PROGRAMMATICPCA POLICY

Presented to the Coastal Protection and Restoration Authority

March 19, 2008

PCA AGREEMENTS

• WRDA Project Cooperation Agreements

• CWPPRA Cost Share Agreements

• IHNC Project Partnering Agreement

• Other Agreements

• Similar purpose and terms2

PAST PRACTICE

• Project-by-project negotiation

• Multiple State and local agencies negotiating with multiple federal agencies

• Results:• Inconsistent terms

• Undesirable terms

• No overall State policy3

UNDESIRABLE TERMS

• State cannot terminate CSA• Upon determination of non-feasibility

• Upon cost escalation beyond cap

• Inequality of State and Corps• State cannot cost-share same types of

costs as Corps

• State cannot refuse to cost-share Corps costs

• State cannot audit Corps costs4

UNDESIRABLE TERMS (continued)

• No ability of State to reject design

• Requirement for State to accept project without ability to confirm completion or level of protection

• Requirement for State to comply with O&M Manual without ability to accept terms

• Requirement for State to provide lands of other government entities

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LOCAL SPONSORSHIP AUTHORITY

• Local sponsor is signatory to PCA

• CPRA authorized to act as local sponsor

• CPRA authorized to delegate local sponsorship

• DOTD, DNR, levee boards authorized to act as local sponsors

CENTRAL CPRA ROLE

• CPRA represents State regarding coastal protection matters

• Central manager of all coastal protection efforts

• Regardless of local sponsor:• CPRA should determine sponsor

• CPRA should determine agency responsibilities

• Overall, programmatic policy regarding sponsorship is needed

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PCA SIGNATORY OPTIONS

• CPRA executes PCAs• CPRA enters IGA with levee board or MOU

with agency to perform under the PCA

• More centralized control

• Potential for delay or confusion

• CPRA delegates sponsorship authority

• CPRA enters delegation agreement with levee board or agency