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A Flood of Questions: Integrating Floodplain Management and Salmon Con
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A Flood of Questions: Integrating Floodplain Management and Salmon Conservation


Credits: 7 General

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Category:
Environmental Law
Duration:
7 Hours
Format:
Audio and Video
Original Program Date :
Nov 07, 2014
OSB Course ID:
90*1825
License:
Access for 60 day(s) after purchase.


Description

Seminar Location

Columbia River Inter-Tribal Fish Commission, Portland, OR


A Flood of Questions: Integrating Floodplain Management and Salmon Conservation            

Co-sponsored by CRITFC and OLI

Friday, November 7, 2014
Columbia River Inter-Tribal Fish Commission            
700 NE Multnomah St., Room 502
Portland, OR  97232
7 General or Practical Skills MCLE Credits
                                            
=============================
SCHEDULE
                                        
8:00 a.m.     check-in and continental breakfast

8:25        welcome

8:30–9:15    Legal Landscape: Managing Floodplains and Restoring Salmon
Professor Zellmer will discuss the history of federal efforts to control floods, re-build in the wake of flood damage, and insure against flood losses. She will examine how these programs affect our environment as well as our economy, and introduce some of the modern controversies involving these issues.    
        – Sandy B. Zellmer, Professor of Law, University of Nebraska College of Law

9:15–10:00    Understanding and Restoring Floodplain Function for Salmon Restoration and Other Benefits
A healthy and properly functioning floodplain is critical to water quantity, quality and fish habitat. The disconnect of streams to floodplains created by channelization, impoundment and flood risk management is a coon factor affecting fish habitat. This panel will provide tribal perspectives on functioning river ecosystems, including a sense of what has been lost and what is being rebuilt.
        – Gary James, Fisheries Program Manager, Confederated Tribes of the Umatilla Indian Reservation
        – Matt Wynne, Chair, Upper Columbia United Tribes, Spokane Tribe of Indians
        – Thomas A. Zeilman, Attorney for Yakama Nation

10:00–10:15    break

10:15–11:15    Administering Floodplain Protection: Agency Roles and Views
The management of floodplains and their habitat for salmon is not regulated by one law or one agency; a variety of agency obligations play a role in managing floodplain condition and its ability to serve as salmon habitat.  Panelist will discuss the roles of their agencies, the tools available to them, and the direction that administration is heading for purposes of protecting salmon habitat in the floodplain.
         – Mark Carey, Director, Mitigation Division, FEMA Region X
         – Representative, U.S. Army Corps of Engineers
         – Kim W. Kratz, Assistant Regional Administrator, NOAA Fisheries, West Coast Region

11:15–12:00    Levee Certification/Re-Certification
Panelists will discuss the Flood Control Act, US Army Corps of Engineers Rehabilitation and Inspection Program, FEMA National Flood Insurance Program (NFIP) Levee Accreditation Process, case example at Peninsula Drainage District #1 and #2, and the Oregon Solutions process.    
        – Hong Huynh, Miller Nash LLP
        – Sunny Simpkins, Natural Resources Project Manager, Multnomah County Drainage District

12:00–1:00    lunch (on your own)

1:00–1:30    NFIP Consultation and Litigation
There have been several lawsuits around the country regarding FEMA’s obligations to protect species listed as threatened or endangered in implementing the National Flood Insurance Program. Professor Rohlf will summarize the issues and legal questions that arise in these cases, highlighting ongoing litigation in the Pacific Northwest.
        – Daniel J. Rohlf, Professor of Law, Lewis & Clark Law School

1:30–2:30    Changes to Mapping Requirements for NFIP
The current system for regulating and protecting floodplains relies on mapping a variety of flood hazard zones and conservation zones. This mapping is technically challenging, and raises a host of difficult policy issues such as how to account for climate change in mapping flood-prone areas. This panel will explore changes and controversies involving floodway mapping.
        – John Graves, Acting Chief, Floodplain Management Branch, FEMA Region X
        – Kim W. Kratz, Assistant Regional Administrator, NOAA Fisheries, West Coast Region
        – Jed Roberts, Geologist, Flood Mapping Coordinator, Oregon Department of Geology and Mineral Industries
        – Christine Shirley, National Flood Insurance Program Coordinator, Oregon Department of Land Conservation and Development

2:30–2:45    break

2:45–3:45     Floodplains and Local Land Use Regulation
Under the NFIP, FEMA establishes criteria for floodplain management that local governments must meet to maintain eligibility for federal benefits. NOAA Fisheries has proposed changes to these standards that not everyone supports or believes are possible under current law. Panelists will provide an overview of the complex interactions between federal, Oregon, and local laws, and the hurdles to achieving floodplain habitat protections.
        – Moderator: Amanda Punton, Natural Resource Specialist, Oregon Department of Land Conservation and Development
        – Gordon Howard, Urban Planning Specialist, Oregon Department of Land Conservation and Development
        – Kaitlin Lovell, Science, Fish and Wildlife Division Manager, City of Portland Bureau of Environmental Services
        – Bryan W. Pohl, Community Development Director, Tillamook County

3:45–4:30     Columbia River Treaty
After 2024, if no changes are made to the Columbia River Treaty, the U.S. loses assured flood storage in Canada under a coordinated flood control operating plan and must make effective use of its available food storage before it can call upon Canada for help. As a result of this change, there are several questions about U.S. flood management planning after 2024. This panel will outline some potential answers to those questions.    
        –  Brian C. Gruber, Attorney for the Colville Confederated Tribes, Ziontz Chestnut
        –  John Shurts, General Counsel, Northwest Power and Conservation Council

4:30 p.m.    adjourn
============================
PROGRAM FACULTY
  
Mark Carey
Director, Mitigation Division
FEMA Region X

Jeffrey G. Condit
Program Co-Planner
Miller Nash LLP

Christine Golightly
Program Co-Planner
Policy Analyst
Columbia River Inter-Tribal Fish Commission

John Graves
Acting Chief
Floodplain Management Branch
FEMA Region X

Brian C. Gruber
Attorney for the Colville Confederated Tribes
Ziontz Chestnut

James Heffernan
Program Co-Planner
Policy Analyst
Columbia River Inter-Tribal Fish Commission

Gordon Howard
Urban Planning Specialist
Oregon Department of Land
Conservation and Development

Hong Huynh
Miller Nash LLP

Gary James
Program Co-Planner
Fisheries Program Manager
Confederated Tribes of the Umatilla Indian Reservation

Kim W. Kratz
Assistant Regional Administrator
National Oceanic Atmospheric Administration Fisheries West Coast

Robert C. Lothrop
Program Co-Planner
Policy Development Litigation Support Manager
Columbia River Inter-Tribal Fish Commission

Kaitlin Lovell
Science, Fish and Wildlife Division Manager
City of Portland Bureau of Environmental Services

Amanda Punton
Program Co-Planner
Natural Resource Specialist
Oregon Department of Land
Conservation and Development

Jed Roberts
Geologist, Flood Mapping Coordinator
Oregon Department of Geology and Mineral Industries

Daniel J. Rohlf
Program Co-Planner
Professor of Law
Lewis & Clark Law School

Christine Shirley
National Flood Insurance Program Coordinator
Oregon Department of Land
Conservation and Development

John Shurts
General Counsel
Northwest Power and Conservation Council

Sunny Simpkins
Natural Resources Project Manager
Multnomah County Drainage District

Matt Wynne
Chair, Upper Columbia United Tribes
Spokane Tribe of Indians

Thomas A. Zeilman
Attorney for Yakama Nation

Sandy B. Zellmer
Law Professor
University of Nebraska College of Law

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