NWC FEDERAL SPOTLIGHT (February 5, 2026)

Hello NWC Members,

February has arrived with snow, ice, and bitter cold in Washington, D.C., a reminder that winter is very much still with us. For those of us working in water and waterways, this season brings its own set of challenges, from ice and high flows to infrastructure stress and emergency response. It is also a time when conditions on the ground underscore how closely federal policy, funding, and coordination affect the systems and communities we depend on.

On Capitol Hill, Congress is in the process of wrapping up fiscal year 2026 appropriations. Most funding bills have now been enacted, with the exception of the Department of Homeland Security, which is operating under a short-term continuing resolution. DHS funding has implications for FEMA and the National Flood Insurance Program, among others, and we cover those developments in more detail in the Congressional Spotlight below.

Even as work on fiscal year 2026 continues, attention will soon begin to turn toward fiscal year 2027. While the President’s budget is traditionally released in February, it is now expected later this spring, which will formally kick off the next round of appropriations activity on Capitol Hill.

In advance of those discussions, NWC will host a NWC member-only virtual listening session next Tuesday, February 10, at 2 p.m. EST with Corey Kuipers of the Energy and Water Development Subcommittee within the House Appropriations Committee. Corey has offered to engage directly with NWC members to hear about real-world challenges related to the Energy and Water Development appropriations bill, including issues affecting the U.S. Army Corps of Engineers and the Bureau of Reclamation. This will be a discussion-based session rather than a briefing, and members are encouraged to share with Corey what is working, what is not, and where appropriations-related processes may be creating delays or uncertainty. Members are encouraged to come prepared to share specific examples and experiences.

If you do not have a copy of this calendar invite, please reach out to Julie Ufner (julie@waterways.org).

Behind the scenes, NWC has been working actively on your behalf:

  • WRDA 2026: Advocacy in Motion: NWC has been actively engaged in shaping early discussions around the Water Resources Development Act of 2026. In December, Julie testified before the House Water Resources and Environment Subcommittee of the House Transportation and Infrastructure Committee on potential WRDA 2026 priorities, highlighting member concerns across multiple programs within the U.S. Army Corps of Engineers Civil Works portfolio. As a direct follow-on to that hearing, NWC is currently completing questions for the record for several members of Congress, which are due Friday. A sincere thank you to the members who shared input and perspectives that directly informed this effort. Last week, NWC also participated in a House stakeholder WRDA 2026 listening session alongside other organizations, reiterating the two tracks we are focused on: priorities for WRDA 2026 and implementation of enacted WRDA provisions. In addition, last week Julie spoke at a staff briefing hosted by the Build America Caucus focused on WRDA 2026, continuing NWC’s engagement with congressional offices as the bill development process moves forward.
  • Marking Tab Brown’s Retirement from USACE: Also last week, NWC was privileged to attend the retirement celebration for Mr. Theodore “TAB” Brown, Chief, Programs Integration Division at Headquarters, U.S. Army Corps of Engineers. Mr. Brown served the Corps for many years in senior program integration roles and has been a longtime friend and trusted partner to NWC, consistently engaging with members and supporting thoughtful dialogue around Civil Works programs and priorities. We are grateful for Mr. Brown’s service and his many contributions to the Corps and to the broader water resources community. NWC wishes him all the best in his retirement and in the next stage of his journey, whether within the field or beyond.
  • Building Connections Across the Water/Waterways Resource Infrastructure Community. In January, NWC convened a meeting of the National Water/Waterway Alliance, which was hosted by the Waterways Council, Inc. The Alliance brings together national and regional associations working across the full range of water resources issues, including navigation, flood risk management, water supply, ecosystem restoration, ports, and related infrastructure. The meeting provided an opportunity for organizations to share current priorities and ongoing work across the water resources landscape. These discussions are intended to break down silos among organizations that often engage the same federal agencies, congressional committees, and stakeholders. By better understanding where efforts overlap and where interests align, the Alliance helps expand networks, reduce duplication, and identify opportunities for coordination on shared water resources priorities. Through this discussion, NWC identified several organizations with a shared interest in issues related to data centers and water resources, and NWC will convene a smaller follow-up group next week to focus specifically on those issues.

A quick reminder as well that registration is open for NWC’s Legislative Summit, taking place April 20–22, 2026 in Washington, DC. This year’s Summit will include a new one-day joint meeting with the Pacific Northwest Waterways Association, focused on federal agencies and cross-cutting water resources issues. The agenda continues to take shape, with confirmed participation from federal agencies including EPA, NOAA, and the U.S. Army Corps of Engineers, as well as tentative confirmations from Capitol Hill. The most current agenda, including confirmed speakers, is posted on the Legislative Summit website and is typically updated on a weekly basis. The summit will be held at The Hamilton Hotel, 1001 14th St NW, Washington, DC 20005.

Finally, we want to give members an early heads-up that NWC is evaluating a potential dues increase this year. The Board discussed and approved interim dues language at its December 2025 meeting and asked staff and a task force to update calculations for further Board consideration in the coming months. If approved, the earliest any change would take effect is July 1, 2026, at the start of NWC’s next fiscal year. Because NWC operates on a rolling membership year, updated dues would apply at the time of each member’s renewal, meaning most members would see changes later in the year. We will continue to keep members informed as this work progresses.

