NWC FEDERAL SPOTLIGHT (April 8, 2024)

Dear NWC members,

As we stand on the brink of witnessing another celestial marvel—an eclipse—we’re reminded of the profound interconnectedness between the cosmos and our own terrestrial dramas. An eclipse, with its dance between light and shadow, offers a metaphor for the cyclical nature of darkness and renewal, not just in the heavens but in the very fabric of our societal constructs. It’s in these moments of alignment and obscurity that we find space for reflection and transformation. Poignantly, as Carl Sagan once said, “The cosmos is within us. We are made of star-stuff. We are a way for the universe to know itself.”

Similarly, these dramas unfold in Washington D.C., as Congress reconvenes this week following a two-week break, facing a myriad of challenges including a potential vote on the House Speaker’s leadership and an impeachment hearing in the Senate. Read more about it in the Congressional Spotlight.

In the realm of federal agencies, there’s an anticipated surge of activity on the regulatory front as these bodies strive to finalize their rules. Read about it in our Federal Agency Spotlight.

Our Member Spotlight highlights blog posts from members discussing various rules and regulations and federal government happenings.

And our NWC Spotlight showcases the forthcoming events hosted by NWC include a quarterly meeting with our public members (Monday, April 15 at 2pm ET).

Finally, a warm welcome to our latest addition—Stanley Consultants! Discover more about them in our NWC New Member Spotlight, and don’t forget to extend a friendly greeting.

As always, I’m here for any questions, comments, or suggestions you might have. Please feel free to reach out.

Julie Ufner, NWC

NWC NEW MEMBER SPOTLIGHT

NWC WELCOMES NEW MEMBER STANLEY CONSULTANTS!  Stanley Consultants is an award-winning, interdisciplinary consulting firm providing program management, planning, design, permitting, engineering, and environmental services. We are recognized for our commitment to client service and a passion to make a difference. We solve complex challenges in power generation and delivery, transportation, water, energy, and industrial plants, building services and the environment. We bring global knowledge, experience, and innovative solutions to our federal, municipal, and industrial clients. Since 1913, Stanley Consultants has successfully completed more than 50,000 engagements in all 50 states, U.S. territories and in 110 countries. We are an employee-owned company, committed to a legacy of professional independence and objectivity. The commitment to private ownership, shared responsibility and rewards and contributing to our communities has sustained us for more than 100 years.

 

MEMBER SPOTLIGHT

BLOG. Biden Administration finalizes revised ESA regulations. According to a April 2, 2024, blog post by Van Ness Feldman, on March 28, 2024, the Biden Administration released three final rules that will revise the Trump administration’s Endangered Species Act changes.  The three final rules that were revised are Section 4, which focuses on critical habitat designation and species listing, Section 7, which focuses on consultation procedures.   Also, Section 4(d) rule which reinstates the blanket 4(d) rule, which provides all threatened species with the same rights as endangered species.  The three final rules will take effect on May 6, 2024.

 

CONGRESSIONAL SPOTLIGHT

Overview. After a two-week recess, Congress is gearing up for a bustling period with both chambers reconvening for a two-week session before taking another break and returning in late April to push through to their August recess. The coming months promise to be action-packed, with the productivity of Congress hanging in the balance due to several factors. These include a limited number of legislative days, dwindling GOP margins in the House, and a potential challenge to Speaker Johnson’s leadership. Notably, the House is set to deliver impeachment articles against Homeland Security Secretary Mayorkas to the Senate, with an expectation that Majority Leader Schumer will seek a swift dismissal. However, this process is anticipated to take at least two days, further constraining the Senate’s capacity for other legislative activities. Additionally, the regulatory landscape is expected to be busy with numerous final regulations anticipated to be released in the next month or so.

With a finite number of legislative days remaining—distinct from calendar days, signifying when Congress is in session for votes—the House and Senate face a crunch time. Before their August recess, the House has 48 days of session compared to the Senate’s 54. From September to the election, the schedule tightens further, with the House in session for 13 days and the Senate for 15. Post-election, Congress is expected to reconvene for a lame-duck session, focusing on finalizing FY2025 appropriations and addressing other pending matters. The duration of this session will hinge on the election outcomes, influencing the legislative agenda’s pace and priorities.

