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Dismantling BRIC, Brick By Brick

By Scott L. Shapiro on April 21, 2025
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BRIC

Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army Corps of Engineers’ Civil Works Program. Big funds from FEMA tended to show up only after a disaster. But BRIC was going to change that: it was going to offer big funds, before a disaster, without the often painful and expensive Civil Works Program. As a result, many agencies and local governments pursued BRIC funding and were approved.

Unfortunately, the Trump Administration has now clarified that it means to completely end the BRIC program, both for current and future awards. Many agencies had received previous commitments from FEMA, but without money flowing yet, they didn’t know if they were in or out. A FEMA advisory dated April 16, 2025, provides the answer to that question. It states clearly that the 2024 BRIC funding opportunity is cancelled. It credits this cancellation to a “lack of concrete results and a majority of funding being awarded to only a few states.” It notes that if construction has started, then the project may be completed. However, if construction has not begun, all funds must be returned.

For many projects that were about to get started, this will simply delay the needed flood protection. Initiating an Army Corps process will not bring about fast protection, and very few states will have the resources to step in for these approved projects. Unfortunately, without the BRIC program providing the brick-and-mortar protection needed, many communities will be like the pig with the straw house, just waiting for the wolf to blow it down.

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.

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  • Posted in:
    Environmental and Climate
  • Blog:
    The Levee Was Dry
  • Organization:
    Downey Brand LLP
  • Article: View Original Source

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