NWC Federal Spotlight (March 8, 2022, Edition)

Good morning NWC members,

Below are a few updates about what is going on in DC and within NWC (including details about our Legislative Summit). The biggest news today is that the draft text for the FY2022 omnibus bill may be released for potential House vote tomorrow. Remember, the current CR is valid until this Friday then FY2022 funding for federal agencies runs out. If and when it is released today, we will let you know.

Have a wonderful week!

CAPITOL HILL HAPPENINGS

 APPROPRIATIONS. FY2022 APPROPRIATIONS.  Congress faces a busy week with the current FY2022 continuing resolution (CR) ending on Friday. At this point, we are hearing that appropriator are frantically working on an omnibus package, rather than a CR, to finish FY 2022 appropriations. One of the sticking points is a White House supplemental funding request that came at the end of last week. Last Thursday, the White House asked Congress to include $32.5 billion in emergency monies to address pandemic response, as well as the Russia-Ukraine war. However, to get an omnibus signed into law by Friday, appropriators need to release a bill no later than Tuesday, for the House to pass by Wednesday, which is the last day the House is in session this week. Otherwise, appropriators may be looking at another short-term CR. Stay tuned.

Capitol Hill hearings of interest this week:

  • HEARING. Federal Climate Adaptation and Resilience for the 21st Century (Tuesday, March 8, 2022, at 10am ET) before the House Science, Space, and Technology Committee.  For more information, click here.
  • HEARING. A 2022 Review of the Farm Bill: Rural Development” (Tuesday, March 8, 2022, at 10am ET) before the House Committee on Agriculture’s General Farm Commodities and Risk Management Subcommittee. For more information, click here.
  • HEARING. Klamath River Basin Conditions and Opportunities (Tuesday, March 8, 2022, at 2pm ET) before the House Committee on Natural Resources. For more information, click here.
  • HEARING. Confronting Climate Impacts: Federal Strategies for Equitable Adaption and Resilience (Wednesday, March 9, 2022, at 9:30am ET) before the House Select Committee on the Climate Crisis. For more information, click here.
  • HEARING. Skill, Upskill, and Reskill: Analyzing New Investments in Workforce Development (Wednesday, March 9 at 10am ET) before the House Small Business Committee. For more information, click here.

JUDICIAL CORNER

 US SUPREME COURT. U.S. JUSTICES HEAR ARGUMENTS IN CLIMATE CASE. On February 28, the U.S. Supreme Court heard arguments in a landmark case, West Virginia v. EPA, which challenged the U.S. Environmental Protection Agency’s (EPA) authority to implement climate-related regulations.  The case stems from the 2015 Clean Power Plan (CPP) rule that the Obama administration instituted to reduce emissions from power plants. This rule was immediately challenged in the courts and in February 2016 the Supreme Court put CPP on ice. In 2019, the Trump administration repealed the CPP and finalized a new rule, the Affordable Clean Energy Rule, that set emission guidelines for steam powered plans. This rule was also challenged in the courts and was ultimately vacated by the U.S. Court of Appeals for the District of Columbia Circuit, who sent the rule back to EPA for further consideration. The Biden administration is in the process of writing a new rule. During the Supreme Court proceedings, the Justices discussed whether they even had the authority to hear the case if the rule was vacated and if EPA had the authority to regulate greenhouse gases. Depending on how the Justices proceed on the case (a decision is expected this summer), the ruling could have broad implications for both EPA and other federal agencies on the limits of their rulemaking authorities. To read more about the Justices’ questions and discussion, along with potential implications of the ruling, click here or here.

FEDERAL AGENCY CORNER

DOT/MARAD. Administration releases grant funds for America’s marine Highway Program to address supply chain issues. On March 2, the U.S. Department of Transportation’s Maritime Administration (MARAD) released details about $25 million in grant funds under the American’s Marine Highways Program (AMHP). This funding is available under the Infrastructure Investment and Jobs Act (P.L. 117-58/IIJA). IIJA was signed into law late last year. Under MARAD’s Marine Highways Program, the goal is to expand the use of the nation’s waterborne commerce options, while strengthening the surface transportation infrastructure that is connected to these systems.  According to MARAD, a project must have previously been designated as a Marine Highway Project to apply for the funds. Applications are due on Friday, April 29 at 5pm ET.

Resources:

  • To view projects previously designated as a Marine Highway Project, click here.
  • To read the funding announcement, click here.

DOT/GREAT LAKES SEAWAY. ST. LAWRENCE SEAWAY INCREASE OF TOLLS IN CANADA. On March 2, the Great Lakes St. Lawrence Seaway Development Corporation (GLS) (Department of Transportation) published in the Federal Register the level of tolls assessed on all commodities and vessels transitioning both GLS and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada. Under the rule, the toll charges on the SLSMC will increase from $29.72 to $30.31 per lock and per vessel. According to the notice, the change is due to higher-than-expected operating costs. The new tolls are effective March 2, 2022. To read the FR notice, please click here.

Resources:

  • To see DOT’s MARAD press release on the funding, click here.
  • To read the Federal Register notice on the grant, click here.
  • To see a list of eligible AMHP projects, click here.
  • To learn more about America’s Marine Highway, click here.

EPA. EPA SETS DATE TO RETURN TO OFFICES AS EARLY AS MAY. Under a memorandum of understanding, the U.S. Environmental Protection Agency (EPA) and the American Federation of Government Employees Council 238, which represents EPA employees, agreed that employees would return to EPA offices no earlier than May 2. Under the agreement, employees can request new telework and/or other workplace flexibilities “based on their personal situations and/or COVID levels.” Additionally, the agreement states that visitors to EPA offices (which include contractors) must either demonstrate that they have been fully vaccinated and/or show a negative COVID test taken within 72 hours before entering EPA facilities.

