NWC Federal Spotlight

November 28, 2023

Happy post-Thanksgiving all,

Below are a few federal updates on what’s going on in our nation’s Capital, including the latest on FY2023 appropriations and the Water Resources Development Act. We would also like to welcome two of our newest members to NWC—Environmental Science Associates and ICF. Please welcome them aboard (more information is below).

As always, if you have any questions, please do not hesitate to reach out to me.

Best,
Julie Ufner, NWC

NEW NWC MEMBER SPOTLIGHT

NWC WELCOMES Environmental Science Associates AS A NWC MEMBER! Environmental Science Associates is a 100% employee-owned environmental consulting firm. They plan, design, permit, mitigate, and restore projects across communities, infrastructure systems, open spaces, and wildlands. Founded in the Bay Area in 1969, they are now 600+ people strong across 21 offices in California, the Pacific Northwest, and the Southeastern United States. Their multidisciplinary approach combines science, planning, engineering, and design while nurturing an open, collaborative environment where cross functional teams work seamlessly together, combining their technical and field-based experience. They believe collaboration between disciplines creates better outcomes and a synergy that brings added value to clients. ESA partners with clients to thoughtfully navigate regulatory complexities and provide integrated and enduring environmental compliance solutions for water infrastructure development, watershed management, and flood control. They focus on delivering forward-thinking solutions for today’s water resource management projects, leveraging their understanding and ability to communicate technical issues within complex policy and regulatory frameworks to work with a range of interested stakeholders. They help clients resolve controversial and challenging issues, informing integrated water management solutions from planning to implementation. From concept to completion, they assist with the planning, permitting, and implementation of water projects while minimizing adverse impacts to the environment, adapting to climate change, and addressing flooding, water supply, and conveyance. This approach saves their clients time and money and advances their strategic resource management and stewardship goals. Their team has built a successful track record of defining environmental parameters, identifying opportunities and constraints, and anticipating impacts that benefit planning. Known for their extensive and exemplary record in preparing California Environmental Quality Act (CEQA), State Environmental Policy Act (SEPA), and National Environmental Policy Act (NEPA) compliance documents for a wide variety of water projects, they take pride in their reputation for thoroughness and high-quality work and in their responsiveness to client needs. Their work has been recognized with awards from the National Association of Environmental Professionals, Association of California Water Agencies, American Society of Landscape Architects, and International Association for Public Participation.

NWC ALSO WELCOMES ICF AS A NWC MEMBER! Founded in 1969, ICF is a leading professional services firm that provides consulting and implementation services addressing today’s most complex and emerging water resources trends and issues. They have a long history of working with the U.S. Army Corps of Engineers and the Bureau of Reclamation as well as other federal agencies, state agencies, municipalities, joint powers authorities, and ports by providing planning, environmental, scientific, and technical services to support the development, implementation, and management of our nation’s water resources. Their work includes providing support on flood risk management, water supply, hydropower, levee and dam safety, navigation and dredge management, aquatic ecosystem restoration and nature based solutions, coastal storm protection, project partnerships and agreements, conflict resolution and stakeholder engagement, infrastructure modernization, integrated water resources management and water security, climate preparedness and resilience, emergency preparedness, database development and management, recreation, and federal agency policy guidance. Whether through sophisticated modeling of future scenarios, the assessment of potential impacts, the application of engineering and natural resource management expertise, or the leveraging of federal policy knowledge and court decisions, ICF helps clients expeditiously navigate a wide range of services in a cost-effective and legally defensible manner. ICF has also developed long-term, productive relationships with various stakeholder groups, including federal, state, and local government agencies and has demonstrated success working with Tribal Nations.

  • For more information, contact Amy Gilmore, Senior Vice President, Client Sector Leader – Water at amy.gilmore@icf.com or Chris Elliot, Senior Vice President, Line of Business Leader at chris.elliot@icf.com.