Looking forward, the political landscape suggests ongoing significant disputes over policy and funding, particularly with the FY2025 appropriations and other legislative initiatives, as GOP margins in the House continue to narrow. Currently, the composition of the House stands at 218 Republicans to 213 Democrats, with four seats vacant, leaving the GOP with a slim margin of error. Tensions escalated after House Speaker Mike Johnson opted to pass the FY2024 appropriations bills through a suspension vote, last month, a move that precluded the possibility of amendments. This action prompted Rep. Marjorie Taylor Greene (R-Ga.) to file a motion to remove Mike Johnson as speaker, though she has yet to push for an actual vote on the matter. Greene has indicated this stance could shift, especially if Johnson attempts to introduce a Ukraine aid package after Congress resumes this week—a proposal that lacks support from some Republicans.

FY2024/FY2025 appropriations. Congress has successfully passed, and the president signed into law FY2024 appropriations. Following this, on March 11, the President unveiled his FY2025 budget proposal, initiating a series of hearings with agency officials on Capitol Hill.  These hearings are ongoing. In a significant development, the chair of the House Appropriations Committee, Kay Granger (R-Texas), announced in March her decision to step down from her role earlier than expected, in anticipation of her retirement at the end of her current term. The likely successor appears to be Rep. Tom Cole (R-Okla.) currently the sole candidate for the position, though there are whispers that Rep. Robert Aderholt (R-Ala.) may enter the race, advocating for changes to the appropriations process. Once the new chair is chosen, the FY2025 earmark guidance for Congressional requests should also be released.

In related news, the NWC Navigation Caucus convened last week to discuss FY2025 appropriations. They would be interested in compiling a fact sheet/policy brief on potential NWC requests within the FY2025 and FY2026 appropriations process for navigation and beyond. Should you have any programs you wish to advocate for in the FY2025 appropriations and beyond, feel free to email me. However, just a quick note that NWC cannot endorse specific studies or projects within our membership.

2024 Water Resources Development Act (WRDA).  The Water Resources Development Act (WRDA) is a key legislative measure enacted every two years, authorizing studies, projects, and policies for the U.S. Army Corps of Engineers’ (USACE) civil work program. This authorization represents the initial step in a two-step process required for funding studies and projects, with appropriations being the subsequent phase.

Both the House and Senate have commenced their preparations, inviting submissions from members through an online portal, receiving over 1100 and 1800 proposals, respectively. Early May is the anticipated timeline for the Senate to discuss their bill in committee, expected to emphasize less on policy. The focus, as indicated by the committee, will be on enacting provisions from previous WRDA bills that the USACE has not yet implemented.

Expect a flurry of final regulatory actions in the next month. We’re anticipating a surge in the finalization of agency rules over the next few months, with a peak expected in April, despite the presidential election being more than eight months away. The reason? The uncertainty surrounding not only the outcome of the presidential election but also which party will control Congress in the next session. A significant factor is the Congressional Review Act. This legislation enables Congress to overturn any rule finalized within the last 60 legislative days. This act is applicable at any time but is most commonly invoked during transitions of administrative power or shifts in congressional majority. The critical period of these 60 legislative days is loosely estimated to fall around May or June by experts.

CRS reports of interest. In the last month, the Congressional Research Service (CRS), a nonpartisan research arm of Congress, recently released a number of reports that may be of interest to NWC members:

Future (and Past) Congressional Hearings and Markups of Interest:

 

FEDERAL AGENCY SPOTLIGHT

COAST GUARD

Public Meeting and Comment. Shipping Safety Fairways Along the Atlantic Coast (in person only, April 17, 2024).

The Coast Guard is hosting a public meeting regarding the proposed establishment of shipping safety fairways along the Atlantic coast. The meeting will be held at Stockton University at 6 PM ET on April 17, 2024. The meeting will be held at 101 Vera King Farris Drive, Galloway, NJ 08205 in the L-Wing Building, Classroom 112. The meeting will consist of a brief Coast Guard presentation followed by public comments. This is not a question-and-answer session, but an opportunity for the public to hear from the Coast Guard and to provide feedback on the proposed fairways. The Coast Guard is extending their comment period for their NPRM on Shipping Fairways until May 17, 2024.

