NWC FEDERAL SPOTLIGHT (July 8, 2024)

Dear NWC members,

I hope everyone had a fantastic Independence Day filled with celebration, relaxation, and perhaps a bit of reflection. As we move past the 4th of July, it’s an excellent time to consider the significance of this day and its unique intersection with our mission at the National Waterways Conference.

Before we dive into our reflections, I want to take a moment to acknowledge the impact of Hurricane Beryl, which is hitting Texas now. Our hearts go out to all the communities affected by this storm. We stand in solidarity with the residents and emergency responders working tirelessly to ensure safety and recovery. Please stay safe and know that our thoughts are with you during this challenging time.

Post-Independence Day Reflections. The 4th of July, Independence Day, marks the birth of our nation, commemorating the adoption of the Declaration of Independence in 1776. This day symbolizes the courage and resilience of our forefathers who fought for liberty and self-determination. Many of the pivotal moments in the fight for independence occurred on or near our waterways. From the strategic importance of rivers and ports in battles to the vital role they played in transporting troops and supplies, our waterways were central to the revolutionary effort.

Modern-Day Significance of Water Resource Infrastructure. Fast forward to today, our nation’s water and waterways continue to be vital arteries of commerce, transportation, flood control, water supply, and recreation. They connect communities, support economic growth, and provide essential resources. The work we do at the NWC is crucial in ensuring that these water and waterways remain sustainable and beneficial for future generations.

Congressional Focus and Upcoming Legislation. As we look ahead, there are several key legislative priorities on our radar. The Water Resources Development Act (WRDA) of 2024 is making progress with both chambers moving their respective bills out of committee and waiting for floor time. Moreover, FY2026 appropriations are on the move.  Read more about it in the Congressional Spotlight.

NWC Continues to Work for its Members. On the NWC front, we have a number of things we are working on which you can read in the NWC Spotlight, including but not limited to:

  • NWC Annual Meeting (Sept. 18-20, 2024): Early bird ends July 19
  • Behind the Curtain: Understanding the Water Resources Development Act Bill Writing Process (July 16 at 4pm ET)
  • FEMA’s New Rules on Disaster Assistance ( July 18 at 2pm ET)

Supreme Court Decision limits federal agency rulemaking authority. Be sure to check out the big news in our Judicial Spotlight.

Also, be sure to check out our Member Job Spotlight and Federal Agency Spotlight for more relevant information.

As always, I’m here for any questions, comments, or suggestions you might have. Please feel free to reach out.

Julie Ufner

NWC

MEMBER JOB SPOTLIGHT

GOVERNMENT AFFAIRS MANAGERS WANTED. American Cruise Lines has an opening for two government affairs managers for the Pacific Northwest/Alaska and another for the Mississippi River and Tributaries regions. To learn more, go to the ACL’s job postings here.

 

JUDICIAL SPOTLIGHT

SUPREME COURT LIMITS CHEVRON DEFERENCE ALTERING REGULATORY LANDSCAPE.  On June 28, 2024, the U.S. Supreme Court decided Loper Bright Enterprises et al vs. Raimondo, Secretary of Commerce, et al, which may significantly change how far federal agencies can go to interpret laws and regulations. Under the ruling, federal courts now have less reason to defer to agencies’ interpretations of ambiguous laws, shifting more power back to the judiciary. This decision is poised to reshape the regulatory landscape by curbing the reach of federal agencies, potentially leading to more legal challenges and stricter scrutiny of agency actions. The ruling underscores the importance of clear legislative language and may drive more precise drafting in future laws to avoid ambiguities that agencies could previously interpret under the Chevron deference.

