Senate EPW Committee Advances 2020 WRDA Bill - National Waterways Conference
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JUNE 2020 NEWSLETTER
Senate Committee Passes New WRDA Bill
Senate EPW Committee Advances 2020 WRDA Bill
Convening for the first time since 2020), the committee’s 2020 version years of receiving no federal funds or
returning to Washington after nearly of a Water Resources Development modifications. Recent WRDAs have
six weeks, on May 6 the U.S. Senate Act (WRDA). Concurrently, the included similar provisions, useful
Environment and Public Works committee also passed the Drinking in the bill’s scoring. In addition,
(EPW) Committee unanimously Water Infrastructure Act of 2020 in the text covering drinking
passed a pair of water resources (S. 3590) as amended. water, Sec. 2014 would amend the
bills, advancing the measures for Sen. Barrasso said the bills are “critical Water Infrastructure Finance and
consideration by the full Senate. to our economic recovery after the Innovation Act (WIFIA) provisions
The committee, led by Chairman immediate pandemic response is included in the Water Resources
John Barrasso (R-Wyo.) and Ranking behind us.” Sen. Carper noted the Reform and Development Act
Member Tom Carper (D-Del.), voted widespread bipartisan support, as (WRRDA 14) relating to scoring and
21-0 in favor of the America’s Water well as the more than 150 letters of local issuance of bonds, for purposes
Infrastructure Act of 2020 (S. 3591/AWIA support from industry stakeholders, of budgetary treatment under the
including one from NWC. Federal Credit Reform Act of 1990.
This provision may be helpful to the
As part of the mark-up, the
IN THIS ISSUE committee agreed to the Barrasso-
Corps as it continues to develop its
WIFIA program.
• Senate Committee Passes New Carper substitute, which does not
WRDA Bill differ significantly from the original
Provisions of Interest in
• 2020 Legislative Summit Recap text unveiled in April. Instead, the
amended text makes technical AWIA 2020
• Latest on Waters of the U.S. corrections, expands consultation
Rule-making provisions and includes an updated • Includes studies and reports:
• Water Supply Rule Withdrawn Chief’s Report. There were a few new The bill includes provisions for
provisions added, notably, Sec. 1106, Upper and Lower Missouri River
• Update on Levee Safety and Great Lakes comprehensive
Guidance entitled Backlog Prevention, which
would deauthorize projects after ten CONTINUED ON PAGE 2
• NWC President's Corner
• About NWC
• Thank You to Our 2020
Legislative Summit Sponsors
Message from NWC about Coronavirus (COVID-19)/
• NWC Hosts House Staff Briefing
Status of NWC’s 60th Annual Meeting
• Supreme Court Sets New Test
on Groundwater Discharges to NWC is committed to ensuring the health and safety of its members
Navigable Waters and staff. Given efforts to control the virus in the D.C. metro area, all
• Goodbye to Lew Meibergen NWC staff is teleworking. As always, staff remains reachable by normal
methods (email, phone, etc.) and is working to continue normal
• FY 2021 Appropriations
operations. The association has put a hold on travel, as well as in-person
• Upcoming Changes at USACE meetings, for the near future.
• Industry Events CONTINUED ON PAGE 2
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PAGE 2
“NEW WRDA BILL” FROM PAGE 1
flood protection studies and flood policy within urban areas), the Corps to identify specific
authorizes further studies under require the Corps to report on engineering and maintenance
the auspices of the North Atlantic its projects that are over budget deficiencies in the levee system, as
Coast comprehensive study. and behind schedule, study well as the costs to fix and convey
Additionally, the bill requires the the barriers to infrastructure this information to non-federal
agency to give annual reports development at U.S. ports, look at interests, who have opportunity to
to Congress on outstanding data for water allocation, supply comment on the findings.
authorized projects that have not and demand, and assess federally-
been funded (Sec. 1013). owned reservoirs for “divestment, • Aims to cut red tape: AWIA 2020
breaching or removal.” sets an ambitious two-year goal
Under Sec. 1013, non-federal for the Corps to finish feasibility
interests would submit those • Requires the Corps to consult studies, reducing the agency’s
studies and projects that with non-federal sponsors current three-year goal, included
have been authorized but not and stakeholders: There are in its 3x3x3 initiative that was
appropriated to the Corps, who numerous sections of the bill that codified in WRRDA 14.
would then compile the report. require the agency to consult with
The following section, Sec. 1014, Congress, non-federal interests and NWC Weighs in on
allows the Secretary to look at stakeholders for studies, projects AWIA 2020
regional and local benefits, in and contracts such as Sec. 1013.
addition to national benefits, as a Another example is in Sec. 1028 on Prior to the markup, NWC sent a
potential way to navigate around Coastal Storm Damage Reduction letter that asked the committee
the Corps’ and the White House’s Contracts (CSDR), the Secretary is to consider strengthening and/
Office of Management and instructed to seek input from the or clarifying the Corps consulting
Budget’s Benefit Cost Ratio policy. community (or communities) where requirements on guidance,
Other sections encourage the the project is located. Under Sec. CONTINUED ON PAGE 14
Corps to finish reports (i.e. Corps 1047 on Levee Safety, it requires
"STATUS OF NWC’S 60TH ANNUAL MEETING” FROM PAGE 1
Additionally, we are assessing our path forward for our 60th Anniversary Annual Meeting in Houston, Texas, Sept.