As always, thank you for your engagement and support.

Best,

Julie and the NWC Team

CONGRESSIONAL SPOTLIGHT

OVERVIEW.  

Congress has been focused in recent weeks on completing FY2026 appropriations, taking major action to fund most federal agencies through the end of the fiscal year. With the enactment of a consolidated package covering the remaining non-DHS bills, only the Department of Homeland Security (DHS) funding measure remains unresolved and is currently operating under a short-term extension, which has implications for the Federal Emergency Management Agency, National Flood Insurance Program, U.S. Coast Guard, and other programs of interest.

Beyond appropriations, Congress is navigating a busy early-year landscape that includes shifting House margins due to retirements and special elections, early groundwork for FY2027 funding, ongoing development of the Water Resources Development Act of 2026, and continued oversight and hearings on permitting reform, cybersecurity, and federal agency operations. The sections below provide additional detail on these developments and their relevance to the water and waterways community.

House Special Elections and Potential Impact on Vote Margins. The House recently seated a newly elected member, Rep. Christian Menefee (D-Texas), following the death of Rep. Sylvester Turner in March 2024. This brings the current House composition to 218 Republicans and 214 Democrats, with three seats vacant. With those vacancies, Republicans currently hold a one-vote margin on the House floor. Several special elections are scheduled this year to fill the remaining vacant seats. Georgia’s 14th District became vacant following the resignation of Rep. Marjorie Taylor Greene (R-Ga.) on January 5, 2026, with a special election scheduled for March 10, 2026, and a potential runoff on April 7. New Jersey’s 11th District became vacant after Rep. Mikie Sherrill (D-N.J.) resigned on November 20, 2025, and a special election to fill the seat is scheduled for April 16, 2026. California’s 1st District became vacant following the death of Rep. Doug LaMalfa (R-Calif.) on January 6, 2026, with the special election aligned with the June 2, 2026 primary and a general election scheduled for August 4. Based on historical voting patterns, these contests are generally expected to maintain existing party alignment, though any unexpected outcome would immediately affect the House vote margin.

House and Senate Retirements Continue to Grow. U.S. Rep. Barry Loudermilk (R-Ga.) announced this week that he will not seek reelection in November. Loudermilk was first elected to the House in 2014. His decision adds to a growing list of House departures this cycle, driven by a mix of retirements and members pursuing other offices. As of this week, 50 House members have announced they are leaving Congress. Those departures include 15 members running for the Senate, 11 running for governor, one running for state attorney general, and 23 retiring without seeking another office. Of the total, 21 are Democrats and 29 are Republicans. These figures do not include Delegate Eleanor Holmes Norton, the District of Columbia’s nonvoting member, who announced her retirement last week. The volume of departures is expected to continue shaping the House electoral map and committee dynamics heading into the next Congress.

FISCAL YEAR 2026 APPROPRIATIONS. WHERE THINGS STAND. The continuing resolution (CR) that had been funding much of the federal government for fiscal year 2026 expired on January 30, 2026, when Congress did not complete action on all 12 regular appropriations bills. As a result, a partial government shutdown occurred from January 31 through February 3, 2026, affecting agencies that lacked appropriations. This followed earlier appropriations work in which six of the full-year spending bills had already been enacted.

In the final days before the CR expiration, the House passed a consolidated package of appropriations bills that would fund the remaining departments through the end of fiscal year 2026. That package included a Department of Homeland Security (DHS) spending bill but encountered resistance in the Senate due to objections from Senate Democrats over immigration-related enforcement policies tied to DHS funding. As a result, Senate negotiators separated the DHS component from the six-bill package and advanced five appropriations bills covering Defense, Transportation and Housing, Labor and Health and Human Services, State and Foreign Operations, and Financial Services. Along with those five bills, the Senate approved a two-week temporary funding extension for DHS to provide additional time for negotiations on DHS and associated agencies. The House approved this package this week and President Trump signed it into law on Feb. 3, 2026. The DHS extension is currently in effect through February 13, 2026.

DHS Funding Talks Carry Implications for FEMA and NFIP. The National Flood Insurance Program has been reauthorized through September 30, 2026, in the Consolidated Appropriations Act of 2026 through a freestanding authorizing provision. That action restored NFIP’s legal authority after the program briefly lapsed at the end of January. However, while NFIP authorization is now in place, the program and its parent agency, FEMA, are funded through the Department of Homeland Security appropriations bill, which is currently operating under a short-term extension as negotiations continue over unresolved DHS issues, including ICE-related policy provisions.

This distinction between authorization and funding has practical implications. While NFIP’s authorization allows the program to operate, funding uncertainty affects FEMA’s ability to administer NFIP activities on a stable basis. During the recent lapse, NFIP’s authority to issue new flood insurance policies was suspended, and its borrowing authority from the U.S. Treasury was reduced from $30.425 billion to $1 billion. Once that lower cap is reached, claim payments must wait until sufficient premium revenue is collected or additional appropriations are enacted.

