NWC FEDERAL SPOTLIGHT (June 2, 2022 edition)

Congress is out of session for the week, so we are light on Congressional news. However, one piece of news—the 2022 Water Resources Development Act bill in the House of Representatives goes to the floor for a vote next Tuesday, June 7. But there is a lot of news from the federal agency space.

You may want to check out several upcoming virtual meetings, including USACE’s listening sessions on Principles, Requirements and Guidelines and environmental justice issues (more below).

Another piece of news. NWC and Texas Water Conservation Association are partnering on the next NWC Regional Spotlight (Texas) on Wednesday, August 31 in Arlington, Texas. The Regional Spotlights were designed to build and strengthen working relations among the U.S. Army Corps of Engineers, non-federal sponsors and stakeholders. We have sessions on permitting, project development and how to best engage with USACE. The best part? We have speaker confirmations from the Southwest Division Commander, as well as from Commanders from three USACE districts (Tulsa, Galveston and Fort Worth). A huge shout out to Trinity River Authority for hosting us for an in-person event! Registration for this event is free but we have a limited number of registration spots. When registration fills up, you will automatically be added to the wait list. An agenda will be available soon. To register, click here.

Speaking of NWC meetings, we have a date for our fall 2022 Annual Meeting in Houston, Texas, on Wednesday, Oct. 26 – Friday, October 28, 2022. Thank you to Port Houston for their commitment to serve as our local host sponsor! Registration/hotel/sponsorship will open soon.

Moreover, we have the pleasure to announce NWC newest member, the Corn Belt Ports. Read more about them below under “Welcome NWC’s Newest Member” and under “Member Spotlight,” which highlights the latest news from this partnership. Welcome abroad!

Finally, we want to take the opportunity to thank our members for their involvement in NWC. In the last year, we have rolled out several caucuses and work groups to help members network, share opportunities and challenges, and advice NWC on federal policy issues. Due to that membership involvement, we’ve been able to weigh in on numerous issues. The knowledge within our membership is incredible and we are so lucky to have you!

Quick links (for a long email):

Have a wonderful week. If you have any questions, comments, or ideas, please do not hesitate to contact us.

Best, Julie Ufner, NWC

WELCOME NWC’S NEWEST MEMBER

Join NWC in welcoming our newest member, the Corn Belt Ports!!!

About the Corn Belt Ports: Under a contract with TransPORT, the Corn Belt Ports coordinate, synchronize and support government agency-related activities for the Tri-State (IL, IA, MO) area in the Heart of the Corn Belt above Locks and Dam 26 in order to attract increased direct and indirect investment (including grants) into the region, and support economic development and sustainability objectives. And, the Corn Belt Ports also share best business practices to advance infrastructure improvements (including natural infrastructure) across the region. The area is the equivalent of the largest inland port in the nation based on freight tonnage handled; and includes 40 riverfront counties, 12 regional planning agencies, 11 city and county ports and 3 federal Port Statistical Areas served by over 635 miles of waterway in parts of 3 states. Please see under the “Member Spotlight” section to see the latest on Corn Belt Ports.

CONGRESSIONAL SPOTLIGHT

OVERVIEW. Congress is out this week for Memorial Day week recess but will return next week to a busier than normal (and that is saying a lot) Congressional calendar. Normally, June and July in our nation’s capital are fast and furious because Congress has a limited amount of time to get things done and this year is no different. However, this year is more challenging since there is increased pressure on both Democrats and Republicans to take a position on gun laws in wake of several shootings nationally. This may impact Congress’s ability to act on FY2023 appropriations and other issues. Since it is an election year, the calendar is even shorter. In the House of Representatives, there are 24 voting days before their August recess, then they have 11 voting days in September, for a total of 35 days. The Senate, on the other hand, has 33 voting days before their August recess, and 27 voting days in September and October, for a total of 60 voting days.

FY2023 APPROPRIATIONS. While the focus is moving to FY2023 appropriations in both the House and Senate, appropriations committee leadership in both chambers still need to determine their top-line numbers for mandatory/non-mandatory funding. However, concurrently the House appropriations committee has stated that they plan to hold subcommittee markups on their 12 appropriations bills in June with floor action in July before the House leaves for August recess on July 29. Reports are that the Senate appropriations committee plans to mark up their bills in July before they leave for August recess on August 5. According to House Appropriations Chair Rosa DeLauro, almost four-fifths of House members—344 members—have submitted earmark requests for FY2023. To see the list of requests submitted by House members, click here.

WATER RESOURCES DEVELOPMENT ACT. Committees in both the House and Senate introduced and passed their respective versions of the biennial Water Resources Development Act legislation with hopes of floor passage in June. Latest bit of news? WRDA 2022 will hit the House floor next week on Tuesday, June 7. To see NWC’s high level section-by-section analysis for the House WRDA bill, click here.

