NWC Federal Spotlight

September 26, 2023

Dear NWC Members,

We have a couple of updates for you from the Congressional, Federal Agency, and NWC front. Please note this is a shorter Federal Spotlight than normal due to NWC’s Annual Meeting in Sacramento next week.

The largest bit of news is that we are four days away from a potential federal government shutdown and the path forward is uncertain. Read about it in our Congressional Spotlight.

Speaking of a potential shutdown, just a reminder that NWC will be holding their 2023 Annual Meeting in Sacramento next week, rain or shine. We look forward to seeing you! Read more in our NWC Spotlight.

In our Federal Agency Spotlight, we’re keeping you informed about the latest developments within the administration and federal agencies.

Finally, we want to do a quick shout-out and congratulations to Cary Davis on his well-deserved appointment as the incoming President and CEO of the American Association of Port Authorities (AAPA). NWC has had the privilege of fostering a fruitful partnership with AAPA over the years. Together, we have worked on various Federal advocacy initiatives and actively engaged in discussions concerning navigation-related matters. In recent times, both Cary Davis and I have had the honor of sharing valuable insights during the PNWA Mission to Washington, devolving into critical topics such as federal funding, legislation affecting ports and navigation, and the broader national political landscape. We look forward to our continued work with Cary and his staff.

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

Best regards,

Julie

CONGRESSIONAL SPOTLIGHT

Overview: Both the House and Senate are in session this week and what a week it is! Congress is now down to the wire with a potential federal government shutdown at midnight on Saturday. How did we get here? Every year, Congress needs to pass, and the President needs to enact, 12 appropriations bills to keep the federal government running by Sept. 30, the end of its fiscal year. To date, “0” appropriations bills have been signed into law. The House has passed one of the 12 bills (Military Construction-Veterans Affairs) to the Senate’s “0.”

In recent years, this has become the norm. In the last 50 years, Congress has only passed all its appropriations bills before the Oct. 1 deadline four times (1977, 1989, 1995 and 1997). For those other times, either Congress passes a Continuing Resolution (CR) to a certain date to keep the federal government open under the previous fiscal year numbers to allow time for negotiations and/or a federal shutdown occurs until a CR is passed or appropriations negotiations conclude. Since 1980, the federal government has partially or fully shut down 14 times.

If you are curious about what happens (or doesn’t happen) during a shutdown, check out these nonpartisan Congressional Resource Service reports:

But we digress. We have interesting dynamics in the House and Senate that are at play. House Speaker Kevin McCarthy has faced ongoing opposition from some Republicans in recent weeks who are demanding deeper cuts than those agreed to in the debt ceiling agreement.

While the Republicans had originally proposed a short-term CR last week, these Republicans said no. McCarthy indicated this week that a new (or modified) CR proposal may be voted on in the House, even though its future looks uncertain, and it’s dead on arrival in the Senate, due to additional funding cuts and policy provisions. Concurrently, McCarthy is allowing House members to vote on several appropriations bills (Agriculture-FDA, Defense, Homeland Security and State-Foreign Operations) with deep cuts this week even though these bills are unlikely to pass in a Democratic-controlled Senate where Democrats and Republican senators have been almost in lockstep on increasing defense and domestic funding. And even if these bills pass the House, there is no time left to successfully move them through the Senate before Oct. 1.

On the Senate side, Senate Majority Leader Chuck Schumer (D-NY) has been working to craft a short-term CR that would extend funding to Nov. 17. This is shorter than the Democrats’ original plan for a CR to run into December. The bill’s text is available, as is a section-by-section summary. The Senate plans to use the House passed FAA reauthorization bill as the vehicle to move their CR language.

If the Senate passes this CR, then McCarthy will face a challenging decision. If he decides to move this bill, several more conservative Republicans have already put him on notice they will ask for a “no confidence” to remove him as House speaker. Remember, under the House rules passed after the speakers vote in January, it only takes one representative to call up this vote.

Simultaneously, some House Republicans are collaborating with Democrats on a discharge petition. This procedural move would compel a vote on the Senate CR within nine “legislative days” (different from calendar days and counted only when Congress is in session).