The structure is similar, though not identical, to how the Water Resources Development Act functions. WRDA authorizes studies, projects, and policies for the U.S. Army Corps of Engineers, while funding for those activities flows through the annual Energy and Water appropriations bill. In the case of NFIP, authorization has been extended through a separate provision, but funding for program operations remains dependent on the DHS appropriations process.

Negotiations over DHS funding remain complex due to unresolved policy disputes related to Immigration and Customs Enforcement. Those issues are driving the DHS funding timeline and will continue to affect FEMA-administered programs, including NFIP, until a longer-term funding agreement is reached.

Office of Management and Budget Oversight of USACE Civil Works in FY 2026 Appropriations. The Financial Services and General Government appropriations bill included in H.R. 7148, the Consolidated Appropriations Act, 2026, contains several provisions addressing the Office of Management and Budget and how it engages with U.S. Army Corps of Engineers Civil Works projects. This is notable because, under long-standing executive branch practice and Executive Order 12322, OMB has played an active role in reviewing Corps project and study reports before they are transmitted to Congress. In practice, that role has allowed OMB to apply budgetary and policy considerations that can delay, reshape, or effectively stop projects, even after the Corps determines that statutory planning requirements have been met and Congress has signaled support.

In the FY 2026 Financial Services bill (pages 38-39), Congress included a sequence of provisions intended to limit OMB’s authority in this area. The provisions prohibit OMB from modifying non-OMB testimony before appropriations committees, from changing the Corps’ annual work plan submitted to Congress, and from using appropriated funds to evaluate whether Civil Works project or study reports transmitted by the Chief of Engineers comply with planning laws and regulations. The language also limits OMB’s budgetary policy review of water resources matters to 60 days, requires notification to authorizing and appropriations committees when such reviews begin, and provides that if reports are not transmitted within specified timeframes, Congress may assume OMB concurrence and proceed accordingly.

Taken together, the provisions reflect congressional concern about the scope and duration of OMB review of Civil Works matters and its impact on the delivery of authorized projects. While the language does not amend underlying Civil Works statutes or rescind Executive Order 12322, it places firm limits on OMB’s use of appropriated funds and establishes clearer expectations for the timing of reviews. How OMB responds to and implements these provisions, and whether they function as Congress intends, will shape their practical effect on the transmission of Chief of Engineers reports and the advancement of Civil Works projects.

TURNING THE PAGE TO FY 2027 APPROPRIATIONS.  As the appropriations process for FY2026 draws to a close, attention is already shifting to FY2027, which begins on October 1, 2026. The start of a new budget cycle is traditionally marked by the release of the President’s budget, which under statute is due the first Monday in February. In practice, that deadline has not been met for many years. The last time a President released a budget on the first Monday in February was President Bill Clinton, who submitted the fiscal year 2001 budget on February 7, 2000. No subsequent administration, including that of George W. Bush, has met the statutory deadline.

At this point, indications are that the President’s FY2027 budget may be released in March. It remains unclear whether the administration will issue a “skinny” budget outlining high-level priorities followed by a more detailed submission, or release a full budget at the outset. The President’s budget submission formally launches the congressional appropriations process, triggering hearings in which agency officials testify before committees to explain and defend the request. Following those hearings, appropriations subcommittees begin drafting, marking up, and advancing FY2027 funding bills.

WATER RESOURCES DEVELOPMENT ACT OF 2026: STATUS UPDATE. Congress is in the early stages of developing the Water Resources Development Act (WRDA) of 2026, a bipartisan authorization bill that is typically considered on a two-year cycle. WRDA authorizes studies, projects, and policy changes for the U.S. Army Corps of Engineers Civil Works program and represents the first step in a two-step process, with authorized activities subsequently subject to funding decisions through the annual Energy and Water Development appropriations bill.

House and Senate WRDA proposal submission portals are scheduled to close on Friday, February 6, 2026. The House portal was originally scheduled to close earlier and was later extended to align with the Senate timeline. After the portals close, committee staff will compile submissions, eliminate duplicative proposals, and transmit them to the Corps for technical assistance to assess feasibility, policy implications, and consistency with existing authorities. Once that technical feedback is returned, Democratic and Republican committee staff will separately review and vet provisions and begin drafting legislative language. It remains unclear how the Department of War’s recent congressional engagement and communications memo (October 2025) may affect the timing or scope of technical assistance provided by the Corps during this phase of the process.

During this WRDA cycle, attention has focused on the Corps’ 35 percent design standard for projects advancing to a Chief’s Report, a determination made by the Chief of Engineers. At present, only a limited number of Chief’s Reports are nearing completion. Historically, WRDA bills have included a larger number of studies and projects, and it remains an open question how the current project pipeline and design requirements may affect the scope and timing of WRDA 2026 consideration.

LATEST NEWS ON PERMITTING REFORM. On January 28, 2026, the Senate Environment and Public Works Committee held a hearing as part of ongoing efforts to advance federal permitting reform legislation. The hearing focused on statutory and procedural barriers that affect the timing and predictability of federal permitting decisions, including environmental reviews conducted under existing law. Members of both parties expressed support for reforms that could shorten review timelines and clarify coordination among agencies, which can affect the delivery of Corps civil works projects and related infrastructure permitting. Industry, labor, and state energy officials testified on how permitting timelines and interagency reviews influence planning and construction of major projects.

