted to implement the Comprehensive Everglades Restoration Plan.\n\n(b) As used in this part, the Secretary of the Army acts through the Assistant Secretary of the Army for Civil Works with respect to the Army's civil works program pursuant to 10 U.S.C. 3016.\n\n(c) Nothing in this part shall be interpreted to amend, alter, diminish, or otherwise affect:\n\n(1) The rights, powers and duties provided under the \u201cComprehensive Everglades Restoration Plan Assurance of Project Benefits Agreement,\u201d dated January 9, 2002 pursuant to section 601(h)(2) of WRDA 2000; or\n\n(2) Any existing legal water rights of the United States, the State of Florida, the Miccosukee Tribe of Indians of Florida, or the Seminole Tribe of Florida, including rights under the compact among the Seminole Tribe of Florida, the State, and the South Florida Water Management District, defining the scope and use of water rights of the Seminole Tribe of Florida, as codified by section 7 of the Seminole Indian Land Claims Settlement Act of 1987 (25 U.S.C. 1772e).\n\n(d) This part is intended to aid the internal management of the implementing agencies and is not intended to create any right or benefit enforceable at law by a party against the implementing agencies or their officers. Nothing in this part shall create a right or expectation to benefits or enhancements, temporary or permanent, in third parties that are not specifically authorized by Congress in section 601 of WRDA 2000.\n\n(e) Nothing in this part is intended to, or shall be interpreted to, reserve or allocate water or to prescribe the process for reserving or allocating water or for water management under Florida law. Nor is this part intended to, nor shall it be interpreted to, prescribe any process of Florida law."], ["33:33:3.0.1.1.34.1.1.3", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.3 Definitions.", "USACE", "", "", "", "For the purposes of this part, the following terms are defined:\n\nAdaptive management  means the continuous process of seeking a better understanding of the natural system and human environment in the South Florida ecosystem, and seeking continuous refinements in and improvements to the Plan to respond to 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 in order to ensure that the goals and purposes of the Plan are fulfilled.\n\nAlternative plan  means a plan that consists of a system of structural and/or nonstructural measures, strategies, or programs formulated to achieve, fully or partially, the goals and purposes of the Plan, as further defined in section 1.6.1 of the Water Resources Council's  \u201cEconomic and Environmental Guidelines for Water and Related Land Resources Implementation Studies,\u201d  dated March 10, 1983.\n\nAssessment  means the process whereby the actual performance of implemented projects is measured and interpreted based on analyses of information obtained from research, monitoring, modeling, or other relevant sources.\n\nCentral and Southern Florida (C&SF) Project  means the project for Central and Southern Florida authorized under the heading \u201cCENTRAL AND SOUTHERN FLORIDA\u201d in section 203 of the Flood Control Act of 1948 (62 Stat. 1176) and any modification authorized by any other provision of law, including section 601 of WRDA 2000.\n\nComponent  means features of the Plan that include, but are not limited to, storage reservoirs, aquifer storage and recovery facilities, stormwater treatment areas, water reuse facilities, canals, levees, pumps, water control structures, and seepage management facilities; the removal of canals, levees, pumps, and water control structures; and operational changes.\n\nComprehensive Everglades Restoration Plan (CERP)  means the plan contained in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999, as modified by section 601 of WRDA 2000, and any subsequent modification authorized in law.\n\nComprehensive Plan Modification Report  means the report prepared for approval by Congress of major changes to the Plan that are necessary to ensure that the goals and purposes of the Plan are achieved. The Comprehensive Plan Modification Report describes the formulation and evaluation of alternatives, recommended modifications to the Plan, and other economic, environmental, and engineering information, and includes the appropriate NEPA document.\n\nConcurrence  means the issuance of a written statement of concurrence or the failure to provide such a written statement within a time frame prescribed by law or this part.\n\nConsultation  means a process to ensure meaningful and timely input in the development of program and project activities, reports, manuals, plans, and other documents from Federal, State, and local agencies, the Miccosukee Tribe of Indians of Florida, and the Seminole Tribe of Florida.\n\nCoordination  means the formal exchange of information and views, by letter, report, or other prescribed means, between the Corps of Engineers and the non-Federal sponsor and another agency or tribe, including but not limited to, the exchange of information and views regarding the development of Project Implementation Reports, Operating Manuals, and Comprehensive Plan Modification Reports. Coordination activities are required by and in accordance with purposes and procedures established by Federal policy (public law, executive order, agency regulation, memorandum of agreement, and other documents that memorialize policy of the Corps of Engineers).\n\nCost-effective  means the least costly way of attaining a given level of output or performance, consistent with the goals and purposes of the Plan and applicable laws.\n\nDesign Agreement  means the agreement between the Corps of Engineers and a non-Federal sponsor concerning cost sharing for activities related to planning, engineering, design, and other activities needed to implement the Plan.\n\nDispute  means any disagreement between the agencies or tribes associated with implementation of the Plan that cannot be resolved by the members of a Project Delivery Team or RECOVER and that is elevated to decision makers at the respective agencies or tribes.\n\nDistrict Engineer  means the District Engineer of the Corps of Engineers, Jacksonville District.\n\nDivision Engineer  means the Division Engineer of the Corps of Engineers, South Atlantic Division.\n\nDrought contingency plan  means the plan required by \u00a7 222.5(i)(5) of this chapter and described in implementing Engineer Regulation ER 1110-2-1941 \u201cDrought Contingency Plans,\u201d and means a plan contained within an Operating Manual that describes procedures for dealing with drought situations that affect management decisions for operating projects.\n\nEnvironmental and economic equity  means the fair treatment of all persons regardless of race, color, creed, national origin, or economic status, including environmental justice, and the provision of economic opportunities for small business concerns controlled by socially and economically disadvantaged individuals, including individuals with limited English proficiency, in the implementation of the Plan.\n\nEnvironmental justice  means identifying and addressing, disproportionately high and adverse human health or environmental effects of a Federal agency's programs, policies, and activities on minority and low-income populations, in accordance with applicable laws, regulations, and Executive Orders.\n\nEvaluation  means the process whereby the performance of plans and designs relative to desired objectives is forecast through predictive modeling and other tools.\n\nExpected performance level  means the projected level of benefits to the natural system and human environment described in the Plan.\n\nExternal peer review  means a process to review and validate the scientific and technical processes and information developed for implementation of the Plan that is independent of the agencies involved in the implementation of the Plan.\n\nGoals and purposes of the Plan  means the restoration, preservation, and protection of the South Florida ecosystem while providing for other water-related needs of the region, including water supply and flood protection.\n\nGovernor  means the Governor of the State of Florida.\n\nGuidance memorandum  means the specific procedure, process, or other guidance specified in \u00a7 385.5(b) that is developed and approved by the Secretary of the Army with the concurrence of the Secretary of the Interior and the Governor.\n\nImproved or new flood protection benefits  means increased or new levels of service for flood protection that are identified in a Project Implementation Report and approved as a purpose of the project.\n\nIndependent scientific review  means the process established pursuant to section 601(j) of WRDA 2000 to review the Plan's progress toward achieving the natural system restoration goals of the Plan.\n\nIndividual feature of the Plan  means a component or group of components of the Plan related to and limited to one specific project of the Plan.\n\nInterim goal is a  means by which restoration success of the Plan may be evaluated throughout the implementation process. Interim goals provide a means of tracking restoration performance, as well as a basis for reporting on the progress made at specified intervals of time towards restoration of the South Florida ecosystem, and for periodically evaluating the accuracy of predictions of system responses to the effects of the Plan.\n\nInterim target is a  means by which the success of the Plan in providing for other water-related needs of the region, including water supply and flood protection, may be evaluated throughout the implementation process. Interim targets provide a means of tracking Plan performance, as well as a basis for reporting on progress made at specified intervals of time towards providing for other water-related needs of the region, and for periodically evaluating the accuracy of predictions of system responses to the effects of the Plan.\n\nJustified  has the same meaning as in section 601(f)(2) of WRDA 2000 which states that the Secretary of the Army, in carrying out any activity to restore, preserve, or protect the South Florida ecosystem, may determine that an activity is justified by the environmental benefits derived by the South Florida ecosystem and no further economic justification for the activity is required, if the Secretary determines that the activity is cost-effective.\n\nLevels of service for flood protection  means the expected performance of the Central and Southern Project and other water management systems in the South Florida ecosystem, consistent with applicable law, for a specific area or region.\n\nMaster Implementation Sequencing Plan  means the document that describes the sequencing and scheduling for the projects of the Plan.\n\nMediation  means a non-binding dispute resolution process designed to assist the disputing parties to resolve a disagreement. In mediation, the parties mutually select a neutral and impartial third party to facilitate the negotiations.\n\nMonitoring  means the systematic process of collecting data designed to show the status, trends, and relationships of elements of the natural system and human environment at specific locations and times.\n\nNatural system  means all land and water managed by the Federal government or the State within the South Florida ecosystem including, but not limited to, water conservation areas; sovereign submerged land; Everglades National Park; Biscayne National Park; Big Cypress National Preserve; other Federal or State (including a political subdivision of a State) land that is designated and managed for conservation purposes; the contiguous near-shore coastal water of South Florida; and, any tribal land that is designated and managed for conservation purposes, as approved by the tribe.\n\nNext-added increment  means the evaluation of an alternative as the next project to be added to a system of projects already implemented. For the purposes of this part, this means analyzing an alternative as the next project to be added to a system of projects that includes only those projects that have been approved according to general provision of law or specific authorization of Congress and are likely to have been implemented by the time the project being evaluated is completed.\n\nNon-Federal sponsor  means a legally constituted public body that has full authority and capability to perform the terms of the Project Cooperation Agreement and the ability to pay damages, if necessary, in the event of failure to perform, pursuant to section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b).\n\nOperating Manuals  means the set of documents that describe how the projects of the Plan and the Central and Southern Florida Project are to be operated to ensure that the goals and purposes of the Plan are achieved. Operating Manuals include the System Operating Manual and Project Operating Manuals. Operating Manuals contain water control plans, regulation schedules, and operating criteria for project and/or system regulations as well as additional information necessary to operate projects to ensure that the goals and purposes of the Plan are achieved.\n\nOptimize  means to follow a reasonable and practical process for developing a plan that returns the greatest excess of benefits, both monetary and non-monetary, over costs.\n\nOutreach  means activities undertaken to inform the public about the Plan and activities associated with implementation of the Plan, and to involve the public in the decision-making process for implementing the Plan.\n\nPerformance measure  means an element or component of the natural system or human environment that is expected to be influenced by the Plan that has been selected to be evaluated or monitored as representative of a class of responses to implementation of the Plan and compared with a level of output that is expected and desired during or following the implementation of the Plan.\n\nPeriodic CERP update  means the evaluation of the Plan that is conducted periodically with new or updated modeling that includes the latest available scientific, technical, and planning information.\n\nPilot project  means a project undertaken to address uncertainties associated with certain components of the Plan such as aquifer storage and recovery, in-ground reservoir technology, seepage management, and wastewater reuse. The purpose of pilot projects is to develop information necessary to better determine the technical feasibility of these components prior to development of a Project Implementation Report.\n\nPilot Project Design Report  means the report that contains the technical information necessary to implement a pilot project.\n\nPilot Project Technical Data Report  means the report that documents the findings and conclusions from the implementation and testing phases of a pilot project.\n\nPlan  means the Comprehensive Everglades Restoration Plan contained in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999, as modified by section 601 of WRDA 2000, and any subsequent modification authorized in law.\n\nPlans and specifications  means the information required to bid and construct the recommended project described in the Project Implementation Report.\n\nPre-CERP baseline  means the hydrologic conditions in the South Florida ecosystem on the date of enactment of WRDA 2000, as modeled by using a multi-year period of record based on assumptions such as land use, population, water demand, water quality, and assumed operations of the Central and Southern Florida Project.\n\nProgram-level activity  means those tasks, activities, or products that support more than one project or that are system-wide in scope.\n\nProgram Management Plan  means the document that describes the activities, tasks, and responsibilities that will be used to produce and deliver the products that comprise a program-level activity.\n\nProject  means a component or group of components of the Plan that are implemented together to provide functional benefits towards achieving the goals and purposes of the Plan.\n\nProject Cooperation Agreement (PCA)  means the legal agreement between the Department of the Army and a non-Federal sponsor that is executed prior to project construction. The Project Cooperation Agreement describes the financial, legal, and other responsibilities for construction, operation, maintenance, repair, rehabilitation, and replacement of a project.\n\nProject Delivery Team  means the inter-agency, interdisciplinary team led by the Corps of Engineers and the non-Federal sponsor that develops the technical products necessary to implement a project.\n\nProject Implementation Report (PIR)  means the report prepared by the Corps of Engineers and the non-Federal sponsor pursuant to section 601(h)(4)(A) of WRDA 2000 and described in section 10.3 of the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999.\n\nProject Management Plan  means the document that describes the activities, tasks, and responsibilities that will be used to produce and deliver the products necessary to implement a project.\n\nProject Operating Manual  means the manual that describes the operating criteria for a project or group of projects of the Plan. The Project Operating Manual is considered a supplement to the System Operating Manual and presents more detailed information on the operation of a specific project or group of projects.\n\nPublic  means any individuals, organizations, or non-Federal unit of government that might be affected by or interested in the implementation of the Plan. The public includes regional, State, and local government entities and officials, public and private organizations, including community-based organizations, Native American (Indian) tribes, and individuals.\n\nQuality control plan  means the plan prepared in accordance with applicable regulations and policies of the Corps of Engineers that describes the procedures that will be employed to insure compliance with all technical and policy requirements of the Corps of Engineers and the non-Federal sponsor.\n\nReservation of water for the natural system  means the actions taken by the South Florida Water Management District or the Florida Department of Environmental Protection, pursuant to Florida law, to legally reserve water from allocation for consumptive use for the protection of fish and wildlife.\n\nRestoration  means the recovery and protection of the South Florida ecosystem so that it once again achieves and sustains those essential hydrological and biological characteristics that defined the undisturbed South Florida ecosystem. As authorized by Congress, the restored South Florida ecosystem will be significantly healthier than the current system; however it will not completely replicate the undisturbed South Florida ecosystem.\n\nRestoration Coordination and Verification (RECOVER)  means the interagency and interdisciplinary scientific and technical team described in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999 and established by the Corps of Engineers and the South Florida Water Management District to: ensure that a system-wide perspective is maintained; ensure the highest quality scientific and technical information is applied throughout the implementation process; and to assess, evaluate, and integrate the projects of the Plan with the overall goal of ensuring that the goals and purposes of the Plan are achieved.\n\nSouth Florida ecosystem  means the area consisting of the land and water within the boundary of the South Florida Water Management District in effect on July 1, 1999, including but not limited to, the Everglades, the Florida Keys, and the contiguous near-shore coastal water of South Florida.\n\nSouth Florida Ecosystem Restoration Task Force (Task Force)  means the task force established pursuant to section 528(f) of WRDA 1996 (110 Stat. 3770).\n\nSouth Florida Water Management District (SFWMD)  means the public body constituted by the State of Florida pursuant to Chapter 373.069 of the Florida Statutes.\n\nState  means the State of Florida.\n\nSystem Operating Manual  means the Operating Manual that provides an integrated system-wide framework for operating all of the implemented projects of the Plan and the Central and Southern Florida Project.\n\nSystem-wide  means pertaining to the Central and Southern Florida Project or the South Florida ecosystem, as a whole.\n\nTechnical review  means the process that confirms that the engineering, economic, environmental, and other aspects of project formulation and design are in accord with appropriate Federal, State, and Corps of Engineers established standards and criteria, regulations, laws, codes, principles, and professional procedures that are necessary to ensure a quality product. Technical review also confirms the constructability and effectiveness of the product and the use of clearly justified and valid assumptions and methodologies.\n\nTechnical Review Team  means the team established by the Corps of Engineers and the non-Federal sponsor to ensure quality control of documents and products produced by the Project Delivery Team through periodic technical reviews of the technical aspects of projects.\n\nWater budget  means an account of all water inflows, outflows, and changes in storage over a period of time.\n\nWater dedicated and managed for the natural system  means the water to be reserved or allocated for the natural system under State law as identified in a Project Implementation Report.\n\nWater made available  means the water expected to be generated pursuant to the implementation of a project of the Plan in accordance with the Project Implementation Report for that project.\n\nWithout CERP condition  means the conditions predicted (forecast) in the South Florida ecosystem without implementation of any of the projects of the Plan.\n\nWRDA 1996  means the Water Resources Development Act of 1996, Public Law 104-303, which was enacted on October 12, 1996.\n\nWRDA 2000  means the Water Resources Development Act of 2000, Public Law 106-541, which was enacted on December 11, 2000."], ["33:33:3.0.1.1.34.1.1.4", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.4 Limitation on applicability of programmatic regulations.", "USACE", "", "", "", "In accordance with section 601(h)(3)(c)(ii) of WRDA 2000, this part expressly prohibits \u201cthe requirement for concurrence by the Secretary of the Interior or the Governor on Project Implementation Reports, Project Cooperation Agreements, Operating Manuals for individual projects undertaken in the Plan, and any other documents relating to the development, implementation, and management of individual features of the Plan, unless such concurrence is provided for in other Federal or State laws.\u201d"], ["33:33:3.0.1.1.34.1.1.5", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.5 Guidance memoranda.", "USACE", "", "", "", "(a)  General.  (1) Technical guidance for internal management of Corps of Engineers personnel during Plan implementation will be normally issued in the form of Engineer Regulations, Circulars, Manuals, or Pamphlets, or other appropriate form of guidance.\n\n(2) Guidance on the following six program-wide subjects shall be promulgated in accordance with paragraphs (b) and (c) of this section:\n\n(i) General format and content of Project Implementation Reports (\u00a7 385.26(a));\n\n(ii) Instructions for formulation and evaluation of alternatives developed for Project Implementation Reports, their cost effectiveness and impacts (\u00a7 385.26(b));\n\n(iii) General content of operating manuals (\u00a7 385.28(a));\n\n(iv) General directions for the conduct of the assessment activities of RECOVER (\u00a7 385.31(b));\n\n(v) Instructions relevant to Project Implementation Reports for identifying the appropriate quantity, timing, and distribution of water to be dedicated and managed for the natural system (\u00a7 385.35(b)); and\n\n(vi) Instructions relevant to Project Implementation Reports for identifying if an elimination or transfer of existing legal sources of water will occur as a result of implementation of the Plan (\u00a7 385.36(b)).\n\n(b)  Special processes for development of six program-wide guidance memoranda.  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 Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, develop the six guidance memoranda described in paragraph (a) of this section for approval by the Secretary of the Army. The Corps of Engineers and the South Florida Water Management District shall also consult with the South Florida Ecosystem Restoration Task Force in the development of these guidance memoranda. The following procedures shall apply to the specific guidance memoranda described in paragraph (a) of this section:\n\n(1) Guidance memoranda shall be consistent with this part, applicable law, and achieving the goals and purposes of the Plan.