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Washington DCOn Friday May 5 President Trump signed the budget deal that allows the Federal government to move from its one week continuing resolution to an adopted budget for the 2017 Fiscal Year.  The budget deal includes a healthy set of appropriations for flood risk reduction and puts the U.S. Army Corps of Engineers (USACE) on a path toward moving more projects ahead this year.  But the late passage of the budget (after 7 months of the 12 month fiscal year), will hamstring certain USACE actions.

The Budget Act includes a typical appropriation (for the past several years) for USACE. FY2017 Corps Proposed Appropriation contains the specific information for USACE.  It appropriates $121 million for investigations, and allows the Administration to initiate six new starts.  While most people know that the Federal government must first authorize an action, and then appropriate money for that action, it is a lesser-known fact that for USACE projects there is an interim step of a project (or study) obtaining a “new start.”  The new start procedure is a way of ensuring that limited appropriations aren’t spread across too many new projects, thus diluting the dollars available and causing many projects to move slowly, inefficiently, and possibly languishing.  Here, Congress has allowed the Administration to proceed with six new studies.

On the construction side, Congress has appropriated $1.876 billion for construction and has allowed again for six construction new starts.  Importantly, and as a real challenge for USACE and non-Federal sponsors, those six new starts can only be provided for projects where the PPA (Project Partnership Agreement) under which construction will start will be executed by September 30, 2017 (before the end of the current budget year).  The appropriation also includes $362 million for the Mississippi River and Tributaries Project and $3.148 billion for operation and maintenance by USACE.

As always, you can see the true detail of the budget in the Conference Committee Report that lists the specific projects to be funded, and the appropriations available for a work plan.  As noted on page three, USACE is to prepare a work plan to submit to Congress with 45 days that specifies how the Administration proposes to expend the general funds provided to USACE that are not for a particular project.  For all of those projects that did not get a specific appropriation, and for those authorized projects seeking a new start, the Work Plan represents a very important tool for advancing flood risk reduction, ecosystem restoration, or navigation.  Once the Work Plan is published, we will provide a link here.  If you are seeking any of this Work Plan funding, good luck!!  You need to move fast as the key decisions will be locked down in the next week or so.

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.