NWC FEDERAL WATERWAYS SPOTLIGHT (June 9, 2022 edition)

Good afternoon NWC members!

There are a quite a few things on our plate this week! First off, Congress is back after the Memorial Day recess for most of the month. While focus is on gun legislation and nominations this week, on June 8 the House of Representatives did pass their version of the 2022 Water Resources Development Act. All eyes now move to the Senate where their version of WRDA 2022 passed out of committee last month (more below).

Also, a reminder to sign up for the Army Corps Civil Works listening sessions next month on Principles, Requirements and Guidelines (PR&G), environmental justice and more. Refer to the section under Federal Spotlight for relevant links.

Speaking of the Federal Spotlight section, check out the interim guidance on the Federal Flood Risk Management Standards (for structures). And be sure to congratulate those who were recently named to the Department of Transportation’s Maritime Transportation System National Advisory Committee, including several NWC members.

Finally, a shout out to our newest NWC member – City of Dallas Water Utilities! Read more about them below and be sure to say hi to them. Welcome abroad!

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

Best, Julie Ufner, NWC

 NWC WELCOMES OUR NEWEST MEMBER

 Join NWC in welcoming our newest member, the City of Dallas Water Utilities!!!

The City of Dallas Water Utilities (DWU) is a not-for-profit department of the City of Dallas, the ninth largest city in the US, providing water, wastewater and stormwater service to approximately 2.5 million people in Dallas and 27 surrounding communities. Its operations are funded through water, wastewater and stormwater rates paid by customers. DWU holds water rights in seven reservoirs with six currently connected (one Dallas-owned and operated reservoir, three USACE reservoirs through conservation storage contracts, and three reservoirs through water supply contracts). DWU also utilizes reuse supplies. DWU operates three water treatment plants, two wastewater treatment plants, operates and maintains 30 miles of levees, and administers 39,000 acres of floodplain.

The NWC representatives for the City of Dallas Water Utilities:

CONGRESSIONAL SPOTLIGHT

OVERVIEW. Congress is in this week and the focus is on gun legislation. Both sides a working to negotiate a package for Congress to take up as soon as this week. Items on the table include waiting periods, changes to the background check system, school security measures and addressing mental health issues.

WATER RESOURCES DEVELOPMENT ACT.  On June 8, the U.S. House of Representatives passed their 2022 version of the Water Resources Development Act (WRDA 2022/H.R. 7776) by a vote of 384-37. All eyes move to the U.S. Senate who has a similar, but not identical, WRDA 2022 bill (S. 4137), which passed out of the Senate’s Environment and Public Works (EPW) Committee. According to committee staff, they are working to schedule a Senate floor vote on S. 4137.

Resources:

  • To see NWC’s high-level section-by-section analysis of the H.R. 7776 (before House vote), click here.
  • To see NWC’s section-by-section analysis for the Senate bill, click here.

FY2023 APPROPRIATIONS. Fiscal Year 2023 appropriations kicks into high gear next week. Six appropriations subcommittees plan to hold markups next Wednesday and Thursday on their Agriculture; Defense; Financial Services; Homeland Security; Legislative Branch; and Military Construction/VA bills. Full committee markups are scheduled for June 22-30. The full committee is slated to mark up the Energy and Water Development and Interior-Environment appropriations bills on Tuesday, June 28. Check here for the latest information on appropriations markups. The markups comes after talks with Senate Republicans stalled to set top-line numbers for mandatory and non-mandatory spending. Under a House measure that passed on Tuesday, appropriators have a top spending number of $1.6 trillion for FY23. 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.

MARITIME PORTS BILL. On June 8, Senate Commerce, Science, and Transportation Committee leaders unveiled a $1.6 billion authorization bill for the maritime industry. The yet-unnumbered bill would reauthorize the Maritime Administration, and provide $750 million for port infrastructure, $318 million for maritime security and expand grant programs for offshore wind workers. To see the draft bill, click here. To read the press release about the bill, click here.

Capitol Hill Hearings of Interest:

Tuesday, June 14, 2022

  • HEARING. WHAT’S THE FORECAST: A LOOK AT THE FUTURE OF WEATHER RESEARCH (10am ET; House Science, Space and Technology Committee). Click here for more information
  • HEARING. EXAMINING FREIGHT RAIL SAFETY (10am ET; House Transportation and Infrastructure Committee). Click here for more information.
  • HEARING. INVESTING IN THE FUTURE: A REVIEW OF THE FISCAL YEAR 2023 BUDGET REQUEST FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY (10am ET; House Homeland Security Committee). Click here for more information.
  • HEARING. Hearings to examine short term and long terms solutions to extreme drought in the western United States. (10am ET; Senate Energy and Natural Resources Committee). Click here for more information.

