NWC Federal Spotlight (April 22, 2022)

Happy Post-National Chocolate Covered Cashew Day NWC Members!

It is hard to believe that NWC’s Legislative Summit starts this Monday in the nation’s capital.  We just finalized our agenda, and we are super excited to see everyone next week! We have an excellent line up of speakers and the networking should be valuable. A huge thanks to our sponsors for making this meeting happen! See you soon and happy travels!

Additionally, I am excited to introduce our two newest NWC members to you. Today’s welcome goes to American Cruise Lines and APTIM! Say hello when you see them next week. Welcome aboard!

Also, a little birdy told me that one of ours—Blake Roderick, Executive Director, Pike/Scott County Farm Bureau—is less than two weeks away from retirement. Blake and I first met back in 2007 on a little-known issue called “Waters of the U.S.” when he brought a group of farmers to the nation’s Capital. At that time, I worked for the National Association of Counties and was just getting my feet wet (no pun intended) on WOTUS. Blake patiently explained the farmers perspective, then talked about the overall impact from the rural community’s angle. His ability to look at issues from a broader lens and translate impacts is unmatched. Since that fateful first meeting, Blake has served as a valuable and trusted font of information for both me and others. He will be sorely missed in both the agricultural and water/waterways communities.

Otherwise, we have a few federal spotlight updates below. Congress is out this week but will be roaring back into town next week. Also be aware that new NEPA rules were finalized, clarifications on Buy American under IIJA were released and more (below).

As always, if you have any questions, comments or just want to shoot the breeze, please, please do not hesitate to contact me. We look forward to working with you!

Best,

Julie Ufner, NWC President and CEO

NWC WELCOMES NEW MEMBERS!!

On behalf of NWC, please extend a warm welcome to our newest members, American Cruise Lines and APTIM!

About American Cruise Lines: American Cruise Lines is the leader in U.S. River and Coastal cruising, and the largest domestic cruise line in the U.S.  American’s cruises visit 30 states in the Pacific Northwest, Alaska, New England, the Southeast, and the Mississippi River regions.  The Line has over 35 itineraries, ranging from 5 to 22 days in length, and has been consistently recognized for providing personalized service aboard the finest ships.  American Cruise Lines operates the newest American-built fleet of small 100 to 190 passenger ships, including: classic paddle wheelers, small cruise ships for coastal itineraries, and the only modern riverboats in the U.S.  With over 30 years of experience in cruising, American Cruise Lines exceeds the expectations of the most seasoned and sophisticated traveler.

About APTIM: APTIM is a full-service engineering firm with over 4,200 employees. APTIM has a long history of work in the Port Infrastructure and Equipment, Flood Control, Coastal & Marine, Resiliency, and Environmental professional services industry. APTIM is committed to accelerating the transition toward a clean and efficient energy economy, building a sustainable future for communities, ports and the natural world, and creating an inclusive equitable environment that celebrates the diversity of their people. The way APTIM behaves as a company and as a community is inseparable from the way they serve their clients. Whether it is safeguarding and maintaining critical power infrastructure, helping communities recover from natural disasters, enabling our armed forces and first responders, or helping clients design meaningful ESG initiatives, APTIM goes to work each day knowing they are making a difference.

  • APTIM will be represented at National Waterways Conference by Zachary Canody, U.S. East Infrastructure and Ports Lead, Zachary.Canody@aptim.com and Steve Kral, Director of Recovery and Resiliency, Steve.Kral@aptim.com. 

CONGRESSIONAL SPOTLIGHT 

OVERVIEW. Both the House of Representatives and the Senate are out for recess this week but will be back to DC next week for legislative business.

FY2023 APPROPRIATIONS. Both the House and Senate have started hearings on the president’s budget requests. Additionally, the House appropriations committee announced a preliminary schedule to mark up their 12 appropriations bills in June. The subcommittees may take action as early as the week of June 13 with full committee markups potentially starting in late June.

