A special thanks to Valley Water for their generous support of this Federal Spotlight. Your commitment helps drive our mission forward.

Hello NWC Members,

“Anyone who thinks fallen leaves are dead has never watched them dance on a windy day.”

— Shira Tamir

As the seasons shift, fall reminds us that even in times of uncertainty, there is movement, resilience, and renewal. While Congress remains at a standstill in the fourth week of the federal government shutdown, there is still important work happening – and NWC continues to move forward on behalf of our members. You can read more about the ongoing situation in this month’s Congressional Spotlight section.

On what has NWC done for you lately – quite a lot in the last month.

Last month, we celebrated our 65th Annual Meeting, where members gathered to connect, exchange ideas, and look ahead together. You can read the recap on our Annual Meeting page.

NWC led a broad coalition of water associations in sending a letter to the White House urging the reinstatement of the Water Subcabinet, which was created during President Trump’s first term, has not reconvened during the current administration. It served as a forum that brought together all federal agencies with water management responsibilities under one umbrella to strengthen coordination on national water policy. In many ways, that mirrors the work NWC does – uniting all of the U.S. Army Corps of Engineers business lines under one roof to ensure collaboration, communication, and shared understanding across sectors. You can read the letter here and view the 2020 Executive Order that established the Subcabinet here.

We’re also expanding our social media presence. Follow us on LinkedIn and Instagram for timely updates, including news alerts, Water Resources Development Act (WRDA) information, and much more.

Looking ahead, planning is underway for NWC’s 2026 Legislative Summit, which will be held March 9–11, 2026, at The Hamilton Hotel in Washington, D.C. NWC will partner with the Pacific Northwest Waterways Association (PNWA) for part of the program, and registration will open next month.

This fall, I’ve also resumed traveling to connect directly with members. Last week, I had the honor of addressing the Texas Water Association at their annual meeting on the impact of the shutdown and what it means for our partners. In the coming weeks, I’ll be on the road again – visiting Iowa, Illinois, Savannah, and New Orleans – and look forward to seeing many of you along the way.

Even as the air cools and the leaves fall, the current of NWC’s work continues to move forward, steady, collaborative, and focused on serving our members.

Best,

Julie and the NWC Team

MEMBER NEWS AND UPDATES

PORT OF LAKE CHARLES DAVIGATION DIRECTOR CHANNING HAYDEN TO RETIRE ON OCT. 31. After nearly two decades with the Port of Lake Charles, Channing Hayden, Director of Navigation, will retire at the end of the month. A respected leader in the maritime community, Channing has dedicated his career to advancing safe, efficient navigation along the Gulf Coast and beyond. Before joining the Port in 2006, he served as President and CEO of the New Orleans Steamship Association, capping a maritime career that began in 1967 on the Mississippi River. His expertise, commitment, and collaboration have strengthened both the Port of Lake Charles and the broader navigation community. NWC extends its sincere thanks and best wishes to Channing as he begins this next chapter.

DAWSON & ASSOCIATES ANNOUNCES NEW ADVISOR. Dawson & Associates recently announced that Mr. Mark Pointon has joined their firm.  Mr. Pointon is an expert in federal coastal navigation, inland navigation, and dredging policies.  Before joining Dawson & Associates, Pointon served as the Senior Navigation Program Manager for the U.S. Army Corps of Engineers Institute for Water Resources (IWR), where he advised the Chief of Navigation. In this position, Pointon was responsible for developing navigation programming and managing the Inland Waterways and Harbor Maintenance Trust Funds.  He also served as the Corps’ expert advisor for related federal advisory committees.  Pointon spent over 10 years in the operations and regulatory office at USACE Headquarters.  He developed the Corps’ annual multi-billion-dollar navigation program, which included integrating funding from trust funds. Mr. Pointon is a four-time winner of the Army’s Superior Civilian Service Award.  Those who want to learn more about their career can do so here.

