Dedicated to a greater understanding of the widespread
public benefits of our nation’s water resources infrastructure.

2022 NWC Legislative Summit
April 25-26, 2022
Ronald Reagan Building and International Trade Center
Washington, DC

May 2, 2022

Thank you for a successful 2022 NWC Legislative Summit on April 25-26, 2022, at the Ronald Reagan Building and International Trade Center—we couldn’t have done it without you and our amazing sponsors who are recognized below! Also below are some notes about the meeting, as well as relevant power point presentations.

We are also starting to gear up for our 2022 Annual Meeting in Houston, Texas on October 26-28, 2022. Information on a draft agenda and registration will be coming soon.

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

Best, Julie Ufner (NWC)

NWC concludes a successful face-to-face 2022 Legislative Summit—presentation links available (below)

On behalf of NWC, a big thanks goes out to everyone who joined us for NWC’s 2022 Legislative Summit in Washington, DC on April 25-26, 2022! For those of your who were unable to attend, you were missed, and we look forward to working with you in the months and years to come.

We could not have put together such an amazing meeting without our sponsors—please remember to thank them for their support!

• Gold Sponsors: Tarrant Regional Water District
• Silver Sponsors: Gulf Coast Water Authority; HDR, Inc.; Trinity River Authority
• Bronze Break Sponsors: Alabama State Port Authority; Best Best and Krieger; Freese & Nichols; Santa Clara Valley Water District
• Bronze Lanyards Sponsors: CDM Smith
• NWC Supporters: Georgia Ports; Great Lakes Dredge & Dock Company; Pine Bluff Sand & Gravel; Tetra Tech
• Donor Sponsor: Gahagan & Bryant Associates

Predictably, one of the hot items of discussion was the Jan. 2022 memo signed jointly by the U.S. Army Corps of Engineers (USACE/Corps) and the National Oceanic and Atmospheric Administration (NOAA) on environmental baselines for maintenance projects. To help NWC members and attendees understand the issue, NWC released a policy brief on the USACE/NOAA memo which details potential impacts on existing infrastructure ( a huge thanks goes to Dena Horton and Steven Burns for collaborating with NWC on this informative factsheet!). Click here to see NWC’s fact sheet on the USACE/NOAA environmental baseline memo.

Also, there was continued discussion on environmental justice issues. As a result, NWC has formed a new environmental justice workgroup, led by NWC Board member and Best, Best, and Krieger Partner Mr. Lowry Crook, to study challenges and opportunities in water and waterways projects and infrastructure. Stay turned for more information on meeting schedules. If you are interested in serving on this work group, please reach out to Julie Ufner, NWC President and CEO.

Opening General Session/INSIGHTS INTO USACE

NWC Chair Tom Ray kicked off NWC’s 2022 Legislative Summit at 11am ET on April 25, 2022, welcomed new members, and guided attendees through NWC’s mission, as well as the scope of the Summit. Ray then introduced the first session of the day—which was like a reversed fireside chat—to dig into how the Assistant Secretary of the Army (Civil Works) office and U.S. Army Corps of Engineers headquarters, divisions and districts really work with each other and how to engage more effectively. For this session, we were joined by Tom Chapman, HDR Inc., Lowry Crook, Best, Best and Krieger, and Ray Russo, consultant, who, at various times, held various positions within ASA or USACE offices. Tom Ray also encouraged the audience, many of whom also worked for those agencies, to also participate, which they did with vigor. No powerpoint is available.

On district, division, headquarters, and ASA and when to engage: Chapman, as a previous commander of two USACE districts, said we must know when districts are the same and not the same. He stressed the importance of engagement at the district level and encouraged participants to always use the vertical chain of command up to division, headquarters, and ASA. Russo, who used to work for the SW division, said the purpose of the divisions are often misunderstood, part of their purpose is to give the districts cover, especially if Corps policy is unclear and/or the district is not comfortable about pushing an issue. Additionally, the divisions serve as a liaison between districts and headquarters and coordinate with the districts on budgets. Division offices want to be on the same page as the district offices so understand when to go to them, and when not (to). Crook stressed the importance of engaging with both USACE headquarters and the ASA’s office because things get lost in in translation when people are relaying things up the chain. Lowry, as a previous deputy ASA and CEQ staffer, talked about how there is sometimes a disconnect between ASA and the Office of Management and Budget for budget- and policy-related items. However, regulatory issues get decided between headquarters and the ASA.

On building trust both inside and outside of the agencies: Crook reflected on his time in the ASA(CW) office, stating that a key part of his job was to build trust between USACE headquarters and the ASA on water issues. Lowry reminded participants that the USACE Commander is military, and the ASA position is political. As a result, the ASA must be on the same side as the administration, and sometimes they need to broker a compromise that USACE may not agree. The speakers talked about General Jackson’s “No Surprises” policy, which required people to give a heads up before announcing anything, which helped build and maintain trust. At the end of the day, people may not agree on the final outcome, but when the decision was explained ahead of time, they would understand.

