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White House Council on Environmental Quality Releases Revised Principles and Guidelines

On December 3, 2009, the White House Council on Environmental Quality submitted a proposal for review to the National Academy of Sciences (NAS) that would significantly change the principles and guidelines that govern federal water-resource planning. The proposal would require that all projects improve the economic well-being of the nation, better protect communities from the effects of floods and storms, help communities and individuals make better choices about where to build based on an understanding of the risk, and protect and restore the environment. The proposal calls for the development of water-resources projects to be based on the best available science, increased consideration of monetary and non-monetary benefits to justify and select a project, improved transparency, and consideration of nonstructural approaches that can solve the flooding problem without harming floodplain functions. The proposal would also expand the scope of the Principals and Guidelines to cover all federal agencies that undertake water-resource projects.  The Obama administration will publish the new draft Principles and Guidelines in the Federal Register for a 90-day public comment period ending in early March. The NAS review is expected to be completed by November 2010. In the Water Resources Development Act of 2007 (WRDA), Congress instructed the Secretary of the Army to develop a new Principles and Guidelines for the U.S. Army Corps of Engineers. In an effort to modernize the approach to water resources development, the administration is expanding the scope of the Principals and Guidelines to cover all federal agencies that undertake water resource projects, not just the four agencies (i.e., U.S. Army Corps of Engineers, Bureau of Reclamation, Natural Resources Conservation Service and the Tennessee Valley Authority) which are subject to the current Principles and Guidelines. The proposed revisions to the Principles and Guidelines would require that:
  • Federal water-resources planning and development to protect and restore the environment and improve the economic well-being of the nation for present and future generations. While the 1983 standards emphasized economic development alone, the new approach calls for development of water resources projects based on sound science that maximize net national economic, environmental, and social benefits.
  • All federal agencies consider monetary and non-monetary benefits to justify and select a project that has the greatest net benefits - regardless of whether those benefits are monetary or non-monetary. For example, the monetary benefits might capture reduced damages measured in dollars while the non-monetary benefits might capture increased fish and wildlife benefits, or biodiversity.
  • Any decision to modify water resources and floodplains will be based on evaluations of the services gained and lost by such an action. Only those actions that provide a net benefit will be further pursued or recommended for construction. For the first time such evaluations must give full and equal consideration to nonstructural approaches that can solve the flooding problem without adversely impacting floodplain functions.
  • Water-resources projects deliver "good government" results for the American people. It is expected that the use of best science, peer review, and full transparency will ensure that projects undergo a more rigorous study process, which should inform authorization and funding decisions.
Each agency will develop its own "Implementation Guidance" to outline how the new Principles and Guidelines apply to their agency-specific missions completed in late 2010. AGC has been following the development of the revisions since the passage of WRDA 2007. AGC originally provided comments on the revisions to the U.S. Army Corps of Engineers when the agency solicited comments in 2008. In addition, AGC and its partners in the Water Resources Coalition have been working with CEQ to provide additional input on the revisions. To view the proposed P&G revisions, click here. For more information, please contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org