Download Three 10`s to Think About - Husch Blackwell

Fort Bend Flood
Management Association
Annual Symposium
Oct. 3, 2014
Three 10’s to Think About
Karin Jacoby
Presentation Outline
 Ten Things to Watch
 Federal Rules, Regulation and Legislation
 Ten Year Turn
 From Safe Levees to Levee Safety
 Ten Ways to Make a Difference
 Things you can do
Fighting the Flood of Federal
Rules, Regulation, and Legislation
 What is it ?
 Who’s doing it ?
 Why care ?
 Stated intent is to provide
1. ESA
clarity for listing of species
Rulemaking
and also for designation of
critical habitat, much of
which is found to occur at
Fish & Wildlife or near rivers and streams,
so also near levees
/ NMFS
2. Waters of
the U.S.
Rulemaking
EPA
USACE
 Expands CWA coverage
404 - dredge & fill
402 - stormwater NPDES
303 - quality stds & TMDLs
3. National
Flood
Insurance
Program
Congress /
FEMA
 BW12 called for changes
to NFIP to increase rates
to reflect true flood risk
 Homeowner Flood
Insurance Affordability Act
of 2014 delays
 Rules for Fed agencies to
4. Principles &
assess WRD investment and
Requirements
activities
 WRDA ’07 says shall reflect
ntl priorities
USACE, CEQ,
 Avoid unwise use of floodplains and
flood-prone areas, and minimize
other Agencies
adverse impacts & vulnerabilities if
must be used
 Protect and restore natural
functions
 USACE starts - CEQ takes,
applies to more agencies
5. Interagency  Provides direction to
agencies
for
applicability
Guidelines
and implementation of
P&R
 Elevate ecosystem and
CEQ, other
social concerns over net
Agencies
NED benefits
 Broad discretion to Fed
decision-makers
 Framework to stall / stop
WRM infrastructure
6. Sec. 408
Permitting
USACE
 Corps released new
Engineering Circular (EC)
 2 years to become an
Engnrg Regulation (ER)
 Cut U.S. carbon pollution
7. President’s
 Prepare U.S. for climate
Climate
change impacts
Action Plan
 Lead efforts to Combat
Global
Climate
Change
White House
and
Prepare
for
its
Impacts
& CEQ
8. Federal
Flood Risk
Management
Standard
CEQ
 Review EO 11988
 Incorporate FFRMS
Determine Application
 Fed inv / action (permits)
 Horiz FP - coast / rivers
 Vert Stds – best / current science
 USACE Listening sessions
Implementation  LEVEE SAFETY
 Vegetation Mgt Policy
Guidance
9. WRRDA /
 Levee Safety Initiative
USACE
 Ntl Comm on Levee Safety
 Levee Safety Guidelines
 Hazard Potential
Classification
10. Levee
Rehabilitation
and Inspection
Program (RIP)
PL 84-99
Rulemaking
USACE
 March 2014 Interim policy
for levees issued
 Fall 2014 expect NOI for
rulemaking
 Spring 2015 new proposed
rule for levees and channels
anticipated
 Move away from inspection
checklists for eligibility
 Toward risk-informed efforts
 Emergency Preparedness
 Risk Communication
Presentation Outline
 Ten Things to Watch
 Federal Rules, Regulation and Legislation
 Ten Year Turn
 From Safe Levees to Levee Safety
 Ten Ways to Make a Difference
 Things you can do
“Levee Safety” Evolution
2005 – Levee performance concerns post Katrina
2006 – Corps levee safety approach emerges
2007 – WRDA ‘07 Title IX - national levee safety pgm
2008 – Periodic inspection procedures
2009 – NCLS report to Congress
2010 – LSAC ratings initiated
2011 – SWIF policy updated for use w/ PL 84-99
2012 – Levee vegetation draft policy
2013 – PL 84-99 eligibility determinations suspended
2014 – WRRDA ‘14 Title III w/ a levee safety initiative
2005
 Devastation
 Levee failure in
New Orleans
 IPET post Katrina





