Programmatic Regulations PDT Workshop COMPREHENSIVE EVERGLADES RESTORATION PLAN April 18, 2002.
Post on 03-Jan-2016
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Why are the Programmatic Regulations Important?
Establishes processes to guide implementation of CERP to ensure that goals and purposes of the Plan are achieved
Defines adaptive management program Provides guidance for PDTs Provides specific requirements for Project
Implementation Reports and Operating Manuals
Topics
Overview of WRDA 2000 Assurances Provisions Development Process for Regulations Current Status
WRDA 2000 - Everglades Provisions
Approval of plan as framework for modifications to
C&SF Project
Initial Projects - $1.2 Billion estimated cost, including
adaptive assessment
Programmatic Authority - $206 million total cost
Projects in Plan not authorized in WRDA 2000 will
require future authorization by Congress
Other provisions address cost sharing, assurances,
independent scientific review, and reports to Congress
“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.
The Plan shall be implemented…. to achieve and maintain the benefits to the natural system and human environment described in the Plan….”
Assurance of Project Benefits Provisions(Section 601(h) of WRDA 2000)
Highlights of Assurances Provisions
Agreement between President and Governor Programmatic Regulations within 2 years to ensure
goals and purposes of Plan are achieved Project Specific Assurances Savings Clause
President and Governor Agreement
Executed on January 9, 2002
….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 for the project and consistent with the Plan
Programmatic Regulations
Section 601(h)(3) requires:
...the Secretary of the Army promulgate programmatic regulations to ensure that the goals and purposes of the Comprehensive Plan are achieved.
...that these regulations be developed within two years of the date of enactment; after notice and opportunity for public comment; with the concurrence of the Governor and the Secretary of the Interior; 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.
Review of regulations required whenever necessary to attain Plan goals and purposes, but at least every 5 years
Concurrence Requirements
Statement required from Governor and Secretary of Interior on concurrence or non-concurrence on regulation
180-day concurrency period begins after end of public comment period on proposed regulations
Failure to provide statement will be deemed as meeting requirements of concurrency
Concurrence prohibited on PIRs, PCAs, Operating Manuals, or other project documents
Project-Specific Assurances
Project Implementation Reports (PIR)– Identify amount of water to be reserved for natural system
under state law Project Cooperation Agreements (PCA)
– Can not be executed until reservation identified in PIR is executed under state law
Operating Manuals– Must be consistent with water reservation described in
PIR and PCA
Savings Clause
No elimination or transfer of existing legal sources of water until a new source of comparable quantity and quality is available
No reduction of levels of service of flood protection that are:– In existence on the date of enactment; and
– In accordance with applicable law
No effect on Seminole Tribal water compact
Identifying Water Made Available by CERP
CERP Water
Water Reserved for the Natural System
Water Available for Consumptive
Use
BaselineWater
Existing Water Delivered by C&SF
Project
Programmatic Regulations Development Process
DraftOutline
PublishFinalRule
(FederalRegister)
PublishProposed
Rule(FederalRegister)
InitialDraft of
Regulation
PrepareFinal Rule
PublicComment
Period
DOI and State
Concurrence
Coordination and Outreach Activities
Three rounds of meetings held with agencies and interest groups
Two public workshops held Meetings held with Miccosukee and Seminole
Tribes Numerous briefings/workshops for:
– SFWMD Governing Board– Water Resources Advisory Commission– Task Force and Working Group
Content of Regulations
For development of project implementation reports, project cooperation agreements, and operating manuals that ensure that goals and objectives of the Plan are achieved
To ensure that new information from changed or unforeseen circumstances, new scientific or technical information or information developed through adaptive management, or future authorized changes to the Plan are integrated into the implementation of the Plan
To ensure the protection of the natural system consistent with the goals and purposes of the Plan, including the establishment of interim goals to provide a means to evaluate success of the Plan
Establish a Process —
Outline of Regulation
Preamble General Provisions Program Goals and Responsibilities CERP Implementation Processes Incorporating New Information into the Plan Ensuring Protection of the Natural System and
Water Availability Consistent with the Goals and Purposes of the Plan
Appendix - Figures
(New Part 385 to Title 33 CFR)
Current Status
OMB reviewing draft proposed rule Publish proposed rule in Federal Register after
OMB clearance Open 60-day public comment period Initiate concurrence process after close of public
comment period Prepare final rule
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