Washington Waves
Legislative/Regulatory

Washington Waves: Waterway News From D. C.

Key committees on both sides of the U.S. Capitol unanimously advanced their versions of the Water Resources Development Act (WRDA) of 2026, sending the measures to floor action in their respective chambers.

H.R. 9497 received a 66-0 roll call in the House Transportation and Infrastructure Committee while S. 4949 won an 18-0 roll call in the Senate Environment and Public Works Committee.

Leaders of both panels took pride in pointing out they are maintaining their track record of moving WRDAs on a biennial basis since 2014.

As approved by the House committee, H.R. 9497 authorizes 133 new feasibility studies for locally proposed water resources infrastructure projects and 14 projects that have been vetted by the U.S. Army Corps of Engineers and are ready for construction authorization by Congress.

In addition, the bill includes various policy changes to improve infrastructure project delivery. The changes include strengthening and reauthorizing alternative project delivery programs, emphasizing non-federal interests’ input for feasibility studies and helping ensure that non-federal interests can find the right Corps resources to get projects off the ground.

S. 4949 includes provisions for additional flexibility to non-federal interests regarding contributed funds for projects, establishing requirements for reports to Congress, providing information on the capability of the Corps for a feasibility study or water resources project at the request of a member of Congress and directing the secretary to establish a limited process for certain projects.

Crowded Agenda

The unexpected passing of Sen. Lindsey Graham (R-S.C.) and the ongoing hospitalization of Sen. Mitch McConnell (R-Ky.) have both complicated the Senate’s already crowded agenda.

Along with the 12 annual spending bills, Congress has a number of measures viewed as must-pass legislation, such as the National Defense Authorization Act and the Water Resources Development Act.

President Donald Trump also has added an elections bill called the SAVE America Act to his list, even though it lacks the supermajority support necessary in the Senate to advance.

That has led to talk of a third reconciliation bill that would require only a simple majority vote in both chambers.

Quick action by South Carolina Gov. Henry McMaster to appoint the late Sen. Graham’s sister as his temporary successor helped relieve some of the pressure in that narrowly divided chamber. Darline Graham was sworn in and is expected to serve until January 3, when the new Congress convenes, and she will be succeeded by a permanent successor elected in November.

Port Security Grant Program

The Federal Emergency Management Agency (FEMA) released a Notice of Funding Opportunity (NOFO) for the fiscal year 2026 Port Security Grant Program (PSGP). According to FEMA, the closing date for applications is July 24.

Expected to provide up to $95 million, the NOFO is to fund increased port-wide risk management and protection of critical Marine Transportation System infrastructure from acts of terrorism, major disasters and other emergencies.

Open to state, local, territorial and private sector maritime partners, the NOFO (DHS-26-GPD-056-00-99) can be viewed at https://www.grants.gov/search-results-detail/362824.

Applicants can submit applications for this funding opportunity through FEMA Grants Outcomes (GO) at https://go.fema.gov/.

Demurrage Victory

The Federal Maritime Commission (FMC) noted its recent victory in the U.S. Court of Appeals for the D.C. Circuit that affirms that detention and demurrage fees must promote freight fluidity.

Filed at FMC Docket No. 19966(I), the case concerned detention fees issued to a trucker for its late return of a shipping container and chassis for three days when a port was closed over a holiday weekend and the trucker had no practical ability to return the equipment to the port before the closure, according to the agency.

The FMC said the court upheld its determination that detention fees levied on a trucker by an ocean common carrier during the three-day port closure were unreasonable.

“The court affirmed that the FMC can rely on its expertise and experience to balance competing incentives when determining whether detention and demurrage fees will encourage the efficient flow of equipment through the ocean shipping supply chain,” the agency stated on its website.

Keel Authentication

The Coast Guard joined with Rozema Boat Works for a keel authentication ceremony for the next generation of heavy weather surf boats. With the first vessel scheduled for delivery in 2027, the Coast Guard said it plans to acquire up to six 64-foot SPC-HWX II vessels to replace the 52-foot heavy weather boats, which entered service in the 1950s and 1960s and retired in 2021.

According to the Coast Guard, the SPC-HWX II will support search and rescue, disabled vessel towing, law enforcement, ports, waterways and coastal security as well as other Coast Guard missions.

With accommodation for a relief crew, the SPC-HWX II will have an endurance of up to 48 hours, a critical feature for long-range heavy-weather missions.

During the time-honored tradition marking the formal start of a vessel’s construction, Rep. Rick Larsen (D-Wash.) and Chief Warrant Officer Beth Slade, commanding officer of the National Motor Lifeboat School, welded their initials into the keel, signifying the keel is “well and truly laid.”