23–25. At this point, we still plan to hold the meeting in Houston. However, we are also exploring options to
hold part (or all) of the meeting virtually. To that end, Julie and Carole would love to hear from those of you who
normally attend our annual meetings with the following:
• Do you (and your spouse, if relevant) plan to attend NWC’s annual meeting in Houston, and if not, why?
• If you are uncertain about your attendance, is there anything we, or the hotel, could do to make you feel more
comfortable about attending?
• Would you still be interested in an off-site tour if available (both for spouse and meeting-related)?
• If we added a virtual meeting component over the course of several days, do you think you would register?
What would be some of the factors you may consider?
Please copy the text above, paste it in an email, add your responses and send to either julie@waterways.org or
carole@waterways.org (with your name, organization and location).
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PAGE 3
2020 Legislative Summit Recap
2020 NWC Legislative Summit Highlights the
Importance of Water Resource Infrastructure
NWC’s Legislative Summit, held Carbajal stressed his commitment
March 9–11 in Washington, D.C., to work across party lines to address
opened with a keynote address from water infrastructure needs. He talked
Sen. Tom Carper (D-Del.), ranking about the impact of the 2017 Thomas
member of the Senate Environment Fire in Santa Barbara County. After a
and Public Works Committee. heavy rainstorm hit the fire-ravaged
Carper talked broadly about water area in January 2018, 23 people
resource issues such as the Water died and over 160 were injured as a
Resources Development Act result of a devasting mudslide in the
(WRDA) that Congress hopes to area. Through his work on the T&I
act on this year. He also outlined Committee, he wants to highlight the
some of his priorities for inclusion threat of extreme weather events as
in WRDA including reforming the well as future investment needs in
process by which the U.S. Army water infrastructure.
Corps of Engineers (USACE/Corps) Ryan Fisher, principal deputy assistant U.S. Representative Salud Carbajal
calculates costs and benefits for secretary of the army (Civil Works) (D-Calif.) accepting NWC award from
water resource projects. kicked off Day Two of the Summit. NWC President Julie Ufner.
Carper was followed by Rep. Salud He discussed some high-level work
Carbajal (D-Calif.), a previous Santa that the Corps is doing with other
federal agencies on water-related determine how the districts can
Barbara County, Calif. county partner more efficiently with
supervisor. As vice chair of the House issues including the Environmental
Protection Agency, and the communities for smaller projects
of Representatives Transportation within the $10 million–$15 million
and Infrastructure Committee (T&I), departments of Agriculture, Interior,
Energy, and Commerce. Called the range. The Corps is currently
“Water Subcabinet,” the agencies have assessing whether smaller CAP
been meeting regularly to discuss projects need headquarters reviews
water quality and quantity issues or whether they can be approved
and how to best coordinate activities solely by the district offices. Fisher
and challenges early. For example, briefly touched on the “Waters of
through the Water Subcabinet, the the U.S.” rule before moving to the
Corps has been working with the ongoing mitigation bank rulemaking
Bureau of Reclamation on dumping efforts. Finally, the agency continues
versus holding water respectively in to work on how to fund the inland
the arid West. waterways system. There will
potentially be a listening session
Fisher also talked about how the this summer as part of regional
Corps is looking to delegate more stakeholder meetings.
authority to district commanders
to give them the ability to respond Al Lee, the new director of civil
U.S. Senator Tom Carper (D-Del.) and John
quickly to local issues. Additionally, works at USACE kicked off the panel,
Kane, Senate Environment and Public “Be in the Know: Updates from the
Works professional staff, accepting a NWC Fisher mentioned that the Corps is
working to improve its Continuing Corps.” Prior to his appointment in
Commitment to Waterways award from
NWC Chairman David Yarbrough. Authorities Program (CAP) to CONTINUED ON PAGE 7
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PAGE 4
Waters of the U.S. Water Supply
Water Supply Rule Withdrawn
Latest on Waters of the U.S. Rule-making
Rule Effective June 22: Rule Is
Lawsuits Anticipated Officially
On April 22, the U.S.
Environmental Protection Agency
• Certain lakes, ponds and
impoundments; and
Withdrawn
(EPA) and the U.S. Army Corps of
Engineers' (Corps) final “Navigable • Wetlands adjacent to During the NWC Legislative Summit,
Waters Protection Rule,” to revise jurisdictional waters. NWC members met with U.S.
the definition of “Waters of the Army Corps of Engineers (Corps)
Under the rule, tributaries
U.S.” (WOTUS) within the Clean staff, senior policy advisor Amy
are jurisdictional if they are
Water Act (CWA), was published Frantz and senior counsel member
perennial (run year-round) or are
in the Federal Register. The rule Aaron Hostyk, to discuss the Corps
intermittent (run consistently
will take effect on June 22, 2020, intended withdrawal of the Water
at certain times of the year and
60 days after its publication. Supply Rule, which was originally
contribute surface flow to a
proposed in 2016 to clarify the
The term “Waters of the U.S.” traditional navigable water (i.e.
agency’s stance on reservoirs.
has been around since the river) in a typical year. A typical
1890s but in 1972 was added to year is based on a 30-year rolling Frantz gave an overview of the Corps
the CWA to differentiate which average of weather conditions. engagement with stakeholders to
waters fall under federal versus Ditches are generally out date and indicated the Corps heard
solely state permitting authority. unless they meet the tributary loud and clear the challenges to
However, due to several Supreme definition and are relocated/ implement a national rule. Some
Court decisions, the definition constructed in a tributary of the issues raised by stakeholders
has become murky, leading to or were constructed in an included differences in state laws;
confusion in the field about the adjacent wetland and contribute inconsistent pricing methodologies;
scope of federal authority. perennial or intermittent flow return flows challenges; and regional
to a traditional navigable water differences in water management.
