Fort Bend Flood Management Association

Annual SymposiumOct. 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 FederalRules, Regulation, and Legislation

What is it ? Who’s doing it ? Why care ?

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

2. Waters of the U.S. Rulemaking

Expands CWA coverage

404 - dredge & fill

402 - stormwater NPDES

303 - quality stds & TMDLs

EPA

USACE

3. National Flood InsuranceProgram

BW12 called for changes to NFIP to increase rates to reflect true flood risk

Homeowner Flood Insurance Affordability Act of 2014 delays Congress /

FEMA

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

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

6. Sec. 408 Permitting

Corps released new Engineering Circular (EC)

2 years to become an Engnrg Regulation (ER)

USACE

7. President’s 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

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 scienceCEQ

9. WRRDA / ImplementationGuidance

USACE Listening sessions LEVEE SAFETY

Vegetation Mgt Policy Levee Safety Initiative

Ntl Comm on Levee Safety Levee Safety Guidelines Hazard Potential

Classification

USACE

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

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

Enhance Safety and Reduce Risk

X

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

WRRDA Implemenation Guidance

Engineering Circulars

Climate Action Plan Fed. Flood Risk Mgt Std Principles & Requirements Interagency Guidelines

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

WOTUS –

Oct. 20, 2014

ESA – Oct. 9, 2014

8. Provide input on rules being developed PL 84-99: Levee RIP

– Fall 2014 Eligibility criteria to

support FRMo 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