\n\n(2) The Secretary of the Army shall afford the public an opportunity to comment on each guidance memorandum prior to approval through the issuance of a notice of availability in the  Federal Register.\n\n(3) Approved guidance memoranda shall be made available to the public.\n\n(4) The guidance memoranda specifically referenced in this part shall be developed by December 13, 2004.\n\n(5) The six guidance memoranda described in paragraph (a) of this section shall be developed with the concurrence of the Secretary of the Interior and the Governor. Within 180 days after being provided with the final guidance memorandum, or such shorter period that the Secretary of the Interior and the 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 proposed guidance memorandum. A failure to provide a written statement of concurrence or non-concurrence within such time frame shall be deemed as meeting the concurrency requirements 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 guidance memorandum. Any nonconcurrency statement shall specifically detail the reason or reasons for the non-concurrence. If the six guidance memoranda described in paragraph (a) of this section create a special procedure for any individual Project Implementation Report, a specific Project Cooperation Agreement, an Operating Manual for a specific project component, or any other document relating to the development, implementation, and management of one specific individual feature of the Plan, this section does not require concurrence or non-concurrence on that special procedure. In lieu of concurrence or non-concurrence on such a special procedure, the Secretary of the Army shall consult with the Secretary of the Interior and the Governor.\n\n(6) The Secretary of the Army shall consider incorporating into the regulations of this part the guidance memoranda specifically referenced in this section during future reviews and revisions of the regulations of this part.\n\n(c)  Revisions to six Program-wide guidance memoranda.  The Secretary of the Army may, whenever the Secretary believes it is necessary, and 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 South Florida Water Management District, the Florida Department of Environmental Protection, other Federal, State, and local agencies, and the public, revise guidance memoranda that have been completed. Such revisions shall be developed and approved consistent with the provisions of paragraph (b) of this section. Revisions to the six guidance memoranda described in paragraph (a) of this section shall be made following the same concurrence process as in paragraph (b)(5) of this section.\n\n(d)  Other guidance.  Nothing in this part shall be considered or construed to preclude the ability of the Corps of Engineers, the South Florida Water Management District, and other non-Federal sponsors from issuing other guidance or policy to assist in implementing the Plan. Any such guidance or policy shall be consistent with applicable law, policy, and regulations."], ["33:33:3.0.1.1.34.1.1.6", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.6 Review of programmatic regulations.", "USACE", "", "", "", "(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 Secretary of the Army shall place appropriate notice in the  Federal Register  upon initiating review of the regulations of this part.\n\n(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.\n\n(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."], ["33:33:3.0.1.1.34.1.1.7", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "A", "Subpart A\u2014General Provisions", "", "\u00a7 385.7 Concurrency statements.", "USACE", "", "", "", "The administrative record of the programmatic regulations in this part contains a copy of the concurrency statements by the Secretary of the Interior and the Governor to the Secretary of the Army. The concurrency statements can be obtained from the Army Corps of Engineers, Jacksonville District, 701 San Marco Blvd., Jacksonville, Florida 32207, or by accessing the programmatic regulations Web page at:  http://www.evergladesplan.org/pm/progr_regs_final_rule.cfm."], ["33:33:3.0.1.1.34.2.1.1", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "B", "Subpart B\u2014Program Goals and Responsibilities", "", "\u00a7 385.8 Goals and purposes of the Comprehensive Everglades Restoration Plan.", "USACE", "", "", "", "(a) The Comprehensive Everglades Restoration Plan (CERP) is a framework for modifications and operational changes to the Central and Southern Florida Project. The overarching objective of the Plan is the restoration, preservation, and protection of the South Florida ecosystem while providing for other water-related needs of the region, including water supply and flood protection.\n\n(b) The Corps of Engineers, 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 Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, implement the Plan, as authorized by Congress, to ensure the protection of water quality in, the reduction of the loss of fresh water from, and the improvement of the environment of the South Florida ecosystem and to achieve and maintain the benefits to the natural system and human environment described in the Plan, and required pursuant to section 601 of WRDA 2000, for as long as the project is authorized.\n\n(c) The goal of the Plan is to restore, preserve, and protect the South Florida ecosystem while providing for other water-related needs of the region. The Plan is designed to accomplish this by providing the quantity, quality, timing, and distribution of water necessary to achieve and sustain those essential hydrological and biological characteristics that defined the undisturbed South Florida ecosystem. As authorized by Congress, the restored South Florida ecosystem will be significantly healthier than the current system; however it will not completely replicate the undisturbed South Florida ecosystem and some areas may more closely replicate the undisturbed ecosystem than others. Initial modeling showed that most of the water generated by the Plan would go to the natural system in order to attain restoration goals, and the remainder of the water would go for use in the human environment. The Corps of Engineers, the South Florida Water Management District, and other non-Federal sponsors shall ensure that Project Implementation Reports identify the appropriate quantity, timing, and distribution of water to be dedicated and managed for the natural system that is necessary to meet the restoration goals of the Plan. In accordance with the \u201cComprehensive Everglades Restoration Plan Assurance of Project Benefits Agreement,\u201d dated January 9, 2002 pursuant to section 601(h)(2) of WRDA 2000, the South Florida Water Management District or the Florida Department of Environmental Protection shall make sufficient reservations of water for the natural system under State law in accordance with the Project Implementation Report for that project and consistent with the Plan before water made available by a project is permitted for a consumptive use or otherwise made unavailable.\n\n(d) The Corps of Engineers and non-Federal sponsors shall implement the Plan in a manner to continuously improve the expected performance level 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 adaptive assessment principles contained in the Plan; and future authorized changes to the Plan integrated into the implementation of the Plan."], ["33:33:3.0.1.1.34.2.1.2", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "B", "Subpart B\u2014Program Goals and Responsibilities", "", "\u00a7 385.9 Implementation principles.", "USACE", "", "", "", "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 Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, conduct activities, including program-level activities, necessary to implement the Plan. Such activities shall be conducted as part of an integrated implementation program, in accordance with this part, and based on the following principles:\n\n(a) Individual projects shall be formulated, evaluated, and justified based on their ability to contribute to the goals and purposes of the Plan and on their ability to provide benefits that justify costs on a next-added increment basis.\n\n(b) Interim goals shall be established in accordance with \u00a7 385.38 to provide a means for evaluating restoration success of the Plan at specific time intervals during implementation. Interim targets to evaluate progress on providing for other water-related needs of the region provided for in the Plan shall be established in accordance with \u00a7 385.39. Interim goals and interim targets shall be consistent with each other.\n\n(c) Endorsement of the Plan as a restoration framework is not intended as a constraint on innovation during implementation through the adaptive management process. Continuous improvement of the Plan shall be sought to ensure that 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 are integrated into the implementation of the Plan. The adaptive management process provides a means for analyzing the performance of the Plan and assessing progress towards meeting the goals and purposes of the Plan as well as a basis for improving the performance of the Plan. Improving the performance of the Plan means enhancing the benefits of the Plan in terms of restoration of the natural system while providing for other water-related needs of the region, including water supply and flood protection."], ["33:33:3.0.1.1.34.2.1.3", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "B", "Subpart B\u2014Program Goals and Responsibilities", "", "\u00a7 385.10 Implementation responsibilities, consultation, and coordination.", "USACE", "", "", "", "(a)  Implementing agencies.  Implementation of the Plan shall be the responsibility of the Corps of Engineers and the non-Federal sponsors.\n\n(b)  Consultation \u2014(1)  Consultation with tribes.  (i) In addition to any other applicable provision for consultation with Native American Tribes, including but not limited to, laws, regulations, executive orders, and policies the Corps of Engineers and non-Federal sponsors shall consult with and seek advice from the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida throughout the implementation process to ensure meaningful and timely input by tribal officials regarding programs and activities covered by this part. Consultation with the tribes shall be conducted on a government-to-government basis.\n\n(ii) In carrying out their responsibilities under section 601 of WRDA 2000 with respect to the restoration of the South Florida ecosystem, the Secretary of the Army and the Secretary of the Interior shall fulfill any obligations to the Indian tribes in South Florida under the Indian trust doctrine as well as other applicable legal obligations.\n\n(2)  Consultation with agencies.  The Corps of Engineers and non-Federal sponsors shall consult with and seek advice from the Department of the Interior, the Environmental Protection Agency, the Department of Commerce, the Florida Department of Environmental Protection, and other Federal, State, and local agencies throughout the implementation process to ensure meaningful and timely input by those agencies regarding programs and activities covered under this part. The time for, and extent of, consultation shall be appropriate for, and limited by, the activity involved.\n\n(c)  Coordination.  The Corps of Engineers and the non-Federal sponsor shall coordinate implementation activities and the preparation of documents with other Federal, State, and local agencies and the tribes to fulfill the requirements of all applicable Federal and State laws, including but not limited to, the Fish and Wildlife Coordination Act, the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the National Historic Preservation Act, the Coastal Zone Management Act, the Marine Mammal Protection Act, and the Endangered Species Act.\n\n(d)  Timeliness obligations of consultation.  Consultation involves reciprocal obligations: on the part of the Corps of Engineers and the non-Federal sponsor to involve agencies, tribes, and the public at an early stage and in such a way to ensure meaningful consultation, and on the part of the parties consulted to respond in a timely and meaningful fashion so that the implementation of the Plan is not jeopardized and so that delays do not result in other adverse consequences to restoration of the natural system, to the other goals and purposes of the Plan, or to the public interest generally. Prescribed time limits set by regulation are too inflexible for the entire consultation process. It is expected that the Corps of Engineers and the non-Federal sponsor will set reasonable time limits for consultation on specific decisions consistent with the purposes of this part and that the parties will consult in a timely and meaningful way. The Corps of Engineers and the non-Federal sponsor recognize that the time limits established for each specific decision will be proportionate to the complexity of the decision and will take into account the resources of the entity with whom the consultation is occurring in order to allow consultation to occur in a meaningful way. This part does not intend for a delay in consultation to be used as a de facto veto power. This part authorizes the Corps of Engineers and the non-Federal sponsor to set reasonable limits on the amount of time for consultation. In setting reasonable time limits, the agencies and tribes may consider relevant considerations such as sequencing of projects, planning, contracting and funding, and any factor listed for setting time limits for consulting under the National Environmental Policy Act (NEPA) (40 CFR 1501.8), including but not limited to, the nature and size of the proposed action, the degree to which relevant information is known or obtainable, the degree to which the action is controversial, the state of the art of analytical techniques, the number of persons affected, and the consequences of delay. In engaging in consultation, the Corps of Engineers and non-Federal sponsor shall inform the agencies, tribes, and public of the ending date for consultation. In addition, the agencies and tribes should adhere to all time limits imposed by law, regulations or executive order. In appropriate circumstances, the Corps of Engineers and the non-Federal sponsor may extend the time for consultation upon a showing that delays will not result in adverse consequences to the implementation of the Plan, to the restoration of the natural system, to the other goals and purposes of the Plan, or to the public interest and that relevant considerations justify a longer time. Failure of an agency, tribe or the public to engage in consultation with the Corps of Engineers and the non-Federal sponsor, or file comments in, a timely and meaningful way shall not be a sufficient reason for extending a consultation or comment period. Nothing in this part is intended to alter existing time limits established by statute or other regulations.\n\n(e)  South Florida Ecosystem Restoration Task Force.  The Department of the Army recognizes the valuable role that the South Florida Ecosystem Restoration Task Force (Task Force), its working group, and its other advisory bodies play in the discussion and resolution of issues related to the South Florida ecosystem. The Corps of Engineers and the South Florida Water Management District regularly brief the Task Force on the Plan and regularly serve on the working group and other advisory bodies. The Corps of Engineers and the South Florida Water Management District and other non-Federal sponsors shall continue to provide information to, and consult with, the South Florida Ecosystem Restoration Task Force, the Florida-based working group, and advisory bodies to the Task Force as appropriate throughout the implementation process for the Plan. In addition to consultation with the Task Force specified elsewhere in this part, the Corps of Engineers and the South Florida Water Management District shall consult with the South Florida Ecosystem Restoration Task Force, its working group, and its advisory bodies, on other matters related to the implementation of the Plan, as the Task Force from time to time may request. Pursuant to the provisions of WRDA 1996, the Task Force shall provide general input concerning the implementation of the Plan. The Task Force shall provide recommendations to the Secretary of the Army regarding the implementation of the Plan, as provided in this part. The Secretary of the Army shall notify the Task Force to ensure it is afforded an opportunity to review and provide recommendations on reports and products, including but not limited to, interim goals and interim targets, Project Implementation Reports, Pilot Project Design Reports, Pilot Project Technical Data Reports, the pre-CERP baseline, assessment reports, guidance memoranda, Master Implementation Sequencing Plan, Comprehensive Plan Modification Reports, periodic CERP updates, and reports to Congress prepared pursuant to \u00a7 385.40."], ["33:33:3.0.1.1.34.3.1.1", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.11 Implementation process for projects.", "USACE", "", "", "", "Generally, the Corps of Engineers and non-Federal sponsors shall develop and implement projects in accordance with the process that is shown in figure 1 in Appendix A of this part. Typical steps in this process involve:\n\n(a)  Project Management Plan.  The Project Management Plan describes the activities, tasks, and responsibilities that will be used to produce and deliver the products necessary to implement the project.\n\n(b)  Project Implementation Report.  The Project Implementation Report provides information on plan formulation and evaluation, engineering and design, estimated benefits and costs, and environmental effects to bridge the gap between the conceptual design included in the Plan and the detailed design necessary to proceed to construction. The Project Implementation Reports will also set forth additional information and analyses necessary for the Secretary of the Army or Congress to approve the project for implementation.\n\n(c)  Plans and specifications.  During this phase, final design of the project is completed and plans and specifications are prepared. Plans and specifications contain the information necessary to bid and construct the project.\n\n(d)  Real estate acquisition.  The lands, easements, and rights-of way, and relocations necessary for the project are acquired prior to construction.\n\n(e)  Construction.  This phase is the actual construction of a project's components and includes an interim operation and monitoring period to ensure that the project operates as designed.\n\n(f)  Operation.  After construction of the project has been completed, it is operated in accordance with the System Operating Manual and the Project Operating Manual.\n\n(g)  Monitoring and assessment.  After the project has been constructed, monitoring is conducted as necessary to assess the effectiveness of the project and to provide information that will be used for the adaptive management program."], ["33:33:3.0.1.1.34.3.1.10", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.20 Restoration Coordination and Verification (RECOVER).", "USACE", "", "", "", "(a) RECOVER (Restoration Coordination and Verification) is an interagency and interdisciplinary scientific and technical team described in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d 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.\n\n(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.\n\n(c) The Corps of Engineers and the South Florida Water Management District shall encourage the participation 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.\n\n(1) In general, participation on RECOVER shall be the financial responsibility of the participating agency or tribe.\n\n(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.\n\n(d) The Corps of Engineers and the South Florida Water Management District shall:\n\n(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\n\n(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:\n\n(i) Environmental Protection Agency;\n\n(ii) National Oceanic and Atmospheric Administration;\n\n(iii) U.S. Fish and Wildlife Service;\n\n(iv) U.S. Geological Survey;\n\n(v) National Park Service;\n\n(vi) Miccosukee Tribe of Indians of Florida;\n\n(vii) Seminole Tribe of Florida;\n\n(viii) Florida Department of Agriculture and Consumer Services;\n\n(ix) Florida Department of Environmental Protection; and\n\n(x) Florida Fish and Wildlife Conservation Commission.\n\n(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.\n\n(e) RECOVER shall perform assessment, evaluation, and planning and integration activities as described in this paragraph.\n\n(1)  Assessment activities.  In accordance with \u00a7 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:\n\n(i) Developing proposed assessment performance measures for assessing progress towards the goals and purposes of the Plan;\n\n(ii) Developing a proposed monitoring plan to support the adaptive management program;\n\n(iii) Conducting monitoring and assessment activities as part of the adaptive management program to assess the actual performance of the Plan;\n\n(iv) Developing recommendations for interim goals in accordance with \u00a7 385.38;\n\n(v) Assessing progress towards achieving the interim goals established pursuant to \u00a7 385.38;\n\n(vi) Developing recommendations for interim targets in accordance with \u00a7 385.39;\n\n(vii) Assessing progress towards achieving the interim targets established pursuant to \u00a7 385.39; and\n\n(viii) Cooperating with the independent scientific review panel and external peer review in accordance with \u00a7 385.22.\n\n(2)  Evaluation activities.  In accordance with \u00a7 385.26(c) and \u00a7 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:\n\n(i) Developing proposed evaluation performance measures for evaluating alternative plans developed for the Project Implementation Report;\n\n(ii) Conducting evaluations of alternative plans developed for Project Implementation Reports and Comprehensive Plan Modification Reports; and\n\n(iii) Supporting development and refinement of predictive models and tools used in the evaluation of alternate plans developed by the Project Delivery Teams.\n\n(3)  Planning and integration activities.  RECOVER shall conduct planning and integration activities, in accordance with \u00a7 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:\n\n(i) Developing and refining conceptual and predictive models and tools in support of the integration of new science into the adaptive management program;\n\n(ii) Reviewing and synthesizing new information and science that could have an effect on the Plan;\n\n(iii) Developing proposed refinements and improvements in the design or operation of the Plan during all phases of implementation;\n\n(iv) Preparing technical information to be used in the development of the periodic reports to Congress prepared pursuant to \u00a7 385.40; and\n\n(v) Analyzing proposed revisions to the Master Implementation Sequencing Plan.\n\n(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.\n\n(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 \u00a7 385.22(b)."], ["33:33:3.0.1.1.34.3.1.11", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.21 Quality control.", "USACE", "", "", "", "(a) The Corps of Engineers and the non-Federal sponsor shall prepare a quality control plan, in accordance with applicable Corps of Engineers regulations, for each product that will be produced by a Project Delivery Team. The quality control plan shall be included in the Project Management Plan and shall describe the procedures to be used to ensure compliance with technical and policy requirements during implementation.\n\n(b) During development of the Project Management Plan for each project, the Corps of Engineers and the non-Federal sponsor shall establish a Technical Review Team to conduct reviews to ensure that products are consistent with established criteria, guidance, procedures, and policy. The members of the Technical Review Team shall be independent of the Project Delivery Team and the project being reviewed, and should be knowledgeable of design criteria established for the Plan.