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 project (or any water infrastructure project, really), how some California agencies are strategizing to obtain such funding, and importantly, a perspective from a key staff member at the President’s Office of Management and Budget, which sets and implements the President’s policy and budget.

Andrea Clark served as moderator for the panel.  The first panelist was Scott Shapiro, who offered background on existing legal pathways to federal funding.  You can view a PDF of his presentation here.  Scott talked about the President’s infrastructure investment plan and noted that while the plan contemplates a change in the traditional federal/non-federal cost share ratio, there is currently no legal authority to make that change.  In light of this reality, Scott discussed the five current options for delivery of federal funds to water infrastructure projects.

Next, Mike Inamine of the Sutter Butte Flood Control Agency gave an overview of his agency’s work along the Feather River in Sutter and Butte Counties north of Sacramento, including current efforts to secure federal funding to complete the last piece of that work.  A PDF of Mike’s presentation is here. SBFCA is following a few of the delivery options outlined by Scott, in an effort to maximize its ability to obtain federal funding for an important regional public safety project.

Richard Johnson of the Sacramento Area Flood Control Agency then offered a similar overview of his agency’s efforts to short up levees around urban Sacramento, which have involved federal funding as well as Corps construction of levees.  A PDF of Rick’s presentation is here. He stressed the importance of a strong partnership with federal agencies in order to successfully obtain federal funding.

Finally, Kelly Colyar, Chief of the Water and Power Branch of the Office of Management and Budget, offered a few observations (not on behalf of OMB, to be clear) regarding overall funding policy for infrastructure projects.  Kelly acknowledged changes in the relationship between the federal government and local entities that began well before the current administration, and she described ongoing efforts within OMB to define the Federal role going forward, consistent with the President’s investment plan priorities, when local entities are often best situated to carry out regionally important projects.  Finally, Kelly gave the audience some context with regard to USACE funding as a small part of a much larger budgetary picture within OMB’s purview and stressed the importance of objective criteria when it comes to funding decisions for specific project.  Kelly also shared that she appreciates non-Federal sponsors approaching OMB with creative ideas of how to handle funding.  So, there may be interesting opportunities for those that understand the landscape and can think creatively.

We look forward to participating in the conference again next year and hopefully sharing some interesting perspectives again.

Photo of Andrea P. Clark Andrea P. Clark

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea…

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea for her ability to explain in understandable terms the wide range of issues impacting them, including basic transparency laws (Brown Act and Public Records Act), public bidding and contracting, bond financing, the unique nature of joint powers authorities, and elections. She also regularly counsels clients on water transfers, Proposition 218 compliance, the California Environmental Quality Act, the National Environmental Policy Act, and financing strategies for major capital improvement projects.

With a special expertise in flood control and floodplain management, Andrea is regularly asked to speak on topics ranging from flood insurance to climate change and the future of flood control policy in California. Through her representation of clients in state flood policy and speaking engagements, she has forged strong relationships with key members of the flood control community in California.

Andrea also counsels private clients, including landowners and mutual water companies, on water supply matters, including proceedings before the State Water Resources Control Board, water rights determinations, and contractual disputes with Federal agencies.

Photo of Scott L. Shapiro 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…

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.