On a recent visit to Washington, D.C. to work on client issues, I attended any number of meetings where we discussed Federal appropriations.  But before we get to an observation or two, here is a recap on the process for how Congress can choose to invest money into a flood risk management project with the U.S. Army Corps of Engineers:

Today’s post features commentary from guest author Julie Minerva.

I often joke with my clients that following issues too closely at the federal level can result in whiplash. To that regard, it has been a very active summer in Washington, DC on the water infrastructure front. Here’s a rapid fire look at some of the top items of interest that we are sure to hear more about in the fall. Try not to get whiplash.

Today’s post features commentary from guest author Julie Minerva.

For lobbyists, reading through annual appropriations reports is like hunting for Easter eggs. Unlike appropriations bills which are slim and rather constrained documents, appropriations reports provide an opportunity for the House and Senate Appropriations Committees to communicate directly to federal agencies. Whether it be prescribing direction to an agency on a particular federal program, conveying the committee’s opinion on an agency’s action (or as the case often is, inaction), or holding back federal funds until an agency performs in accordance with the wishes of the committee, appropriations reports are both entertaining and insightful for Washington insiders. 

Guidance

As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers (USACE) claims jurisdiction to review and approve any alterations or encroachments to Federally authorized water resources facilities such as levees and channels. As a result, in the last few weeks the funds were all expended and, even after a $500,000 reprogramming, the USACE has only been able to fund a limited number of 408 reviews nationwide. In order to address this issue, and keep review moving, USACE just issued new guidance for a simpler form of funding USACE’s review.

Process

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is an amazing meeting of decision-makers and thought-leaders from around the country, with important topics discussed at a plenary session-only conference. And one of my favorite sessions is where the Director of Civil Works for the U.S. Army Corps of Engineers has a chance to present. Following are some high-level thoughts shared by Mr. Dalton on his June 21 Memorandum that we highlighted yesterday:

Project EfficiencyA June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including:

  • Embracing risk-based decision-making.  While USACE has always been good at evaluating the risk of flooding from the present condition, or the

Sound the alarmToday’s post features commentary from guest author Julie Minerva.

I must admit, my right hand is numb from hitting the refresh button on my computer since about 11 am EST on Tuesday. That’s because this week the U.S. Army Corps of Engineers (Corps) was expected to release the Fiscal Year 2017 work plan. That finally happened around 6 pm EST on Wednesday (see previous blog post) and I’ve been combing through its pages ever since. The work plan is a companion document to the annual Energy & Water Appropriations bill and in the absence of earmarks, it’s how projects that didn’t make the cut for inclusion in the President’s budget get funded and also how new studies and new construction projects win coveted new start designations.

Dollar Signs

Good day!  As many of you know, the U.S. Army Corps of Engineers had scheduled a press conference for Tuesday, May 23 to go over the President’s proposed USACE budget for FY18. The rumor had been that the FY17 Work Plan would be released at the same time. This would have been a pretty monumental accomplishment for USACE and the Assistant Secretary of the Army, especially since Congress did not mandate a workplace until mid-June. But, there is a certain logic to releasing both on the same day as the FY18 Budget should flow from the policy decisions made in the FY17 Work Plan.

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.