NWC FEDERAL SPOTLIGHT (Jan. 30, 2024)

Happy end-of-January NWC members,

As we stand on the cusp of February, a time when winter’s grip may loosen or tighten, the anticipation surrounding Groundhog Day is not the only force at play. In a parallel dance with the whims of Punxsutawney Phil, the halls of Congress echo their push-and-pull dynamics. Just as the groundhog emerges from its burrow, casting a shadow that hints at the duration of winter, our representatives in Congress grapple with decisions that will shape the future of our nation. Read more about it in the Congressional Spotlight.

On the federal agency front, agencies have several meetings, regulations, and other things coming down the pike. Read about it in our Federal  Agency Spotlight.

Curious about what our members are focusing on? Check it out in our NWC Member Spotlight.

Under the NWC Spotlight, we have A LOT to report:

  • First, for our Legislative Policy Committee (LPC) call on Thursday, Feb. 1 at 4pm ET, we have a special guest, Mr. Eric Bush, Chief of Planning and Policy (Civil Works), USACE, to talk about his 2024 priorities at the U.S. Army Corps of Engineers. All NWC members are welcome, regardless of membership on LPC.
  • Second, NWC has welcomed a new intern, Thomas Shepherd, who will be with us until the end of April and would love a few minutes of your time to talk about the what’s and whys of what you do, including how you got into your respective fields.
  • Third, you already know that our Legislative Summit is coming up next month in Washington, DC but I bet you didn’t know we signed the contract for our 2024 NWC Annual Meeting in mid-September. Do you know when and where it will be? Hint: A city alive with jazz and the savory scent of Cajun cuisine, vibrant streets reveal historic architecture and lively markets. From second-line parades to soulful jazz clubs, the atmosphere exudes a unique rhythm. Mardi Gras beads dangle, embodying a place where time stretches to celebrate diverse traditions and the spirited essence of a music-infused culture.

As always, if you have questions, comments, suggestions or a good (clean) joke, please do not hesitate to contact me.

Julie Ufner, NWC

 NWC MEMBER SPOTLIGHT

BLOG. Housing Shortage Solution—Less Wetlands Jurisdiction? (Dawson and Associates)

The Waters of the United Status (WOTUS) saw multiple policy changes in 2023 with the landmark decision in Sackett v. the Environmental Protection Agency. The outcome is that fewer wetlands would be considered jurisdictional and wouldn’t need federal permits for impact. The Dawson and Associates blog talks about wetlands jurisdiction and what that means going forward in addressing the housing shortage and provides two recommendations for developers: plan on building around wetlands and invest the time and money in acquiring the right permits and pay to mitigate wetland impacts.  2024 could bring changes to WOTUS definitions and jurisdiction, confusion for construction and engineering, and the presidential election urges caution and careful thought when working on federal water and environmental policies.

BLOG. FY 2023 FERC Actions Signal Potential Uptick in Enforcement Actions (Van Ness Feldman)

NWC Member VanNess Feldman has shared an article about the Federal Energy Regulatory Commission (FERC)’s approved two consent agreements in 2024– Linde, Inc. and Northern Indiana Public Service Company, and Vitol Inc. and Frederic Corteggiano – which resolved enforcement actions resulting in substantial civil penalties and disgorgements for violations of market rules and market manipulation. Both actions follow FERC’s continued trend in 2023 of aggressive enforcement initiatives focused on policing jurisdictional energy markets. VanNess Feldman’s article discusses the consent agreement details, what actions to expect from FERC in 2024, and provides recommendations on how to navigate enforcement risks.

 

CONGRESSIONAL SPOTLIGHT

 Overview. Both the House and Senate are juggling a monstrous agenda for FY 2024 appropriations, border security, funding deals for Ukraine and Israel, and the Water Resources Development Act (WRDA) bill.