SEEKING PROPOSALS FOR APPLIED RESEARCH PROJECTS ON WORKING WATERFRONTS WANTED. (Deadline to submit is November 3, 2025.) The National Working Waterfront Network (NWWN) is looking for research proposals on applied research of working waterfronts that will serve as the focus for their 2026 internship program.  The goal of the partnership is to release graduate students with entities to address research needs.  NWWN will help with funding, partnering, and supervising the intern. NWWN partnered with the Urban Harbors Institute (UHI) at the University of Massachusetts: Boston, to create a program focused on applied research to advance the resiliency of fishing communities.  For the new internship cohort, NWWN and UHI are focusing on working waterfronts, looking for projects focusing on impacts of climate change, disaster response, displacement of water-dependent uses, maritime culture and heritage, decarbonization, and workforce development for the marine economy. Eligible applicants can be a for-profit, non-profit, academic association/coalition, NGO, or government organization with offices in the United States.  Prior research proposals include addressing real-world community needs and opportunities related to working waterfronts, with the ability to be conducted by a part-time working graduate student. Those looking to participate but need an extension or have any questions can reach out to Shannon M. Hogan at Shannon.Hogan@umb.edu.

CONGRESSIONAL SPOTLIGHT

OVERVIEW. As October draws to a close and the government enters its fourth week of the shutdown, with a fifth week approaching, much of the focus in Washington remains on when and how the federal government will reopen. Yet it’s important to note that Capitol Hill has not gone completely quiet. The House adjourned in mid-September after passing a clean continuing resolution (CR) that funds the government through November 21. The Senate, meanwhile, has remained in session since September, taking multiple votes, unsuccessfully, on the House-passed CR. Beyond funding negotiations, senators have continued work on presidential nominations and are coordinating with their House counterparts to reconcile the House- and Senate-passed National Defense Authorization Act (NDAA) bills for Fiscal Year 2026. While the path forward remains uncertain, discussions continue among both chambers on how to end the shutdown and chart the next steps for federal funding.

All About the Shutdown/How Appropriations and the Shutdown are Related. The appropriations process lies at the heart of every government funding debate and every shutdown. The federal fiscal year runs from October 1 through September 30, and each year Congress must pass twelve appropriations bills to fund the government. When that does not happen, lawmakers pass a continuing resolution, known as a CR, to extend funding temporarily.

A CR simply continues spending at last year’s levels while Congress determines next steps. If lawmakers cannot agree even on that short-term measure, the government partially shuts down. Nonessential federal operations pause, employees are furloughed or required to work without pay, and programs that rely on annual appropriations stall.

Essential operations continue, including activities at the U.S. Army Corps of Engineers that are tied to existing contracts and studies. Even so, shutdowns create ripple effects. Morale drops, and communities experience delays in permits, grants, reimbursements, and contracts as agencies slow or suspend work.

 The Events Leading Up to this Year’s Shutdown. The current standoff began when the House passed its short-term continuing resolution on September 19 and then adjourned. The Senate remained in session and has since held over twelve votes to advance that measure but has not reached the sixty-vote threshold required for passage. Both parties agree the government should reopen, but they remain divided on how to do it. Democrats want the continuing resolution to include provisions addressing rising health care costs tied to expiring Affordable Care Act subsidies. Republicans prefer a clean extension with no additional provisions.

This Congress has also shown an unusual split in productivity. According to Bloomberg Gov, the Senate has taken 587 roll-call votes so far this year, the highest total through October in 48 years. The House has taken 282, which, according to Bloomberg, is among the lowest for any non-pandemic year since 1991.

What Makes This Shutdown Different. This shutdown carries additional complications beyond what is typical. For one, while conversations continue about passing a short-term continuing resolution to reopen the government, there are also quiet discussions about the possibility of another year-long continuing resolution. The ideal outcome remains for Congress to pass all twelve appropriations bills through regular order. However, the House and Senate hold very different positions on funding levels, policy riders, timing, and strategy, which makes agreement difficult.

Because the government is operating under Fiscal Year 2024 funding levels for FY2025, there are no new project starts or earmarks, and the gap between rising costs and flat budgets continues to widen. A second consecutive year-long continuing resolution would lock in FY2024 funding for two years, even as inflation and material costs increase. That scenario could deepen backlogs, delay permitting and studies, and impact agencies such as the U.S. Army Corps of Engineers and others.