 

CONGRESSIONAL SPOTLIGHT

 OVERVIEW. Congress is currently navigating a fast-paced and hectic period, especially heightened by the upcoming presidential election year. Last week, both chambers were in recess, but they are back in session this week. However, they will be out again next week due to Republican and Democratic caucus meetings. After these meetings, Congress will return for the final two weeks of the month before leaving for the August recess, which will last until September 9. Upon their return, they will have three weeks of session until September 27 before hitting the campaign trail in October. There are mixed expectations about what will be accomplished during this period. The current fiscal year ends on October 1, but none of the 12 appropriations bills have been signed into law yet, making it unlikely they will be completed by then. Consequently, Congress will likely need to pass a continuing resolution to extend the deadline for FY2025 appropriations until after the election. What happens during the lame duck session will largely depend on the election outcomes, influencing how lawmakers approach unresolved legislative matters.

FY2025 APPROPRIATIONS. This week marks significant steps in the FY2025 appropriations process for both the House and Senate. The House Appropriations Committee plans to mark up its final six spending bills, including those for Interior-Environment and Energy-Water, while the Senate Appropriations Committee begins its first FY2025 markup with the Agriculture, Legislative Branch, and Military Construction-Veterans Affairs bills. This is the first time in several years in which the chambers have been working simultaneously to move spending bills. While lawmakers would like to finish appropriations well before the Oct. 1 date when FY2025 begins, there are still numerous disagreements on funding and policy riders. Information about the respective markups this week can be found under the Congressional Hearings and Markups of Interest section of the Spotlight.

Resources:

2024 WATER RESOURCES DEVELOPMENT ACT (WRDA). On June 26, the House Transportation and Infrastructure Committee overwhelmingly approved their version of the Water Resources Development Act of 2024 (HR 8812/WRDA 24) by a vote of 61-2. This bill directs USACE to complete various studies and projects nationwide and includes policy changes for the civil works program. According to the committee, almost 350 House members submitted over 1,900 requests to be included in WRDA 24. The Senate Environment and Public Works Committee previously approved its version of WRDA (S, 4367/Thomas R. Carper Water Resource Development Act of 2024) in May with a unanimous vote of 19-0. The House and Senate WRDA bills are currently waiting for floor action.

FUTURE CONGRESSIONAL HEARINGS AND MARKUPS OF INTEREST:

 

FEDERAL AGENCY SPOTLIGHT

ADMINISTRATION

REGULATORY. Semi-annual Regulatory Report. Administration releases 2024 Unified Agenda. Last week, the Biden Administration released its semi-annual Unified Agenda which lays out the administration’s priorities for the next six months. The 2024 Spring Unified Agenda highlights intended actions by all federal agencies.

Within the U.S. Army Corps of Engineers, the following actions are expected:

The future of these regulatory actions hinges on the election outcome. If Biden wins, his regulatory plans are expected to progress, though they may face challenges from Congress. However, if the presidency flips to a Republican administration, many of these rules are likely to be overturned.

 

BUREAU OF RECLAMATION (Department of the Interior)

CONTRACT ACTIONS. Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions. Notice is hereby given of contractual actions that have been proposed to the Bureau of Reclamation (Reclamation) and are new, discontinued, or completed since the last publication of this notice. This notice is one of a variety of means used to inform the public about proposed contractual actions for capital recovery and management of project resources and facilities consistent with section 9(f) of the Reclamation Project Act of 1939. Additional announcements of individual contract actions may be published in the Federal Register and in newspapers of general circulation in the areas determined by Reclamation to be affected by the proposed action.

 

CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

GUIDE RELEASED. Marine Transportation System Resilience Assessment Guide. The Marine Transportation System Resilience Assessment Guide (MTS Guide) integrates partner agency expertise and experience, available information sources, methodologies, and datasets into a repeatable, step-by-step framework for conducting resilience assessments within the maritime domain. The MTS Guide serves as uniform guidance on assessing the resilience of ports, through advanced methods such as Bayesian Network Analysis.