While Congress passed another short-term Continuing Resolution (CR) to keep the federal government funded until March, the vote was opposed by the Republican conservative flank, foreshadowing the challenges that House Speaker Mike Johnson (R-La.) will face in March when the CR is up again.

In January 2023, the Republicans assumed control of the House with one of the narrowest margins in history, 222-213. Over the past year, this margin has further diminished due to resignations, medical absences, and an unusual expulsion, resulting in a current tally of 219-213 for the Republicans. The House faces three vacancies (Rep. George Santos (R-NY expelled on 12/1/23, with a special election set for Feb. 13); Rep. Kevin McCarthy (R-Calif.) resigned on 12/31/23; and Rep. Bill Johnson (R-Ohio) resigned on 1/22/24), along with two Representatives on medical leave (Rep. Hal Rogers (R-Ky) due to a car crash, and Rep. Steve Scalise (R-La.) undergoing a stem cell transplant). These developments leave Speaker Johnson with limited flexibility to address contentious issues within an increasingly divided party that lacks consensus on matters such as overall spending, budget cuts, and funding agreements for Ukraine and Israel.

Status of FY2024 Appropriations.  The 2024 fiscal year for the federal government commenced on October 1, 2023. Nevertheless, as of now, no funding bills have been enacted into law. Consequently, Congress has approved multiple Continuing Resolutions (CR) to maintain the operations of the federal government. The most recent CR was approved on January 18, extending the deliberations until March. Following a two-tier strategy, four typically uncontroversial bills have been combined for a March 1 deadline, while the CR for the remaining eight bills expires on March 8.

Under the first tier on March 1, the generally non-controversial appropriations bills (although not this year—agriculture and the transportation bills have had some controversies) for agriculture, energy/water, transportation-housing and urban development, and veterans affairs.  The remainder of the bills are slated for the second tier March 8 deadline.   The House has still only passed 7 of the 12 Appropriations bills to the Senate’s 3.   The Jan 18 CR passed with mixed opinions. The conservative flank wants more cuts, and others just want to finish the bills. And looming on the horizon are the automatic across the board spending cuts agreed to as part of last year’s debt ceiling agreement if FY2024 appropriations is not completed by the mid/end of April.

With the Senate only having 11 days and the House 9 legislative days left until the March 1 deadline, there is not a lot of time to come to agreement. Although a top line spending agreement of 1.59 trillion ($886 billion in defense spending and $773 billion in nondefense spending) was announced earlier this month, no movement could occur on the bills until appropriators could agree on the allocations. Sources have noted that late last week Senate Appropriations Chair Patty Murray (D-Wash.) and House Appropriations Chair Kay Granger (R-Texas) have come to agreement, although the allocations for each of the 12 appropriations bills have not been released yet.

The continued delay of the FY2024 appropriations will most likely result in a delay of the FY 2025 President’s budget request, which is usually released in February.

Water Resources Development Act (WRDA).  The beginnings of a 2024 WRDA bill have been started in the House and Senate.  The Senate is currently underway reviewing the 1,100 submitted inquiries.  The House of Representatives Transportation and Infrastructure Committee Portal closed to member submissions on Friday, January 26, 2024.

On Jan. 17, 2024, the Water Resources and Environment Subcommittee (House Transportation and Infrastructure Committee) held a hearing titled, “Proposals for a Water Resources Development Act of 2024: Member’s Day Hearing.”  Congressional members testified on a range of local and regional projects, studies, modifications, and federal policy changes in the realm of aging infrastructure, flood control, stormwater systems, navigation, and more.  Several members also addressed the new emerging threat of toxic algae blooms, which is defined as an ‘overgrowth of algae’, which can have negative consequences on the local community and economy.