This scenario could potentially spark a showdown within the GOP, highlighting divisions within the party’s direction. The discharge petition would require the support of just five Republicans joining with Democrats to pass, adding another layer of complexity to the evolving situation.

Senate WRDA portal closing soon. Maybe. In an earlier NWC Federal Spotlight (July 17, 2023), we reported on the Senate’s Environment and Public Works Committee opening a portal until October 6 for Senators to submit their requests related to the Water Resources Development Act (WRDA) for the 2024 bill. We have recently received information from a committee staffer indicating that if there is a government shutdown, the Committee’s submission deadline may be extended.

If you are considering making a WRDA request and have not yet reached out to your Senator, it’s important to act quickly as the submission window is closing rapidly. However, it’s essential to note that each Senator has their own internal policy regarding policy submissions. We are already aware of some Senators who are no longer accepting policy suggestions.

If you miss the opportunity with the Senate, be sure to engage with your Representatives as well. The House plans to open their submission window “soon.” By having both a Senator and Representative submit your proposed language, you increase your chances of having it included in the base bill.

Once the submission portals close, committee staffers on both sides of the aisle will jointly work together to compile all the requests and begin internal assessments to determine the feasibility of the proposals. It’s worth mentioning that WRDA is a rare bipartisan Congressional bill. Committee staff strongly recommend that submitters and members of Congress thoroughly research and ensure that the proposals are both feasible and have widespread support, avoiding controversy.

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

FEDERAL AGENCY SPOTLIGHT

ENVIRONMENTAL PROTECTION AGENCY

Credit Assistance under the State Infrastructure Financing Authority Water Infrastructure Finance and Innovation Act Program (Notice of funding availability). The purpose of this notice of funding availability (NOFA) is to solicit letters of interest (LOIs) from prospective state infrastructure financing authority borrowers seeking credit assistance from the U.S. Environmental Protection Agency (EPA) under the State Infrastructure Financing Authority Water Infrastructure Finance and Innovation Act (SWIFIA) program. EPA estimates that it may lend approximately $1 billion to help finance approximately $2 billion in water infrastructure investment.

Credit Assistance under the Water Infrastructure Finance and Innovation Act Program (Notice of funding availability). The purpose of this notice of funding availability (NOFA) is to solicit letters of interest (LOIs) from prospective borrowers seeking credit assistance from the U.S. Environmental Protection Agency (EPA) under the Water Infrastructure Finance and Innovation Act (WIFIA) program. EPA estimates that it may lend approximately $6.5 billion to help finance approximately $13 billion in water infrastructure investment.

FEDERAL EMERGENCY MANAGEMENT AGENCY/DEPARTMENT OF HOMELAND SECURITY

FEMA Releases the Business Operations Center Guide for Private-Public Partnerships. The Business Emergency Operations Center Guide provides a roadmap for any jurisdiction to integrate the private sector into emergency management planning and operations. A Business Emergency Operations Center (BEOC) is one type of private-public partnership described in the recently released Information Sharing Guide for Private Public Partnerships.  According to FEMA, a BEOC can improve response and recovery preparedness and build resilience in any jurisdiction. A BEOC partnership provides a forum for integrating private and public sector planning, information sharing and operational coordination for response, recovery, and resilience operations. BEOCs are a component of an Emergency Operations Center, referenced in many National Incident Management System products and the Comprehensive Preparedness Guide 101. With joint objectives for coordination, collaboration and cooperation with whole community partners, businesses can work through their disaster-oriented problems together with government agencies in a trusted environment. To download the guide visit, FEMA.gov.