CONGRESSIONAL SPOTLIGHT

OVERVIEW. Both the House and Senate are in session this week after being out for Thanksgiving last week. Originally, Congress returned six days after the recent midterm elections for lame duck to finish out the 117th Congress which ends in late December. A lame-duck session is a term of art for a Congressional session that happens after an election, with the currently seated representatives, but before the newly elected representatives are sworn in.  This year’s lame-duck is shaping up as Congress’ busiest and most intense and is scheduled to run until Dec. 21, 2022. Some of the things that Congress must get done before that deadline include FY2023 appropriations and the annual defense authorization bill. Additionally, Congress delayed several other tough issues, from same-sex marriage to energy permitting to how to certify presidential elections, into the post-election session, and of course WRDA. And looming over all of this is the pending railway strike on Dec. 9. It is likely that many of the former issues will be attached to a must-pass bill. Now, the challenge is, there are few must-pass bills left for the year except the National Defense Authorization Act (NDAA), an annual bill that gives policies and funding for defense agencies. The original intent was to act on NDAA in the Senate last week. In fact, Senators came back for a rare October session to tee up the bill, which also includes a placeholder for WRDA and coast guard reauthorization. However, with the recent elections, it is looking like NDAA will be used to move other issues, including FY2023 appropriations, and potentially West Virginia Senator Joe Manchin’s proposal to streamline the energy permitting process for fossil fuel and renewable energy projects. Adding additional member priorities to NDAA will complicate final passage. For example, on Manchin’s streamlining proposal, the politics around permitting reform are tricky. Democrats generally are in opposition because the policy goes too far, and Republicans argue the Manchin proposal doesn’t go far enough. Republicans would like to address permitting reform in the 118th Congress.

Additionally, this week Democrats are holding their leadership elections in the House. The largest change: Rep. Hakeem Jeffries (D-NY) is expected to replace House Speaker Nancy Pelosi as the top dog in the Democratic caucus after Pelosi indicated she planned to step down from leadership. Also leaving Democratic leadership include current Majority Leader Steny Hoyer (D-Md.) and Majority Whip Jim Clyburn (D-S.C.). They will be replaced by Reps. Katherine Clark (D-Mass.) and Pete Aguilar (D-Calif.) respectively.

FY 2023 APPROPRIATIONS. One of the issues that must get finished by the end of the year is FY2023 appropriations for the federal government, whose fiscal year runs from October 1 to September 30. Due to ongoing disagreements about funding levels and policy riders, none of the 12 appropriations bills were signed into law by September 30. As a result, Congress had to pass what is called a “Continuing Resolution” or CR, which keeps the federal government open and operating under the current fiscal year until Dec. 16, when the current CR ends. This will give appropriators time to work through some substantial issues. At this point, the bills will likely move in a larger “omnibus” package or bundled into the NDAA for final passage. However, as of yet, there is no bicameral agreement on topline numbers for defense and domestic funding. Furthermore, there are ongoing disagreements on policy riders in the bill.  Congress will likely need to pass another CR to extend current debates until Dec. 21, for when the 117th Congress is scheduled to end. Or there is a chance that Congress may extend the CR into next year when Republicans will take control of the House. While Democrats are not supportive of extending the CR into next year, they may not have a choice if they cannot reach the 60-vote threshold as required in the Senate for passage of the FY23 omnibus.

WATER RESOURCES DEVELOPMENT ACT (WRDA). Now, also tied to the fate of NDAA is the Water Resources Development Act bill, a biennial bill that authorizes studies, projects and policy changes for the U.S. Army Corps of Engineers. It is only the FIRST STEP of a TWO STEP process to get studies and projects funded. Both the House and the Senate passed their versions earlier this year and, in July, the chambers moved to an informal conference committee to work out the differences between the two bills. This essentially means that House and Senate committee staff on both sides of the aisle met on a daily basis to discuss outstanding issues. Committee staff has indicated that they may have a fundamental agreement on all of the big issues but are still working through some of the smaller issues. Bill text is not available yet, but since WRDA’s fate is now tied to NDAA and likely appropriations, the language will be available before the Senate votes on NDAA. 