Both chambers are aiming to have their draft WRDA bills ready by mid-late spring with committee action in late spring/early summer and floor votes in early or mid-summer. At that point, the chambers will move their respective WRDA bills to a conference committee to iron out the differences (rarely do the House and Senate pass the same WRDA language). Both chambers hope to have a vote on the WRDA conference report and signed into law before the general election

Tax bill introduced in the House. On January 23, the House Ways and Means Committee approved the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024).  It now moves to the House floor for consideration. The bill increases and modifies child tax credit provisions and increases depreciation allowances and includes tax relief provisions for those who have suffered losses from natural disasters and wildfires.

Congressional Hearings and Markups of Interest:

  • Menace on the Red Sea: Securing Shipping Against Threats in the Red Sea (Tuesday, Jan. 30, 2024 at 10am ET). House Transportation and Infrastructure Committee’s Coast Guard and Maritime Transportation Committee.
  • Exposing President Biden’s Plan to Dismantle the Snake River Dams and the Negative Impacts to the United States (Tuesday, Jan. 30 at 10:00am ET). House Energy and Commerce Committee’s, Energy, Climate and Grid Security Committee
  • From Risk to Resilience: Reauthorizing the Earthquake and Windstorm Hazards Reduction Programs (Tuesday, Jan. 30 at 2:00pm ET).  House Committee’s Science, Space and Technology’s Research and Technology Committee.
  • Committee markup on Clean Water-related issues (Jan. 31, 2024 at 10am ET). Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) announced that the full Committee will hold a markup at 10:00 a.m. ET on Wednesday, January 31, 2024. The Committee will consider legislation to reform and restore permitting processes under the Clean Water Act (CWA), reducing overburdensome regulatory requirements, protecting from frivolous lawsuits, and increasing transparency, while continuing to protect clean water.  The Committee will also consider bills to improve rail transportation access for people with disabilities, and to improve FEMA consideration of wildfire mitigation projects. More information about the markup, including full legislative text and a link to the live webcast, will be posted here as it becomes available.

 

FEDERAL AGENCY SPOTLIGHT

 

COAST GUARD

NOTICE OF PROPOSED RULEMAKING. Shipping Safety Fairways Along the Atlantic Coast (Comments due April 18, 2024).  

The U.S. Coast Guard is proposing to establish shipping safety fairways ‘fairways’ along the Atlantic Coast of the United States, which was identified in the Atlantic Coast Port Access Route Study.  Fairways would preserve the safe and reliable transit of vessels along well-established traffic patterns and routes.  While vessels are not required to use them, fairways are designed to keep traditional navigation routes free from fixed structures that could impede other shared offshore activities.  With an increasing interest in offshore commercial development, the Coast Guard believes that this can be best developed and is best served by the establishment of consistent and well-defined fairways.  The proposed fairways would help ensure that offshore developments remain viable by allowing developers to construct and maintain installations without the risk of impeding vessel traffic. Comments can be made on www.regulations.gov under the docket number USCG-2019-0279 by April 18, 2024.

MEETING NOTICE.  Public National Offshore Safety Advisory Committee meeting (in-person, March 12-13, 2024).

The National Offshore Safety Advisory Committee will conduct a series of meetings over 2 days in New Orleans, La. to discuss matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources, and to the extent that such matters are within the jurisdiction of the U.S. Coast Guard.  The National Offshore Safety Advisory Committee’s subcommittees will meet on Tuesday, March 12, 2024, from 12:30 p.m. Central Daylight Time (CDT).  The full committee will meet on Wednesday, March 13, 2024, and will start from 8:00 AM to 5:00 PM CDT.  Those looking to submit comments to the committee can submit them no later than February 28, 2024, to www.regulations.gov under the Docket ID: USCG-2023-0924. The meeting will be held at the Renaissance New Orleans Pere Marquette French Quarter Area Hotel,817 Common Street, New Orleans, LA 70112-2307.

 

COUNCIL ON ENVIRONMENTAL QUALITY

COMMENT PERIOD EXTENSION. Comment Period Extension for Phase One of the Environmental Justice Scorecard (Comments due Feb. 22, 2024).

