Coastal Bend Bays & Estuaries Program, Inc. 615 N. Upper Broadway, Suite 1200, Corpus Christi, Texas (fax)

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1 Coastal Bend Bays & Estuaries Program, Inc. 615 N. Upper Broadway, Suite 1200, Corpus Christi, Texas (fax) December 9, 2015 TO: CBBEP Board of Directors FROM: Leo Trevino RE: FY2016 CBBEP Project Bays Plan Update and Schedule The National Estuary Program FY 2015 and FY 2016 Clean Water Act 320 Funding Guidance stipulates the requirements for receiving CWA 320 funding. Amongst several changes and clarifications that the EPA has included in the guidance document are the following topics: CCMP Revisions and Updates Required National Meeting Attendance NEP Program Evaluation Use of 320 Funds for Land Purchase Fund-raising vs. Grant Writing Prohibition on Use of Clean Water Act 320 Funds by Association of National Estuary Programs The CBBEP Bays Plan was approved in 1998 and, although it continues to serve the program well, CBBEP is will need to update the plan by 2020 so we have initiated the process of planning for the update. The updating of the plan is a significant undertaking requiring participation from most of the CBBEP staff, Implementation Teams, Bays Council and Community involvement. CBBEP has identified a contractor who will serve to provide writing, facilitating and coordination of the plan update working through the Mission Aransas National Estuarine Research Reserve.

2 NEP CCMP Revision and Update Guidelines Background The FY NEP Funding Guidance broadly communicates expectations for CCMP Revisions and Updates, in addition to HQ Concurrence. Provided below is EPA s CCMP Content Checklist and Concurrence Process to navigate you through the CCMP Revision and Update process, beginning with general definitions and principles. Scope of CCMPs All CCMPs goals and actions must be consistent with Section 320. Some actions will be funded by 320, while others will not. It s important to distinguish actions in the CCMP that will be eligible for 320 funding and those that will be implemented by other partners. CCMP Revisions versus Updates The Funding Guidance describes when a CCMP Revision or an Update would apply. Revisions involve a significant change. For example, a CCMP Revision could be driven by new CCMP goals, as directed by the Management Conference, or by new information obtained through monitoring that would require revisiting and changing the actions in a CCMP. A Revision may also be necessary with an increase in the study area, or in the case of an original CCMP. Minor changes to action plans or insertion of a few actions would be considered an Update. Reformatting, streamlining or reorganizing core actions to reflect new ways of accomplishing original CCMP goals would also be considered Updates. Changes to a finance plan or outreach strategy would be considered an Update. CCMP Formats EPA is not prescribing any particular format, just that the CCMP meets the Content Checklist. Concurrence Process The Region is in the lead with respect to CCMP Revisions and Updates. HQ will work in concert with the Region, and use the CCMP Content Checklist and the NEP Funding Guidance, as a basis for providing comments during the concurrence process. HQ expects that the NEP will make the changes necessary to the CCMP and associated documents to reflect the Content Checklist. HQ Coordinators will need to honor the CCMP review schedule, while Regional Coordinators need to share documents for review in a timely fashion. Collaboration and communication between the HQ and Regional NEP Coordinators throughout the process is key. Non-Concurrence HQ does not anticipate providing a non-concurrence on CCMP Updates and Revisions, assuming that Regional and HQ Coordinators are regularly communicating and collaborating about the CCMP update and revision process for their assigned NEP. A HQ non-concurrence would occur in instances when the CCMP Content Checklist was not followed (e.g. pieces are missing), or in cases when the CCMP contains actions intended for Section 320 funding but those actions do no clearly tie back to the intent of CWA Section 320. In rare instances of a non-concurrence, EPA will give the NEP a 30 to 45-day notice of non-concurrence to give the NEP time to work with its Management Conference and key stakeholders to make necessary changes for compliance with the CCMP Content Checklist and Section

