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Fort Bend Flood Management Association Annual Symposium Oct. 3, 2014

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Three 10s to Think About Karin Jacoby

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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

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Fighting the Flood of Federal Rules, Regulation, and Legislation What is it ? Whos doing it ? Why care ?

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1. ESA Rulemaking Stated intent is to provide clarity for listing of species and also for designation of critical habitat, much of which is found to occur at or near rivers and streams, so also near levees Fish & Wildlife / NMFS

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2. Waters of the U.S. Rulemaking Expands CWA coverage 404 - dredge & fill 402 - stormwater NPDES 303 - quality stds & TMDLs EPA USACE

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3. National Flood Insurance Program BW12 called for changes to NFIP to increase rates to reflect true flood risk Homeowner Flood Insurance Affordability Act of 2014 delays Congress / FEMA

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4. Principles & Requirements Rules for Fed agencies to assess WRD investment and activities WRDA 07 says shall reflect ntl priorities Avoid unwise use of floodplains and flood-prone areas, and minimize adverse impacts & vulnerabilities if must be used Protect and restore natural functions USACE starts - CEQ takes, applies to more agencies USACE, CEQ, other Agencies

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5. Interagency Guidelines Provides direction to agencies for applicability and implementation of P&R Elevate ecosystem and social concerns over net NED benefits Broad discretion to Fed decision-makers Framework to stall / stop WRM infrastructure CEQ, other Agencies

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6. Sec. 408 Permitting Corps released new Engineering Circular (EC) 2 years to become an Engnrg Regulation (ER) USACE

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7. Presidents Climate Action Plan Cut U.S. carbon pollution Prepare U.S. for climate change impacts Lead efforts to Combat Global Climate Change and Prepare for its Impacts White House & CEQ

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8. Federal Flood Risk Management Standard Review EO 11988 Incorporate FFRMS Determine Application Fed inv / action (permits) Horiz FP - coast / rivers Vert Stds best / current science CEQ

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9. WRRDA / Implementation Guidance USACE Listening sessions LEVEE SAFETY Vegetation Mgt Policy Levee Safety Initiative Ntl Comm on Levee Safety Levee Safety Guidelines Hazard Potential Classification USACE

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10. Levee Rehabilitation and Inspection Program (RIP) PL 84-99 Rulemaking 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 USACE

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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

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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

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2005 Devastation Levee failure in New Orleans IPET post Katrina Storm Protection system Performance Consequences Risks

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2006 Model - Ntl Dam Safety Program Inspections Hazard potential classification Fed. dam safety guidelines DSAC ratings State dam safety programs

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2007 Congress acts WRDA 2007 Authorize levee projects Title IX Levee Safety Levee Defined Committee on Levee Safety Database of inventory and inspection

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2008 Inspection Procedures for Corps Levee Safety Program more rigorous inspection program for levee systems O&M Structural stability Levee features Communication

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2009 Report from NCLS Create state levee safety programs Align federal programs/processes Provide for non-federal leadership

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2010 LSAC ratings initiated Risk Communication Terminology confusing Local sponsors Developers Insurers

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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 Enhance Safety and Reduce Risk X

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2012 Levee vegetation draft policy Controversial Conflicts w/ ESA critical habitat Stymied O&M efforts

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2013 PL 84-99 eligibility determinations suspended Interim policy developed, issued 3-21-14

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2014 Congress acts WRRDA 2014 Authorize levee projects Levee Safety Subtitle 3 years to report on recommendations for a National Dam & Levee Safety Program

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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

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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 DarwinCharles Darwin

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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

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1. Learn the issues Levees Rehab & Inspection Leveed areas Hazard Potential Classification Flood Insurance Other

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2. Share your stories Successes NFIP Reform Local investment Built, O & M Challenges Permitting Maintenance activities

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3. Get the word out Broaden perspectives

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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

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5. Provide Administration, CEQ and USACE input / feedback WRRDA Implemenation Guidance Engineering Circulars Climate Action Plan Fed. Flood Risk Mgt Std Principles & Requirements Interagency Guidelines

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6. Pay Attention Look for rules and regulations that could impact you Determine process being used to develop Demand your say APA Rulemaking

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7. Comment on proposed rules WOTUS Oct. 20, 2014 ESA Oct. 9, 2014

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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

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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)

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10. Engage Be informed Be involved Make things happen You have more power than you realize. John Anderson

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Thats All