NWC Federal Spotlight (July 17, 2023)

Happy Monday NWC Members!

Welcome to a frenzied July in our nation’s Capital as Congress heads to its August recess. Congress has a lot on its plate including FY 2024 appropriations (FY2023 for the federal government ends on September 30) and a host of other issues including numerous hearings and markups in our Congressional Spotlight. The largest piece of news is that the Senate starts work on their WRDA 2024 package.

Under our Federal Agency Spotlight, we discuss the latest on “Waters of the U.S.,” along with upcoming funding and meeting announcements.

In the NWC Spotlight, just a quick reminder that early bird pricing for NWC’s Annual Meeting in Sacramento on Oct. 2-4, 2023, ends on Aug. 1. Check out our impressive list of confirmed speakers!

Finally, for those of you in the navigation world, you may be interested in an effort by the National Working Waterfront Network, a community dedicated to supporting and preserving working waterfronts and coastal communities, is asking for input to compile a list of policy recommendations at the local, state, and federal levels on important concerns and opportunities for working waterfronts (workforce development, competing waterfront uses, public access issues, waterfront infrastructure, transportation, new regulations, increased funding, etc.).

As always, if you have any questions, please do not hesitate to reach out to us.

Best, Julie

CONGRESSIONAL SPOTLIGHT

Overview: Last week, Congress returned from its two-week recess for a frenzied July session. They have a handful of legislative days until the August recess starts and a huge list of to-do items including FY2024 appropriations, farm bill, National flood Insurance Program reauthorization and more. Additionally, there are indications that work on the Water Resources Development Act bill for 2024 is about to start.

FY2024 Appropriations are moving forward but rough waters may be ahead. The Fiscal Year (FY) for the federal government ends on September 30. None of the 12 appropriations bills to fund various federal agencies have been signed into law yet. As of last week, the House has released all 12 appropriations bills and the House appropriations committee has marked up 8 of them. The tentative plan is to bring 1-2 bills to the House floor before the August recess. However, just a quick reminder that House Republicans drafted the FY2024 appropriations bills at FY2022 enacted numbers, not FY2023, as agreed to under the debt ceiling agreement. This was a concession that House Speaker Kevin McCarthy (R-Calif.) agreed to get the debt ceiling bill based. This immediately sets up a potential challenge with the Senate which is using FY2023 enacted as the topline funding in their appropriations bills. The Senate appropriations committee has been hard at work on their bills and hopes to finish their committee work by the August recess. On July 20, the Senate appropriations committee is scheduled to mark up the Transportation-HUD and the Energy and Water Development (U.S. Army Corps of Engineers, Bureau of Reclamation and Department of Energy) appropriations bills. On July 27, the committee is scheduled to mark up the Interior Bill, which funds the Department of the Interior and the U.S. Environmental Protection Agency. Since the Senate has announced they plan to work on their version of the National Defense Authorization Act (NDAA), that leaves no time for the chamber to bring up an appropriations bill before September. We are hearing that it is increasingly likely that Congress will need to pass a Continuing Resolution (CR) to keep the federal government open beyond October 1 at current funding levels.

WRDA Portal for Senators Opens/Hearing on July 20. Big news on the 2024 Water Resources Development Act (WRDA) authorization, NWC members! On the Senate side, which typically starts its WRDA process earlier, the Environment and Public Works Committee (EPW) has announced they are kicking off its WRDA process with a two-pronged approach. First, they have opened their process to accept study, project, and policy proposals for the yet-to-be-drafted bill. All proposals must go directly through your Senators—the committee will not be taking stakeholder recommendations directly. It is recommended that you contact your Senator(s) to find out their internal process for accepting WRDA 2024-related studies, projects, and policy recommendations. Per a Dear Colleague sent out to Senators the week of July 11, EPW will accept Senator requests until Friday, October 6, and lays out further parameters of the submissions. Second, EPW has scheduled a WRDA 2024 hearing for next Thursday. The July 20 hearing, The Water Resources Development Act of 2024: Non-Federal Stakeholder Views, kicks off at 9:30am ET and features non-Federal speakers from the Port of Los Angeles, Metro Flood Diversion Authority, Bay Beach Association and Cooper Consolidated. The House of Representatives expects to start their WRDA 2024 process later this year. WRDA is a biennial bill that authorizes studies, projects, and policies for the U.S. Army Corps of Engineers civil works program. It is only step one of a two-step process to get studies and projects moving forward. Step two is getting the projects funded through the annual appropriations process in the Energy and Water Development and Related Agencies bill.