Building relationships in a virtual era: There was further discussion about how to build relationships with the agencies in a post-COVID world, where many USACE staffers continue to work remotely. It is harder to build relationships via zoom, Russo admitted, but not impossible. He stressed being persistent, especially with the district offices who must translate the scope of projects and challenges to division and headquarters offices. It is important that the district understands. Crook added, since we can’t have side conversations outside meetings anymore, try to establish relationships via text. Chapman echoed many of the comments and stressed that relationships are everything and encouraged members to meet the commander and/or USACE district staff outside of the office for coffee.

How stakeholders should engage with new commanders: Chapman reminded attendees that new commanders can be overwhelmed with information, so it is important to do personal follow ups. It is important to keep in mind though that those commanders are in the Army and know who they work for and know who their bosses work for. Their job as district commander is to get projects done, execution for policies and produce workable solutions. Russo stressed that, in addition to relationships with commanders, it is very important to build relationships with the lead civilian, who will be there after commanders move to new positions. And it is important to understand what the division and district offices can (and can’t) do for you and know when (and when not) to jump the district to the division and/or headquarters offices.

SOUP, NUTS, and WATER INFRASTURCTURE: HOW NEW FEDERAL POLICIES WILL IMPACT YOU

For our lunch speaker, we were joined by the always entertaining, Robyn Colosimo, Director of Policy and Legislation, Assistant Secretary of the Army (Civil Works), U.S. Department of Defense who talked about ASA and administration priorities coming down the pike. Colosimo kicked off her talk stressing the strong working relationship between USACE Commander Scott Spellmon and ASA Michael Connor, who are very similar and work well together. Connor is still working on building out his team in the ASA’s office. He brought in Stacey Brown as Deputy Assistant Secretary of the Army for Civil Works (Management and Budget) to replace Vance Stewart, who recently retired. Dave Leech recently retired as well. The office is looking to fill a new position for strategic communications to highlight what the ASA’s office is doing. Colosimo announced the office will be holding a series of listening sessions on several issues on environmental justice (EJ), tribal, historical preservation and Principles, Requirements and Guidelines among other sessions in the coming weeks—these will be noticed in the Federal Register. No powerpoint is available.

Coming down the pike:

• Principles, Requirements and Guidelines: a draft rule will be out by the end of the year.
• EJ at USACE: On EC, Colosimo stressed that the ASA’s office was still wrapping their head around how EJ was going to work at USACE, stating that “EJ is going to look different for different types of projects.” It is more difficult for USACE because they are the only federal agency that doesn’t do loans or grants. The administration issued interim EJ guidance in July 2021 but the challenge for USACE projects is that these projects were approved a long time again. Even though these projects did not look at EJ issues, many of these projects already help disadvantaged communities, so it’s about telling the story in a different way to highlight EJ benefits.
• Climate and Economic Justice Screening Tool: continues to evolve. Currently, it doesn’t measure something that already exists, i.e. a dam, and doesn’t take into account all communities downstream.
• WIFA: draft rule is expected out soon.
• USACE/NOAA environmental baseline memo: There will be a peer review of the compensation calculator, which is currently in use in the Pacific Northwest. Colosimo indicated that the ASA and NOAA is still working on how the memo would be implemented nationally but said there would be further outreach sessions with stakeholders.

NAVIGATION AND FLOOD CONTROL OUTLOOK AT USACE

For this session, we were joined by Ms. Tiffany Burroughs, Chief of Navigation, U.S. Army Corps of Engineers and Ms. Tammy Conforti, Special Assistant for Levee Safety, U.S. Army Corps of Engineers.

In her presentation, Burroughs focused on the challenges and opportunities within the navigation world. Navigation has received a historical level of funding and it is USACE’s goal to make sure that they are working effectively. She talked about the five-year planning strategy, along with WRDA 2020 implementation, specifically section 126, which is still being finalized. It is an ongoing goal to look at how the beneficial use of dredged materials are calculated. On the horizon, USACE is working on a framework on what remote locks would look like and plan to have several targeted engagements with stakeholders.

Ms. Conforti focused her attention on the new National Levee Safety Program (NLSP), which is intended to be a support program for everyone who manages levees. Intended to function similar to USACE’s dam safety program, the program was enacted in 2014, and received funding for levee database. In 2020, the program received additional funds, which allowed the program to launch officially at the end of 2021 in a three-step process. On Section 408, Conforti said USACE continues to work on rulemaking, based on the current engineering circular. The rule is currently being vetted internally and the intent is to hold a series of public meetings on challenges in the current Section 408 program (note: NWC currently has a Section 408 working group that is delving into these issues and developing potential solutions).

Resources

• To view Ms. Burroughs powerpoint presentation, click here.
• To view Ms. Conforti’s powerpoint, click here.
• To view the NLSP website, click here.

