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Skinny Budget

Today’s post features a collaboration between guest author Julie Minerva and Scott and Andrea.

This morning the Trump Administration released its America First Budget (aka the Skinny Budget) for FY18. The text of the document contains much of the same rhetoric you heard in the President’s inaugural address as the budget proposes to focus on advancing the safety and security of the American people. Overall the budget proposes to increase spending for the Department of the Defense by $54B and it does this by eliminating or reducing most domestic discretionary budget items by an equivalent amount. For some agencies the America First Budget cuts straight into the bone. For the potential impact to flood protection programs, read on!

With respect to flood risk reduction efforts, there are only two small line items that mention the U.S. Army Corps of Engineers and you can find them both on page 50 of this link. For FY18 the President proposes total funding for the Corps at $5B. This is a $1B reduction from the budget that the Corps is operating under the current FY17 CR, but it is actually higher than the $4.62B that President Obama proposed in his FY17 budget proposal. As many have noted from past experience, it is typical for the Administration to low-ball the Corps’ proposed budget knowing that Congress will often increase funding during the appropriations process. This is always a challenge for Congress and the broader cuts in the America First budget won’t make this an easy lift for Congress this year. Nonetheless the Corps, at least initially, seems to be in a better starting position than a lot of other federal agencies. However, truly being on the “skinny” side, today’s budget release does not show how this $5B will be spent so it is unclear how the individual accounts within the Corps will shake out. Based on other statements from the Administration, some of us are guessing that the ecosystem restoration work done by the Corps may suffer the most.  The skinny budget also proposes to eliminate emergency funds for the Corps; but again, Congress typically takes care of that.

The proposal for FEMA is a different story. The Trump Administration proposes to eliminate the annual $190M discretionary funding for the Flood Hazard Mapping Program.  It suggests that other funding sources might be available, such as State or local funds.  It also adds a 25% local match requirement for FEMA grants such as disaster recovery and preparedness grants. The budget further notes that these activities are primarily state and local functions. FEMA’s budget outline is on page 23.

More interesting (and potentially a better predictor of the final budget) will be the more detailed budget predicted to be released sometime in May.  Tune in for breaking news!

Julie Minerva is a Washington, DC based infrastructure advocate who specializes in Civil Works and all things related to the US Army Corps of Engineers. You can find her at: jminerva@carpiclay.com

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.

Photo of Andrea P. Clark Andrea P. Clark

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea…

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea for her ability to explain in understandable terms the wide range of issues impacting them, including basic transparency laws (Brown Act and Public Records Act), public bidding and contracting, bond financing, the unique nature of joint powers authorities, and elections. She also regularly counsels clients on water transfers, Proposition 218 compliance, the California Environmental Quality Act, the National Environmental Policy Act, and financing strategies for major capital improvement projects.

With a special expertise in flood control and floodplain management, Andrea is regularly asked to speak on topics ranging from flood insurance to climate change and the future of flood control policy in California. Through her representation of clients in state flood policy and speaking engagements, she has forged strong relationships with key members of the flood control community in California.

Andrea also counsels private clients, including landowners and mutual water companies, on water supply matters, including proceedings before the State Water Resources Control Board, water rights determinations, and contractual disputes with Federal agencies.