Resources:

 

DEPARTMENT OF THE STATE

MEETING. Notice of Public Meeting in Preparation for International Maritime Organization Council 132 Meeting ( July 2, 2024). The Department of State will conduct a public meeting at 1:00 p.m. on Tuesday, July 2, 2024, both in person at Coast Guard Headquarters in Washington, DC, and via teleconference. The primary purpose of the meeting is to prepare for the 132nd session of the International Maritime Organization’s (IMO) Council (C 132) to be held in London, United Kingdom from Monday, July 8, 2024, to Friday, July 12, 2024.  Members of the public may participate up to the capacity of the teleconference phone line, which can handle 500 participants or up to the seating capacity of the room if attending in person. The meeting location will be the United States Coast Guard Headquarters, 5PS Conference Room, and the teleconference line will be provided to those who RSVP. To RSVP, participants should contact the meeting coordinator, LT Emily Rowan, by email at Emily.K.Rowan@uscg.mil. LT Rowan will provide access information for in-person and virtual attendance.

 

ENVIRONMENTAL PROTECTION AGENCY

Nominations Requested. Request for Nominations to the Great Lakes Advisory Board (Nominations should be submitted by July 30, 2024). The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates who desire to serve as members of EPA’s Great Lakes Advisory Board (GLAB). The GLAB is chartered to provide advice and recommendations to the EPA Administrator, through the Great Lakes National Program Manager, on matters related to the Great Lakes Restoration Initiative and on domestic matters related to the implementation of the Great Lakes Water Quality Agreement between the U.S. and Canada. For appointment consideration, nominations should be submitted by July 30, 2024. Sources in addition to this Federal Register notice may also be utilized in the solicitation of nominees.

 

FEDERAL EMERGENCY MANAGEMENT AGENCY

PROPOSED RULE/COMMENTS REQUESTED. Update of FEMA’s Public Assistance Regulations (Comments must be submitted by September 3, 2024). The Federal Emergency Management Agency (FEMA, agency, or we) proposes to revise its Public Assistance program regulations to reflect current statutory authorities and implement program improvements. The proposed rule would incorporate changes brought about by amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). FEMA is also proposing clarifications and corrections to improve the efficiency and consistency of the Public Assistance program.

GRANT FUNDING. FEMA Announces $185M in Rehabilitation Allocations of High Hazard Potential Dams. FEMA announced $185 million in allocations for 32 states and one territory to make dams stronger through the agency’s National Dam Safety Program. The funding through the Rehabilitation Of High Hazard Potential Dam (HHPD) Grant Program comes from the Bipartisan Infrastructure Law. The program provides funding for technical, planning, design and construction for rehabilitation of eligible high hazard potential dams. The announcement aligns with the FEMA Year of Resilience theme to help communities build local capacity to withstand tomorrow’s hazards from climate change. Dams are a critical part of the nation’s infrastructure and all Americans enjoy the benefits they provide. However, the nation’s dams are aging and many are deteriorating, while downstream and upstream populations are increasing. Grants through the Rehabilitation of High Hazard Potential Dams program are available to non-federal governments and nonprofits for technical, planning, design and construction assistance to rehabilitate, remove or repair eligible high hazard potential dams. Visit www.FEMA.gov for a breakdown of approximate allocations for states and territories.

WEBINARS. FEMA Hosts Webinars on Updated Public Assistance Program and Policy Guide. FEMA is hosting four webinars to inform stakeholders on updates to Version 5 of the Public Assistance Program and Policy Guide (PAPPG) and encourage participation in the 60-day public comment period that is now open through Aug. 19. The updated guide, which is based on feedback from states, Tribal Nations, territories and nonprofits, simplifies eligibility, streamlines processes, increases accessibility and supports resilience. The public can view and submit comments during the 60-day public comment period via the Federal Register and on www.FEMA.gov. Each webinar is targeted to include Tribal Nations, state, local and territorial partners and private nonprofits, with options for those who prefer to receive information in Spanish. FEMA will host two virtual government-to-government consultations for Tribal Nations on the PAPPG Version 5 in August. A separate Dear Tribal Leader Letter, Framing Paper, and registration information will be released at a later date on FEMA’s Tribal Consultations webpage.