Wednesday, June 15, 2022

  • HEARING. The Role of Climate Research in Supporting Agricultural Resiliency (10am ET; House Agriculture Committee). Click here for more information.
  • HEARING. Hearings to examine supply chain resiliency, focusing on alleviating backlogs and strengthening long-term security. (3pm ET; Senate Finance Committee) Click here for more information.

FEDERAL SPOTLIGHT

EPA. CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION IMPROVEMENT RULE ( Public comment period ends on August 8, 2022). 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 the proposed rule, click here.

FEMA. PARTIAL IMPLEMENTATION OF THE FEDERAL FLOOD RISK MANAGEMENT STANDARD. On June 3, the Federal Emergency Management Agency (FEMA) released its interim guidance on required actions for elevating and floodproofing structures funded under the Public Assistance program. In the “Partial Implementation of the Federal Flood Risk Management Standard for Public Assistance,” FEMA states that this policy applies to structures in a mapped or established 100- or 500-year floodplain that have substantial damage, require substantial improvement or involve new construction, regardless of the cause of the damage (i.e. structures damaged by an earthquake in a floodplain must meet standard). To read the interim guidance, click here.

FEMA. GUIDE TO EXPANDING MITIGATION. The Federal Emergency Management Agency (FEMA) has released a new publication, “Guide to Expanding Mitigation: Making the Connection to the Coast,” which encourages coastal communities to work together to strengthen community resiliency. Click here to read the guide. 

MARAD. DOT NAMES 25 NEW MEMBERS TO MTSNAC, INCLUDING SEVERAL NWC MEMBERS. On June 8, Department of Transportation Secretary Pete Buttigieg announced the appointment of 25 new members to the Maritime Transportation System National Advisory Committee (MTSNAC). The list includes several NWC members including representatives from the Inland Rivers, Ports and Terminals and Port Houston. A huge shoutout to both Aimee Andres and Roger Guenther for the appointments! Under its charter, MTSNAC is tasked to advise the DOT secretary on opportunities and challenges to short sea transportation. To see the list of MTSNAC nominations, click here.

USACE. REMINDER: Virtual Public and Tribal Meetings Regarding the Modernization of Army Civil Works Policy Priorities, INCLUDING PR&G and EJ (Written comments due by August 2, 2022). 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 public virtual meetings on the following dates:

  • Overview of effort: June 22, 2022, 1 p.m. to 3 p.m. ET
  • Tribal Issues: July 11, 2022, 1 p.m. to 3 p.m. ET
  • Appendix C: July 14, 2022, 2 p.m. to 4 p.m. ET
  • Principles, Requirements and Guidelines: July 18, 2022, 1 p.m. to 3 p.m. ET
  • Environmental justice: July 20, 2022, 1 p.m. to 3 p.m. ET/ July 26, 2022, 2 p.m. to 4 p.m. ET
  • Tribal issues: July 7, 2022, 1 p.m. to 3 p.m. ET /July 12, 2022, 2 p.m. to 4 p.m. ET
  • Tribal on Appendix C: July 19, 2022, 2 p.m. to 4 p.m. ET
  • Tribal on PR&G: July 21, 2022, 1 p.m. to 3 p.m. ET
  • Tribal on environmental justice: July 27, 2022, 1 p.m. to 3 p.m. ET

To register for any of the above meetings, click here (scroll down about ¾ of the way down the page).

Comments are due by Aug. 2, 2022. To submit written 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).

USACE. PROPOSED RULE ON CORPS WIFIA (DAMS) PROGRAM (Comments due 60 days after publication in the Federal Register). In a prepublication version, the U.S. Army Corps of Engineers is asking for feedback on a proposed rule on “Credit Assistance and Related Fees for Water Resources Infrastructure Projects.” This program was authorized under the Water Resources Reform and Development Act of 2014 (WRRDA) and is referenced as the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA). Under the Corps WIFIA program, as currently funded by Congress, the program is limited to safety projects to maintain, upgrade and repair dams under the National Inventory of Dams. The proposed rule lays out the process by which USACE will provide credit assistance. Once published in the Federal Register, comments will be accepted for 60 days. Submit comments through www.regulations.gov (identified by Docket No. COE-2022-004). To read the Federal Register notice, click here.

USACE. Occupational Safety and Health Programs for Federal Employees (Public comment period closes Aug. 2, 2022). On June 9, the U.S. Army Corps of Engineers reopened a comment period for its “Occupational Safety and Health Programs for Federal Employees” manual. This manual lays out the Corps health and safety requirements for all employees AND contractors on USACE activities and operations. To read the notice, click here. Comments must be received by August 2, 2022, and can be sent via www.regulations.gov (Docket COE-2019-015) or via mail to: Safety and Occupational Health Office, Headquarters, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314.

NWC UPCOMING EVENTS

NAVIGATION CAUCUS MEETING (CANCELED, 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, July 15, 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. Registration will open in July.

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. Registration/hotel to open soon. Click here for the latest.