Vacancy. National Maritime Security Advisory Committee Vacancies (Applications due before May 28, 2024)

The U.S. Coast Guard is accepting applications to fill seven vacancies on the National Maritime Security Advisory Committee (Committee). This Committee advises the Secretary of Homeland Security, via the Commandant of the U.S. Coast Guard on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and State, local, and tribal governments; relevant public safety and emergency response agencies; relevant law enforcement and security organizations; maritime industry; port owners and operators; and terminal owners and operators.  Those looking to apply must do so by emailing Mr. Ryan Owens with the subject line ‘NMSAC Vacancy Application’ to ryan.f.owens@uscg.mil on or before May 28, 2024.

Solicitation Request. National Boating Safety Advisory Committee Vacancies (Applications due May 1, 2024).

The U.S. Coast Guard is accepting applications to fill four vacancies on the National Boating Safety Advisory Committee (Committee). This Committee advises the Secretary of Homeland Security, via the Commandant of the U.S. Coast Guard, on matters relating to national recreational boating safety. Applications must include: (1) a cover letter expressing interest in an appointment to the National Boating Safety Advisory Committee; (2) a resume detailing the applicant’s relevant experience and (3) a brief biography of the applicant by the deadline on or before May 1, 2024. Applications should be submitted via email with the subject line “Application for NBSAC” to Mr. Thomas Guess at  NBSAC@uscg.mil.

DEPARTMENT OF THE INTERIOR

Nominations Request. Invasive Species Advisory Committee Nominations (Nominations due April 29, 2024).

The U.S. Department of the Interior, on behalf of the interdepartmental National Invasive Species Council (NISC), is looking to appoint new members to the Invasive Species Advisory Committee (ISAC). NSIC provides interdepartmental coordination, planning, and leadership for the Federal Government on the prevention, eradication, and control of invasive species and ISAC advises NISC. Those who are interested in submitting a nomination can do so by submitting a digital application to invasive_species@ios.doi.gov.  Nominations are due on April 29, 2024.

DEPARTMENT OF TRANSPORTATION

Report Announcement. New Data Released Regarding Supply Chains from the FLOW Initiative.

The Department of Transportation announced that the Freight Logistics Optimization Work (FLOW) platform has begun to publish data on inland freight hubs, which includes rail terminal and end destination data.  The data will help avoid potential supply chain problems, and to help FLOW users and lower costs. FLOW includes five of the largest U.S. container ports, seven ocean carriers, and nine out of twenty of the largest import retailers. Those who are interested in joining FLOW will get access to data from the Bureau of Transportation Statistics (BTS).  FLOW works to help smooth out supply chain and commercial areas. FLOW is a successful program to help understand the challenges and insights within the supply chain and how to best address any issues or gaps going forward.

ENVIRONMENTAL PROTECTION AGENCY

Test Order for PFAS. PFAS Test Order Announced for National Testing Strategy

EPA announced the fourth Toxic Substances Control Act (TSCA) test order, to require testing on per- and polyfluoroalkyl substances (PFAS) under the National PFAS Testing Strategy. The test order is EPA’s latest action on the PFAS Strategic Roadmap towards containing PFAS chemicals. This action orders the 3M Company and Wacker Chemical Corporation to conduct and submit testing on the physical-chemical properties of 2-(N-Methylperfluoro-1-octanesulfonamido)ethanol (NMeFOSE) (Chemical Abstract Service Reference Number: 24448-09-7), including testing on the health effects following inhalation of this chemical. NMeFOSE also has been found in the air and biosolids, which is a byproduct of water treatment processes.  NMeFOSE also poses health risks to the environment and individuals, and can even cause cancer.  The EPA is looking into doing testing to have a stronger understanding of these chemicals.  Those looking to submit data can do so by going to www.regulations.gov under Docket ID EPA-HQ-OPPT-2023-0544.