The Council on Environmental Quality (CEQ) published a request for information to solicit feedback on Phase One of the Environmental Justice Scorecard, which will inform future versions of the Environmental Justice Scorecard.  The comment period has been extended for an additional 30 days until February 22, 2024.  Those looking to submit comments can do so at www.regulations.gov under the docket ID number CEQ-2023-0005.

 

ENVIRONMENTAL PROTECTION AGENCY

DEPARTURES. Office of Water head departs.

EPA’s water head, Radhika Fox, exits her role after three years, leaving at the end of Feb. Her tenure encompassed safeguarding drinking water, rivers, and wetlands, notably overseeing the removal of “forever chemicals” from drinking water and tackling wetland oversight challenges post-Supreme Court ruling. Confirmed with bipartisan support in 2021, Fox previously led the U.S. Water Alliance and held positions at the San Francisco Public Utilities Commission. While her departure reason wasn’t provided, Fox highlighted her pride in advancing clean water accessibility. There is no announcement yet on a potential replacement.

MEETING NOTICE. National Drinking Water Advisory Council (virtual, Jan. 31, 2024).

The U.S. Environmental Protection Agency’s (EPA) Office of Ground Water and Drinking Water is announcing a meeting of the National Drinking Water Advisory Council (NDWAC or Council) on Jan. 31, 2024. The meeting’s main purpose is for EPA to consult with the NDWAC as required by the SDWA on a final National Primary Drinking Water Regulation: Lead and Copper Rule Improvements. Additional details will be provided in the meeting agenda, which will be posted on EPA’s NDWAC website prior to the meeting.

MEETING NOTICE. Farm, Ranch, and Rural Communities Advisory Committee Public Meeting (virtual and in-person, Jan 30-31, 2024).

The Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) is hosting a public meeting on Tuesday, January 30, to Wednesday, January 31, 2024.  The FRRCC will provide policy advice, information, and recommendations to the Administrator on various environmental issues and policies important to agriculture and rural communities.  The meeting will be held at 330 E Palace Avenue, Santa Fe, NM, 87501.  Those looking to attend virtually can do so through Zoom.  The link to register for the online meeting and agenda can be found at https://www.epa.gov/faca/frrcc.

 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

REPORT. Office of the Flood Insurance Advocate’s FY 2022 Annual Report Released.

FEMA released the Office of the Flood Insurance Advocate’s (OFIA) Insights and Recommendations Fiscal Year 2022 Report, which focuses on ways to improve the customer experience for the National Flood Insurance Plan (NFIP). The report offers programmatic process changes to address lapses in flood insurance coverage and advocates for more mitigation information to help customers know how to reduce their flood risk.  FEMA received over 1,000 customer inquiries about components within the NIFP.  The report identified four categories to improve NFIP, which include: communicating premium pricing, flood insurance communication mailings, consequences of a lapse at the time of renewal, and frustration with understanding how to reduce flood insurance premiums.

FEEDBACK NEEDED. FEMA Seeking Feedback on “Climate Adaptation Planning for Emergency Managers” Draft Guide (Comments Due Feb. 9, 2024).

FEMA is seeking feedback on their draft guide, “Climate Adaptation Planning for Emergency Managers”.  The guide will help emergency managers adapt climate mitigation into emergency management planning efforts.  FEMA is also hosting 60-minute webinar sessions to provide an overview of the draft guide and include facilitated discussions with stakeholders to help improve the existing draft and gather feedback from all community partners. The webinars will be held on January 17 and 25.  The guide is designed to walk state, local, tribal and territorial partners through the Six Step Planning Process identified in the “Comprehensive preparedness Guide 101: Developing and Maintaining Emergency Operations Plans”, highlighting existing climate mapping tools and potential funding resources. Those who are looking to register for the webinars and to view the document can visit “Climate Adaptation Planning for Emergency Managers” on FEMA.gov.

GRANT. Application Period is Open for Repetitive Flooding Mitigation Funding (Due May 31, 2024).