\n\n(c) Technical review is intended to be a continuous process throughout project implementation. The Technical Review Team shall document its actions and recommendations and provide reports to the Project Delivery Team at designated points during the implementation process that shall be described in the quality control plan."], ["33:33:3.0.1.1.34.3.1.12", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.22 Independent scientific review and external peer review.", "USACE", "", "", "", "(a)  The independent scientific review panel required by section 601(j).  (1) Section 601(j) of WRDA 2000 requires that the Secretary of the Army, the Secretary of the Interior, and the Governor, in consultation with the South Florida Ecosystem Restoration Task Force, establish an independent scientific review panel, convened by a body, such as the National Academy of Sciences, to review the Plan's progress toward achieving the natural system restoration goals of the Plan. Section 601(j) also directs that this panel produce a biennial report to Congress, the Secretary of the Army, the Secretary of the Interior, and the Governor that includes an assessment of ecological indicators and other measures of progress in restoring the ecology of the natural system, based on the Plan.\n\n(2) To carry out section 601(j), the Department of the Army, the Department of the Interior, and the State shall establish an independent scientific review panel to conduct on-going review of the progress achieved by the implementation of the Plan in achieving the restoration goals of the Plan and shall provide the panel with the resources and cooperation necessary to ensure that the panel is able to function effectively.\n\n(3) Not later than June 14, 2004, the Secretary of the Army, the Secretary of the Interior, and the Governor, in consultation with the South Florida Ecosystem Restoration Task Force, shall enter into a five-year agreement, with options for extensions in five-year increments, with the National Academy of Sciences to convene this panel.\n\n(4) The Department of the Army, the Department of the Interior, and the State expect that the National Academy of Sciences will use established practices for assuring the independence of members and that the review panel will include members reflecting a balance of the knowledge, training, and experience suitable to comprehensively review and assess progress towards achieving natural system restoration goals of the Plan.\n\n(5) To ensure the independence of the section 601(j) panel, its sole mission shall be to review the Plan's progress toward achieving the natural system restoration goals of the Plan and to produce a biennial report to Congress, the Secretary of the Army, the Secretary of the Interior, and the Governor that includes an assessment of ecological indicators and other measures of progress in restoring the ecology of the natural system, based on the Plan. The Secretary of the Army, the Secretary of the Interior, the Governor, and the South Florida Ecosystem Restoration Task Force and its members, shall not attempt to influence the panel's review or assign this panel any other tasks, nor request any advice on any other matter, nor shall this panel accept any other tasks nor provide advice on any other matter, to any entity, whether Federal, State or local, whether public or private.\n\n(6) Before final establishment of the panel, the Department of the Army, the Department of the Interior, and the State, in consultation with the South Florida Ecosystem Restoration Task Force, shall be afforded the opportunity to review the list of panel members convened by the National Academy of Sciences.\n\n(7) The agreement shall recognize that the Department of the Army, the Department of the Interior, and the State retain the right and ability to establish other independent scientific review panels or external peer reviews when deemed necessary by those agencies for conducting specific scientific and technical reviews.\n\n(8) The Department of the Army, the Department of the Interior, and the State of Florida shall share the panel's costs. The Department of the Army and the Department of the Interior shall enter into a separate Memorandum of Agreement that will specify how the Federal agencies will pay the Federal share of these costs. The State's fifty percent share shall be accounted for in the design agreement between the Corps of Engineers and the South Florida Water Management District.\n\n(9) The panel shall produce a biennial report to Congress, the Secretary of the Army, the Secretary of the Interior, and the Governor, pursuant to section 601(j) of WRDA 2000, that includes an assessment of ecological indicators and other measures of progress in restoring the ecology of the natural system, based on the Plan.\n\n(10) The Corps of Engineers and the South Florida Water Management District and other non-Federal sponsors shall cooperate with the independent scientific review panel, including responding to reasonable requests for information concerning the implementation of the Plan.\n\n(11) The Secretary of the Army, the Secretary of the Interior, and the Governor shall consult with the South Florida Ecosystem Restoration Task Force in their decision to exercise each five-year option to extend the agreement with the National Academy of Sciences. Upon expiration of the agreement, the Secretary of the Army, the Secretary of the Interior, and the Governor shall consult the South Florida Ecosystem Restoration Task Force in selection of another body to convene the independent scientific review panel required by section 601(j) of WRDA 2000.\n\n(b)  External peer review.  (1) The Department of the Army, the Department of the Interior, the South Florida Water Management District, and other Federal, State, and local agencies, the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida may initiate an external peer review process to review documents, reports, procedures, or to address specific scientific or technical questions or issues relating to their jurisdiction.\n\n(2) In accordance with \u00a7 385.12(d), draft Pilot Project Technical Reports shall be externally peer reviewed.\n\n(3) In accordance with \u00a7 385.31(b), draft assessment reports prepared for the adaptive management program shall be externally peer reviewed."], ["33:33:3.0.1.1.34.3.1.13", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.23 Dispute resolution.", "USACE", "", "", "", "(a) Disputes with the non-Federal sponsor concerning a Project Cooperation Agreement shall be resolved under the specific dispute resolution procedures of that Project Cooperation Agreement.\n\n(b) Disputes with the non-Federal sponsor concerning design activities shall be resolved under the specific dispute resolution procedures of the design agreement.\n\n(c) All other unresolved issues with the non-Federal sponsor and disputes with the State associated with the implementation of the Plan shall be resolved according to the terms of the Dispute Resolution Agreement executed on September 9, 2002 pursuant to section 601(i) of WRDA 2000.\n\n(d) For disputes with parties not covered by the provisions of paragraphs (a), (b), or (c) of this section, the Corps of Engineers shall attempt to resolve the dispute in accordance with applicable statutory requirements and/or the following procedures:\n\n(1) The parties will attempt to resolve disputes at the lowest organizational level before seeking to elevate a dispute.\n\n(2) Any disputed matter shall first be elevated to the District Engineer and the equivalent official of the other agency, or their designees. The parties may decide to continue to elevate the dispute to higher levels within each agency.\n\n(3) The parties to a dispute may agree to participate in mediation.\n\n(4) When a dispute is resolved the parties shall memorialize the resolution in writing."], ["33:33:3.0.1.1.34.3.1.14", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.24 Project Management Plans.", "USACE", "", "", "", "(a)  General requirements.  (1) The Corps of Engineers and the non-Federal sponsor 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, develop a Project Management Plan prior to initiating activities on a project.\n\n(2) The Project Management Plan shall define the activities, and where appropriate, the subordinate tasks, as well as the assignment of responsibility for completing products and activities such as Project Implementation Reports, Pilot Project Design Reports, plans and specifications, real estate acquisition, construction contracts and construction, Comprehensive Plan Modification Reports, and other activities necessary to support implementation of the Plan.\n\n(3) The Project Management Plan shall include a quality control plan, as described in \u00a7 385.21.\n\n(4) As appropriate, the Project Management Plan shall include activities to be conducted to meet the requirements of the Fish and Wildlife Coordination Act, as described in \u00a7 385.26(e).\n\n(5) The Project Management Plan shall provide schedule and funding information for the project.\n\n(6) In accordance with \u00a7 385.18, Corps of Engineers and the non-Federal sponsor shall provide opportunities for the public to review and comment on the Project Management Plan.\n\n(b)  Revisions to Project Management Plans.  The Corps of Engineers and the non-Federal sponsor may, 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, revise the Project Management Plan whenever necessary, including after completion of the Project Implementation Report, or Plans and Specifications. In accordance with \u00a7 385.18, the Corps of Engineers and the non-Federal sponsor shall provide opportunities for the public to review and comment on revisions to the Project Management Plan."], ["33:33:3.0.1.1.34.3.1.15", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.25 Program Management Plans.", "USACE", "", "", "", "(a)  General requirements.  (1) The Corps of Engineers and the non-Federal sponsor 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, develop a Program Management Plan prior to initiating a program-level activity.\n\n(2) The Program Management Plan shall define the activities, and where appropriate, the subordinate tasks, as well as the assignment of responsibility for completing products developed in support to program-level activities.\n\n(3) In accordance with \u00a7 385.18, Corps of Engineers and the non-Federal sponsor shall provide opportunities for the public to review and comment on the Program Management Plan.\n\n(b)  Revisions to Program Management Plans.  The Corps of Engineers and the non-Federal sponsor may, 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, revise the Program Management Plan whenever necessary to incorporate new or changed information that affects the scope, schedule, or budget of the activities described in the Program Management Plan. In accordance with \u00a7 385.18, the Corps of Engineers and the non-Federal sponsor shall provide opportunities for the public to review and comment on revisions to the Program Management Plan."], ["33:33:3.0.1.1.34.3.1.16", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.26 Project Implementation Reports.", "USACE", "", "", "", "(a)  General requirements.  (1) The Project Implementation Report is a document that provides information on plan formulation and evaluation, engineering and design, estimated benefits and costs, environmental effects, and the additional information and analysis necessary for the Secretary of the Army to approve the project for implementation, or for Congress to authorize the project for implementation. The Project Implementation Report bridges the gap between the conceptual level of detail contained in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999 and the detailed design necessary to prepare plans and specifications required to proceed to construction. Prior to requesting approval or authorization for the implementation of a project, the Corps of Engineers and the non-Federal sponsor 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, complete a Project Implementation Report addressing the project's justification in accordance with section 601(f)(2) of WRDA 2000, and other factors required by section 601(h)(4)(A) of WRDA 2000. To eliminate duplication with State and local procedures, the Project Implementation Report shall also address the factors of relevant State laws, including sections 373.1501 and 373.470 of the Florida Statutes.\n\n(2) Before completion of the draft Project Implementation Report, the Corps of Engineers and the non-Federal sponsor shall provide the South Florida Ecosystem Restoration Task Force with information about the alternative plans developed and evaluated for the Project Implementation Report.\n\n(3) The Project Implementation Report shall:\n\n(i) Be consistent with the Plan and applicable law, policy, and regulation, including the Principles and Guidelines of the Water Resources Council, as modified by section 601(f)(2)(A) of WRDA 2000;\n\n(ii) Be based on the best available science;\n\n(iii) Comply with all applicable Federal, State, and Tribal laws;\n\n(iv) Contain sufficient information for proceeding to final design of the project, such as: additional plan formulation and evaluation, environmental and/or economic benefits, engineering and design, costs, environmental impacts, real estate requirements, and the preparation of the appropriate National Environmental Policy Act documentation;\n\n(v) Contain the information necessary to determine that the activity is justified by the environmental benefits derived by the South Florida ecosystem in accordance with section 601(f)(2)(A) and/or that the benefits of the project are commensurate with costs, and that the project is cost-effective;\n\n(vi) Comply, in accordance with section 601(b)(2)(A)(ii) of WRDA 2000, with applicable water quality standards and applicable water quality permitting requirements;\n\n(vii) Identify, in accordance with \u00a7 385.35, the appropriate quantity, timing, and distribution of water dedicated and managed for the natural system;\n\n(viii) Identify, in accordance with \u00a7 385.35, the amount of water to be reserved or allocated for the natural system under State law necessary to implement the provisions in paragraphs (a)(3)(vi) and (vii) of this section;\n\n(ix) Identify the quantity, timing, and distribution of water made available for other water-related needs of the region;\n\n(x) Determine, in accordance with \u00a7 385.36, if existing legal sources of water are to be eliminated or transferred;\n\n(xi) Determine, in accordance with \u00a7 385.37(b) that implementation of the selected alternative will not reduce levels of service for flood protection that:\n\n(A) Were in existence on the date of enactment of section 601 of WRDA 2000; and\n\n(B) Are in accordance with applicable law; and consider, as appropriate, in accordance with \u00a7 385.37(c), opportunities to provide additional flood protection;\n\n(xii) Include an assessment of the monetary and non-monetary benefits and costs, optimization and justification, cost-effectiveness, and engineering feasibility of the project;\n\n(xiii) Include a discussion of any significant changes in cost or scope of the project from that presented in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999;\n\n(xiv) Include an analysis, prepared by RECOVER as described in paragraph (c) of this section, of the project's contributions towards achieving the goals and purposes of the Plan, including, as appropriate, suggestions for improving the performance of the alternative plans;\n\n(xv) Describe how the project contributes to the achievement of interim goals established pursuant to \u00a7 385.38 and the interim targets established pursuant to \u00a7 385.39;\n\n(xvi) Include, in accordance with \u00a7 385.28(c), a draft Project Operating Manual as an appendix; and\n\n(xvii) Include, as appropriate, information necessary for the non-Federal sponsor to address the requirements of Chapter 373 of the Florida Statutes, and other applicable planning and reporting requirements of Florida law.\n\n(4) The Corps of Engineers and the non-Federal sponsor shall develop the Project Implementation Report generally in accordance with the process shown in figure 2 in Appendix A of this part.\n\n(5) The Corps of Engineers and the South Florida Water Management District shall develop a guidance memorandum in accordance with \u00a7 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 major tasks that are generally needed to prepare a Project Implementation Report and the format and content of a Project Implementation Report.\n\n(b)  Formulation and evaluation.  In preparing a Project Implementation Report, the Corps of Engineers and the non-Federal sponsor shall formulate and evaluate alternative plans to optimize the project's contributions towards achieving the goals and purposes of the Plan, and to develop justified and cost-effective ways to achieve the benefits of the Plan.\n\n(1)  General.  The Corps of Engineers and the South Florida Water Management District shall develop a guidance memorandum in accordance with \u00a7 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 formulate and evaluate alternative plans and their associated monetary and non-monetary benefits and costs, determine cost-effectiveness and optimize the project's contribution towards achieving the goals and purposes of the Plan, and the basis for justifying and selecting an alternative to be recommended for implementation. The guidance memorandum shall also provide a process for evaluating projects that are outside the boundary of regional computer models or projects whose effects cannot be captured in regional computer models. Project Implementation Reports approved by the Secretary of the Army before December 12, 2003 or before the development of the guidance memorandum may use whatever method that, in the Secretary of the Army's discretion, is deemed appropriate and is consistent with applicable law, policy, and regulations.\n\n(2)  Project formulation and evaluation.  The guidance memorandum shall describe the process for formulating and evaluating alternative plans for their ability to optimize contributions for achieving the goals and purposes of the Plan. The guidance memorandum shall describe the process for including each alternative plan with all of the other components of the Plan and evaluating the total monetary and non-monetary benefits and costs of the resulting comprehensive plan when compared to the without CERP condition. In formulating alternative plans to be evaluated, the project as described in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999 shall be included as one of the alternative plans that is evaluated. For the selected plan, the guidance memorandum shall also describe the process for evaluating that plan as the next-added increment of the Plan.\n\n(3)  Identification of selected alternative plan.  The guidance memorandum shall also include a process for identification of a selected alternative plan, based on the analyses conducted in paragraph (b)(2) of this section. The alternative plan to be selected should be the plan that maximizes net benefits, both monetary and non-monetary, on a system-wide basis, provided that this plan is justified on a next-added increment basis. Alternative plans that are not justified on a next-added increment basis shall not be selected. The guidance memorandum shall describe an iterative process for evaluating and/or combining alternative options until an alternative is identified that maximizes net benefits while still providing benefits that justify costs on a next-added increment basis.\n\n(c)  RECOVER performance evaluation of alternative plans.  (1) Prior to the identification of a selected alternative plan, RECOVER shall evaluate the performance of alternative plans towards achieving the goals and purposes of the Plan.\n\n(2) RECOVER shall prepare information for the Project Delivery Team describing the results of the evaluations of alternative plans developed for the Project Implementation Report towards achieving the goals and purposes of the Plan, including, as appropriate, suggestions for improving the performance of the alternative plans.\n\n(d)  NEPA documentation for Project Implementation Reports.  (1) The Corps of Engineers and the non-Federal sponsor shall prepare the appropriate NEPA document to accompany the Project Implementation Report. The NEPA document shall contain an analysis of the effects of the alternatives formulated for the Project Implementation Report. The NEPA document for the Project Implementation Report shall use the Programmatic Environmental Impact Statement included in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999, as appropriate, for the purpose of tiering as described in \u00a7 230.14(c) of this chapter.\n\n(2) The District Engineer shall prepare the Record of Decision for Project Implementation Reports. Review and signature of the Record of Decision shall follow the same procedures as for review and approval of feasibility reports in \u00a7 230.14 of this chapter and other applicable Corps of Engineers regulations.\n\n(e)  Fish and Wildlife Coordination Act requirements.  (1) The Corps of Engineers and the non-Federal sponsor shall coordinate with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Fish and Wildlife Conservation Commission, and other appropriate agencies in the preparation of a Project Implementation Report, as required by applicable law.\n\n(2) The Project Management Plan shall include a discussion of activities to be conducted for compliance with the Fish and Wildlife Coordination Act and other applicable laws.\n\n(3) Consistent with applicable law, policy, and regulations, coordination shall include preparation of the following documents as shown in figure 2 in Appendix A of this part:\n\n(i) Planning Aid Letter that describes issues and opportunities related to the conservation and enhancement of fish and wildlife resources; and\n\n(ii) Draft and final Fish and Wildlife Coordination Act Reports that provide the formal views and recommendations of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, and the Florida Fish and Wildlife Conservation Commission on alternative plans.\n\n(f)  Project Implementation Report review and approval process.  (1) The Corps of Engineers and the non-Federal sponsor shall provide opportunities for the public to review and comment on the draft Project Implementation Report and NEPA document, in accordance with \u00a7 385.18 and applicable law and Corps of Engineers policy.\n\n(2) The Project Implementation Report shall contain an appropriate letter of intent from the non-Federal sponsor indicating concurrence with the recommendations of the Project Implementation Report.\n\n(3) Upon the completion of the Project Implementation Report and NEPA document, the District Engineer shall submit the report and NEPA document to the Division Engineer.\n\n(4) Upon receipt and approval of the Project Implementation Report the Division Engineer shall issue a public notice announcing completion of the Project Implementation Report based upon:\n\n(i) The Division Engineer's endorsement of the findings and recommendations of the District Engineer; and\n\n(ii) The Division Engineer's assessment that the project has been developed and the report 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.\n\n(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 Project Implementation Report, and as appropriate, file the Environmental Impact Statement with the Environmental Protection Agency.\n\n(6) After completion of the review and other requirements of law and policy, the Chief of Engineers shall submit the Project Implementation Report and the Chief of Engineers' recommendations on the project to the Assistant Secretary of the Army for Civil Works.\n\n(7) The Assistant Secretary of the Army for Civil Works shall review all Project Implementation Reports, and shall, prior to either approving them or submitting the Assistant Secretary's recommendations to Congress, coordinate the project and proposed recommendations with the Office of Management and Budget.\n\n(i) For projects authorized by section 601(c) of WRDA 2000, the Assistant Secretary of the Army for Civil Works shall review and approve the Project Implementation Report prior to implementation of the project.\n\n(ii) For projects authorized by section 601(b)(2)(C) of WRDA 2000, the Assistant Secretary of the Army for Civil Works shall review the Project Implementation Report prior to submitting the Assistant Secretary's recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate for approval.