Hearings/Markups of interest this week:

FEDERAL AGENCY SPOTLIGHT

ENVIRONMENTAL PROTECTION AGENCY

Environmental Justice Advisory Council Meeting (July 25—July 27, 2023). The U.S. Environmental Protection Agency (EPA) announced that the Environmental Justice Advisory Council will meet for a hybrid in-person/virtual meeting on Tuesday, July 25—Thursday, July 27.  The Council is tasked with providing independent advice and recommendations to the EPA administrator about “broad, cross-cutting issues related to environmental justice. The meeting discussions will focus on several topics including, but not limited to, workgroup activity, final recommendations for council consideration, presentations and charges created through collaborations with various EPA national program offices. The NEJAC is interested in receiving public comments relevant to the following charges and recommendations: (1) Recommendations for National Environmental Policy Act (NEPA)/309 Training; (2) Recommendations for Water Infrastructure Technical Assistance; (3) Cumulative Impacts Framework Charge; (4) Farmworker and Pesticides Charge; (5) Environmental and Climate Justice Program Funding Opportunities: What infrastructure projects and capacity building activities provide the most beneficial impact within Puerto Rico and the Virgin Islands? What has kept organizations from applying for funding? To learn more about the meeting, including how to sign up to comment publicly, please refer to the Federal Register notice.

National Drinking Water Advisory Council Meeting (August 8, 2023). The U.S. Environmental Protection Agency’s (EPA) Office of Ground Water and Drinking Water is announcing a virtual meeting of the National Drinking Water Advisory Council (NDWAC or Council) as authorized under the Safe Drinking Water Act (SDWA). The purpose of the meeting is for EPA to update the Council on Safe Drinking Water Act programs and to consult with the NDWAC as required by the SDWA on a final National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS). On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). EPA proposed regulating PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. Additional details including other topics for discussion will be provided in the meeting agenda, which will be posted on EPA’s NDWAC website.

EPA/Corps to release newest WOTUS definition by Sept. 1. “Waters of the U.S.” is a term used in the Clean Water Act to differentiate between federal and state oversight of waters. The term has been fraught with difficulty due to several murky Supreme Court decisions. In the past decade, several administrations have attempted to rewrite the WOTUS definition, unsuccessfully. Biden finalized his WOTUS rule earlier this year, and the rule was immediately challenged in the courts, leading to a patchwork of regulations nationally. Concurrently, the U.S. Supreme Court heard Sackett vs. EPA on the scope of WOTUS. In May, SCOTUS ruled that EPA and USACE could not use the significant nexus text, a huge underpinning of their 2023 rule, to claim federal oversight over water.  At the time, we speculated that the agencies would need to put out clarifying guidance. However, the agencies recently announced that they will revise their current definition by taking out references to significant nexus and release a revised FINAL WOTUS definition by Sept. 1. They will accept comments after the rule is published in the Federal Register, rather than opening another public comment period. The EPA stated that they are using the “good cause” exemption, which allows federal agencies to “bypass notice-and-comment procedures when justified by “good cause.” It is likely that this rule, like other WOTUS rules, will be challenged in the courts. Additionally, we are hearing that USACE has restarted jurisdictional determinations again after the Sackett decision. There are now processing some permits in areas where there are no or marginal impacts to water resources.

FEDERAL EMERGENCY MANAGEMENT AGENCY

National Dam Safety Program Board—Nominations Requested (Open until Aug. 5, 2023). The Federal Emergency Management Agency’s National Dam Safety Review Board is currently accepting nominations until Aug. 5, 2023, to serve on the Board. The Review Board advises FEMA’s Administrator in setting national dam safety priorities and considers the effects of national policy issues affecting dam safety. Review Board members include FEMA, the Chair of the Board and representatives from four federal agencies (U.S. Departments of Agriculture, Commerce, Homeland Security, and Interior) that serve on ICODS, five state dam safety officials, and one member from the private sector. Three vacancies are available within the state government and private sector representations.

