Regulatory Services

The regulatory or rulemaking process is a powerful way to influence the real-world outcomes of laws passed by Congress, and is an important step to ensuring implementation is favorable to our client’s needs. TFG’s regulatory practice is built on a comprehensive understanding of agency policy and rulemaking processes. TFG professionals have been working with, or have served as, senior staff at federal and state agencies for decades. We use this experience to devise and implement innovative solutions and strategies to achieve effective regulatory outcomes for our clients, and, among other things, put you face-to-face with program officers and decision-makers within key agencies to advocate for your interests.

Why Choose TFG?

  • Develop and submit comments on agency rulemakings, guidance, proposed rules, interim final rules, advisory documents, policy manuals, supplemental proposed rules, and amendatory language
  • Advocate at federal agencies, the Executive Office of the President, the Office of Management and Budget, and Congress
  • Devise innovative solutions for our client’s regulatory challenges
  • Track and monitor regulations and policies
  • Research and analyze agency rules, regulations, policies, and objectives

Overview

The Water Resources Development Act (WRDA) serves as the primary vehicle through which Congress authorizes U.S. Army Corps of Engineers civil works projects and establishes policy frameworks for water resource development nationwide. Enacted on a biennial schedule, WRDAs provide congressional authorization for USACE to conduct feasibility studies, construct flood risk reduction projects, improve navigation infrastructure, restore aquatic ecosystems, and assist with environmental infrastructure development.
Since the enactment of WRDA 1986, Congress has used these omnibus authorization bills to both create new USACE authorities and refine existing programs based on evolving national priorities and lessons learned from program implementation. Recent WRDAs have addressed critical issues including drought resilience, water supply development, infrastructure modernization, and support for economically disadvantaged communities.
The most recent legislation, the Water Resources Development Act of 2024 (WRDA 2024, P.L. 118-272), continued Congress's bipartisan commitment to strengthening America's water infrastructure by authorizing new construction projects, modifying existing authorities, and establishing updated policy guidance for USACE operations. WRDA 2024 also authorized five new regional environmental infrastructure programs, each incorporating flexible delivery mechanisms that allow federal assistance to be provided through grants or reimbursements to nonfederal sponsors.
Authorization through WRDA is typically a prerequisite for USACE activities to receive federal appropriations through the annual Energy and Water Development appropriations process. This two-step framework—authorization followed by appropriation—ensures congressional oversight of both program scope and funding levels.
Section 219 of WRDA 1992, as amended, represents one of USACE's most geographically expansive environmental infrastructure assistance authorities. Originally enacted to authorize design assistance for 18 specific projects, Section 219 has been amended by subsequent Congresses to authorize both design and construction assistance for water-related environmental infrastructure in hundreds of municipalities, counties, and states across the nation.
The Congressional Research Service has identified over 600 environmental infrastructure assistance authorities with cumulative authorizations of appropriations totaling approximately $18.1 billion. Section 219 authorities constitute the majority of these geographically specific project authorizations, covering at least 46 states, the District of Columbia, and four U.S. territories.
Section 219 projects address critical community needs including wastewater treatment facilities, water supply and distribution systems, stormwater management infrastructure, surface water protection, and environmental restoration. These projects support public health, environmental quality, and economic development in communities that have secured congressional authorization for USACE assistance.
Congress has continued to expand Section 219 in recent legislation. WRDA 2022 added 132 new Section 219 authorities and amended 24 existing authorities. WRDA 2024 authorized an additional 193 new Section 219 authorities and amended 53 existing authorities, providing a combined $5.4 billion increase in authorization of appropriations. WRDA 2024 also established a seven-year pilot program to increase the federal cost share from 75 percent to 90 percent for Section 219 projects benefiting economically disadvantaged communities.
Unlike traditional USACE water resource projects, Section 219 assistance does not require completion of the agency's standard feasibility study process. However, projects receiving Section 219 assistance must comply with applicable federal environmental laws, including the National Environmental Policy Act.

Case Studies

4F Waiver

TFG worked with the Transportation Corridor Agencies to secure a legislative fix to a 4F regulatory hurdle that prohibited transportation projects funded with federal dollars from having an adverse impact on parks and historic properties. Without the waiver, a multi-billion dollar toll road would have either been stopped in its entirety or incurred significant delays and legal expenses. Working with House and Senate Committees, the Department of Transportation, the Trust for Historic Preservation, and national environmental groups, TFG and its client crafted a provision in federal transportation authorization legislation that permitted an exception to the law when both a park facility and the highway are identified in the same planning process and meant to coexist. The legislative fix avoided construction delays and costly litigation.

Executive Order on FFRMS

In January 2015, the Obama Administration issued Executive Order 13690, which updates the original 1977 Federal Flood Risk Management Standard (FFRMS) Executive Order to help reduce the risk and cost of future flood disasters by requiring future federally-funded investments in and around floodplains to adopt higher flood standards. TFG worked to educate its local government clients on the impacts of the Executive Order on their federally-funded projects and ensured Congress and the Administration understood the impacts of the new requirements on local communities. TFG continues to work with clients through the implementation of the Executive Order and will continue to ensure that local governments in the floodplain are not unfairly burdened by the new requirements.

EPA Integrated Planning

TFG has worked on behalf of the TFG-managed Perfect Storm Communities Coalition (PSC) to advocate for a regulatory approach consistent with the Clean Water Act (CWA) that provides local governments the flexibility needed to meet major regulatory challenges in a more cost-effective way. These efforts resulted in the release of EPA's Integrated Planning Framework, which allows a municipality to meet multiple CWA requirements by identifying efficiencies from separate wastewater and stormwater programs and sequencing investments so that the highest priority projects are addressed first, saving municipalities significant time and ratepayer resources. TFG continues to work with PSC to advocate for the codification of EPA Integrated Planning Framework and increased flexibility in meeting CWA obligations.

Services & Issue Areas of Expertise

Transportation

Transportation

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Broadband & Telecommunications

Broadband & Telecommunications

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Economic & Community Development/Housing

Economic & Community Development/Housing

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Environment & Sustainability

Environment & Sustainability

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Health Care & Social Services

Health Care & Social Services

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Public Safety

Public Safety

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Disaster Preparedness & Recovery

Disaster Preparedness & Recovery

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Flood Issues

Flood Issues

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Water Resources

Water Resources

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US Congressional Calendar

9 December 2024

TFG Presents 2025 Congressional Calendar

The Ferguson Group (TFG) compiled a 2025 Congressional Calendar with session and recess dates for the U.S. House of Representatives and U.S. Senate 119th congressional session. 

Latest TFG News

A Message from Roger Gwinn on the Passing of Congressman Doug LaMalfa 7 January 2026

A Message from Roger Gwinn on the Passing of Congressman Doug LaMalfa

WASHINGTON, D.C. – TFG CEO, Roger Gwinn, released the following statement regarding the passing of Congressman Doug LaMalfa.

Meet a Team Member

Earl Stockdale

Earl Stockdale

Of Counsel and Senior Advisor

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