GRANT FUNDING. FEMA announces $1 billion in BRIC funding. On July 2, 2024, FEMA announced 656 selections, totaling $1 billion, for the Fiscal Year 2023 Building Resilient Infrastructure and Communities (BRIC) grant cycle. The project selections will help state, local, tribal and territorial governments become more resilient to climate change and natural disasters, such as extreme heat, wildfires, drought, hurricanes, earthquakes and increased flooding. The top three funded project types are flood control, utility and infrastructure protection and building code-related expenses. The full list and status of each sub application submission is available by state, tribe or territory at www.FEMA.gov.

 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

FUNDING NOTICE. Notice of Matching Fund Opportunity for Ocean and Coastal Mapping and Request for Partnership Proposals (Letter of interest due by October 11, 2024 at 5pm ET). This notice invites non-Federal entities to partner with the ocean and coastal mapping programs of NOAA’s National Ocean Service on jointly-funded projects of mutual interest and establishes selection criteria and submission requirements for such projects under the NOAA Rear Admiral Richard T. Brennan Ocean Mapping Fund program. With this funding opportunity, NOAA will match selected non-Federal partners at a 70:30 NOAA partner ratio for projects totaling up to $1,000,000, and propose to contract for ocean, coastal and/or Great Lakes mapping data. Selected non-Federal partners further benefit from this opportunity by leveraging NOAA’s contracting (NOAA has a pool of pre-qualified technical experts in surveying and mapping) and data management expertise. This ocean and coastal mapping funding opportunity is subject to the availability of funds. Project proposals must be submitted via email to iwgocm.staff@noaa.gov.

DRAFT GUIDANCE/COMMENTS REQUESTED. Notice of Availability of Draft Guidance on Designation of New Regional Ocean Partnerships (Comments are due by July 11, 2024). Under the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA), Coastal States (including Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, and American Samoa), federally-recognized Indian Tribes (including Alaska native villages), and other entities may form new partnerships and apply to the National Oceanic and Atmospheric Administration (NOAA) (as delegated) for designation as a regional ocean partnership. Regional ocean partnerships coordinate the management of ocean, coastal, and Great Lakes resources. NOAA invites public comment on draft guidance on designating new regional ocean partnerships under the NDAA. Copies of the draft designation guidance document may be found on www.regulations.gov


OFFICE OF MANAGEMENT AND BUDGET

TRAINING. Notice of Training Sessions: Effective Participation in Executive Order 12866 Meetings With the Office of Information and Regulatory Affairs (Training sessions will be held on July, 9 2024, at 3 to 3:45 p.m., Eastern Time, and July 16, 2024, at 1 to 1:45 p.m., ET). On July 19, 2023, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) issued a Memorandum, Broadening Public Participation and Community Engagement in the Regulatory Process, providing guidance to agencies on how to promote equitable and meaningful participation by a range of interested and affected parties, including members of underserved communities, during the regulatory process. The Memorandum also established guidance for agencies to implement the Executive Order on Modernizing Regulatory Review’s call for proactive engagement to inform the development of regulatory actions and plans, with a focus on early engagement in agency priority-setting. In developing the Memorandum, OIRA drew on extensive engagement with the public, including four listening sessions and two public comment periods. In the Memorandum, OIRA anticipated organizing a follow-up listening session approximately twelve months from its issuance, to hear from members of the public about implementation of this guidance and opportunities for improvement. OIRA will hold three listening sessions to receive public input on the public’s experience engaging with agency’s rulemaking processes since the Memorandum’s release. For calendar year 2024, OIRA will be holding two virtual sessions to provide training on how to request and how to effectively participate in E.O. 12866 meetings. Information to access the virtual training sessions will be provided upon registration. Members of the public may register by sending an email to publicparticipation@omb.eop.gov , noting the session they would like to attend.

 

U.S. CORPS OF ENGINEERS

FINAL RULE. Civil Monetary Penalty Inflation Adjustment Rule (effective on June 4, 2024). The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Rivers and Harbors Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation. This final rule is effective on June 4, 2024.

MEETING. Inland Waterways Users Board Meeting (Aug. 1, 2024, from 9am—2pm; St. Charles, Mo.).

