NWC Federal Spotlight (August 28, 2025)

Twenty States Sue FEMA Over BRIC Program Cuts. In July, a coalition of 20 states filed a lawsuit against the Federal Emergency Management Agency (FEMA) in the U.S. District Court for the District of Massachusetts. The case, State of Washington v. FEMA (No. 1:25-cv-12006), challenges FEMA’s recent decision to halt the Building Resilient Infrastructure and Communities (BRIC) program, which provides federal funding for pre-disaster mitigation projects. According to the complaint, the plaintiffs argue that the termination of the BRIC program violates Congress’s constitutional authority to direct federal spending and undermines the separation of powers. The lawsuit also questions the legality of two FEMA appointments made under the current administration: Cameron Hamilton, who reportedly ended the BRIC program prior to being dismissed, and David Richardson, who was appointed as his successor. The plaintiffs allege that Richardson did not meet the statutory qualifications and was not confirmed by the Senate, as required under the Appointments Clause. The BRIC program has historically supported a variety of infrastructure and mitigation initiatives, including levees, floodwalls, tornado shelters, seismic retrofits, and soil stabilization. These projects are designed to reduce risks associated with natural disasters. A 2019 study cited in the complaint found that every $1 invested in mitigation projects between 1993 and 2016 resulted in $6 in avoided disaster costs. This legal action follows a broader conversation about FEMA’s role and direction. Earlier this week, Homeland Security Secretary Kristi Noem called for an overhaul of the agency. Additionally, FEMA was previously sued in March by the Corporation for Public Broadcasting over alleged delays in releasing a $40 million grant for emergency alert system upgrades. That case remains pending. FEMA has not yet issued a public response to the latest lawsuit. The states involved are represented by their respective attorney generals.

NEBRASKA FILES LAWSUIT AGAINST COLORADO OVER WATER RIGHTS. Nebraska has filed a lawsuit in the U.S. Supreme Court accusing Colorado of violating the 1923 South Platte River Compact. The state claims Colorado is allowing junior water rights holders to divert water that should flow into Nebraska during the summer irrigation season. The compact guarantees Nebraska 120 cubic feet per second (cfs) in the summer and 500 cfs in the winter, along with additional rights tied to the future Perkins County Canal. Nebraska argues that Colorado’s actions are reducing available water when it is most needed and that delays in agreeing to terms for the canal have obstructed Nebraska’s efforts to secure its share. In 2023, Nebraska approved more than $574 million for the canal project. Colorado officials reject the claims and say they have complied with the compact, warning that litigation and infrastructure demands could cost both states significantly. Because the dispute is between two states, the case falls under the original jurisdiction of the U.S. Supreme Court.

CONGRESSIONAL SPOTLIGHT

OVERVIEW. August recess is almost finished, with Congress members returning to D.C. on September 2. When they return, House members will have just 14 legislative days and Senators 16 before the fiscal year ends on September 30. That is not a lot of time, and the stakes are high to finish FY2026 appropriations. So far, the House has passed only two of the twelve funding bills, while the Senate approved a three-bill package before leaving town. A continuing resolution will almost certainly be at the top of the agenda to keep the government open. Alongside appropriations, the Senate is slated to take up the FY2026 National Defense Authorization Act on September 2, with the House still sorting through amendments. Other floor work, including nominations and routine business, will compete for limited time, but funding deadlines and the NDAA will dominate the September calendar.

STATUS OF FY2026 APPROPRIATIONS. When Congress returns back in September, the biggest thing on their plate is the fiscal year 2026 appropriations.  The fiscal year for the U.S. government ends on September 30, with the new fiscal year beginning on October 1.  While it sounds great on paper, Congress needs to pass 12 appropriations bills to fund the federal government by Oct. 1. None of these bills have been signed into law yet, although they are in various vetting stages in the House and Senate.

This is not uncommon, as over the last several decades, Congress has regularly slipped past the October 1 deadline.  In fact, the last time Congress enacted all 12 appropriation bills by Oct. 1 was in 1996, for fiscal year 1997.  If Congress is unable to pass all 12 appropriations by the September 30 deadline, they have two options: shut down the federal government or pass a Continuing Resolution (CR) bill to keep the government open until a future date.  Shutdowns are never politically popular but do happen. And like in previous years, there are some sticking points, both in terms of overall funding levels and policy riders, that may impact the outcome.