Despite broad acknowledgment of the need for permitting reform, key Democrats on the committee indicated they will not re-engage in formal negotiations on bipartisan permitting legislation until there is clearer assurance from the executive branch that actions taken by agencies will not undermine approved projects. Discussions on permitting reform that had been underway late last year were paused after federal actions halted or delayed construction on several energy projects that already had permits in place. Democrats have said that progress on legislation depends on changes in how the executive branch handles such projects. Republicans on the committee signaled continued interest in moving bipartisan legislation forward. The committee’s next steps are likely to hinge on whether negotiators can reach a working consensus that addresses procedural certainty and assurances about the stability of permitted projects.

SENATE EPW EXAMINES RISING CYBER THREATS TO WATER INFRASTRUCTURE. Members of the Senate Environment and Public Works Committee held a hearing this week examining the growing cybersecurity risks facing water and wastewater systems, with testimony focused on the increasing sophistication of attacks and the disproportionate vulnerability of smaller and rural utilities. Witnesses described a range of threats, including ransomware, data theft, and attempts to interfere with water treatment operations, and noted that advances in artificial intelligence are making cyberattacks easier to launch and harder to detect. Committee members expressed interest in strengthening cybersecurity without imposing one-size-fits-all mandates. Chair Shelley Moore Capito emphasized the need for better data on the scope and severity of incidents, while witnesses underscored gaps affecting smaller utilities, which are not subject to the same cybersecurity assessment requirements that apply to larger systems under the America’s Water Infrastructure Act of 2018. Potential policy options discussed included expanded technical assistance for rural utilities, increased funding, consideration of insurance-based incentives, and building on recent bipartisan legislation to reauthorize EPA resilience funding. Witnesses also pointed to recent cyber incidents attributed to foreign actors as evidence of ongoing vulnerabilities, while noting EPA’s efforts to elevate cybersecurity within the Office of Water as an emerging, but still developing, area of federal support.

CONGRESSIONAL RESEARCH SERVICE: RECENT REPORTS OF INTEREST. The Congressional Research Service (CRS) is a nonpartisan legislative support agency within the Library of Congress that provides confidential policy analysis, legal interpretation, and research to Members of Congress and congressional staff. CRS reports and briefings are designed to support legislative decision-making across a wide range of policy areas.

Below are several recent CRS reports of interest:

RECENT AND UPCOMING CONGRESSIONAL MEETINGS AND HEARINGS OF INTEREST:

  • “Doing More with Less: Deleting Duplicative Programs.” Tuesday, February 10, 2026, at 10:00 AM ET. House Oversight and Government Reform Committee, Subcommittee on Delivering on Government Efficiency. Video Recording Will Be Available.
  • “Oversight Hearing – Potential DHS Shutdown Impacts.” Wednesday, February 11, 2026, at 10:00 AM ET. House Appropriations Committee, Subcommittee on Department of Homeland Security. Video Recording Will Be Available.
  • “Building an AI-Ready America: Safer Workplaces Through Smarter Technology”. Wednesday, February 11, 2026, at 10:15 AM ET. House Education and the Workforce Committee, Subcommittee on Workforce Protections. Video Recording Will Be Available.
  • “Accelerating Progress: U.S. Surface Transportation Research.” Wednesday, February 11, 2026, at 2:00 PM ET. House Science, Space, and Technology Committee, Subcommittee on Research and Technology. Video Recording Will Be Available.
  • “Oversight of FERC: Advancing Affordable and Reliable Energy for all Americans.” Tuesday, February 3, 2026, 10:15 AM ET. House Energy and Commerce Committee, Subcommittee on Energy. Video Recording Available.
  • “Identifying and Addressing Cybersecurity Challenges to Protect America’s Water Infrastructure.” Wednesday, February 4, 2026, 10:00 AM ET. Senate Committee on Environment and Public Works. Video Recording Available.

JUDICIAL SPOTLIGHT

OFFSHORE WIND PROJECTS WIN COURT BATTLES AFTER FEDERAL PAUSE

In the past month, federal courts have overturned every stop-work order the Trump administration issued in December 2025 to halt major offshore wind projects along the East Coast, and all five suspended projects are now cleared to resume construction. The administration’s orders, which cited vague “national security” concerns, were challenged in multiple lawsuits by developers and state officials. Most recently, a federal judge granted a preliminary injunction on February 2, 2026 allowing the Sunrise Wind project off New York’s coast to restart, marking the fifth time a district court has ruled against the administration’s attempts to block offshore wind construction.

The projects affected include Sunrise Wind, Revolution Wind, Empire Wind, Vineyard Wind, and Coastal Virginia Offshore Wind. In each case, judges have found that the government had not provided sufficient justification for the freezes while litigation proceeds. The cumulative rulings now allow construction to continue on these offshore wind farms, several of which are already partially built and are expected to supply significant power to East Coast states in coming years.