In 2015, the Obama (TNW) in a typical year. According to Frantz and Hostyk, the
administration came out with Corps is assessing next steps. Instead
a controversial new WOTUS In layman’s terms, if your ditch
of doing a one-size-fits-all rule, the
definition that was immediately is wet 365 days a year, and
Corps may instead move forward
challenged in the courts. As a connects to a TNW, it may be
with smaller, non-controversial
result, late last year almost half of jurisdictional. If your ditch is
pieces of the rule, in conjunction
the county was under the 2015 wet on a seasonal basis and
with interested stakeholders.
WOTUS rule and the other half connects to a TNW, it may also
under the pre-2015 rule. be jurisdictional. If your ditch The "Use of the U.S. Army Corps
is only wet during rain events, of Engineers Reservoir Projects for
Under the final definition, four regardless of duration, it is likely Domestic, Municipal & Industrial
categories of waters are federally out. Since the term “seasonal” Water Supply" (known as the
regulated: differs across the country, many Water Supply Rule), was officially
of these determinations will be withdrawn on March 24. To see the
• Territorial seas and traditional
made via watershed. Federal Register notice, click here. To
navigable waters;
read the U.S. Army’s original notice
The 340-page rule also includes
• Perennial and intermittent of the withdrawal, click here.
12 categories of exclusions, i.e.
tributaries to those waters;
CONTINUED ON PAGE 9
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PAGE 5
Update on Levee Safety Guidance
NWC President's Corner
Corps Releases
President’s Corner
Guidance on Julie A. Ufner, President, National Waterways Conference
Levee Safety “Toto, I’ve got a feeling we’re not in Kansas anymore.” —Wizard of Oz
For those of you who do not know me, I started as NWC president last
Comment Period November. Hitting the ground running, on days two and three, Amy
Extended Until Larson (the previous NWC president), Carole Wright (NWC director of
July 27 operations), and I were in Houston for a 2020 annual meeting site visit.
On day 10, I was testifying on NWC’s behalf before the U.S. House of
The U.S. Army Corps of Engineers Representatives Transportation and Infrastructure Committee’s Water
(Corps) released a draft guidance on Resources and Environment Subcommittee on how resiliency should
the agency’s Levee Safety Program, be incorporated in the next Water Resources Development Act (WRDA)
Feb. 25. The public comment period package. From there, it was a host of Hill and agency meetings, as well as
was previously scheduled to close member-related travel.
on April 27, however, due to ongoing The beginning of 2020 started much of the same, with me jumping from
concerns related to COVID-19, the conference to conference as well as NWC member-related travel, and
comment period has been extended ending with NWC’s successful Legislative Summit in March. Then, COVID-19
to July 27. hit, which changed the world as we know it. Handshakes, travel, and face-
The Levee Safety Program, Engineer to-face meetings are gone but work still must get done, both at NWC and
Circular (EC) 1165-2-218 is intended to elsewhere, and we are working to navigate the new normal.
clearly lay out the roles of both the Congress is also facing a new reality. In January, Congress moved into the
nonfederal sponsor and the Corps second half of the 116th Congress. Historically, the second half is always
in the protection of levee safety. Of fast and furious since it is an election year and members have a limited
most interest to NWC are proposed amount of time to get bills done before they must hit the campaign trail.
policy revisions for levee inspection
protocol and considerations on how By Sept. 30, Congress must act on FY 2021 appropriations, as well as
to better incorporate risk threats into on surface transportation authorization (FAST Act), National Defense
levee safety. Authorization and the National Flood Insurance Program, as well
as other authorizations and reauthorizations. But, COVID-19 has
Unlike other ECs that are intended to complicated the timeline.
be used for internal communications,
this EC focuses on both internal and Both the House and Senate are still figuring out how to move forward
external communications for levee in a COVID-19 world. In early May, the Senate returned, as did the House
safety. Laid out in four volumes, the the following week. While there is disagreement between the House
document covers 1) Introduction and Senate on whether a fifth coronavirus-related stimulus package is
to Levee Safety; 2) Sponsor’s Role needed, both chambers continue to move full steam ahead on WRDA
in Levee Safety; 3) Corps Role in (see “WRDA bill” on p. 1).
Levee Safety; and 4) How Other As Congress and the rest of the country, NWC is moving forward. As
Organizations Use the Corps Levee of right now, we plan to hold our 60th Anniversary Annual Meeting in
Safety Information. The guidance Houston, Texas, Sept. 23–25. Registration will open in July. There is a lot
would be valid for two years after of uncertainty with COVID-19. If we need to cancel, we will let you know
which the agency plans to issue as soon as we can.
permanent guidance based on CONTINUED ON PAGE 12
lessons learned and stakeholder input.
