October 7, 2025

NEBA Advisory: USACE Guidance on Funding Lapse

The U.S. Army Corps of Engineers (USACE) has released new guidance — Engineer Circular 37-1-141: Operations in Lapse of Appropriations — outlining how the agency will function during the government shutdown.

Under this directive, only activities deemed essential to protect life, property, or national security will continue with minimal staffing.

For mitigation bankers, consultants, and permit applicants, this means regulatory reviews, credit releases, and permit decisions may be temporarily delayed until Congress enacts new appropriations or a continuing resolution.

NEBA encourages members to stay informed, maintain open communication with district staff, and plan for potential processing delays.

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