FEDERAL GOVERNMENT SPOTLIGHT

ADMINISTRATION

EXECUTIVE ORDER. Continuance of the Federal Emergency Management Review Council. On January 23, 2026, President Trump signed an Executive Order to extend the Federal Emergency Management Review Council to March 15, 2026.  The Federal Emergency Management Review Council was created by President Trump on January 24, 2025, with Executive Order 14180, “Council to Assess the Federal Emergency Management Agency.”  The Executive Order established a council to review FEMA and provide recommendations for agency reform. The council was set to expire on January 24, 2026, but has been extended for an additional two months. The Executive Order did not provide a reason in the Executive Order as to why the Council was extended.

FACT SHEET. White House Outlines Federal Actions on Los Angeles Wildfire Recovery. The White House released a fact sheet outlining actions taken by the administration to address recovery challenges following recent wildfire disasters in the Los Angeles region. The fact sheet describes steps directed at federal agencies to assess barriers to rebuilding and to coordinate assistance where state and local recovery efforts have stalled, including housing reconstruction, infrastructure repair, and permitting processes. The administration indicated that agencies are being directed to focus on debris removal, coordination of disaster assistance, and streamlining federal reviews tied to recovery activities. Wildfire recovery has direct implications for watersheds, flood risk, sediment management, and downstream water infrastructure, particularly as burned areas face increased erosion, debris flows, and water quality challenges during subsequent storm events.

SIGNED INTO LAW. FY2026 Funding for Key Water and Infrastructure Agencies. On Jan. 23, 2026, the President signed H.R. 6938 into law, providing fiscal year 2026 appropriations for a broad set of federal agencies through a consolidated spending measure. The bill includes funding for water and waterway-related agencies across multiple appropriations titles, including the U.S. Army Corps of Engineers and the Bureau of Reclamation under the Energy and Water Development title. H.R. 6938 also provides funding for the National Oceanic and Atmospheric Administration, including coastal, navigation, and ocean programs; the Environmental Protection Agency, including water infrastructure, permitting, and regulatory activities; and the Department of the Interior, which oversees water supply, ecosystem restoration, and related programs. Enactment of H.R. 6938 completes a significant portion of the fiscal year 2026 appropriations process for agencies central to navigation, flood risk management, water supply, ecosystem restoration, and coastal resilience.

FEDERAL WORKFORCE AND AGENCY CAPACITY OUTLOOK.

Federal RIF Moratorium Expires, Legal Framework Shifts. The statutory moratorium that temporarily prohibited federal agencies from initiating reductions-in-force (RIFs) expired on January 30. The moratorium was included in the November funding agreement that ended the most recent government shutdown and barred agencies from issuing RIF notices during that period.

With the expiration of that language, federal agencies are no longer subject to a statutory prohibition on proceeding with layoffs. During 2025, the federal workforce was reduced by approximately 219,000 employees through a combination of RIFs, individual terminations, and voluntary separation programs. Much of that activity paused after the moratorium took effect in late November.

Several RIFs attempted during the moratorium, affecting employees at multiple federal agencies, were temporarily blocked by a federal district court in California. That court ordered a pause through January 30, and the federal government later withdrew its appeal.

Legal Landscape Going Forward. Absent a renewed moratorium or similar statutory language, challenges to future RIFs are expected to rely primarily on existing civil service laws and the Administrative Procedure Act. Courts will assess whether agencies follow required procedures and provide sufficient justification for workforce reductions.

A March 2025 district court ruling held that large-scale agency reorganizations required congressional authorization, but that decision was stayed by the Supreme Court in July. As a result, legal challenges are expected to focus more narrowly on individual agency actions rather than government-wide restructuring directives.

Interaction With Funding and Appropriations. If federal funding were to lapse again, RIFs could face additional legal obstacles. Courts have previously found that agencies cannot incur new financial obligations, such as severance payments, during a shutdown, which can limit the government’s ability to carry out layoffs during that period. Once funding is restored, courts typically review RIFs on a case-by-case basis. Some appropriations bills included language directing agencies to maintain adequate staffing levels. Attorneys have indicated that such provisions could factor into future legal challenges, depending on how courts interpret legislative intent and agency implementation.

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BUREAU OF RECLAMATION

INTEREST DISCOUNT RATE. Change in Discount Rate for Federal Water Resources Planning.

The U.S. Bureau of Reclamation has announced the interest discount rate that federal agencies must use in planning and evaluating water resources and related land projects for fiscal year 2026. For the period from October 1, 2025 through September 30, 2026, the discount rate is set at 3.25 percent, up from 3.00 percent in the prior fiscal year. Although issued by the Bureau of Reclamation, the rate applies to all federal agencies engaged in water resources planning activities, including the U.S. Army Corps of Engineers. The discount rate is used in benefit cost analyses during feasibility and planning studies to convert future project benefits and costs into present-value terms. Changes in the rate can affect whether a project meets federal economic justification requirements and can influence the comparative performance of project alternatives, particularly for projects with long-term benefits such as flood risk management, navigation, water supply, and ecosystem restoration. The rate applies to planning-level economic evaluations and does not affect project funding, cost-sharing, or construction financing decisions.

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COUNCIL ON ENVIRONMENTAL QUALITY

DEMOS. CEQ Pilot Launches Digital Tool to Speed Federal Environmental Reviews.

