Implementing the Water Resources Development Act of 2007
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1 Implementing the Water Resources Development Act of 2007 Rich Worthington U.S. Army Corps of Engineers, Headquarters December 5, 2007
2 WRDA 2007 (PL ) PROVISIONS IMPORTANT TO AAPA STATUS: Passed by House on August 1, 2007 and passed by Senate on September 24, Vetoed November 2, House override November 6, and Senate override on November 8, Public Law PROJECT AUTHORIZATIONS SEC (17) Miami Harbor, Miami, Florida SEC (25) Port of Iberia, Louisiana SEC (40) Corpus Christi Ship Channel, Corpus Christi, Texas SEC (45) Craney Island Eastern Expansion
3 GENERAL PROVISIONS SEC Non-Federal Contributions SEC Funding to Process Permits SEC Written Agreements for Water Resources Projects SEC Compilation of Laws SEC Dredged Material Disposal SEC Revision of Project Partnership Agreement; Cost Sharing SEC Sense of Congress on Criteria for Operation and Maintenance of Harbor Dredging Projects SEC Water Resources Principles and Guidelines
4 GENERAL PROVISIONS (Continued) SEC Planning SEC Independent Peer Review SEC Mitigation for Fish and Wildlife and Wetland Losses SEC Regional Sediment Management Amends Section 204 SEC Federal Hopper Dredges
5 PROJECT RELATED PROVISIONS Sec Hamilton Airfield, California Sec Redwood City Navigation Channel, California Sec Sacramento Deep Water Ship Channel, California Sec Santa Cruz Harbor, California Sec Canaveral Harbor, Florida Sec Port Sutton Channel, Tampa Harbor, Florida Sec Tampa Harbor-Big Bend Channel, Florida Sec Tampa Harbor, Cut B, Tampa, Florida Sec Calcasieu River and Pass, Louisiana Sec Mississippi River Gulf Outlet Relocation Assistance, Louisiana Sec Poplar Island, Maryland Sec St. Joseph Harbor, Michigan Sec Sault Saint Marie, Michigan Sec Duluth Harbor, Minnesota Sec New York Harbor, New York, New York Sec Cedar Bayou, Texas Sec Freeport Harbor, Texas
6 STUDIES Sec San Francisco Bay, Sacramento-San Joaquín Delta, California Sec Duluth-Superior Harbor, Minnesota and Wisconsin Sec Dredged material Disposal, New Jersey Sec Toledo Harbor Dredged Material Placement, Toledo, Ohio Sec Toledo Harbor, Maumee River, and Lake Channel Project, Toledo, Ohio Sec Savannah River, South Carolina and Georgia Sec Port of Galveston, Texas
7 MISCELLANEOUS Sec Maintenance of Navigation Channels - Federal maintenance subject to a finding by the Secretary of economical justification and environmental acceptability. Manatee Harbor basin, Florida; Tampa Harbor, Sparkman Channel and Davis Island, Florida.; West Turning Basin, Canaveral Harbor, Florida; Bayou La Fourche Channel, Port Fourchon, Louisiana; Calcasieu River at Devil s Elbow, Louisiana; Pidgeon Industrial Harbor, Memphis Harbor, Tennessee; Houston Ship Channel Bayport Cruise Channel and Bayport Cruise turning basin; Pix Bayou Navigation Channel, Chambers County, Texas; Racine Harbor, Wisconsin Sec Expedited Completion of Reports for Certain Projects. Sabine Neches Waterway. Sec Great lakes Navigation and Protection Sec LA 3 Dredged Material Ocean Disposal Site Designation, California. Extending deadline for final designation until January 1, 2011.
8 SEC Written Agreements for Water Projects Liquidated damages for each party No obligation of future state appropriation where inconsistent with state law Credit for in-kind contributions no reimbursement Non-profit entities as partners Approval delegation to District Engineer under certain conditions No Civil penalties for non compliance
9 SEC Dredged Material Disposal Partnering agreements for dredged material processing, treatment, contaminant reduction or disposal. Multiple project cost sharing One or more parties perform acquisition, design, construction management or operation Reimbursable (?) Federal payments authorized Credits authorized LERR non-federal
10 SEC Water Resources Principles and Guidelines Priorities of maximizing sustainable economic development; avoid unwise floodplain use & minimize adverse impacts of floodplain use; protect & restore natural systems and mitigate damage to natural systems Secretary issue revision to P&G within 2 years Risk & uncertainty; public safety; non structural approaches; integrated water management & adaptive management watershed; and justification by public benefits. Consultation with Interior, Agriculture, Commerce, HUD, Transportation, HUD, EPA, Energy, Homeland Security, NAS, CEQ & public Applicability rules
11 SEC Planning Risk analysis approach to cost estimating & report to Congress on changes to Section 902 Benchmarks for 2 year and 4 year (complex) feasibility reports Establish centers of expertise Identify any recommendation that is not the best technical solution No delay of Chief s Reports for potential policy changes Chief s Reports to Congress with recommendations within 120 of completion Completed prior to enactment Chief s Reports to Congress within 180 days
12 SEC Independent Peer Review Mandatory over $45 million some exceptions Chief determines timing concurrent with study reports Chief contracts with NAS or equivalent to select review panel Final panel report & responses to accompany Chief s Report Federal cost not more than $500,000 but with waiver provision Applicable 2 years prior to enactment and 7 years from enactment Report to Congress at 3 and 6 years
13 SEC Mitigation for Fish and Wildlife Losses Complies with Regulatory Program standards and policies Plan requirements Monitoring responsibility Consultation on performance Annual reports to Congress on mitigation status Use of mitigation banks
14 SEC Regional Sediment Management Federally funded regional sediment management plans Beneficial use projects for property protection (flood & storm damage) and habitat WRDA 86 cost sharing for increment 35% non- Federal $5 million cost limit, $30 million annual with $5 million for studies State plans to Congress
15 SEC Federal Hopper Dredges Essayons & Yaquina exempted from limitations MacFarland in ready reserve
16 Implementation Assign responsibility for each section Draft to AAPA for items of interest Draft reviewed by OASA(CW) before issued Tracking status by HQ Sec 2003 Agreements Kim Smith Sec 2005 Dredged Material Disposal Rich Worthington Section 2031 P&G Larry Prather/Harry Kitch Sec 2033 Planning Harry Kitch Sec 2034 Independent Peer Review Harry Kitch Sec 2036 Mitigation Lisa Morales Sec 2037 Regional Sediment Management Rich Worthington Sec 2047 Hopper Dredges -Jim Walker Projects RITS
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(?.,,,-l'''4,,"vicø -r..'..ll'..410 DEPARTMENT OF HEALTH &. HUMAN SERVICES Office of Inspector General Washington, D.C. 20201 MAY,2 2 2009 TO: James Scanlon Acting Assistant Secretary for Planning Planing