CONTINUED ON PAGE 6
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PAGE 6
About the National Waterways Conference
About NWC
The National Waterways Conference engineering consultants, state and partners and each other to ensure
(NWC) is the only national local governments and more. the nation can reap the multiple
organization that represents a Many of our members are non- benefits provided by these
full spectrum of water resource federal sponsors of U.S. Army Corps investments.
stakeholders, including navigation, of Engineers civil works studies and For over 60 years, NWC has proudly
inland and deep draft ports and projects, as well as provide ongoing represented its members before the
waterways, flood control agencies, financial commitments for the administration, federal agencies and
levee boards, waterways shippers construction and maintenance of Congress on water resource issues.
and carriers, industry and regional this infrastructure. For more information about NWC
associations, shipyards, dredging membership, click here.
contractors, regional water supply Our members work diligently and
districts, hydropower producers, collaboratively with our federal
Thank You to Our 2020 Legislative Summit Sponsors
"UPDATE ON LEVEE SAFETY GUIDANCE”
Thank You to the FROM PAGE 5
During the original 60-day public
Sponsors of NWC's 2020 comment period, the Corps had
planned five listening sessions
Legislative Summit nationally. However, these sessions
have been postponed indefinitely.
for a Successful Meeting! For any updates throughout the
public comment period, refer to the
Corps Levee Safety Program website
Alabama State Port Authority Port of Memphis at: https://www.usace.army.mil/
Missions/Civil-Works/Levee-Safety-
CDM Smith Red River Waterway Program.
Commission
Freese and Nichols, Inc. A subgroup within NWC’s Legislative
Tarrant Regional Water Policy Committee (LPC) will be
Gahagan & Bryant Associates reviewing the EC and writing
District
comments on behalf of NWC. The
Great Lakes Dredge & Dock LPC is charged with vetting and
Trinity River Authority of
Company, LLC determining consensus-based
Texas
positions for NWC.
Halff Associates
If you are interested in serving on
Pine Bluff Sand and Gravel LPC, please contact Julie Ufner,
Company NWC president.
Port Freeport
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PAGE 7
“LEGISLATIVE SUMMIT RECAP” FROM PAGE 3
January, Lee had served in numerous guidance for previous WRDA
Corps offices from the Transatlantic, legislation and helped to draft
South Atlantic, and Mississippi Valley 220 proposals for upcoming
divisions, among others. He said there WRDA measures on Capitol Hill.
will be numerous staff changes at the Concurrently, the Corps is working
agency over the next several months, to complete as many feasibility
the largest being Gen. Todd Semonite, reports as possible before new WRDA
the current Corps Chief, who was legislation moves in Congress.
originally scheduled to leave May 19 Phoebe Percell talked about the
(refer to story on p. 13). latest on levee safety and Section 408
Additionally, seven of the Corps permissions as the chief of the dam Ryan Fisher, principal deputy assistant
nine district commanders are and levee safety branch. One of her secretary of the Army (civil works)
changing this summer. Lee said the top priorities is the draft Levee Safety highlights the work the Department of
Defense is doing for water quality and
agency continues to focus on its Engineering Circular (EC), which quantity issues.
“Revolutionize” efforts to deliver is open to public comment now.
better products and services, and Originally, the Corps was scheduled
accelerate project delivery. Finally, the to have five public hearings across
Corps is looking at its lessons learned the country in March and April on
from its emergency supplemental the EC. However, due to COVID-19,
work. The agency wants to highlight those hearings have been postponed
the “pockets of excellence” in the until June at the earliest. For more
district offices and share those information on EC please see "Levee
examples across Corps offices. Safety" on p. 5. On Section 408, the
Eddie Belk, the previous Corps chief Corps is looking at how to legally
of the program integration division, implement categorical permissions
reviewed funding trends under agency-wide, which are already being
current and past administrations used in some district offices. Al Lee, director of civil works, USACE,
and Congress. The agency is an Richard Balzano, deputy administrator discusses the new officer assignments to
commence this summer.
infrastructure-heavy organization, of the Maritime Administration
and Congress is funding (MARAD) at the U.S. Department of
infrastructure through investments Transportation, highlighted the role
in annual appropriations and that MARAD plays in keeping the
supplemental packages. American maritime industry strong.
Stacey Brown, Corps planning MARAD works to promote the
and policy chief, mentioned that benefits of waterborne transportation
even though this was her first time and ensures that waterways
addressing NWC members, she is infrastructure connects with other
not new to the agency and saw a forms of transportation.
lot of familiar faces in the audience. Balzano went on to say that a key
Brown’s current focus, she said, is on priority for MARAD is the Marine
implementation of previous WRDAs Highways Program, which underlines Stacey Brown, planning and policy chief,
and working on potential new WRDA the importance of connecting USACE, talks about her role in developing
packages. landside to multimodal options. He WRDA packages on Capitol Hill.
In the last two years, her department announced that $225 million in grant
has completed 237 pieces of CONTINUED ON PAGE 14
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PAGE 8
NWC Hosts House Staff Briefing
NWC’s WRDA 101 Briefing Was a Success!
On Friday, January 31, NWC hosted a
packed “WRDA 101” briefing for U.S.
House of Representatives (House)
staff, in partnership with the House
Transportation and Infrastructure
Committee. Speaking to a packed
house, our expert panel gave their
insights about the mission of the U.S.