FEMA announced that an additional $300 million dollars in Swift Current funding is available to property owners across the nation to become more resilient to flooding.  Swift Current is part of the Flood Mitigation Assistance program.  Swift Current makes homes safer and more resilient for National Flood Insurance Program policyholders with repetitively flooded properties.  To be eligible, buildings must be insured through the National Flood Insurance Program.   Applicants who have questions can contact their FEMA regional office.  The last eligible declaration date is May 31.  Those who are interested can do so can apply on grants.gov

GRANT. Application Period Open for Fund Dam Safety Grants (Due Feb. 29, 2024).

The Rehabilitation of High Hazard Potential Dams program is making around $185 million dollars available another $26 million is available through the National Dam Safety State Assistance Grant Program.   The National Dam Safety State Assistance Grant Program is available for any state or territory with an enacted dam safety program. The state administrative agency or an equivalent state agency, is eligible to apply. Each eligible state or territory may submit only one grant application. The funding opportunities are open now and will close on Feb. 29. Available opportunities may be found on Grants.gov.

GRANT RESOURCES. FEMA Publishes Resources for Developing BRIC and FMA Grant Applications.

FEMA announced that there be $1. billion dollars for the Fiscal Year 2023 Building Infrastructure and Communities (BRIC) and $800 million Flood Mitigation Assistance grant program, for a combined total of $1.8 billion available for both grant programs, which both close on February 29, 2024.  To help navigate prospective applicants and sub-applicants, FEMA published program support material and launched a series of webinars and on-demand videos that provide important resources and information.  The resources can be used to help develop applications for both FEMA hazard mitigation grants. BRIC Program Support Material Resources for Fiscal Year 2023 and Flood Mitigation Assistance Program Support Resources for Fiscal Year 2023 are resources to help state, local, tribal, and territorial governments prepare applications for this grant cycle. Those looking to apply for grants can do so on grants.gov.

 

GOVERNMENT ACCOUNTABILITY OFFICE

REPORT. The Use of Artificial Intelligence in Natural Hazard Modeling.

The Government Accountability Office (GAO) released a report titled “The Use of Artificial Intelligence in Natural Hazard Modeling”, which explores the use of Artificial Intelligence (AI) to help with weather forecasting for severe weather events, such as hurricanes, major floods, severe storms, and wildfires.  GAO reported that the AI programs can significantly speed up the predictions for extreme weather events, which can help save lives and property.  While the technology to help make these predictions is being adjusted, the report also mentions that AI can implement underutilized satellite data to create more accurate, timely reports.

 

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION

 MEETING. Marine and Coastal Area-Based Management Advisory Committee Meeting (in person, Feb. 1-2, 2024).

The Marine and Coastal Area-based Management Advisory Committee (MCAM) is holding a public meeting on February 1 and February 2, 2024, from 9:00 AM to 5:00 PM ET to discuss the following topics: area-based management, NOAA’s restoration programs and tools; how NOAA may best leverage area-based management tools, investments, authorities, how NOAA may foster healthy coastal communities through partnerships, jobs, and support, as well as various administrative and organizational matters.  Those who are looking to submit comments should be received by the Designated Federal Official by January 26, 2024.  Comment submissions can be sent to Ellie Roberts at ellie.roberts@noaa.gov.

 

MARITIME ADMINISTRATION (MARAD)

GRANT. Applications Open for the Port Infrastructure Development Program (PIDP) Grant (Due April 30, 2024).

The Maritime Administration has its grant for the Port Infrastructure Development Program (PIDP) open until April 30, 2024.  Up to $450,000,000 in funding for grants will be awarded to assist in improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports. The Port Infrastructure Development Program supports the efficient movement of commerce upon which our economy relies through discretionary grant funding that helps strengthen, modernize, and improve our country’s maritime systems and gateway ports. Grants are awarded on a competitive basis and support the Nation’s long-term economic vitality.  Those who are looking to apply for the PIDP can do so at grants.gov.

