NWC FEDERAL SPOTLIGHT

October 12, 2021 edition

 Happy National Farmers Day NWC members—

I hope everyone had a long, joyous weekend before heading back to work this week. As you are coming back, so is the House of Representatives today for a rare recess-week vote on the debt ceiling. Otherwise, we have a shorter Federal Spotlight for you this week. The largest item of potential interest–FEMA’s request for information on adding Endangered Species Act considerations to the National Flood Insurance Program. This was an issue that Molly Lawrence, Partner, Van Ness Feldman flagged for us several weeks ago at NWC’s 2021 Annual Meeting (click here to view her presentation) which may have significant implications for communities. Otherwise, below are several items of potential interest to NWC members.

Quick links:

  • Federal Agency Corner
    • Request for Information of the National Flood Insurance Program’s Floodplain Management Standards for Land Management and Use, and an Assessment of the Program’s Impact on Threatened and Endangered Species and Their Habitats
    • EPA’s Local Government Advisory Committee (LGAC) and Small Communities Advisory Committee (SCAC) Meeting
    • National Environmental Policy Act Implementing Regulations Revisions
  • Upcoming NWC Caucus Meetings
    • NWC Navigation Caucus Meeting: Tuesday, October 12 at 2pm
    • NWC Flood Control Caucus Meeting: Tuesday, October 12 at 4pm ET
    • NWC Water Supply Caucus Meeting: Friday, October 15 at 2pm ET

As always, if you have any questions, please do not hesitate to reach out to me. Thank you again for your support of NWC!

CAPITOL HILL HAPPENINGS: The Senate is out this week for Columbus Day recess. The House of Representatives is returning to DC today for a rare recess vote to extend the nation’s borrowing authority by $480 billion until at least December 3. Once the Temporary Extension of Public Debt Limit (Senate Amendment to the House Amendment to S. 1301) is passed, it will head to the President’s desk for signature.

Earlier in the month, the Treasury Secretary warmed that the U.S. would hit its debt ceiling on October 18. The challenge? The expiration ends on December 3, the same date that the current Continuing Resolution to fund the federal government ends.

Concurrently, both the House and Senate continue to work through issues tied to the $1 billion bipartisan infrastructure bill passed by the Senate and the $3.5 billion reconciliation bill (also being called a social spending/human infrastructure package). Both bills were  to be voted on in the House earlier this month but ran into snags. House Speaker Pelosi has dealt with pushback from members who were concerned if the bipartisan bill passes, it may kill momentum for the $3.5 trillion package.

In a note to her members today, Pelosi wrote: “Overwhelmingly, the guidance I am receiving from Members is to do fewer things well so that we can still have a transformative impact on families in the workplace and responsibly address the climate crisis,” which gives a sense of Democratic priorities in the reconciliation bill.

In the Senate, Majority Leader Schumer is also dealing with pushback on the size of the reconciliation package. While the goal is to complete both bills by the end of October, it is looking more likely that the debate may be pushed into November or beyond and may intersect with the FY2021 appropriations and debt ceiling negotiations in December.

Upcoming Capitol Hill hearings of interest:

  • HEARING: The Future of Forecasting: Building a Weather-Ready Nation on All Fronts (Thursday, October 14, 2021 at 11am ET) before the House Science, Space and Technology Committee. To learn more, click here.
  • HEARING: Investing in American Jobs: Legislation to Strengthen Manufacturing and Competitiveness (Thursday, October 14, 2021 at 12:00pm ET) before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce. To learn more, click here.
  • HEARING: Zoned Out: Examining the Impact of Exclusionary Zoning on People, Resources, and Opportunity (Friday, October 15 at 12:00pm ET) before the House Financial Services Committee. To learn more, click here.
  • HEARING: Examining Evaluating the Federal Response to the Persistence and Impacts of PFAS Chemicals on our Environment (Wednesday, October 20, 2021 at 10am ET) before the Senate Environment and Public Works Committee. More details to come.

