1 June 2015

Editorial: Timing Right for Lobbying Firm

Editorial: Timing Right for Lobbying Firm

June 1, 2015

 

For most of nearly a decade, the city of Greenville received a handsome return on its contract with Washington, D.C.-based lobbying firm The Ferguson Group. Four years after that contract was allowed to expire, the city has again hired the firm and there is reason to believe the investment could pay off again.

In 2002, the City Council first hired The Ferguson Group, under the direction of Mayor Don Parrott, to advocate on behalf of Greenville to win federal funding for city projects. The move received a healthy dose of skepticism at the time, and rightly so since there was no guarantee that the city’s $100,000 investment would be rewarded.

The firm had a track record of success, however, and Greenville added its name to the win column in a matter of months with a $200,000 gain. The firm secured that amount to pay the U.S. Army Corps of Engineers to assess storm runoff in Greenville and study bank stabilization.

Hiring a lobbying firm to do the city’s bidding in Washington might seem distasteful to some who believe that lawmakers representing the city should be as capable. Lobbying firms have held tremendous sway, however, in the process of inserting language in large appropriation bills that designate money for city projects in a process known as earmarking.

That process changed in 2010 when Congress approved a moratorium on earmarks. That development caused many local governments to rethink their relationships with lobbying firms and likely played a role in Greenville’s decision to drop The Ferguson Group.

Lobbying firms have adapted their strategies since the moratorium and local governments are responding. Hiring lobbyists to navigate the enormous size and complicated nature of the federal budget still can give cities a competitive advantage in securing funds for projects.

Prior to the moratorium, and the recession that hit in 2008, the process worked extremely well for Greenville.

Addressing the Greenville-Pitt County Chamber of Commerce in October 2007, Parrott was nearing the end of his third term as mayor and included the hiring of The Ferguson Group among his top accomplishments. At that point, the group had won earmarks in the federal budget totaling more than $14 million for projects — including the 10th Street Connector, greenways, west Greenville revitalization, wireless technology for police, stream restoration studies, expansion buses and the intermodal center.

The political and economic currents may be moving in different directions today, but the economy is strong again and Greenville leaders are right to again test the lobbying waters that once paid off so well for city taxpayers.

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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.
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