Final Rule. Clean Water Act Hazardous Substance Facility Response Plans (final rule effective May 28, 2024)

The U.S. Environmental Protection Agency (EPA or Agency) is finalizing facility response plan requirements for worst-case discharges of Clean Water Act (CWA) hazardous substances for onshore non-transportation-related facilities that could reasonably be expected to cause substantial harm to the environment by discharging a CWA hazardous substance into or on the navigable waters, adjoining shorelines, or exclusive economic zone. The EPA has established a docket for this action under Docket ID No. EPA-HQ-OLEM-2021-0585. All documents in the docket are listed on at www.regulations.gov.

Information Request. Urban Waters Federal Partnership Program (Comments due May 28, 2024)

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Urban Waters Federal Partnership Program (EPA ICR Number 2801.01, OMB Control Number 2040–NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Data collected under this ICR will assist the Urban Waters Federal Partnership in demonstrating results and carrying out evaluation efforts to ensure continual program improvement. In addition, the data will help the EPA estimate the environmental and programmatic impact of the program and evaluate the health of the partnership at each location. Comments must be received by May 28, 2024, and can be submitted to www.regulations.gov

Under Docket ID EPA–HQ–OW–2024–0087.

FEDERAL EMERGENCY MANAGEMENT AGENCY

Public Comment. FEMA Seeks input on its Updated Design and Construction Code Policy (Comments Due April 26, 2024).

FEMA is looking for public comments on its updated Consensus-Based Codes, Specifications, and Standards for Public Assistance Policy.  The updated policy’s focus aims to increase the resilience of communities which are impacted by presidentially declared disasters and will require the use of hazard-resistant design criteria in the repair and restoration of the damaged infrastructure.  The updated policy makes changes to the policy language, which includes updates to the list of codes, standards and specifications, removes retroactive applicability criteria, and clarifies policy language while maintaining the intent and applicability of the previous policy.  While applicants are not required to adopt these codes, they are required to apply all relevant consensus-based codes, specifications and standards identified in the policy for applicable permanent work restoration projects.  Those interested in submitting comments to FEMA.gov, or by emailing fema-recovery-pa-policy@fema.dhs.gov with “CBCSS Policy” as the subject line.

Funding Update. Amendment for Swift Current’s Second Funding Year to Mitigate Flood Loss.

FEMA made an amendment to the FTY23 funding opportunity, Swift Current, which received $300 million in funding to help support projects to make homes resilient to flooding.  The changes consist of:

  • Structures considered substantially flood-damaged during and after a flood event are eligible for the Swift Current grant opportunity.
  • U.S territories and federally recognized tribal governments are eligible to apply for FEMA assistance within 150 calendar days.
  • The pre-calculated benefits section directs users to FEMA’s benefit-cost analysis webpage for the most up-to-date pre-calculated benefit amounts.

Those eligible can apply on FY 2023 Swift Current grant applications to FEMA via Mitigation eGrants. Upon Swift Current activation, FEMA will provide the application deadline to the applicant. Buildings must be insured through the NFIP to be eligible for this opportunity. Applications are based on rolling admission until the $300 million is disbursed.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Member Solicitation.  Looking for Members for the NOAA Science Advisory Board (Applications due May 9, 2024)

NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long- and short-range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately twenty members reflecting the full breadth of NOAA’s areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency’s missions. Those looking to submit a nomination must do so by May 9, 2024 to noaa.scienceadvisoryboard@noaa.gov.

Information Request.  Data for Marine Spatial Studies for Virginia, North Carolina and South Carolina (Input due April 30, 2024)

NOAA’s National Ocean Service (NOS) National Centers for Coastal Ocean Science (NCCOS) partnered with the Bureau of Ocean Energy Management (BOEM), is working to build spatial planning capacity in the Southeast United States Region (Southeast U.S.). NOAA is seeking public input to identify coastal and marine spatial data or other critical information to inform marine spatial analyses in Virginia, North Carolina, and South Carolina. The input received from the data development workshop meeting, will be used to inform potential coastal and ocean development activities in the Southeast U.S., such as renewable energy development. Interested persons are invited to provide input in response to this notice through April 30, 2024. Those wishing to submit input can do so at www.regulations.gov under the Docket ID NOAA–NOS–2024–0090908.

STATE DEPARTMENT

Public Meeting. Preparation for the International Maritime Organization 111th Session of the Legal Committee (Hybrid, Tues. April 16, 2024).

