An Innovative Partnership For Regulatory Permitting City of Seattle and US Army Corps of Engineers Joy Keniston-Longrie, Seattle Public Utilities, City of Seattle National Waterways Conference Portland, Oregon: September 2006 Joy Keniston-Longrie, Seattle Public Utilities, City of Seattle National Waterways Conference Portland, Oregon: September 2006 US Army Corps of Engineers Seattle District City of Seattle

2 OutlineOutline Tool - Water Resource Development Act of 2000 (WRDA) Tool - Water Resource Development Act of 2000 (WRDA) Seattle, the 1st WRDA agreement nationwide Seattle, the 1st WRDA agreement nationwide Workload & Endangered Species Act (ESA) Workload & Endangered Species Act (ESA) Our Experience in Implementing WRDA Our Experience in Implementing WRDA Where Does the Partnership Go From Here? Where Does the Partnership Go From Here? Tool - Water Resource Development Act of 2000 (WRDA) Tool - Water Resource Development Act of 2000 (WRDA) Seattle, the 1st WRDA agreement nationwide Seattle, the 1st WRDA agreement nationwide Workload & Endangered Species Act (ESA) Workload & Endangered Species Act (ESA) Our Experience in Implementing WRDA Our Experience in Implementing WRDA Where Does the Partnership Go From Here? Where Does the Partnership Go From Here?

3 How WRDA Works Corps and non-Federal public entity enter into an agreement Local agency deposits money in an account Local agency deposits money in an account with the Corps with the Corps Local agency deposits money in an account Local agency deposits money in an account with the Corps with the Corps Corps uses money to charge their staff time

4 Seattle, Washington

5 City Services

6 Seattle Map of State with Seattle’s Project Areas/Property Seattle

7

8 Section 10 of the Rivers and Harbors Act Section 404 of the Clean Water Act Endangered Species Act National Historic Preservation Act

9 Number of U.S. Listed Species per Calendar Year Source: U.S. Fish and Wildlife Service

ESA Listings and Area Affected

ESA Listings and Area Affected

12 Seattle District Workload Figures Cumulative Total of all Project Managers’ Pending Actions (IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds, After-the-Facts, Suspensions, Violations) Seattle District Workload Figures Cumulative Total of all Project Managers’ Pending Actions (IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds, After-the-Facts, Suspensions, Violations)

WRDA 2000 A New Tool to Accelerate USACE Permit Review WRDA 2000 Allowed Corps to Accept Funds to Expedite Prioritize Projects Prioritization Identified by Public Agency Funding WRDA Agreement WRDA 2000 Allowed Corps to Accept Funds to Expedite Prioritize Projects Prioritization Identified by Public Agency Funding WRDA Agreement

14 City of Seattle/US Army Corps of Engineers (USACE) Permit Process Time Approved permits through 2004

15 Our Experience with WRDA Reduced project review: Project review went from an average high of 809 days to 132 days per project. Reduced project review: Project review went from an average high of 809 days to 132 days per project. Improved predictability: Reduced redesign, better able to maintain scope/schedule/budget. Savings on Projects ( ): 103 projects $278 Million WRDA total cost of $114,000 Estimated $5 Million in avoided costs

16 Our Experience with WRDA (cont’d) Improved environmental outcomes: Coordination leads to avoidance and minimization Improved communications: One point of contact means….

17 Benefits/Considerations in Implementing WRDA Savings on project design/implementation Hourly review fee by Corps employee Reduced permitting time/queue time Extra time set up for meetings to establish team dynamics and understanding Queue time for all applicants reduced Dealing with public perception Priority projects reviewed first Non-prioritized projects have been put on wayside Savings on project design/implementation Hourly review fee by Corps employee Reduced permitting time/queue time Extra time set up for meetings to establish team dynamics and understanding Queue time for all applicants reduced Dealing with public perception Priority projects reviewed first Non-prioritized projects have been put on wayside

18 Staff are better educated on Processes and Requirements Initial internal perceptions needed to be corrected Improved communications/understanding Investment in training Staff and developing tools Improved business processes Costs of culture shifts and redesigning business processes Staff are better educated on Processes and Requirements Initial internal perceptions needed to be corrected Improved communications/understanding Investment in training Staff and developing tools Improved business processes Costs of culture shifts and redesigning business processes Benefits/Considerations in Implementing WRDA (cont’d)

19 Keys to Smooth Implementation Designated Lead City Agency Establish “Single Point of Contact” for each agency Develop written expectations during the initial set-up phase Meet on a Regular Basis (1/month) Bi-Monthly Informal Pre-Application Meetings Periodic Site Visits Designated Lead City Agency Establish “Single Point of Contact” for each agency Develop written expectations during the initial set-up phase Meet on a Regular Basis (1/month) Bi-Monthly Informal Pre-Application Meetings Periodic Site Visits

