NWC Federal Spotlight (September 19, 2023)

Dear NWC Members,

We have a couple of updates for you from the Congressional, Federal Agency and NWC front.

Congress is currently facing challenges in passing the FY2024 appropriations by the September 30 deadline. Both the House and Senate are navigating various hurdles, and the risk of a government shutdown is increasing daily. And just a quick reminder that the opportunity to submit your WRDA requests to your Senators is rapidly closing. Read all about it in our Congressional Spotlight.

In our Federal Agency Spotlight, we’re keeping you informed about the latest developments within the administration and federal agencies. There’s a lot happening, and we want to ensure you stay in the know.

Under our NWC Spotlight, we have a couple of important reminders about the upcoming Annual Meeting in Sacramento, scheduled for early October. The agenda is nearly finalized, and we’re eagerly anticipating this event.

As always, we welcome any questions, ideas, or comments you may have. Please feel free to reach out to us.

Best regards, Julie

CONGRESSIONAL SPOTLIGHT

 OVERVIEW: Within the halls of the United States Capitol, a high-stakes race against the clock is underway. Congress is in a tight spot as it confronts the looming deadline for fiscal year 2024 appropriations. The current fiscal year ends on Sept. 30 and none of the 12 FY2024 appropriations bills have been signed into law. With time running out, Congress is left with only a limited number of legislative days to navigate the critical FY2024 appropriations process. Failure to complete this process could lead to a government shutdown, either in full or in part. This is a scenario that both political parties wish to avoid, but the looming challenge may prove difficult to avert.

House Republicans (GOP) floated a Continuing Resolution (CR) bill that was introduced on a Sunday which was negotiated by the GOP’s Main Street Caucus and the House Freedom Caucus. GOP leadership hopes to vote on this measure this week. If passed, this measure would extend the current fiscal year’s deadline through October 31, granting Congress more time to finalize the appropriations bills. However, this extension comes with strings attached. It proposes an 8.13% cut in nondefense discretionary spending (excludes national defense programs, the Department of Veterans Affairs, and disaster relief accounts). Furthermore, the Continuing Appropriations and Border Security Enhancement Act of 2024, contains many of the provisions in the Republican’s border package bill (H.R. 2) while eliminating funding for the administration’s immigration policies, which is not supported by Democrats. Moreover, the CR does not allocate any funding for Ukraine or domestic disaster relief, which are Senate priorities. The bill does contain a month extension for the National Flood Insurance Program which is set to expire on Sept. 30.

House Democrats have already made their stance clear: they will oppose the Republican CR bill. They favor a clean CR that maintains current funding levels and includes provisions for disaster relief and support for Ukraine. This adds to the complexity of the situation, especially since House Speaker Keven McCarthy can only afford to lose the support of four Republicans to pass the bill due to super tight margins in the House. Already, there are rumblings from at least nine GOP conservatives that the CR does not go far enough on spending and policy issues. 

Even if the Republican CR bill passes the House, it faces an uncertain future in the Senate. Senate leaders from both parties have made it abundantly clear that they do not support further cuts to existing programs and are determined to avoid a government shutdown. Consequently, the chances of the Republican CR bill gaining traction in the Senate seem slim.

The fate of the Republican’s CR passage looks grim, prompting House Speaker McCarthy to suggest the possibility of weekend sessions. In addition, McCarthy has hinted at a potential vote on the Defense bill this week, which had been entangled in controversy within the last week.

Meanwhile, the Senate is diligently working on a minibus bill that includes FY2024 funding for three appropriations bills: Agriculture, Military Construction-Veterans Affairs, and Transportation-HUD. However, they face their own set of challenges as conservatives have requested that the bills be separated and voted on individually. This request may potentially delay the votes on the bill (or bills) into the following week, pushing the Senate against the September 30 deadline for FY2024 appropriations and raising the risk of a shutdown.

