NWC Federal Spotlight (May 23, 2022)

Good morning NWC members,

We have lots of news for you so hold onto your hats! One of the largest? The House Transportation and Infrastructure Committee passed their version of the Water Resources Development Act out of committee last week. It now moves to the House floor for a vote (more below) which means that Congress is in position potentially pass a WRDA bill early.

On another bit of news, the U.S. Army Corps of Engineers will release their FY2022 USACE work plan “soon,” likely this week. The work plan is current at the ASA’s office and is going through final checks. Check out this page periodically for the latest under “Work Plan.” While you are there, check out the “Civil Works Direct Program Development Policy Guidance,” which lays out the agency’s plan for the president’s FY2024 budget and FY2023 allocations.

From the NWC front, we are excited to announce the date for the next NWC Regional Spotlight (Texas) for August 31, 2022. A huge thanks to NWC members, Texas Water Conservation Association, for partnering with us on this, and the Trinity River Authority, for donating the space. More information, including registration and sponsorship opportunities, will be released soon.

Moreover, as many of you know, a long-time NWC friend, Blake Roderick, Executive Director of the Pike-Scott Farm Bureau recently retired. Please see a nice article about Roderick’s years of service here.

Last, but not least, a shout out to our newest member, Gauge Engineering! Read more about them below and please reach out to say “hi.”

As always, if you have any questions, please let us know.

Best, Julie

NEW MEMBER SPOTLIGHT

 Please join NWC in welcoming our newest member, Gauge Engineering!

 About Gauge Engineering: Gauge Engineering is a full-service, certified small business, Houston-based engineering firm that specializes in providing engineering planning, design and construction management services to their public sector clients. Their core services include transportation and water resources. Gauge was co-founded by Derek St. John, PE, CFM, and Muhammad Ali, PE, ENV SP, both with a proven track record of successfully delivering challenging infrastructure projects for public agencies throughout the state of Texas. The Gauge team comprises more than thirty engineers, planners, and design technicians fully capable of leading and delivering complex assignments and initiatives. The strength of the team is a combination of their keen attention to detail and long-standing client relationships founded on trust and mutual respect. This unique personal connection with clients has led to well-established professional and personal relationships.

CONGRESSIONAL SPOTLIGHT

 OVERVIEW. The U.S. Senate is in this week for votes and the U.S. House of Representatives  has no votes but committee hearings are scheduled. Both chambers will be out next week for Memorial Day recess. Last week, the House passed legislation to address gasoline and oil price gouging. The Senate worked on a $40.1 billion Ukraine package, as well as nominations. This week the Senate continues their work on judicial and agency nominations, and later in the week they are expected to act on domestic terrorism and price gouging bills passed earlier by the House. Also potentially on deck is an emergency funding bill to address the infant formula shortage.

Moving forward, doubts are increasing on whether Congress can move a $10 billion COVID-19 emergency funding package after the measure got tied up in an immigration-related debate. Also on Congress’s horizon, how to address ongoing supply chain challenges, especially in light of ongoing baby formula shortages.

WRDA 2022 MOVES CLOSER TO HOUSE FLOOR. On May 18, the House Transportation and Infrastructure Committee (T&I) approved their version of the biennial Water Resources Development Act of 2022 (WRDA 2022) by voice vote. Over a period of five-hours, dozens of amendments were filed, and most were withdrawn after T&I Chair Peter DeFazio (D-Ore.) committed to working with the authors to address underlying issues. The bill includes 72 new feasibility studies, 8 studies to modify projects, and construction authorization for 16 projects. Yesterday, Chairman DeFazio indicated that the House would vote on T&I’s WRDA bill this June. While the House bill is similar to the Senate bill, passed by the Environment and Public Works Committee earlier this month, the bills are not identical.

  • To read the House bill, click here.
  • To read the Senate bill, click here.
  • To see NWC’s high level section-by-section analysis for the House WRDA bill, click here.
  • To see NWC’s section-by-section analysis for the Senate bill, click here.