CAPITOL HILL HEARINGS OF INTEREST:

  • FY2023 COAST GUARD AND MARITIME BUDGET HEARING (Wednesday, April 27, 2022, 10am ET). The Subcommittee on Coast Guard and Maritime Transportation (House Transportation and Infrastructure Committee) has scheduled a hearing on “Review of Fiscal Year 2023 Budget Request for the Coast Guard and Maritime Transportation Program” on Wednesday, April 27, 2022, at 10am. For more information, go here.
  • FY2023 BUDGET HEARING FOR USACE/REC (Wednesday, April 27, 2:30pm ET). The Energy and Water Development, and Related Agencies Subcommittee (House Appropriations Committee) has scheduled a hearing on “FY2023 Budget Request for the U.S. Army Corps of Engineers and Bureau of Reclamation” for Wednesday, April 27 at 2:30pm. For more information, click here.
  • FY2023 BUDGET HEARING FOR AGRICULTURE (Thursday, April 28, 10am ET). The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee (House Appropriations Committee) has scheduled a hearing on “Fiscal Year 2023 Budget Request for the Department of Agriculture” on Thursday, April 28 at 10am ET. To learn more, click here.

ADMINISTRATION SPOTLIGHT

WHITE HOUSE EXTENDS COMMENTS FOR EJ TOOL 30 DAYS. On April 21, 2022, the Council on Environmental Quality (CEQ) announced a public comment period extension for their “Climate and Economic Justice Screening Tool (CEJST) from April 25 to May 25. A notice of this extension will be published in the Federal Register on April 25. In the original notice, CEQ asks for comments on the beta version of the CEJST, which will be used by federal agencies to implement the president’s Justice40 goal of having 40% of the “overall benefits of certain Federal investments to disadvantaged communities.” The tool will be used to identify disadvantaged communities to direct federal investments. Click here to read the original Federal Register notice and here to read CEQ’s announcement today. 

REVISED NEPA RULE RELEASED. On April 20, 2022, the Council on Environmental Quality (CEQ) published in the Federal Register a final rule on “National Environmental Policy Act Implementing Regulations Revisions” that revises three provisions in the National Environmental Policy Act of 1969 (NEPA). The rule is effective on May 20, 2022. This is just phase 1 of the administration’s efforts to repeal Trump era NEPA rules finalized in 2022. Specifically, CEQ makes three specific changes: 1). Clarifies that agencies have authority to consider a variety of factors in an Environmental Impact Statement. Additionally, this section changes the definition of “reasonable alternatives,” 2). CEQ is removing language that could limit federal agencies authority to develop or revise NEPA procedures beyond CEQ regulatory requirements, and 3). CEQ has revised the definition of “effects” in the act to include “direct,” “indirect,” or “cumulative impacts,” which include climate impacts. Next on CEQ’s plate: phase 2 of NEPA rulemaking to further revisit other 2020 NEPA provisions. To read the phase 1 final rule, click here.

WHITE HOUSE RELEASES INSTRUCTIONS ON BUY AMERICAN UNDER IIJA. On April 18, 2022, the White House’s Office of Management and Budget (OMB) released a memorandum to all federal agencies on Buy American policies within the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58). In the memo, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure,” while OMB stresses the importance of buying in America, offers a mechanism to waive the requirement, when needed. To read the memo, click here. 

CISA ISSUES ADVISORY ON CYBER THREATS.  On April 20, the Cybersecurity and Infrastructure Security Agency (CISA), FBI, NSA and other international agencies released a joint Cybersecurity Advisory on viable Russian state-sponsored cyber threats. The advisory recommends immediate actions for all organizations to protect their networks including prioritizing patching of known exploited vulnerabilities; enforcing multifactor authentication; monitoring remote desktop protocol (RDP); and providing end-user awareness and training. To read the advisory, click here.

SMALL SHIPYARD GRANTS. The Department of Transportation’s Maritime Administration announced $19.6 million in funding for the agencies Small Shipyard Grant program. The program provides grants for “grants for capital and related improvements to qualified shipyard facilities that will be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration.” Grants range from $1 to $1 million and there is a cost sharing/matching requirement. Applications for the funds are due on May 16, 2022. For more information, click here.

NATIONAL MARITIME SECURITY ADVISORY COMMITTEE. The National Maritime Security Advisory Committee has scheduled a teleconference meeting for Tuesday, May 3—Wednesday May 4, 2022, to review and discuss the sharing of cybersecurity risks that may cause a transportation security incident. The teleconference is open to the public. For more information, including how to register, click here.

See you next week!