Additionally, the shutdown highlights administration efforts to implement large-scale Reduction In Force (RIF) efforts. Prior to the shutdown, tens of thousands of federal employees were affected through layoffs, buyouts, or early retirements as part of these actions. After the shutdown commenced, the Office of Management and Budget released 4,000 additional workers, with a potential to lay-off 10,000 more. This has been challenged in the courts, and a temporary order has paused some of the actions while litigation proceeds.

A Possible Off-Ramp for the Shutdown. As the federal government enters its fifth week without full funding, a potential off-ramp may emerge around November 1. Several converging operational and financial pressures could shift how lawmakers approach the impasse.

  • All federal employees, including those who are paid monthly such as House staff, will have now missed a full paycheck.
  • Open enrollment for federal health plans begins on Nov. 1, with many participants seeing higher premiums for the upcoming plan year.
  • Funding for Supplemental Nutrition Assistance Program (SNAP) and Women, Infants, and Children (WIC) benefits is beginning to run low, raising concerns about service continuity.
  • Air traffic control contingency funds are also being drawn down as the shutdown continues.

Historically, these types of operational and financial impacts have added pressure for Congress to reach a funding agreement. The key question now is whether they will sufficiently shift the dynamics this time. That said, no breakthrough has yet emerged.

What to watch in the coming days: There are increasing discussions of a potential short-term CR that could extend funding through December, allowing additional time for negotiations before the end of the calendar year. The House has already passed a CR that runs through November 21, which some lawmakers view as too short to resolve larger funding issues, as well as health care subsidies. Others have suggested an extension into 2026 to avoid another deadline during the holidays.

Little Known Shutdown Facts:

  • The longest government shutdown on record lasted 35 days, from December 22, 2018, to January 25, 2019. It began when the federal budget impasse over border security halted operations for more than one-third of government agencies.
  • During the 2013 shutdown, the National Zoo’s panda cam went offline because it was not considered an essential operation.
  • While some government services pause during a funding lapse, robots do not. NASA’s Mars Rover continued to send updates from space during both the 2013 and 2018 shutdowns, unaffected by furloughs on Earth.
  • The term “continuing resolution” dates back to 1876, when Congress first used temporary spending bills to keep departments operating while full appropriations were debated.
  • The U.S. Postal Service continues to deliver mail during shutdowns because it is funded by postal revenue, not annual appropriations.
  • Federal workers who are required to report for duty without pay during a shutdown are classified as “excepted”, while those placed on temporary leave are “furloughed.”
  • Only about 3 percent of the U.S. Army Corps of Engineers workforce is funded by annual appropriations and therefore subject to furlough during a lapse in funding. Most Corps staff are supported through project-based accounts, which continue operations. However, some administrative and regulatory functions – including certain permit reviews and non-project-related activities – may experience temporary delays until full funding is restored.
  • The last time Congress enacted all 12 appropriations bills by the start of the fiscal year was 1996. Since then, there have been more than 20 continuing resolutions to avoid or end shutdowns.

Resources:

Congressional Research Service Reports

Dawson & Associates, “Stopgap Funding makes the U.S. Army Corps of Engineers job harder,” Oct. 3, 2024.

Status of President Trumps Nominations

  • Neil Jacobs was confirmed by the Senate on Oct. 7, 2025, with a final vote of 51-47, and will serve as the Under Secretary of Commerce for Oceans and Atmosphere.
  • Tim Petty, who was nominated as Assistant Secretary of Commerce for Oceans and Atmosphere, participated in a Senate Commerce, Science, and Transportation hearing on Oct. 22 on his nomination. During the hearing, Mr. Petty highlighted his work in other administrations, as well as his current position in the House Transportation and Infrastructure Committee, where he focuses on USACE, EPA, NOAA and other key agencies in the water space. Also at the same Oct. 22 hearing were Laura DiaBella and Robert Harvey were both nominated to serve as Federal Maritime Commissioners.  Their testimonies, as well as the video of the hearing, can be found here.
  • Tom Cook was nominated for Commissioner of the Bureau of Reclamation in June but on Sept. 30, his nomination was formally withdrawn. Scott Cameron is currently the acting head of Bureau of Reclamation, where he also serves as the lead negotiator over the future of the Colorado River.