DHS Announces Additional $374.9M in Funding to Boost State and Local Cybersecurity. The Department of Homeland Security (DHS) announced the availability of $374.9 million in grant funding for the Fiscal Year (FY) 2023 State and Local Cybersecurity Grant Program. Award recipients may use the funding for a wide range of cybersecurity improvements and capabilities, including cybersecurity planning and exercising, hiring cyber personnel and improving their services that citizens rely on daily.  The program is jointly administered by the Cybersecurity and Infrastructure Security Agency (CISA) and FEMA. CISA provides expertise and guidance on cybersecurity issues while FEMA manages the grant award and allocation process. State and local governments have until Oct. 6 to apply for this FY23 grant opportunity. For more information and helpful resources on the State and Local Cybersecurity Grant Program, visit FEMA’s webpage: State and Local Cybersecurity Grant Program | FEMA.gov.

National Dam Safety Program to Host Fiscal Year 2024 Funding Opportunities Webinars. FEMA and the National Dam Safety Program have announced the grant disbursement schedule for fiscal year 2024, including proposed amounts for the Rehabilitation of High Hazard Potential Dams (HHPD) grant program and the State Assistance (SA) grant program. The funding is over five years from 2021-2026 for two programs:

  • Rehabilitation of High Hazard Potential Dams: The grant program received $585 million to provide technical, planning, design, and construction assistance for eligible high-hazard potential dams.
  • State Assistance Grants: This grant program received $148 to provide financial assistance to states and territories to help strengthen the administration of their dam safety programs.

Stakeholders are encouraged to attend the upcoming Fiscal Year 2024 funding opportunities webinars. There are two iterations of the pre-award webinar and two special topics webinars. Please sign up using the links below.

  • Sept. 28/Oct. 17, 1 -2 p.m. Eastern Time. FY2024 Fall NDSP Grants Pre-Award/ NOFO Pre- Award: https://forms.office.com/r/3A4TmiPdpL
    • For both FY24 Rehabilitation of High Hazard Potential Dams and State Assistance funding opportunities.
  • Oct. 25, 2 – 3 p.m. Eastern Time. NDSP- Cybersecurity and Infrastructure Security Agency: Dam Sector: https://forms.office.com/r/U0Wd6cEufq
    • FEMA’s NDSP is partnering with the Dams, Stakeholder Engagement Division of the Cybersecurity Infrastructure Security Agency (CISA) to host this webinar. It  will provide an overview on CISA and its role as the Sector Risk Management Agency for the Dams Sector, what the team does and how it partners to develop products, tools, and training. The team will also go over resources and training, dedicating a few slides on the cyber resources, in particular the Dams Sector Cybersecurity Implementation Framework.
  • Oct. 26, 1 – 3 p.m. Eastern Time: NDSP Rehabilitation of High Hazard Potential Dams Program Special Topics: https://forms.office.com/r/mz9CifVNx3
    • This webinar will be dedicated to subjects (as they pertain to the HHPD grant program) Hazard Mitigation (HM) Planning and Environmental Planning and Historic Preservation (EHP) Requirements.

For more information about the National Dam Safety Program, please visit FEMA’s website

MARITIME ADMINISTRATION 

MARAD announces grants for the Marine Highway Program. On Sept. 21, the Department of Transportation’s Maritime Administration (MARAD) announced that they awarded close to $12 million in grants to eight marine highway projects in Alaska, Illinois, Indiana, Louisiana, Texas, Washington and Wisconsin, including to several NWC members. Projects receiving funding include the  Matanuska-Susitna Borough (Alaska) was awarded $944,804 for the acquisition of a 75-ton rough terrain crane for loading and unloading cargo, freight, fuel, equipment, and other goods at Port MacKenzie;  the Kaskaskia Regional Port District in Illinois was awarded $1,008,750 for the acquisition of eight shuttle cars, which are the final component needed to complete the infrastructure expansion at the Kaskaskia Regional Port District; the Ports of Indiana was awarded $2,250,000 for the acquisition of a new crane for the Ports of Indiana-Mount Vernon; the Morgan City Harbor and Terminal District in Louisiana was awarded $3,320,000 for the procurement, delivery, and assembly of cargo transloading equipment, specifically a 220-ton crane and a 25-ton forklift; the Port of Beaumont Navigation District of Jefferson County, Texas was awarded $2,041,925 for the acquisition of two reach stackers, which will be used as the primary equipment for cargo movements associated with the Port of Beaumont Container on Barge Service from the Port of Beaumont to Port Houston; the Port of Bellingham was awarded $1,021,747 for the purchase of a portable barge ramp for the Bellingham Shipping Terminal (BST) to support the movement of lumber, refrigerated and non-refrigerated containers, rolling stock, and household goods between the Port of Bellingham and Port of San Diego as part of the United States Marine Highway Route M-5; SeaTac Marine Services, LLC (STMS) was awarded $811,965 for the acquisition of a Tier 4 forklift for Alaska-bound cargo; and Lake Michigan Carferry, Inc. was awarded $600,000 to support a zero-emission/carbon capture feasibility analysis to convert the SS Badger from a coal-fired steamship to a zero-emission ferry vessel.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