Where do we stand for FY2026 appropriations? The House Appropriations Committee passed their version of the FY2026 Energy and Water bill out of committee before they left for August recess. The Senate has not moved their bill forward. We have heard that subcommittee chair for Energy and Water has raised concerns that the top-line funding level is too high, which has blocked any further progress on the bill. For the House Energy and Water Bill Report language, NWC was able to successfully include several provisions, as highlighted at the beginning of the spotlight. To read about this bill, check out NWC’s July 14, 2025, news alert or here.

To date, the House has officially passed two (Defense; Military Construction, Veteran’s Affairs, and Related Agencies) of the 12 appropriations bills. Nine bills have cleared the House Appropriations Committee and one bill, Labor-HHS-Education has not moved forward.

The Senate has passed three of its 12 appropriations bills (Agriculture, Rural Development, Food and Drug and Related Agencies; Legislative Branch; and Military Construction, Veteran’s Affairs, and Related Agencies). Eight of the bills have been approved by the Senate Appropriations Committee. One bill, the Homeland Security funding bill, has not be marked up.

For a full, updated status report for 2026 Appropriations, please view Congress.gov’s Appropriations Tracker.

PRESIDENTIAL NOMINATION DEVELOPMENTS ON HILL.

New Nominations.  Tim Petty, who is currently serving with the House Transportation & Infrastructure Committee, has been nominated to serve as the Assistant Secretary of Commerce for Oceans and Atmosphere.  In this role, Petty would be responsible for overseeing the National Oceanic and Atmospheric Administration (NOAA), including oversight of weather forecasting and climate science, marine and coastal resource protection, and oversight of NOAA fisheries.  Petty’s nomination has been sent to the Senate Committee on Commerce, Science, and Transportation, with updates in September.

Status of Existing Nominations. Right before the start of August recess, the Senate confirmed several of President Trump’s nominations, including:

•  Adam Telle will serve as Assistant Secretary of the Army for Civil Works with a confirmation vote of 72-22.
• Preston Griffith to serve as the undersecretary at the Energy Department with a final confirmation vote of 54-43.
• Brian Nesvik to lead the Fish and Wildlife Service, with a final vote of 55-41.

WATER RESOURCES DEVELOPMENT ACT 2026—WHAT’S NEXT? The Water Resources Development Act (WRDA) is Congress’s biennial authorization tool for U.S. Army Corps of Engineers water infrastructure projects, studies, and planning, with the next upcoming WRDA for 2026.  The Senate is known for opening its project submission portal early, but this is changing for WRDA 2026, as the House and Senate will be opening project portals simultaneously.  It is expected that WRDA 2026 applications will open around late 2025, or the beginning of 2026.  Now is the time to engage with Corps Division and District staff and ensure that stakeholders are ready for a rapid submission window when the Congressional member-only portal is live.

 FEDERAL GOVERNMENT SPOTLIGHT

 ADMINISTRATION

UPDATE ON REDUCTION IN FORCE (RIFs) AND OFFICE SPACE CLOSURES

Federal agencies are moving forward with workforce reductions and office lease terminations following a series of legal and administrative developments. These changes are impacting staffing, policy roles, and physical facilities across multiple departments, including USACE and other federal agencies.

Supreme Court Okays Workforce Reductions. On July 8, 2025, the U.S. Supreme Court lifted a lower court injunction that had blocked federal agencies from implementing planned reductions-in-force (RIFs). This decision gave agencies the green light to move forward with workforce restructuring plans that had been on hold.

The administration has directed agencies to align workforce capacity with core statutory responsibilities. While many agencies have drafted restructuring proposals, few details have been made public. Federal employee groups remain concerned about the scale of the changes and the potential loss of institutional knowledge, while administration officials argue the reductions are necessary to streamline government and cut costs.