Storm
Protection system
Performance
Consequences
Risks
2006
 Model - Ntl Dam
Safety Program
 Inspections
 Hazard potential
classification
 Fed. dam safety
guidelines
 DSAC ratings
 State dam safety
programs
2007
 Congress acts
WRDA 2007
 Authorize levee
projects
 Title IX – Levee
Safety



Levee Defined
Committee on Levee
Safety
Database of inventory
and inspection
2008
 Inspection Procedures
for Corps Levee Safety
Program
 “more rigorous
inspection program for
levee systems”
 O&M
 Structural stability
 Levee features
 Communication
2009
 Report from NCLS
 Create state levee
safety programs
 Align federal
programs/processes
 Provide for
non-federal
leadership
2010
 LSAC ratings
initiated
 Risk Communication
 Terminology
confusing
 Local sponsors
 Developers
 Insurers
2011
 System-wide
Improvement
Framework
 Policy Update
 Allows continued
PL 84-99 eligibility,
if working to cure
Rigorous
Inspections
Unacceptable
Ratings
No Fed help
w/ levee rehab
X
Enhance Safety
and Reduce Risk
2012
 Levee vegetation
draft policy
 Controversial
 Conflicts w/ ESA
critical habitat
 Stymied O&M
efforts
2013
 PL 84-99
eligibility
determinations
suspended
 Interim policy
developed,
issued 3-21-14
2014
 Congress acts
WRRDA 2014
 Authorize levee projects
 Levee Safety Subtitle
3 years to report on
recommendations for a
National Dam & Levee
Safety Program
WRRDA 2014 Subtitle B-Levee Safety
3011. SWIF
3013. Vegetation Mgt
3016. Levee Safety (amends WRDA ‘07)
 Levee / Levee System defined
 NCLS
 Inventory (LSAC)
 Levee Safety Initiative
Evolution goes on, and on, and…
“It is not the strongest or the most
intelligent who will survive but those
who can best manage change.”
― Charles Darwin
Presentation Outline
 Ten Things to Watch
 Federal Rules, Regulation and Legislation
 Ten Year Turn
 From Safe Levees to Levee Safety
 Ten Ways to Make a Difference
 Things you can do
1. Learn the issues
 Levees
 Rehab &
Inspection
 Leveed areas
 Hazard Potential
Classification
 Flood Insurance
 Other
2. Share your stories
Successes
 NFIP Reform
 Local investment
 Built, O & M
Challenges
 Permitting
 Maintenance activities
3. Get the word out
 Broaden perspectives
4. Coordinate w/ NCLS
 Ntl Committee on Levee Safety
(NCLS) new role in WRRDA
 Still 16 members





Staggered terms
2 Fed. (FEMA / Corps)
Non-fed chair
Non-fed committees
Annual report on levee safety
initiative
 Coordinate w/ FIFMTF
5. Provide Administration, CEQ and
USACE input / feedback




Climate Action Plan
Fed. Flood Risk Mgt Std
Principles & Requirements
Interagency Guidelines
 WRRDA
Implemenation
Guidance
 Engineering
Circulars
6. Pay Attention
 Look for rules and
regulations that
could impact you
 Determine process
being used to
develop
 Demand your say
 APA Rulemaking
7. Comment on proposed rules
 ESA – Oct. 9, 2014
 WOTUS –
Oct. 20, 2014
8. Provide input on rules being
developed
 PL 84-99: Levee RIP
– Fall 2014
 Eligibility criteria to
support FRM
o EP planning
o Risk communication
 Prioritize maintenance
activities based on risk
 Align FR terminology
and activities
9. Prepare for battle
 NFIP Reform
 Outreach
 Educate
 Get it on the
radar of those
who will stand
behind you
(before they
stand w/
someone else)
10. Engage
 Be informed
 Be involved
 Make things happen
 “You have more
power than you
realize.”
John Anderson
That’s All