A LOOK AHEAD TO THE 118th CONGRESS. As we know now, the Democrats will continue to control the Senate with a very thin margin. This is relevant since a 60-vote minimum, rather than a simple majority, is needed to pass most legislation. Only through bipartisan agreements, will legislation move out of the Senate. On the House side, the Republicans will control the House also by a narrow margin which poses challenges internally and externally for the Republicans. As will the Senate, bipartisan agreements will be needed to move legislation in the House. While Minority Leader Kevin McCarthy (R-Calif.) is expected to be sworn in as Speaker in the 118th Congress, he must still make sure he has the 218 votes needed in January to ascend. That means he can only afford to lose a handful of Republican votes. On the Democratic side, House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) and recently announced they were stepping down from their Democratic caucus leadership positions. Beyond that, we already know there will be a number of House and Senate committee leadership changes next year. On the legislative front, the Farm bill will be up for reauthorization and the FY2024 appropriations season will start with the expected release of the president’s budget in February. Hanging over all of this will be a renewed debate on raising the debt ceiling, which applies to federal funds spent but not yet paid for. According to the Bipartisan Policy Center, the US will hit the debt limit in the 3rd quarter of 2023. And at this point, we don’t know when or how Congress will address it but as long as the debt limit remains unaddressed, it will hang over almost every discussion next year.

Congressional hearings of interest this week:

FEDERAL AGENCY SPOTLIGHT

CEQ. CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL RELEASED. On November 22, the White House Council on Environmental Quality (CEQ) unveiled its Climate and Economic Justice Screening Tool to support President Biden’s Justice40 program. Under Justice40, the administration works to fund infrastructure projects in disadvantaged communities. To date, the administration has identified hundreds of federal programs that would be impacted by Justice40. To see the tool, click here. To read the CEJST press release, click here.

EPA. NEW BROWNFIELD GRANTS AVAILABLE (Applications due Feb. 14, 2023, via grants.gov). On Nov. 22, The U.S. Environmental Protection Agency announced over $57 million in grant funding over five years is available for two new Brownfields technical assistance opportunities; one for new Brownfields Technical Assistance and Research cooperative agreements, and another for Technical Assistance to Brownfields communities. According to the press release, “Both grant funding opportunities will help provide technical assistance for expansion of community-driven planning for assessment, cleanup, and reuse of Brownfield sites across the country, while creating good-paying jobs and supporting local economies. To learn more about the available Brownfields grants, click here.

EPA. REPORT ON ADEQUACY OF CYBER RULES FOR WATER SYSTEMS. On Nov. 21, the Office of Inspector General at EPA released a report that assessed the adequacy of community water system requirements to repel a cyber attack. According to the report, “EPA met 2018 Water Security Requirements but Needs to Improve Oversight to Support Water System Compliance.” Under the 2018 America’s Water Infrastructure Act, water systems are required to assess their risk and resilience; prepare emergency response plans and certify to EPA that these actions were undertaken every five years. However, according to the report, 19 percent of water systems (comprised of 95 percent of small water systems) did not complete this assessment. The Inspector General recommends that 1). EPA update and implement a plan to ensure AIWA compliance, 2) update processes to maintain accurate contact information and record noncompliance, 3) review risk and resilience assessments and emergency response plans and propose improvements and 4) develop guidance that describes AWIA requirements. However, EPA has disagreed with the Inspector General’s findings and is currently undergoing a process to resolve these issues with the office. To read the full report, click here.