FEMA Hosts Community Listening Sessions on Designating Community Disaster Resilience Zones. In accordance with the Community Disaster Resilience Zone Act of 2022, FEMA must use a data and mapping tool to identify and designate community disaster resilience zones. This new initiative aims to identify high-risk geographic zones and provide focused financial and technical support to advance resilience in our nation’s most vulnerable communities.  FEMA is facilitating multiple avenues for gathering feedback, including listening sessions for states, Tribes, territories, local communities, public and private sector entities, and non-profit organizations. These sessions and the Request for Information published in the Federal Register offer opportunities for public input. FEMA seeks public input on risk methodology, designation of zones, and post-designation support for each zone. Additionally, FEMA has scheduled four interactive listening sessions for July and August 2023. Each session can accommodate a maximum of 1,000 participants. All opportunities will be conducted online via Zoom and recorded with a transcript of each session to be published on FEMA’s website for easy access and reference.

Risk Assessment Methodology and the Method to Designate Community Disaster Resilience Zones:

Frameworks for Delivery Services and Technical Assistance to Designated Zones:

Thursday, July 20, 2 – 3:30 p.m. ET. Register here. 

Additionally, FEMA has scheduled a specific consultation on this topic for tribal nations to discuss how best to include Tribal Lands in zone designations, use of census data, and strategies to communicate designation of zones to tribal nations from 3-4:30 p.m. ET on Aug. 2. For additional information, including the agenda and to register, visit the Tribal Consultations webpage on FEMA.gov

FEMA Survey for Building Resilient Infrastructure Investment and Community Grants. FEMA recently launched a survey for Building Resilient Infrastructure Investment and Community (BRIC) stakeholders. The survey results help inform continuous improvement of the BRIC program and offers benefits to process improvements across FEMA’s Hazard Mitigation Assistance grant programs. The survey asks participants about their experiences with all aspects of the BRIC grant program—from project development to submitting grant applications— in order to help enable FEMA to better meet stakeholder needs in the future. FEMA will conduct an in-depth analysis of all feedback and publish a summary report with the findings in 2024. The agency hopes to gain valuable insights from feedback to inform continuous improvement of the BRIC program and benefit process improvements across FEMA’s Hazard Mitigation Assistance grant programs. By addressing challenges and streamlining processes, FEMA strives to make accessing BRIC funding more accessible and efficient for its stakeholders. The deadline for all submissions is Wednesday, Aug. 16. Visit FEMA.gov or Survey Monkey to take the survey.

$12M Available for Regional Catastrophic Preparedness Grants. FEMA released the funding notice for the Fiscal Year 2023 Regional Catastrophic Preparedness Grant Program. The program provides $12 million to eligible states and local governments to close known preparedness capability gaps, encourage innovative regional solutions to issues related to catastrophic incidents and build on existing regional preparedness efforts. Awards will be made on a competitive basis to applicants who present an ability to successfully meet the requirements described in the funding notice. The application period will remain open until 5 p.m. ET on July 24. Submissions must be made through Grants.gov. The Notice of Funding Opportunity is available on Grants.gov as well as on FEMA.gov.

FEMA Announces Training Grants on Rural Community Preparedness and Increasing Tribal Capacity Building. On June 22, FEMA released the funding notice for $6 million in competitive grants as part of the Fiscal Year 2023 Homeland Security National Training Program/Competitive Continuing Training Grants. These grants provide training solutions to address specific national preparedness gaps and increased capacity through training availability. This year, for the first time, FEMA designed the grant with two distinct focus areas, “Build Tribal Capacities to Improve Readiness and Resilience” and “Rural Preparedness for Equitable Outcomes.” The funding notice is posted at Grants.gov, at DHS-23-NPD-005-00-96. Grants are available to applicants through a competitive process to help improve the nation’s ability to respond to and recover from all-hazards events through training. The application period will close at 5 p.m. ET on Aug. 7.

FEMA Seeks Comments About Increased Funding Access and Reducing Disaster Risk. FEMA published a notice in the Federal Register seeking public comment on how to apply new legislation that will designate areas with communities most at risk and from natural hazards. The comment period is open until July 25. This notice is for the agency to gain better understanding in key areas that will support an effective implementation of the Community Disaster Resilience Zone Act. FEMA posted the Request for Information to learn the best ways to obtain public feedback that will help shape and inform how the agency uses the act to increase resilience efforts. Comments can be submitted from 2023-11268 on the Federal eRulemaking Portal, Docket ID: FEMA-2023-0009 or by emailing FEMA-CDRZ-RFI@fema.dhs.gov. Please follow the instructions on the page for submitting comments and contact the Regulations.gov Help Desk if you have technical issues. Visit FEMA.gov for more information

FEDERAL MARITIME COMMISSION

Agency Information Collection Activities: 60-Day Public Comment Request (Comments due by Sept. 11, 2023). As part of the continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, the Federal Maritime Commission (Commission) invites comments on a new web portal to collect information from the public regarding comments, complaints, concerns, reports of noncompliance, requests for investigation, and requests for alternative dispute resolution. The collection implements certain provisions of the Ocean Shipping Reform Act of 2022. We invite comments on: (1) the necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

NWC SPOTLIGHT

NWC’s 2023 Annual Meeting (Oct. 2-4, 2023, Sacramento). EARLY BIRD ENDS AUG. 1.

