NWC Federal Spotlight (September 26, 2022 edition)

Happy Monday NWC,

Welcome to what may (or may not) be the last week Congress is in session before hitting the campaign trail. Read below on the latest.

If you have any questions, please do not hesitate to ask. Have a wonderful weekend!

Best, Julie

CONGRESSIONAL SPOTLIGHT

OVERVIEW/APPROPRIATIONS.  Both the House and Senate are in session this week. Top on their plate is the end of the FY2022 fiscal year on September 30. To date, none of the 12 FY2023 appropriations bills have been signed into law. This means that Congress must pass a Continuing Resolution (CR) to keep the federal government open to a date uncertain. There have been several wrinkles to date. First, there were disagreements on President Biden’s emergency requests for natural disasters, COVID-19 and the Ukraine-Russia conflict. Second, there was controversy about Senator Joe Manchin’s (D-WVa.) proposal to add permitting streamlining language to energy projects to the CR. If you remember, Senator Manchin was a hold-out on the Democrats reconciliation bill. During debates for the Inflation Reduction Act (a smaller version of the reconciliation bill), Senate Majority Leader Chuck Schumer (D-NY) worked out a deal with Manchin. If Manchin voted in support of the IRA, Schumer promised a vote on Manchin’s energy permitting language. The problem is the language is not universally supported by either by some Democrats who feel it goes to far or by Republicans who feel it doesn’t go far enough. Last week, the chambers were trying to work out who would move the CR first. It was finally decided that the Senate would act first. In fact, tomorrow the Senate is expected to have a procedural vote on the CR, using a House-passed bill (H.R.6833) as a container to move the CR . This would allow them to move forward with the debate. The challenge is they are still working on the details and no CR bill text has been released yet. Once the Senate passes the CR, House Speaker Nancy Pelosi (D-Calif.) has indicated that the House will quickly follow suit.

MANCHIN UNVEILS ENERGY PERMITTING BILL FOR CR. On September 21, Senator Joe Manchin (D-W.Va.) released draft text for his Energy Independence and Security Act, which he hopes will be included in the CR (per a prior agreement with Senate Majority Leader Chuck Schumer (D-NY). Under the language, major energy-related projects (to produce, generate, store or transport energy; capture, remove, transport, or store carbon dioxide, or to mine, extract, beneficiate, or process minerals) would be eligible for an expediated environmental review under the National Environment Policy Act (NEPA). The language would not apply to U.S. Army Corps of Engineers water resource development projects. To read Manchin’s draft permitting bill, click here. To read the summary, click here.

Congressional Hearings of Interest This Week:

  • Thursday, September 29, 2022, at 10am EDT: “Investing in our Nation’s Transportation Infrastructure and Workers: Why it Matters.” House Transportation and Infrastructure Committee. Click here for more information.
  • Thursday, September 29, 2022, at 1:30pm EDT: “A Big Climate Deal: Lowering Costs, Creating Jobs, and Reducing pollution with the Inflation Reduction Act.” House Select Committee on the Climate Crisis. For more information, click here.

FEDERAL AGENCY SPOTLIGHT

DOT. USDOT SMART GRANTS PROGRAM. Last week, the Department of Transportation (DOT) announced a funding opportunity for the Strengthening Mobility and Revolutionizing Transportation (SMART) program. This funding is due to the 2021 Bipartisan Infrastructure Law which authorized and appropriated $100 million in FY2022 for the SMART grant program. According to a summary, “The purpose of the SMART Grants Program is to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety. The program funds projects that are focused on using technology interventions to solve real-world challenges and build data and technology capacity and expertise in the public sector.” To learn more, click here.

FEMA. Application Period for New Cybersecurity Grant Program Now Open. The Department of Homeland Security (DHS) announced a first-of-its-kind cybersecurity grant program especially for state, local and territorial governments across the country. These grants will help state, local and territorial governments (includes public authorities, special districts, and regional government entities) address cybersecurity risks and help them strengthen their cybersecurity posture to ensure resiliency in the current threat environment. On Sept. 13, DHS released a funding notice and opened the application period for the State and Local Cybersecurity Grant Program and makes $185 million available. Over the next 60 days, states and territories will have the time to finalize their cybersecurity planning committees and draft their cybersecurity plans for approval by the Cybersecurity and Infrastructure Security Agency (CISA). Entities may also submit a request to extend the time necessary to prepare their cybersecurity plans. DHS will implement the grant program through CISA with the assistance of FEMA. CISA will serve as subject-matter experts in reviewing and approving cybersecurity plans and investments for funding, while FEMA will provide grant administration and oversight for appropriated funds. For more information and helpful resources on the new program, visit CISA.gov or click here to read a grant fact sheet. A version of this grant program specifically for Tribal governments will be announced later this year.