The White House Council on Environmental Quality announced the launch of CE Works, a pilot technology platform developed under its Permitting Innovation Center to assist federal agencies in managing categorical exclusion determinations under the National Environmental Policy Act. The platform is designed to digitize aspects of the environmental review process, allowing agency staff to select applicable categorical exclusions, collaborate internally, route determinations for approval, and generate records for publication. CE Works was developed in coordination with the General Services Administration’s Technology Transformation Services pursuant to the Permitting Technology Action Plan. The Bureau of Land Management’s Moab Field Office is the first to participate in field testing, with additional agency collaborations expected in coming months.

GUIDANCE. CEQ Issues Guidance on Emergencies and NEPA.

On January 21, 2026, the White House Council on Environmental Quality (CEQ) issued guidance clarifying how federal agencies should comply with the National Environmental Policy Act when undertaking actions in response to emergency circumstances. The guidance addresses situations such as natural disasters, infrastructure failures, public health emergencies, threats to life or property, and other urgent conditions requiring immediate federal action. It outlines how agencies may use existing NEPA authorities, including alternative arrangements, to proceed with emergency actions while still considering environmental effects and documenting decision-making. The guidance is intended to promote consistency across agencies, clarify procedural expectations during emergencies, and support timely federal responses without waiving NEPA requirements.

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DEPARTMENT OF TRANSPORTATION

COMMENTS REQUESTED. DOT Requests Input on National Transportation Digital Infrastructure Strategy. (Comments due March 6, 2026.)

The U.S. Department of Transportation, through its Office of the Assistant Secretary for Research and Technology, issued a request for information (RFI) to gather public and stakeholder input on research and development priorities for establishing a national strategy for Transportation Digital Infrastructure (TDI). The notice seeks information from industry, technology developers, state, local, and tribal transportation agencies, researchers, and other stakeholders on the types of research, tools, data standards, cybersecurity considerations, and interoperable solutions needed to modernize transportation systems through digital infrastructure deployment at scale. Responses to the RFI will help inform DOT’s coordinated strategy for developing and deploying TDI across all modes of transportation.

The RFI includes questions on potential challenges and opportunities related to digital infrastructure research, data integration, cybersecurity, alignment with federal data strategies, consideration of operational and information technology threats, and how legacy data sources could contribute to a national data exchange environment. Confidential business information is not protected under this RFI, and submissions cannot be claimed as confidential.

PUBLIC WEBINAR ANNOUNCEMENT. Best Practices Webinar Series Presented by the National Center of Excellence for Liquefied Natural Gas Safety. (Occurs monthly, registration required.)

The National Center of Excellence for Liquefied Natural Gas Safety (National LNG Center) is hosting a series of free, virtual webinars on best practices for LNG safety called, “Prioritizing Safety: Best Practices in LNG.”  The meetings will be held monthly on Zoom and will be around an hour long and recorded. The first webinar will be in February 2026 and will be announced and posted as they come. Recordings and transcripts will be provided on the PHMSA Public Meetings Page. PHMSA recommends those interested to receive notifications about the webinar dates here.

REMINDER: NOTICE OF FUNDING. FY 2026 Better Utilizing Investments to Leverage Development (BUILD) Grants Available. (Applications February 24, 2026, 5 PM ET.) The U.S. Department of Transportation has released a Notice of Funding Opportunity for fiscal year 2026 for Better Utilizing Investments to Leverage Development (BUILD) grants under the National Infrastructure Investments program. Applications are due by 5:00 PM EST on February 24, 2026. BUILD grants are competitive discretionary grants that support planning and construction of surface transportation infrastructure projects with local or regional significance. Eligible projects span a wide range of transportation modes and objectives, including roadway, bridge, rail, transit, port, and intermodal facilities. Projects may also incorporate resilience, flood risk reduction, and environmental sustainability elements when they are tied to transportation infrastructure. Examples of eligible projects include port and freight facility improvements, multimodal connections, bridge replacements, roadway elevation or relocation in flood prone areas, transportation access to water supply or wastewater facilities, and infrastructure designed to improve system resilience to flooding and extreme weather. While BUILD does not fund standalone flood control or water supply projects, transportation components that support these broader objectives may be eligible. For fiscal year 2026, approximately $1.5 billion is available nationwide, with a maximum award of $25 million per project. The Department anticipates making approximately 100 awards. Eligible applicants include states, local governments, transit agencies, port authorities, and other public entities. BUILD grants have supported a diverse set of projects, including port and waterway related infrastructure, flood resilient transportation assets, and multimodal connections serving water dependent communities. As such, the program may be relevant to NWC members working across navigation, flood risk management, water supply, and integrated water resources infrastructure.

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ENVIRONMENTAL PROTECTION AGENCY (EPA)

COMMENTS REQUESTED. EPA Seeks Comment on Fluoride Science Review. (comments due February 27, 2026.)

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on January 28, 2026, releasing its Review of Science on Fluoride in Drinking Water: Preliminary Assessment Plan and Literature Survey for public comment. This document outlines the agency’s planned approach to developing a comprehensive human health toxicity assessment of fluoride in drinking water and summarizes initial scientific literature identified as relevant to that assessment. It does not draw conclusions about health effects or establish exposure limits. The planned toxicity assessment, once developed, is intended to inform future decisions about potential revisions to the fluoride drinking water standard under the Safe Drinking Water Act. Written public comments on the plan are being accepted through February 27, 2026.

