NWC Federal Spotlight (August 5, 2022)
Happy National Oyster Day NWC members,
Below are some recent updates about Congressional, federal agency and NWC happenings.
If you have any questions, please do not hesitate to ask. Have a wonderful weekend!
Best, Julie
CONGRESSIONAL SPOTLIGHT
CONGRESS IS WINDING DOWN FOR THE SUMMER. Last week, the House of Representatives adjourned for their August recess, although they may return briefly in August if the Senate successfully can move a modified reconciliation package. The Senate is in this week, although they hope to adjourn for August later this weekend. Yesterday, they passed a Congressional Review Act resolution (S.J.Res. 55) that would revoke an April 2022 final rule on “National Environmental Policy Act (NEPA) Implementation Regulations Revisions.” Sen. Dan Sullivan (R-Alaska), the primary sponsor, argued that the April 2022 NEPA rules would halt projects authorized under the bipartisan infrastructure bill. The bill faces long odds in the House. Now, the Senate’s focus is moving toward the revised reconciliation package before they adjourn for their August recess. Once Congress returns in September, the House has 11 legislative days left and the Senate 27 days before both chambers leave for the campaign trail.
SENATE RECONCILIATION DEAL IS BACK ON AGAIN. So, for over a year, the Senate has been working on moving a reconciliation package through the chamber. Previously called Build Back Better, the package was put on ice last December after Senator Joe Manchin (D-W.Va.) indicated that he had strong concerns. Last week, Senate Majority Leader Chuck Schumer (D-NY) announced that he came to an agreement with Sen. Manchin on new reconciliation language. The Inflation Reduction Act is a scaled-down version of last year’s Build Back Better bill, that would fund various climate and health-related provisions. The Senate is scheduled to take up the bill tomorrow with a potential final vote as early as Sunday…. Assuming they get the go-ahead from the Senate parliamentarian who still must rule on whether several tax and climate provisions are germane to the bill and/or are vulnerable to a Byrd Rule challenge. Under reconciliation rules, provisions in the package must have a direct impact on federal spending or revenues. At this point, Republicans already have stated their plans to offer numerous amendments to significantly change the bill. The bill contains billions of dollars in funding for climate change and health-related items. For more information, click here to view the current text of the bill and relevant summaries.
WATER RESOURCES DEVELOPMENT ACT MOVES CLOSER TO THE FINISH LINE (Side-by-side of House/Senate WRDA bills available). On July 28, the U.S. Senate passed their version of the Water Resources Develop Act of 2022 by a vote of 93-1. While some language in the final bill was different from the language that passed out of the Environment and Public Works Committee, there were not a lot of significant changes. The Senate will now informally conference with the House on the two versions of WRDA 2022. They hope to have a negotiated conference bill done by the end of August with a floor vote in both chambers in September. However, the timing is uncertain at this point due to the upcoming elections and FY2023 appropriations. To see a side by side of the passed WRDA 2022 House and Senate bills, click here.
FY2023 APPROPRIATIONS LIKELY TO BE PUNTED TO AFTER THE ELECTION. As you know, the current fiscal year for federal agency appropriations ends on September 30 and the new FY2023 starts on October 1. To date, the House has passed six of the 12 annual appropriations bills and the Senate none (although draft text for the 12 bills was released last week). At this point, due to the limited time left before the elections and the ongoing debates about which policy riders should (and should not) be included in any final package, it is becoming more likely that Congress will have to pass a Continuing Resolution to extend the FY2022 fiscal year until after the election. Whether they will need to pass multiple CRs, as they have in previous years, is still up in the air and depends on the outcome of the election.
CONGRESS CREATES NEW BIPARTISAN CAUCUS ON DISASTER PREPAREDNESS. In July, a bipartisan group of House members announced the formation of a new Congressional Caucus called the Bipartisan Congressional Disaster Preparedness and Recovery Caucus. According to the founding members, Reps. Troy Carter (D-La.), Carlos Gimenez (R- Fla.), Joe Neguse (D-Colo.) and Nancy Mace (R-S.C.), the caucus will advocate for “disaster preparedness measures and programs to save lives, while readying America’s communities for the disasters ahead. To read more, click here or here.
SENATORS SEND LETTER TO FEMA ON RISK RATING 2.0. Since David Maurstad from FEMA will be speaking at NWC’s Annual Meeting in Houston, Texas this October, I thought you would be interested this letter. On July 27, a letter led by Sen. John Kennedy (R-La.) and signed by Sens. John Cornyn (R-Texas), Ted Cruz (R-Texas), Bill Cassidy (R-La.), Marco Rubio (R-Fla.), Roger Wicker (R-Miss.) and Cindy Hyde-Smith (R-Miss.) was sent to Mr. Maurstad asking FEMA to explain the Risk Rating 2.0 pricing methodology for NFIP premiums. To read the letter, click here.
FEDERAL SPOTLIGHT
CEQ. Comments wanted on Environmental Justice Scorecard (Comments due Oct. 3, 2022). On August 3, the Council on Environmental Quality released a Request for Information (RFI) on the vision, framework and outcomes of the Environmental Justice Scorecard. Comments will be accepted until October 3, 2022. The Scorecard was created as a result of President Biden’s Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad. In the EO, it stated that federal agencies must incorporate environmental justice into their programs, policies and activities. According to the RFI, the scorecard will be used to “detail the efforts of the Federal Government to address historic and current environmental justices.” To learn more about this RFI, click here.