FEDERAL AGENCY CORNER

FEMA SEEKING COMMENTS: Request for Information of the National Flood Insurance Program’s Floodplain Management Standards for Land Management and Use, and an Assessment of the Program’s Impact on Threatened and Endangered Species and Their Habitats (Comments Due December 13, 2021). On October 9, the Federal Emergency Management Agency (FEMA) posted this request for information (RFI) in the Federal Register. The National Flood Insurance Program (NFIP) was created in 1968 to provide flood insurance to properties in flood zones. By opting into NFIP, communities agree to set minimum standards through zoning, ordinances and/or building codes to lessen flooding risk. FEMA issued this RFI for two reasons. First, in January 2021, the Association of State Floodplain Managers and the Natural Resources Defense Council asked FEMA to update and strengthen their current NFIP base standards. FEMA asks comments on the agency’s current floodplain management standards. Additionally, and more complex, FEMA is also considering whether to expand its list of minimum required standards for communities to encompass Endangered Species Act considerations.

FEMA has asked that the comments include the following: identify, with specificity, appropriate minimum floodplain management standards and/or measures for increased flood risk reduction; appropriate measures the agency can take to promote the conservation of threatened and endangered species (T&E) and their habitats; provide specific data that documents the costs, burdens, and benefits of existing requirements to the extent they are available; and provide data to support the arguments.

In the Federal Register notice, FEMA includes a list of 18 questions they would like answered including: Should the terms “substantial damage” and “substantial improvement continue to be used; should FEMA set higher freeboard (feet above base elevation) building requirements; should FEMA develop higher minimum floodplain standards for structures and facilities that perform critical actions (chemical/manufacturing, hospitals/nursing homes, data storage and emergency operation centers, and generating plants/principal points of utility lines); expanding NFIP coverage to areas adjacent to special flood hazard areas; how to handle repetitive loss properties; how can FEMA incorporate and prioritize T&E considerations into the NFIP program/what would be the potential impact on participating NFIP communities; and how can FEMA increase participating in NFIP.

FEMA is accepting comments until December 13, 2021. You may submit comments, identified by Docket ID: FEMA-2021-0024, through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

EPA MEETING: EPA’s Local Government Advisory Committee (LGAC) and Small Communities Advisory Committee (SCAC) Meeting (Friday, October 15 from 12:00pm—4:30pm ET). LGAC and SCAC are comprised primarily of state, local and tribal government officials who advise the EPA administrator on the impact of current and pending rules and regulations. During this meeting, EPA will share its vision for the agency over the next several years, including “providing clean and safe water to all, safeguarding and revitalizing communities, addressing climate change, advancing environmental justice, and ensuring the safety of chemicals for people and the environment.” LGAC and SCAS members will discuss workgroups and future plans to address EPA’s priorities. All interested persons are invited to attend and participate. Members of the public who wish to learn more or to participate should register through the LGAC website at https://www.epa.gov/ocir/local-government-advisory-committee-lgac.

CEQ SEEKING COMMENTS. National Environmental Policy Act Implementing Regulations Revisions (Comments due November 22, 2021). On October 7, the White House’s Council on Environmental Quality (CEQ) published a notice of proposed rulemaking on National Environmental Policy Act Implementing Regulations Revisions in the Federal Register. To read the proposal, click here.

UPCOMING NWC CAUCUS MEETINGS

NWC’s Navigation Caucus will hold Quarterly Meetings on the 2nd Tuesday of the month at 2pm ET. The next Navigation Caucus Meeting is scheduled for Tuesday, October 12 at 2pm ET. During this meeting, the caucus will discuss potential WRDA 2022 priorities as well as a general statement of philosophy for the caucus. A calendar invite with zoom link has been sent out to the caucus. If you are interested in serving on this caucus, please let Julie Ufner, NWC President and CEO, know and she will add you to the membership list.

NWC’s Flood Control Caucus will meet next on Tuesday, October 12 at 4pm ET. During this meeting, the caucus will discuss potential WRDA 2022 priorities as well as a general statement of philosophy for the caucus. A calendar invite has been sent out to caucus members.

NWC’s Water Supply Caucus will hold Quarterly Meetings on the 3rd Friday of the month at 2pm ET. The next Water Supply Caucus meeting is scheduled for Friday, October 15 at 2pm ET. A calendar invite has been sent to members.

WATER AND WATERWAY EVENTS

NWC members, do you have a meeting, conference, webinar or other type of education session coming up that you want NWC members to know about?

If so, send Julie Ufner, NWC President, a quick email (Subject Line: Upcoming Waterways Events for NWC) with the following: Date (and time, if applicable), Name of event, who is sponsoring it, its purpose and the website where more information can be found. We can keep a running list of them here, as well as list them on the NWC website.

Thanks all!