Senate window for Senators to submit WRDA requests closes on Oct. 6. As reported in our July 27th NWC Federal Spotlight, the Senate Environment and Public Works Committee opened an online window for Senators (only) to submit their study project and policy proposals until Oct. 6 for the yet-to-be drafted Water Resources Development Act 2024 (WRDA 2024) bill. In the July 27 spotlight, we recommended that you reach your Senator(s) to find out their internal process for accepting WRDA 2024-related studies, projects, and policy recommendations. We are hearing of several Senators offices who have stopped accepting constituent suggested WRDA requests and these requests are undergoing an internal vetting process to determine which requests the Senator will submit.

Pending hearings of interest (Any hearings that already occurred can be viewed at the link provided below):

FEDERAL AGENCY SPOTLIGHT

ADMINISTRATION

New Technical Assistance Resources to Help Communities Unlock Opportunities in Bipartisan Infrastructure Law (BIL). On Sept. 13, the White House released an updated technical assistance guide that focuses on federal and state technical assistance programs aimed at accessing and deploying Bipartisan Infrastructure Law and Inflation Reduction Act funding. The updated technical assistance guide builds on the Bipartisan Infrastructure Law’s Guidebook, Rural Playbook, and Tribal Playbook, and the Inflation Reduction Act’s Guidebook and Tribal Playbook. This new guide highlights programs that help communities navigate programs and resources that can help them deliver infrastructure, clean energy, and climate resilience projects. The White House also maintains a webpage with resources on the Inflation Reduction Act’s “elective pay” (often called “direct pay”) provisions, through which tax-exempt and governmental entities can, for the first time, take advantage of tax credits for building clean energy projects. According to the White House, “While some of these programs offer hands-on and intensive planning and delivery support for communities, others are more self-directed resources and tools such as webinars and websites, or funding that can support project planning.  The guide covers more than 150 technical assistance and capacity-building programs encompassing well over $1 billion in Federal support. In addition to federal programs, the guide is also highlighting over a dozen new commitments from states to support local government applicants.”

ENVIRONMENTAL PROTECTION AGENCY

White House Environmental Justice Advisory Council Meeting (Virtual, Sept. 26, 2023). The White House Environmental Justice Advisory Council (WHEJAC) will convene a virtual public meeting on Tuesday, September 26, 2023, from approximately 3 to 8 p.m. EDT. Meeting discussions will focus on several topics including, but not limited to, workgroup activities, proposed recommendations for the Council on Environmental Quality (CEQ) and the White House Environmental Justice Interagency Council (IAC), CEQ briefings, and a new formal charge for the WHEJAC. For more information about the WHEJAC is available here.

National Drinking Water Advisory Council Meeting (Virtual, Oct. 11, 2023, 10:30am—5:30pm ET). The U.S. Environmental Protection Agency’s (EPA) Office of Ground Water and Drinking Water announced a meeting of the National Drinking Water Advisory Council (NDWAC or Council) as authorized under the Safe Drinking Water Act (SDWA). The purpose of the meeting is to allow members of the NDWAC’s Microbial and Disinfection Byproducts (MDBP) Rule Revisions Working Group to present their emergent recommendations to the Council on issues included in EPA’s November 2021 charge to the NDWAC on potential revisions to MDBP rules. Additional details will be provided in the meeting agenda, including how to attend, will be posted on EPA’s NDWAC website prior to the meeting. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

WORKSHOP. Registration is Open for the 2023 Hazard Mitigation Partners Virtual Workshop (Virtual, Oct. 16-19, 2023, from 12:00pm—4:45pm ET). Detailed information about the workshop and a link to register can be found at Registration is Open for the 2023 Hazard Mitigation Partners Workshop | FEMA.gov. The 2023 Hazard Mitigation Partners Workshop is the annual gathering of hazard mitigation experts and partners with the purpose of informing and updating stakeholders about mitigation grants and floodplain management, strengthening those relationships, and providing knowledge transfer between FEMA and our attendees from state, local, tribal, and territorial governments, other federal agencies, and FEMA stakeholders.