NWC, get excited to meet face-to-face and dig into the water and waterways resource challenges and opportunities facing the nation at our NWC Annual Meeting in Sacramento, California on October 2-4, 2023. A draft agenda is available.  REGISTER HERE.

Confirmed speakers include (but are not limited to):

    • Mr. Eddie Belk, Director of Civil Works, USACE
    • Mr. Thomas Smith, Chief, Civil Works Operations and Regulatory Division, USACE
    • Brig. Gen. Antoinette Gant, Commander, South Pacific Division, U.S. Army Corps of Engineers
    • Col. Chad W. Caldwell, Commander, Sacramento District, USACE
    • Lt. Col. Shebesta, Commander, San Francisco District, USACE
    • Lt. Col. Jerry V. Hansbrough, Commander, Albuquerque District, USACE
    • Ms. Jacklynn Gould, Regional Director, Lower Colorado Basin Regional Office, Bureau of Reclamation, U.S. Department of the Interior
    • Mr. Ernest Conant, Regional Director, California-Great Basin Region, Bureau of Reclamation, U.S. Department of the Interior
    • Mr. Wade Crowfoot, Secretary of Natural Resources, California Department of Water Resources

LOCATION

We’ll meet at the Sheraton Grand, at 1230 J Street, Sacramento, Calif.

REGISTRATION RATES (early bird ends Aug. 1, 2023)

  • Member Rates:
    • $650 (early bird, by Aug. 1 )
    • $750 (regular, after Aug. 1)
  • Non-Member:
    • $800 (early bird, by Aug. 1 )
    • $900 (regular, after Aug. 1)
  • Spouse (includes spouse boat tour/lunch, meals and receptions)
    • $150 (early bird, by Aug. 1)
    • $225 (regular, after Aug. 1)

WORK FOR THE FEDERAL GOVERNMENT? Contact Julie Ufner, NWC President and CEO, at julie@waterways.org for federal government staff pricing.

To register, click here. Please note that you will need to log into the system to register.

Click here for NWC’s Notice of Risk and Event Refund Policy. 

HOTEL

The meeting will be held at the Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento, CA 95814.

A block of rooms has been reserved at $239 (plus applicable taxes) per night, for all conference attendees. This rate will be available until September 18, 2023, or until rooms are sold-out in the block, whichever comes first.

Click here to make a hotel reservation.

SPONSORSHIP

BECOME a NWC Partner and raise your brand!  Place your logo and message on the meeting Tote Bags distributed to all attendees or be the first message attendees see when they check in at the Sheraton by sponsoring the Hotel Keycards, OR at the end of the day’s events with a Hotel Door Drop, you provide the gift; we will distribute to hotel guest rooms Tuesday evening!

Highlight your presence, receive access, make lasting connections!   For more info, review the PROSPECTUS and lets begin your company recognition NOW!

To learn more about the options, contact Kathleen Turner, NWC’s sponsorship consultant, at NWCsponsorship@waterways.org.

A huge thanks to those of you who already committed!  We look forward to working with you!

PLATINUM Partner – Annual Meeting Co-Host

Sacramento Area Flood Control Agency (SAFCA) 

DIAMOND Partner

Iowa Corn – Conference sponsor

PREMIER GOLD Partner

HDR – Keynote Luncheon & Annual Meeting Totes

GOLD Partner

GEI Consultants – Kickoff Reception

YUBA Water Agency – Dinner Reception

SILVER Partner

PSOMAS – Breakfasts

BRONZE Partner – Breaks

Larson Wurzel & Associates 

Valley Water 

Gulf Coast Water Authority 

Tarrant Regional Water District 

Lanyards

CDM Smith  

Notepad & Pens 

Trinity River Authority (TRA)

Benefactor

Mead & Hunt  

SUPPORTERS

Best Best and Krieger  

Florida Inland Navigation District  

Port of Memphis