HOUSE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE APPROVES OCEAN SHIPPING BILL. On September 17, the House Transportation and Infrastructure Committee approves the bipartisan bill, H.R. 4183, “ the Federal Maritime Commission Reauthorization Act” which increases appropriations funding from prior years, expands the definition of ocean common carriers to include carriers owned or related to corporations from other priority foreign countries. The bill takes a deeper look into foreign shipping firms, establishing a process that will allow the Federal Maritime Commission to investigate shipping exchanges.  The measure also expands FMC advisory committees to allow non-government stakeholders to provide their expertise to the commission.  Congressional figures have spoken out in favor of the bill, highlighting its strength for improving national security, economic measures, and increasing the strength, transparency, and security of the maritime supply chain.  The bill currently awaits consideration in the chamber of the House and debate in the Senate.

NATIONAL FLOOD INSURANCE PROGRAM FUNDING EXPIRES. The National Flood Insurance Program’s (NFIP) funding expired on Wednesday, October 1, 2025, at 12:01 AM. NFIP is reauthorized and funded through the annual appropriations process. Millions of policyholders use NFIP to cover their homes that are in areas considered “high risk”.  While FEMA stated that it would still be able to issue funds based on ongoing claims, no new policy plans can be purchased.  As the shutdown continues, concerns grow regarding the lack of insurance coverage during the ongoing hurricane season.

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JUDICIAL SPOTLIGHT

FEDERAL APPEALS COURT ALLOWS EPA TO TAKE BACK BILLIONS OF DOLLARS IN CLIMATE GRANTS. On September 2, 2025, the U.S. Court of Appeals for the District of Columbia Circuit sided with the Environmental Protection Agency (EPA) over Administrator Lee Zeldin’s decision to terminate $20 billion in climate grants. The grants are from the Greenhouse Gas Reduction Fund (GGRF), part of President Biden’s 2022 Inflation Reduction Act, specifically for clean energy and greenhouse gas reduction projects. Several nonprofit organizations were affected, including the Climate United Fund, Coalition for Green Capital, and Power Forward Communities to help finance clean energy projects in low-income communities. In April 2025, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued an injunction against the grant terminations, citing that the EPA had violated the law and constitution, as the funds were previously appropriated. The U.S. Court of Appeals overturned the injunction, saying that the lower court lacked jurisdiction and the EPA acted within its authority. It is expected that the groups that lost the grant funding will appeal the decision.

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FEDERAL GOVERNMENT SPOTLIGHT

ADMINISTRATION

OMB CONSIDERS PAUSING $11 BILLION IN USACE PROJECTS. One of the most significant developments to emerge from Washington in recent weeks is the Office of Management and Budget’s announcement that it is reviewing about $11 billion in U.S. Army Corps of Engineers projects across twelve states. OMB Director Russell Vought characterized these as lower-priority projects and said they are being considered for cancellation. In public statements and posts on social media, he cited examples in New York, San Francisco, Boston, and Baltimore, saying the administration is reassessing the Corps’ ability to manage its workload during the ongoing shutdown.

According to reports from Reuters and other outlets, the affected projects may include New York City water and wastewater infrastructure, the Cape Cod Bridges Program in Massachusetts, and San Francisco waterfront flood protection work, though neither OMB nor the U.S. Army Corps of Engineers has published an official list. The Office of the Assistant Secretary of the Army for Civil Works stated that because the lapse in appropriations limits oversight capacity, the agency is temporarily pausing and reviewing certain projects to prioritize those essential to life and safety. The statement also indicated that once the review is complete, the administration may consider further actions allowed under law to reprioritize or limit resources in line with its stated priorities.

Experts note that the Corps’ ability to redirect or delay funding is constrained by both statute and congressional oversight. Under long-standing policy, the Corps may reprogram only limited amounts within certain civil works accounts, generally no more than fifteen percent per project, and Congress must be notified of larger adjustments. Broader redirection of funds without congressional approval would raise questions under the Antideficiency Act, which prohibits agencies from spending money that has not been appropriated.

The OMB announcement has generated concern among non-federal sponsors who share the cost of many Corps projects. Because these projects are already authorized and appropriated, a prolonged pause could leave state and local partners uncertain about the status of funds they have already matched or committed. Some former federal officials have observed that while large-scale cancellations would exceed the Corps’ typical authority, the agency could legally delay or slow project delivery through internal reprogramming decisions. Congressional appropriators have historically discouraged such actions and are expected to seek clarification.