WEBINAR. Flood Mitigation Assistance Localized Flood Risk Reduction Projects Webinar (Sept. 20, 2023, 2:00pm—3:30pm ET). FEMA will host the Flood Mitigation Assistance (FMA) Localized Flood Risk Reduction Webinar on Thurs., Sept. 20, 2023, from 2:00 to 3:30 p.m. ET. During this webinar FMA grant program staff will explore Localized Flood Risk Reduction project types; provide an overview of the benefiting area maps; highlight funded projects; and discuss application pitfalls and best practices. Localized Flood Risk Reduction projects are one of three program priorities for FMA in the fiscal year 2023 grant application cycle. These projects address localized flood risk for the purpose of reducing National Flood Insurance Program (NFIP) flood claim payments. This webinar will explore project types, provide an overview of the benefiting area maps, highlight funded projects, and discuss application pitfalls and best practices. Register for this webinar. The webinar recording will be available on a later date, on the same page.

WORKING GROUP. Join FEMA’s Hazard Mitigation External Stakeholder Working Group (ESWG) for 2024 (Letter of interest due Sept. 22, 2023) FEMA’s Hazard Mitigation Assistance (HMA) Division is seeking members for its External Stakeholder Working Group (ESWG) for 2024. To be considered for a January 2024 membership term start date, complete an Expression of Interest form by Fri., 5:00 p.m. ET on Sept. 22, 2023.  The ESWG is a collaborative working group established in 2016 with the purpose of increasing engagement and transparency with non-federal partners in hazard mitigation, including states, local communities and jurisdictions, tribal nations, and territories (SLTT). The ESWG provides a venue in which federal partners and external stakeholders can openly communicate, share insight and feedback on mitigation and/or program issues, and increase transparency and understanding regarding HMA policy development and program priorities. To be considered for a position on the ESWG, please complete the Expression of Interest form and email it to joshua.ghaffari@fema.dhs.gov by Fri., 5:00 p.m. ET on Sept. 22, 2023.

Buy American Requirements and FEMA Grant Programs. The Build America, Buy America Act (BABAA), enacted as part of the Infrastructure Investments and Jobs Act (IIJA) in 2021, is now in effect for FEMA, and it carries significant implications for grant recipients. BABAA mandates that certain infrastructure projects receiving federal financial assistance must exclusively use iron, steel, manufactured products, and construction materials made in the United States. This requirement applies to a variety of grant programs, and it’s crucial for you to understand if your projects fall under its purview. According to FEMA, 23 grant programs are subject to BABBA, including Building Resilient Infrastructure and Communities (BRIC); Flood Mitigation Assistance (FMA); Port Security Grant Program; Pre-Disaster Mitigation; Rehabilitation of High Hazard Potential Dams; and Safeguarding Tomorrow Through Ongoing Risk Mitigation (STORM) Act revolving loan fund. However, please note that BABAA does not apply to the Hazard Mitigation Grant Program or the National Dam Safety Program. Understanding the complexity of this requirement, FEMA is actively working to ease the administrative burden on grant recipients and have introduced several waivers for the BABAA requirement, including: a six-month adjustment period waiver for tribes, allowing time for tribal consultations and technical assistance; small projects waiver, exempting projects with a total cost of less than $250,000; and a de minimis waiver, which applies to 5% of material costs subject to BABAA, up to $1 million. For more information, read FEMA’s “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure, FEMA’s interim BABAA Policy, FAQs and a Best Practices Guide.

FEMA RELEASES FFRMS GUIDANCE DOCUMENT ON BUILDING IN FLOODPLAINS. On Sept. 12, FEMA, along with the National Oceanic and Atmospheric Administration (NOAA), the U.S. Department of Housing and Urban Development, and the National Climate Task Force’s Flood Resilience Interagency Working Group, released the Floodplain Development Job Aid to help federal agencies and their non-federal partners conduct a screening to determine if a proposed federally funded action will be located within a Federal Flood Risk Management Standard (FFRMS) floodplain. FFRMS is a standard that applies to federally funded projects where taxpayer funds are used for new construction, substantial improvement, or to address substantial damage to structures and facilities. Agencies are required to expand management from the base floodplain to a higher vertical flood elevation and corresponding horizontal floodplain based on approaches outlined in Executive Order (E.O.) 13690: Establishing a Federal Flood The standard also requires agencies to apply higher standards for actions they determine to be critical actions, for which the risk of flooding is too great, such as critical facilities, including police, fire, and hospitals. The Job Aid can be accessed on FEMA’s website. In addition, NOAA created a short video that describes the Job Aid and provides an overview of E.O.13690 and the FFRMS.