EPA. CYBERSECURITY RULE COMING SOON TO WATER UTILITIES. News sources are reporting that at a Center for a New American Security event earlier this week, Anne Neuberger, deputy national security adviser for cyber and emerging technology at the U.S. Environmental Protection Agency, indicated that EPA would be releasing a rule shortly” to improve cybersecurity at water utility facilities. Stay tuned for more information.
FEMA. FEMA seeks individuals to serve on Technical mapping Advisory Council (Applications due Aug. 8, 2022). The Federal Emergency Management Agency (FEMA) seeks qualified individuals to serve on the Technical Mapping Advisory Council (TMAC) to review and make recommendations to FEMA on matters related to the national flood mapping program authorized under the Biggert-Waters Flood Insurance Reform Act of 2012. Members must be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps. Applicants will be considered for a 3-year appointment for four council vacancies for the summer/fall 2022 term. Applications will be accepted until 11:59 p.m. ET on Aug 8. To learn more, including how to submit an application, click here.
MARAD. U.S. Maritime Transportation System National Advisory Committee MEETING (Aug. 30, 2022). The Maritime Administration (MARAD) announces a public meeting of the U.S. Maritime Transportation System National Advisory Committee (MTSNAC) to discuss advice and recommendations for the U.S. Department of Transportation on issues related to the marine transportation system. Requests to attend the meeting must be received no later than 5:00 p.m. EDT on the prior week Monday, August 22, 2022, in order to facilitate entry. The meeting will be held at the DOT Conference Center located at 1200 New Jersey Ave. SE, Washington, DC 20590. For more information, click here.
USACE. USACE HOLDING LISTENING SESSIONS ON SECT. 408 PERMISSIONS (Comments due Sept. 20, 2022). In advance of a potential rulemaking on Sect. 408 permissions, the U.S. Army Corps of Engineers has announced four virtual listening sessions. The goal of these listening sessions is to hear from people who have applied for Section 408 permissions about their experiences with the program—what works well, what challenges exist, and how USACE can improve the program to better meet stakeholder needs. Under Sect. 408, sponsors and stakeholders must get permission for any activity that impacts/involves a USACE civil works project (i.e.. needing 408 permission to site utility lines on or near the civil works infrastructure). According to NWC’s Sect. 408 working group, in recent years the 408 process has become very complex and “often takes forever.” And even though USACE has finalized 408 guidance (EC 1165-2-220) in the past several years, the 408 permission process has been increasingly run like a formal permitting program, rather than an informal process to get “permission” for an action. Listening sessions will be held at the following dates/times: August 16, 9-10:30 AM ET; August 16, 3-4:30 PM ET; September 1, 9-10:30 AM ET; and September 1, 3-4:30 PM ET. Please click here to register for the session that works best for your schedule. After registering, you will receive more information about how to log into the virtual meeting. For more information about the Sect. 408 program, click here.
USACE. MISSISSIPPI RIVER COMMISSION MEETINGS (Aug 22, 23 and 26, 2022). USACE has scheduled three consecutive Mississippi River Commission Meetings on August 23, 24 and 26—all are open to the public. For more information on times, locations, and agendas, click here.
USCG. National Maritime Security Advisory Committee (Applications due Sept. 6, 2022). The U.S. Coast Guard seeks applications to fill two member vacancies on the National Maritime Security Advisory Committee (Committee). This Committee provides advice and makes recommendations to 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. For further information or how to apply, click here.
NWC SPOTLIGHT
NWC REGIONAL SPOTLIGHT ON TEXAS (IN-PERSON, Wednesday, August 31, 2022). On August 31, 2022, NWC, in conjunction with the Texas Water Conservation Association, is holding their next Regional Spotlight at the Trinity River Authority offices (Thanks TRA!!). The Regional Spotlight series was designed as a way to introduce people to the U.S. Army Corps of Engineers, as well as help build deeper relationships with USACE division and district offices. The meeting itself will be held in Arlington, Texas and we have confirmed a number of division and district commanders and staff for the event which will dive into how to engage better with USACE; USACE permitting and project development process for water and waterways projects. This event will be in-person only—REGISTRATION IS FULL. If you are interested in attending, please add your name to the wait list and we will notify you if a space opens up. To register on waitlist, click here.
2023 REGIONAL SPOTLIGHT? NWC is looking for a NWC member to partner with for our next Regional Spotlight in 2023. Interested? Want to learn more? Contact Julie Ufner at julie@waterways.org.
NWC 2022 ANNUAL MEETING (IN-PERSON, Wednesday, October 26-28, 2022). NWC’s 2022 Annual Meeting is scheduled for October 26-28, 2022, in Houston, Texas. Confirmed speakers include (but are not limited to): Mr. Michael Conner, Assistant Secretary of the Army (Civil Works), U.S. Department of Defense; TBD; incoming Director of Civil Works, USACE; and Mr. David Maurstad, Deputy Associate Administrator for Federal Insurance and Mitigation, Senior Executive of the National Flood Insurance Program, FEMA. Additionally, two NWC caucuses—Navigation and Water Supply—will be holding free-standing caucus meetings on Wednesday, October 26. The Flood Control Caucus is sponsoring the session with Mr. Maurstad. To learn more, click here. To register, click here.
NWC 2023 LEGISLATIVE SUMMIT (IN-PERSON, MARCH 6-8, 2023). NWC will be holding their 2023 Legislative Summit in Washington, DC, March 6-8, 2023, at the Hotel Washington. Primarily programming will occur on March 6-7 with a hill/agency day scheduled the morning of March 8. More information to come.