Capitol Hill Hearings of Interest:

  • HEARING. FISCAL YEAR 2023 MEMBER DAY (LABOR) (Tuesday, May 24, 2022). The Department of Labor, Health and Human Services, Education, and Related Agencies Subcommittee (House Appropriations) will hold a member day on May 24 to examine member priorities within the FY2023 Labor, Health and Human Services, Education and Related Agencies appropriations bill. To learn more, click here.
  • HEARING. FISCAL YEAR 2023 MEMBER DAY (TRANSPORTATION/HUD) (Wednesday, May 25, 2022, at 10am ET). The Transportation, and Housing and Urban Development Subcommittee (House Appropriations) will hold a member day on May 25 to hear about members priories in the FY 2023 T-HUD bill. To learn more, click here.
  • HEARING. HEARINGS TO examine proposed budget estimates and justification for fiscal year 2023 for the Department of the Interior (Wednesday, May 25, 2022, at 10am ET). The Department of the Interior, Environment and Related Agencies Subcommittee (Senate Appropriations will hold a hearing on budget estimates and justifications for FY2023 Interior proposed budget. To learn more, click here.
  • HEARING. FISCAL YEAR 2023 MEMBER DAY HEARING (ENERGY AND WATER) (Wednesday, May 25, 2022, at 11am ET). The Energy and Water Development Subcommittee (House Appropriations) will hold a member day on May 25 to allow members to share their priorities in the FY 2023 Energy and Water appropriations bill. To learn more or to watch, click here.
  • HEARING.  Fiscal Year 2023 Budget Request for the Federal Emergency Management Agency (Wednesday, May 25, 2022, at 11am ET). The Department of Homeland Security Subcommittee (House Appropriations) will hold a hearing on the president’s FY2023 budget request for FEMA. To learn more, click here.
  • HEARING. Reauthorization and Reform of the National Flood Insurance Program (Wednesday, May 25, 2022, at 12pm ET). To learn more, click here.
  • HEARING. EXAMINE SUPPLY CHAIN RESILIENCY, FOCUSING ON ALLEVIATING BACKLOOGS AND STRENGTHENING LONG-TERM SECURITY (Wednesday, May 25, 2022, at 3pm ET). The Senate Finance Committee’s International Trade, Customs, and Global Competitiveness Subcommittee will hold a hearing on supply chain issues. To learn more, click here.
  • HEARING. FY23 MEMBER DAY FOR THE SUBCOMMITTEE (AGRICULTURE) (Wednesday, May 25 at 3:30pm ET). The House Committee on Agriculture’s Subcommittee on Agriculture will hold a FY2023 member day on priorities within the agriculture appropriations bill. To learn more, click here.
  • HEARING. The Congressional Budget Office’s Budget and Economic Outlook (Thursday, May 26 at 11am ET). The House Committee on the Budget will hold a hearing on the Congressional Budget Office’s budget, as well as the nation’s economic outlook on Thursday. To watch the hearing, click here.

FEDERAL SPOTLIGHT

 DOT. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM (Deadline Sept. 15, 2022, at 5pm ET). On May 16, 2022, the U.S. Department of Transportation (DOT) released its $1b funding notice for its Safe Streets and Roads for All (SS4A) grant program. Under the program, eligible applicants (which include cities, townships, counties, special districts, and tribes) can apply for $200k–$50m in funding to “support planning, infrastructure, behavioral, and operational initiatives to prevent death and serious injury on roads and streets involving all roadway users, including pedestrians; bicyclists; public transportation, personal conveyance, and micromobility users; motorists; and commercial vehicle operators.” To learn more, click here.

DOT/MARAD. FUNDING AVAILABLE FOR PORT INFRASTRUCTURE DEVELOPMENT PROGRAM. On May 9, the DOT’s Maritime Administration (MARAD) announced that up to $684.3 million is now available for Port Infrastructure Development Program (PIDP) grants, to be awarded on a competitive basis to projects that improve the safety, efficiency, and reliability of the movement of goods into, out of, around, or within a port. The funds come from two pots: $450 million under the bipartisan infrastructure law and $234.3 million from the FY2022 Appropriations Act. All “eligible “coastal seaports, inland river ports, and Great Lakes ports can apply for funding. To learn more, click here.