Army Corps of Engineers (Corps), how
the Corps studies water resources
projects and the process by which
Congress authorizes Corps projects
From left to right: Jason Albritton, Director of U.S. climate and energy policy, The Nature
and provides policy direction. Conservancy; Geoff Bowman, vice president, Van Scoyoc Associates; and David Wethington,
David Wethington, chief of the future chief, future directions branch, U.S. Army Corps of Engineers
directions branch of the Corps,
gave a comprehensive overview of
the Corps processes and stressed Committee’s Water Resources from all of their members early on.
that the first step of addressing and Environment Subcommittee. While the committee worked to
every local problem starts with a Bowman clarified how both the include all the provisions they could,
discussion at the local Corps office. agency and Congress determine not all requests could be honored.
He further explained to participants which projects get funded. Sometimes, requests from individual
that getting the project or study Furthermore, he stressed that senators were not within the Corps
authorized is only the first step of traditionally the Water Resources mission area, the requests were
the process; the project will need to Development Act (WRDA) is a earmarks and did not comply with
receive funding through the federal bipartisan bill. the process, the proposed policy
appropriations process. That means that both the majority already existed, or the request was
and minority work hand in hand against existing policy. Albritton’s
Geoff Bowman, vice president of message to staffers: be flexible.
Van Scoyoc Associates, stressed the to write the bill. His advice to the
staffers: engage the committee early There is a desire to get everyone
invaluable experience he gained behind the bill to develop a
as the staff director for the House on your priorities so the committee
can include those issues in WRDA, or bipartisan consensus.
Transportation and Infrastructure
if more appropriate, assist in resolving Both the Senate and the House are
those issues with the Corps. planning to move separate WRDA
Jason Albritton, director of U.S. packages this summer.
climate and energy policy at The
Nature Conservancy, also brought
a unique perspective to the table.
Previously, Albritton served as the
senior policy advisor for the U.S.
Senate Committee on Environment
and Public Works (EPW). He
explained how the Senate works a
little differently by getting feedback
House staffers listen closely while panelists
speak at WRDA 101 briefing.
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Supreme Court Sets New Test on Groundwater Discharges to Navigable Waters
Supreme Court Sets New Test on Groundwater
Discharges to Navigable Waters
On April 23, the U.S. Supreme Court four underground wells. The county waters…” and pollutants “travel
released a decision in a long-awaited has been using this process since with groundwater” to “navigable
case, County of Maui, Hawaii v. the mid-1970s and previously had waters…many years later,” a NPDES
Hawaii Wildlife Fund, on whether not been required to obtain a Clean permit is likely not required.
a pollutant that travels through Water Act (CWA) permit. However, County of Maui, Hawaii v. Hawaii
groundwater to a “water of the Hawaii Wildlife Fund challenged Wildlife Fund has been remanded
U.S.” requires a federal permit. In a this approach, arguing the county back to the 9th Circuit Court. The
6-3 decision, the justices said that a should be required to obtain a court is instructed to use the new
permit is required “when there is a CWA National Pollution Discharge test to determine liability.
direct discharge from a point source Elimination System (NPDES) permit
into navigable waters or when there since partially treated wastewater To read the Supreme Court’s
is a functional equivalent of a direct eventually discharges into the Pacific decision click here.
discharge.” This decision may be Ocean through a groundwater To read the amicus brief submitted
relevant for water supply operators, conduit. by California Water Agencies,
wastewater treatment, flood control, The court agreed, with the caveat California Association of Sanitation
and stormwater management that “time and distance” are equally Agencies, International Municipal
agencies that own and manage important. The example used in Lawyers Association, Idaho Water
water storage and treatment the decision stated that when a Users Association, National League
infrastructure. “pipe emits pollutants that travel a of Cities, National Association of
The case in question involves few feet through groundwater…,” Counties, National Water Resources
Maui County, Hawaii’s practice a NPDES permit is clearly required. Association, WaterUse Association
of injecting millions of gallons of However, the decision also states, if and others, click here.
treated sewage wastewater into a “pipe ends 50 miles from navigable
"WATERS OF THE U.S.” FROM PAGE 4
those waters not considered WOTUS, regulations—became effective on American Rivers and et. al.), as well
including ephemeral features, December 23, 2019. The Navigable as 18 states and two cities (City
groundwater, certain ditches, prior Waters Protection Rule, once of New York and the District of
converted cropland, and waste finalized, will replace the December Columbia), have filed suits against
treatment systems. 2019 WOTUS definition. the rule in at least three district
This rule is part of the two- As with the 2015 rule, there are courts, potentially leading to split
step process that the Trump legal challenges. To date, numerous district and appeals court decisions.
administration made to withdrawal environmental groups (Natural As a result, it is likely that the U.S.
and rewrite the 2015 WOTUS rule. Resources Defense Council, Supreme Court will have to weigh in
Step one—to withdrawal the 2015 Conservation Law Foundation, sooner rather than later on the fate
rule and recodify the 1986 WOTUS National Wildlife Federation, of the 2020 WOTUS rule.
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Goodbye to Lew Meibergen
In Loving Memory of Lew Meibergen, One of Our
Inland River Industry Leaders
Tribute by Dede Smith, deputy director, Inland Rivers, Ports and Terminals, Inc.
Lew Meibergen, age 88, former
chairman of the board and president
of Johnston Enterprises, died April
16, at home in Enid, Oklahoma.
Johnston Enterprises was founded
by his grandfather, W.B. Johnston,
after the Cherokee Strip Land Run in
1893. Under Lew’s leadership, W. B.
Johnston Grain Company (WBJ), now
Johnston Enterprises, became the
largest independent grain company
in the State of Oklahoma.