20 Alaska - 6 Hawaii WRDA Agreement Locations U.S. Fish and Wildlife Service Listed Species Range by State/Territory Existing WRDA Agreements Proposed WRDA Agreements

21 The Future of WRDA Status of WRDA Section 214 & Sunset Clause In the original WRDA 2000 legislation, Section 214 had a sunset date of September On December 1, 2003, President Bush signed into law the Energy and Water Appropriations bill, H 2754 (Pub.L ), of which Section 114 extended the sunset clause until September November 2005 via appropriations, extended until March 31, On March 24, 2006, President Bush signed a stand alone bill to extend WRDA 214 until December In the original WRDA 2000 legislation, Section 214 had a sunset date of September On December 1, 2003, President Bush signed into law the Energy and Water Appropriations bill, H 2754 (Pub.L ), of which Section 114 extended the sunset clause until September November 2005 via appropriations, extended until March 31, On March 24, 2006, President Bush signed a stand alone bill to extend WRDA 214 until December 2006.

22 The Future of WRDA Status of WRDA Section 214 & Sunset Clause The proposed Senate WRDA 2006 Bill eliminates the sunset clause, however, House version extends time through 2007 only…currently in conference. Minority House staff requested GAO Study through Committee Chair, Audit conducted in August GAO report due out in October Concern that WRDA finally made it out of Committee, but with GAO Audit Report pending final results, will not eliminate Sunset Clause The proposed Senate WRDA 2006 Bill eliminates the sunset clause, however, House version extends time through 2007 only…currently in conference. Minority House staff requested GAO Study through Committee Chair, Audit conducted in August GAO report due out in October Concern that WRDA finally made it out of Committee, but with GAO Audit Report pending final results, will not eliminate Sunset Clause

23 Where Does the Corps Go From Here? Lack of Certainty Regarding WRDA Section 214 Has Resulted In Limiting Ability for Corps to…. Enter into new or extend existing WRDA Agreements Have certainty regarding WRDA funding Augment existing resources to implement WRDA Section 214 Attract, hire and retain qualified staff for WRDA Section 214 Lack of Certainty Regarding WRDA Section 214 Has Resulted In Limiting Ability for Corps to…. Enter into new or extend existing WRDA Agreements Have certainty regarding WRDA funding Augment existing resources to implement WRDA Section 214 Attract, hire and retain qualified staff for WRDA Section 214

24 Where Does the City of Seattle Go From Here? Similar MOA with USFWS & NMFS  Reference Biological Assessment- Geographic Based : Continue to Improve City of Seattle Business Processes Practices - Quality Assurance/Quality Control - Permit Tracking System - Facilitated Federal Permit Web-Page - Education : Continue to Improve City of Seattle Business Processes Practices - Quality Assurance/Quality Control - Permit Tracking System - Facilitated Federal Permit Web-Page - Education Eliminate WRDA Sunset Clause

25 Where Does the City of Seattle Go From Here? Work with Corps to Improve Process: Lean Sigma 6 Review for NWP’s Ensure we have NWP’s for 2007 Fish Friendly Construction Window Add Stable Resources for Cultural Resource & Tribal Relationship Needs Improved Electronic filing & Tracking More Frequent & More Customer Friendly WRDA Billing Process/Reports

26 Where Does the Corps Go From Here? Status of WRDA Agreements Across the Nation Corps Districts cannot solicit funds for agreements, it can only inform the public that this process is available. The non-Federal entity has to initiate request to the Corps. Several Corps Districts are initiating the public notice procedures to establish agreements with Non-Federal entities. Seattle District is continuing to communicate with its non- Federal partners to improve this process. Status of WRDA Agreements Across the Nation Corps Districts cannot solicit funds for agreements, it can only inform the public that this process is available. The non-Federal entity has to initiate request to the Corps. Several Corps Districts are initiating the public notice procedures to establish agreements with Non-Federal entities. Seattle District is continuing to communicate with its non- Federal partners to improve this process.

27 Seattle’s Environmental Commitment

28 SummarySummary WRDA as a tool Discussed the Corps workload and ESA Benefits/Costs of WRDA Future steps WRDA as a tool Discussed the Corps workload and ESA Benefits/Costs of WRDA Future steps

29 Questions???Questions??? Joy Keniston-Longrie City of Seattle (206) www. seattle.gov/util/corpspermit Joy Keniston-Longrie City of Seattle (206) www. seattle.gov/util/corpspermit