FMC. FEDERAL MARITIME COMMISSION RULEMAKING ON OCEAN CARRIERS AND VESSEL SPACE (Comments due by October 21, 2022). The Federal Maritime Commission (FMC) is seeking public comment on its proposed rule arising from the Ocean Shipping Reform Act of 2022 requirement that prohibits ocean common carriers from unreasonably refusing to deal or negotiate with respect to vessel space accommodations. Specifically, FMC is proposing to define the elements necessary to establish a violation and the criteria it will consider in assessing reasonableness. To learn more, including how to comment, click here. 

MARAD. MARAD ANNOUNCES STUDY ON LOW-CARBON OPTIONS FOR GREAT LAKES SHIPPING. On Sept. 1, the Maritime Administration announced a 16-month study looking at low carbon options for Great Lakes shipping. According to a press release, the research group, led by the International Council on Clean Transportation (ICCT) in partnership with the American Bureau of Shipping (ABS) and the Conference of Great Lakes and St. Lawrence Governors & Premiers (GSGP) will assess the suitability of alternative fuels and power options for Great Lakes shipping. To learn more about MARAD research and projects, click here.

STB. NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE MEETING (October 25, 2022, at 9am in Washington, DC). The Surface Transportation Board announced that the Rail Energy Transportation Advisory Committee will be meeting on Wednesday, October 25 at 9am ET at the STB headquarters. The purpose of this meeting is to facilitate discussions regarding issues including rail service, infrastructure planning and development, and effective coordination among suppliers, rail carriers, and users of energy resources. Potential agenda items for this meeting include a rail performance measures review, industry segment updates by RETAC members, and a roundtable discussion. For more information, click here.

USACE. SECT. 408 PERMISSIONS COMMENT PERIOD CLOSES (NWC submits comprehensive comments). In the past several months, the U.S. Army Corps of Engineers has undertaken a series of public listening sessions on the Section 408 program’s processes and procedures as outlined in Engineering Circular 1165-2-220 and solicited feedback on what is needed to improve the 408 program. Section 408 is derived from Section 14 of the Rivers and Harbors Appropriations Act of 1899 which gives the Secretary of the Army authority to grant permission to non-federal entities to do permanent or temporary alteration of any Corps Civil Works project. Under 408, the Corps certifies that the alteration will not impair the usefulness of the project or is injurious to the public interest. While the Corps have reviewed 408 requests in the navigation world for decades, only recently have they required 408 permissions on flood control projects. NWC’s letter gave feedback on what is working and not working within the 408 program and offered recommendations for how the Corps can improve the program. To read NWC’s 408 letter, click here.

NWC SPOTLIGHT

NWC LEGISLATIVE POLICY COMMITTEE (VIRTUAL, October 6 meeting canceled; rescheduled for October 13 at 2pm ET). NWC’s LPC committee meeting scheduled for Thursday, October 6 is CANCELED. Julie will be traveling for NWC business. The October LPC meeting is rescheduled for Thursday, October 13 at 2pm 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 holds monthly video conference calls (normally) on the first Thursday of the month. LPC is open to all interested NWC members.

2023 REGIONAL SPOTLIGHT? NWC is looking for a NWC member to partner with for our next Regional Spotlight in 2023. Interested? Want to learn more? Contact Julie Ufner at julie@waterways.org.

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. Confirmed speakers include (but are not limited to): Mr. Michael Conner, Assistant Secretary of the Army (Civil Works), U.S. Department of Defense; incoming Director of Civil Works, USACE;  and Mr. David Maurstad, Deputy Associate Administrator for Federal Insurance and Mitigation, Senior Executive of the National Flood Insurance Program, FEMA. Additionally, NWC’s Navigation Caucus will hold a free-standing caucus meeting on Wednesday, October 26. The Flood Control Caucus is sponsoring the session with Mr. Maurstad. To learn more, click here. To register, click here. 

NWC 2023 LEGISLATIVE SUMMIT (IN-PERSON, MARCH 6-8, 2023). NWC will be holding their 2023 Legislative Summit in Washington, DC, March 6-8, 2023, at the Hotel Washington. Primarily programming will occur on March 6-7 with a hill/agency day potentially scheduled the morning of March 8. More information to come.