In 1983, after railroad rate structures
made getting wheat to market
difficult, Lew drew up a contract on a
napkin, while sitting at a table in the
OSU Student Union, with majority
owner, Veldo Brewer, to purchase a National Grain and Feed Association; said it well, “For nearly his entire
port facility on the McClellan-Kerr served as a commissioner of the life, he was bigger than life. He was
Arkansas River Navigation System Kansas-Oklahoma-Arkansas River a leader at WBJ and in early years
(MKARNS) off of what was then Old Association; was inducted into the as Gov. Bellmon’s first agriculture
State Highway 33. Oklahoma Agriculture Hall of Fame in secretary. Between his involvement
2010; inducted into the OSU Alumni in the political process and his
This gave wheat farmers the means Association Hall of Fame in 2011; agriculture legacy, he will always be
to economically ship wheat and received the Citizen of the Year by remembered for his outstanding
other grains to overseas markets and the Greater Enid Chamber in 2020; leadership in Oklahoma’s agriculture
subsequently bring fertilizer upriver served on the State Chamber and community.” There were many
at a largely reduced rate. Lew’s Cherokee Strip Regional Heritage times U.S. Sen. Jim Inhofe and Lew
insight resolved the shipping issues Center boards; was a member of the would debate issues involving the
with the railroad, and his vision had Board of Directors for the National navigation industry, grain industry
ultimately increased the farmers’ net Waterways Conference; and served and transportation issues.
profits in the Four-State Area, and as on the Oklahoma Department
far north as the Canadian border for Steve Taylor, retired president
of Transportation Waterways of Johnston’s Port 33 said, “After
years. Decades later, Johnston’s Port Advisory Board.
33 became the largest bulk handling working for Lew for almost 40
port in the state. Lew Meibergen has been a pioneer years, he was the most respectful
for the inland river industry. For years, man I have ever met. He managed
In 1960, Gov. Henry Bellmon he tirelessly carried the message business with his heart and treated
appointed Lew to serve as the to Oklahoma’s Congressional his employees like family. It was a
Oklahoma commissioner of delegation, “hitting the Hill” for much great family to work for.”
agriculture. “Mr. Lew,” as those who needed funding for reliability of the
knew him affectionately called him, infrastructure. U.S. Rep. Frank Lucas
served four years as the director of the
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FY 2021 Appropriations
President’s FY 2021 Welcome to
Budget Released for NWC's New
Army Corps of Engineers Members!
On February 10, President Trump fund one feasibility study; seven
released his annual budget disposition studies; eight dam
request. This document lays out safety modification studies;
the Administration’s spending and five preconstruction
priorities for Fiscal Year (FY) 2021 engineering and design efforts.
which starts on October 1, 2020.
The $4.8 trillion budget addresses • Construction: The FY 2021
budget request is funded at Brandon Wade
all of the President’s wish list Texas City, Texas
items for FY 2021. $2.173 billion, $51 million below
FY 2020 enacted levels. The
Highlights of the U.S. Army Corps Construction budget includes
of Engineers budget, relevant to monies for 12 commercial
NWC members, are below: navigation projects; seven flood
U.S. Army Corps of Engineers risk management projects;
(Corps): The Administration’s and four aquatic ecosystem
FY 2021 budget includes $5.967 restoration programs. This
billion for the Corps civil works account is dedicated to fund
portfolio, approximately $1.7 the construction, replacement,
billion or 22 percent, below FY rehabilitation, and expansion Amy Larson
2020. This funding is derived from of water resource projects Arlington, Va.
$4.897 billion from the General that provide commercial
Treasury Fund, $1.015 million from navigation, flood and storm
the Harbor Maintenance Trust damage reduction, and aquatic
Fund (HMTF), and $54 million from ecosystem restoration. Mazzanti & Associates, LLC
“Special Recreation User Fees” Of note, the Construction
on Corps recreational sites (i.e. budget reserves $250 million Mark Mazzanti
daily user, camping, recreational, for WRRDA 2014 Section 1043 Dallas, Texas
and annual pass fees). The Corps Non-Federal Construction
primary mission is ensuring of Federal Projects which
navigation, flood control, and allows nonfederal sponsors
ecosystem restoration. to take the lead on Corps
construction projects.
• Investigations: The President’s Moreover, the budget proposes
budget funds Investigations to extent the program’s Orange County Public Works
at $102.6 million, $48.4 million authority which expired in Nardy Khan
below the FY 2020 appropriated June 2019. Furthermore, the Santa Ana, Calif.
amount. This includes $6 million Administration’s request
from the Mississippi Rivers and includes $250 million for the
Tributaries (MR&T) account.