FEDERAL AGENCY SPOTLIGHT

DOT. BUY AMERICAN RULE DELAYED. On May 25, the U.S. Department of Transportation published a Federal Register notice on “Temporary Waiver of Buy American Requirements for Construction Materials.” In the notice, DOT notes that due to the historical investments as laid out under the Bipartisan Infrastructure Law (BIL), the administration has chosen to implement a temporary waiver on Buy American requirements until November 10, 2022. To learn more, click here. Under BIL, the group will send a biannual report to Congress, starting in 2024 through 2028.

EPA. CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION IMPROVEMENT RULE. On June 1, the EPA administrator signed a proposed rule to revamp Trump’s rule on the Clean Water Act Section 401 Water Quality Certification process. Accord to an EPA fact sheet, the proposed rule sets timelines and encourages early engagement between states and project permit holders. The agency will hold a public hearing on Monday, July 18, 2022, to hear from stakeholder on potential impacts of the proposed rule. Register here by July 12 to speak. Comments will be accepted for 60 days after publication in the Federal Register. To read a pre-publication of the proposed rule, click here.

EPA. Water Reuse Interagency Working Group FORMED WITH 15 FEDERAL AGENCIES. On May 26, the U.S. Environmental Protection Agency (EPA) announced the formation of the Water Reuse Interagency Working Group, comprised of 15 different federal agencies, to look at water recycling and reuse. This working group was authorized under last year’s Bipartisan Infrastructure Law legislation. The working group is tasked to collaborate with states and others on the National Water Reuse Action Plan. For more information about the working group, click here.

EPA. National Environmental Justice Advisory Council virtual Meeting (June 22-23, 2022). EPA’s National Environmental Justice Advisory Council (NEJAC) is scheduled to meet on June 22-23, 2022, virtually to finalize advice and recommendations on EPA’s investments to address environmental justice through the Justice40 Initiative. This meeting is open to the public and there will be a public comment period to hear from the public about where investments should be made.. Under NEJAC’s charter, it states that the advisory committee will “provide independent advice and recommendations to the EPA Administrator about broad, crosscutting issues related to environmental justice. The NEJAC’s efforts will include evaluation of a broad range of strategic, scientific, technological, regulatory, community engagement and economic issues related to environmental justice.” For more information, go here. 

EPA. LOCAL GOVERNMENT ADVISORY COMMITTEE TACKLES DRINKING WATER, WASTEWATER AND STORMATER, ENV. JUSTICE, AND PFAS AT NEXT MEETING (June 23-24, 2022). EPA’s Local Government Advisory Committee, comprised primarily of elected state and local government officials to advise the EPA Administrator, is scheduled to meet for an in-person/virtual meeting on June 23-24, 2022. During this meeting, LGAC is charged with examining several key issues on behalf of EPA: tools, resources and technical assistance that EPA can provide to help local governments upgrade drinking water, wastewater and stormwater infrastructure; technical assistance that EPA can offer local governments; and how can EPA better support local governments to address PFAS issues. This meeting is open to the public and members of the public can offer public comments on June 23. For more information, click here.

FRA. $368 Million in Grants to Improve Rail Infrastructure, Enhance and Strengthen Supply Chains. On June 2, the Federal Railroad Administration announced over $368 million in Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program funds to 46 projects in 32 states and the District of Columbia. A key part of this program aims to help move goods to/from markets quicker. To see the list of recipients, which includes state Departments of Transportation, cities, counties, and ports, click here. To learn more about CRISI grants, click here.

MARITIME. MARTIME REPORT ON SUPPLY CHAIN CHALLENGES. On May 31, the Federal Maritime Commission (FMC) published a report, “Effects of the COVID-19 Pandemic on the U.S. International Ocean Supply Chain: Stakeholder Engagement and Possible Violations § 41102I.” In the report, over a dozen recommendations were offered to address supply chain issues, including guidance to FMC to work more closely with the U.S. Department of Agriculture on availability of shipping containers for agriculture exports. Click here to read the report.

NOAA. NOAA PREDICTS ABOVE NORMAL 2022 HURRICANE SEASON. On May 24, the Climate Prediction Center, within the National Oceanic and Atmospheric Administration’s  (NOAA) National Weather Service, predicted that that 2022 hurricane season would be unusually active this year. For this upcoming season, the Center is predicting 14-21 named storms, of which 6-10 could become hurricanes, and of those, 3-5 could become major hurricanes (category 3-5). To learn more, click here.

TREASURY. Loans in Areas Having Special Flood Hazards; Interagency Questions and Answers Regarding Flood Insurance. On May 31, the U.S. Department of the Treasury and other federal agencies released a final rule on how loans in special flood zones should be handled. This rule deals with escrow of flood insurance premiums, the detached structure exemption, force placement procedures and the acceptance of flood insurance policies issued by private insurers. For more information, click here.