\n\n(iii) For all other projects, the Assistant Secretary of the Army for Civil Works shall review the Project Implementation Report prior to submitting the Assistant Secretary's recommendations regarding authorization to Congress."], ["33:33:3.0.1.1.34.3.1.17", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.27 Project Cooperation Agreements.", "USACE", "", "", "", "(a)  General.  Prior to initiating construction or implementation of a project, the Corps of Engineers shall execute a Project Cooperation Agreement with the non-Federal sponsor in accordance with applicable law.\n\n(b)  Verification of water reservations.  The Project Cooperation Agreement shall include a finding that the South Florida Water Management District or the Florida Department of Environmental Protection has executed under State law the reservation or allocation of water for the natural system as identified in the Project Implementation Report. Prior to execution of the Project Cooperation Agreement, the District Engineer shall verify in writing that the South Florida Water Management District or the Florida Department of Environmental Protection has executed under State law the reservation or allocation of water for the natural system as identified in the Project Implementation Report. The District Engineer's verification shall provide the basis for the finding in the Project Cooperation Agreement and be made available to the public.\n\n(c)  Changes to water reservations.  Reservations or allocations of water are a State responsibility. Any change to the reservation or allocation of water for the natural system made under State law shall require an amendment to the Project Cooperation Agreement.\n\n(1) The District Engineer shall, in consultation with the South Florida Water Management District, the Florida Department of Environmental Protection, 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, and other Federal, State, and local agencies, verify in writing that the revised reservation or allocation continues to provide for an appropriate quantity, timing, and distribution of water dedicated and managed for the natural system after considering any changed circumstances or new information since completion of the Project Implementation Report. In accordance with applicable State law, the non-Federal sponsor shall provide opportunities for the public to review and comment on any proposed changes in the water reservation made by the State.\n\n(2) The Secretary of the Army shall notify the appropriate committees of Congress whenever a change to the reservation or allocation of water for the natural system executed under State law as described in the Project Implementation Report has been made. Such notification shall include the Secretary's and the State's reasons for determining that the revised reservation or allocation continues to provide for an appropriate quantity, timing, and distribution of water dedicated and managed for the natural system after considering any changed circumstances or new information since completion of the Project Implementation Report. The Secretary of the Army's notification to the appropriate committees of Congress shall be made available to the public.\n\n(d)  Savings clause provisions.  The Project Cooperation Agreement shall ensure that the Corps of Engineers and the non-Federal sponsor not:\n\n(1) Eliminate or transfer existing legal sources of water until a new source of comparable quantity and quality as that available on the date of enactment of WRDA 2000 is available to replace the water to be lost as a result of implementation of the Plan; and\n\n(2) Reduce levels of service for flood protection that are:\n\n(i) In existence on the date of enactment of WRDA 2000; and\n\n(ii) In accordance with applicable law."], ["33:33:3.0.1.1.34.3.1.18", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.28 Operating Manuals.", "USACE", "", "", "", "(a)  General provisions.  (1) The Corps of Engineers and the non-Federal sponsor 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, develop Operating Manuals to ensure that the goals and purposes of the Plan are achieved.\n\n(2) Operating Manuals shall consist of a System Operating Manual and Project Operating Manuals. In general, the System Operating Manual provides a system-wide operating plan for the operation of the projects of the Plan and other C&SF Project features and the Project Operating Manuals provide the details necessary for integrating the operation of the individual projects with the system operation described in the System Operating Manual.\n\n(3) In accordance with \u00a7 385.18, the public shall have the opportunity to review and comment on draft Operating Manuals.\n\n(4) The Division Engineer and the non-Federal sponsor shall approve completed Operating Manuals.\n\n(5) The Corps of Engineers and the South Florida Water Management District shall develop a guidance memorandum in accordance with \u00a7 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 content of Operating Manuals and the tasks necessary to develop Operating Manuals.\n\n(6) Operating Manuals shall:\n\n(i) Be consistent with the goals and purposes of the Plan;\n\n(ii) Comply with NEPA, in accordance with \u00a7 385.14.\n\n(iii) Describe regulation schedules, water control, and operating criteria for a project, group of projects, or the entire system;\n\n(iv) Make provisions for the natural fluctuation of water made available in any given year and fluctuations necessary for the natural system as described in the Plan;\n\n(v) Be consistent with applicable water quality standards and applicable water quality permitting requirements;\n\n(vi) Be consistent with the reservation or allocation of water for the natural system and the savings clause provisions described in the Project Implementation Report and the Project Cooperation Agreement and the provisions of \u00a7 385.35(b), \u00a7 385.36, and \u00a7 385.37 and reflect the operational criteria used in the identification of the appropriate quantity, timing, and distribution of water dedicated and managed for the natural system;\n\n(vii) Include a drought contingency plan as required by \u00a7 222.5(i)(5) of this chapter and Engineer Regulation ER 1110-2-1941 \u201cDrought Contingency Plans\u201d that is consistent with the Water Rights Compact Among the Seminole Tribe of Florida, the State of Florida, and the South Florida Water Management District and Florida Administrative Code Section 40E-21 (Water Shortage Plan) and Florida Administrative Code Section 40E-22 (Regional Water Shortage Plan); and\n\n(viii) Include provisions authorizing temporary short-term deviations from the Operating Manual for emergencies and unplanned circumstances, as described in applicable Corps of Engineers regulations, including \u00a7 222.5(f)(4) and \u00a7 222.5(i)(5) of this chapter, and Engineer Regulation ER 1110-2-8156 \u201cPreparation of Water Control Manuals.\u201d However, deviations shall be minimized by including planning for flooding events caused by rainfall and hurricane events, as well as by including a drought contingency plan.\n\n(A)  Emergency deviations.  Examples of some emergencies that can be expected to occur at a project are: drowning and other accidents, failure of the operation facilities, chemical spills, treatment plant failures and other temporary pollution problems. Water control actions necessary to abate the problem are taken immediately unless such action would create equal or worse conditions.\n\n(B)  Unplanned circumstances.  There are unplanned circumstances that create a temporary need for minor deviations from the Operating Manual, although they are not considered emergencies. Deviations are sometimes necessary to carry out maintenance and inspection of facilities. Requests for deviations for unplanned circumstances generally involve time periods ranging from a few hours to a few days. Approval of these changes shall be obtained from the Division Engineer.\n\n(7) Except as provided in this part, operating manuals generally shall follow the procedures for water control plans in \u00a7 222.5 of this chapter and applicable Corps of Engineers regulations for preparation of water control manuals and regulation schedules, including Engineer Regulation ER 1110-2-8156.\n\n(b)  System Operating Manual.  (1) Not later than December 31, 2005, 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, develop a System Operating Manual that provides a system-wide operating plan for the operation of implemented projects of the Plan and other Central and Southern Florida Project features to ensure that the goals and purposes of the Plan are achieved.\n\n(2) The System Operating Manual shall initially be based on the existing completed Central and Southern Florida Project features and shall be developed by the Corps of Engineers as provided in \u00a7 222.5(g) of this chapter and by the South Florida Water Management District as its laws and regulations require. Existing water control plans, regulation schedules, and Master Water Control Plans for the Central and Southern Florida Project shall remain in effect until approval of the System Operating Manual.\n\n(3) The System Operating Manual shall be revised 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 other Federal, State, and local agencies, believe it is necessary to ensure that the goals and purposes of the Plan are achieved.\n\n(4) Except as provided in this part, the System Operating Manual shall follow the procedures for preparation of water control manuals, regulation schedules and Master Water Control Manuals in \u00a7 222.5 of this chapter and applicable Corps of Engineers regulations.\n\n(5) The Corps of Engineers and the South Florida Water Management District shall provide notice and opportunity for public comment for any significant modification to the System Operating Manual.\n\n(c)  Project Operating Manuals.  (1) The Corps of Engineers and the non-Federal sponsor 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, develop a Project Operating Manual for each project of the Plan that is implemented.\n\n(2) Project Operating Manuals shall be considered supplements to the System Operating Manual, and present aspects of the projects not common to the system as a whole.\n\n(3) Each Project Implementation Report shall, as appropriate, include a draft Project Operating Manual as an appendix to the Project Implementation Report.\n\n(4) As appropriate, the draft Project Operating Manual shall be revised for the project construction phase and the operational monitoring and testing phase after completion of project construction.\n\n(5) The final Project Operating Manual shall be completed as soon as practicable after completion of the operational testing and monitoring phase of the project. The completed project shall continue to be operated in accordance with the approved draft Project Operating Manual until the final Project Operating Manual is approved.\n\n(6) The Corps of Engineers and the non-Federal sponsor shall provide notice and opportunity for public comment for any significant modification to the Project Operating Manual."], ["33:33:3.0.1.1.34.3.1.19", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.29 Other project documents.", "USACE", "", "", "", "(a) As appropriate, the Corps of Engineers and the non-Federal sponsor may prepare design documents to provide additional design information needed for projects. Such documents shall be approved in accordance with applicable policies of the Corps of Engineers and the non-Federal sponsor.\n\n(b) The Corps of Engineers and the non-Federal sponsor shall prepare plans and specifications necessary for construction of projects. Such documents shall be approved in accordance with applicable policies of the Corps of Engineers and the non-Federal sponsor.\n\n(c) The Corps of Engineers and the non-Federal sponsor may prepare other documents as appropriate during the real estate acquisition and construction phases for projects. Such documents shall be approved in accordance with applicable policies of the Corps of Engineers and the non-Federal sponsor."], ["33:33:3.0.1.1.34.3.1.2", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.12 Pilot projects.", "USACE", "", "", "", "(a) The Plan includes pilot projects to address uncertainties associated with certain components such as aquifer storage and recovery, in-ground reservoir technology, seepage management, and wastewater reuse. The purpose of the pilot projects is to develop information necessary to better determine the technical feasibility of these components prior to development of a Project Implementation Report.\n\n(b) Prior to initiating activities on a pilot project, the Corps of Engineers and the non-Federal sponsor shall develop a Project Management Plan as described in \u00a7 385.24.\n\n(c) Project Implementation Reports shall not be necessary for pilot projects. Prior to implementing a pilot project, the Corps of Engineers and the non-Federal sponsor shall prepare a Pilot Project Design Report.\n\n(1) The Pilot Project Design Report shall contain the technical information necessary to construct the pilot project including engineering and design, cost estimates, real estate analyses, and appropriate NEPA documentation.\n\n(2) The Pilot Project Design Report shall include a detailed operational testing and monitoring plan necessary to develop information to assist in better determining the technical feasibility of certain components prior to development of a Project Implementation Report.\n\n(3) In accordance with \u00a7 385.18, the Corps of Engineers and the non-Federal sponsor shall provide the public with opportunities to review and comment on the draft Pilot Project Design Report.\n\n(4) The Corps of Engineers and the non-Federal sponsor shall approve the final Pilot Project Design Report in accordance with applicable law.\n\n(d) Upon completion of operational testing and monitoring, the Corps of Engineers and the non-Federal sponsor shall, 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, prepare a Pilot Project Technical Data Report, documenting the findings and conclusions from the operational testing and monitoring of the pilot project. The purpose of the Pilot Project Technical Data Report is to help assess the viability of technology and to assist in the development of the full-scale project. The Corps of Engineers and the non-Federal sponsor shall also consult with the South Florida Ecosystem Restoration Task Force in preparing the report.\n\n(1) In accordance with \u00a7 385.22(b), the draft Pilot Project Technical Data Report shall be externally peer reviewed.\n\n(2) In accordance with \u00a7 385.18, the public shall be provided with opportunities to review and comment on the draft Pilot Project Technical Data Report.\n\n(3) The final Pilot Project Technical Data Report shall be made available to the public."], ["33:33:3.0.1.1.34.3.1.3", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.13 Projects implemented under additional program authority.", "USACE", "", "", "", "(a) To expedite implementation of the Plan, the Corps of Engineers and non-Federal sponsors may implement projects under the authority of section 601(c) of WRDA 2000 that are described in the Plan and that will produce a substantial benefit to the restoration, preservation, and protection of the South Florida ecosystem.\n\n(b) Each project implemented under the authority of section 601(c) of WRDA 2000 shall:\n\n(1) In general, follow the process described in \u00a7 385.11;\n\n(2) Not be implemented until a Project Implementation Report is prepared and approved in accordance with \u00a7 385.26; and\n\n(3) Not exceed a total cost of $25,000,000.\n\n(c) The total aggregate cost of all projects implemented under the additional program authority shall not exceed $206,000,000."], ["33:33:3.0.1.1.34.3.1.4", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.14 Incorporation of NEPA and related considerations into the implementation process.", "USACE", "", "", "", "(a)  General.  (1) In implementing the Plan, the Corps of Engineers shall comply with the requirements of NEPA (42 U.S.C. 4371,  et seq. ) and applicable implementing regulations, including determining whether a specific action, when considered individually and cumulatively, will have a significant impact on the human environment.\n\n(2) As appropriate, other agencies shall be invited to be cooperating agencies in the preparation of NEPA documentation pursuant to \u00a7 230.16 of this chapter.\n\n(3) The District Engineer is the NEPA official responsible for compliance with NEPA for actions conducted to implement the Plan. Unless otherwise provided for by this part, NEPA coordination for implementation of the plan shall follow the NEPA procedures established in part 230 of this chapter.\n\n(b)  Actions normally requiring an Environmental Impact Statement (EIS).  (1) In addition to the actions listed in \u00a7 230.6 of this chapter, actions normally requiring an EIS are:\n\n(i) Comprehensive Plan Modification Reports;\n\n(ii) System Operating Manual or significant changes to the System Operating Manual;\n\n(iii) Project Implementation Reports, including the draft Project Operating Manual when included in the Project Implementation Report;\n\n(iv) Pilot Project Design Reports, including the detailed operational testing and monitoring plan; and\n\n(v) Project Operating Manuals for any project where a Project Implementation Report is not prepared, or significant changes to Project Operating Manuals.\n\n(2) The District Engineer may consider the use of an environmental assessment (EA) on the types of actions described in this paragraph if early studies and coordination show that a particular action, considered individually and cumulatively, is not likely to have a significant impact on the quality of the human environment.\n\n(c)  Actions normally requiring an EA, but not necessarily an EIS.  In addition to the actions listed in \u00a7 230.7 of this chapter, actions normally requiring an EA, but not necessarily an EIS, are modifications to Project Operating Manuals or the System Operating Manual, that do not provide for significant change in operation and/or maintenance.\n\n(d)  Categorical exclusions.  In addition to the activities listed in \u00a7 230.9 of this chapter, the following actions do not require separate NEPA documentation, either because, when considered individually and cumulatively, they do not have significant effects on the quality of the human environment or because any such effects will already have been considered in NEPA documentation prepared in accordance with paragraphs (b) and (c) of this section. However, the District Engineer should be alert for extraordinary circumstances that may dictate the need to prepare an EA or an EIS. Even though an EA or EIS is not indicated for a Federal action because of a \u201ccategorical exclusion,\u201d that fact does not exempt the action from compliance with any other applicable Federal, State, or Tribal law, including but not limited to, the Endangered Species Act, the Fish and Wildlife Coordination Act, the National Historic Preservation Act, the Clean Water Act, Clean Air Act, the Coastal Zone Management Act, and the Marine Mammal Protection Act.\n\n(1) Project Cooperation Agreements;\n\n(2) Project Management Plans;\n\n(3) Program Management Plans;\n\n(4) Plans and specifications for projects;\n\n(5) Pilot Project Technical Data Reports;\n\n(6) Assessment reports prepared for the adaptive management program;\n\n(7) Interim goals and interim targets;\n\n(8) Development or revision of guidance memoranda or methods such as adaptive management, monitoring, plan formulation and evaluation, quantification of water needed for the natural system or protection of existing uses, methods of determining levels of flood protection, and similar guidance memoranda or methods; and\n\n(9) Deviations from Operating Manuals for emergencies and unplanned minor deviations when, considered individually and cumulatively, they do not have significant effects on the quality of the human environment, as described in applicable Corps of Engineers regulations, including \u00a7 222.5(f)(4) and \u00a7 222.5(i)(5) of this chapter, and Engineer Regulation ER 1110-2-8156 \u201cPreparation of Water Control Manuals.\u201d"], ["33:33:3.0.1.1.34.3.1.5", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.15 Consistency with requirements of the State of Florida.", "USACE", "", "", "", "The State of Florida has established procedures, requirements, and approvals that are needed before the State or the South Florida Water Management District can participate as the non-Federal sponsor for projects of the Plan. Project Implementation Reports shall include such information and analyses, consistent with this part, as are necessary to facilitate review and approval of projects by the South Florida Water Management District and the State pursuant to the requirements of Florida law."], ["33:33:3.0.1.1.34.3.1.6", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.16 Design agreements.", "USACE", "", "", "", "(a) The Corps of Engineers shall execute a design agreement with each non-Federal sponsor for the projects of the Plan prior to initiation of design activities with that non-Federal sponsor.\n\n(b) Any procedures, guidance, or documents developed by the Corps of Engineers and the non-Federal sponsor pursuant to a design agreement shall be consistent with this part."], ["33:33:3.0.1.1.34.3.1.7", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.17 Project Delivery Team.", "USACE", "", "", "", "(a) In accordance with the procedures of the Corps of Engineers business process described in Engineer Regulation ER 5-1-11 \u201cUS Army Corps of Engineers Business process,\u201d the Corps of Engineers and the non-Federal sponsor shall form a Project Delivery Team to develop the products necessary to implement each project.\n\n(b) The Corps of Engineers shall assign, and the non-Federal sponsor may assign, a project manager to lead the Project Delivery Team.\n\n(c) The Corps of Engineers and the South Florida Water Management District shall encourage the participation of other Federal, State, and local agencies and the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida on Project Delivery Teams, and use their expertise to ensure that information developed by the Project Delivery Team is shared with agencies, tribes, and the public at the earliest possible time in the implementation process. In forming the Project Delivery Team, the Corps of Engineers and the non-Federal sponsor shall request that 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 participate on the Project Delivery Team.\n\n(1) In general, participation on the Project Delivery Team shall be the financial responsibility of the participating agency or tribe. However, the Corps of Engineers shall provide funding for the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to prepare Fish and Wildlife Coordination Act Reports, as required by applicable law, regulation, or agency procedures.\n\n(2) Participation by an agency or tribe on the Project Delivery Team shall not be considered or construed to be a substitute for consultation, coordination, or other activities required by applicable law or this part.\n\n(d) Documents and work products prepared or developed by the Project Delivery Team shall not be self-executing, but shall be provided as information for consideration by the Corps of Engineers and the non-Federal sponsor, 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."], ["33:33:3.0.1.1.34.3.1.8", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.18 Public outreach.", "USACE", "", "", "", "(a)  Goals.  (1) The goal of public outreach is to open and maintain channels of communication with the public throughout the implementation process for the Plan in order to:\n\n(i) Provide information about proposed activities;\n\n(ii) Make the public's desires, needs, and concerns known to decision-makers before decisions are reached; and\n\n(iii) Consider and respond to the public's views in reaching decisions.