The Investigations account will CONTINUED ON PAGE 12
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"APPROPRIATIONS UPDATE" FROM PAGE 11
Innovative Funding Partnership and training activities while the hearings have been put on hold
program, where nonfederal remaining $50 million is solely until after Congress comes back. As
interests pay more than the for emergency response work, a result, top appropriators on the
statutory cost share to jump the including temporary measures House side have said that FY 2021
line and accelerate completion to reduce ongoing flooding in funding levels may be similar to
of projects. This provision was communities where a disaster FY 2020 levels.
rejected by Congress in the declaration has occurred. While House Majority Leader Steny
FY 2020 appropriations. Hoyer (D-Md.) said that the House
• Harbor Maintenance Trust Fund:
• Inland and Coastal Navigation The Administration’s budget plans to move all 12 appropriations
Projects: The President’s budget recommends $1.015 billion for bills by the end of June, this may be
includes $2.397 billion for the the HMTF; this is a $61 million cut difficult for Congress to accomplish,
study, design, construction, below the FY 2020 enacted budget. even without a pandemic. In recent
operation, and maintenance The Administration’s budget years, Congress has rarely passed
of inland and costal navigation recommends that the monies free-standing appropriations
projects. This includes seven support the 50 largest U.S. coastal bills due to controversial riders.
construction projects for four ports for the transport of cargo. As a result, Congress will likely
commercial navigations projects, be required to pass a continuing
two dam safety projects and one • Inland Waterways Trust Fund resolution to keep the government
deficiency correction. (IWTF): The President’s budget open past October 1st to avoid a
proposes to fund no projects from federal shutdown.
• Operations and Maintenance the IWTF. Instead, the budget yet
(O&M): The O&M program is again proposes to revamp the
funded at $1.996 billion, $1.79 program to add a new user fee, in
billion below FY 2020 numbers. addition to the current diesel fuel "PRESIDENT'S CORNER”
For O&M, the focus will be excise tax, to fund the IWTF. The FROM PAGE 5
on supporting current traffic Administration estimates that the
Like other groups, we are
levels and coastal harbors proposal would raise about $1.8
assessing the best path
and inland waterways with billion over a 10-year window.
forward to serve you, the
the most commercial traffic.
• Mississippi River and Tributaries: members, during this time.
Additionally, it provides for
The Administration’s budget We want to thrive, learn, and
the maintenance of channels
provides $209.9 million for the evolve with you. Since NWC
at small ports that focus on
MR&T. focuses on many of the issues
commercial fishing, subsistence
facing all water resource
or public transportation benefits. While the President’s budget is
stakeholders, we are in this
Furthermore, it focuses on the typically dead on arrival on Capitol
together, and by working
highest hazard federal dams and Hill, it is essentially the “on” button
together, we are stronger.
levees, based on risk. to signal to Congress to start
working on the coming year’s In the words of Helen Keller,
• Flood Control and Coastal budget. In typical years, House “Alone we can do so little;
Emergencies: Under the and Senate appropriators would together we can do so much.”
President’s budget, the flood risk be actively holding hearings to Please do not hesitate to reach
management program is funded question top Administration officials out with comments, ideas,
at $77 million to prepare for and about the funding priorities of and thoughts on how we can
support emergency operations federal agencies before drafting the make each other stronger.
for flooding events. However, the 12 FY 2021 appropriations packages. We look forward to moving
budget clarifies that $27 million However, due to coronavirus, many forward together.
is dedicated to preparedness
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Upcoming Changes at USACE
Corps Names New Officer and
Position Assignments
There have been, and will continue Other new Corps assignments include: • Brig. Gen. Kimberly M. Colloton,
to be, some major changes at the U.S. Commanding General, South Pacific
Army Corps of Engineers (USACE/ • Mr. Al Lee was named as the new Division, United States USACE, San
Corps) both within headquarters and director of civil works earlier this Francisco, Calif. to Commander,
out in the region and district offices. year. Lee has served in numerous Transatlantic Division, USACE,
These changes are relevant to NWC Corps offices from the Transatlantic, Winchester, Va.
members who work with Corps South Atlantic and Mississippi
officials on a daily basis. Valley Divisions, to name a few. He • Brig. Gen. Paul E. Owen,
served in the Army from August Commanding General,
Lt. Gen. Todd Semonite, the current 1085-September 2011. Southwestern Division, USACE,
Army chief of engineers and USACE Dallas, Texas will be the
commanding general was originally • Maj. Gen. David C. Hill, Deputy Commanding General, South Pacific
scheduled to leave his post on May Commanding General, United Division, USACE, San Francisco, Calif.
18. However, President Donald States Army Central, Shaw Air Force
Trump has extended Semonite’s Base, South Carolina will be coming • Brig. Gen. Thomas J. Tickner,
term until the next chief is confirmed to USACE-HQ to serve as the commanding general, Pacific Ocean
by the U.S. Senate. We now know Deputy Chief of Engineers/Deputy Division, USACE, Fort Shafter, Hawaii
that Maj. Gen. Scott Spellmon, Commanding General of USACE. to commanding general, North
who is currently the Corps deputy Atlantic Division, USACE, Brooklyn,
commanding general for civil and • Maj. Gen. Diana M. Holland, N.Y.
emergency operations, has been commanding general, South
nominated by President Trump Atlantic Division, USACE, Atlanta, Ga. • Colonel (Promotable) Christopher
to become the 55th chief after to commanding general, Mississippi G. Beck, Commander, Transatlantic
Semonite. Valley Division, USACE, Vicksburg, Division, USACE, Winchester,
Miss. Virginia will be the Commander,
Before officially taking the post Southwestern Division, USACE,
though, Spellmon must be vetted by • Maj. Gen. Jeffrey L. Milhorn, Dallas, Texas.
the Senate Armed Forces Committee commanding general, North
and confirmed by the full Senate. Atlantic Division, USACE, Brooklyn,
Timing on this is uncertain due to N.Y. to deputy commanding general
COVID-19. If confirmed, Spellmon for Military and International
would become the 55th Chief of Operations at USACE-HQ.
the Army Corps of Engineers. Maj.
