1. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Susan Parker Bodine Barnes & Thornburg 202-371-6364 susan.bodine@btlaw.com susan.bodine@btlaw.com Water Resources Management and Planning Policy Updates

2. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Topics Covered Today: Sustainable Watershed Management Act Revisions to the Principles and Guidelines for Water Resources Implementation Studies Revisions to the Floodplain Management Executive Order New National Ocean Policy What Can Stakeholders Do?

3. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Sustainable Watershed Management Act The watershed plans developed by regional boards and approved (and possibly changed) by the White House will be designed to meet the only the goals of increasing water efficiency, improving water quality, and improving ecological health and resiliency. These plans will then control Federal projects, policies, programs, activities, and, budget decisions, as well as State decisions if a State accepts Federal funding. There are implications for permits, water resources projects as well as Federally managed reservoirs. Members of Congress would be concerned if they understood those implications.

4. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Executive Order on Flood Plain Management Expands scope of the 1977 Executive Order to include water bodies as well as land and the entire 500 year flood plain for critical actions (actions relating to hospitals, utilities, facilities that use hazardous materials, etc.). Prohibits adverse impacts on natural resources in the flood plain if there are practicable alternatives, eliminating the net benefits test and consideration of local preferences when making decisions about flood plain activities, possibly eliminating structural flood control. Adds additional evaluation, restoration and mitigation requirements on top of existing requirements under NEPA and section 404 of the Clean Water Act. Will affect permits for development, and highway, aviation, and water resources projects. Members of Congress would be concerned if they understood the implications.

5. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Water Resources Principles and Guidelines The latest draft reportedly requires all water resources projects seek to provide net economic and environmental benefits. Reportedly for flood plains the language is similar to the draft Executive Order. All projects will require environmental benefits, on top of any required mitigation, as a condition of project approval. This means local sponsors will have to pay additional sums to fund environmental projects, above and beyond the cost-share for needed Corps of Engineers flood control and navigation projects and Bureau of Reclamation water supply projects. Again, this policy would be of concern to Members of Congress.

6. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Ocean Policy Seeks to establish new management and planning frameworks for oceans, coasts, and the Great Lakes on top of existing and other new frameworks being proposed: –“Implement comprehensive, integrated, management ecosystem- based coastal and marine spatial planning and management in the United States.” Recommends use of the precautionary principle and avoidance of adverse impacts. The planning principles recommend an integrated and comprehensive planning framework that, among other things, “aims to maximize long- term net benefits to society by considering a range of reasonable alternatives that balance potential economic, environmental, public health and safety, and other advantages; distributive impacts; social justice and equity.”

7. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. What Can Interested Stakeholders Do? Raise the awareness of Members of Congress –Point out implications to member projects; engage project sponsors and affected companies and have them write letters to their members. Ask Members for help: –Asking the Transportation Committee to hold hearings. –Writing letters to CEQ and federal agencies. Raising own concerns directly: –Letters from affected stakeholders to CEQ and federal agencies. –Raising concerns in the trade press. Submit Comments –Ocean Policy is out for a 30-day review period right now.

8. © 2009 Barnes & Thornburg LLP. All Rights Reserved. This page, and all information on it, is the property of Barnes & Thornburg LLP which may not be reproduced, disseminated or disclosed without the express written consent of the author or presenter. The information on this page is intended for informational purposes only and shall not be construed as legal advice or a legal opinion of Barnes & Thornburg LLP. Questions? Susan Parker Bodine Barnes & Thornburg 202-371-6364 susan.bodine@btlaw.com