3 Program Evaluations Program Evaluations should address the need for appropriate changes to the CCMP, whether for Revisions or Updates, to ensure integration. State of the Bay Reports should also be linked to CCMP Revisions and Updates. Content Checklist - Essential Components of a Revised CCMP (major changes) A Revised CCMP should: 1. Identify clearly the changes between the existing and draft CCMP so that reviewers can easily determine what has changed and why; e.g., - key changes (if any) in priority problems and program priorities, goals, objectives; any new information that suggests more promising approaches or currently unaddressed issues, etc. Keep in mind the need for continuity in CCMP implementation. A summary table listing the prior CCMP s actions completed, revised, ongoing, and those deemed obsolete can be included. 2. Describe how the NEP has contributed to or supported activities that helped develop new information, if applicable, when highlighting major changes due to new information. Major changes could be informed by Status and Trends or State of the Estuary Reports, Indicator Reports, and associated monitoring programs. This is where a discussion of climate change assessments and adaptation strategies should appear. 3. Include a map of the study area. If there are any proposed changes, provide and the reasons for the changes. 4. Describe the NEP s program structure and membership with any proposed changes and explain how the structure will support the NEP s ability to oversee and promote CCMP implementation. This would include a discussion about the NEP s approach to achieving financial sustainability and for involving the public and stakeholders in its programs. The public involvement discussion would describe how the NEP will engage stakeholders to ensure community involvement and ownership in the CCMP implementation. Discussion of the NEP s program structure and membership can be represented as a stand-alone document, chapter, or a series of actions in the CCMP that includes: a) a vision statement; b) guiding principles, or goals and objectives; c) a target audience(s); d) a narrative description of activities, such as branding and messaging though social media; e) leads for those activities; and f) a budget and schedule for implementing the activities. 5. Discuss proposed changes in CCMP Actions, including their relationship to previously stated goals and priority problems, the probable causes and sources they address, and measurable objectives to attain the goal. Each CCMP Action must identify the key activities expected to be implemented to address the priority problem. It would be very helpful to include a table comparing the old and new actions in the CCMP which could appear upfront in the document, or within each chapter. CCMP Actions need to be clear, understandable, and plainly link to Section 320 (purpose #4). They should: a) describe the activity/what will be done; b) where the action will take place or 2

4 location it will affect; c) the lead entity responsible for implementing the action; d) include an approximate timeline and milestones for completion; e) estimate the range of potential costs of the action and sources of funding; and f) address performance measures (quantitative measures and environmental results wherever possible). Those CCMP Actions eligible for funding under Section 320 (through the EPA funding agreement) will be fleshed out and included in the NEP workplan submitted to EPA. CCMP Actions not funded by Section 320 should be clearly identified along with the other potential funding source. 6. Include a Monitoring approach* that will track protection of and/or improvements in the study area and effectiveness of CCMP Actions. This can be a separate brief higher level document or chapter in the CCMP that identifies within the study area: a) data the NEP and partners are collecting for which parameters; b) the party/parties responsible for collecting the data; c) timetable for collecting and reporting the monitoring data; d) how the data is shared, who it is reported to, and how it is used; e) data gaps; and f) additional funding needed for monitoring activities. This section should explain how monitoring has/will change as a result of new/modified actions and priorities, and any new environmental indicators. Monitoring should be tied to the State of the Bay Report and the NEP Quality Management Plan which has similar components. Please note: A QAPP can supplement the Monitoring Plan, but does not in and of itself meet this requirement. 7. Include a Finance strategy* that will establish long-term financial sustainability to implement the CCMP through diverse sources and partners. The strategy can be a separate document or chapter in the CCMP that includes: a) funding objectives; b) current funding sources; c) priorities for funding; and d) proposed actions or strategies to garner new funding for CCMP implementation. The strategy should be at least a case for support piece that can be shown to potential funders highlighting the environmental results achieved by that NEP and how funds would be used if received. 8. Include a Habitat Protection/Restoration strategy.* The strategy can be separate document or chapter/section of the CCMP and should include or contain: a) a description of habitat types and key species in the study area; b) goals and measurable objectives; c) priority habitats and species for protection and or restoration efforts; and d) actions that reflect a climate change vulnerability assessment. NOTE: Make sure to include a public review process for CCMP Revisions (that must extend beyond the Management Conference members). Response to comments should be summarized and be made publically available. *If these sections (Monitoring, Finance and Habitat) are being carried forward from the former CCMP, they can be incorporated into the Revised CCMP via cut and paste. 3

