USACE 408 Guidance May Be Final (EC 1165-2-220)

We have reported many times in the past on U.S. Army Corps of Engineers’ 408 policy: Here, here, here, here, here, and here. Well, we recently obtained a copy of what appears to be the final guidance, albeit with no date on it.  Also, we can’t find it on any government websites yet.  So, we think this is the final version, but only time will tell.  If anyone knows, please share your thoughts in our reply section below.

The guidance, including attachments, is a very large document.  So we have provided it here in three parts: 2018 408 Guidance 1 of 3, 2018 408 Guidance 2 of 3, and 2018 408 Guidance 3 of 3.

We hope this is helpful.

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:

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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.

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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

FEMA has announced that Roy Wright, the director of FEMA’s National Flood Insurance Program, is stepping down to take the helm of a nonprofit backed by the insurance industry.  We will be sorry to see Roy leave.  He was a great advocate for purchasing flood insurance, for sensible policies by FEMA, and for modifying FEMA’s administration of the NFIP in light of the successes and failures of the problem.

Roy, we wish you a fond farewell, and David, we look forward to working with you again in a position you know so well!

 

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.   Continue Reading

National Waterways Conference Requests More Time on Draft 408 Policy

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 National Waterways Conference requests that the U.S. Army Corps of Engineers extend the time by which to submit comments by an additional sixty (60) days.

A copy of the letter can be found here: NWC Request for Extension of Time COE2018-0003.

The President Is Pushing Infrastructure, But Not So Much Through the Corps’ Civil Works Program

Today the Administration released its FY19 budget proposal. As you likely know, the budget proposal signifies the starting point for the annual appropriations cycle which will play out in Congress over the course of the calendar year. Large portions of the budget proposal will be deemed “dead on arrival” by Congress, but it’s important to understand what the Administration is proposing in order to gain a good understanding of the work that lays ahead in the House and Senate Appropriations Committees. Continue Reading

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