Emerging Policy. Post Marks from the Bleeding Edge. Dennis Duke

Transcription

1 Emerging Policy Post Marks from the Bleeding Edge Dennis Duke

2 Why Postmarks? Highlights of some key policy issues, not in-depth discussion. Why Bleeding Edge? Many current restoration policies were developed and refined during early CERP implementation, too often by trial and painful error.

3 Topics Origins of Policy Early Restoration Challenges for Corps Other Agency Challenges Future Challenges for All

4 Restoration - There is a dream!

5 Then there is reality $

6 Origins of Policy Congress Legislation Executive Office Executive Orders Agencies Regulations and directives And then come the Lawyers with Legal Opinions and court actions

7 Remember Laws provide the authority However, Policy is the interpretation of the law and provides direction on how it will be implemented!

8 Just Remember - the Devil is in the Details! So - Who does set Policy for Corps? White House Top Level Federal Goals and direction CEQ More specific guidance for Coordinated Federal Effort OMB Budgetary guidance to support Program ASA(CW) Corps Policy and Direction HQ USACE Implementing Policy details

9 WRDA 1986 Heralded a new era for Restoration New mission for Corps with new Authorities from Congress. New authorizations focused on modifying existing projects for restoration.

10 In the Early Days post WRDA 1986 Traditional Projects were being modified to address environmental concern AKA Section 1135 Minimal new policy guidance needed for project modifications. Projects continued to move fairly smoothly (at least in retrospect).

11 Policy Development in the early years of restoration Start Out Soaring with High Expectations on Ground Breaking Journey Soon You are Going Great! Setting precedent for others to follow Then, just when you think things are going well and nothing could not go wrong Crash!

12 Mid 90 s In Florida Endangered Species Issues Took Center Stage for Restoration Jeopardy Opinion Issued for Central and Southern Florida Project operations by US FWS. White House, CEQ and Attorney General got involved in developing policy to avoid God Squad resolution. Main Issue - Private property rights vs ESA. Many late night meetings in DC with packed room.

13 Important Points Policy is often be driven by events. Policy can be altered, even reversed at future points. Policy Decisions CAN be influenced by you. Inability to resolve at policy level often results in pushing issue back to technical team for more data or analysis. Preferred Policy yields a win-win option, however, often someone feels otherwise. Beware of policy being set by staff that may or may not reflect agency position.

14 An Historic Event for Everglades and Restoration at Large Signing of the Water Resources Development Act (WRDA) of 2000

15 $ However -Not so fast - Big Challenge Upfront Reality Meeting between OMB and ASA(CW) No new budget authority for Corps for restoration. Must compete within existing levels of funding with other ongoing missions of flood control, navigation, etc. Thus, implementing policies had to reflect this funding reality particularly for the larger projects such as Everglades.

16 Another New Challenge Changing Relationship between Corps and Project Sponsor Restoration established by Congress as a cost share partnership. Equal but not equal partners with Corps retaining Federal Sovereignty, the managing partner Cost Share except that sponsor only credited for those items which have specific authority cite and only after authorization and funding. Sponsor must continue to play by Corps rules and process.

17 Plan Implementation Challenges Early Direction - Implementation must follow established policy and guidelines But Principles and Guidelines were written well before the new mission was authorized and focused on NED. Project Implementation Reports were originally conceived to bridge the gap between feasibility and design However, rapidly reverted to a reformulation type document. Thus, delaying implementation. Project Size - How big of a project, from a dollar standpoint to recommend. The Billion dollar pain threshold..

18 More Challenges Early on, Cash rich state moving forward with plan in advance of Corps (Acceler8) Result - White House and CEQ intervention needed to support. Guidance also needed on Regulatory position for advance work by sponsor. Future Without Condition in light of ongoing actions by State and local sponsors. Future condition for Water Quality in light of Consent Decree Restoration Benefit evaluation and alternative comparison. Cost share credit among projects. Timely Real Estate crediting (still an issue). Acceptance of State developed models and project designs.

19 US EPA Potential Interim adverse impacts to water quality from restoration of flows. New storage now Waters of the US and subject to CWA requirements. Chemical and heavy metal reflux in use of former agricultural lands. New requirements for All Agencies Participating in the planning process under provisions of WRRDA 2014 and accelerated process. Other Agency Policy Challenges US Fish and Wildlife Service Threatened and Endangered Species Interim adverse impacts on road to recovery/restoration. Transition Plans Interim/Provisional Biological Opinion

20 So as we look to the future What to expect

21 Restoration Policy Challenges of the Future Near term - WRRDA 2014 has many new provisions regarding project implementation, review, timelines and sponsor relationships that must be sorted out and guidance provided. Revisions are needed to Principles & Guidelines for Water and Related Land Resources as published by Water Resources Council in Remember, WRDA 2007, Section 2031 calls for revisions to P&G within 2 years. However, subsequent Congressional Actions suspended publication of draft revisions. Incorporation of Ecosystem Services in Restoration Evaluation

22 Restoration Policy Challenges of the Future Practical incorporation of Adaptive Management into long term restoration, authority and funding to adapt, change, or tweak a completed project. Great Plans being written But. How to budget? What are the authorization limits and considerations?

23 Incorporating Climate Change into Design

24 Incorporation of Invasive and Exotic Species Control into Restoration Plans

25 Lest tomorrow s restored environment look totally different! Old World Climbing Fern In 2012 alone, the US Customs and Border Protection Agency intercepted over 1.6 million prohibited plant and animal materials as well as prevented entry of over 174,000 potentially dangerous pests.

26 And then, the Real Unknown Ever Changing Congressional landscape The competition between hard economic projects such as flood control and navigation versus environmental restoration will continue to influence legislation and funding.

27 And to think It all looked so peaceful from up here!

28 Questions/Comments?

29 Thank you!