At the U.S. Army Corps of Engineers (USACE), internal leadership has indicated that an internal reorganization is under consideration, though any such move would require higher-level sign-off. Leadership has also shared that by the end of September, USACE expects to lose the equivalent of 47,000 to 48,000 man-hours due to retirements and layoffs already underway.

Although agencies are beginning to act on these plans, much remains uncertain. The full scope of the reductions and their impact on federal missions may not be known for months.

New OPM guidance on RIFs. The Office of Personnel Management (OPM) has released new guidance clarifying how agencies can use administrative leave, particularly in the context of workforce realignments. Under the updated rules, agencies may place employees on administrative leave for up to 12 weeks when addressing realignment needs, such as reductions-in-force (RIFs) or deferred resignation programs. This flexibility is in effect now, with new caps scheduled to take effect in January 2026. This change follows earlier efforts to place limits on administrative leave, such as the December 2024 rule that capped administrative leave for investigations at 10 days per year. The new guidance reflects the administration’s intent to give agencies additional tools to manage staffing changes and transitions. While these updates expand the use of paid administrative leave in the short term, agencies will face new limits starting next year. Federal employees should stay tuned for additional OPM guidance as these policies are implemented.

The role of A.I. in addressing staffing shortages. To address the staffing shortages caused by the RIFs, the Trump administration has been looking into AI as a way of making up employees across federal agencies. Administration officials have mentioned that AI can be used as a way to automate manual, repetitive tasks, and is a helpful tool when faced with doing more with less.  Some are hopeful that this change will help support federal employees and that federal employees need to take full advantage of the capabilities that AI has to offer.  Others are more skeptical of the approach, citing concerns that AI doesn’t have all the nuance and experience that federal employees hold, along with concerns regarding data leaks.  While AI’s role in the government is still in its early stages, the role of AI in the government is something that we will be seeing in the coming future.

RECENT EXECUTIVE ORDERS, PROCLAIMATIONS, AND MEMOS

• EXECUTIVE ORDER ON GRANT OVERSIGHT. On August 7, 2025, President Trump signed an Executive Order entitled, “Improving Oversight of Federal Grantmaking, “which requires for all federal grant funding to be approved by political appointees. In addition, this order mandates that funding opportunity announcements and grant awards undergo additional review by both appointees and subject matter experts.  There are some federal agencies that do this, as the EPA now requires DOGE signoffs for transactions over $60,000.  NOAA is now required for all contracts over $100,000 to be signed off by the Commerce Secretary.  However, for many federal agencies, this will be a huge change and will create administrative delays that have grants.

• BRIEFING AND STATEMENTS. Presidential Message on the 235^th Birthday of the United States Coast Guard.  On August 4, 2025, President Trump issued a statement regarding the 235^th birthday of the United States Coast Guard. The president emphasized the important role that the Coast Guard plays in protecting the U.S. and its waterways from harm from abroad, especially regarding cracking down on illegal drugs entering the United States, and the disaster recovery work that they did in Texas after the floods.  In the statement, Trump ensured that he would prioritize making sure that the Coast Guard has the resources needed in the future.

• EXECUTIVE ORDER. Accelerating Federal Permitting of Data Center Infrastructure. On July 23, 2025, President Trump issued an Executive Order highlighting the role that artificial intelligence (AI) will play in the future of the United States, and the robust need for data centers.  The order emphasizes the importance that data centers play in achieving U.S. security, scientific insights, and more.  The order emphasizes building as many data centers as possible and building them on federal lands.

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BUREAU OF RECLAMATION

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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DEPARTMENT OF TRANSPORTATION

NATIONAL FREIGHT STRATEGIC PLAN (NFSP) COMMENT LETTER SUBMITTED.  On August 12, NWC submitted a comment letter in response to the U.S. Department of Transportation’s National Freight Strategic Plan request for input.  The letter focuses on three themes: recognition of the inland waterways system as a critical component of the national freight network, not just coastal ports and highways.  The need for better integration and coordination with USACE, especially in planning and funding freight-related infrastructure tied to navigation and lock-and-dam systems. And lastly, support for regional and multi-modal freight solutions, with a call for DOT to coordinate more directly with non-federal sponsors and local stakeholders for inland regions.

