NWC News Alert (June 14, 2023)

 Happy Wednesday NWC members,

We have a few spots of immediate news for you today on this beautiful mid-weekday.

First, the draft bill for FY2024 energy and water appropriations has been released in the House with a subcommittee markup tomorrow (June 15 at 9am ET). Read more about it below.

Additionally, yesterday the administration released its semiannual Unified Agenda which details the administration’s regulatory priorities for the next six months. While there are no surprises, please note that the Notice of Proposed Rulemaking for Principles, Requirements and Guidelines (PR&G) is expected out next month.

Finally, just a quick reminder for those of you interested in federal policy issues. NWC’s Legislative Policy Committee, which is open to all NWC members, is having their rescheduled monthly call tomorrow at 4pm ET. If interested in participating, but not on the committee, reach out to me at julie@waterways.org.

Moreover, a huge thanks to those of you who were able to join us yesterday for NWC’s Navigation Caucus call. We discussed caucus work products, including potential fact sheets and policy asks, and flagged several introduced bills in Congress.

Just a quick reminder, if you have policy ideas for Water Resources Development Act (WRDA 2024) asks that are national in nature, be sure to reach out to Julie Ufner or Jon Pawlow with your ideas.

Finally, we will have a more comprehensive Federal Spotlight going out in the next several days that gives a high-level summary of all of the issues we care about. Furthermore, we will introduce you to NWC’s intern who will be with us until early August and working on policy issues. As always, if you have any questions, please do not hesitate to reach out to us.

Best,

Julie

HOUSE APPROPRIATIONS COMMITTEE RELEASES TEXT FOR ENERGY/WATER BILL—SUBCOMMITTEE MARKUP TOMORROW

Earlier today, the House Appropriations Committee released draft text for the FY2024 Energy and Water Development and Related Agencies appropriations bill which funds the U.S. Army Corps of Engineers civil works program, the Department of Interior’s Bureau of Reclamation, the Department of Energy and several other independent agencies. The House Energy and Water Development and Related Agencies Subcommittee (House Appropriations Committee) is scheduled to mark up the bill tomorrow at 9am ET. Click here to learn more or to watch the mark up.

According to a Republican fact sheet, the Energy and Water Development bill provides a hair less than $57.96 billion in funding, which is $1.96 billion below the President’s FY2024 budget request. Under the measure, USACE civil works programs would receive $9.57 billion, and the Bureau of Reclamation would receive $1.86 billion in FY2024.

USACE civil works FY2024 funding highlights (per draft bill and fact sheet):

  • Investigations: $136.08 million
  • Construction: $2.89 billion
  • Mississippi Rivers and Tributaries: $364 million
  • Operation and Maintenance: $5.5 billion
  • Regulatory Program: $218 million
  • Formerly Utilized Sites Remedial Action Program: $200 million
  • Harbor Maintenance Trust Fund receives $2.77 billion
  • Inland Waterways System: $456 million for construction projects
  • Flood control and coastal emergencies: $40 million
  • WIFIA (dams) revolving loan program: $5 million
  • Allows the Corps of Engineers to prioritize the completion of flood and storm damage reduction projects under the Bipartisan Budget Act through the use of Infrastructure Investment and Jobs Act (PL 117-58/IIJA) funds.
  • Prohibits implementation of Biden’s “Waters of the U.S.” (WOTUS) rule that was finalized earlier this year.

Bureau of Reclamation FY2024 funding highlights:

  • Water and Related Resources Account: $1.69 billion (For management, development and restoration of water and related natural resources including operation, maintenance and rehabilitation)
  • California Bay-Delta Restoration: $33 million
  • Policy and Administration: $65 million

Additionally, according to the fact sheet referenced above, the bill prioritizes projects that increase water supply and support drought response; provides $132.8 million for rural water projects; $134 million for water storage projects authorized by the WIIN Act and fully funds Reclamation Safety of Dams Act activities at $210.2 million.

WHITE HOUSE RELEASES SEMI-ANNUAL REGULATORY PLAN

On June 13, the White House released its 2023 Spring Unified Regulatory Agenda and regulatory plan which lays out their expected timelines for proposed and final regulations in the next six months or so for all federal agencies.

While NWC is still going through the list, and will update NWC members at a later date, we do want to flag several upcoming rulemakings in the U.S. Army Corps of Engineers civil works portfolio:

  • Procedures for Implementing the National Environmental Policy Act for Regulatory Program
  • Clean Water Act Section 401 Water Quality Certification For Department of the Army Permits
  • Policy and Procedures for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408
  • Procedures for Implementing the National Environmental Policy Act Under the Civil Works Program
  • Floodplain Management Services Program Establishment of Fees for Cost Recovery
  • Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision
  • USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources
  • Appendix C Procedures for the Protection of Historic Properties
  • Reissuance and Modification of Nationwide Permit 12
  • Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers

To see the specifics on each rule, including background and expected publication dates, click here.