What happens next will depend on whether OMB or the Corps releases an official list of affected projects, how long the review continues, and whether Congress intervenes through oversight or new appropriations direction. The situation underscores a broader concern within the water resources community: if already approved and funded projects can be paused midstream, that uncertainty could affect confidence in future Water Resources Development Act and appropriations commitments.

Sources: Reuters; E&E News (subscriber only); Engineering News-Record

RECENT EXECUTIVE ORDERS, PROCLAIMATIONS, AND MEMOS

  • PROCLAMATION. National Energy Dominance Month, 2025. On October 17, 2025, President Trump issued a proclamation honoring National Energy Dominance in the United States.  The proclamation recognizes the vast vitality of natural resources that are widespread across the United States, and the role they play in shaping and strengthening the economy.  The proclamation also recognizes the creation of the newly founded National Energy Dominance Council, and the current and ongoing work of strengthening the country’s energy supply and lowering energy prices for all.
  • PROCLAMATION. National Cybersecurity Awareness Month. On October 17, 2025, President Trump issued a proclamation surrounding growing cybersecurity concerns throughout the United States.  The proclamation pledges that the administration will do everything it can to ensure that America’s cyber is secure by providing new trainings and education in the coming months on the related source material.  The proclamation tells Americans to safeguard their data by utilizing two-factor authentication, updating software, and changing passwords.
  • PROCLAMATION. 250th Anniversary of the Founding of the United States Navy. On October 10, 2025, President Trump issued a proclamation honoring the history of the United States Navy.  The proclamation acknowledges the determination, resilience, and grace given by those who serve in the military. The proclamation recognizes the critical role that Navy Members have served throughout the country’s history, and how their strength and perseverance will protect the country for generations to come.
  • EXECUTIVE ORDER. Saving TikTok While Protecting National Security.  On September 25, 2025, President Trump issued an Executive Order determining that TikTok’s proposed restructuring plan meets the requirements of a “qualified divestiture” under the Protecting Americans from Foreign Adversary Controlled Applications Act. The plan would transfer control of TikTok’s U.S. operations to a new, U.S.-based joint venture with majority American ownership, reducing foreign influence and implementing strict data and algorithm safeguards. The order delays enforcement of the Act for 120 days to allow the divestiture process to proceed, while also affirming the federal government’s exclusive authority to enforce the law and protect national security.  

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BUREAU OF RECLAMATION

NOTICE OF CONTRACT ACTIONS. Quarterly Status Report of Water Service, Repayment, and Other Water-Related Contract Actions. On September 17, 2025, the Bureau of Reclamation posted new, discontinued, or completed contract actions and projects related to resource management.  For those who would like more information about these completed contracts, contact Morgan Raymond with the Law Administration Division at mraymond@usbr.gov or by calling 303-445-3382.

NOTICE OF FUNDING OPPORTUNITY. Small Surface Water and Groundwater Storage Project Funding Opportunity. (Applications Due April 17, 2026). The Bureau of Reclamation announced a notice of funding opportunity through the Small Surface Water and Groundwater Storage Projects, specifically for the small storage program.  The grant will provide up to $43.5 million in funding for storage projects, with a maximum cap of $30 million for each project.  Eligible project activities include the planning, design, and construction of small water storage projects, increasing groundwater and surface water storage, supporting stakeholder water management, and strengthening water supply security.  Applications must be submitted to grants.gov by April 17, 2026, by 4:00 PM MST, 3:00 PM PST, under opportunity number R25AS00270.

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COUNCIL ON ENVRIONMENTAL QUALITY

MEMORDANUM ISSUED. New CEQ Memo Directs Agencies on NEPA Procedures. The Council on Environmental Quality (CEQ) issued new guidance on September 29, 2025, directing federal agencies on how to update their National Environmental Policy Act (NEPA) procedures following major legislative, regulatory, and judicial changes. The memo highlights the 2023 Fiscal Responsibility Act amendments, the 2025 “opt-in fee” provision allowing project sponsors to pay for expedited reviews, and the Supreme Court’s Seven County decision emphasizing NEPA as a procedural, not substantive, statute. It rescinds prior CEQ regulations under E.O. 14154 and provides a template for agencies to revise their procedures with greater efficiency, predictability, and deference to agency discretion. While not binding, the guidance stresses consistency across agencies, adherence to statutory deadlines and page limits, and coordination with CEQ during consultation and review.

