Programmatic Regulations

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Programmatic Regulations
PDT Workshop
April 18, 2002
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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

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Topics

• Overview of WRDA 2000 Assurances Provisions
• Development Process for Regulations
• Current Status

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Overview of Assurances Provisions
PDT Workshop
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WRDA 2000 - Everglades Provisions

• Approval of plan as framework for modifications
  to CSF 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

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Assurance of Project Benefits Provisions(Section
601(h) of WRDA 2000)
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.
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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

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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

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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

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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

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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

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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

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Identifying Water Made Available by CERP
Water Available for Consumptive Use
CERP Water
Water Reserved for the Natural System
Baseline Water
Existing Water Delivered by CSF Project
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Development Process for Regulations
PDT Workshop
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Programmatic Regulations Development Process
Draft Outline
Publish Final Rule (Federal Register)
Publish Proposed Rule (Federal Register)
Initial Draft of Regulation
Prepare Final Rule
Public Comment Period
DOI and State Concurrence
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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

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www.evergladesplan.org/pm/progr_regs.shtml
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Content of Regulations
Establish a Process

• 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

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Outline of Regulation
(New Part 385 to Title 33 CFR)

• 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

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Current Status
PDT Workshop
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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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