RECAP of National Dam Safety Review Board’s July 19-20 Meeting. According to an email, the National Dam Safety Review Board met on July 19-20. Key topics discussed include: Announcements; BIL Listening Sessions Summary; Research Summit Summary; FY24 Collaborative Technical Assistance (CTA) Update; Population at Risk (PAR) Briefing; and the USACE Water Infrastructure Financing Program. Under Announcements, FEMA has established email contacts for support and grants inquiries: Overall support: FEMA-NDSP-SUPPORT@fema.dhs.gov and Grants-related questions: FEMA-NDSP-Grants-HQ-Section@fema.dhs.gov. Additionally, NDSRB has created several tasks groups and is looking for volunteers: National Dam Safety Program: Risk Task Group which focuses on Risk-Informed Decision-Making (RIDM) guide and Potential Failure Mode Analysis (PFMA) and will review tasks and publications; National Dam Safety Program: Dam Performance Database Task Group, which will focus on dam performance, removal, cybersecurity, etc.; and the National Dam Safety Program: Dam Lifecycle Task Group which will focus on dam lifecycle development publication. For more information on the task groups or to join, email alesia.zagara@associates.fema.dhs.gov. BIL Listening Sessions Summary: Feedback from spring 2023 Listening Sessions is available. These sessions helped allocate funds from the Bipartisan Infrastructure Law. For FY24, FEMA will publish funding opportunities for State Assistance and Rehabilitation of High Hazard Potential Dams. For more details, visit FEMA’s Listening Sessions webpage. Research Summit Summary: The Research Summit Summary Report, held in February 2023, evaluates industry needs for dam safety. It identifies 31 projects to commence in FY23-25. Find the report here. FY24 Collaborative Technical Assistance (CTA) Update: FEMA’s CTA series aids dam-related flood risk understanding. Twenty-one FY24 applications were reviewed virtually on July 18, 2023. Selected cohorts will be notified in September, with the program starting in October. Population at Risk (PAR) Briefing: The presentation by Ed Beadenkopf and Jason Needham highlights PAR’s importance for dam safety. Different datasets are used, and integration efforts are underway to improve accuracy and consistency. Further research will focus on demographics, population dynamics, and data format. USACE Water Infrastructure Financing Program: Kevin McDonald, the Director of Loan Operations for the Corps Water Infrastructure Financing Program (CWIFP), discussed the new loan program which offers loans for dam safety projects. The program covers a wide range of costs and provides low-interest, fixed-rate loans with flexible repayment options. The application process takes approximately two years from start to finish. For more information, visit FEMA’s Dam Safety Program and sign up for NDSRB updates here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Request for Information on Equitable Delivery of Climate Services; Comment Period Extension (Comments due Oct. 21, 2023). On July 21, 2023, The U.S. Department of Commerce (Department), via the National Oceanic and Atmospheric Administration (NOAA), announced a Request for Information (RFI) on how to enhance NOAA’s delivery of climate data, information, science, and tools (“climate services”) and ensure that this delivery is equitable and accounting for the needs and priorities of a diverse set of user communities as they engage in climate preparedness, adaptation, and resilience planning. Building on the work that NOAA is already doing to prepare communities for increasing climate impacts, the input from this RFI will be used to create an Action Plan that will inform more equitable and inclusive design, production, and delivery of climate services for users of all disciplines and backgrounds. Written comments were due by September 21, 2023. Under the unique circumstances of the timing of the publication of the Federal Register notice, NOAA has decided to extend the public comment period by 30 days, to October 21, 2023. NOAA refers the reader to the July 20, 2023 Federal Register notice (88 FR 46773) for background information concerning the Request for Information on Equitable Delivery of Climate Services. For additional information, please visit: https://www.noaa.gov/stories/noaa-seeks-public-comment-to-inform-more-equitable-climate-service-delivery.