\n\n(2) In carrying out implementation activities for the Plan, the Corps of Engineers and non-Federal sponsors shall undertake outreach activities to:\n\n(i) Increase general public awareness for the Plan;\n\n(ii) Involve interested groups and interested communities in the decision-making process and incorporate public values into decisions;\n\n(iii) Better serve and involve minority communities and traditionally under served communities, persons with limited English proficiency, and socially and economically disadvantaged individuals;\n\n(iv) Improve the substantive quality of decisions as a result of public participation; and\n\n(v) Reduce conflict among interested and affected parties by building agreement or consensus on solutions to emerging issues.\n\n(b)  General requirements.  (1) The Corps of Engineers and non-Federal sponsors shall provide a transparent, publicly accessible process through which scientific and technical information is used in the development of policy decisions throughout the implementation process for the Plan.\n\n(2) The Corps of Engineers and non-Federal sponsors shall develop and conduct outreach activities for project or program-level activities in order to provide information to the public and to provide opportunities for involvement by the public.\n\n(3) The Corps of Engineers and non-Federal sponsors shall monitor the effectiveness of outreach activities throughout the implementation process.\n\n(4) Project Management Plans and Program Management Plans shall include information concerning any outreach activities to be undertaken during the implementation of the project or activity.\n\n(5) Project Delivery Team meetings and RECOVER meetings shall be open to attendance by the public. The public shall be notified in advance of these meetings through e-mail, posting on a web site, or other appropriate means. The public shall be provided with an opportunity to comment at such meetings.\n\n(6) Public meetings and workshops shall be held at such times and locations as to facilitate participation by the public.\n\n(7) The Corps of Engineers and non-Federal sponsors shall provide opportunities for the public to review and comment on draft documents.\n\n(c)  Outreach to socially and economically disadvantaged individuals and communities.  (1) The Corps of Engineers and non-Federal sponsors shall develop and conduct public outreach activities to ensure that socially and economically disadvantaged individuals, including individuals with limited English proficiency, and communities are provided opportunities to review and comment during implementation of the Plan.\n\n(2) The Corps of Engineers and non-Federal sponsors shall monitor the effectiveness of outreach activities conducted to ensure that socially and economically disadvantaged individuals and communities, including individuals with limited English proficiency, are provided opportunities to review and comment during implementation of the Plan.\n\n(3) Project Management Plans and Program Management Plans shall include information, concerning any outreach activities to be undertaken during the implementation of the project or activity, to socially and economically disadvantaged individuals and communities, including individuals of limited English proficiency.\n\n(4) The Corps of Engineers and non-Federal sponsors shall make project and program information available in languages other than English where a significant number of individuals in the area affected by the project or program activity are expected to have limited English proficiency.\n\n(5) The Corps of Engineers and non-Federal sponsors shall provide translators or similar services at public meetings where a significant number of participants are expected to have limited English proficiency."], ["33:33:3.0.1.1.34.3.1.9", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "C", "Subpart C\u2014CERP Implementation Processes", "", "\u00a7 385.19 Environmental and economic equity.", "USACE", "", "", "", "(a) Project Management Plans and Program Management Plans shall include information concerning any environmental and economic equity activities to be undertaken during the implementation of the project or activity.\n\n(b) As required by applicable laws and policies, the Corps of Engineers and non-Federal sponsors shall consider and evaluate environmental justice issues and concerns in the implementation of projects.\n\n(c) During the implementation of the Plan, through appropriate means, consistent with section 601(k) of WRDA 2000 and other provisions of Federal law, the Corps of Engineers and non-Federal sponsors shall provide information to socially and economically disadvantaged individuals and communities, including individuals with limited English proficiency, about potential or anticipated contracting opportunities that are expected to result from implementation of the Plan.\n\n(d) The District Engineer shall ensure that small business concerns owned and controlled by socially and economically disadvantaged individuals are provided opportunities to participate under section 15(g) of the Small Business Act (15 U.S.C. 644(g)) throughout the implementation process. The District Engineer shall track the amount of contracts awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals in order to ensure that they are provided such opportunities."], ["33:33:3.0.1.1.34.4.1.1", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "D", "Subpart D\u2014Incorporating New Information Into the Plan", "", "\u00a7 385.30 Master Implementation Sequencing Plan.", "USACE", "", "", "", "(a) Not later than December 13, 2004 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, develop a Master Implementation Sequencing Plan that includes the sequencing and scheduling for implementation of all of the projects of the Plan, including pilot projects and operational elements, based on the best scientific, technical, funding, contracting, and other information available. 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 Master Implementation Sequencing Plan.\n\n(1) Projects shall be sequenced and scheduled to maximize the achievement of the goals and purposes of the Plan at the earliest possible time and in the most cost-effective way, consistent with the requirement that each project be justified on a next-added increment basis, including the achievement of the interim goals established pursuant to \u00a7 385.38 and the interim targets established pursuant \u00a7 385.39, consistent with \u00a7 385.36 and \u00a7 385.37(b), and to the extent practical given funding, engineering, and other constraints. The sequencing and scheduling of projects shall be based on considering factors, including, but not limited to:\n\n(i) Technical dependencies and constraints;\n\n(ii) Benefits to be provided by the project;\n\n(iii) Availability of lands required for the project; and\n\n(iv) Avoiding elimination or transfers of existing legal sources of water until an alternate source of comparable quantity and quality is available, in accordance with \u00a7 385.36.\n\n(2) The Master Implementation Sequencing Plan shall include appropriate discussion of the logic, constraints, and other parameters used in developing the sequencing and scheduling of projects.\n\n(3) In accordance with \u00a7 385.18, the Corps of Engineers and the South Florida Water Management District shall provide opportunities for the public to review and comment on the Master Implementation Sequencing Plan.\n\n(b) Whenever necessary to ensure that the goals and purposes of the Plan are achieved, but at least 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, review the Master Implementation Sequencing Plan.\n\n(1) The Master Implementation Sequencing Plan may be revised as appropriate, consistent with the goals and purposes of the Plan, and consistent with \u00a7 385.36 and \u00a7 385.37(b), to incorporate new information including, but not limited to:\n\n(i) Updated schedules from Project Management Plans;\n\n(ii) Information obtained from pilot projects;\n\n(iii) Updated funding information;\n\n(iv) Approved revisions to the Plan;\n\n(v) Congressional or other authorization or direction;\n\n(vi) Information resulting from the adaptive management program, including new information on costs and benefits; or\n\n(vii) Information regarding progress towards achieving the interim goals established pursuant to \u00a7 385.38 and the interim targets established pursuant to \u00a7 385.39.\n\n(2) Proposed revisions to the Master Implementation Sequencing Plan shall be analyzed by RECOVER for effects on achieving the goals and purposes of the Plan and the interim goals and targets.\n\n(3) The revised Master Implementation Sequencing Plan shall include information about the reasons for the changes to the sequencing and scheduling of individual projects.\n\n(4) In accordance with \u00a7 385.18, the Corps of Engineers and the South Florida Water Management District shall provide opportunities for the public to review and comment on revisions to the Master Implementation Sequencing Plan."], ["33:33:3.0.1.1.34.4.1.2", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "D", "Subpart D\u2014Incorporating New Information Into the Plan", "", "\u00a7 385.31 Adaptive management program.", "USACE", "", "", "", "(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 \u00a7 385.38, and the interim targets established pursuant \u00a7 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 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.\n\n(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 \u00a7 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.\n\n(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.\n\n(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:\n\n(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;\n\n(ii) Evaluating if corrective actions to improve performance or improve cost-effectiveness should be considered; and\n\n(iii) Preparing reports on the monitoring program.\n\n(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.\n\n(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.\n\n(ii) In accordance with \u00a7 385.22(b), the draft assessment report shall be externally peer reviewed.\n\n(iii) In accordance with \u00a7 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.\n\n(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.\n\n(v) The Secretary of the Army shall make the final assessment report available to the public.\n\n(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. 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 \u00a7 385.38 and changes to the interim targets in accordance with \u00a7 385.39.\n\n(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 \u00a7 385.22, or other appropriate information including progress towards achievement of the interim goals established pursuant to \u00a7 385.38 and the interim targets established pursuant to \u00a7 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:\n\n(i) Modifying current operations of the Plan;\n\n(ii) Modifying the design or operational plan for a project of the Plan not yet implemented;\n\n(iii) Modifying the sequence or schedule for implementation of the Plan;\n\n(iv) Adding new components to the Plan or deleting components not yet implemented;\n\n(v) Removing or modifying a component of the Plan already in place; or\n\n(vi) A combination of these.\n\n(2) Such actions should be implemented through revisions to Operating Manuals in accordance with \u00a7 385.28, revisions to the Master Implementation Sequencing Plan in accordance with \u00a7 385.30, a Comprehensive Plan Modification Report in accordance with \u00a7 385.32, or other appropriate mechanisms."], ["33:33:3.0.1.1.34.4.1.3", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "D", "Subpart D\u2014Incorporating New Information Into the Plan", "", "\u00a7 385.32 Comprehensive Plan Modification Report.", "USACE", "", "", "", "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 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 \u00a7 385.10, \u00a7 385.14, \u00a7 385.18, and \u00a7 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.\n\n(a)  General requirements.  The Comprehensive Plan Modification Report shall:\n\n(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 \u00a7 385.31(b), requests from the Department of the Interior or the State, or other appropriate information;\n\n(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;\n\n(3) Contain information such as: Plan formulation and evaluation, engineering and design, estimated benefits and costs, and environmental effects,;\n\n(4) Include appropriate analyses of alternatives evaluated by RECOVER;\n\n(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;\n\n(6) Contain appropriate NEPA documentation to supplement the Programmatic Environmental Impact Statement included in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999; and\n\n(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.\n\n(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 \u00a7 385.18 and applicable law and Corps of Engineers policy.\n\n(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.\n\n(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.\n\n(4) Upon receipt and approval of the Comprehensive Plan Modification Report, the Division Engineer shall issue a public notice announcing completion of the Comprehensive Plan Modification Report based upon:\n\n(i) The Division Engineer's endorsement of the findings and recommendations of the District Engineer; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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."], ["33:33:3.0.1.1.34.4.1.4", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "D", "Subpart D\u2014Incorporating New Information Into the Plan", "", "\u00a7 385.33 Revisions to models and analytical tools.", "USACE", "", "", "", "(a) In carrying out their responsibilities for implementing the Plan, the Corps of Engineers, the South Florida Water Management District, and other non-Federal sponsors shall rely on the best available science including models and other analytical tools for conducting analyses for the planning, design, construction, operation, and assessment of projects. The selection of models and analytical tools shall be done 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.\n\n(b) The Corps of Engineers, the South Florida Water Management District, and other non-Federal sponsors may, in consultation with the Department of the Interior, the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Environmental Protection Agency, the Department of Commerce, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, periodically revise models and analytical tools or develop new models and analytical tools as needed. As appropriate, RECOVER shall review the adequacy of system-wide simulation models and analytical tools used in the evaluation and assessment of projects, and shall propose improvements in system-wide models and analytical tools required for the evaluation and assessment tasks.\n\n(c) The Corps of Engineers and the South Florida Water Management District shall determine on a case-by-case basis what documentation is appropriate for revisions to models and analytic tools, depending on the significance of the changes and their impacts to the Plan. Such changes may be treated as Minor Changes to the Plan, in accordance with \u00a7 385.32(c) where appropriate."], ["33:33:3.0.1.1.34.4.1.5", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "D", "Subpart D\u2014Incorporating New Information Into the Plan", "", "\u00a7 385.34 Changes to the Plan.", "USACE", "", "", "", "(a) The Plan shall be updated to incorporate approved changes to the Plan resulting from:\n\n(1) Approval by the Secretary of the Army of a project to be implemented pursuant to \u00a7 385.13;\n\n(2) Authorization of projects by Congress;\n\n(3) Comprehensive Plan Modification Reports approved by Congress; or\n\n(4) Other changes authorized by Congress.\n\n(b) The Corps of Engineers and the South Florida Water Management District shall annually prepare a document for dissemination to the public that describes:\n\n(1) The components of the Plan, including any approved changes to the Plan;\n\n(2) The estimated cost of the Plan, including any approved changes to the Plan;\n\n(3) A water budget for the Plan; and\n\n(4) The water that has been reserved or allocated for the natural system under State law for the Plan.\n\n(c) The Corps of Engineers shall annually provide to the Office of Management and Budget an updated estimate of total cost of the Plan, the costs of individual project components, and an explanation of any changes in these estimates from the initial estimates contained in the \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999."], ["33:33:3.0.1.1.34.5.1.1", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.35 Achievement of the benefits of the Plan.", "USACE", "", "", "", "(a)  Pre-CERP baseline water availability and quality.  (1) Not later than June 14, 2004 the Corps of Engineers and the South Florida Water Management District shall, in consultation with the Department of the Interior, the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Environmental Protection Agency, the Department of Commerce, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, develop for approval by the Secretary of the Army, the pre-CERP baseline to be used to aid the Corps of Engineers and the South Florida Water Management District in determining if existing legal sources of water will be eliminated or transferred as a result of project implementation as described in \u00a7 385.36 and memorialize the pre-CERP baseline in an appropriate document. The Corps of Engineers and the South Florida Water Management District shall consult with the South Florida Ecosystem Restoration Task Force in the development of the pre-CERP baseline.\n\n(i) The pre-CERP baseline may express the quantity, timing, and distribution of water in stage duration curves; exceedance frequency curves; quantities available in average, wet, and dry years; or any other method which is based on the best available science.\n\n(ii) The pre-CERP baseline shall include appropriate documentation that includes a description of the assumptions used to develop the pre-CERP baseline.\n\n(iii) In addition to the development of the pre-CERP baseline, the Corps of Engineers and the South Florida Water Management District shall conduct other analyses that they deem necessary to determine if an existing legal source of water has been eliminated or transferred or if a new source of water is of comparable quality to that which has been eliminated or transferred in accordance with \u00a7 385.36.\n\n(2) In accordance with \u00a7 385.18, the Corps of Engineers and the South Florida Water Management District shall provide opportunities for the public to review and comment on the pre-CERP baseline.\n\n(3) The pre-CERP baseline shall be developed with the concurrence of the Secretary of the Interior and the Governor. Within 180 days of being provided the pre-CERP baseline, or such shorter period that the Secretary of the Interior and the 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 pre-CERP baseline. 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 this section. A copy of any concurrency or non-concurrency statements shall be made a part of the administrative record and referenced in the final determination of the pre-CERP baseline. Any non-concurrency statement shall specifically detail the reason or reasons for the non-concurrence.\n\n(4) Nothing in this paragraph is intended to, or shall it be interpreted to, reserve or allocate water or to prescribe the process for reserving or allocating water or for water management under Florida law. Nothing in this section is intended to, nor shall it be interpreted to, prescribe any process of Florida law.\n\n(b)  Identification of water made available and water to be reserved or allocated for the natural system.  (1) Initial modeling showed that most of the water generated by the Plan would go to the natural system in order to attain restoration goals, and the remainder of the water would go for use in the human environment. The Corps of Engineers, the South Florida Water Management District, and other non-Federal sponsors shall ensure that Project Implementation Reports identify the appropriate quantity, timing, and distribution of water to be dedicated and managed for the natural system that is necessary to meet the restoration goals of the Plan. In accordance with the \u201cComprehensive Everglades Restoration Plan Assurance of Project Benefits Agreement,\u201d dated January 9, 2002 pursuant to section 601(h)(2) of WRDA 2000, the South Florida Water Management District or the Florida Department of Environmental Protection shall make sufficient reservations of water for the natural system under State law in accordance with the Project Implementation Report for that project and consistent with the Plan before water made available by a project is permitted for a consumptive use or otherwise made unavailable. In accordance with \u00a7 385.31(c), 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 Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Florida Department of Environmental Protection, and other Federal, State, and local agencies, 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, and shall periodically update that estimate, as appropriate, based on new information resulting from changed or unforeseen circumstances, new scientific or technical information, new or updated models, or information developed through the adaptive assessment principles contained in the Plan, or future authorized changes to the Plan integrated into the implementation of the Plan.\n\n(2) Each Project Implementation Report shall take into account the availability of pre-CERP baseline water and previously reserved water as well as the estimated total quantity of water that is necessary for restoration for the natural system and the quantity of water anticipated to be made available from future projects in identifying the appropriate quantity, timing, and distribution of water dedicated and managed for the natural system, determining whether improvements in water quality are necessary to ensure that water delivered to the natural system meets applicable water quality standards; and identifying the amount of water for the natural system necessary to implement, under State law, the provisions of section 601(h)(4)(A)(iii)(V) of WRDA 2000.\n\n(3) Section 601(h)(3)(C)(i)(I) of WRDA 2000 requires the regulations of this part to establish a process for development of Project Implementation Reports, Project Cooperation Agreements, and Operating Manuals that ensure that the goals and objectives of the Plan are achieved. Section 601(h)(4)(A)(iii)(IV) of WRDA 2000 provides that Project Implementation Reports shall identify the appropriate quantity, timing, and distribution of water dedicated and managed for the natural system. Section 601(h)(4)(A)(iii)(V) of WRDA 2000 provides that Project Implementation Reports shall identify the amount of water to be reserved or allocated for the natural system necessary to implement, under State law, the provisions of section 601(h)(4)(A)(iii)(IV) and (VI) of WRDA 2000. To implement these provisions and \u00a7 385.5, the Corps of Engineers and the South Florida Water Management District shall develop a guidance memorandum in accordance with \u00a7 385.5 for approval by the Secretary of the Army, with the concurrence of the Secretary of the Interior and the Governor. The guidance memorandum shall provide a process to be used in the preparation of Project Implementation Reports for identifying the appropriate quantity, timing, and distribution of water dedicated and managed for the natural system; determining the quantity, timing and distribution of water made available for other water-related needs of the region; determining whether improvements in water quality are necessary to ensure that water delivered by the Plan meets applicable water quality standards; and identifying the amount of water for the natural system necessary to implement, under State law, the provisions of section 601(h)(4)(A)(iii) of WRDA 2000.\n\n(i) The guidance memorandum shall generally be based on using a system-wide analysis of the water made available and may express the quantity, timing and distribution of water in stage duration curves; exceedance frequency curves; quantities available in average, wet, and dry years; or any other method which is based on the best available science. The guidance memorandum shall also provide for projects that are hydrologically separate from the rest of the system. The guidance memorandum also shall address procedures for determining whether improvements in water quality are necessary to ensure that water delivered to the natural system meets applicable water quality standards. These procedures shall ensure that any features to improve water quality are implemented in a manner consistent with the cost sharing provisions of WRDA 1996 and WRDA 2000.