FEMA. FUNDING AVAILABLE FOR HIGH HAZARD DAMS. On May 16, the Federal Emergency Management Agency released a $22 million funding opportunity for high hazard dams throughs its Rehabilitation of High Hazard Potential Dams (HHPD) grant program. Of the total funding, $11.64 million will be available for planning and design activities and $10.36 million will be available for construction-ready activities only.  According to FEMA, HHPD awards provide technical, planning, design and construction assistance in the form of grants for rehabilitation of eligible high hazard potential dams. A state or territory with an enacted dam safety program, the State Administrative Agency, or an equivalent state agency, is eligible for the grant. For more information, click here.

FEMA. Planning and Decision Framework for Chemical Incident Consequence Management for Public Engagement (May 25 webinar/June 3 public comment period closes). FEMA is seeking public feedback on Planning and Decision Framework for Chemical Incident Consequence Management Framework. This national engagement period will conclude at 5 p.m. ET June 3. The Framework provides guidance for federal, state, local, tribal, and territorial government, and non-governmental authorities for use in planning and expediting decisions in the aftermath of a nationally significant or large-scale hazardous chemical release. The national engagement gives interested stakeholders the opportunity to review and provide feedback on the document. The comment matrix can be used to capture any feedback on the Framework. Please provide any comments or recommendations by the close of business on June 3, 2022. Email feedback or any questions to femacbrnoffice@fema.dhs.gov. On Wednesday, May 25th, from 1:00-1:30 p.m. ET, FEMA will host a webinar to discuss the Framework and answer any questions from the interested parties. The webinar is open to the whole community. Advance registration is required and is on a first-come, first-served basis. To register for the webinar, please click here. 

FEMA/FLOODING. ASFPM RELEASES WEBSITE ON REDUCING FLOODING RISK. On Monday, the Association of State Floodplain Managers released a new website, reducefloodrisk.org, to “help property owners and buyers in flood prone areas identify strategies to reduce their property’s risk of flooding.” Through the site, visitors can access ASFPM’s library of flood mitigation strategies and resources and use the association’s interactive platform on mitigation options. ASFPM partnered with the Federal Emergency Management Agency on this website.

FEMA/PORTS. Port Security Grant Program Outreach for Applicants and Stakeholders (Monday, May 23 at 2pm ET). FEMA is holding a series of calls with all potential Port Security Grant Program (PSGP) applicants and partners on FY2022 PSGP. The call will give an overview of FY2022 PSGP, as well as give background; changes/highlights within the program and application process; program priorities, best practices and helpful hints; and Q&A.  To join the webinar on Monday, click here.

FEMA. FEMA RELEASES BUILDING CODE STRATEGY. Through their Building Code Strategy, the U.S. Federal Emergency Management Agency (FEMA) plans to encourage the adoption and enforcement of hazard-resistant building codes and standards for FEMA programs. To read the plan, click here. To learn more about FEMA’s effort, click here.

GAO. GAO RELEASES ANNUAL REPORT ON STATE OF THE NATION’S FISCAL HEALTH. In May 2022, the Government Accountability Office (GAO) released its annual report to Congress, “The Nation’s Fiscal Health: Federal Action Critical to Pivot toward Fiscal Sustainability.” In the report, GAO raises concerns that the “federal government faces an unsustainable fiscal future” due to the increase of federal debt. GAO recommends that Congress institute a long-term fiscal plan; set fiscal rules and targets to manage federal debt; consider the drivers of the debt from both a revenue and spending perspective and analyze alternative approaches to the debt limit. To read the report, click here.

USACE. ARMY CORPS ANNOUNCES THE RELEASE OF AUTOMATED WETLANDS DETERMINATION DATA SHEETS  (ADS). The Corps in April announced a new effort to help landowners determine whether wetlands are on their property.  Called the Automated Wetlands Determination Data Sheets (ADS), the process streamlines wetland delineation data collection and reporting. According to Dr. Jacob Berkowitz, a Corps Engineer Research and Development Center’s Environmental Laboratory research soil scientist, ADS “improve the accuracy of the permitting process by automatically calculating many of the field indicators of wetland vegetation, hydrology and soils based on user inputs.” Berkowitz went on to says that the Corps is now “using the ADS to conduct wetlands delineations across the nation. To learn more, click here or here.

