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John Anderson: Federal Updates, TWCA Fall Conference 2015
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Federal Updates: Congressional and Agency Actions Related to Water Resources And What Are You Going to Do About It? John Anderson Van Scoyoc Associates Washington, DC Texas Water Conservation Association Fall Conference October 16, 2015
Transcript of John Anderson: Federal Updates, TWCA Fall Conference 2015
Federal Updates:Congressional and Agency Actions
Related to Water ResourcesAnd What Are You Going to Do About It?
John AndersonVan Scoyoc Associates
Washington, DC
Texas Water Conservation AssociationFall Conference
October 16, 2015
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What Happens in Washington Does Affect You
For Better• Federal Programs to Assist with State
Priorities• Dollars Available• Technical Resources to Apply
For Worse• Over-Regulation• Costly Bureaucracy• Loss of Control
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The Lay of the LandAnyone who says he can accurately
predict what will happen next in Washington is lying. Everything is a
moving target.• FY 2016 Appropriations are Uncertain
– a Continuing Resolution for how long? How do agencies plan and budget?
• No Earmarks – means the Agencies are in charge of many spending decisions and congressional leaders have lost a tool to discipline Members
• Leadership is in disarray and compromise is a dirty word to many Members.
• 2016 Presidential Election – We are entering the “silly season”
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It’s the only game in townYou have to make it work for You
You must stay engaged• To be informed of the ever-changing conditions• So your projects will receive funding and attention• Because many water policy issues are in play• Because others are engaged who may not share
your views
How to stay engaged• TWCA Federal Affairs Committee• National Associations, e.g. National Waterways
Conference• Do it yourself:
– Visit your Members of Congress at home and in Washington
– Visit the Agencies at all levels– Get help if you need it
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What is Out There to Follow?
• Federal Budget and Appropriations• Waters of the U.S. – WOTUS• Water Supply Rules• Federal Flood Risk Management
Standard- FFRMS• Section 408 Regulations• Drought Initiatives• WRRDA 2014 Implementation Guidance• WRDA 2016• Maybe a few Surprises left in this
Administration
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Funding for the Corps of Engineers
• Flat funding for 30 years although O&M needs are increasing and a new mission has been added – environmental restoration
• Covers only 60 percent of capability
• Result = Less money available for new water infrastructure
• Larger backlog of unbuilt projects
• Harder for your project to compete for funding
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Waters of the U.S. Rule(aka Clean Water Rule)
The Administration, through its Federal Agencies, is pushing forward with a policy that is opposed by more than 30 States.
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Water Supply Rulemaking
Corps of Engineers is authorized by law to modify its reservoirs to provide storage for water supply as long as the authorized purposes are not seriously affected.
New Rules are under consideration
Concerns:• New Rules might lead to Dam Optimization and skew
benefits toward environmental purposes• How to Mitigate for lost benefits• Respect for State Water Rights and Local Government
preferences• How to treat sunk costs
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Federal Flood Risk Management Standard
• The New Standard replaces the 100-year Standard– Climate Informed Science– 2 or 3 feet of Freeboard– 500-year Floodplain
• New Federal Projects Must Meet the New Standard
• Concerns:– Process was not transparent– No Analysis of Costs and Benefits– Inconsistency in how Agencies will implement– Administration will try to work around Congressional
prohibitions
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Section 408 – Requests to Modify a Corps Project
Concerns about the new regulations:
• Applied too broadly
• Duplicative with other regulations
• Approval takes too much time; too hard
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Drought Initiatives
Goals:o Better Long-Term Planning
o Water Efficiencies
o Water Supply Projects
Concern: o Dam Optimization may only benefit
environmental interests
o Environmental groups already pressing for giving up flood storage and release water to benefit fish and wildlife downstream
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WRRDA 2014
• Provisions to Empower Non-Federal Sponsors – Where is the Implementation Guidance?
• Levee Safety Initiatives – Where is the Implementation Guidance?
• Public Private Partnerships – How is to be implemented?
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WRDA 2016
• What will it include?– Selected Annual Report provisions –
section 7001, WRRDA 2014– Chiefs Reports– Policy issues
• If you have an issue for WRDA 2016, it is time to make yourself heard
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While Congress is BusyThe White House Acts
• Directed Policy Changes with Little Outside Input– WOTUS– FFRMS– P&S for Water Resources Planning
• Is the Same Happening with ….?– Water Supply Policy– Drought Policy – Groundwater Policy– Mitigation Policy
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You Can Make Washington Work for You
• Stay informed; Be Vigilant• Stay engaged• Develop your message• Deliver your message to Congress and
Agencies• Be Persistent; Be Patient
Members of Congress and Agencies will respond to issues and projects that get attention.
You Are More Powerful Than You Think You Are!
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Thank You!
John AndersonVan Scoyoc Associates
Tel. 202-737-8933 Cell 703-209-8345
