The Delta Grassroots Caucus (DGC) is a broad coalition of grassroots leaders in the eight-state Delta region. DGC is also a founding partner of the Economic Equality Caucus,
which advocates for economic equality across the USA.

Floodplain Management Issues and Executive Order 11988--Impact on the Delta

Posted on December 02, 2009 at 05:34 PM

In many areas of the Greater Delta Region from southern Illinois to New Orleans, floodplain management issues are vital. Currently the Council on Environmental Quality is working on revisions to Executive Order 11988, Floodplain Management. The CEQ is engaged in a dialogue with many local leaders on this vital issue, and we encourage CEQ leaders Nancy Sutley and Michael Boots to consider such thoughtful points of view as those presented by Amy Larson of the National Waterways Conference.

We feel sure that the CEQ and local partners throughout the region are both committed to the goals of devising a balanced policy, taking into consideration environmental and economic needs of our impoverished region. We have many strong environmentalists in our coalition and we understand the need for environmental preservation as well as the livelihood of working people affected by these decisions.

This is a controversial subject and we present below a letter from Amy Larson of the National Waterways Conference to Nancy Sutley of CEQ. We consulted a number of partners on this and they thought she presented a great deal of useful information, so we pass this along and hope you find it informative.

The letter is detailed and we might call your attention to a paragraph summarizing many of the issues: “EO 11988 was issued by President Carter in 1977 to assist Federal agencies toward a reasoned use of our floodplains. In the 30-year course of implementing this order, the policy governing decisions related to floodplain management has been founded on the principle of net-beneficial effects, or a balancing of economic and other factors – including the natural resources and values of the floodplain. We appreciate that due consideration should be given to the risks and impacts inherent in the use of our floodplains; we also believe that the best approach to floodplain management will continue on a course that puts the principle of balancing economics and other factors at the center of floodplain decisions.”

With that background the letter proceeds to summarize several basic principles. If other entities would like to present some information on these issues, we would also consider placing a statement on the website and sending a message to our regional network in the eight states and the Washington, DC area. The voices of the Delta must be heard on these vital issues. Thanks–Lee Powell, MDGC (202) 360-6347

October 22, 2009 The Honorable Nancy Sutley, Council on Environmental Quality Executive Office of the President 730 Jackson Place, NW

Washington, DC 20503

Attn: Michael J. Boots

Associate Director for Land and Water Ecosystems

Dear Chairwoman Sutley,

We understand that efforts are currently underway within the Council on Environmental Quality (Council or CEQ) to revise Executive Order 11988, Floodplain Management. At a recent meeting at the White House Office of Urban Affairs, Mr. Michael Boots of your staff solicited comments on this initiative. He further advised that draft revisions purporting to have originated within CEQ are in fact not the Council’s. We are quite relieved to learn that, and in view of his invitation, submit the following comments for your consideration.

By way of background, the National Waterways Conference, established in 1960, is the leading national organization to advocate for the enactment of common-sense water resource policies that maximize the economic and environmental value of our inland, coastal and Great Lakes waterways. Conference membership is comprised of the full spectrum of water resources stakeholders, including waterways shippers and carriers, industry and regional associations, port authorities, shipyards, dredging contractors, flood control associations, levee boards, regional water districts, engineering consultants, and state and local governments. Our members are keenly interested in any revisions to the Executive Order, as their livelihood and well-being would be directly impacted by any changes.

As you know, EO 11988 was issued by President Carter in 1977 to assist Federal agencies toward a reasoned use of our floodplains. In the 30-year course of implementing this order, the policy governing decisions related to floodplain management has been founded on the principle of net-beneficial effects, or a balancing of economic and other factors – including the natural resources and values of the floodplain. We appreciate that due consideration should be given to the risks and impacts inherent in the use of our floodplains; we also believe that the best approach to floodplain management will continue on a course that puts the principle of balancing economics and other factors at the center of floodplain decisions. With that backdrop, we set forth for your consideration the following overarching principles:

· Floodplain decisions (including permitting and licensing decisions) should be governed by consideration of the net beneficial effects of all feasible or practicable alternatives. Specifically, a revised EO should make Federal decisions subject to a consideration of the net beneficial effects of a full array of alternatives. This fundamentally rational approach is consistent with longstanding national policy of balancing economic and environmental values in decision making, and framing solutions guided by the standard of benefit-cost analysis. For example, note the language in Executive Order 12866, issued in 1993, which states: “agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating.” That principle should be maintained in a revised EO 11988.

· Floodplain management should be confined to management of flood-prone land and not extended to management of all water and water resources. Such a principle is consistent with the intent of the National Flood Insurance Act, the Floodplain Management Act and many other pieces of legislation. In general, water resources management should not be centered on a floodplain management focus but on the concept of integrated water resources management where the interests of all users and beneficiaries are considered together. To do otherwise would distort this concept by unduly narrowing its focus. In this regard, a revised Executive Order on floodplain management should not be directly applied to water bodies and projects in waterways such as navigation projects, including channels and harbors.

· The Federally regulated and managed floodplain should continue to be the widely accepted and understood 100-year floodplain. Expanding the scope to include regulation within a 500-year floodplain would be economically devastating in some states (such as Florida and Louisiana) and would cause wide-spread economic hardships more broadly on housing finance and home values at a time when the nation can ill afford them.

· A revised EO should not interfere with or distort the role of state and local governments in land use regulation. Further, the Federal government should not seek to indirectly control or regulate water resources projects of state and local governments through the EO.

· A revised EO should impose no increase in environmental compliance or mitigation beyond those required by existing Federal law applied to Federal undertakings.

· A revised EO should be subjected to regulatory analysis since it impinges on many other Federal regulatory decisions. Again quoting from EO 12866, “An efficient regulatory planning and review process is vital to ensure that the Federal Government’s regulatory system best serves the American people.”

· The EO should not apply to the activity of water resources planning in general. We are aware that you are also pursuing revisions to the Federal Principles and Guidelines as directed in Section 2031 of the Water Resources Development Act of 2007. That is the appropriate place to address all water resources planning. Section 2031 included policy guidance for wise use of floodplains, indicating that the intent of the law was for floodplain management considerations related to water resources projects and planning to be addressed in the new Principles and Guidelines.

On behalf of the members of the National Waterways Conference, thank you for your consideration of our comments. We look forward to working with you to assure our nation’s floodplains are not used unwisely while protecting the economic well-being, safety and security of Americans and their families.

Very truly yours, [original signed]

Amy W. Larson

President

National Waterways Conference, Inc.