All joking aside about a gridlocked Congress, real progress has been made this week on flood risk reduction authorizations and appropriations. As explained below, it is looking like the 2018 Water Resources Development Act (WRDA) may pass shortly, and the relevant budget subcommittees are ready to move an agreed-upon appropriations
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 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.
USACE 408 Guidance Is Officially Final (EC 1165-2-220)
We previously reported on and provided what appeared to be final drafts of the new 408 guidance. On Friday we received the formal version, and are providing access to it here: EC_1165-2-220.
Keep coming back for more helpful information on legal updates & commentary on flood risk and floodplain
USACE Issues Guidance for Use of Supplemental Appropriation
We are happy to share the guidance on how USACE should be moving forward with projects funded under the Supplemental Appropriation. The guidance can be found here.
The appropriation provided an incredible $15 billion for construction:
Public Law 115-123 provides $15,055,000,000 in Construction funding (Supplemental Construction funds) to
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USACE 408 Guidance May Be Final (EC 1165-2-220)
Will the Army Corps of Engineers lose the Civil Works mission? Looks like the Department of Defense is making some plans.
In late June, President Trump unveiled his administration’s plan to reorganize the federal government. The proposed shakeup is entitled “Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations.” On page 15 of the proposal you will find: “Move the Army Corps of Engineers (Corps) Civil Works out of the Department of Defense (DOD) to the Department of Transportation (DOT) and Department of the Interior (DOI).” This proposal has left many people asking questions, such as how would it work? Would it be better? Does Congress need to approve it? And how is this different than every other proposal made in the past? Indeed, during a recent Senate hearing, Senators voiced inquiries about the Department of Defense’s views:
No Long-Term Reauthorization Yet; NFIP Extended Through November 30, 2018
In a last minute move to avert a mini-financial disaster, today the Senate passed, and the president signed, a bill to extend the NFIP until November 30, 2018. The House had previously passed a companion bill. Demonstrating the broad support to keep the program running, the Senate passed the bill 86-12 and the president signed it within hours.
USACE Issues 2018 Workplan
At noon eastern time on Monday, June 11, 2018 the U.S. Army Corps of Engineers (USACE) issued its 2018 Workplan. Although approximately two weeks late, the Workplan contains enough goodies for around the United States as to allow most people to forgive USACE for the delay.
We Are Happy to Share the Comments of the L.A. Coastal Protection and Restoration Authority
Many thanks to the Louisiana Coastal Protection and Restoration Authority for filing such thoughtful comments on the Corps of Engineer’s draft 408 guidance.
If you filed your own comments, please share them so we can post them here as well.
Leadership Changes at FEMA’s Flood Insurance Group
Should the Civil Works Mission Leave the US Army Corps of Engineers?
As happens on a regular political cycle, there are stories being published again with calls for USACE’s Civil Works mission to leave USACE and move to the U.S. Department of Transportation, or perhaps the Department of Interior. On Thursday, Major General Donald Jackson Jr. sent an Email for distribution within USACE on the proposal to move the mission.