\n\n(ii) The guidance memorandum shall generally take into account the natural fluctuation of water made available in any given year based on an appropriate period of record; the objective of restoration of the natural system; the need for protection of existing uses transferred to new sources; contingencies for drought protection; the need to identify the additional quantity, timing, and distribution of water made available by a new project component while maintaining a system-wide perspective on the amount of water made available by the Plan; and the need to determine whether improvements in water quality are necessary to ensure that water delivered by the Plan meets applicable water quality standards.\n\n(iii) Project Implementation Reports approved before December 12, 2003 or before the development of the guidance memorandum may use whatever method that the Corps of Engineers and the non-Federal sponsor deem is reasonable and consistent with the provisions of section 601 of WRDA 2000.\n\n(iv) Nothing in this paragraph is intended to, or shall it be interpreted to, reserve or allocate water or to prescribe the process for reserving or allocating water or for water management under Florida law. Nothing in this section is intended to, nor shall it be interpreted to, prescribe any process of Florida law.\n\n(c)  Procedures in event that the project does not perform as expected.  The Project Implementation Report shall include a plan for operations of the project in the event that the project fails to provide the quantity, timing, or distribution of water described in the Project Implementation Report. Such plan shall take into account the specific authorized purposes of the project and the goals and purposes of the Plan and shall also provide for undertaking management actions in accordance with \u00a7 385.31(d)."], ["33:33:3.0.1.1.34.5.1.2", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.36 Elimination or transfer of existing legal sources of water.", "USACE", "", "", "", "(a) Pursuant to the provisions of section 601(h)(5)(A) of WRDA 2000, Project Implementation Reports shall include analyses to determine if existing legal sources of water are to be eliminated or transferred as a result of project implementation. If implementation of the project shall cause an elimination or transfer of existing legal sources of water, then the Project Implementation Report shall include an implementation plan that ensures that such elimination or transfer shall not occur until a new source of water of comparable quantity and quality is available to replace the water to be lost as a result of implementation of the Plan. The Corps of Engineers and the non-Federal sponsor shall determine if implementation of the project will cause an elimination or transfer of existing legal sources of water by comparing the availability of water with the recommended project with the pre-CERP baseline developed in accordance with \u00a7 385.35(a), by using the water quality and other analyses developed in \u00a7 385.35(a)(1)(iii), and by using other appropriate information.\n\n(b) The Corps of Engineers and the South Florida Water Management District shall develop a guidance memorandum in accordance with \u00a7 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 process for determining if existing legal sources of water are to be eliminated or transferred and for determining how and when a new source of water of comparable quantity and quality as that available on the date of enactment of WRDA 2000 is available to replace the water to be lost as a result of implementation of the Plan. The guidance memorandum shall also describe the process for comparing the recommended project with the pre-CERP baseline to determine if existing legal sources of water are to be transferred or eliminated as a result of project implementation. The guidance memorandum shall include a definition for existing legal sources of water for the purposes of determining if existing legal sources of water are to be eliminated or transferred. Existing legal sources of water shall include those for:\n\n(1) An agricultural or urban water supply;\n\n(2) Allocation or entitlement to the Seminole Indian Tribe of Florida under section 7 of the Seminole Indian Land Claims Settlement Act of 1987 (25 U.S.C. 1772e);\n\n(3) The Miccosukee Tribe of Indians of Florida;\n\n(4) Water supply for Everglades National Park; and\n\n(5) Water supply for fish and wildlife.\n\n(c) Until guidance is issued, issues involving existing legal sources of water should be resolved on a case-by-case basis considering all factors that can be identified as relevant to decisions under the savings clause."], ["33:33:3.0.1.1.34.5.1.3", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.37 Flood protection.", "USACE", "", "", "", "(a)  General.  In accordance with section 601 of WRDA 2000, flood protection, consistent with restoration, preservation, and protection of the natural system, is a purpose of the Plan.\n\n(b)  Existing flood protection.  Each Project Implementation Report shall include appropriate analyses, and consider the operational conditions included in the pre-CERP baseline developed pursuant to \u00a7 385.35(a), to demonstrate that the levels of service for flood protection that:\n\n(1) Were in existence on the date of enactment of section 601 of WRDA 2000; and\n\n(2) Are in accordance with applicable law, will not be reduced by implementation of the project.\n\n(c)  Improved and new flood protection.  The overarching objective of the Plan is the restoration, preservation, and protection of the South Florida Ecosystem while providing for other water-related needs of the region, including water supply and flood protection. As appropriate, the Corps of Engineers and the non-Federal sponsor shall consider opportunities to provide additional flood protection, consistent with restoration of the natural system, and the provisions of section 601(f)(2)(B) of WRDA 2000 and other applicable laws."], ["33:33:3.0.1.1.34.5.1.4", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.38 Interim goals.", "USACE", "", "", "", "(a)  Agreement.  (1) The Secretary of the Army, the Secretary of the Interior, and the Governor shall, not later than December 13, 2004, and in consultation with the Environmental Protection Agency, the Department of Commerce, the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, and other Federal, State, and local agencies, and the South Florida Ecosystem Restoration Task Force, execute an Interim Goals Agreement establishing interim goals to facilitate inter-agency planning, monitoring, and assessment so as to achieve the overarching objectives of the Plan and to provide a means by which the restoration success of the Plan may be evaluated, and ultimately reported to Congress in accordance with \u00a7 385.40 throughout the implementation process.\n\n(2) After execution of the Interim Goals Agreement, the Department of the Army shall memorialize the agreement in appropriate Corps of Engineers guidance.\n\n(b)  Purpose.  (1) Interim goals are a means by which the restoration success of the Plan may be evaluated at specific points by agency managers, the State, and Congress throughout the overall planning and implementation process. In addition, interim goals will facilitate adaptive management and allow the Corps of Engineers and its non-Federal sponsors opportunities to make adjustments if actual project performance is less than anticipated, including recommending changes to the Plan. Interim goals are not standards or schedules enforceable in court.\n\n(2) The interim goals shall:\n\n(i) Facilitate inter-agency planning, monitoring and assessment;\n\n(ii) Be provided to the independent scientific review panel established in accordance with \u00a7 385.22(a);\n\n(iii) Be considered in developing the Master Implementation Sequencing Plan, Project Implementation Reports, and Comprehensive Plan Modification Reports; and\n\n(iv) Be considered in making budgetary decisions concerning implementation of the Plan.\n\n(3) To ensure flexibility in implementing the Plan over the next several decades, and to ensure that interim goals may reflect changed circumstances or new information resulting from adaptive management, the interim goals may be modified, consistent with the processes set forth in paragraph (d) of this section, to reflect 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.\n\n(4) The Corps of Engineers and the South Florida Water Management District shall sequence and schedule projects as appropriate to achieve the interim goals and the interim targets established pursuant to \u00a7 385.39 to the extent practical given funding, technical, or other constraints.\n\n(5) If the interim goals have not been met or are unlikely to be met, then the Corps of Engineers and the South Florida Water Management District shall determine why the interim goals have not been met or are unlikely to be met and either:\n\n(i) Initiate adaptive management actions pursuant to \u00a7 385.31(d) to achieve the interim goals as soon as practical, consistent with the purposes of the Plan and consistent with the interim targets established pursuant to \u00a7 385.39; or\n\n(ii) Recommend changes to the interim goals in accordance with paragraph (b)(3) of this section.\n\n(c)  Principles for developing interim goals.  (1) RECOVER, using best available science and information, shall recommend a set of interim goals for implementation of the Plan, consisting of regional hydrologic performance targets, improvements in water quality, and anticipated ecological responses for areas such as, Lake Okeechobee, the Kissimmee River Region, the Water Conservation Areas, the Lower East Coast, the Upper East Coast, the Everglades Agricultural Area, and the Caloosahatchee River, Everglades National Park, Big Cypress National Preserve, Biscayne Bay, Florida Bay, and other estuaries and nearshore areas. These interim goals shall reflect the incremental accomplishment of the expected performance level of the Plan, and will identify improvements in quantity, quality, timing, and distribution of water for the natural system provided by the Plan in five-year increments that begin in 2005, with the goals reflecting the results expected to be achieved by 2010 and for each five-year increment thereafter. The interim goals shall be developed through the use of appropriate models and tools and shall provide a quantitative basis for evaluating the restoration success of the Plan during the period of implementation. In developing the interim goals for the five-year increments, RECOVER shall use the Master Implementation Sequencing Plan as the basis for predicting performance at a given time. RECOVER may recommend additional interim goals in addition to those initially developed and may propose revisions to the initial set of interim goals as new information is gained through adaptive management. Interim goals shall include incremental improvements in the quantity, quality, timing, and distribution of water anticipated to be required to meet long-term hydrological and ecological restoration goals, based on best available science. These goals may be modified, based on best available science and the adaptive assessment principles contained in the Plan, in accordance with paragraph (d) of this section.\n\n(2) In developing its recommendations for interim goals, RECOVER shall consider indicators including, but not limited to:\n\n(i) Hydrologic indicators, including:\n\n(A) The amount of water, in addition to the pre-CERP baseline and assumptions regarding without project conditions, which will be available to the natural system;\n\n(B) Hydroperiod targets in designated sample areas throughout the Everglades;\n\n(C) The changes in the seasonal and annual overland flow volumes in the Everglades that will be available to the natural system;\n\n(D) The frequency of extreme high and low water levels in Lake Okeechobee; and\n\n(E) The frequency of meeting salinity envelopes in estuaries such as the St. Lucie, Caloosahatchee, Biscayne Bay, and Florida Bay and nearshore areas.\n\n(ii) Improvement in water quality; including:\n\n(A) Total phosphorus concentrations in the Everglades; and\n\n(B) Lake Okeechobee phosphorus concentrations.\n\n(iii) Ecological responses, including:\n\n(A) Increases in total spatial extent of restored wetlands;\n\n(B) Improvement in habitat quality; and\n\n(C) Improvement in native plant and animal abundance.\n\n(3) In developing the interim goals based upon water quality and expected ecological responses, the Corps of Engineers, The Department of the Interior, and the South Florida Water Management District shall take into consideration the extent to which actions undertaken by Federal, State, tribal, and other entities under programs not within the scope of this part may affect achievement of the goals.\n\n(d)  Process for establishing interim goals.  (1) The recommendations of RECOVER shall be provided to the Corps of Engineers, the Department of the Interior, and the South Florida Water Management District. These recommendations shall be provided no later than June 14, 2004. The proposed Interim Goals Agreement shall be developed by the Secretary of the Army, the Secretary of the Interior and the Governor in consultation with the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Environmental Protection Agency, the Department of the Commerce, other Federal, State, and local agencies, and the South Florida Ecosystem Restoration Task Force. In considering the interim goals to be included in the Interim Goals Agreement, the Secretary of the Army, the Secretary of the Interior, and the Governor, shall be provided with, and consider, the technical recommendations of RECOVER and any modifications to those recommendations by the Corps of Engineers, the Department of Interior, or the South Florida Water Management District. The Secretary of the Army shall provide a notice of availability of the proposed agreement to the public in the  Federal Register  and seek public comments. After considering comments of the public on the proposed agreement, and incorporating any suggestions that are appropriate and consistent with the goals and purposes of the Plan, the Secretary of the Army, the Secretary of the Interior, and the Governor, shall execute the final agreement, and the Secretary of the Army shall provide a notice of availability to the public in the  Federal Register  by no later than December 13 2004.\n\n(2) In developing its recommendations for interim goals, RECOVER shall use the principles in paragraph (c) of this section.\n\n(3) The Secretary of the Army, the Secretary of the Interior, and the Governor shall review the Interim Goals Agreement at a minimum of every five years after the date of the Interim Goals Agreement, to determine if the interim goals should be revised. Thereafter, the Secretary of the Army, the Secretary of the Interior, and the Governor shall revise the interim goals and execute a new agreement as appropriate. However, the Secretary of the Army, the Secretary of the Interior, and the Governor may review and revise the interim goals whenever appropriate as new information becomes available. Any revisions to the interim goals shall be consistent with the process established in this section."], ["33:33:3.0.1.1.34.5.1.5", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.39 Evaluating progress towards other water-related needs of the region provided for in the Plan.", "USACE", "", "", "", "(a)  Purpose.  (1) The overarching objective of the Plan is the restoration, preservation, and protection of the South Florida ecosystem while providing for other water-related needs of the region, including water supply and flood protection. Progress towards providing for these other water-related needs shall also be evaluated.\n\n(2) As provided for in paragraph (c) of this section, the Secretary of the Army and the Governor shall establish interim targets for evaluating progress towards other water-related needs of the region provided for in the Plan throughout the implementation process. The interim targets and interim goals shall be consistent with each other.\n\n(3) The Department of the Army shall include these interim targets in appropriate Corps of Engineers guidance.\n\n(4) To ensure flexibility in implementing the Plan over the next several decades, and to ensure that interim targets may reflect changed circumstances or new information resulting from adaptive management, the interim targets may be modified, consistent with the processes set forth in paragraph (c) of this section, to reflect 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.\n\n(5) The Corps of Engineers and the South Florida Water Management District shall sequence and schedule projects as appropriate to achieve the interim goals and interim targets for other water-related needs of the region provided for in the Plan, to the extent practical given funding, technical, or other constraints.\n\n(6) If the interim targets have not been met or are unlikely to be met, then the Corps of Engineers and the South Florida Water Management District shall determine why the interim targets have not been met or are unlikely to be met and either:\n\n(i) Initiate adaptive management actions pursuant to \u00a7 385.31(d) to achieve the interim targets as soon as practicable, consistent with the purposes of the Plan and consistent with the interim goals established pursuant to \u00a7 385.38; or\n\n(ii) Recommend changes to the interim targets in accordance with paragraph (a)(4) of this section.\n\n(b)  Principles for developing interim targets.  (1) RECOVER, using best available science and information, shall recommend a set of interim targets for evaluating progress towards other water-related needs of the region provided for in the Plan. These interim targets shall reflect the incremental accomplishment of the expected performance level of the Plan, and will identify improvements in quantity, quality, timing and distribution of water in five-year increments that begin in 2005, with the targets reflecting the results expected to be achieved by 2010 and for each five-year increment thereafter. The interim targets shall be developed through the use of appropriate models and tools and shall provide a quantitative basis for evaluating progress towards other water-related needs of the region provided for in the Plan during the period of implementation. In developing the interim targets for the five-year increments, RECOVER shall use the Master Implementation Sequencing Plan as the basis for predicting the performance at a given time. RECOVER may recommend additional interim targets for implementation of CERP in addition to those initially developed and may propose revisions to the initial set of interim targets as new information is gained through adaptive management.\n\n(2) In developing its recommendations for interim targets, RECOVER shall consider indicators including, but not limited to:\n\n(i) The frequency of water restrictions in the Lower East Coast Service Areas at each time increment;\n\n(ii) The frequency of water restrictions in the Lake Okeechobee Service Areas at each time increment;\n\n(iii) The frequency of meeting salt-water intrusion protection criteria for the Lower East Coast Service Area at each time increment; and\n\n(iv) The frequency of water shortage restrictions on lands covered under the Water Rights Compact Among the Seminole Tribe of Florida, the State of Florida, and the South Florida Water Management District at each time increment.\n\n(c)  Process for establishing interim targets.  (1) The recommendations of RECOVER shall be provided to the Corps of Engineers and the South Florida Water Management District. These recommendations shall be provided no later than June 14, 2004. The proposed interim targets shall be developed by the Secretary of the Army and the Governor, 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, and the South Florida Ecosystem Restoration Task Force. In considering the interim targets, the Secretary of the Army and the Governor, shall be provided with, and consider, the technical recommendations of RECOVER and any modifications to those recommendations by the Corps of Engineers or the South Florida Water Management District. The Secretary of the Army shall provide a notice of availability of the proposed interim targets to the public in the  Federal Register  and seek public comments. After considering comments of the public on the proposed interim targets, and incorporating any suggestions that are appropriate and consistent with the goals and purposes of the Plan, the Secretary of the Army and the Governor, shall establish the final interim targets, and the Secretary of the Army shall provide a notice of availability to the public in the  Federal Register  by no later than December 13, 2004, but not prior to the execution of the Interim Goals Agreement pursuant to \u00a7 385.38. Interim targets are intended to facilitate inter-agency planning, monitoring, and assessment throughout the implementation process and are not standards or schedules enforceable in court.\n\n(2) In developing its recommendations for interim targets, RECOVER shall use the principles in paragraph (b) of this section.\n\n(3) The Secretary of the Army and the Governor shall review the interim targets at a minimum every five years beginning five years after the establishment of the interim targets to determine if they should be revised and to determine what those revisions should be. The public shall also be provided with an opportunity to comment on the proposed revisions. The Secretary of the Army and the Governor may also revise the interim targets whenever appropriate as new information becomes available. Any revisions to the interim targets shall be established consistent with the process described in this section."], ["33:33:3.0.1.1.34.5.1.6", 33, "Navigation and Navigable Waters", "II", "", "385", "PART 385\u2014PROGRAMMATIC REGULATIONS FOR THE COMPREHENSIVE EVERGLADES RESTORATION PLAN", "E", "Subpart E\u2014Ensuring Protection of the Natural System and Water Availability Consistent With the Goals and Purpose of the Plan", "", "\u00a7 385.40 Reports to Congress.", "USACE", "", "", "", "(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 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.\n\n(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.\n\n(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 \u201cFinal Integrated Feasibility Report and Programmatic Environmental Impact Statement,\u201d dated April 1, 1999.\n\n(d) In addition, each report shall include:\n\n(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;\n\n(2) Progress towards the interim goals established in accordance with \u00a7 385.38 for assessing progress towards achieving the benefits to the natural system;\n\n(3) Progress towards interim targets for other water-related needs of the region provided for in the Plan established pursuant \u00a7 385.39 for assessing progress towards achieving the benefits to the human environment; and\n\n(4) A review of the activities performed by the Secretary pursuant to section 601(k) of WRDA 2000 and \u00a7 385.18 and \u00a7 385.19 as they relate to socially and economically disadvantaged individuals and individuals with limited English proficiency.\n\n(e) The discussion on interim goals in the periodic reports shall include:\n\n(1) A discussion of the performance that was projected to be achieved in the last periodic report to Congress;\n\n(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;\n\n(3) If performance did not meet the interim goals, a discussion of the reasons for such shortfall;\n\n(4) Recommendations for improving performance; and\n\n(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.\n\n(f) The discussion on interim targets in the periodic reports shall include:\n\n(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\n\n(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.\n\n(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 \u00a7 385.18."], ["34:34:2.1.1.1.18.1.137.1", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 385.1 What is the Rehabilitation Training program?", "ED", "", "", "", "(a)  Purpose.  