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Statement of Need: The Programmatic Regulations will fulfill the intent of Congress to establish explicit guidance on how this project, and its constituent parts, will be developed and implemented, with full public and agency participation.

Summary of the Legal Basis: Specifically, the Programmatic Regulations will implement the following sections of the Water Resources Development Act of 2000: Section 601(h)(3)(A), requires Programmatic Regulations to be completed not later than 2 years after enactment; Section 601(h)(3)(B), the Secretary of the Interior and the Governor shall provide the Secretary of the Army with a written statement of concurrence or nonconcurrence not later than 180 days after the end of the comment period; Section 601(h)(3)(C), the regulations shall establish a process for the development of project implementation reports, project cooperation agreements, and operating manuals; ensure that new information resulting from changed or unforeseen circumstances, new science or technical information developed through adaptive management are integrated into the implementation of the Plan; and ensure the protection of the natural system consistent with the goals and purposes of the Plan; Section 601(h)(3)(D), all project implementation reports approved before the date of promulgation of the Programmatic Regulations shall be consistent with the Plan; Section 601(h)(3)(E), at least every 5 years the Secretary of the Army shall review the Programmatic Regulations for consistency with Plan goals and purposes.

Alternatives: None.

Anticipated Costs and Benefits: There are no economic costs, per say, attributed to the promulgation of the Programmatic Regulations. The regulations will help ensure that the $8 billion estimated Federal investment will result in ecosystem restoration benefits identified as individual projects are developed and implemented over a 30-year construction period.

Risks: There are no risks associated with the Programmatic Regulations. Promulgation of the regulations will help ensure that the Army Corps of Engineers follows agreed upon project development and implementation procedures, designed to achieve the environmental restoration and protection benefits outlined in the Plan. Although no regulatory impacts with other Federal, Tribal, State, or local regulations have been identified to date, the Corps will take comments on impacts as part of the public and agency comment period, and address them in the final regulations. The draft Programmatic Regulations have been drafted so as not to conflict with existing laws and regulations. Any oversights will be corrected in the final version.