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FEDERAL ENERGY REGULATORY COMMISSION

NOTICE OF PROPOSED RULEMAKING. Amendment to Executive Order 14270, “Zero-Based Regulatory Budgeting To Unleash American Energy” (Comments Due Nov. 20). The Federal Energy Regulatory Commission is proposing to amend its regulations to add a conditional sunset date to follow Executive Order 14270, “Zero-Based Regulatory Budgeting to Unleash American Energy.” The rulemaking seeks to add a conditional sunset date for prior energy regulations and to review them completely.  The sunset date will begin one year after the effective rule date, December 5, 2026, unless FERC extends the decision.  During this year, the public can submit public comments on the cost and benefit of the regulations. After the sunset date passes, the regulations will no longer be enforceable, will be removed from the Code of Federal Regulations, and any other necessary conforming changes will be triggered.

Those looking to submit comments about this proposed ruling decision can do so by sending them in at https://ferc.gov , or via mail to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

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DEPARTMENT OF TRANSPORTATION

MEETING CANCELLED.  United States Transportation Advisory Board Meeting Cancelled. The United States Transportation Advisory Board Meeting has been cancelled. The meeting was originally scheduled for Tuesday, October, 22, 2025 at 2:00 PM ET.  A new date for the meeting has not been scheduled.

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CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY (CISA)

GUIDANCE RELEASED. CISA releases guidance on the global vision of Software Bill of Materials.  On September 3, 2025, the Cyber Infrastructure Security Agency (CISA) and the National Security Agency (NSA) have partnered with 19 international cybersecurity organizations and released joint guidance outlining a shared global vision of Software Bill of Materials (SBOM).  The guidance reflects international consensus of digital transparency for securing the digital supply chain. The guidance encourages widespread SBOM adoption across sectors and borders, synchronized technical implementations to reduce cost and complexity, and integration of SBOMs into security workflows for better risk management. This guidance will help address software transparency and highlight the software supply chain to ensure that known risks are addressed early and consistently.

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NATIONAL OCEANIC ATMOSPHERIC AGENCY

FLOOD MAPPING TOOL EXPANDED. On September 4, 2025, the National Oceanic and Atmospheric Agency has expanded the Flood Inundation Mapping Tool, which provides real-time information on river conditions and has expanded coverage to over two-thirds of the continental United States.   The Mapping Tool first started two years ago, with coverage spanning Northeast and Eastern Texas.  Now, the app covers 60% of the continental United States and includes areas where high flooding has occurred in the past two years, such as southern Appalachia, the Upper Mississippi and Missouri River Basins, and West Texas.  The new mapping service covers an area that houses over 204 million Americans.  The tool provides real-time information for emergency response and water-resource managers and current forecasting technology.

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OFFICE OF THE U.S. TRADE REPRESENTATIVE

MODIFICATION UPDATE. Proposed Modification of Section 301 Action: China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance. (Comments due Nov. 10, 2025). During the ongoing Section 301 investigation into China’s maritime, logistics, and shipbuilding sectors, the Office of the U.S. Trade Representative has announced a determination. The determination alters the fee structure for vehicle carrier vessels, shifting the basis from Car Equivalent Units to net tons and setting a rate of $46 per net ton, while exempting operators participating in the Maritime Security Program. The notice also removes a prior provision that allowed for suspension of liquefied natural gas (LNG) export licenses and imposes new 100% tariffs on ship-to-shore (STS) cranes and certain intermodal chassis and parts originating from China. USTR is additionally proposing further modifications, including possible tariffs of up to 150% on other cargo-handling equipment. The Office of USTR has opened a public comment period through November 10, 2025, under docket number USTR-2025-0017.

HEARING NOTICE. Initiation of Section 301 Investigation: China’s Implementation of Commitments Under the Phase One Agreement. (Comments due Dec. 1, 2025, Hearing on Dec. 16, 2025, at 10:00 AM ET).

