From: Jacoby, Karin Sent: Tuesday, February 21, 20.17 "11:53 AM- To: RobertTurner; wcurole@slld.org Subject: 408 Coalition Update and RequeSt Importance: High in Bob and Windell I am Writing todayrto ask for your SUpport of the next phase of the-Section 408 Coalitibn efforts at essentially the same ievel as for Phase .1. The focus during Phase '1 was on WRDA 2016, primarin 'to- assure that the Corps? jurisdiction of'408 would not. be. expanded, and specifically not to local flood protection. ln'that we were sU'ccessful, despite. there being language i'n'the :Senate passed version of the bill that Would have clearly expanded 408'to local flood protection, and in the House passed version that the Corps could {and likely would) have considered as congressional intent toregulate local'flood protection alterations.Under 408, the final bill did not include any proviSiOn that could be .?seen as ratifying-theCorps? 408 approach, While Phase. 1 preserved the status quo, aIOng with the possibility of legally challenging the Corps 408 approach to specific it did not go. so far asto stop the Corps from eXercising 408 jurisdiction over local flood protection. 'That is now the focus of the'Phase 2 effort. Underthe new Administration and current Congress, the opportunity exists to 'pUrsua a Directive from the. Administration or Legisi'ation that will keep "the. Corps from appiying 408'5to-the' flood .controi ar'eop'erated and maintained by non?Federai interests [local sponsors. The 2-prong strategy (Admin and Congress) targets a permanent solution. There are many differentsituations to be considered; initial authorization, h0w levees are operated 8:;maintained (and by whom), 3rd party benefit of 408 .used by some Levee Districts, etc. It will be important 'to get the language'just right in order to have. the'intended effe?ctis). I?ve begun developi'ngthat language, and hope to work with you On that to assure your-situationl-s) are included addressed. Rather than identifying a speci.fic'am0unt as was done for Phase-1, we rare-asking 408Coaiition members. to agree .to. fund aperc'e'ntage 0f Phase 2, "with a maximum not'to-exceed amount. This is intended tobe a 6-month effort that. is estimated to-co'st- between $155,000. and $180,000. I am hopeful that the SLFPAE and SLLD, perhaps together with other Louisiana Levee Districts-can support this at. the 10%ievel. Your participation could be justified in any number of ways, but one thatmay be particularly-appealing is that it would help indevelopment of the specific language mentioned above that can be advocated for by levee stakehoiders throughout-the Midwest and 50uth to? achieve the desired as weWere able to' do in Phase-'1. Onsa related ma_tter- atIthe uptomingi NWC events in DC there will be a side meeting, Monday, March6 from am? concerning. local flood protection and a short review of'reguiations and requirements "that are inhibiting investment and progress-in localjflood protection. If youare in DC the week of March'sth I hope that you Will join us for this disCuss?ion'that' will be held atthe conference hotel, Lowes Madison, in MVFCA HoSpitality Room. Thanks very much for considering thisirnportant request. I look'forward to talking with you soon. Best, Karin Karin M. Jacoby, Attorney LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112?2551. Direct: 816.983.8304 Faxi 8169833080 huscthackweEl.com Vi'ew Bio_[ View'Vcard Named a ?rSt?tfer-natianal real estate law firm'by U.S. News-Best Lawyers in 2017