Programmatic RegulationsPDT Workshop

COMPREHENSIVE EVERGLADES RESTORATION PLAN

April 18, 2002

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

Overview of Assurances Provisions

PDT Workshop

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

Development Process for Regulations

PDT Workshop

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

www.evergladesplan.org/pm/progr_regs.shtml

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

PDT Workshop

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