Council Coordination Committee Meeting (Hybrid, Oct. 11-13, 2023). The National Marine Fisheries Service, Office of Sustainable Fisheries will host a hybrid meeting of the Council Coordination Committee, also known as the CCC, consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors from October 11 to October 13, 2023. The intent of this meeting is to discuss issues of relevance to the Councils and NMFS, including issues related to the implementation of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) including, but not limited to the Process for Establishing Fishing Regulations in National Marine Sanctuaries, Overview of the Fiscal Responsibility Act, and Proposed National Environmental Policy Act Regulations.

U.S. GEOLOGICAL SURVEY 

National Geospatial Advisory Committee Meeting (in person, Oct. 11-12, 2023; webinar options). U.S. Geological Survey (USGS) is publishing this notice to announce that a Federal Advisory Committee meeting of the National Geospatial Advisory Committee (NGAC) will take place and is open to members of the public. The NGAC provides advice and recommendations related to the management of Federal and national geospatial programs, the development of the National Spatial Data Infrastructure (NSDI), and the implementation of the Geospatial Data

Act of 2018 (GDA) and the Office of Management and Budget Circular A-16. The NGAC reviews and comments on geospatial policy and management issues and provides a forum to convey views representative of non-federal stakeholders in the geospatial community. Instructions for registration to attend the meeting will be posted at www.fgdc.gov/ngac. Comments can be sent by email to gs-faca@usgs.gov.

Grime-AI: Semi-Automated Image Classification Software for Image-Based Water Level Monitoring (Webinar: Thursday, Oct. 5 at 10:30am PT). On Oct. 5 at 10:30am PT, the National Innovation Center (NIC) along with NGWOS Research and Development will hold a webinar where Troy Gilmore (University of Nebraska), Mary Harner (University of Nebraska Kearney) and Keegan Johnson (USGS) will present their work on GRIME-AI.  The water monitoring community is rapidly incorporating the use of cameras in monitoring networks, and innovative image processing and machine learning techniques offer the possibility of novel environmental sensing methods, such as the ability to measure water level from timelapse camera imagery. To leverage emerging machine learning technology, vast amounts of annotated training data are required. Currently, the process of fully attributing images with annotations is accomplished manually within the USGS but this system as the potential to automate machine learning model annotation and prediction. Log in information: https://doitalent.zoomgov.com/j/1616168505; Meeting ID: 161 616 8505, Passcode: 266514.

NWC SPOTLIGHT

2023 Annual Meeting (October 2-4, 2024): We’ve gotten several questions on whether NWC’s Annual Meeting will happen if a federal government shutdown occurs. Simply, NWC’s Annual Meeting in Sacramento will happen. We are well-prepared to address any unexpected challenges that may arise during the event to ensure this is a valuable event for attendees and speakers. If there are changes to the agenda, those announcements will be made via the meeting app (look for the “What to know before you go,” email that was sent to all registrants yesterday from Julie).  We encourage you to download this app which will contain the latest announcements, updated agendas, speakers, attendees, and sponsors. Finally, if a shutdown occurs and you are flying to the Annual Meeting on Oct. 1 or later, please note that TSA lines may be longer and plan accordingly.

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 (will be rescheduled in October). If you are interested in participating, and have not received that calendar invite, let Julie Ufner (julie@waterways.org) know.