WSFR Policy Branch WSFR Regulatory Update Lisa E
WSFR Policy Branch WSFR Regulatory Update Lisa E. Van Alstyne Lisa_Van_Alstyne@fws. gov 703. 358. 1942 WSFR Fiscal Meeting April 6, 2017
Basic Terms � Unified Agenda – The Regulatory Information Service Center (part of GSA) compiles the Unified Agenda - Twice annually, in the Spring and Fall - Information on all regulatory and deregulatory actions planned for the following year - Target audience is the President, Congress, agency managers, and the public. � 90 -Day List – A quarterly report done by the Agency - Information on regulatory and deregulatory actions for the next quarter - Target audience is the Service, Department, and OMB.
Significant Regulatory Actions Under E. O. 12866 OMB determines whether an action is “significant” and subject to interagency review. The criteria are: 1. Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; 2. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 3. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4. Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.
Executive Orders � E. O. 12866: Regulatory Planning and Review - Issued by President Clinton on September 30, 1993 - Establishes and governs the process under which OMB reviews regulatory actions. - The objectives of the Executive Order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision-making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process more accessible and open to the public. - For all significant regulatory actions, the Executive Order requires OMB review before the actions take effect. On the part of the agencies, Executive Order 12866 requires an analysis of the costs and benefits of rules and, to the extent permitted by law, action only on the basis of a reasoned determination that the benefits justify the costs.
Executive Orders E. O. 13563 – issued by President Obama January 18, 2011 Upholds the principles, structures, and definitions of E. O. 12866, but adds… Five new principles to guide regulatory decisionmaking: 1) Promote public participation, in part through making relevant documents available on the regulations. gov to promote transparency and comment. Agencies to engage the public, including affected stakeholders, before rulemaking is initiated. 2) Agencies are directed to attempt to reduce “redundant, inconsistent, or overlapping requirements, ” in part by working with one another to simplify and harmonize rules. 3) Agencies are directed to identify and consider flexible approaches to regulatory problems, including warnings and disclosure requirements. Such approaches may “reduce burdens and maintain flexibility and freedom of choice for the public. ” 4) Agencies are directed to promote scientific integrity. 5) Agencies are directed to produce plans to engage in retrospective analysis of existing significant regulations to determine whether they should be modified, streamlined, expanded, or repealed.
Executive Orders E. O. 13610, Identifying and Reducing Regulatory Burdens – issued by President Obama in 2012 Institutionalizes the retrospective mechanism set out in E. O. 13563 Focus on not just looking at new regulations, but also at existing regulations to determine if they are still needed, meet current criteria and objectives, etc. Agencies report on these efforts twice a year (January and July)
NEW Executive Order E. O. 13771 Reducing Regulation and Controlling Regulatory Costs – January 30, 2017 Focus: Costs associated with the government imposing private expenditures to comply with Fed. Regulations AKA known as the 2 for 1 E. O. – requires for every new regulation issued, two prior regulations are identified for elimination Requires that agencies “zero out” costs associated with regulations In order for a regulation to publish, it must have been published in the most recent Unified Agenda
NEW Executive Order E. O. 13777 Enforcing the Regulatory Reform Agenda – February 24, 2017 Supports E. O. 13771: To alleviate unnecessary regulatory burdens Sets up agency processes for Regulatory Reform Officers and Task Forces Sets up processes for accountability
Interim Guidance for E. O. 13771 Limits the 2 for 1 E. O to “significant” regulatory actions Cost savings and 2 for 1 can be applied agency-wide Goal is to provide a mechanism for agencies to identify and repeal outdated, ineffective, or unnecessary regulations and for the prudent management and control of regulatory costs imposed on society
What this all means � 50 CFR 80 was included in the Fall Unified Agenda � 50 CFR 84, Criterion 11 was not – DEAD until after Spring Agenda published �All rules, even if in a prior Unified Agenda, are being re-reviewed for “significance. ” All prior determinations are null and void. � 50 CFR 80 has gone through the Service and Department surname process, all have been briefed, and is awaiting approval to publish
WSFR Regulation – the minnow in the middle
What’s Next? We connect weekly with the Service and Department contacts to determine if any movement We’ve been told that hopefully it may only be a few months, but it could be much longer before Service regulations are routinely published We planned a heavy regulatory agenda for the next 2 years, which is obviously off-schedule
What’s Next Use what we have – get creative – address issues and needs We were approved by the Solicitor’s Office to make the Criterion 11 change for 50 CFR 84 in the NOFO We will reexamine our regulatory approach and ask our partners to consider other options We will make use of other Policy venues in the interim
Other WSFR Policy Branch activities: �Advance Notice of Proposed Rulemaking �Programmatic Agreements �Directorate Fellow special project �Guidance Documents �Wiki Improvements
- Slides: 15