Federal Advocacy Update, Nov 17, 2025
Quick Peek for Districts:
- State and Local Cybersecurity Program Reauthorization (PILLAR Act, H.R. 5078)
- Relevant to all utility, water, fire, healthcare, and transit districts.
- WOTUS Redefinition
- Impacts water, wastewater, flood control, irrigation, and conservation districts.
- Narrower federal permitting may reduce burdens but increase state/local responsibility.
- FEMA Leadership Transition
- Affects disaster response coordination and federal grant processes impacting emergency services and utility districts.
- Flood Insurance for Farmers Act (H.R. 5961)
- Relevant for rural water, flood control, and irrigation districts working with agricultural stakeholders.
- Every Drop Counts Act (H.R. 338)
- Expands support for groundwater recharge and water storage—key for water and irrigation districts.
- Broadband Measures
- Relevant for telecom, electric, and rural utility districts pursuing broadband expansion.
- PFAS Cleanup Policies
- Significant for water and wastewater districts facing regulatory and remediation requirements.
- BLM Land Use Planning
- Impacts districts with infrastructure on public lands (water pipelines, transmission lines, fire mitigation).
- EPA’s New Proposed Definition of “Waters of the United States” (WOTUS)
- Aligns with Sackett v. EPA (2023).
- Narrows federal jurisdiction to tributaries with steady, predictable flow and wetlands with a continuous surface connection to navigable waters.
- Excludes ditches, converted cropland, waste treatment systems, and groundwater.
- Includes seasonal definitions of “wet season.”
- Intended to clarify boundaries of federal vs. local/tribal jurisdiction.
- Will open a 45-day comment period once published.
House and Senate Action
House
The House returns to a full workload after nearly two months out of session during the government shutdown. Lawmakers are set to consider 17 bills on the suspension calendar (which requires a two-thirds majority for passage), including legislation – the PILLAR Act (H.R. 5078) – to reauthorize the State and Local Cybersecurity Program. Later in the week, the House is also expected to take up legislation directing the Attorney General to release unclassified records related to Jeffrey Epstein. The full schedule is available here.
Senate
The Senate returns on Tuesday afternoon and is expected to focus primarily on nominations. Majority Leader John Thune (R-SD) is also aiming to make progress on a package of up to five fiscal year 2026 appropriations bills, part of the broader effort to advance the remaining annual spending measures. Congress has already cleared three full-year appropriations bills as part of the recently enacted Continuing Resolution.
EPA Releases New Proposal to Redefine Waters of the United States
The Trump administration has released a new proposal to update the federal definition of “waters of the United States” (WOTUS), which determines what waters and wetlands are protected under the Clean Water Act. The goal is to bring federal rules in line with the Supreme Court’s 2023 Sackett v. EPA decision, which narrowed the types of waters the federal government can regulate. If finalized, the proposal would replace the Biden administration’s definition and continue a long pattern of each administration rewriting the rule.
The proposal focuses on clarifying several terms the Supreme Court used in Sackett, including “relatively permanent,” “continuous surface connection,” and “tributary.” Under the draft, a tributary would only fall under federal oversight if it connects to a traditional navigable waterway (such as a major river) either directly or through another feature that provides steady, predictable flow. Wetlands would be protected only if they directly touch those waters and share a continuous surface connection for part of the year, meaning many isolated or seasonally connected wetlands would no longer qualify.
EPA said the proposal would make it clearer which waters remain federally regulated and which are excluded. As in past rules, ditches, converted cropland, and waste treatment systems would remain outside federal jurisdiction, and the new proposal would also exclude groundwater. The draft also considers seasonal conditions – such as defining a “wet season” - when determining whether waters have enough flow to count as “relatively permanent.”
Farm, ranching, and construction groups have urged EPA to fully reflect the Sackett and earlier Rapanos decisions by excluding most ephemeral and intermittent waters and limiting wetland protections to areas that directly touch navigable waters. Environmental groups, on the other hand, warn the proposal would roll back protections for wetlands and small streams that help filter water, support wildlife, and reduce flooding. EPA noted that the rule is also intended to strengthen local and tribal control by more clearly outlining where federal oversight ends.
EPA and the U.S. Army Corps of Engineers plan to hold two public meetings on the proposal. Once published in the Federal Register, it will be open for a 45-day public comment period, and the agencies have indicated they will move quickly toward a final rule.