The Rehabilitation Training program is designed to\u2014\n\n(1) Ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs (including supported employment programs), through economic and business development programs, through independent living services programs, and through client assistance programs;\n\n(2) Maintain and upgrade basic skills and knowledge of personnel employed, including personnel specifically trained to deliver rehabilitation services, including supported employment services and customized employment services, to individuals with the most significant disabilities, and personnel specifically trained to deliver services to individuals with disabilities whose employment outcome is self-employment, business ownership, or telecommuting, to provide state-of-the-art service delivery and rehabilitation technology services; and\n\n(3) Provide training and information to individuals with disabilities, the parents, families, guardians, advocates, and authorized representatives of the individuals, and other appropriate parties to develop the skills necessary for individuals with disabilities to access the rehabilitation system and to become active decision makers in the vocational rehabilitation process.\n\n(b) The Secretary awards grants and contracts on a competitive basis to pay part of the costs of projects for training, traineeships or scholarships, and related activities, including the provision of technical assistance, to assist in increasing the numbers of qualified personnel trained in providing vocational rehabilitation services and other services provided under the Act, to individuals with disabilities. Financial assistance is provided through multiple training programs, including:\n\n(1) Rehabilitation Long-Term Training (34 CFR part 386).\n\n(2) Innovative Rehabilitation Training (34 CFR part 387).\n\n(3) Rehabilitation Short-Term Training (34 CFR part 390).\n\n(4) Training of Interpreters for Individuals Who Are Deaf and Hard of Hearing and Individuals Who Are Deaf-Blind (34 CFR part 396)."], ["34:34:2.1.1.1.18.1.137.2", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 385.2 Who is eligible for assistance under these programs?", "ED", "", "", "", "States and public or private nonprofit agencies and organizations, including Indian tribes and institutions of higher education, are eligible for assistance under the Rehabilitation Training program."], ["34:34:2.1.1.1.18.1.137.3", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 385.3 What regulations apply to these programs?", "ED", "", "", "", "The following regulations apply to the Rehabilitation Training program:\n\n(a) The Education Department General Administrative Regulations (EDGAR) as follows:\n\n(1) 34 CFR part 75 (Direct Grant Programs).\n\n(2) 34 CFR part 77 (Definitions That Apply to Department Regulations).\n\n(3) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).\n\n(4) 34 CFR part 81 (General Education Provisions Act\u2014Enforcement).\n\n(5) 34 CFR part 82 (New Restrictions on Lobbying).\n\n(6) 34 CFR part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).\n\n(7) 34 CFR part 86 (Drug-Free Schools and Campuses).\n\n(8) 34 CFR part 97 (Protection of Human Subjects).\n\n(9) 34 CFR part 98 (Student Rights in Research, Experimental Programs, and Testing.\n\n(10) 34 CFR part 99 (Family Educational Rights and Privacy).\n\n(b) The regulations in this part 385.\n\n(c) [Reserved]\n\n(d)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and\n\n(2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted at 2 CFR part 3474."], ["34:34:2.1.1.1.18.1.137.4", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 385.4 What definitions apply to these programs?", "ED", "", "", "[81 FR 55614, Aug. 19, 2016, as amended at 82 FR 31913, July 11, 2017]", "(a) The following definitions in 34 CFR part 77 apply to the programs under the Rehabilitation Training Program\u2014\n\nApplicant\n \n Application\n \n Award\n \n Budget Period\n \n Department\n \n EDGAR\n \n Grantee\n \n Nonprofit\n \n Private\n \n Project\n \n Project Period\n \n Public\n \n Secretary\n\nApplicant\n\nApplication\n\nAward\n\nBudget Period\n\nDepartment\n\nEDGAR\n\nGrantee\n\nNonprofit\n\nPrivate\n\nProject\n\nProject Period\n\nPublic\n\nSecretary\n\n(b) The following definitions also apply to programs under the Rehabilitation Training program:\n\nAct  means the Rehabilitation Act of 1973, as amended (29 U.S.C. 701  et seq. ).\n\nAssistive technology  means technology designed to be utilized in an assistive technology device or assistive technology service.\n\nAssistive technology device  means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.\n\nAssistive technology service  means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. The term includes\u2014\n\n(i) The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;\n\n(ii) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;\n\n(iii) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;\n\n(iv) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;\n\n(v) Training or technical assistance for an individual with disabilities, or, if appropriate, the family of an individual with disabilities;\n\n(vi) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and\n\n(vii) A service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities.\n\nCommunity rehabilitation program  means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement\u2014\n\n(i) Medical, psychiatric, psychological, social, and vocational services that are provided under one management;\n\n(ii) Testing, fitting, or training in the use of prosthetic and orthotic devices;\n\n(iii) Recreational therapy;\n\n(iv) Physical and occupational therapy;\n\n(v) Speech, language, and hearing therapy;\n\n(vi) Psychiatric, psychological, and social services, including positive behavior management;\n\n(vii) Assessment for determining eligibility and vocational rehabilitation needs;\n\n(viii) Rehabilitation technology;\n\n(ix) Job development, placement, and retention services;\n\n(x) Evaluation or control of specific disabilities;\n\n(xi) Orientation and mobility services for individuals who are blind;\n\n(xii) Extended employment;\n\n(xiii) Psychosocial rehabilitation services;\n\n(xiv) Supported employment services and extended services;\n\n(xv) Services to family members when necessary to the vocational rehabilitation of the individual;\n\n(xvi) Personal assistance services; or\n\n(xvii) Services similar to the services described in paragraphs (i) through (xvi) of this definition.\n\nDesignated State agency  means an agency designated under section 7(8) and 101(a)(2)(A) of the Act.\n\nDesignated State unit  means\n\n(i) Any State agency unit required under section 7(8) and 101(a)(2)(B) of the Act, or\n\n(ii) In cases in which no State agency unit is required, the State agency described in section 101(a)(2)(B)(ii) of the Act.\n\nIndependent living core services  means\u2014\n\n(i) Information and referral services;\n\n(ii) Independent living skills training;\n\n(iii) Peer counseling, including cross-disability peer counseling; and\n\n(iv) Individual and systems advocacy.\n\nIndependent living services  includes\u2014\n\n(i) Independent living core services; and\n\n(ii)(A) Counseling services, including psychological, psychotherapeutic, and related services;\n\n(B) Services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities);\n\n(C) Rehabilitation technology;\n\n(D) Mobility training;\n\n(E) Services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services;\n\n(F) Personal assistance services, including attendant care and the training of personnel providing these services;\n\n(G) Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;\n\n(H) Consumer information programs on rehabilitation and independent living services available under this Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act;\n\n(I) Education and training necessary for living in the community and participating in community activities;\n\n(J) Supported living;\n\n(K) Transportation, including referral and assistance for transportation;\n\n(L) Physical rehabilitation;\n\n(M) Therapeutic treatment;\n\n(N) Provision of needed prostheses and other appliances and devices;\n\n(O) Individual and group social and recreational services;\n\n(P) Training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options;\n\n(Q) Services for children;\n\n(R) Services under other Federal, State, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with disabilities;\n\n(S) Appropriate preventive services to decrease the need of individuals assisted under this Act for similar services in the future;\n\n(T) Community awareness programs to enhance the understanding and integration of individuals with disabilities; and\n\n(U) Such other services as may be necessary and not inconsistent with the provisions of this Act.\n\nIndividual with a disability  means any individual who\u2014\n\n(i) Has a physical or mental impairment, which for that individual constitutes or results in a substantial impediment to employment;\n\n(ii) Can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to title I, III, or VI of the Rehabilitation Act of 1973, as amended; and\n\n(iii) Has a disability as defined in section 7(20)(B) of the Act.\n\nIndividual with a significant disability  means an individual with a disability\u2014\n\n(i) Who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome;\n\n(ii) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and\n\n(iii) Who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, intellectual disability, respiratory or pulmonary dysfunction, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs.\n\nInstitution of higher education  has the meaning given the term in section 101(a) of the Higher Education Act (20 U.S.C. 1001(a)).\n\nPersonal assistance services  means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. The services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.\n\nQualified personnel.  (i) For designated State agencies or designated State units, means personnel who have met standards that are consistent with existing national or State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing vocational rehabilitation services.\n\n(ii) For other than designated State agencies or designated State units, means personnel who have met existing State certification or licensure requirements, or, in the absence of State requirements, have met professionally accepted requirements established by national certification boards.\n\nRehabilitation services  means services, including vocational, medical, social, and psychological rehabilitation services and other services under the Rehabilitation Act, provided to individuals with disabilities in performing functions necessary in preparing for, securing, retaining, or regaining an employment or independent living outcome.\n\nRehabilitation technology  means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.\n\nState  includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.\n\nStipend  means financial assistance on behalf of individuals in support of their training, as opposed to salary payment for services provided within the project.\n\nSupported employment  means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, for individuals with the most severe disabilities\u2014\n\n(i)(A) For whom competitive integrated employment has not traditionally occurred; or\n\n(B) For whom competitive employment has been interrupted or intermittent as a result of a severe disability; and\n\n(ii) Who, because of the nature and severity of their disability, need intensive supported employment services from the designated State unit and extended services after transition in order to perform the work involved.\n\nSupported employment services  means ongoing support services, including customized employment, and other appropriate services needed to support and maintain an individual with most severe disability in supported employment, that are\u2014\n\n(i) Provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in entering or maintaining integrated, competitive employment;\n\n(ii) Based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and\n\n(iii) Provided by the designated State unit for a period of time not more than 24 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized plan for employment.\n\nVocational rehabilitation services  means services provided to an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, and services provided for the benefit of groups of individuals with disabilities. Vocational Rehabilitation Services for an individual with a disability may include\u2014\n\n(i) An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;\n\n(ii) Counseling and guidance, including information and support services to assist an individual in exercising informed choice;\n\n(iii) Referral and other services to secure needed services from other agencies;\n\n(iv) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;\n\n(v) Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials;\n\n(vi) Diagnosis and treatment of physical and mental impairments;\n\n(vii) Maintenance for additional costs incurred while the individual is receiving services;\n\n(viii) Transportation;\n\n(ix) On-the-job or other related personal assistance services;\n\n(x) Interpreter and reader services;\n\n(xi) Rehabilitation teaching services, and orientation and mobility services;\n\n(xii) Occupational licenses, tools, equipment, and initial stocks and supplies;\n\n(xiii) Technical assistance and other consultation services to conduct market analysis, develop business plans, and otherwise provide resources to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome;\n\n(xiv) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;\n\n(xv) Transition services for individuals with disabilities that facilitate the achievement of employment outcomes;\n\n(xvi) Supported employment services;\n\n(xvii) Services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome;\n\n(xviii) Post-employment services necessary to assist an individual with a disability to retain, regain, or advance in employment; and\n\n(xix) Expansion of employment opportunities for individuals with disabilities, which includes, but is not limited to\u2014\n\n(A) Self-employment, business ownership, and entrepreneurship;\n\n(B) Non-traditional jobs, professional employment, and work settings;\n\n(C) Collaborating with employers, Economic Development Councils, and others in creating new jobs and career advancement options in local job markets through the use of job restructuring and other methods; and\n\n(D) Other services as identified by the Secretary and published in the  Federal Register ."], ["34:34:2.1.1.1.18.3.137.1", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "C", "Subpart C\u2014How Does One Apply for a Grant?", "", "\u00a7 385.20 What are the application procedures for these programs?", "ED", "", "", "", "The Secretary gives the designated State agency an opportunity to review and comment on applications submitted from within the State that it serves. The procedures to be followed by the applicant and the State are in 34 CFR 75.155 through 75.159."], ["34:34:2.1.1.1.18.4.137.1", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "D", "Subpart D\u2014How Does the Secretary Make a Grant?", "", "\u00a7 385.30 [Reserved]", "ED", "", "", "", ""], ["34:34:2.1.1.1.18.4.137.2", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "D", "Subpart D\u2014How Does the Secretary Make a Grant?", "", "\u00a7 385.31 How does the Secretary evaluate an application?", "ED", "", "", "", "(a) The Secretary evaluates applications under the procedures in 34 CFR part 75.\n\n(b) The Secretary evaluates each application using selection criteria identified in parts 386, 387, and 390, as appropriate.\n\n(c) In addition to the selection criteria described in paragraph (b) of this section, the Secretary evaluates each application using\u2014\n\n(1) Selection criteria in 34 CFR 75.210;\n\n(2) Selection criteria established under 34 CFR 75.209; or\n\n(3) A combination of selection criteria established under 34 CFR 75.209 and selection criteria in 34 CFR 75.210."], ["34:34:2.1.1.1.18.4.137.3", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "D", "Subpart D\u2014How Does the Secretary Make a Grant?", "", "\u00a7 385.33 What other factors does the Secretary consider in reviewing an application?", "ED", "", "", "", "In addition to the selection criteria listed in \u00a7 75.210 and parts 386, 387, and 390, the Secretary, in making awards under this program, considers such factors as\u2014\n\n(a) The geographical distribution of projects in each Rehabilitation Training Program category throughout the country; and\n\n(b) The past performance of the applicant in carrying out similar training activities under previously awarded grants, as indicated by such factors as compliance with grant conditions, soundness of programmatic and financial management practices and attainment of established project objectives."], ["34:34:2.1.1.1.18.5.137.1", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.40 What are the requirements pertaining to the membership of a project advisory committee?", "ED", "", "", "", "If a project establishes an advisory committee, its membership must include individuals with disabilities or parents, family members, guardians, advocates, or other authorized representatives of the individuals; members of minority groups; trainees; and providers of vocational rehabilitation and independent living rehabilitation services."], ["34:34:2.1.1.1.18.5.137.2", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.41 What are the requirements affecting the collection of data from designated State agencies?", "ED", "", "", "", "If the collection of data is necessary from individuals with disabilities being served by two or more designated State agencies or from employees of two or more of these agencies, the project director must submit requests for the data to appropriate representatives of the affected agencies, as determined by the Secretary. This requirement also applies to employed project staff and individuals enrolled in courses of study supported under these programs."], ["34:34:2.1.1.1.18.5.137.3", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.42 What are the requirements affecting the dissemination of training materials?", "ED", "", "", "", "A set of any training materials developed under the Rehabilitation Training Program must be submitted to any information clearinghouse designated by the Secretary."], ["34:34:2.1.1.1.18.5.137.4", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.43 What requirements apply to the training of rehabilitation counselors and other rehabilitation personnel?", "ED", "", "", "", "Any grantee who provides training of rehabilitation counselors or other rehabilitation personnel must train those counselors and personnel on the services provided under this Act, and, in particular, services provided in accordance with amendments made to the Rehabilitation Act by the Workforce Innovation and Opportunity Act of 2014. The grantee must also furnish training to these counselors and personnel regarding applications of rehabilitation technology in vocational rehabilitation services, the applicability of section 504 of this Act, title I of the Americans with Disabilities Act of 1990, and the provisions of titles II and XVI of the Social Security Act that are related to work incentives for individuals with disabilities."], ["34:34:2.1.1.1.18.5.137.5", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.44 What requirement applies to the training of individuals with disabilities?", "ED", "", "", "", "Any grantee or contractor who provides training shall give due regard to the training of individuals with disabilities as part of its effort to increase the number of qualified personnel available to provide rehabilitation services."], ["34:34:2.1.1.1.18.5.137.6", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.45 What additional application requirements apply to the training of individuals for rehabilitation careers?", "ED", "", "", "", "(a) All applicants for a grant or contract to provide training shall demonstrate how the training they plan to provide will prepare rehabilitation professionals to address the needs of individuals with disabilities from minority backgrounds.\n\n(b) All applicants for a grant shall include a detailed description of strategies that will be utilized to recruit and train persons so as to reflect the diverse populations of the United States, as part of the effort to increase the number of individuals with disabilities, individuals who are members of minority groups, who are available to provide rehabilitation services."], ["34:34:2.1.1.1.18.5.137.7", 34, "Education", "III", "", "385", "PART 385\u2014REHABILITATION TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 385.46 What limitations apply to the rate of pay for experts or consultants appointed or serving under contract under the Rehabilitation Training program?", "ED", "", "", "", "An expert or consultant appointed or serving under contract pursuant to this section shall be compensated at a rate subject to approval of the Commissioner which shall not exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, United States Code. Such an expert or consultant may be allowed travel and transportation expenses in accordance with section 5703 of title 5, United States Code."], ["46:46:8.0.1.11.40.0.12.1", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.1 Scope.", "FMC", "", "", "", "This part sets forth information about the Maritime Administration (MarAd) assistance regulations: Their purpose, authority, applicability, issuance, arrangement, implementation, and exception procedure; definitions of terms; and general MarAd assistance policies."], ["46:46:8.0.1.11.40.0.13.2", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.2 Scope.", "FMC", "", "", "", "Sections 385.2 through 385.9 set forth introductory information pertaining to the MarAd assistance regulations: Their purpose, authority, applicability, exclusions, issuance, arrangement, publication, and exceptions."], ["46:46:8.0.1.11.40.0.13.3", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.3 Purpose.", "FMC", "", "", "", "Sections 385.2 through 385.9 establish the MarAd assistance regulations which codify, implement, and publish uniform assistance policies and selected procedures applicable to MarAd and recipients of MarAd assistance awards. The MarAd assistance regulations do not, in and of themselves, provide authority for the use of assistance instruments nor the making of assistance awards where statutory authority has not been otherwise provided. Generic authority to award grants and cooperative agreements is provided in Pub. L. 95-224, the Federal Grant and Cooperative Agreement Act of 1977. The assistance regulations are distinct from the Federal and MarAd and Department of Transportation procurement regulations."], ["46:46:8.0.1.11.40.0.13.4", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.4 Authority.", "FMC", "", "", "", "The MarAd assistance regulations are issued pursuant to section 204(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1114(b)), and pursuant to delegation of authority by the Secretary of Transportation to the Maritime Administrator, Department of Transportation."], ["46:46:8.0.1.11.40.0.13.5", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.5 Applicability.", "FMC", "", "", "", "The MarAd assistance regulations apply to all MarAd research and development programs which will result in assistance awards, and to all recipients eligible for MarAd assistance awards such as state and local governments, institutions of higher education, hospitals, other nonprofit organizations, individuals, profitmaking organizations, and foreign organizations. The provisions of this part govern the award and administration of all such financial assistance matters, including resolutions and guidelines issued by MarAd except:\n\n(a) As otherwise required by statute; and,\n\n(b) As otherwise provided by specific program regulations."], ["46:46:8.0.1.11.40.0.13.6", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.6 Exclusions.", "FMC", "", "", "", "Excluded from this part are requirements pertaining to procurement contracts subject to the Federal Property and Administrative Services Act of 1949 and the Federal and MarAd procurement regulations, interagency agreements, memorandums of understanding and programs or projects which directly disseminate technical information, or provide consultation, technical service, information, and data counseling to recipients without the use of an assistance instrument. Also excluded is the sale, lease, license, or other authorization to use Federal property, when such use is not incidental to the purpose of stimulation or support."], ["46:46:8.0.1.11.40.0.13.7", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.7 Issuance.", "FMC", "", "", "", "The MarAd assistance regulations are issued in the Code of Federal Regulations as Part 385, Chapter II, of Title 46, Shipping, after publication in the  Federal Register.  