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
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
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:
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.
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.
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.
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.
The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According to the notice, comments must be submitted by March 7, 2018. 83 Fed. Reg. 5075. The