USACE. Virtual Public and Tribal Meetings Regarding the Modernization of Army Civil Works Policy Priorities, INCLUDING PR&G and EJ. On June 3, the U.S. Army Corps of Engineers will notice in the Federal Register a series of virtual meetings to gather input on the following: Native American/Tribal Nation issues; potential rulemaking actions regarding the Corps’ Regulatory Program’s implementing regulations for the National Historic Preservation Act as well as Civil Works implementation of the Principles, Requirements, and Guidelines; and, environmental justice, including definitions of certain terms used in policy making. The Army will hold a virtual overview of the policy initiatives on June 22, 2022. The Army will hold public virtual meetings on the following dates: July 11, 2022, July 14, 2022, July 18, 2022, July 20, 2022, and July 26, 2022, with the public comment period closing 60 days after its publication in the Federal Register. To submit comments, go to www.regulations.gov and search for Docket ID No. COE-2022-0006 and follow instructions for submittal or send your comments via email to usarmy.pentagon.hqda-asa-cw.mbx.asa-cw-reporting@army.mil (include Docket ID No. COE-2022-006 in the subject line of the message). To read the unpublished version of the notice, click here.

USACE. FY2022 CIVIL WORKS PLAN RELEASED. On May 25, the U.S. Army Corps of Engineers released its Civil Works Plan for FY2022. The work plan lays out the allocation of FY2022 Congressionally appropriated monies to start, continue and/or complete studies, construction projects and operations and maintenance activities. Under the FY2022 work plan, construction received $2.49 billion; investigations got $143 million; operations and maintenance received $4.57 billion; Mississippi Rivers and Tributaries got $370 million; and the Formerly Utilized Sites Remedial Action Program received $300 million.

Resources:  Construction FY2022 work plan; Investigations FY2022 work plan; Operations and Maintenance FY2022 work plan; Mississippi Rivers and Tributaries FY2022 work plan; and Formerly Utilized Sites Remedial Action Program FY2022 work plan.

USACE. Applications for Stakeholder Representative Members of the Missouri River Recovery Implementation Committee. On May 25, the U.S. Army Corps of Engineers (USACE) Northwestern Division Commander published a notice solicitating nominations for stakeholder representatives for the Missouri River Recovery Implementation Committee (MRRIC). The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. Nominations and endorsement letters must be received by July 1, 2022. For more information, click here.

USCG. NATIONAL TOWING SAFETY ADVISORY COMMITTEE MEETING (June 14, 2022). On June 14, the U.S. Coast Guard has scheduled its June National Towing Safety Advisory Committee meeting to review and discuss issues relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety. This meeting is virtual and open to the public. For more information, click here.

WHITE HOUSE. Biden-⁠Harris Administration Launches Initiative to Modernize Building Codes, Improve Climate Resilience, and Reduce Energy Costs. On June 1, the administration announced a national initiative to encourage states, local governments, tribes and territories to adopt the most recent building codes standards to help localities be more resilient to extreme weather events. As part of this initiative, the administration committed to review federal funding and financing of building construction, such as the Community Development Block Grant Disaster Recovery funds; support the Department of Energy’s efforts to update building codes through funding to state and local agencies; provide incentives and technical support for change, such as those in the Federal Emergency Management Agency’s Building Code Strategy, as well as using a mapping tool to track code adoption. To learn more, click here.

WHITE HOUSE. Vice President Harris Announces Action Plan on Global Water Security and Highlights the Administration’s Work to Build Drought Resilience. On June 1, Vice President Harris announced a new presidential initiative called the “White House Action Plan on Global Water Security,” which makes water security a national and international policy priority. To read the action plan on global water security, click here. To As part of this announcement, the administration’s “Drought Resilience Interagency Working Group 1-Year Summary Report” was also released. read the drought working group report, click here.

MEMBER SPOTLIGHT

 Federal Recognition of the Northern Grain Belt Ports Coming Soon.  By Dr. Anshu Singh, Director of Sustainability and Conservation for the Corn Belt Ports

The Mississippi River Regional Planning Commission (MRRPC) plans on establishing a regional port statistical area between Wisconsin and Minnesota that, based on freight tonnage handled would likely be a Top 50 U.S. Leading Port and larger than the Port of Miami, FL.  The MRRPC in La Crosse, Wisconsin submitted a Letter of Intent on April 20, 2022, to the U.S. Waterborne Commerce Statistics Center to form a Port Statistical Area (PSA).  The PSA is being referred to as the Northern Grain Belt Ports (NGBP) and encompasses 11 riverfront counties between Wisconsin and Minnesota. Red Wing, Wabasha and Winona in Minnesota, and the cities of La Crosse and Prairie du Chien in Wisconsin will be included in the planned PSA.

