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Today the President signed an FY2019 “Minibus” into law (HR 5895) covering three of the twelve appropriations areas – energy and water, MilCon/VA, and legislative branch.  The Energy and Water portion funds the activities of USACE’s Civil Works function.  The agreement would provide a total of $7 billion to USACE, $171.5 million more than in fiscal 2018 and $2.21 billion more than requested by the President in his FY2019 Budget.

Our thanks to our friends at Van Scoyoc Associates for this information.  Major allocations for USACE are shown in the table below:

Account (dollars in millions)AgreementVs. FY 2018Vs. request
Operation and maintenance$3,739.5+$109.5+$1,662.8
Construction$2,183.0+$98.0+$1,311.3
Mississippi River$368.0-$57.0+$123.3
Regulatory program$200.0$0.0$0.0
Formerly Utilized Sites Remedial Action Program (FURSAP)$150.0+$11.0+$30.0
Investigations$125.0+$2.0+$43.0
Flood control and coastal emergencies$35.0$0.0$0.0

Other Highlights of the bill include the following:

The Act allows for six new study starts in FY2019 – one for navigation, one for flood protection, one for environmental restoration, and three for any authorized purpose.

The Act allows for five new construction starts – one for navigation, one for flood protection, one for environmental restoration, and two for any authorized purpose.

There is a prohibition on USACE spending any funds on moving elements of USACE to other agencies.

The Act clarifies that a new start designation is not needed to move from feasibility phase of a study to preconstruction engineering and design phase (PED).

$25M is available for authorized reimbursements to non-federal partners

The Act calls for full use of the Inland Waterway Trust Fund and more than 90% use of the Harbor Maintenance Trust Fund.

The Act allocates $50M for use by Donor and Energy Ports…the full authorized amount.

For all the additional funds provided, USACE has 60 days to produce a Work Plan designating where the money will be allocated in the coming fiscal year, including specific projects and dollar amounts.  At the same time, USACE is preparing its portion of the President’s Budget for FY2020 that will be submitted to Congress in February of next year.

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.