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ENVIRONMENTAL PROTECTION AGENCY (EPA)

NOTICE OF FUNDING OPPORTUNITY. Funding Opportunity to Protect Drinking Water Sources. (Applications Due October 6, 2025).  The EPA announced a notice of funding opportunity with the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program.  The grant will provide over $9.5 million in funding for 6 communities for the planning, design, construction, implementation, operation, or maintenance of a program or project that protects drinking water sources from natural hazards, extreme weather events, and cybersecurity threats. Eligible applicants include public water systems that serve over 10,000 individuals or more.  Those interested must submit applications through grants.gov, under the opportunity number EPA-OW-OGWDW-25-01 by October 6, 2025.

RULE WITHDRAWN. Proposed Rule on Protecting Emissions Accounting is Withdrawn.

The Environmental Protection Agency has withdrawn the proposed rule, “Prevention of Significant Deterioration and Nonattainment New Source Review: Regulations Related to Protect Emissions Accounting”.  The EPA had published the proposed rule back in May 2024, but based on public comment submissions, it was determined that the proposed rule would add an additional burden to entities that implement the New Source Review (NSR) regulations for emissions.  The withdrawal of the rule went into effect on July 21, 2025.

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GOVERNMENT ACCOUNTING OFFICE (GAO)

REPORT. Water Infrastructure Resilience: Agencies Could Better Assess Efforts to Assist Communities Vulnerable to Natural Disasters (Aug. 11, 2025). In August 2025, the Government Accountability Office (GAO) released a report examining how the EPA, FEMA, and USDA have used financial assistance — from grants to direct loans — to fortify drinking water and wastewater systems between fiscal years 2014 and 2023. While federal investments have reached into the billions, rural, low-income, and otherwise vulnerable communities continue to face significant barriers to accessing this aid. GAO emphasizes that agencies could improve outcomes by better tracking program recipients, ensuring application processes are more accessible, and leveraging tools like water service–area mapping to make benefits more visible and equitable,

REPORT. GAO Urges MARAD to Improve Oversight of Shipbuilding Support Programs ( June 30, 2025). A new GAO report finds that the Maritime Administration’s (MARAD) four financial assistance programs, including the Small Shipyard Grant Program and a tax deferral initiative, lack clear goals and performance measures. As a result, the agency cannot determine whether these programs effectively support U.S. shipbuilding and vessel operations. GAO recommends that the MARAD establish measurable objectives, assess program outcomes, improve transparency in award decisions, and provide better feedback to applicants.

REPORT. GAO Finds Coast Guard Cutter Maintenance Falling Behind (June 25, 2025). A new GAO report finds the U.S. Coast Guard is struggling to maintain its fleet of 241 cutters due to rising deferred maintenance, equipment failures, and workforce shortages. Between fiscal years 2018 and 2023, serious maintenance issues increased by 21 percent. In 2024 alone, the Coast Guard deferred 179 million dollars in maintenance, nearly nine times the amount deferred in 2019. GAO recommends that the service systematically collect and assess data on deferred maintenance, obsolete parts, and staffing levels to better prioritize resources and improve operational readiness.

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MARITIME ADMINISTRATION (MARAD)

NOTICE OF FUNDING OPPORTUNITY. Port Infrastructure Development Grant 2025 NOFO EXTENDED. (Applications DUE September 10, 2025.) MARAD has extended the Port Infrastructure Development Grant FY 2025 NOFO until September 10, 2025.  The Infrastructure Investment and Jobs Act provided $2.25 billion USD for the PIDP program for five years (2022-2026.) $450 million dollars from the IIJA has been made available for FY25, along with an additional $50 million for the PIDP from the Full-Year Continuing Appropriations and Extensions Act for a combined total of $500 million available for FY 2025.  The grant was