The US State Department will be hosting a public meeting at 1:00 PM ET on Tuesday, April 16, 2024 at the Coast Guard Headquarters in Washington, D.C. and online via teleconference. The meeting is in preparation for the 111th session of the International Maritime Organization’s Legal Committee, which will be held in London, United Kingdom, from Monday, April 22, to Friday, April 26, 2024. The teleconference line is expected to hold up to 500 meeting participants.  Those who are expecting to attend in person or by the teleconference must RSVP by contacting the meeting coordinator, Mr. Stephen Hubchen at Stephen.k.hubchen@uscg.mil who will provide more information.

Public Meeting. Notice of Shipping Coordinating Committee Meeting in Preparation for International Maritime Organization (IMO) Maritime Safety Committee (MSC 108) Meeting (Hybrid, May 7, 2024).

The Department of State will conduct a public meeting at 09:00 a.m. on Tuesday, May 7, 2024, both in-person at Coast Guard Headquarters in Washington, DC, and via teleconference. The primary purpose of the meeting is to prepare for the 108th session of the International Maritime Organization’s (IMO) Maritime Safety Committee (MSC 108) to be held in London, United Kingdom, from Wednesday, May 15, 2024, to Friday, May 24, 2024. A teleconference line will be provided to those who RSVP to LT Emily Rowan, by email at Emily.K.Rowan@uscg.mil.

U.S. CORPS OF ENGINEERS

Comment Solicitation. Draft of National Levee Safety Guidelines (Comments due July 31, 2024)

USACE and the Federal Emergency Management Agency has released the a draft of the National Levee Safety Guidelines.  The stated goal of the National Levee Safety guidelines aims to provide consistency for building levees and resiliency.  Topics and key points include climate change impacts to levees, the implementation for nature-based solutions, how reduce flooding impacts, and more. Based on comment feedback from stakeholders, USACE has also drafted the Best Practices For Vegetation Management On Levees to help provide guidance with vegetation management with levees. Both documents are available online. Those who are interested in providing feedback can do so by submitting a comment to www.regulations.gov under Docket ID COE-2021-0007. Comments must be received no later than July 31, 2024.

Webinar. USACE hosted a Webinar on Section 408 Program Guides (RESOURCES AVAILABLE)

USACE hosted a public webinar on the Section 408 Program Guide last week to walk through how to use the Section 408 program. This guide was designed as a result of the Sect. 408 listening sessions in the summer of 2024. For more information, or to read the guides, go to the Section 408 website or refer below:

NWC SPOTLIGHT

MEETING. NWC Public member quarterly meeting (Monday, April 15, 2024, 2pm ET). There is a quarterly meeting with NWC public member organizations (states, local governments and special districts) on Monday, April 15 at 2pm ET. If you have not received the calendar invite, and are interested in participating as a public member, please email Julie. Julie will be sharing NWC updates before opening up to the members to discuss what is going on in their region.

INTERESTED IN FEDERAL POLICY ISSUES? Next NWC Legislative Policy Committee Monthly Meeting (Thursday, May 2 at 4pm ET). During these monthly meetings, someone (usually Julie) will give a 60,000 overview on what’s going on in DC that may impact the movement of water/waterways issues before diving into specific issues and having a member roundtable on issues they are following/working on. This call is open to all NWC members.

SAVE THE DATE. NWC Announces 2024 Annual Meeting location and date (New Orleans, September 18-20, 2024). Get ready, NWC will be holding their Annual Meeting in New Orleans on September 18-20, 2024. Registration and sponsorship information will be available soon.

NWC FEDERAL POLICY/ISSUE REQUEST FORM. Submit policy position requests to NWC.

With the invaluable assistance of NWC members Brad Pickel from the Atlantic Intracoastal Waterways Association and Kristin Meira from American Cruise Lines (also the chair of the Navigation Caucus), NWC has developed a form for members to submit federal policy requests. This streamlined process aims to help us better track issues of interest to the membership, enhance the quality of programming during caucus calls and NWC meetings, and allows us to weigh in more accurately and efficiently on federal legislation, regulations, and policies. Access the form at NWC Issue Submittal Form.