The U.S. Office of the Trade Representative has launched an investigation into Section 301 of China’s implementation of the 2020 “Phase One” economic trade agreement between the U.S. and China. The investigation will investigate whether China has failed to fulfill its obligations under the Phase One Agreement, if the failures deny U.S. rights or benefits under the agreement, and if Chinese acts, policies, and practices are inconsistent with the trade deal and restrict U.S. Commerce.  Those who are interested can submit comments regarding the investigation can be submitted to: https://comments.ustr.gov/ s/ . The public hearing will take place on December 16, 2025, at 10:00 AM ET.  Details regarding sign-up procedures or meeting location will be released at a later date.

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U.S. ARMY CORPS OF ENGINEERS

GUIDANCE UPDATE. Army Issues Updated Guidance on Non-Federal Implementation Pilot Program. The Assistant Secretary of the Army for Civil Works issued updated guidance on September 18, 2025, for implementing Section 1043(b) of WRRDA 2014, as amended, which establishes the Non-Federal Implementation Pilot Program. This program allows qualified non-federal interests to carry out authorized flood risk management, navigation, coastal storm protection, and ecosystem restoration projects, with the goal of testing cost savings, delivery efficiencies, and reducing the Corps’ project backlog. The guidance clarifies eligibility, funding transfers, and selection criteria for up to 20 pilot projects, while maintaining federal cost-sharing rules and oversight responsibilities.

GUIDANCE. New Civil Works Guidance on Harbor Deepening Funding Rules. On September 23, 2025, the Assistant Secretary of the Army for Civil Works released implementation guidance for Section 1117 of WRDA 2024, which revises the cost-sharing structure for harbor deepening projects. Under the new framework, non-federal interests must cover 10 percent of construction costs up to 20 feet, 25 percent for depths between 20 and 55 feet, and 50 percent for depths beyond 55 feet. Operation and maintenance costs remain federally funded up to 55 feet, with non-federal sponsors responsible for half of costs above that threshold. The guidance applies to projects where the first construction or O&M contracts are awarded on or after January 4, 2025, and supersedes earlier harbor deepening policies, ensuring updated model partnership agreements and clarity on related issues such as utility relocations and dredged material disposal facilities.

MEMORANDUM. USACE Clarifies Real Estate ATR Team Requirements. On September 3, 2025, the U.S. Army Corps of Engineers issued a memorandum establishing guidance for real estate review within Agency Technical Reviews (ATR). The memo designates the Real Estate ATR Team as responsible for ensuring that project documents properly address land acquisition, estates, and other real property considerations. It outlines when real estate expertise must be included in ATRs, clarifies roles and responsibilities, and emphasizes consistency across districts and divisions. The guidance is intended to strengthen quality assurance, improve coordination, and reduce risks related to real estate components in civil works projects.

MEMORANDUM. USACE Issues Change Management Guidance for Civil Works Projects. On July 18, 2025, the U.S. Army Corps of Engineers released a memorandum outlining change management requirements for Civil Works projects. The guidance establishes procedures for documenting, reviewing, and approving scope, cost, and schedule changes, with the goal of improving accountability and minimizing project delays. It emphasizes the importance of consistent reporting, coordination across districts and divisions, and early engagement with stakeholders to ensure that adjustments are well-justified and aligned with project objectives. This framework is designed to strengthen oversight and help manage risks in project delivery.

INTERESTING ARTICLES

USING THE OCEAN AS DRINKING WATER: EXPLORING THE FUTURE OF DESALINATION TECHNOLOGY. September 1, 2025—American Society of Civil Engineers: New desalination tech could bring freshwater to California residents. This article focuses on current desalination technology that could change the landscape towards addressing California’s drought issues.  The company OceanWell discovered a method that places cylindrical pods at over 400 meters below sea level that uses the hydrostatic pressure to remove salt, bacteria, viruses, pesticides, and plastics to produce fresh drinking water.  Each desalination pod desalinates around one million gallons of fresh water daily. While the technology is in its infancy, it provides an exciting new look of how water shortages can be addressed.

Julie A. Ufner
President and CEO
National Waterways Conference (NWC)
703-203-4795 (cell)
waterways.org