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MEETING. NOAA Schedules IOOS Advisory Committee Virtual Meeting (July 21 and July 23, 2025). NOAA’s National Ocean Service has announced a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS) Advisory Committee, scheduled for July 21 (1:00 to 3:00 p.m. EDT) and July 23 (3:00 to 5:00 p.m. EDT). The meeting is open to the public, and opportunities will be provided for oral and written comment. Written statements must be submitted by July 11 at 11:59 p.m. EDT. IOOS is a nationwide partnership led by NOAA that integrates and delivers ocean, coastal, and Great Lakes data in real time. It connects satellites, buoys, coastal radars, underwater gliders, and other tools to monitor and forecast environmental conditions. Through 11 regional associations, IOOS supports marine navigation, weather and climate forecasting, coastal resilience planning, and emergency response, providing critical information for federal agencies, researchers, industry, and communities. The advisory committee will review its proposed work plan and receive updates from NOAA and partner organizations. Stakeholders are encouraged to attend and contribute feedback to help guide IOOS’s strategic direction and coordination efforts.

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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

REVERSAL OF POLICY. Recession of Advisory Bulletin on Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020. The Pipeline and Hazardous Materials Safety Administration (PHMSA) is rescinding a previously issued advisory bulletin and related policy statements concerning section 114 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act). This section had amended inspection and maintenance provisions under 49 U.S.C. § 60108, which governs safety requirements for gas, hazardous liquid, carbon dioxide, and LNG pipeline facilities. PHMSA is withdrawing its earlier interpretations and guidance on this section, signaling a shift in how it will apply or enforce these provisions moving forward. For questions, stakeholders can contact Cameron Satterthwaite via email at cameron.satterwaite@dot.gov.

FINAL RULE. PHMSA Embraces Remote Sensing for Pipeline Patrols (Effective Oct. 9, 2025). The Pipeline and Hazardous Materials Safety Administration (PHMSA) has finalized a direct final rule that officially allows pipeline operators to use remote sensing technologies, including unmanned aerial systems (drones), satellites, thermal imaging, lidar, and other sensors—to meet right-of-way patrol requirements under 49 CFR parts 192 and 195. The rule emphasizes that these technologies are considered equivalent to traditional walking, driving, or flying inspections. Published July 1, the rule becomes effective October 9, 2025, unless significant adverse comments are submitted by September 2, 2025, in which case PHMSA would respond before proceeding further. Operators are expected to deploy continuous monitoring systems or periodic surveillance that meet existing patrol intervals already required for gas and hazardous liquid pipelines.

FINAL RULE. PHMSA Adjusts Pipeline Incident Reporting Thresholds (Effective Oct. 9, 2025). The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule revising the property damage thresholds that determine when pipeline incidents and hazardous liquid accidents must be reported. Effective October 9, 2025, the rule raises the minimum threshold from the current level to $149,700, based on an inflation-adjusted formula tied to the Consumer Price Index. Under the revised rule, PHMSA will use a published formula annually to update the threshold each July 1, with changes posted to its website and included in future Federal Register notices. The adjustment excludes costs related to lost product, permitting, removal of undamaged non-operator infrastructure, and cleanup. PHMSA says the amendment clarifies which damages count toward reporting requirements and updates outdated thresholds without adding new obligations. Because it refines existing definitions and responds to statutory inflation mandates, the rule was issued without prior notice and comment under the Administrative Procedure Act.

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U.S. ARMY CORPS OF ENGINEERS

INTERIM FINAL RULE. USACE Procedures for Implementing the National Environmental Policy Act (NEPA). (Comments Due August 1, 2025). USACE has issued an interim final rule updating its agency-specific procedures for implementing the National Environmental Policy Act (NEPA), as required by the Fiscal Responsibility Act of 2023 and CEQ’s 2023 NEPA regulations. The updated procedures aim to ensure compliance with the new statutory timelines and page limits, promote efficiency and transparency in decision-making, and clarify the roles of USACE as a lead, cooperating, or joint lead agency. This rule includes provisions to streamline environmental review processes for certain categories of projects, such as maintenance dredging, levee work, and Section 408 permissions. It also revises definitions, categorical exclusions, and public involvement requirements to better align with modern environmental and administrative practices. USACE is accepting public comments through Friday, August 1, 2025. Comments should be submitted to regulations.gov under docket number COE-2024-0005 or emailed to nepa@usace.army.mil with the docket number in the subject line.