USDA. ACCESS TO FERTILIZER: COMPETITION AND SUPPLY CHAIN CONCERNS (Comments Due June 15, 2022). The Agricultural Marketing Service (AMS) is providing an additional 30 days for comments and information from the public to assist AMS in preparing the report required by the Executive Order titled “Promoting Competition in the American Economy,’’ which creates a White House Competition Council and directs Federal agency actions to enhance fairness and competition across America’s economy. To learn more or to view the list of questions AMS would like answered, click here.

WHITE HOUSE. BIDEN-HARRIS PERMITTING ACTION PLAN. Last week, the administration released further details on the Biden-Harris Permitting Action Plan for environmental reviews and permitting. According to the document, the plan contains five components: (1) accelerating permitting through early cross-agency coordination to appropriately scope reviews, reduce bottlenecks, and use the expertise of sector-specific teams; (2) establishing clear timeline goals and tracking key project information to improve transparency and accountability, providing increased certainty for project sponsors and the public; (3) engaging in early and meaningful outreach and communication with Tribal Nations, States, territories, and local communities; (4) improving agency responsiveness, technical assistance, and support to navigate the environmental review and permitting process effectively and efficiently; and (5) adequately resourcing agencies and using the environmental review process to improve environmental and community outcomes. It will apply to major transportation projects, as well as covered projects in the renewable or energy production space.

Furthermore, the plan indicates that the Federal Permitting Improvement Steering Council (Permitting Council) will be utilized to “improve coordination among agencies and resolve issues consistent with climate, economic, and equity goals.” While the Permitting Council’s 2015 founding goal was to smooth out the FAST-41 process, under this plan, the Council will be more broadly deployed to ensure that environmental reviews and permitting are “being conducted in an efficient and effective manner,” Within 90 days of the plans release (late-June/early-July), the Office of Management and Budget and the White House’s Council on Environmental Quality, will release guidance to the agencies on how to implement. To read the president’s permitting plan, click here. 

NWC EVENTS SPOTLIGHT

LEGISLATIVE POLICY COMMITTEE (VIRTUAL, Thursday, June 2, 2022, at 4pm ET). The Legislative Policy Committee (LPC) serves as the primary advisor on NWC federal policy positions and decisions. Comprised of a broad scope of NWC membership, LPC is a consensus-based committee that is tasked with studying issues, recommending new federal policy positions, and drafting and signing off on NWC letters. LPC meets face-to-face twice a year at NWC’s Legislative Summit and Annual Meeting. LPC holds monthly calls on the first Thursday of the month. LPC is open to all interested NWC members.

NAVIGATION CAUCUS MEETING (VIRTUAL, Tuesday, June 14, 2022, at 3pm ET). The next Navigation Caucus meeting is scheduled for June 14 at 3pm ET. The NWC Navigation Caucus supports the U.S. Army Corps of Engineers and all federal agencies whose authorizations, policies, and legislative mandates impact the navigation channels across the nation. Our goal is to facilitate the fluid movement of commerce by collaborating with federal agencies and industry to ensure the viability of the coastal and inland river navigation systems by working with Congress to secure funding for construction and ongoing operations and maintenance for USACE projects. NWC caucuses are free to join and any individual from a NWC member organization is eligible to join/participate.

WATER SUPPLY CAUCUS MEETING (VIRTUAL, Friday, June 17, 2022, at 2pm ET). The Water Supply/Reuse Caucus is tasked with studying issues that pertain to water supply storage and reuse issues. Primary federal agencies of interest include but are not limited to the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and the Bureau of Reclamation. NWC caucuses are free to join and any individual from a NWC member organization is eligible to join/participate.

NWC REGIONAL SPOTLIGHT ON TEXAS (IN-PERSON, Wednesday, August 31, 2022).  From the NWC front, we are excited to announce the date for the next NWC Regional Spotlight (Texas) for August 31, 2022. A huge thanks to NWC members, Texas Water Conservation Association, for partnering with us on this, and the Trinity River Authority, for donating the space. More information, including registration and sponsorship opportunities, will be released soon.

NWC 2022 ANNUAL MEETING (IN-PERSON, Wednesday, October 26-28, 2022). NWC’s 2022 Annual Meeting is scheduled for October 26-28, 2022, in Houston, Texas. More information to come soon.