1. Programmatic Regulations PDT Workshop COMPREHENSIVE EVERGLADES RESTORATION PLAN April 18, 2002

2. Why are the Programmatic Regulations Important? l Establishes processes to guide implementation of CERP to ensure that goals and purposes of the Plan are achieved l Defines adaptive management program l Provides guidance for PDTs l Provides specific requirements for Project Implementation Reports and Operating Manuals

3. Topics l Overview of WRDA 2000 Assurances Provisions l Development Process for Regulations l Current Status

4. Overview of Assurances Provisions PDT Workshop

5. WRDA 2000 - Everglades Provisions l Approval of plan as framework for modifications to C&SF Project l Initial Projects - $1.2 Billion estimated cost, including adaptive assessment l Programmatic Authority - $206 million total cost l Projects in Plan not authorized in WRDA 2000 will require future authorization by Congress l Other provisions address cost sharing, assurances, independent scientific review, and reports to Congress

6. “The overarching objective of the Plan is the restoration, preservation, and protection of the South Florida Ecosystem while providing for other water- related needs of the region, including water supply and flood protection. The Plan shall be implemented…. to achieve and maintain the benefits to the natural system and human environment described in the Plan….” Assurance of Project Benefits Provisions (Section 601(h) of WRDA 2000)

7. Highlights of Assurances Provisions l Agreement between President and Governor l Programmatic Regulations within 2 years to ensure goals and purposes of Plan are achieved l Project Specific Assurances l Savings Clause

8. President and Governor Agreement Executed on January 9, 2002 ….State shall ensure, by regulation or other appropriate means, that water made available by each project in the Plan shall not be permitted for a consumptive use or otherwise made unavailable by the State until such time as sufficient reservations of water for the restoration of the natural system are made under State law in accordance with the project implementation report for the project and consistent with the Plan

9. Programmatic Regulations Section 601(h)(3) requires:...the Secretary of the Army promulgate programmatic regulations to ensure that the goals and purposes of the Comprehensive Plan are achieved....that these regulations be developed within two years of the date of enactment; after notice and opportunity for public comment; with the concurrence of the Governor and the Secretary of the Interior; and in consultation with the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and other Federal, State, and local agencies. l Review of regulations required whenever necessary to attain Plan goals and purposes, but at least every 5 years

10. Concurrence Requirements l Statement required from Governor and Secretary of Interior on concurrence or non-concurrence on regulation l 180-day concurrency period begins after end of public comment period on proposed regulations l Failure to provide statement will be deemed as meeting requirements of concurrency l Concurrence prohibited on PIRs, PCAs, Operating Manuals, or other project documents

11. Project-Specific Assurances l Project Implementation Reports (PIR) –Identify amount of water to be reserved for natural system under state law l Project Cooperation Agreements (PCA) –Can not be executed until reservation identified in PIR is executed under state law l Operating Manuals –Must be consistent with water reservation described in PIR and PCA

12. Savings Clause l No elimination or transfer of existing legal sources of water until a new source of comparable quantity and quality is available l No reduction of levels of service of flood protection that are: –In existence on the date of enactment; and –In accordance with applicable law l No effect on Seminole Tribal water compact

13. Identifying Water Made Available by CERP CERP Water Water Reserved for the Natural System Water Available for Consumptive Use Baseline Water Existing Water Delivered by C&SF Project

14. Development Process for Regulations PDT Workshop

15. Programmatic Regulations Development Process Draft Outline Publish Final Rule (Federal Register) Publish Proposed Rule (Federal Register) Initial Draft of Regulation Prepare Final Rule Public Comment Period DOI and State Concurrence

16. Coordination and Outreach Activities l Three rounds of meetings held with agencies and interest groups l Two public workshops held l Meetings held with Miccosukee and Seminole Tribes l Numerous briefings/workshops for: –SFWMD Governing Board –Water Resources Advisory Commission –Task Force and Working Group

17. www.evergladesplan.org/pm/progr_regs.shtml

18. Content of Regulations l For development of project implementation reports, project cooperation agreements, and operating manuals that ensure that goals and objectives of the Plan are achieved l To ensure that new information from changed or unforeseen circumstances, new scientific or technical information or information developed through adaptive management, or future authorized changes to the Plan are integrated into the implementation of the Plan l To ensure the protection of the natural system consistent with the goals and purposes of the Plan, including the establishment of interim goals to provide a means to evaluate success of the Plan Establish a Process —

19. Outline of Regulation l Preamble l General Provisions l Program Goals and Responsibilities l CERP Implementation Processes l Incorporating New Information into the Plan l Ensuring Protection of the Natural System and Water Availability Consistent with the Goals and Purposes of the Plan l Appendix - Figures (New Part 385 to Title 33 CFR)

20. Current Status PDT Workshop

21. Current Status l OMB reviewing draft proposed rule l Publish proposed rule in Federal Register after OMB clearance l Open 60-day public comment period l Initiate concurrence process after close of public comment period l Prepare final rule