5 Content Checklist - Essential Components of an Updated CCMP (minor changes) An Updated CCMP can take the form of: 1) an Addendum to the Current CCMP, 2) a Strategic Plan or updated Implementation Plan that serves as a companion piece to the CCMP, or 3) changes to select Action Plans in the current CCMP. An updated CCMP should: 1. Describe clearly the priorities, goals, objectives (objectives should be measurable), and Action Plans. Changes made from the previous CCMP should be described in the document. This could include a summary table listing the prior CCMP s actions completed, revised, ongoing, and those deemed obsolete. 2. Clarify whether Action Plans are replacements for or enhancements of former/previous Action Plans. Clearly articulate how CCMP and Actions relate to previous CCMP. (This enables the reader to determine what changed and why, as well as which actions are new, what was completed and why actions were not implemented, etc.). The discussion of changes may be contained in the Introduction or an Appendix that might include a comparative table of original and revised actions. 3. Be clear, understandable, and linked to Section 320 (purpose #4). Action plans should: 1) describe the activity/what will be done; b) where the action will take place or location it will affect; c) indicate which entities will serve as lead implementers; d) include a timeline and milestones for completion; e) provide the potential cost of the action (can be a range) and sources of funding; and f) address performance measures (quantitative/environmental results measures wherever possible). Those CCMP Actions eligible for funding under Section 320 (through the EPA funding agreement) will be fleshed out and contained in the NEP Workplan submitted to EPA. CCMP Actions not funded by Section 320 should be clearly identified along with the potential funding source. 4. Describe any other changes to your existing CCMP. This may be done in an Appendix. 5. Depending on the extent and magnitude of the changes, stakeholder involvement could simply involve an internal Management Conference member discussion. If the NEP decides to send the Updated CCMP out more broadly for public comment, response to comments should be summarized and be made available. 4

6 HQ Concurrence Process for CCMP Revisions and Updates Regional and Headquarters Coordinators will collaboratively review updated and revised CCMPs so that EPA can respond with one voice to the proposed changes. A key element of this cooperation is early communication between Coordinators as the process unfolds. The Regional Coordinator will take the lead in identifying potential issues in a timely manner and securing the endorsement of Regional management in providing the final CCMP for Headquarters concurrence. Note that delivery and review of CCMP documents will be through or other digital means. Regional Coordinator shares early drafts of the CCMP and associated documents with the HQ Coordinator. Coordinators confer and discuss initial feedback on documents. Regional Coordinator shares feedback with NEP Director and may choose to extend an invitation to the Headquarters Coordinator to participate in discussions. Regional Coordinator sends final draft CCMP and associated documents to HQ Coordinator. HQ provides comments reflecting the current NEP Funding Guidance and the CCMP Revision Checklist, to the Region. Region prepares and sends integrated EPA comments to the NEP Director. The NEP addresses EPA comments. If any issues remain, the Regional Coordinator will work with the NEP Director, Management Conference and Regional Managers to resolve as necessary. The Regional Coordinator may choose to invite the HQ Coordinator in these discussions, as necessary. Regional Coordinator provides the final draft CCMP and associated documents to the HQ Coordinator. The draft will reflect HQ comments, the NEP Funding Guidance, CCMP Checklist and the intent of Sec HQ Coordinator drafts an for HQ Manager highlighting the minor or major changes in the document and recommending final concurrence. The Regional NEP manager will send the final draft CCMP Revision, indicating conformance with CWA Sec. 320, to the HQ Division Director. The HQ Division Director acknowledges receipt of CCMP. For CCMP Updates, the Regional NEP manager sends a message to the CMB Branch Chief certifying that the final CCMP Update conforms with CWA Sec CMB Branch Chief acknowledges receipt of the updated CCMP. 5