INTERIM FINAL RULE. USACE Removes Agency-Specific NEPA Regulations (in effect on July 3, 2025; comments must be received by Aug. 4, 2025). USACE has issued an interim final rule removing its Civil Works specific NEPA regulations – 33 CFR Part 230 and associated Engineering Regulation 20022 – with immediate effect as of July 3, 2025. This follows a Department of Defense directive directing all military services to repeal redundant agency NEPA rules, and is consistent with the removal of CEQ’s own NEPA procedures from the Code of Federal Regulations. USACE will now rely on the revised NEPA procedures under the Department-wide Defense guidance and the updated CEQ regulations, choosing flexibility and efficiency over formally codified procedures. The Corps has retained categorical exclusions formerly part of Part 230 to ensure continuity during the transition. Although the rule is effective now, USACE is requesting public input on whether rescinding Part 230 is appropriate, and on how it should shape future NEPA-related procedures or guidance. Public comments are accepted through August 4, 2025, via Regulations.gov under docket COE20250007, or by email to CEHQ NEPA@usace.army.mil

PROPOSED RULE. Reissuance and Modification of Nationwide Permits. (Comments Due July 18, 2025.) The Corps is proposing to reissue its existing Nationwide Permits (NWP) and associated general conditions and definitions with some modifications, providing more simplicity and clarity with an expedited permit, with the intent to reduce burdens on the public to ensure continued compliance with statutory requirements. The Corps is also proposing to issue a new nationwide permit that would authorize activities to improve the passage of fish and other organisms through dams. The permitting updates would streamline the permitting process for those applying for permits, which would expedite federal infrastructure grants and projects. USACE is opening a 30-day comment period on the proposed NWPs. Those interested in submitting comments must do so by Friday, July 18, 2025, at regulations.gov under the docket number COE-2025-0002, or can send an email to 2025nationwidepermits@usace.army.mil with the docket number in the subject line.

U.S. ARMY CORPS OF ENGINEERS

USACE LEADERSHP UPDATES. On July 31, 2025, the U.S. Army Corps of Engineers bid a fond farewell to Mr. Eddie Belk Jr., Director of Civil Works. At his retirement celebration, Major General Jason Kelly reflected on Mr. Belk’s career, noting that “He has directed the nation’s water resources program with vision, driving the delivery of nearly 60 billion dollars in projects.” Mr. Belk began his career as a temporary GS-9 in the Memphis District and went on to lead the entire Civil Works Directorate. NWC joins many across the water community in thanking him for his decades of service and leadership. For those interested in learning more about his career, check out the podcast episode Inside the Castle – EP 162, Mr. Edward Belk, Director of Civil Works from the Defense Visual Information Distribution Service. Following Mr. Belk’s retirement, USACE designated Ryan Fisher as the Interim Director of Civil Works, effective August 1. This appointment is set for 120 days, and Mr. Fisher has expressed his interest in remaining in the role. Additional leadership changes may occur at the end of the fiscal year, although retirements anticipated for September 30 have not yet been formally confirmed.

USACE ISSUES GUIDANCE ON REFERENCE CLASS FORECASTING FOR PROJECT PLANNING. On August 19, 2025, the U.S. Army Corps of Engineers issued guidance from the DCG-CEO directing the use of reference class forecasting in Vertical Team Alignment Memorandums and feasibility study exemptions. The memo emphasizes that project teams must base their cost and schedule estimates on data from at least ten comparable projects, preferably within the same business line, rather than relying solely on internal projections or assumptions. This approach is intended to improve the accuracy of forecasts, reduce optimism bias, and strengthen decision-making by grounding estimates in historical outcomes. The guidance reflects the Corps’ broader effort to increase accountability and ensure more reliable planning and delivery of civil works projects.