U.S. ARMY CORPS OF ENGINEERS

Inland Waterways Users Board Meeting (In-person/virtual, Oct. 19, 2023). The Department of the Army has announced a meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board) on Oct. 19, 2023 from 9am—2pm EDT. This meeting will both in person and virtual and open to the public. For additional information about the Board, please visit the committee’s website. The Inland Waterways Users Board meeting will be conducted at the Hilton Springfield Hotel, 6550 Loisdale Road, Springfield, Virginia 22150, 703-971-8900. The online virtual portion of the Inland Waterways Users Board meeting can be accessed at https://usace1.webex.com/meet/ndc.nav, Public Call-in: USA Toll-Free 844-800-2712, USA Caller Paid/International Toll: 1-669-234-1177 Access Code: 199 117 3596, Security Code 1234. The Board is chartered to provide independent advice and recommendations to the Secretary of the Army on construction and rehabilitation project investments on the commercial navigation features of the inland waterways system of the United States. At this meeting, the Board will receive briefings and presentations regarding the investments, projects, and status of the inland waterways system of the United States and conduct discussions and deliberations on those matters. The Board is interested in written and verbal comments from the public relevant to these purposes.

APPLICATION WINDOW OPENS FOR Corps Water Infrastructure Financing Program (Application window opens Sept. 20 and closes Dec. 19, 2023). On September 20, the U.S. Army Corps of Engineers will officially launch the Corps Water Infrastructure Financing Program (CWIFP), a credit assistance initiative for non-federal dam safety projects. CWIFP has received a total budget allocation of $81 million through the Consolidated Appropriations Act of 2021, the Infrastructure Investment and Jobs Act, and the Consolidated Appropriations Act of 2022. This Notice of Funding Availability (NOFA) aims to invite initial applications from potential borrowers interested in obtaining credit assistance from the Corps through CWIFP. Project selection will be based on specified criteria detailed in this NOFA. Interested borrowers can access the online application portal at CWIFPapp.usace.army.mil; the window for applying is September 20 to December 19, 2023. Please reach out to cwifp@usace.army.mil with any questions about the application process or general questions about the program.

U.S. COAST GUARD

National Towing Safety Advisory Committee Meeting (In-Person-New Orleans; Sept. 26-27, 2023). The National Towing Safety Advisory Committee (Committee) will conduct a series of meetings over two days in New Orleans, LA to review and discuss matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety on Sept. 26-27, 2023. These meetings will be open to the public.

U.S. GEOLOGICAL SURVEY

WEBINAR: Development of UAS-based Software-Defined Radar for Measuring Freshwater Bathymetry (Thursday, Sept. 21, 2023 at 10:30am PT).  The session discusses the US Geological Survey’s (USGS) innovative use of small uncrewed aircraft systems (sUAS, or drones) equipped with radar technology to measure stream discharge in various conditions. Traditional methods involve measuring depths and water velocities at multiple points in a stream or river. The USGS, in collaboration with the University of Southern California (USC), is developing and testing a software-defined radar (SDRadar) system for sUAS. The project aims to measure stream bathymetry in depths ranging from 0.1 to 10 meters. USC has focused on optimizing radar configurations, antenna design, and signal-to-noise ratio enhancements, all while ensuring the system’s compatibility with sUAS weight limitations. Field tests are scheduled for November on the Sacramento River. Log in meeting details: https://doitalent.zoomgov.com/j/1600223613; Meeting ID: 160 022 3613; Passcode: 444325.

NWC SPOTLIGHT

2023 Annual Meeting (October 2-4, 2024): Just a quick reminder that NWC’s Annual Meeting occurs in in Sacramento, Calif. on Oct. 2-4, 2023. A new agenda was posted today. Please note that ASACW Michael Connor is now scheduled to speak on Wednesday, Oct. 4 before we adjourn for the mobile tour of Folsom Dam. Find out more here.

NWC Legislative Policy Committee Meetings. For those of you interested in federal legislative and regulatory issues, NWC’s Legislative Policy Committee (LPC) meets monthly to discuss the latest in DC. Meetings are normally on the first Thursday of the month at 4pm ET. If you are interested in participating, and have not received that calendar invite, let Julie Ufner (julie@waterways.org) know.