Top FEMA Official Resigns
Earlier today, David Richardson announced his resignation from the role of acting head of the Federal Emergency Management Agency (FEMA). Richardson, who also led the Department of Homeland Security’s Countering Weapons of Mass Destruction office, had served in the acting role since May. His tenure drew internal scrutiny after reports that he was unreachable during the early hours of the severe flooding disaster in Texas this summer. FEMA Chief of Staff Karen Evans will take over the role starting on December 1.
Lawmakers Reintroduce Flood Insurance for Farmers Act
Last week, Representatives Doug LaMalfa (R-CA) and John Garamendi (D-CA) reintroduced bipartisan legislation – the Flood Insurance for Farmers Act (H.R. 5961) – aimed at lowering flood insurance costs and reducing administrative barriers for agricultural producers located in FEMA-designated floodplains.
Under current National Flood Insurance Program (NFIP) rules, farmers must pay a separate $250 surcharge for every insured structure, such as barns, sheds, and storage buildings. H.R. 5961 would allow producers to bundle multiple structures under a single commercial NFIP policy, reducing these costs to one surcharge rather than many.
The legislation would also give local governments more flexibility to grant variances from FEMA’s minimum floodplain standards for agricultural structures when elevation or flood-proofing is impractical and when doing so does not increase flood risks.
Relevant Hearings and Markups
House Budget
Tuesday, November 18 | 10:15 a.m. ET | The panel will conduct oversight of the Congressional Budget Office (CBO) with CBO Director Phillip Swagel.
House Education and Workforce
Wednesday, November 19 | 10:15 a.m. ET | The Subcommittee on Workforce Protections will hold a hearing entitled, "E-Verify: Ensuring Lawful Employment in America."
Wednesday, November 19 | 2:00 p.m. ET | The Subcommittee on Early Childhood, Elementary, and Secondary Education will hold hearing entitled, "From Classroom to Career: Strengthening Skills Pathways Through Career and Technical Education."
Friday, November 21 | 9:00 a.m. ET | The full committee will hold a member day hearing.
House Energy and Commerce
Tuesday, November 18 | 10:15 a.m. ET | The Subcommittee on Communications and Technology will markup more than two dozen broadband measures.
Tuesday, November 18 | 2:00 p.m. ET | The Subcommittee on Oversight and Investigations will meet to discuss the safety of AI chatbots.
Thursday, November 20 | 10:00 a.m. ET | The Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing to explore the best ways to strengthen travel and tourism. Lawmakers will also examine the various perspectives surrounding Daylight Saving Time.
House Judiciary
Wednesday, November 19 | 10:00 a.m. ET | The Subcommittee on the Constitution and Limited Government will hold a hearing entitled, “Enumeration or Estimation: Why Inaccurate Census Results Hurt American Citizens.”
House Natural Resources
Wednesday, November 19 | 10:00 a.m. ET | The Subcommittee on Water, Wildlife, and Fisheries will hold a legislative hearing on four bills within the panel's jurisdiction, including legislation – the Every Drop Counts Act (H.R. 338) – that seeks to expand water storage and groundwater recharge opportunities by proposing key modifications to the existing Small Storage Program. Specifically, it aims to increase the size cap for groundwater recharge projects, allowing larger-scale initiatives to qualify for federal support. Additionally, it introduces expanded eligibility criteria to encourage broader participation and ensure that more groundwater projects have access to federal funding.
House Ways and Means
Wednesday, November 19 | 2:00 p.m. ET | The Health Subcommittee will hold a hearing entitled, "Modernizing Care Coordination to Prevent and Treat Chronic Disease."
Senate Energy and Natural Resources
Wednesday, November 19 | 9:30 a.m. ET | The panel will examine how the BLM land use planning process under the Federal Land Policy and Management Act (FLPMA) affects permitting for energy, mining, grazing, and infrastructure projects on public lands.
Senate Judiciary
Wednesday, November 19 | 2:00 p.m. ET | The full committee will meet for a hearing entitled, "The Rising Cost of Health Care: Considering Meaningful Solutions for all Americans."
Senate Environment and Public Works
Wednesday, November 19 | 10:00 a.m. ET | The panel will hold a hearing to examine PFAS cleanup and disposal policy.
Senate Commerce, Science, and Transportation
Wednesday, November 19 | 2:30 p.m. ET | The Subcommittee on Aviation, Space, and Innovation will hold a hearing entitled, "Flying on Empty: How Shutdowns Threaten Air Safety, Travel, and the Economy."
Senate Health, Education, and Pensions
Thursday, November 20 | 10:00 a.m. ET | The full committee will meet to discuss the future of retirement.