UPCOMING PROPOSED RULE. EPA FOIA Environmental Justice Provision Proposed for Removal.

EPA is proposing to rescind an environmental justice provision in its Freedom of Information Act regulations that expedited certain public records requests and waived associated fees. The provision, finalized in 2023, allowed expedited processing for requests tied to an environmental justice-related need that could inform affected communities. According to the public notice, published in the Federal Register on January 27, 2026 (91 Fed. Reg. 3407), the proposed change would remove those EJ-specific expedited processing criteria from EPA’s FOIA rules. EPA stated the change is intended to align its FOIA regulations with government-wide policy and improve efficiency. The agency cited staff time, cost considerations, and low approval rates for expedited environmental justice requests as reasons for the proposal. The change would not affect expedited processing for requests demonstrating a “compelling need,” such as threats to life or safety, nor would it eliminate the ability to seek fee waivers under existing FOIA regulations. EPA is seeking public comment, including input on how the change may affect access to records. Written comments on this proposal will be accepted on or before February 26, 2026.

WEBINAR. Educational Grant Notice of Funding Webinar. (Webinar on February 5, 2026, at 1:00 PM ET. No registration required.)

EPA’s Environmental Education and Stewardship division is hosting a webinar at 1:00 PM ET on Thursday, February 5, 2026, to provide a general overview of the application process, how to write a competitive application, and to answer commonly asked questions.  There is no registration for the webinar, and those interested in joining the webinar can do so here. A recording of the webinar will be published on the EPA website here.

GRANT OPPORTUNITY. EPA Seeks Applicants for Environmental Education Grants. (Applications due by March 3, 2026.)

EPA announced the availability of $3.2 million in funding through its Environmental Education (EE) Grant Program to support locally and regionally focused education initiatives. EPA expects to award up to 16 grants nationwide, ranging from $200,000 to $250,000 each. The EE Grant Program supports hands-on projects that help communities better understand environmental challenges and take practical, informed actions to address them. Funded projects are expected to emphasize modern tools and approaches, including the use of artificial intelligence, to identify environmental issues early, monitor water quality, and help prevent contamination before it affects public health and local resources. These grants may be relevant to ports, flood control and levee districts, water supply entities, drinking water and wastewater utilities, water reuse programs, hydropower producers, and ecosystem restoration and recreation interests. Projects that focus on water quality monitoring, watershed education, flood risk awareness, infrastructure resilience, or community engagement around water resources align closely with the missions of many NWC members and their non-federal sponsor partners. Eligible applicants typically include state, local, Tribal, and special district governments; public agencies; and other eligible nonprofit or educational organizations. Partnerships between public entities and educational or community organizations are often encouraged, particularly where projects address region-specific water and environmental challenges.

NOMINATIONS REQUEST. Farm, Ranch, and Rural Communities Advisory Committee Seeking Nomination Requests. (Nominations due March 2, 2026, 5:00 PM ET.)

EPA’s Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) is seeking nominations for those interested to serve on the FRRCC board for the 2025-2027 cycle.  Qualified candidates must be actively engaged in farming, have previous leadership experience, a background in agriculture and environmental issues, and have a familiarity with agricultural business and shipping. Those interested in being nominated must submit a one-page statement detailing their interest in the FRRCC, the groups they’d be representing, previous federal advisory committee experience, and how they learned about the opportunity.  In addition to the statement, potential nominees must also provide a resume or CV (limit five pages) detailing their experience and qualifications for the position. Applications must be sent by March 2, 2026, at 5:00 PM ET to FRRCC@epa.gov with “FRRCC Membership 2025-2027″ within the subject line.

PROPOSED RULE. National Primary Drinking Water Regulation for Perchlorate. (Comments due March 9, 2026, 5:00 PM ET.)

The EPA is proposing a National Primary Drinking Water Regulation (NPDWR) for perchlorate and a health-based Maximum Contaminant Level Goal (MCLG) under the Safe Drinking Water Act (SDWA).  The EPA is also proposing requirements for water systems to monitor perchlorate in drinking water and to take action if the level exceeds the maximum containment level. The regulation includes notifying the public through notifications and consumer confidence reports. Those looking to submit comments can do so to https://www.reglations.gov under Docket ID No. EPA-HQ-OW-2024-0592.  Comments are due on March 9, 2026, at 5:00 PM ET.

PROPOSED RULE. Revising Existing Clean Water Act Section 401 Certifications. (Comments due Tuesday, February 17, 2026, 5:00 PM ET.)

On January 13, 2026, the EPA announced a proposed rule to revise the existing Section 401 water quality certification regulations. The proposed rule is to update and clarify several substantive and procedural requirements of the Clean Water Act Section 401. Those looking to submit comments on the proposed rule can submit them to https://www.regulations.gov under Docket ID No. EPA-HQ-OW-2025-2929. Comments must be submitted on or before Tuesday, February 17, 2026, at 5:00 PM ET.

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FEDERAL EMERGENCY MANAGEMENT AGENCY

EXTENSION OF COMMENTS. FEMA Requests Public Comment on Urban Search and Rescue Data Collection. (Comments due March 2, 2026.)