FWS. Aquatic Nuisance Species Task Force Meeting (Jan. 11-12, 2023/Face-to-face and virtual). The Fish and Wildlife Service has announced a face-to-face and virtual meeting for the Aquatic Nuisance Species Task Force on Wednesday, Jan. 11 and Thursday, Jan. 12, 2023 in Falls Church, VA. This meeting is open to the public. The meeting agenda will include: reports from ANS Task Force members and subcommittees; discussion on priority outputs to advance the goals identified in the ANS Task Force Strategic Plan for 2020-2025; presentations on new species occurrences in the United States; aquatic invasive species risk mitigation measures, advancement of the early detection rapid response framework, and progress on updating or implementing species management plans; recommendations by the ANS Task Force regional panels; andpublic comment. The ANS Task Force’s purpose is to develop and implement a program for U.S. waters to prevent the introduction and dispersal of aquatic invasive species; to monitor, control, and study such species; and to disseminate related information. For more information about the meeting, click here.

GAO. REPORT: OPTIONS TO IMPROVE THE FEDERAL GOVERNMENT’S APPROACH TO DISASTER RECOVERY. On Nov. 15, the U.S. Government Accountability Office released a report that found that disaster recovery in the U.S. has become increasingly more complex. According to the report, over 30 federal agencies have disaster-related programs, making it very difficult for local communities to determine who to contact. GAO recommended a number of actions, including both Congressional and agency actions to reform. To read the report, click here.

USACE. USACE PROPOSES RULE ON PL 84-99 (Public comments due on January 17, 2023/LISTENING SESSIONS AVAILABLE). On November 15, the U.S. Army Corps of Engineers announced a proposed rule on “Natural Disaster Procedures: Preparedness, Response and Recovery Activities of the Corps of Engineers” which would potentially change how the P.L. 84-99 program is operated. According to the proposed rule, USACE is moving toward a risk-informed approach for the Rehabilitation Program and proposes to repeal and replace the current P.L. 84-99 rule. The rule will be published in the Federal Register tomorrow. USACE will accept public comments for 60 days once published. NWC will be analyzing this proposed rule, including its impact on flooding and levee districts. If you would be interested in serving on this group, please let Julie Ufner know. To see the proposed rule, click here.

Additionally, USACE is offering nine upcoming face-to-face regional stakeholder workshops to discuss the proposed rule. Additional virtual sessions may be scheduled in January.

  • Nov. 29, 2022: Kansas City, MO
  • Dec. 1, 2022: Fort Worth, TX
  • Dec. 6, 2022: Seattle, WA
  • Dec. 8, 2022: Sacramento, CA
  • Dec. 13, 2022: Chicago, IL
  • Dec. 15, 2022: Rock Island, IL
  • Jan. 10, 2023: New Orleans, LA
  • Jan. 12, 2023: Wilmington, NC
  • Jan. 17, 2023: Concord, MA.

Interested parties can register to participate in these regional stakeholder workshops via https://www.eventbrite.com/cc/public-law-84-99-rulemaking-outreach-sessions-1299419. Comments can be submitted through www.regulations.gov; via email to 33CFR203@usace.army.mil; or by mail to HQ, US Army Corps of Engineers, ATTN:  33CFR203/CECW-HS/3D64, 441 G Street NW, Washington, D.C. 20314-1000.

USCG. National Boating Safety Advisory Committee (applications due Dec. 19, 2022). The U.S. Coast Guard is accepting applications to fill two vacancies on the National Boating Safety Advisory Committee (Committee). This Committee advises the Secretary of Homeland Security,

via the Commandant of the U.S. Coast Guard, on matters relating to national recreational boating safety. For more information, click here.

NWC SPOTLIGHT

PL 84-99 NWC WORKING GROUP MEETING (Tuesday, Dec. 13, 2022 at 3pm EST). NWC will be holding an initial working call on USACE’s proposed rule to rewrite P.L. 84-99 on Tuesday, Dec. 13 at 3pm EST. Any NWC member who has interest in the issue is welcome to participate in the working group. If you are interested in receiving the zoom link for the meeting, please let Julie Ufner know.

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 potentially scheduled the morning of March 8. More information to come.

NWC LEGISLATIVE POLICY COMMITTEE .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 video conference calls (normally) on the first Thursday of the month. LPC is open to all interested NWC members.

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.