Gen. William H. Graham Jr. has been • Maj. Gen. Richard M. Toy,
named to replace Spellmon as commanding general, Mississippi
deputy. Graham has been serving Valley Division, USACE, Vicksburg,
as deputy commanding general Miss. to chief of staff, United Nations
for I Corps at the Joint Base Lewis- Command, Republic of Korea.
McChord in Washington state.
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“LEGISLATIVE SUMMIT RECAP” FROM PAGE 7
funds are available through MARAD’s
Port Infrastructure Development
Program. Applications are due May 18.
Finally, he urged members to keep
pressure on Congress to fund
programs such as MARAD. He said,
members “need to continue to be
a squeaky wheel in Congress…
Otherwise, you will just fade away.”
For the last session of the Summit, From left to right: David Yarbrough, NWC chairman; Alvin Lee, director of civil works, USACE;
three Senate and House Committee Eddie Belk, (previous) chief, program integration division, USACE; Stacey Brown, director of
staffers discussed the next steps planning and policy, Corps; and Phoebe Percell, chief, dam and levee safety, USACE.
for WRDA's) biannual authorization
cycle. Brian Clifford, majority John Kane, EPW senior minority
deputy staff director for the Senate policy advisor, echoed Clifford’s
Environment and Public Works timeline, and stated that it is
Committee (EPW), said EPW has been their intent to stay on schedule.
working on a WRDA package since Victor Sarmiento, minority staff
last year. Some of the issues Sen. for the House Transportation and
John Barrasso (R-Wyo.), EPW chair, Infrastructure Committee (T&I)
cares about include compensation explained that the committee is just
of nonfederal sponsors for funds starting its work. T&I has held several
already spent and expanded water hearings, including a member’s
storage opportunities. The committee day at the end of February. To
anticipates Senate floor action learn about the Senate WRDA bill
this summer. see "WRDA Bill" on p. 1.
“NEW WRDA BILL” FROM PAGE 2
rules, reports, memos and other that would allow input without hearings in 2019 and 2020, as well
documents with non-federal burdening respondents. as a member’s day in February. T&I
sponsors and stakeholders. accepted member requests until
NWC also raised concerns with the House Poised to May 1 and plans to release a bill
potential unintended consequences Introduce its WRDA Bill in early June, with potential floor
of Sec. 1013 that could impose action in July.
unnecessary and undue burdens Concurrently, the U.S. House of NWC will continue to work with the
on non-federal sponsors and Representatives is working to craft Legislative Policy Committee on
stakeholders. The association its WRDA 2020 package. The House issues of importance and continue
pledged to assist the committee in Transportation and Infrastructure efforts with both the Senate and the
developing an alternate approach Committee (T&I) has held several
CONTINUED ON PAGE 15
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“NEW WRDA BILL” FROM PAGE 14
Industry Events
Industry Events House as legislation in both
chambers advances.
July 14-16, 2020 October 7-9, 2020
Warrior Tombigbee Pacific Northwest What is WRDA?
Waterway Association Waterways Association
Point Clear, Ala. Vancouver, Wash. WRDA is not a funding bill. It
www.warriortombigbee.com www.pnwa.net is authorizing legislation that
approves—typically on a biannual
August 5-7, 2020 October 14-16, 2020 basis—U.S. Army Corps of Engineers
Gulf Intracoastal Canal Association American Waterways (Corps) civil works projects for
New Orleans, La. Operators navigation, flood control and
www.gicaonline.com Pittsburgh, Pa. ecosystem restoration, among other
www.americanwaterways.com projects. Once studies and projects
August 10-13, 2020
are authorized, the monies must
National Association of Flood October 21-23, 2020
be allocated through the annual
and Stormwater Management Texas Water Conservation
Congressional appropriation process.
Agencies Conference Association
Park City, Utah San Antonio, Texas WRDA also sets policy direction
www.nafsma.org www.twca.org to the Corps’ oversight and
development of civil works
August 25-27, 2020 November 11-13, 2020 facilities and infrastructure. Since
Tennessee Tombigbee Waterways Council, Inc. NWC members own, operate, or
Waterway Development Las Vegas, Nev. utilize ports, inland waterways,
Point Clear, Ala. www.waterwayscouncil.org flood control channels, levees,
www.tenntom.org dams, hydropower, and other
December 3-5, 2020
infrastructure, they are directly
September 13-16, 2020 85th Anniversary
impacted by WRDA proposed
American Association Mississippi Valley Flood
studies, projects and policy changes.
of Port Authorities Control Association
Quebec, Canada New Orleans, La.
Resources:
www.aapa-ports.org Email mvfca@att.net
for information
September 29-October 1, 2020 • Read text of AWIA 2020 substitute
Waterways Journal, amendment here.
Inland Marine Expo
• Read the summary of Barrasso
St. Louis, Mo.
and Carper’s amendment to AWIA
www.inlandmarineexpo.com
2020 here.
• Read text of the Drinking Water
Upcoming NWC Events Infrastructure Act of 2020
substitute amendment here.
September 23-25, 2020 March 8-10, 2021
60th Anniversary Annual Meeting Legislative Summit • Read summary of Barrasso and
Houston, Texas Washington, DC Carper’s amendment to the
*Registration open in early July Drinking Water Infrastructure Act
of 2020 here.
*Due to coronavirus, schedules may change. Please check organizational
websites for the latest on meetings.
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