The Department of the Army is announcing a meeting for the U.S. Army Corps of Engineers Inland Waterways Users Board (Board) which provides independent advice and recommendations to the Secretary of the Army on construction and rehabilitation project investments on the commercial navigation features of the inland waterways system. At this meeting, the Board will receive briefings and presentations regarding the investments, projects, and status of the inland waterways system of the United States and conduct discussions and deliberations on those matters. This meeting is open to the public. For additional information about the Board, please visit the committee’s website.

 

NWC SPOTLIGHT

NWC CONFERENCE. NWC 2024 Annual Meeting: Early Bird Ends July 19. We are thrilled to announce that the National Waterways Conference (NWC) 2024 Annual Meeting will be held in New Orleans from September 18-20, 2024. This event promises to be an invaluable opportunity for networking, learning, and discussing the latest in water resource infrastructure. Don’t miss out on the early bird rates—register by July 19 to secure your spot and enjoy discounted registration fees. For the latest on the schedule, speakers and registration, please visit NWC’s Annual Meeting page.

NWC WEBINAR. Behind the Curtain: Understanding the Water Resources Development Act Bill Writing Process Tuesday, July 16, 2024 at 4pm ET; Zoom link: https://us02web.zoom.us/j/82725797065?pwd=YXhRVWo0ZGpxUXlxMGREQ3FlZTdqZz09).

Join NWC’s Legislative Policy Committee for an exclusive webinar featuring a former Congressional committee staff member who will provide a unique, insider perspective on the intricate process of drafting the Water Resources Development Act (WRDA). This session offers invaluable insights into the legislative journey that proposals undergo, from submission by members to the finalization of the bill. Discover why some proposals are included while others are significantly altered or omitted and learn about the bipartisan cooperation that characterizes the WRDA process. Our expert speaker will shed light on:

  • The behind-the-scenes workflow after proposals are submitted;
  • The criteria and considerations that influence which proposals make it into the final bill;
  • The reasons behind the strong bipartisan alignment of both Democratic and Republican leaders; and
  • Practical strategies to increase the likelihood of your study, project, or policy being included in the bill. Additionally, we will have contributions from other members who have served as committee and Congressional staffers, providing further depth and diverse perspectives on the topic.

This webinar is a must-attend for anyone looking to navigate the complexities of the WRDA process effectively and advocate successfully for water resource projects and policies.

WEBINAR. Understanding FEMA’s New Rules on Disaster Assistance (Thursday, Julie 18, 2024 at 2pm; Registration Required).

Join the National Waterways Conference (NWC) for a vital webinar with FEMA experts on the new rules for the Individual Assistance (IA) Program. These changes significantly impact entities involved in navigation, flood control, water supply, hydropower, ecosystem restoration, and recreation. Understanding the new IA rules is crucial for ensuring timely and adequate support for disaster recovery efforts. By attending, you will gain essential insights to better navigate federal assistance, enhance your disaster preparedness, and ensure your organization can effectively support affected communities and infrastructure in the wake of a federally declared disaster.

Agenda

  • NWC Welcome
  • Elizabeth Asche, Deputy Director for Individual Assistance, FEMA
  • Q&A
  • NWC Closing remarks

Please register at the link below for this meeting:

https://fema.zoomgov.com/meeting/register/vJIsf-2orzgjG-33WFiH_PNjdbAsliC89XA

 

NWC PARTNER SPOTLIGHT

Application deadline for NAFSMA’s Annual Awards for Excellence in Communications and Innovative Water Projects is approaching fast on July 31, 2024! The Excellence in Communications awards program highlights award winning communication and outreach programs and provides examples of successful initiatives highlighting flood awareness, pollution prevention and environmental protection that are being carried out throughout the country. The Innovative Water Project Awards Program recognizes community flood risk and/or stormwater and water quality management projects that accomplish multiple benefits. Award winners will be announced at NAFSMA’s 2024 Flood and Stormwater Management Conference in Colorado Springs, CO – October 27-30, 2024.  Winning entries will be highlighted on a video that can be accessed by other communities.

For more information go to:https://www.nafsma.org/awards-program