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T&I WRDA Implementation Hearing/Regulatory Priorities/ Grant Standoff

Sept. 11, 2025

REMEMBERING SEPTEMBER 11

Today marks twenty-four years since the September 11 attacks, a day of unimaginable loss and collective grief. We pause to honor the lives taken, the families forever changed, and the bravery of first responders and service members who stood in the breach.

The aftermath of that day also revealed the importance of resilience – in people, in communities, and in the systems that sustain our nation. Strong and reliable infrastructure, coordinated response, and the ability to recover in the face of crisis are essential to moving forward together. On this anniversary, we recommit ourselves to strengthening the nation’s water resources – navigation, flood control, ecosystem restoration, hydropower, recreation, and water supply – so that future generations inherit a safer and more resilient future.

CONGRESSIONAL OVERVIEW

Since our alert earlier this week, Congress this week wrestled with both must-pass legislation and politically charged debates. The White House put forward a continuing resolution to extend current funding through January 31, 2026, a move meant to avert a shutdown at the September 30 fiscal year deadline. At the same time, the Senate narrowly blocked a Democratic amendment to the annual defense authorization bill that would have required public release of Jeffrey Epstein case files, with two Republicans siding with Democrats in support.

Next week, attention will intensify on the funding debate. Negotiators must decide whether to move on the White House’s longer stopgap or push for shorter extensions, with the shape of that resolution likely to influence ongoing appropriations talks. Parallel efforts in the House to force action on Epstein records could complicate floor dynamics, adding to the uncertainty as leaders look to balance policy disputes with the urgent need to keep the government open. 

T&I SUBCOMMITTEE EXAMINES USACE WRDA EXECUTION

On September 10, 2025, the House Transportation and Infrastructure Committee’s Subcommittee on Water Resources and Environment held an oversight hearing titled “Water Resources Development Acts Implementation, Review and Oversight of Past Provisions,” with Assistant Secretary of the Army for Civil Works Adam R. Telle and Lieutenant General William H. Graham Jr., Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers (USACE), as witnesses. Members examined delivery speed, costs, and dredging backlogs, including priorities such as inland waterway lock rehabilitation, Brunswick Harbor maintenance, and the New Savannah Bluff Lock and Dam. Telle emphasized consistency and accountability across the Office of the Assistant Secretary of the Army for Civil Works, USACE headquarters, divisions, and districts, and called for optimizing quality, speed, and cost. He said the administration plans to finalize a permanent definition of Waters of the United States (WOTUS) consistent with the Supreme Court’s Sackett decision, and he noted updates to USACE procedures that implement the National Environmental Policy Act (NEPA). Graham described USACE’s focus on getting the engineering right, getting projects built, and getting the team right, including beneficial use of dredged material, stronger feasibility study and preconstruction engineering and design (PED) discipline, risk management, and early contractor engagement. The committee underscored the need to keep Water Resources Development Act (WRDA) implementation on schedule and to reduce dredging backlogs that affect navigation and flood risk management.

Resources:

ADMINSTRATION RELEASES REGULATORY PLANS FOR NEXT SIX MONTHS

The Trump administration has released its Spring 2025 Unified Agenda of Federal Regulatory and Deregulatory Actions, offering the latest snapshot of rulemaking priorities across federal agencies. The agenda outlines which regulations agencies plan to propose, finalize, or withdraw in the coming months, serving as a roadmap for both short-term initiatives and long-term policy shifts. While not legally binding, the Unified Agenda signals the administration’s regulatory philosophy and provides Congress, stakeholders, and the public with a clearer sense of where agencies are focusing their resources. For those tracking water resources, infrastructure, and permitting, the agenda highlights several items with direct implications for federal programs and non-federal partners.

Some USACE regulations of interest:

Please note that if NWC sent letters on any of the proposed rules, they will be listed above. These letters are requested through NWC’s Legislative Policy Committee, which proposes and vets NWC’s policies. If anyone is interested in serving on LPC, which meets monthly on the first Thursday, please reach out to julie ufner at julie@waterways.org.

 Democrats Warn Trump Freeze Risks Billions in Expiring Funds

Congressional Democrats are raising concerns over the Trump administration’s decision to freeze or cancel more than $410 billion in federal funding, warning that much of it will expire when the fiscal year ends on September 30. Senate Appropriations Vice Chair Patty Murray and House Appropriations Ranking Member Rosa DeLauro said President Trump and OMB Director Russ Vought have slowed the release of spending already approved by Congress, including FEMA disaster relief, NIH medical research, and NOAA coastal resilience projects. While the administration has defended the delays as programmatic reviews, the Government Accountability Office has flagged multiple instances as potential unlawful “impoundments,” a rare maneuver not seen in decades. With only a handful of spending bills passed and the October 1 deadline looming, Democrats stress that Republicans must work with them to ensure these funds are fully released while also negotiating a bipartisan plan to keep the government open. To view the Democrats chart, click here.

DISTRICT JUDGE ALLOWS FEDERAL LAYOFF LAWSUIT TO PROCEED

On September 9, 2025, Senior U.S. District Judge Susan Illston largely denied the administration’s motion to dismiss in American Federation of Government Employees, AFL CIO et al. v. Trump et al., No. 3:25 cv 03698 SI, allowing unions, local governments, and nonprofits to continue challenging government wide layoff and reorganization plans. The court rejected arguments that the claims are jurisdictionally barred, and clarified that earlier Supreme Court action staying a preliminary injunction did not resolve the merits. The court dismissed claims against the Department of Government Efficiency as not a properly named defendant, while granting leave to amend by September 30 to more precisely identify the U.S. DOGE Service. The order appears on the Northern District of California docket for 3:25 cv 03698 SI, which provides access to filings and decisions, and can be cross referenced with prior orders in the case and the Supreme Court’s July 8 stay.

Julie A. Ufner
President and CEO
National Waterways Conference (NWC)
703-203-4795 (cell)
waterways.org