 

SMALL BUSINESS ADMINISTRATION

MEETING.  Public Meeting Notice for a National Small Business Development Center Advisory Board Meeting (hybrid, Wed. Feb. 14, 2024, at 1:00 PM EST).

The Small Business Development Center Advisory Board will be hosting a public meeting on Wednesday, February 14, 2024, at 1:00 PM EST. The meeting will discuss the annual plan/ white paper, and outreach and engagement with the SBDC State Directors.  The meeting will be both in person and held over Microsoft Teams.  Those who are interested in attending the meeting either in person or virtually should contact Rachel Karton at Rachel.newman-karton@sba.gov, or by calling 202-619-1816.

 

STATE DEPARTMENT

MEETING NOTICE. Public Meeting in preparation for the International Maritime Organization Subcommittee on Human Element, Training and Watchkeeping (hybrid, Jan. 31, 2024).

The U.S. Department of State is hosting a public, in-person and teleconference meeting at the Coast Guard Headquarters in Washington, D.C.  The meeting is in preparation for the tenth session of the International Maritime Organization’s (IMO) subcommittee on human element, training, and watchkeeping (HTW) that is being held from Monday, February 5, to Wednesday, February 7, in London, United Kingdom.  Topics at the meeting will include validated model and training courses, reports on unlawful practices, a comprehensive review of the 1978 STCW Convention and Code, and others. The teleconference line can hold up to 500 participants.  Those looking to join the teleconference must contact the meeting coordinator, Mrs. Megan Johns Henry, at megan.c.johns@uscg.mil.

 

NWC SPOTLIGHT

 INTERESTED IN FEDERAL POLICY ISSUES? Special USACE Guest at next NWC Legislative Policy Committee Monthly Meeting (Thursday, Feb. 1 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. At our Feb. 1 meeting, we have a special USACE guest, Mr. Eric Bush, Chief of Planning and Policy (Civil Works) who plans to discuss his priorities for 2024. Unfortunately, Mr. Bush is unable to join us for our Legislative Summit and has graciously offered to engage with our members during this call. This call is open to all NWC members.

NEXT NWC NAVIGIATION CAUCUS MEETING (Tuesday, Feb. 6 at 1pm ET).

The next meeting for NWC’s Navigation Caucus will be on Tuesday, Feb. 6 at 1pm ET. The NWC Navigation Caucus supports the U.S. Army Corps of Engineers and all federal agencies whose authorizations, policies, and legislative mandates impact the navigation channels across the nation. Our goal is to facilitate the fluid movement of commerce by collaborating with federal agencies and industry to ensure the viability of the coastal and inland river navigation systems by working with Congress to secure funding for construction and ongoing operations and maintenance for USACE projects.

NEW NWC INTERN. Also, note that NWC has welcomed an intern, Thomas Shepherd.  He is interested in learning about issues and concerns that NWC members care about, and environmental law.  Thomas is with us until the end of April.  If you have time, please consider sending Thomas an email at nwcintern@waterways.org.  He wants to learn more about what our members do and how they’ve gotten to their respective positions.  Until then, we have him learning and working on a number of issues including a bill tracker, doing research and attending Capitol Hill hearings. He has been getting a crash course on the Water Resources Development Act, National Flood Insurance Program, and more.

REGISTRATION OPEN. 2024 Legislative Summit Dates Set (March 11-13, 2024; Washington, D.C.). NWC members, we will be holding the 2024 Legislative Summit on March 11-13, 2024, at the Ronald Reagan Building and International Trade Center in Washington, DC from Monday, March 11 through Wednesday, March 13, 2024. More information, including an agenda and how to register, is available on our 2024 Legislative Summit page.

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 will open after the Legislative Summit and more details to come soon.

NWC FEDERAL POLICY/ISSUE REQUEST FORM. Submit federal 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. 

 

Best regards,

Julie