IMPLEMENTATION GUIDANCE FOR FEDERAL INTEREST DETERMINATIONS UNDER WRDA 2022 & 2024. On July 28, 2025, the Assistant Secretary of the Army for Civil Works issued updated implementation guidance for Section 905(b) of the Water Resources Development Act (WRDA) of 1986,  now also amended by WRDA 2022 (Section 8156) and WRDA 2024 (Section 1142). This guidance clarifies that any new-start feasibility study included in an appropriations work plan must begin with a Federal Interest Determination (FID) at no more than $300,000 and completed within 120 days of receiving funding and consent from a non‑Federal interest (NFI). It also reaffirms that FIDs are only applicable to new feasibility studies, not watershed or reevaluation studies, and can proceed with or without an existing Feasibility Cost Share Agreement, provided the FID wraps up before the Alternatives Milestone Meeting. The guidance further mandates reporting to NFIs if no Federal interest is found, and tasks Corps districts with semiannual reporting on FID progress, while setting forth a 30‑day post‑issuance posting requirement for transparency,

DCG-CEO DIRECTIVE: ENFORCE 35 % DESIGN MATURITY AND CLASS 3 COST ESTIMATES IN FEASIBILITY STUDIES. On August 7, 2025, U.S. Army Corps of Engineers leadership issued interim guidance requiring that final feasibility reports for Civil Works studies must demonstrate a minimum of 35 % engineering design maturity or meet a Class 3 cost estimate, whichever standard is more stringent, to be eligible for advancement. This benchmark ensures studies are grounded in a realistic level of technical and cost precision. Notably, the exact definition of “35 % design maturity” aligns with the metrics detailed in Engineering & Construction Bulletin 2023‑9: Civil Works Design Milestone Checklists (Revision 1, dated July 29, 2025). The guidance remains in effect until an updated Engineer Regulation (ER 1110‑2‑1302) on Civil Works Cost Engineering is published.

DCG-CEO INTERIM DIRECTIVE PAUSES FINAL FEASIBILITY REPORTS FOR LARGE-SCALE NON-STRUCTURAL MEASURES. On 6 August 2025, the U.S. Army Corps of Engineers issued interim guidance, signed by the Deputy Commanding General for Civil and Emergency Operations, mandating that feasibility study teams pause completion of final feasibility reports for projects involving large‑scale non‑structural measures, such as elevating or flood‑proofing multiple structures. The memo also requires that each study include a Nonstructural Implementation Plan, detailing measures like elevation, dry/wet floodproofing, acquisition, or relocation, and outlines expectations for the development of implementation plan templates, feasibility‑level cost considerations (including risk‑informed cost and schedule analysis templates), and real estate coordination procedures for homeowner engagement.

NWC NEPA COMMENTS SUBMITTED.  NWC submitted a comment letter to USACE with two NEPA-related proposals: Procedures for Implementing NEPA (33 CFR Part 230), and Policy for Implementing the Corps’ Civil Works Program NEPA Regulations. The comment letter primarily focused on the impacts of the proposed changes on the Section 408 program, which includes the risk of misapplying NEPA requirements to 408 permissions, which are fundamentally different from project authorizations or funding actions.  The need for clarification on when and how NEPA applies in the context of 408, especially for maintenance, repair, and small-scale improvement projects initiated by non-federal sponsors. And finally, concerns that the proposed rules could unintentionally delay project reviews or discourage sponsor-led innovation, especially when there’s no federal authorization involved.

MEETING ANNOUNCEMENT. Western Water Cooperative Committee.  (September 4, 2025). On September 4, 2025, the U.S. Army Corps of Engineers will be hosting its very first virtual meeting of the Federal Advisory Committee Western Water Cooperative Committee (WWCC).   This meeting will give USACE and Western U.S. States the opportunity to discuss USACE operations, projects, water rights, and water laws of the Western United States. Those interested in attending can check the WWCC’s website for updates, registration, and the meeting itinerary. NWC submitted comments ahead of this meeting.

PUBLICATION. Updated Navigation Strategic Framework.

The U.S. Army Corps of Engineers has released their newly updated Navigation Strategic Framework. This framework establishes both short-term and long-term goals and identifies the critical activities necessary to deliver the future of navigation. The goals, lines of effort, and supporting objectives outlined in the Navigation Strategic Vision are closely aligned with the Chief’s Campaign Plan and the Four Pillars of USACE Civil Works.  USACE encourages members to take a look and see how current navigation projects are meeting the mission of USACE navigation today.  The navigation mission of USACE is to provide safe, reliable, efficient, effective and environmentally sustainable waterborne transportation systems for movement of commerce, national security needs, and recreation.