The Federal Emergency Management Agency (FEMA) published a notice seeking public comment on an extension, with revision, of an existing information collection for the National Urban Search and Rescue Response System under the Paperwork Reduction Act of 1995. The proposal would extend and revise the current collection of programmatic and administrative information from the 28 sponsoring agencies that participate in the Urban Search and Rescue system, including narrative statements, progress reports, amendment requests, and justifications for vehicle purchases. The information supports cooperative agreement awards related to readiness and response activities authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

The notice includes estimates of the burden and costs associated with the information collection, including an estimated 98 respondents, 154 total responses, about 308 annual burden hours, and total annual costs to respondents of roughly $20,048. It also provides an estimated annual cost to the federal government of about $141,873. Members of the public may submit written comments on the proposal through March 2, 2026, to help evaluate the need, utility, and burden of the collection, and to suggest ways to improve the quality and clarity of the information gathered.

NEWS. FEMA Faces Major Workforce Reductions as Trump Administration Reshapes Federal Emergency Response.

FEMA managers told staff in mid-January that thousands of employees whose contracts expire this year will not be renewed, resulting in significant job losses across the agency’s disaster response workforce. These cuts come amid broader reductions in FEMA’s staffing and contract roles under the Trump administration, part of efforts to shrink or reorganize the agency’s role in emergency management. Critics argue that losing large numbers of experienced responders could weaken the nation’s ability to respond to future disasters and leave states and localities scrambling for capacity. Agency officials downplay the scale of cuts, characterizing some moves as routine workforce adjustments, even as lawmakers and former FEMA leaders warn such reductions risk hampering readiness and contradict statutory requirements meant to ensure federal disaster response capabilities.

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GOVERNMENT ACCOUNTABILITY OFFICE

RELEASED REPORTS. GAO Releases Several Reports of Interest.

The Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress by auditing federal programs and evaluating how taxpayer dollars are spent. GAO provides oversight, investigations, and recommendations to help Congress improve government efficiency, effectiveness, and accountability. The following section highlights several reports released in the last month that are relevant to water resources and waterways issues:

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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

PUBLIC MEETING. NOAA Announces Sea Grant Advisory Board Public Meeting. (Feb. 24-26, 2026, in-person/virtual.)

The National Sea Grant Advisory Board will hold a public meeting on February 24–26, 2026, to advise NOAA on the National Sea Grant College Program, according to a notice published in the Federal Register. The meeting will include discussions on program evaluation, strategic planning, education and workforce development, extension activities, and science and technology priorities affecting coastal and Great Lakes communities. The National Sea Grant College Program supports applied research, education, and outreach on coastal resilience, navigation, fisheries, ecosystem restoration, and water-dependent economies. The meeting will be open to the public, with opportunities for public comment, and will be held in a hybrid format with both in-person and virtual participation options.

PUBLIC MEETING. NOAA National Science Advisory Board (SAB) Meeting Rescheduled. (March 10-11, 2026, 9:00-5:00 PM ET, Virtual and In-Person Attendance.)

The NOAA National Science Advisory Board (SAB) is hosting a meeting on March 10-11, 2026, from 9:00 AM to 5:00 PM ET to discuss issues outlined on the agenda. The new meeting is a response to the originally scheduled SAB meeting from November 5-6, 2025. The meeting will go over a Consent Calendar for approval of Working Groups Membership and Terms of References, Working group reports for approval and submission, NOAA Science Updates and responses to previous reports, and Working Group updates. The March 10-11, 2026, meeting will take place at the NOAA Center for Weather and Climate Prediction (NCWCP) Conference Center, 5830 University Research Court, College Park, MD 20740. The link for the webinar registration will be posted, when available, on the SAB website: https://sab.noaa.gov/ current-meetings/.

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STATE DEPARTMENT

PUBLIC MEETING NOTICE. Public Meeting to Prepare for the International Maritime Organization HTW 12 Session. (Meeting, 10:00 AM ET, Wednesday, February 11, 2026.  Deadline to Register: Thursday, February 5, 2026.)

The State Department is hosting a public teleconference meeting on Wednesday, February 11, 2026, at 10:00 AM ET to prepare for the 12th session of the International Maritime Organization’s Subcommittee on Human Element, Training, and Watchkeeping that will take place from February 23-27, 2026, in the United Kingdom. Those looking to join the meeting must contact the meeting coordinator, Mrs. Megan Johns Henry, at megan.c.johns@uscg.mil or by calling (571)-610-3303 by 5:00 PM ET Thursday, February 5, 2026.  Any requests made after February 5 will be considered but might not be possible to fulfill.

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U.S. ARMY CORPS OF ENGINEERS

FINAL ACTION. Reissuance and Modification of Nationwide Permits. (Effective March 15, 2026.)

The U.S. Army Corps of Engineers has reissued 56 existing nationwide permits (NWPs), general conditions, and definitions with some modifications.  The Corps is also issuing one completely new NWP.  The 57 new NWPs will go into effect on March 15, 2026, and will expire on March 15, 2031.  NWPs authorize activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 which have minimal individual and cumulative impacts on the environment. Those looking for the list of the 57 finalized NWPs can do so here.