This is a non-traditional approach of looking at inland ports.  The NGBP is a long, linear multi-modal transportation feature with distributed terminals that aligns with Marine Highway 35 on the Upper Mississippi River between Wisconsin and Minnesota.  This regional effort is modeled after the Upper Mississippi River Basin’s Corn Belt Ports.  The Corn Belt Ports include the ports in the Tri-State (IL, MO, IA) region that are in the Heart of the Corn Belt above Locks and Dam 26. The Corn Belt Ports were federally recognized as port statistical areas in 2020/21 and includes the Upper Mississippi River Ports (UMRP) of Iowa and Illinois, the Mid-America Port Commission (MAPC), and the Illinois Waterway (ILWW) Ports.

Similar to each of the Corn Belt Ports, the NGBP supports the development of rural and non-rural multi-modal transportation and natural infrastructure.  It is centered on an Interstate Highway intersection (I-90) with the Upper Mississippi River (M-35). It aligns with an existing regional planning agency, a Metropolitan Planning Organization (MPO), and regional economic development organizations.

Chris Smith, the Director of Operations for the Corn Belt Ports who has been asked to share lessons learned from the Corn Belt Ports Initiative with the MRRPC, said “The Northern Grain Belt Ports will encourage integrated regional transportation planning, and ecosystem restoration and sustainability efforts. The NGBP is very similar in concept to the multi-county Metropolitan Statistical Areas (MSAs) that the Office of Management and Budget (OMB) uses to support federal planning and resourcing decisions. This is a new and more accurate way of looking at things when it comes to transportation data and information.”

Robert Sinkler, a Senior Advisor with Dawson & Associates and a member of the NWC Board of Directors remarked that, “The NGBP along with the three Corn Belt Ports is a major paradigm shift.  It marries the global importance of this multi-state region as an essential part of the national and global supply chains with its ecological importance.  There are few people that can bridge the realities of this agricultural commodities-based region with sustainability demands.  You can’t invest in or environmentally mitigate for a port that doesn’t exist.  The federal recognition is important.”

There have been increased federal, state, and non-profit organization investments in the Upper Mississippi River Basin above Locks and Dam 26 since the Upper Mississippi River Basin federal port recognition efforts began.  This includes investments in both transportation and natural infrastructure for a unique multi-state region that is designated by the U.S. Congress, “as both a nationally significant ecosystem and a nationally significant navigation system.” It is the only inland river in the United States with this designation.  A different way of looking at the value of waterborne commerce was needed, especially since the Upper Mississippi River Basin is an essential part of the national and global supply chains.

NWC UPCOMING EVENTS

NAVIGATION CAUCUS MEETING (VIRTUAL, Tuesday, June 14, 2022, at 3pm ET). The next Navigation Caucus meeting is scheduled for June 14 at 3pm 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. NWC caucuses are free to join and any individual from a NWC member organization is eligible to join/participate.

WATER SUPPLY CAUCUS MEETING (VIRTUAL, Friday, June 17, 2022, at 2pm ET). The Water Supply/Reuse Caucus is tasked with studying issues that pertain to water supply storage and reuse issues. Primary federal agencies of interest include but are not limited to the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and the Bureau of Reclamation. NWC caucuses are free to join and any individual from a NWC member organization is eligible to join/participate.

LEGISLATIVE POLICY COMMITTEE (VIRTUAL, Thursday, July 7, 2022, at 4pm ET). The Legislative Policy Committee (LPC) serves as the primary advisor on NWC federal policy positions and decisions. Comprised of a broad scope of NWC membership, LPC is a consensus-based committee that is tasked with studying issues, recommending new federal policy positions, and drafting and signing off on NWC letters. LPC holds monthly calls on the first Thursday of the month, where NWC President Ufner generally gives a federal update, before opening the floor to further discussion on issues. LPC is open to all interested NWC members.

FLOOD CONTROL CAUCUS MEETING (TBD). The Flood Control and Management Caucus is charged with examining issues tied to flood management, risk and flood control for waterways and levees nationally. Primary federal agencies of interest include but are not limited to the U.S. Army Corps of Engineers, Federal Emergency Management Agency, U.S. Fish and Wildlife Service, and the Natural Resource Conservation Service. NWC caucuses are free to join and any individual from a NWC member organization is eligible to join/participate.

NWC REGIONAL SPOTLIGHT ON TEXAS (IN-PERSON, Wednesday, August 31, 2022).  From the NWC front, we are excited to announce the date for the next NWC Regional Spotlight (Texas) for August 31, 2022. A huge thanks to NWC members, Texas Water Conservation Association, for partnering with us on this, and the Trinity River Authority, for donating the space. Registration for this event is free but we have a limited number of registration spots. When registration fills up, you will automatically be added to the wait list. An agenda will be available soon. To register, click here..

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. More information to come soon.