7 December 9, 2015 CBBEP - CCMP (Bays Plan) Revision Process Estimated Timelines CCMP Revision Steps Description Estimated Timeline Internal staff meeting Discuss scope, process and staff role Fall 2015 Staff prepares for Revision of Plan Staff Recommends Consultant to assist in writing the Revision plan Staff Recommends Outline for CCMP Staff coordinate meeting of Implementation Teams Include purpose, scope, process for Revision Recommend that the Implementation Teams review and recommend changes needed in the plan Recommend that Bays Council act as Steering/Oversight Committee Consultant Meets with Staff prior to participating in the Implementation Team Meetings Staff and consultant work to identify additional Chapters (i.e., Coastal Resiliency and Climate Change Vulnerability Section, Invasive Species, Contaminants and/or Emerging Issues) and incorporate these into a comprehensive outline Send outline to EPA regional office for review Explain scope and process to teams Explain that staff will be seeking to obtain input throughout the process Determine if any new priority areas should be added based on staff recommendations Staff begin review of action plans Staff can begin reviewing action plans so that when the time comes to make recommendations they are prepared Staff coordinate and support meetings of teams to review action items Staff will work with consultant to coordinate and host team meetings to discuss particular components of the plan Minimum of 1 meeting; Maximum of 3 meetings Purpose: Develop list of action items Provide staff recommendations via before meeting Ask for new action items from members before meeting At meeting, review criteria for removing/adding action items Discuss potential partners, timelines, and Fall 2015 December 2015 December January 2016 January 2016 December February 2016 February - March 2016 Page 1 of 3

8 December 9, 2015 CCMP Revision Steps Description Estimated Timeline funding mechanisms as well Staff work with consultant to review list of recommended action items to be considered for approval and discuss supporting information Staff review actions to ensure they are not overlapping Ensure that actions are measurable, achievable, and relevant Approve or recommend changes to action items Also determine what information should be in action item pages, what introductory information should accompany each action plan, and what introductory chapters are needed Consultant and Staff determine initial graphics and design March - April 2016 Draft writing Consultant to draft pages for action items April - July 2016 Consultant to draft introductions to action plans Consultant to draft introductory chapters Draft review Staff reviews draft, approves or August 2016 recommends changes Draft provided to Teams for information purposes Draft revised Staff reviews changes provided by the September 2016 Teams and Consultant makes changes Consultant and Staff finalize graphics and design Draft provided to EPA regional office for review Draft posted Draft posted online for public comment (45 October 2016 days) Also make 1 hard copy available at CBBEP that public can come and review Public meeting/forum for input Host public meeting for input into CCMP October 2016 Staff and consultant organize public meeting Staff and consultant consolidate all comments into package for Steering Committee (including online) Bays Council meeting Provide general overview of changes made October 2016 to the plan Review public input into plan Make a list of changes based on public input Revise draft Consultant revises draft based on input November 2016 received from public consultation Page 2 of 3

9 December 9, 2015 CCMP Revision Steps Description Estimated Timeline Final draft of CCMP Revision to For approval December 2016 Steering Committee Final draft of CCMP Revision to For approval December 2016 Bays Council Final draft of CCMP Revision to For approval December 2016 Board of Directors Staff send approved CCMP December 2016 Revision to Texas Officials and EPA Page 3 of 3

IRL NEP STEM AC Meeting

IRL NEP STEM AC Meeting January 27, 2017 10 AM 2 PM Ted Moorhead Lagoon House 3275 Dixie Hwy NE, Palm Bay, FL 32901 This meeting is open to the public Agenda Items 1. Call to Order Dr. Chuck Jacoby (Chair)