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
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 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.
Federal Funding Panel Shared Interesting Perspectives at Annual FMA Conference
At last week’s Floodplain Management Association meeting in Reno, Nevada, the two of us planned and participated in a panel discussion on federal funding for flood control projects under the Trump administration. Attendees enjoyed a discussion on federal funding options for local entities that are ready to carry out a flood control…
WRDA, Appropriations, and USACE Is Staying Where It Is (for now, at least): A Busy Few Days on the Hill
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…
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
…
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.