WOTUS – THE ENDLESS QUAGMIRE

We were joined by Mr. Larry Liebesman, Esq. a Senior Advisor from Dawson and Associates, who gave a comprehensive overview of the legal underpinnings “Waters of the U.S.” (aka WOTUS). He went through WOTUS’s modest beginnings, to when it was forever linked to the Clean Water Act, and the court cases that have led to confusion in the field. Liebesman discussed the Sacket case pending before the Supreme Court this fall (decision expected in 2023) and potential ramifications of such a decision. While there is no powerpoint, Liebesman recently did a video presentation for the Tulane Law and Policy Summit (starts around 4:45) that discusses WOTUS history that may be of interest.

WHAT’S NEXT FOR WATER RESOURCES ISSUES IN CONGRESS

Mr. Ryan Seiger, Staff Director/Senior Counsel (Majority) and Mr. Ryan Hambleton, Republican Staff Director, from the Subcommittee on Water Resources and the Environment (Transportation and Infrastructure Committee) in the U.S. House of Representatives joined us for a lively talk on what’s coming down the pike for the Water Resources Development Act (WRDA), a biannual bill that authorizes studies, projects, modifications, and policy for USACE. (Hint: it’s happening soon!).

Their Senate counterparts from the Environment and Public Works Committee (EPW) were unable to join us due to a consolidated WRDA calendar on their end. In fact, EPW is scheduled to mark up their WRDA 2022 bill on Wednesday, May 4 at 9:45am.

Seiger stressed the hard work that Congress and stakeholders have done to date to get WRDA back on a two year cycle—a huge part of that success is due to WRDA being bipartisan, Seiger indicated there are no democratic roads and no Republican airports…it is more about how we can solve each other’s problems. Hambleton, who joined the Republican team a little over a year ago, concurred. Both thanked the attendees for their commitment to WRDA and working with Congress to get the measures through. They went on to say that they expected the T&I Committee to introduce their own WRDA bill the 2^nd or 3^rd week in May with an expected markup soon after. Both chambers hope to pass their respective WRDA bills by the May/June timeframe and move to conference the House and Senate bills in June/July. No powerpoint is available.

Resources:

• EPW business meeting to mark up WRDA 2022 is Wednesday, May 4 at 9:45am. To learn more, click here.
• To see the draft EPW WRDA 2022 bill text, click here.

BE IN THE KNOW: UPDATES FROM USACE HEADQUARTERS

For our next session, we were joined by Mr. Tom Smith, USACE Chief of Operations and Regulatory; Mr. Wes Coleman, Acting USACE Chief of the Program Integration Division; and Mr. Joseph Redican, Deputy USACE Chief of Planning for an update on changes and happenings at USACE headquarters. Smith focused on the generation investment of infrastructure that has been happening, with 19 projects funded to completion, and highlighted some of the issues they are working though on hydropower. Coleman concentrated on the overall USACE budget, with two large supplementals and other monies for a historical investment. He discussed how projects were picked for supplemental funding and threw out an interesting fact on IIJA: 90 percent of the money had no geographic limitations. Redican effectively tied the three presentations together, by discussing the status of WRDA 2020 implementation and things to watch coming down the pike like PR&G, climate change/EJ, and WRDA 2022.

Resources:

• To view Mr. Smith’s powerpoint, click here.
• To view Mr. Coleman’s powerpoint, click here.
• To view Mr. Redican’s powerpoint, click here.

MARAD: THE LATEST IN PORTS AND WATERWAYS

Mr. Bob Bouchard, the Deputy Associate Administrator from the Maritime Administration (U.S. Department of Transportation) joined us to discuss current challenges in the navigation world (COVID, supply chain issues, congestion at ports, ships caught in channels, aging infrastructure, etc.) and how MARAD is there to help. Brouchard focused his remarks on improved data management, innovative pop-up container yards to move products to market quicker, and working on supply chain challenges with manufactures. He stressed the increased funding that MARAD has received and the increased grant funding MARAD has available. No powerpoint available.

Resources:

• America’s Marine Highway
• Small Shipyard Grants
• Port Infrastructure Development Grants

HOW UPCOMING CHANGES TO THE ENDANGERED SPECIES ACT WILL IMPACT WATER/WATERWAYS INFRASTURCTURE

For our last official session of the Summit, Mr. Steven Burns, Partner from Balch & Bingham and Mr. Jordan Smith, Principal, Van Ness Feldman and Executive Director of the National Endangered Species Action Reform Coalition discussed the latest intel on the Endangered Species Act. Burns talked about the legal underpinnings of ESA that brought us to this point, how ESA works and highlighted several court cases coming down the pike that may impact the Act in the future. Smith analyzed some of the hot ESA issues and discussed potential Congressional actions.

Resources:

• To view Mr. Burns presentation, click here.
• To view Mr. Smith’s presentation, click here.