Copies of the MarAd assistance regulations in the  Federal Register  and Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402."], ["46:46:8.0.1.11.40.0.13.8", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.8 Arrangement.", "FMC", "", "", "", "(a)  General Plan.  The general format, numbering system, and nomenclature used in this part conform with  Federal Register  standards.\n\n(b)  Citation.  The MarAd assistance regulations will be cited in accordance with  Federal Register  standards. Thus, this paragraph, when referred to within divisions of the MarAd assistance regulations, should be cited as \u201c\u00a7 385.8(b).\u201d When this section is referred to formally in other documents outside of this part, it should be cited as \u201c46 CFR 385.8(b).\u201d\n\n(c)  Implementation.  Instructions and procedures needed by MarAd to internally implement this part will be contained in a separate MarAd Financial Assistance Manual, which will be available to the public upon request."], ["46:46:8.0.1.11.40.0.13.9", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.9 Exceptions, deviations, or waivers.", "FMC", "", "", "", "Requests for exceptions, deviations, or waivers from the requirements of this part, unless exceptions are required by program legislation or program regulations, shall be submitted to the Grants Officer. Exceptions may be approved by the Grants Officer on matters within the scope of his authority, or obtained by said Grants Officer from higher authority within the Department of Transportation or from the Office of Management and Budget when required by law or other applicable Federal requirement."], ["46:46:8.0.1.11.40.0.14.10", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.20 Scope.", "FMC", "", "", "", "Only those definitions needed to understand this part will be defined. Generally, terms defined elsewhere in statutes, OMB circulars, and other Federal requirements will not be restated. Special attention is directed to the definitions in the Standard General Provisions of MarAd's grant and cooperative agreements (See \u00a7 385.62)."], ["46:46:8.0.1.11.40.0.14.11", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.21 Definitions.", "FMC", "", "", "", "(a)  Assistance  is where the principal purpose of the relationship is the transfer of money, property, services or anything of value to a recipient in order to accomplish a public purpose of support or stimulation authorized by Federal statute rather than of acquisition, by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government.\n\n(b)  Assistance instrument  is a general term which identifies a class of instruments used to award assistance. These instruments include grant and cooperative agreements, as defined in \u00a7 385.32 (c) and (d) of this part.\n\n(c)  Act  means the Federal Grant and Cooperative Agreement Act of 1977 (Pub. L. 95-224).\n\n(d)  MarAd  means the Maritime Administration within the Department of Transportation.\n\n(e)  Secretary  means the Secretary of Transportation.\n\n(f)  Maritime Administrator  means the Maritime Administrator, Department of Transportation to whom the Secretary has delegated authority to administer within MarAd the provisions of the Act.\n\n(g)  Grants Officer  means the primary delegate of the Maritime Administrator responsible for administration of grants and cooperative agreements for research and development within MarAd.\n\n(h)  Awards Officer  means the principal executive subordinate to the Grants Officer responsible for the day-to-day administration of grants and cooperative agreements for research and development."], ["46:46:8.0.1.11.40.0.15.12", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.31 Scope.", "FMC", "", "", "", "Sections 385.31 through 385.62 set forth the regulations applicable to all assistance instruments as defined herein."], ["46:46:8.0.1.11.40.0.15.13", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.32 Selection of award instrument.", "FMC", "", "", "", "(a)  General.  This section provides guidance on the appropriate use of award instruments consistent with the Act and the supplementary interpretative guidelines required by section 9 of the Act, which were published by the OMB in the  Federal Register  of August 18, 1978 (41 FR 36860), and are incorporated by reference herein. This section applies to all program and individual transactions where the choice of award instruments is within the administrative discretion of MarAd and is not otherwise prescribed or limited by law. A variety of award instruments is available as the means for defining the terms and conditions and the nature of the relationship between MarAd and eligible recipients. The award instruments are intended to be different in purpose, application, content, and nature. When properly employed, they create different relationships between the parties. Because of these differences, the decision to use a particular instrument must be made deliberately. The determination of whether a program, to be implemented through individual transactions, is principally one of acquisition or assistance will be made by the Grants Officer. MarAd generally will employ the cooperative agreement form of assistance instrument but will employ the grant form where deemed appropriate.\n\n(b)  Procurement contract.  A procurement contract shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever (1) the principal purpose of the instrument is the acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government; or (2) whenever MarAd determines in a specific instance that the use of a type of procurement contract is appropriate.\n\n(c)  Grant agreement.  A type of grant agreement shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever the principal purpose of the relationship is the transfer of money, property, services, or anything of value to the state or local government or other recipient in order to accomplish a public purpose of support or stimulation authorized by Federal statute, rather than acquisition, by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government; and no substantial involvement is anticipated between MarAd, acting for the Federal Government, and the state or local government or other recipient during performance of the contemplated activity.\n\n(d)  Cooperative agreement.  A type of cooperative agreement shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever the principal purpose of the relationship is the transfer of money, property, services, or anything of value to the state or local government or other recipient in order to accomplish a public purpose of support or stimulation authorized by Federal statute, rather than acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government; and substantial involvement is anticipated between MarAd, acting for the Federal Government, and the state or local government or other recipient during performance of the contemplated activity."], ["46:46:8.0.1.11.40.0.15.14", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.33 Unsolicited applications and proposals for financial assistance awards.", "FMC", "", "", "", "(a)  Policy.  Although it is MarAd policy to solicit applications and proposals for assistance awards where possible, MarAd also values obtaining innovative ideas, methods, and approaches in maritime transportation areas offered by the public through unsolicited applications and proposals. It is the policy of the Government to foster and encourage the submission of unsolicited proposals. This \u00a7 385.33 is designed to encourage the submisson of unsolicited proposals relating to MarAd's mission and to eliminate restraints which discourage the generation and acceptance of innovative ideas through unsolicited proposals.\n\n(b)  Scope.  This section applies to unsolicited proposals being considered for support through an assistance instrument. This section does not apply when a procurement contract is the appropriate award instrument in accordance with \u00a7 385.32(b).\n\n(c)  Definition of unsolicited proposal.  The term  unsolicited proposal  means a written offer to perform a proposed task or effort, initiated and submitted to MarAd by a prospective recipient (offeror) without solicitation by MarAd, and with the objective of obtaining an award. The term may include both requests for support of a new project and requests for additional support of a previously funded project (renewals).\n\n(d)  Advance consultation.  Organizations or individuals who are interested in submitting an unsolicited proposal are encouraged, before expending extensive effort in preparing a detailed unsolicited proposal or submitting any proprietary information to the Government, to make preliminary inquiries of MarAd program staff as to the general interest in the type of project contemplated. Prior contact with agency technical personnel is permissible and is encouraged, with the limited objectives of conveying to the prospective recipient an understanding of the agency mission and interest relative to the type of project contemplated. The project officer shall not indicate or imply in discussions with the potential proposer that a proposal will result in an award. Nothing is to be suggested to encourage or authorize the potential proposer to perform any work at MarAd expense in anticipation of support or an award. If there have been prior discussions with a particular MarAd program office, a statement of this fact should be stated on the face of the proposal.\n\n(e)  Guides.  Guides for preparing the content of unsolicited proposals are available from the Awards Officer (M-900), Maritime Administration, U.S. Department of Transportation, Washington, DC 20590. Notwithstanding these guides, state and local governments may submit unsolicited applications or proposals using the application forms authorized by OMB Circular No. A-102, Attachment M.\n\n(f)  Submission point.  All unsolicited proposals for new or renewals of financial assistance awards shall be submitted to Awards Officer (M-900), Maritime Administration, U.S. Department of Transportation, Washington, DC 20590.\n\n(g)  Receipt and review.  (1) Receipt of unsolicited proposals will be acknowledged promptly by the Awards Officer and then forwarded expeditiously to potentially interested program offices for comment. Each unsolicited proposal that is circulated for a comprehensive evaluation shall have a legend attached or imprinted on it by the Awards Officer, identifying it as an unsolicited proposal and stating that it shall be used only for purposes of evaluation.\n\n(2) The responsible program officials shall evaluate the proposal fairly and objectively using the criteria in \u00a7\u00a7 385.50 through 385.52.\n\n(3) An unsolicited proposal may include data which the proposer does not want disclosed for purposes other than the evaluation of the proposal. In such case, the proposer should mark each page containing such data with the words \u201cProprietory Data\u2014Restricted Use\u201d at the top of the page. In the event that an unsolicited proposal, in whole or in part, indicates that the proposer wishes to impose restrictions on the use or disclosure of the data contained in the proposal, MarAd personnel handling the proposal will take care to ensure that the information in the proposal is not disclosed outside of MarAd. The Awards Officer has responsibility for ensuring that proposal reviewers are free of any direct affiliation with the individual(s) or institution submitting the proposal. MarAd policy on the use of information contained in proposals is to use such information only for evaluation purposes, except to the extent such information is generally available to the public, is already the property of the Government, or is available to the Government without restriction. Accordingly, if a proposal contains information the proposer wishes to protect, the proposer shall mark the cover page of the proposal with the following Notice:\n\nNotice:  The data contained in pages ____ of this proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential commercial or financial information, and such data shall be used or disclosed only for evaluation purposes:  Provided,  That if this proposer receives an award as a result of or in connection with the submission of this proposal the Government shall have the right to use or disclose the data herein to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the proposer.\n\nNotice:  The data contained in pages ____ of this proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential commercial or financial information, and such data shall be used or disclosed only for evaluation purposes:  Provided,  That if this proposer receives an award as a result of or in connection with the submission of this proposal the Government shall have the right to use or disclose the data herein to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the proposer.\n\nMarAd shall ensure that all copies of the proposal carry the above Notice, and that it is not disclosed outside MarAd, except with the consent of the proposer.\n\n(h)  Criteria  for acceptance of an unsolicited proposal are those listed in \u00a7\u00a7 385.50 through 385.52. If an unsolicited proposal fails to meet any of the criteria, the proposer will be notified by the Awards Officer in accordance with paragraph (j) of this section.\n\n(i)  Funding determination.  The responsibility for deciding funding availability rests solely with the Grants Officer and will not be considered by the proposal reviewers.\n\n(j)  Nonsupport of proposal.  If the proposal does not offer sufficient technical merit or program value; is not relevant to the accomplishment of a public purpose authorized by MarAd program legislation; or if funds are not available; the proposal will be returned to the proposer, if the proposer so requests. The Awards Officer shall prepare a letter to the proposer which sets forth the basis for rejection of the unsolicited proposal or application.\n\n(k)  Support of proposal.  There is no prescribed format for the program documentation necessary to justify providing assistance. The minimum requirements are that: there be a reasonable basis for acceptance based on the criteria set forth in \u00a7\u00a7 385.50 through 385.52; the rationale for providing support be written, and approvals be obtained as required by MarAd; and, that a copy of the documentation be included in the assistance instrument award file. The rationale for providing assistance may be included in documents required for project approval."], ["46:46:8.0.1.11.40.0.15.15", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.34 Responsibility for issuing solicitations for proposals or applications.", "FMC", "", "", "", "(a) It is MarAd policy to favor solicitation of proposals or applications, where discretionary assistance awards are available, in preference to relying on unsolicited proposals, in order to maximize opportunities for open participation by the public in MarAd assistance awards.\n\n(b) The Awards Officer shall be responsible for issuing solicitations, announcements, or the like, which call for the submission of proposals and applications by a certain due date which, if favorably acted upon by MarAd, may result in assistance awards."], ["46:46:8.0.1.11.40.0.15.16", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.35 Program opportunity notices.", "FMC", "", "", "", "(a) A program opportunity notice can be used to stimulate the flow of unsolicited proposals or applications when the program objectives cannot be defined sufficiently to prepare a program solicitation.\n\n(b) The program opportunity notice will contain the following, at a minimum:\n\n(1) A number assigned for control and reference purposes;\n\n(2) A brief description of the broad, general technical program or areas needing investigation (generally 50 words or less);\n\n(3) A statement of the principal program objective in possibly funding unsolicited proposals as either:\n\n(i) The acquisition of concepts, property, or services for the direct benefit or use of the Federal Government; or\n\n(ii) The transfer of money, property, or services to a recipient for support or stimulation authorized by Federal statute;\n\n(4) A statement about how unsolicited proposals will be evaluated and accepted:\n\n(i) If the principal program objective is to accomplish a public purpose of support or stimulation, the criteria in \u00a7\u00a7 385.50 through 385.52 shall be applied;\n\n(ii) If the principal program objective is the acquisition of concepts, property, or services for the direct benefit or use of the Federal Government (i.e., procurement), the policy regarding evaluation and acceptance of unsolicited proposals in 41 CFR 9-4.9 shall apply;\n\n(5) Restrictions, if any, as to who may submit proposals;\n\n(6) A contact where additional information may be obtained;\n\n(7) An expiration date which identifies when the program opportunity notice will no longer be current. This date shall not be used as a required common due date for submission of proposals;\n\n(8) A statement that MarAd reserves the right to support or not support, in whole or in part, any or all proposals received;\n\n(9) A statement that MarAd assumes no responsibility for any costs associated with specific proposal preparation if no award is made; but that if an award is made, MarAd will pay its allocable share of bid and proposal expenses as provided for in applicable Federal cost principles;\n\n(10) A statement that proposals submitted pursuant to the notice shall be mailed to the Awards Officer (M-900), Maritime Administration, Room 4885, U.S. Department of Transportation, Washington, DC 20590.\n\n(11) A reference that detailed information concerning assistance policy and procedures is contained in these assistance regulations, 46 CFR part 385;\n\n(12) As much information as possible as to how proposals and applications will be evaluated;\n\n(13) Policies and procedures for patents, data, and copyrights. Proposers have the right to request in advance of or within thirty (30) days after the effective date of award a waiver of all or any part of the United States rights in subject inventions.\n\n(c) The program opportunity notice shall be in a format that best reflects the needs of the specific program, for example, letter, booklet, bulletin, or other documents.\n\n(d) The program opportunity notice shall be distributed widely. It may be distributed to industry associations, including small business associations; schools, colleges, and universities; appropriate professional and scientific journals; state, local, and regional governmental organizations; the Commerce Business Daily; other MarAd offices; and individuals and organizations who request copies on a one-time basis.\n\n(e) The submission of innovative methods, approaches or ideas will not be restricted to those problems or technical areas published in the program opportunity notice. Alternatives will be eligible for consideration."], ["46:46:8.0.1.11.40.0.15.17", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.36 Public notice of availability of assistance awards.", "FMC", "", "", "", "(a) In order to maximize involvement of prospective recipients in MarAd assistance programs, it is MarAd's policy, wherever possible, to provide timely notice to the public as to the availability of assistance awards.\n\n(b) Early notice regarding legislated grant or other assistance programs will br provided by MarAd to the Office of Management and Budget for publication in the Catalog of Federal Domestic Assistance pursuant to Office of Management and Budget Circular No. A-89. When legislated assistance programs or program objectives which are to be implemented through assistance instruments reach the point where applications or proposals need to be obtained, timely notice of such solicitations will be published in the  Federal Register,  Commerce Business Daily, trade and professional journals which are widely circulated to state and local governments, and news media, as appropriate to communicate with potentially interested applicants.\n\n(c) When a MarAd assistance project involves making assistance available through prime recipients to subrecipients, such as through states to local governments, prime recipients should provide timely advance notice to subrecipients as to the availability of such assistance, and provide a reasonable time period for subrecipients to prepare applications and secure prerequisite local approvals."], ["46:46:8.0.1.11.40.0.15.18", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.37 Requirement for unrestricted solicitations for discretionary assistance awards.", "FMC", "", "", "", "(a)  Policy.  It is MarAd policy to maximize the opportunity for prospective recipients to be considered for assistance awards where eligibility is not prescribed by law. Therefore, when eligibility is not prescribed by law or a final program regulation, and when discretionary assistance awards are selected to accomplish a program objective, applications or proposals will be obtained, wherever practicable, by issuance of a written solicitation. When MarAd initiates the solicitation of applications or proposals, eligibility to be considered for discretionary awards will not be restricted by MarAd to one category of recipients or to a single recipient without adequate basis.\n\n(b)  Justification of restricted eligibility.  Where program legislation explicitly restricts eligibility, e.g., to state governments, no justification is required. When program regulations restrict eligibility beyond the restrictions required by the program legislation, the basis for the restriction shall be set forth in the program rulemaking.\n\n41 CFR 9-3.805-51 shall be used as a guide in preparing the \u201cjustification for restricting eligibility.\u201d The reasons offered will be evaluated for consistency with the policy in paragraph (a) of this section, MarAd's overall mission, and the objective of maintaining an open and fair system of making assistance awards.\n\n(c)  Approvals.  Justifications of restricted eligibility will be signed by the Grants Officer and will be reviewed by Office of General Counsel for legal sufficiency prior to issuance of the restricted solicitation. The signed justification will be filed in official award file."], ["46:46:8.0.1.11.40.0.15.19", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.38 Joint funding.", "FMC", "", "", "", "(a) Pursuant to section 10(c) of the Act, MarAd is authorized to participate in joint funded projects with other Federal agencies in any funding relationship which will serve the best interest of all of the participating agencies' program. Such joint funding project may include more than one type of assistance relationship, e.g., some components of project may be funded by grants and other components of the project may be funded by cooperative agreements.\n\n(b) It is MarAd's positive policy, further, to encourage cost-sharing on the part of applicants for financial assistance. The willingness of applicants to cost-share is a primary factor in making, or not making, an assistance award."], ["46:46:8.0.1.11.40.0.15.20", 46, "Shipping", "II", "J", "385", "PART 385\u2014RESEARCH AND DEVELOPMENT GRANT AND COOPERATIVE AGREEMENTS REGULATIONS", "", "", "", "\u00a7 385.39 Socio-economic and environmental policies.", "FMC", "", "", "", "A number of socio-economic and environmental policies of the Federal Government are incorporated into the standard general provisions of the grant agreement and cooperative agreements, and are identified as explicit criteria in \u00a7\u00a7 385.51 and 385.52."]], "truncated": false, "filtered_table_rows_count": 219, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "385"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=385", "results": [{"value": 49, "label": 49, "count": 112, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=385&title_number=49", "selected": false}, {"value": 33, "label": 33, "count": 40, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=385&title_number=33", "selected": false}, {"value": 46, "label": 46, "count": 27, "toggle_url": 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