 FEMA. Introduction to the NFIP’s New Pricing Methodology WEBINAR (Risk Rating 2.0: Equity in Action). The Federal Emergency Management Agency has scheduled a new webinar about the National Flood Insurance Program’s new methodology for Risk Rating 2.0. FEMA states that the webinar will introduce attendees to fundamental concepts of the NFIP new pricing methodology (Risk Rating 2.0). Topics covered include a comparison of the legacy and new methodology, rating variables, and transition rules. The webinar is scheduled on the following dates and times:

 FEMA. LEVEES IN RISK RATING 2.0. In February 2022, the Federal Emergency Management Agency (FEMA) released “Levees in Risk Rating 2.0” which lays out how the agency will calculate levee risk in their National Flood Insurance Program. Click here to read FEMA’s report.

USACE. REMINDER: REQUEST FOR NOMINATIONS: STAKEHOLDER REPRESENTATIVES MEMBERS OF THE COMMITTEE ON LEVEE SAFETY (Nominations due March 22, 2022). On January 21, the Assistant Secretary of the Army for Civil Works (AWACW) posted a request for nominations for the Committee on Levee Safety (Committee). The Committee was formed to advise the U.S. Army Corps of Engineers and the Federal Emergency Management Agency on implementation of the National Levee Safety Program. The Committee has 14 members derived from eight state levee safety agencies; two representatives from the private sector; two representatives of regional or local governmental agencies and two tribal representatives. For more information and/or on how to apply, click here or refer to the attached flyer.

 USCG. NATIONAL BOATING SAFETY ADVISORY COMMITTEE MEETING (March 28-30, 2022). On March 8, the U.S. Coast Guard announced in the Federal Register that the Boating Safety Advisory Committee will be meeting in-person March 28-30, 2022, in Annapolis, MD to discuss issues related to recreational boating safety.. Pre-registration for both in-person and virtual attendees is required. For more information, click here.

 USDA. USDA update Waterways System Report. The U.S. Department of Agriculture (USDA) released an update report on the importance of the waterways system to agriculture. To read the report, click here.

NWC EVENTS

 NWC EVENT. 2022 LEGISLATIVE SUMMIT—REGISTRATION IS OPEN (April 25-26, 2022, Washington, DC). Join NWC members in Washington for productive and informative sessions with thought leaders working toward a greater understanding of the widespread public benefits of our nation’s water and waterways resources infrastructure. The 2022 NWC Legislative Summit in Washington DC will be on Monday, April 25 and Tuesday, April 26, 2022, at the Ronald Reagan Building and International Trade Center (RRBITC) at 1300 Pennsylvania Avenue, NW, Washington DC 20004. As the Washington DC opens and becomes more accessible, the Summit agenda is being finalized. A draft agenda will be announced as soon as possible. Tentatively, on Monday, April 25, the session will rune from 10am—5pm and on Tuesday, April 26, it will run until noon with internal NWC meetings (Board of Directors, caucuses, etc.) in the afternoon. This schedule may be adjusted based on speaker availability.

REGISTRATION: $350 if received on or before March 31, 2022/ $450 if received after March 31, 2022. To register, email your contact information to NWC Consultant Ann Makowski at Ann.Makowski@gmail.com. She will contact you directly regarding payment by check or credit card.

NOTE: While vaccine card requirements have been lifted for the city of Washington, DC, please note that RRBITC is a federal property. Under federal property rules, visitors must wear masks for building entry. While these rules may change before the Legislative Summit, by registering for the LS event, you agree to comply with stated rules at the time of the event.

NEARBY HOTELS: While there is not a room block for the 2022 NWC Legislative Summit, here is a link showing nearby hotels: NWC Legislative Summit Hotel Finder.

SPONSORSHIP: If you are interested in supporting NWC and the Legislative Summit, please email NWC Consultant Ann Makowski at Ann.Makowski@gmail.com.

NWC WORKING GROUP. EXAMINING POTENTIAL CHANGES TO SECTION 408 (Friday, March 18, 2022). NWC has formed a small working group to look at challenges within the Section 408 program and address potential fixes. We will have our next call on Friday, March 18 at 11am ET. If you are interested in serving on this working group—and have not received a calendar invite—please let Julie Ufner, NWC President, know.

NWC CAUCUS MEETING. NWC WATER SUPPLY CAUCUS MEETING (Friday, March 18 at 2pm ET). Please note that the Water Supply Caucus will have its monthly meeting on Friday, March 18 at 2pm. If you are interested in serving on this caucus, please let Julie Ufner, NWC President, know.

NWC CAUCUS MEETING. QUARTERLY NAVIGATION CAUCUS MEETING (Tuesday, March 22 at 3pm ET). NWC’s Navigation Caucus will be holding their quarterly meeting on Tuesday, March 22 at 3pm ET. If you are interested in serving on this caucus, please let Julie Ufner, NWC President, know.

NWC POLICY MEETING. NWC Legislative Policy Committee meeting (Thursday, April 7 at 4pm ET). NWC’s 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 meets face-to-face twice a year at NWC’s Legislative Summit and Annual Meeting and holds monthly video calls on the first Thursday of the month. LPC is open to all interested NWC members. If interested in serving on LPC, please reach out to Julie Ufner, NWC President.